HomeMy WebLinkAbout20102893.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY
SPECIAL REVIEW PERMIT#1250 - DONALD AND MARGARET IARUSSI
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a hearing before the Board was held on the 8th day of November, 2010, at
which time the Board deemed it advisable to continue said matter to December 8, 2010, in order to
allow Donald and Margaret larussi adequate time to apply for the two(2)necessary building permits.
WHEREAS,on the 8th day of December, 2010, a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or not Donald and
Margaret larussi, 5052 NE County Line Road, Erie, Colorado 80516, are in compliance with certain
Conditions of Approval and Development Standards contained in Use by Special Review
Permit#1250 for a Home Business(storage of cabinets and equipment)in the A (Agricultural)Zone
District, and
WHEREAS, the alleged violations were said to be occurring on property described as Lot A
of Recorded Exemption#1500; being part of the SW 1/4 of Section 6, Township 1 North, Range 68
West of the 6th P.M., Weld County, Colorado, and
WHEREAS, after hearing testimony from the Department of Planning Services, the Board
finds that pursuant to the procedure as set forth in Chapter 2 Administration, of the Weld County
Code, there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or
not said Use by Special Review Permit should be revoked for failure to comply with certain
Conditions of Approval and Development Standards, and
WHEREAS,the Board shall hear evidence and testimony from all interested parties at said
Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by
Special Review Permit#1250 held by Donald and Margaret larussi, should be revoked.
BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall
be January 5, 2011, at or about 10:00 a.m., in the First Floor Hearing Room of the Weld County
Centennial Center, 915 10th Street, Greeley, Colorado.
BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show
Cause Hearing is whether or not the permit holder is in compliance with the following Development
Standards:
3. The facility will consist of a large steel structure and principal dwelling. All
appropriate building and zoning permits must be obtained prior to
construction. The property is located within the One-Hundred (100) Year
Floodplain, as indicated on Firm panel map#080266-0960D.
CG . 'APP' ) t I-1 C, CA
2010-2893
ID `)1- io PL1377
15. The existing, and any proposed, structures shall meet all building and fire
codes.
21. The Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County
regulations. Substantial changes from the plans or Development Standards
as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be
filed in the office of the Department of Planning Services.
22. The property owner or operator shall be responsible for complying with all of
the foregoing Development Standards. Noncompliance with any of the
foregoing Development Standards may be reason for revocation of the
Permit by the Board of County Commissioners.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of December, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO DO
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Weld County Clerk to the Board" O -
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'' `sl Barbara Kirkmeyer, PrBYV � (^��,� ( t� �Ill
Dep,ft Clerk the Board ��
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APPROVED AS TofORM: !1f fd/�/,///,
WiU• m F. Garcia
-County Attorney C� r e,,� (P
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David E. Long'
Date of signature: )i ))(le
2010-2893
PL1377
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