HomeMy WebLinkAbout840301.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING HEARING TO SHOW CAUSE FOR
REVOCATION OF USE BY SPECIAL REVIEW PERMIT #596 FOR A DOG
KENNEL - LEWIS W. AND BARBARA J. CORNELL
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, on July 18 , 1984 , a hearing was held to show cause
for revocation of Use by Special Review Permit No. 596 held by
Zewis W. and Barbara J. Cornell, and
WHEREAS, the Board heard the evidence and testimony presented
by the Weld County Planning staff and the applicant , and
WHEREAS, after review and consideration, the Board deems it
advisable to table this matter and allow the applicant until August
17 , 1984 , to make application for amendments to the Operation
-Standards which are associated with Use by Special Review Permit
No. 596 .
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that this matter be, and
hereby is, tabled at this time.
BE IT FURTHER RESOLVED that the applicant has until August
17, 1984 , to make application to have the Operation Standards
associated with Use by Special Review Permit No. 596 amended.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 18th day of
July, AA..D.. , 1984.
{-
UNTY
ATTEST: "s � 17 awt4.4P,.41/14 t��„/ COUNTY,WELDDOF Y LLORADOSSIONERS
Weld County Clerk and Recorder ( w---
and Clerk to the Bo rd Norman Carlson, Chairman
a
'94-4Deputy County Clerk �—
auel e Jo s•nn, Pro-Tem
71PPRO ED AS TO FORM: E eta,His.„)
gene R. Brer
13-7710-7/1,0 f ABSENT DATE OF SIGNING - AYE
County Attorney Chuck Carlson) ?
J T.
n Martin
J
7 , 840301
JUMPING CERTIFICATION DOCKET NO. 84-42
RE: SHOW CAUSE FOR -REVOCATION OF USE BY SPECIAL REVIEW PERMIT #596 - DOG
KENNEL, LEWIS W. AND_BARBARA J. CORNELL
A public hearing was conducted on July 18, , 1984, at 2:00 P.M. , with
the following present:
Commissioner Norman Carlson, Chairman
Commissioner Jacqueline Johnson, Pro-Tem
Commissioner Gene Brantner
Commissioner Chuck Carlson
Commissioner John Martin
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, Lee D. Morrison
_Planning fl?partment Representative, Michael Mullen
The following business was transacted:
I hereby certify that pursuant to a notice dated June 27, 1984, and duly published
in the La Salle Leader on June 28, 1984, a public hearing was conducted to show
cause for revocation -of Use by Special Review Permit #596 - Dog Kennel, granted
to Lewis W. and Barbara J. Cornell. Assistant County Attorney Lee Morrison
read the Notice into the record. -He also noted a letter which he had written to
to Cornells advising them of the procedure to be followed at this hearing.
Mike Mullen, _Planning Department representative, read the recommendation of the
Planning Department staff that the Use by Special Review permit issued to Lewis
W. and Barbara J. Cornell be revoked for failure to comply with the Operation
Standards. Mr. Mullen also introduced pictures taken July 16, 1984. Mrs.
Cornell was present and introduced pictures of the interiors of the dog facilities
taken July 17, 1984. Commissioner. Johnson stated that she had just returned from
a visit to the site and felt that the staff pictures accurately portrayed the
current situation. Commissioner C. Carlson stated that he had been at the site
two weeks ago. Commissioner C. Carlson stated that great strides have been made,
but raised a question about the soundproofing. Mr. Mullen said that the existing
Operation Standards were planned for the health, safety and welfare of the
neighbors. Considerable discussion was held concerning the existing facilities
not meeting the Operation Standards which had been approved for this dog kennel.
During this discussion Mrs. Cornell presented the members of the Board with
copies of a letter from a neighbor, -a letter from a veterinarian and a list
of the ways she felt she was complying with the Operation Standards. Commissioner
Martin stated he has received complaints about this dog kennel and Mr. Mullen
stated that the Planning Department has received inquiries. (Tape change, #84-63)
Commissioner Martin, stating that he wanted to be lair to the Cornelis, yet
feeling an obligation to the neighbors to uphold the Operation Standards, moved
to allow the Cornelis an additional thirty days to comply with the existing
standards, other than tree planting which could not be done this time of year.
Commissioner Brantner seconded this motion. During the discussion which followed,
Chairman N. Carlson suggested that perhaps the Operation Standards need to be
amended. Commissioner Martin amended his motion to allow the Cornelis thirty
days to submit an application to amend the Operation Standards on the Use by
Special Review. Commissioner Braritner, the seconder of the motion, agreed to
the amendment. The amended motion carried unanimously. Commissioner Johnson
then moved to table the show cause hearing, with failure to file for amendments
to the Use by Special Review as grounds to re-open the hearing. Commissioner
Martin seconded the motion which carried unanimously.
