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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING THE TAGERT LAKE LLC SPECIAL REVIEW TO
TRANSFER A GROWTH MANAGEMENT EXEMPTION TO A CONTIGUOUS PARCEL
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Resolution No. QL2....-2006
RECITALS
1. Tagert Lake LLC ("Applicant") has applied to the Pitkin County Board of County Commissioners
("BOCC") for Special Review approval to transfer a Growth Management Exemption from a
contiguous parcel and apply it to a secondary dwelling unit establishing a second free market
residence.
2. The property is located at 47200 State Hwy 82, and is more specifically described as Parcels I and
4.
3. The property is zoned AFR-IO. Parcell is 35. acres and Parcel 4 is 17 acres according to the
Pitkin County Assessor. Parcell ID# is 2737-343-01-001. Parcel 4 ID# is 2737-343-01-004.
4. The BOCC heard this application at a duly noticed public hearing on February 8, 2006 and at which
time evidence and testimony were presented with respect to this application.
5. The BOCC has determined that the proposed application meets the criteria established in Sections
3-210-020 and 9-1 10-050 of the Land Use Code, and therefore finds the proposal to be appropriate.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby grant Special Review and
Exemption for Single Family Development approval for the Tagert Lake LLC Special Review for the
Transfer of a Growth Management Exemption, subject to the following conditions, which shall run with the
land and be binding on all successors in interest:
I. 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.
2. Prior to recordation of the amended site plan, the applicant shall record a deed restriction in a form
acceptable to Community Development and the County Attorney against the fathering parcel and
the receiving parcel that memorializes the extinguishment of the growth management exemption on
the fathering parcel. The deed restriction shall also recognize the transfer of the growth
management exemption to the receiving parcel.
3. A condition in the deed restriction should clarifY that the former EDU can be expanded up to
5,750 square feet, but that none of this floor area can be used on the main house.
4. BOCC Resolution 96-56 condition #10 shall be amended to not require removal or deed
restriction of the EDU prior to Certificate of Occupancy of the main residence.
5. The applicant shall comply with all conditions and approvals of BOCC Resolution No. 96-95 and
Hearing Officer Determination 045-200 I, except amended herein.
6. Prior to the issuance of a Certificate of Occupancy for the primary house, the Applicant shall
record an amended 24 X 36-inch mylar that depicts the newly desiguated free-market residence
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and a note announcing the sterilization of the development right for Parcel 4. The Community
Development Department shall approve the site plan prior to recordation.
7. Failure to comply with the conditions of this approval may result in revocation of this approval,
or any subsequent permit( s) or approval( s) related to this property, or vested rights associated
with this property.
8. 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 February 8, 2009.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 8'" day of
January, 2006.
APPROVED ON THE 8TH DAY OF FEBRUARY 2006.
PUBLISHED AFTER ADOPTION FDf r:~~ED REAL PROPERTY RIGHTS in the
ASDen Times Weeklv on the ~~y of ~ 2006.
JFhnetteJones 'I
~bputy County q~rk
BOARD OF COUNTY COMMISSIONERS
OF;1&?~RADO
Michael Ireland,
Chair
Date: 7JCJ/ '1)6 tY
APPROVED AS TO CONTENT:
APPRO~AST(J~UKM~
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cii'ldy ou en,
Community Development Director
P242-05
PID# 2737-343-01-0011004
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