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Town Council Resolution 17 2002 - to reestablish the original 2 lots - SIGNED & REC.pdf1,®q, ,, 1( 455411 I11111111111 111 111111 11 I111111 Page: 1 of 6 I, 03/22/2002 01:11P SILVIA DAVIS PITKIN COUNTY CO R 30.00 D 0.00 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 17 SERIES OF 2001 CONSIDERATION OF A RESOLUTION APPROVING A SUBDIVISION EXEMPTION FOR LOTS 6 AND 8, MELTON RANCH UNIT II, IN ORDER TO RE-ESTABLISH BY EXEMPTION PLAT THE TWO (2) ORIGINAL PLATTED LOTS. WHEREAS, Western Associates, Ltd. ("Applicant") is requesting subdivision exemption approval to re-establish by exemption plat Lots 6 and 8 within Melton Ranch Unit II subdivision, as originally platted according to the recorded plat thereof recorded February 16, 1967 in Plat Book 03 at Page 126 as Reception No. 126639 in the records of the Pitkin County, Colorado Clerk and Recorder ("Clerk and Recorder"); and WHEREAS, on June 4, 1968, the Design Committee for the Snowmass Homeowners Association ("Design Committee") approved a request by the then owners of Lots 6 and 8 to remove the interior common lot lines and setback boundaries in order to allow the construction of a single family residence situated on the common boundary of the two lots, as shown on Exhibit "A"; and WHEREAS, as evidence of the Association approval, there was a Combined Lot Declaration for Certain Lots (the "Combined Lot Declaration") recorded in Book 234 at Pages 875 (Reception No. 131187) in the records of the Clerk and Recorder; and WHEREAS, while neither Pitkin County or the Town of Snowmass Village have vacated either the lots or building envelopes as originally platted in 1968, there was some uncertainty as to whether the action taken by the Association in 1968 would affect their status as individually developable single family residential lots; and WHEREAS, on January 10, 2002, the Design Committee approved and executed a revocation of Combined Lot Declaration; and WHEREAS, the Board of Directors of the Snowmass Homeowners Association subsequently consented to and ratified the action of the Design Committee; and WHEREAS, the subdivision exemption application is intended to re-establish the two (2) subject lots in a manner consistent with Lots 6 and 8, Melton Ranch Unit II as originally platted and that authorization should be granted for the recording of a subdivision exemption plat to clarify that they remain as two (2) separately developable single family residential lots; and WHEREAS, the Planning Director has determined that the most effective way to process a request of this type was as a subdivision exemption lot line adjustment between previously platted lots pursuant to Section 16A-5-500 of the Snowmass Village Municipal Code (the "Municipal Code"); and WHEREAS, the Town Council has reviewed the application and heard the recommendation of the Town Staff; and 465411 Page: 2 of 6 03/22/2002 01:11P SILVIA [)AVIS PITKIN COUNTY CO R 30.00 D 0.00 TC Resolution 02-17 Page 2 WHEREAS, the Town Council finds that the adoption of this Resolution is necessary for the immediate protection of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One: Findings. Based upon the information submitted and testimony in the record, the Town Council finds as follows: The application has been submitted in accordance with the provisions of Section 16A-5-520 of the Municipal Code. 2. The Applicant has sufficiently demonstrated that the proposed activities will comply with the Review Standards for approving a subdivision exemption contained in Section 16A-5-530 of the Municipal Code. 3. The 1968 residence, which extends onto both lots, has been determined to be a legal nonconforming structure pursuant to Section 16A-3-220 of the Municipal Code Section Two: Approval. The Town Council hereby grants subdivision exemption approval and authorizes the preparation and recording of a subdivision exemption plat to clarify and re-establish the two (2) subject lots in a manner consistent with Lots 6 and 8, Melton Ranch Unit II as originally platted, as shown on Exhibit "B". Said approval shall be subject to satisfying the following conditions. Section Three: Conditions of Permit Approval. The granting of the subdivision exemption approval shall be subject to satisfying the following conditions: All originally platted utility, drainage, common driveway or other easements of record shall be shown and re -dedicated on the exemption plat. 2. The building envelopes for Lots 6 and 8 shall be re-established on the exemption plat to be consistent with the original "Set Back Map" for Melton Ranch Unit II subdivision recorded in Plat Book 03 at Page 128 in the records of the Clerk and Recorder, as shown on Exhibit "C". 