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Home My WebLink Aboutbocc.res.006.2006 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AN EXTENSION OF VESTED REAL PROPERTY RIGHTS AND A 1041 HAZARD REVIEW AMENDMENT FOR LYLE REEDER AND STANFORD JOHNSON Resolution No.~-2006 RECITALS I. Lyle Reeder and Stanford Johnson ("Applicants") have applied to the Pitkin County Board of County Commissioners ("BOCC") to consider a 3 year Extension of Vested Real Property Rights pursuant to Section 4-140-30 of the Land Use Code ("Code"). The Applicants are also requesting to amend the approved building envelope to include slopes in excess of 30%, as permitted pursuant to Ordinance No. 26-2003. 2. The property is located at 333 S. Second St., and is described as Tract A of Parcel A of Government Lot 20 Subdivision Exemption, according the Plat thereof filed January 8, 1993 in Plat Book 30 at Page 23. 3. The parcel is zoned R-15 and contains 39,261 square feet. 4. 1041 Hazard Review approval to construct a single family residence was granted by the Planning and Zoning Commission pursuant to Resolution No. PZ-9 I -45. The vested rights for this approval expired on August 20, 1994. 5. The BOCC subsequently granted subdivision exemption approval, pursuant to Resolution No. 93-38, to create separate parcels from Government Lot 20, which were sold and given to the Pitkin County Open Space and Trails Board to develop a trail. The subdivision exemption plat was recorded in Plat Book 30 at Page 23. A note on the plat specifies that "all development rights, including' floor area ratio" associated with the original Lot 20 are reserved for the benefit and use of Tract A. The contract between Reeder and the County for the purchase of a portion of the old Midland Railroad Grade (now the Midland Trail) includes a provision allowing Reeder to excavate within a 30' driveway easement across the trail, and once a certificate of occupancy is issued for any residence, allowing the County to erect a bridge over the driveway to reconnect the trail. 6. The BOCC denied an extension of vested rights pursuant to Resolution No. 98-198 since the envelope was located on slopes in excess 01'30% and within rockfall hazard areas, and then found pursuant to Resolution No. 99-178 that the denial did not constitute a taking. 7. The Hearing Officer granted 1041 hazard review, conceptual submission and special review approval for a single family residence and caretaker dwelling unit, pursuant to Determination No. 32-2002. The Hearing Officer subsequently amended the approval pursuant to Determination No. 1-2003 to specify the maximum allowable floor area and Determination No. 25-2003 to permit drilling of a well as an alternative to City water service. The vested rights expired on July 16,2005. 8. The BOCC heard this application at duly noticed public hearings on September 14 and October 12, 2005 and January 11,2006, at which times evidence and testimony were presented with respect to this application. 9. The BOCC finds that extenuating circumstances out of the control of the Applicant have hampered the abilityto pursue the project to date and, therefore, that the extension of vested rights is appropriate. II I 1~11 11-1 ::~~~~;~ ~Z:49' JANICE K VOS CI=IUDILL PITKIN COUNTY CO R 0.00 D 0.00 Resulution No.&-2()()6 Page 2 10. The BOCC further finds that development may occur on slopes in excess of 30% and less than 45%, pursuant to Sub-section 3-80-050(C) l.c.ii.h of the Code, given that the area with slopes of less than 30% is not adequate to develop the allowable floor area, and will not create additional visual impacts. 11. The BOCC further finds that the expansion of the envelope will not increase the exposure ofthe residence to rockfall or avalanche hazards. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve an extension of vested rights and an amendment to the Reeder/Johnson 1041 hazard review. subject to the following conditions, which shall run with the land and be binding on all slIccessors in interest. I. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. All conditions of Hearing Officer Determination Nos, 32-2002, 1-2003 and 25-2003 shall remain in full force and etfect, except as amended herein. 3. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall submit an amended 1041 Hazard Review Site Plan to the Community Development Department for approval and recording. The mylar copy of the site plan must be signed by the owners prior to submittal for record i ng. 4. Within 90 days ofthe date of this approval, the Applicant shall submit a fmal escrow agreement to the County Attorney for review, approval and recordation. The escrow agreement shall include the following provisions: A. Applicant will pay for the cost of excavating the County's portion ofthe trail located on both sides of the driveway. B. Applicant will place $200,000 in escrow, to be released to Open Space and Trails as a contribution ifand when the County decides NOT to build a bridge over the driveway. The escrow shall terminate: (a) 2 years after a CO has been issued, or (b) ifand when the County passes a resolution not to build a bridge, or (c) if and when construction of a trail bridge commences, whichever occurs first. 5. Failure to comply with the conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 6. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, ~ 4-140 and C.R.S., ~ 24-68-105. The statutory vested rights granted herein shall expire on February 8, 2009. ' I' . 1 !. r I ~~:~~:;! ~z JANICE K vas Ci=lUDILL PITKIN COUNTY GO R 0.00 D 0.00 49~ Resulutiun No dO~ -2006 rage 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 14'" day of Angllst, 2005. g.~...( fJl/t~ APPROVED AND ADOPTED on the ~ day of f.erwary, 2006. PUBLISHED AFTER ~OPTI~. ~ F?O~ VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on theJ~ day of ~' 2006. iA'\TEST: , / Y , '. )1 ~{l{jf11' 4t~ J~anette Jones, !. " , D~pllty Clerk and R#:order '\ Date: -- .?-/...ijrC}5 APPROVED AS TO FORM: APPROVED AS TO CONTENT: ---.., ~ ~- --- JohnE ,/- / C nty Attorney j . /.0-1Ju ~ (U ~( ff Cindy Houben, Community Development Director Case #P 176-05 PID# 27351242000 I I ., . I I I - - JANICE K VOS CAUDILL PITKIN COUNTY CO 522638 Page: 3 of 3 04/05/2006 12:49F R 0.00 D 0.00