HomeMy WebLinkAboutbocc.res.231.2000 IIIIII 11111111111111111111111111111111111111111111 IN
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,GRANTING AN EXTENSION OF THE VESTED REAL PROPERTY RIGHTS
FOR THE SILVERMAN PROPERTY
Resolution NorZ 3/-2000
RECITALS
1. Jack Silverman("Applicant")has applied to the Pitkin County Board of County Commissioners
(`BOCC")to consider an extension of vested real property rights pursuant to Section 4-140-30 of the
Land Use Code("Code").
2. The property is located on the east side of Castle Creek Road approximately 4 miles south of
Highway 82, and is described in Exhibit A.
3. The parcel contains approximately 25 acres. The western portion of the Philadelphia Mill Site
(where the building envelope is sited) is located on the valley floor and is zoned AFR-10 and the
remainder of the parcel is zoned Rural/Remote.
4. The BOCC granted 1041 hazard review and general submission approval pursuant to Resolution
No. 94-218. The 1041 site plan was recorded in Plat Book 38 at Page 16. The BOCC approved an
extension of vested rights pursuant to Resolution No. 97-162.
5. The BOCC reviewed the request at a duly noticed public hearing on November 15, 2000, at
which time evidence and testimony were presented with respect to this application.
6. The BOCC finds that the extension of vested rights is consistent with the applicable provisions of
the Land Use Code.
NOW,THEREFORE,BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby grant an extension of vested rights to the Silverman property, subject
to the following conditions,which shall run with the land and be binding on all successors in interest:
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1. This approval is subject to the terms and conditions of BOCC Resolution Nos.94-218 and 97-
162.
2. Floor area shall be limited to 5,750 square feet exempt from growth management, as calculated
based on the definition in effect at the time of building permit application.
3. Condition#12j of Resolution No. 94-218 shall be amended as follows: Roofs shall have a Class
A,non-combustible roof system. Wood shake/shingle roof coverings are prohibited in all wildfire
hazard areas. Roofs with less than a 3:12 pitch are not permitted in 1041 Wildfire Areas unless they
comply with the following:
A. All roof coverings shall be noncombustible materials as defined in the Uniform Building
Code(UBC) 1997 Section 1504 and installed on a Class A roof assembly.
B. All roof coverings shall have a surface that shall facilitate the natural processof clearing the
roof.
C. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions
above the roofline, such as parapets, shall be prohibited.
D. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum
slope of 1:48.
E. All roof designs,coverings,or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
4. The Applicant shall adhere to all material representations made in public hearings and in the
application.
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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted
herein shall expire on November 15, 2003.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIlVIES WEEKLY on the
14th day of October,2000.
APPROVED AND ADOPTED on the 15th day of November, 2000.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE
ASPEN TIMES WEEKLY on the Or ay of :J)e C- , 2000.
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Resolution No. 3�-2000 111111111111111111111111111111111111111111111111111 IN
449682 12/14/2000 02:10P RESOLUTI DAVIS
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BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
By XJJ� a
ellie Roy,Cha
ATTEST:
Lyndee; .Dean,Clerk to the 13OCC
Cr
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
i
r
Cindy Houben Jo
Community Development Director ou"C norney
P131-00
PID#27353630008
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111111 Hill 111111111111111111111111111111111111111 IN
449682 12/14/2000 02:10P RESOLUTI DAVIS SILV
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THE PHIiADELPHIA MILLSITE, U.S.M.S. 75708
THE WILTON BELLE MINING CLAIM, U.S.M.S. 2117
THE HIGHLAND MARY NO. 2 MINING CLAIM, U.S.M.S. 7570A
ALL SITUATE, LYING,AND BEING IN THE HIGHLAND MINING DISTRICT,
SECTIONS 35 AND 36, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M.
TOGETHER WITH a road easement for ingress and egress as set forth in Private Road Easement recorded
June 25, 1993 in Book 715 at Page 972 and as shown on survey recorded October 8, 1992 as Survey
Reception No. S000161 in Book S002 at Page 66.
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