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Town Council Resolution 52 2002 - Approval of Subd Ex - SIGNED & REC.pdfTOWN OF SNOWMASS VILLAGE TOWN COUNCIL CLcs M RESOLUTION NO. 52 SERIES OF 2002 00 N 0 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 25, SERIESME, OF 2002, REGARDING THE SUBDIVISION EXEMPTION APPROVAL FOR LOTS 6 AND 8, MELTON RANCH UNIT II. m N WHEREAS, Lots 6 and 8 were originally created by the Melton Ranch Unit II subdivision plat 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 o Recorder ("Clerk and Recorder"); and U WHEREAS, on March 18, 2002, the Town Council adopted Resolution No. Z 17, Series of 2002, which granted subdivision exemption approval 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 CE Q WHEREAS, on May 20, 2002, the Town Council adopted Resolution No. 25, Series of 2002 ("Resolution 25"), which granted subdivision exemption approval to adjust the interior lot line and define new building envelopes for Lots 6 and 8, Melton Ranch Unit ll, as shown on Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, the lot line and building envelope adjustment authorized by Resolution 25 enabled the existing residence, excluding garage, to remain within the new Lot 6 and permitted the construction of a new single family residence within the amended Lot 8; and WHEREAS, Condition No. 2 of Resolution 25 specified that the maximum allowed floor area limit for Lot 6 was to be 3,138.5 square feet and the limit for Lot 8 was to be 3,189.0 square feet; and WHEREAS, it was later determined that the lot sizes provided at that time were incorrect and that the maximum allowed floor area limits specified within Resolution 25 should be amended to state that the floor area limit for Lot 6 should be 3,235.65 square feet and the limit for Lot 8 was to be 3,000 square feet; and WHEREAS, Condition No. 7 of Resolution 25 should also be amended to state that additional floor area may then be purchased pursuant to the Excise Tax provisions; and WHEREAS, the Town Council has reviewed the application and heard the recommendation of the Town Staff; and WHEREAS, the Town Council finds that the adoption of this Resolution is necessary for the immediate protection of the public health, safety and welfare. 4138455 TC Resolution 02-521ilil11i Page: 2 of 5 Page 21111 i1111111 1 111111 09/15/2003 03:20PgSI_VIA DAVIS PITKIN COUNTY CO R 26.00 D 0.00 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: 1. The lot sizes stated for Lots 6 and 8 within Resolution 25 were 20,923 and 19,931 square feet respectively. Due to the lot size error discovered subsequent to the approval of Resolution 25, it has now been determined that the lot size for Lot 6 should be 21,571 square feet and the size for Lot 8 should be 19,844 square feet. 2. The maximum allowed floor area limits for Lots 6 and 8 as approved by Resolution 25 are currently 3,138.5 and 3,189.0 square feet (Total: 6,327.5 sq. ft.) respectively. Due to the lot size error discovered subsequent to the approval of Resolution 25, it has now been determined that the floor area limit for Lot 6 should be 3,235.65 square feet and the limit for Lot 8 should be 3,000 square feet (Total: 6,235.65 sq. ft.). 3. The existing residence is currently 3,417.5 square feet in size and would remain as a legal non -conforming structure following recording of the subdivision exemption plat approved pursuant to this Resolution. Section 16A-3-220 of the Municipal Code states that no building permits should be issued for Lot 6 unless the building modifications requested pursuant to said permit will result in a net reduction in the calculable floor area for the residence or said residence would thereafter conform to the floor area limitation established for the lot. Any additional floor area in excess of the of the maximum floor area limit must be purchased pursuant to the Town Excise Tax provisions. Section Two: Amending Resolution 25. The Town Council hereby amends and restates Resolution No. 25, Series of 2002, as follows: 1. Subdivision Exemption. The Town Council grants subdivision exemption approval and authorizes the preparation and recording of a subdivision exemption plat to adjust the interior lot line and define new building envelopes for Lots 6 and 8, Melton Ranch Unit II, as shown on Exhibit "A". Said approval shall be subject to satisfying the following conditions. 2. Conditions of Approval. The granting of the subdivision exemption approval shall be subject to satisfying the following conditions: a) All originally platted utility, drainage, common driveway or other easements of record shall be shown and re -dedicated on the TC Resolution 02-52 1111 Jill +' jjj'Jjj 411$455 Page 3 I I Page: 3 of 5 09/15/2003 03:20P SI'_VIR DAVIS PITKIN COUNTY CO R 26.00 D 0.00 exemption plat. b) Following the recording of the subdivision exemption plat, the maximum allowed floor area limit for Lot 6 shall be 3,235.65 square feet and the limit for Lot 8 shall be 3,000 square feet. c) Prior to recording of the plat, a demolition permit shall be obtained from the Community Development Department and all existing above grade structures located outside the building envelope proposed for Lot 6 shall be removed. d) No portion of the historic drainage channel or wetlands may be contained within the proposed building envelope for Lot 8 and neither of the proposed envelopes may include areas involving slopes greater than thirty percent (30%). A certified topographic map prepared by a registered land surveyor and wetlands investigation prepared by a qualified natural resource specialist shall be submitted with the final subdivision exemption mylar to the Community Development Department for review and approval by the Planning Director. e) No building permits shall be issued for either Lot 6 or 8 until Condition "c" above has been satisfied and the subdivision exemption plat has been recorded. The current driveway shall be removed and a new access permit shall be reviewed and approved by the Town Public Works Department prior to issuance of a building permit for either lot. f) No future building permits may be issued for Lot 6 unless the building modifications requested pursuant to said permit will result in a net reduction in the calculable floor area for the residence or said residence would thereafter conform to the 3,235.65 square foot floor area limitation established for the lot. g) The Applicant shall purchase any additional square footage under the Town Excise Tax provisions for any floor area amount in excess of the floor area limitation established for Lot 6. At the time any remodel of the existing building is completed the residence will then legally conform to the maximum floor area limit for the lot except by that amount purchased pursuant to the Excise Tax provisions. h) 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. 458455 TC Resolution 02-52 Page: 4 of 5 Page 4 09/15/2003 03:20P SI'_VIR DAVIS PITKIN COUNTY CO R 26.00 D 0.00 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 the conditions contained within this Resolution and requirements of the Municipal Code before the subject plat is placed of record. i) The Mayor is hereby authorized to sign the plat after approval as to technical and substantive completion by the Town Attorney and Planning Director. j) This resolution and the executed mylar shall then be recorded, at Applicant's expense, in the records of the Pitkin County, Colorado Clerk and Recorder. INTRODUCED, READ AND ADOPTED on this 26th day of August, 2002 by the Town Council of the Town of Snowmass Village, Colorado on a motion made by Council member Mercatoris, seconded by Council member Virtue, by a vote of 5 in favor to 0 opposed. TOWN OF SNOWMASS VILLAGE T. Michael Manc ester, Mayor ATTEST: LA , , ( ct-' .-> rudi Worline, Town Clerk APPROVED AS TO FORM: Stephen R. Connor, Town Attorney EXHIBIT 66A,99 _ - TC Resolution No. 52, Series of 2002 Page 1 of 1) W' " N 7E•4On 175.8' W m In m to 1 ry. mQ) O v 0) E z N IL Cj o O I - 9 I • F i' r Y 0 a I®U) I 1 CO c t c W oR1vE) m m s i DR, INAGE Y E HENT TYPICAL DRAINAGE UT II 1T 15E 165 54 3 c 80°Oz, E DRAINAGE DRAINAGE DRAINAGE NCCEsgCONrO NrEMENZ I Ci 0\f