3. The Applicant shall submit two (2) copies of the final subdivision exemption mylar to the Community Development Department for review and approval by the Planning Director and Town Attorney. The Applicant shall complete all actions or matters that in the opinion of the Town Planner and Town Attorney are necessary to satisfy or dispense with requirements of the Municipal Code before the subject plat is placed of record. 4. The Mayor is hereby authorized to sign the plat after approval as to technical and substantive completion by the Town Attorney ;and Planning ; Page: 3 of 6 tl,ll I „I I 03122/2002 01 : 11P SILVIR DAVIS PITK.IN COUNTY CO R 30.00 D 0.00 TC Resolution 02-17 Page 3 Director. 5. This resolution and the executed mylar may then be recorded, at Applicant's expense, in the records of the Pitkin County, Colorado Clerk and Recorder. 4. The 1968 residence, which currently extends onto both lots, has been determined to be a legal nonconforming structure pursuant to Section 16A- 3-220 of the Municipal Code. As such, no building permits will be issued by the Town for said structure to be extended, enlarged or expanded unless it is relocated to be fully contained within one (1) of the replatted building envelopes. 5. No building permits will be issued for new single family residences within Lots 6 or 8 until such time as the existing residential structure is either removed or relocated to be fully contained within one (1) of the replatted building envelopes. In addition, no building permits will be issued until this resolution and the mylar are recorded. INTRODUCED, READ AND ADOPTED on this 18th day of March, 2002 by the Town Council of the Town of Snowmass Village, Colorado on a motion made by Council member Mordkin, seconded by Council member Virtue, and by a vote of 5 in favor to 0 opposed. TOWN F OWMASS VILLAGE T. Michaef Manchester, Mayor AT FIST: rudi Worline, Town Clerk LiApproved as to form by Town Attorney for review by Town Council. APPROVED AS TO FORM: Stephen R. Connor, Town Attorney ` Q EXHIBIT "A" TC Resolution No. 17, Series of 2001 Page 1 of 1) X7 7 4 3 x- 83 m LL N N NEIN m p0• a DRAINAGE TYPIGhL DRAINAGE 1 II. UTILITY EASEMENT BS 59, 5 g0°03• DRAINAGE DRAINAGE DRAINAGE ESS 07, g C00 T OG z,..- E M b M Y N O O CK SjE9 /9' Y SCOL p0• a DRAINAGE TYPIGhL DRAINAGE 1 II. UTILITY EASEMENT BS 59, 5 g0°03• DRAINAGE DRAINAGE DRAINAGE ESS 07, g C00 T OG z,..- E I I II' UTILITY EASEMENT TYPICAL h 0• 'E 165. DRAINAGE DRAINAGE DRAINAGE C0Nt10 ^ Et1ENTACCE55 I I I No ti DRAINAGE DRAINAGE EXHIBIT "B" m TC Resolution No. 17, Series of 2001c c o m m Page 1 of 1) r m d LO 7• 173.8 N wW Npl C m mB mrh Ily I QD 50 FT. w AREA 20.660 O IU O NU I Z n e Ln N C I C IN I IS I I 79.29'E 169.82 I I uni I IN FT. o I 20• S0• 7q6 AR I I II' UTILITY EASEMENT TYPICAL h 0• 'E 165. DRAINAGE DRAINAGE DRAINAGE C0Nt10 ^ Et1ENTACCE55 I I I No ti DRAINAGE DRAINAGE pr.r EXHIBIT 46C99 TC Resolution No. 17, Series of 2001 Page I of 1) jj 1111111 1 1, Jill 11 Il 1 11 465411 Page: 6 of 6 03/22/2002 01:11P SILVIA DPVIb PI I KIN COUNTY CO R 30.00 D 0.00 lv'L,L I UI -N KgNCI-I UNIT2 SET BACK MAP SUBJECT PROPERTY O Zb ea ZA> Zt 4 jbb If. d 7 ActI I + 17 46 S S; raw is Z JS le ry IIRCKiDn f 77- (nA Mi3JO VINOT 10, fil 00,B,-,1AJJiV CZA AMENDMENT TO THE COMMON LOT DECLARATION FOR CERTAIN LOTS IN MELTON RANCH UNIT TWO SNOWMASS - AT - ASPEN RESIDENTIAL AREA PITKIN COUNTY COLORADO This instrument is executed this lL day of January, 2002. 1. This Amendment rescinds the Common Lot Declaration dated June 4, 1968 and recorded in Book 234 at Page 875 in the Office of the Clerk and Recorder of Pitkin County, State of Colorado, made by the Design Committee of the Snowmass Homeowners Association as that Committee is referred to in the Master Declaration of Protective Covenants for Snowmass -at -Aspen Residential Areas dated December 30, 1966 and recorded in Book 225 at Page 6 in the Office of the Clerk and Recorder of Pitkin County, State of Colorado and any Supplemental Declarations thereto. 