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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,DETERMINATION OF NO TAKINGS FOR THE SEYFER 1041 HAZARD
REVIEW AND CONCEPTUAL SUBMISSION
Resolution No.JOL_-2000
RECITALS
1. The Board of County Commissioners("BOCC")of Pitkin County,Colorado makes the following
findings:
A. Carl and Luella Seyfer("Applicant")are the owners of Lot 18, Redstone Subdivision,
according to the Plat recorded April 20, 1944 in Plat Book 02 at Page 24 as Reception No. 88668 and
Revised Plat and Addition to a portion of Redstone Subdivision recorded February 20, 1977 in Plat Book
05 at Page 65 as Reception No. 192142; and Lot 24, Redstone Subdivision, according to the Revised Plat
of Redstone dated May 31, 1945 and lying in the NE '/4 of Section 20 and in the SE '/a of Section 17, all
being in Township 10 South,Range 88 West of the 6th, County of Pitkin State of Colorado.
B. On May 24, 2000,by Determination No. 16-2000,the Pitkin County Hearing Officer
partially approved and partially denied.1he Seyfer 1041 Hazard Review and Conceptual Submission for lots
18 and 24. The Hearing Officer made the following determination:
1) Lots 18 &24 have merged with Lot 19 and are considered legally"one" lot.
2) Development on Lot 18 was denied based on the findings that section 3-80-040(A) of the
Code prohibits development, use and fill construction, excavation, embankment, or
alterations on or over any portion of the 100-year floodplain.
3) Development on Lot 24 was approved in an approximately 4,400 square foot area of the
property outside of the 100-year floodplain. A driveway was approved, conditioned
upon the material to be utilized must be approved by the Floodplain Administrator and no
vehicles of any kind may be parked or stored within the 100-year floodplain.
C. The Applicant applied to the BOCC for a takings determination hearing pursuant to section
4-150 of the Code. The Applicant contended that the Seyfer Land Use application denial constituted a
taking of private property without just compensation.
D. On June 14,2000,at regularly scheduled meetings,the BOCC considered the evidence and
testimony presented by the County Attorney's Office,the Community Development Department and the
Applicant on the issue of whether the land use application denialaffected a compensable taking of private
property. The Taking Determination was continued in order to allow the County Attorney's Office
opportunity to review documentation and legal materials submitted by the Applicant's attorney.
2. A review was conducted of the minutes of BOCC meetings from January 24, 1977, February 14,
1977, Resolution No. 77-15, and the Revised Plat and Addition to a portion of Redstone Subdivision Plat
Book 5 at Page 65. The Revised Plat does not include a replat of the entire Redstone Subdivision as
purportedly platted in 1936,(the revised plat ends with Lot 24).
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3. The approval granted by the Hearing Officer does not deny all reasonable beneficial use or
economic return for the property.
4. The property is not part of an appropriately approved and recorded subdivision and therefore
subject to County subdivision and hazard review regulations.
5. The property is improved with an existing residential structure.
6. The property was subject to County Floodplain regulations at the time the Seyfers acquired their
interest in the property.
7. No application has been filed to divide the subject parcels into developable lots.
NOW THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, State of Colorado,based upon the foregoing,the Board determines that there has been no taking
occasioned by the Hearing Officer's action concerning lots 18 and 24 of the Seyfer's property.
PUBLIC MEETING HELD AND TAKINGS DETERMINATION RENDERED ON THE 28TH DAY
OF JUNE,2000.
ADOPTED ON THE 26TH DAY OF JULY,2000.
ATTES BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
dee R. Dean Shel oy Harper,
Clerk to the Board Chair
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, m y Houben,
County A orney Community Development Director
Case#P 140-99
272920104032
n abt)o
Lot 18, REDSTONE SUBDIVISION, according to the Plat
recorded April 20, 1944 in Plat Book 02 at Page 24 as
Reception No. 88668 and Revised Plat and Addition to a
portion of Redstone Subdivision recorded February 20,
1977 in Plat Book 05 at Page 65 as Reception No. 192142 .
Lot 24, REDSTONE SUBDIVISION, according to the Revised
Plat of Redstone dated May 31, 1945 and lying in the NE
1/4 of Section 20 and in the SE 1/4 of Section 17, all
being in Township 10 South, Range 88 West of the Sixth
P.H. , County of Pitkin State of Colorado.
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