HomeMy WebLinkAboutho.deter.48.2006
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Ji=lNICE K VOS Ci=lUDILL PITKIN COUNTY CO R 0.00 0 0.00
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE 9425 REAL ESTATE
LLC REQUEST FOR ADDITIONAL FLOOR AREA THROUGH THE USE OF A '{DR
Determination No. ~2006
RECITALS
1. 9425 Real Estate LLC ("Applicant") has applied to the Pitkin Comity Hearing Officer ("Hearing
Officer") for Special Review approval to utilize the property as a TDR receiver site to build up to
8,250 square feet of floor area.
2. The lot is located at 640 I East Sopris Creek Road and more specifically described in Exhibit A.
3. The property is zoned RS-30 PUD and is 38.6 6 acres in size,
4. The parcel received 1041 Hazard Review approval pursuant to Hearing Officer Determination
No. 18-2001. The parcel was then subsequently denied Special Review approval for additional
floor area by the Hearing Officer and the BOCC pursuant to BOCC Resolution No. 032-2003.
5. The Hearing Officer considered this application at a duly noticed public hearing on October 17,
2006, at which time evidence and testimony were presented with respect to this application and
support was voiced by several neighbors. In addition, the Hearing Officer considered a letter from
the Snowmass/Capital Caucus which unanimously opposed the applicant's request.
6. The Applicant has represented, and the Hearing Officer concurs that the proposed use of additional
floor area will cause no modifications to the outside of the existing structure, is below grade, and
does not itself have any visual impact.
7. The Hearing Officer determined that the proposed use of one TDR for additio11al square footage is
consistent with the Special Review criteria and the Snowmass/Capitol Caucus Master Plan for a
TDR receiver site, is consistent with prior approvals, and the proposed development otherwise
complies with all applicable provisions of the Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Hearing Officer that he does hereby approve the 9425 Real Estate LLC Special Review for additional floor
" area through the use of a TDR subject to the following conditions:
1. The Applicant shall comply with the provisions of Hearing Officer Determination No. 18-2001,
unless otherwise replaced or amended by the conditions ofthis approval.
2. At time of building permit submittal, Applicant shall submit to Community Development one
executed, irrevocable certificate of a TDR and a recorded deed evidencing the sale or transfer of
the certificates to the lot owner. The TDR shall originate from a preservation site within the
Snowmass-Capitol Creek Valleys Planning Area.
3. The additional floor area resulting from this approval shall be restricted to below grade floor area
only. The building permit application for use ofthe below grade floor area shall include photo
documentation of the existing visual character of the residence on the property; a Certificate of
Hearing Officer Determination No.Yf>.2006
Page 2
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Ji=lNICE K VOS C~~~~~~~ITKIN COUNTY CO R 0.00 0 0.0~~_~
Occupancy will only be issued after a determination by the Community Development Department
that the visual character of the residence has not changed from the outside.
4. The Applicant shall adhere to all material representations made in the current application or in
public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
5. 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, S 4-140 and C.R.S., S 24-68-105. The statutory vested rights granted
herein shall expire on October 17,2009.
NOTICE OF PUBLIC HEARING PUBLISllEDIN THE ASPEN t'IME'SWEEKL Y: on the
13th day of August, 2006.
APPROVED ON THE 17TH DAY OF OCTOBER 2006.
PUBLISHED AFTER ADOr;rION FOR VESTED REAL PROPERTY RIGHts in the
ASDen Times Weekly on the -Ci day of --CpL, 2006.
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
ATTEST:
By tZ.
/ James R. True, Hearing Officer
Date
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~cnuW ~
Bonnie Waechtler, Administrative Assistant
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APPROVED AS TO FORM:
~~?
John Ely,
County Atto
APPROVED AS TO CONTENT:
:if A Y'V"LC~ .tw cJt
e'in)Jy Houben, ~
Community Development Director
PI08-06
264504200004
JUL.31.2002 5:03PM
STEWRRT r I rLE'AsPE1~r~""~''"~''
SClIEDULE A
,~><t...'
NO~794
P.6/8
Order Number: 00027777-C3
LEGAL DESCRIPTION
A tract of ~and ~n sect~on ~, Tow.nship 9 south, RAnge 96 W.~t of the S~xth
Principal Meridian be1n~ more pa~icularly described as follows:
Beginning At a point in the South right-ai-way f-nce of a County Road whence
the Horthea8t Corn.r of said Section ~ bears
!lorCh 73050' 11" East 22'0.46 feet.;
thence south 1927.36 feet to the Northeasterly line of a 20-acre parcel;
thence alOng sa~a line North 45010'061' West 1832.73 feat to B. point on the
Easterly line of Little Elk Creek a~div~.ion, Piling No.2, County of Pi~kin,
State of Colorado;
thence along said Easterl~ line Harth 662.10 feet to a point in said Souther!!,
right-of-way fence;
thence along said fence South 88053'55" East 1086.30 feet~
thence South 88023'47" Ellst 213.72 feet to the Point of BIiI9'inning.
COUNTY OF J"I:rx:rN, S:I!A:lE OF COLORAPO
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531496
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