2. The Design Committee by this Amendment specifically rescinds said Declaration and consents to the title owner of Lot 6 and Lot 8, Melton Ranch Unit Two restoring said Lots to their original platted condition, provided the structure now existing on said Lots is removed in its entirety. 3. The Design Committee consents to reinstatement of the interior Lot line, all easements shown on the original Plat thereof, all setbacks as shown on the original Plat thereof, and the building envelope for each lot as shown on the original Plat thereof. 4. The Design Committee agrees that it shall waive the provisions of Sections 6.2 of the Master Declaration for the purposes of this Amendment only and only as it relates to Lot 6 and Lot 8 Melton Ranch Unit Two. 5. The Design Committee warrants and certifies that the persons executing this Amendment are, in fact, members of the Design Committee referred to in the Master Declaration and are authorized to make this Amendment. IN WITNESS WHEREOF, this Amendment is executed the day and year first above written. Signature page follows. Page -1- i1If 465412 jj jjjPage: 1 of 211111 i it I 03/22/2002 01:13P SILVIA DAVIS PITKIN COUNTY CO R 10.00 D 0.00 DESIGN COMMITTEE: STATE OF COLORADO } ss: COUNTY OF PITKIN } The foregoing Amendment was cknowle ged before me this Gday of January, 2002 by - ,, s (, , s 0 e , C2 r L'' (' , _s c / \ , and the members of the Design Committee. WITNESS MY HAND AND OFFICIAL SEAL. J 4•E tzi . ison expires: t NOTARY PUBLIC 465412 Page: 2 of 2I) 03/22/2002 01:13P SILVIA DPVIS pIT.KIN COUNTY CO R 10.00 D 0.00 Page -2- CONSENT AND RATIFICATION OF AMENDMENT TO THE COMMON LOT DECLARATION FOR CERTAIN LOTS IN MELTON RANCH UNIT TWO SNOWMASS - AT - ASPEN RESIDENTIAL AREA PITKIN COUNTY COLORADO This instrument is executed this, i day of January, 2002. 1. This Consent and Ratification made by the Board of Directors of the Snowmass Homeowners Association, specifically refers to the Amendment made, January 10, 2002 and recorded as Reception No. -465 4-1.. in the Office of the Clerk and Recorder of Pitkin County, State of Colorado, by the Design Committee of the Snowmass Homeowners Association as that Committee is referred to in the Master Declaration of Protective Covenants for Snowmass -at -Aspen Residential Areas dated December 30, 1966 and recorded in Book 225 at Page 6 in the Office of the Clerk and Recorder of Pitkin County, State of Colorado and any Supplemental Declarations thereto, that rescinds the Common Lot Declaration dated June 4, 1968 and recorded in Book 234 at Page 875 in the Office of the Clerk and Recorder of Pitkin County, State of Colorado. 2. The Design Committee has made an Amendment that specifically rescinds said Declaration and has consented to the title owner of Lot 6 and Lot 8, Melton Ranch Unit Two restoring said Lots to their original platted condition, provided the structure now existing on said Lots is removed in its entirety. 3. The Design Committee has consented to reinstatement of the interior Lot line, all easements shown on the original Plat thereof, all setbacks as shown on the original Plat thereof, and the building envelope for each lot as shown on the original Plat thereof. 4. The Design Committee agreed that the Snowmass Homeowners Association shall waive the provisions of Sections 6.2 of the Master Declaration for the purposes of the Amendment only, and only as it relates to Lot 6 and Lot 8 Melton Ranch Unit Two. 5. The Design Committee has warranted and certified that the persons executing the Amendment are, in fact, members of the Design Committee referred to in the Master Declaration and were authorized to make the Amendment. 6. The Board of Directors of the Snowmass Homeowners Association does Page -1- I!I 4654 1 3 ff I I Page: 1 of 2 SILVIA DAVIS i y 03/22/2002 01:14PI5PIKINCOUNTCOR10.00 D 0.00 hereby on motion, duly seconded and passed by vote at a regular meeting of the Board, consent to and ratify the above described action of the Design Committee in all respects. IN WITNESS WHEREOF, this Amendment is executed by the President of Association on the day and year first above written. SNOWMASS HOMEOWNERS ASSOCIATION t f B o- Linda Sand s, President STATE OF COLORADO } ss: COUNTY OF PITKIN } 6( The foregoing Consent and Ratification was acknowledged before me this day of January, 2002 by Linda Sandels, President of the Snowmass Homeowners Association. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires NOTARY PUBLIC Page -2- a 11,111 I1 455413 Page: 2 of 2I 1i i ii I 03/22/2002 01:14PI SILVIP DAVIS PITKIN COUNTY CC R 10.00 D 0.00