HomeMy WebLinkAboutbocc.res.230.2000 I IIIIII IIIIIIIIIIIIIIIII III IIIIII IIIIII III IIIII IIII IN
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,DETERMINATION OF NO TAKINGS FOR THE EUBANKS 1041 HAZARD
REVIEW AND CONCEPTUAL SUBMISSION
Resolution No.230-2000
RECITALS
1. The Board of County Commissioners("BOCC")of Pitkin County,Colorado makes the following
findings:
A. Dr. Billy Ray and Bonnie Jean Eubanks("Applicant")are the owners of Lot 2, Hefner
Subdivision, according to the Plat thereof recorded April 15, 1985 in Plat Book 17 at Page
11.
B. On May 16, 2000, by Determination No. 17-2000,the Pitkin County Hearing Officer denied
the Eubanks 1041 Hazard Review and Conceptual Submission due to rockfall hazard which
encumbers the entire property as determined by two certified professional geologists.
C. The Applicant applied to the BOCC for a takings determination pursuant to section 4.150 of the
Code. The Applicant contended that the Eubanks Land Use application denial constituted a
taking of private property without just compensation.
D. At regularly scheduled meetings on September 13th and November 15,2000,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 denial constituted a compensable taking of private property, and determined the
following:
i The denial by the Hearing Officer does not deny all reasonable beneficial use or
economic return for the property.
ii The property is improved with an existing residential structure, a pool, and a shed.
iii The property is subject to 1041 Environmental Hazard Review since the Stipulation and
Order of the District Court, County of Pitkin County, State of Colorado, Civil Action
Nos. 82CV3, 82CV 152 and 82CV216(Book 449 at Pages 649-653) do not affect the
fathering parcel and there was no building envelope created for Lot 2 by virtue of the
settlement. In addition,the Pitkin County Land Use Code ("Code")states that 1041
Environmental Hazard Review does apply to Lot 2 since the proposed building envelope
does not qualify for an exemption from 1041 Hazard review as"[t] the specific
development has [never] received approval by the Board of County
Commissioners...pursuant to [1041 regulations]." §3-80-020(C).
iv The property was subject to 1041 Environmental Hazard Review regulations at the time
the Eubanks acquired their interest in the property.
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v The property is subject to Scenic Overlay Review pursuant to section 3-60-040 of the Code
and the county adopted Scenic Overlay maps. However,the BOCC's finding of no takings
was not based on Scenic Overlay concerns.
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 the Eubank's property.
TAKINGS DETERMINATION RENDERED ON THE 15TH DAY OF NOVEMBER 2000.
ADOPTED ON THE 15TH DAY OF NOVEMBER 2000.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
L ee R. Dean Shellie Roy,
Clerk to the Board Chair
Date: /y—
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John FCifidyHouben,
CdVniy Attorney Community Development Director
Case#P 14-00
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