HomeMy WebLinkAbout20080113.tiff RESOLUTION
395
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
AMENDED USE BY SPECIAL REVIEW PERMIT #1193 FOR A JUNKYARD AND
SALVAGE YARD IN THE A(AGRICULTURAL) ZONE DISTRICT - GARY NOVOTNY
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, the Board of County Commissioners held a public hearing on the 23rd day of
January, 2008, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of Gary Novotny, 39592 County Road 18, Roggen, Colorado 80652, for a Site
Specific Development Plan and Amended Use by Special Review Permit#1193 for a junkyard and
salvage yard in the A(Agricultural)Zone District on the following described real estate, being more
particularly described as follows:
NW1/4 NE1/4 of Section 27, Township 2 North,
Range 62 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
May 21, 2008, at 10:00 a.m., to allow adequate time for the applicant to clear the site, pursuant to
the terms of a Sales Agreement for the property, and
WHEREAS, on May 21, 2008, said applicant was represented by Annette Peters, 305 2nd
Street, Roggen, Colorado 80652, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Amended Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
p of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having
dbeen fully informed, finds that this request shall be denied for the following reasons:
a"Y 1. It is the opinion of the Board of County Commissioners that the applicant has not
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
MU C
a. Section 23-2-230.B.2 -- The proposed use is not consistent with the intent
is of the A(Agricultural)Zone District. Section 23-3-40.G of the Weld County
Code provides for a commercial junkyard or salvage yard as a Use by
Wai
y Special Review in the A (Agricultural) Zone District. The applicant was
laro brought before the Board of County Commissioners on July 11, 2007, at a
probable cause hearing, due to the expansion of the facility. As a result of
o c the denial of this application, the applicant is required to limit all junk and
�o salvage items and activities to the five (5) acres previously approved
ti o through Use by Special Review Permit#1193.
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AMENDED SPECIAL REVIEW PERMIT#1193 - GARY NOVOTNY
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Gary Novotny for a Site Specific Development Plan and
Amended Use by Special Review Permit #1193 for a junkyard and salvage yard in the
A (Agricultural) Zone District on the parcel of land described above be, and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of May, A.D., 2008.
OF COUNTY COMMISSIONERS
cBOARD
WELD COUNTY, COLORADO
ATTEST: % `
H. Jerke, Chair
Weld County Clerk to t Robert D. Masden, Pro-Tern
BY:
Deputy Cler to the Board RECUSED
Willis Garcia
APPRO D A : (AA c)(
David E. Long
ount Attorney av,A ck,
DougllaRademac er
Date of signature: 4/4, '12
111111 Ill 11111111111111111 III! 111111 III 11111 IIII ill
3568395 07/25/2008 11:51A Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2008-0113
PL1267
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