APPROVED:
AnEST: 21 atw.4,2„ws,„ BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
Weld County Clerk and -Recorder , a
and Cle k to the Board Norman C_ lson, Ch ixman
By: 7"7-414-7g-( ,
�.�-„4e� •
puty County C rk el Jo o , Pro-Tem
1 TAPES M84-62 and #84-63 Gene R. Brantner
ABSENT DATE OF SIGNING
DOCKET -#S4-42 Carlson
LHR 129 44 /�0`� "
1. Martin
ATTENDANCE RECORD
DATE: July 18 , 1984
TODAY' S HEARINGS ARE A-S FOLLOWS:
#34-37L, 3 . 2% License , Donald C . Ely dba I-76 Motel & Cafe
#84-42 , Show Cause, Lewis W. & Barbara U. Cornell
#84-43 , USR-T;xpausion of farm implement store , Donald Altergott
#84-44 , USR-Accessory Blda greater than 1 , 500 sq. ft. , Ted & Sheila Baessler
PLEASE write or print legibly your name , address and the DOCKET # (as listed
above) or the applicant ' s name of the hearing you are attending.
NAME ADDRESS//R HEARING ATTENDING
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NOTICE
Pursuant to the Zoning laws of the State of Colorado and the
Weld County Zoning Ordinance, a public hearing will be held
in the Chambers of the Board of County Commissioners of Weld
County, Colorado, Weld County Centennial Center, 915 10th Street,
First Floor, Greeley, Colorado, at the time specified. All
persons in any manner interested in the hearing to show cause
are requested to attend and may be heard.
BE _IT ALSO KNOWN that the text and maps so certified by the
County Planning Commission may be examined in the Office of
the Clerk to the Board of County Commissioners , located in
the Weld County Centennial Center, 915 10th Street, Third Floor,
Greeley, Colorado
DOCKET #84-42 Lewis W. and Barbara J. Cornell
1149 Weld County Road 33 3/4
Brighton, Colorado 80601
DATE: July 18 , 1984
TIME: 2:00 P.M.
SUBJECT: Hearing to SHOW CAUSE for revocation of Use by Special
Review Permit #596 - Dog Kennel
LEGAL DESCRIPTION: Lot 11 , Block 2 , JoAnn Subdivision, being
part of the SEq, Section 26 , Township 1 North,
Range 66 West of the 6th P.M. , Weld County,
Colorado
ISSUES: 1 . Whether or not the Cornells are in violation of
Operation Standards 2.A. 1 . , 2 .A. 3 . , 2 .A. 6 . , 2 .C.
and 2 .D.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: June 27 , 1984
PUBLISHED: June 28 , 1984 , in the LaSalle Leader
�, .` . `„,
t9
Affidavit of Publication
StA- OF CCCLORACO. 1 aa.
County al Weld. f
t t��.r�" ,,,7,--,a5a2. LEGAL NOTICE
at Pursuant to the ton htBrd.of fit state
said County of Weld. being dolt fwem, say that of Colorado and the Weld CounryZon-
1 am publisher of Ins Ordina Ch a putiko hearing will be
heed In the Chambe of the Board of
L -\ r 7 /'/ County o. Weld Ca pr Weld County
.� I Colorado, Weld County Centennial
that the same is a weedy newspaper OI general Center.915 10th Street,Greeley.Col.
orado,at the time specified.All persons
=Palen= and !nit published in the in any manner'nitrated In the Use By
..1.--,4772,
. �I /i � --Special Review are requested to attend
town G/L7/. and may be heard.
in said rowdy and stare: that the notice or ader• BE IT ALSO KNOWN that•
the text and
tisemsal, of raid% the annexed u a attr ropy. maps so certified by the Weld County
has been published m said Weekly newspaper Planning Commission Say be examined
+ In the office of the CId6 to the Board of
for / Consecutive County Commissioners:located in the
weeks, that the bands was Weld County Centennial Center. 915
published to thr 10th Street Third Floor,Greeley,Col.
regular and entire issue el every numbered said orado.
newspaper dunnq the paned and time el pub%. DOCKET Na 84.42
-cation of said mho and in the newepapet
peeper and net in a supplement thence shat the Lewis W.and Barbara J.PPLICAN neT Aire publication el said Imhce was contained in 1149 Weld County Road 33%
the mete of sand Swam:per bw date. the Brighton,Colorado 80601
.i ER
day of A.:„ 19 DATE:July 18.1984
anti the lost •tom , threat, in ily,issue'sr TIME:2:00 P.M.
sad newspaper date, the -44= day-of
// y�� SUBJECT: Hearing to SHOW CAUSE
r ie. l9`.L>: that the said for revocation of Use by,Special Review
' 9 I Permit No.596-Dog Kennel
,, t 1 <6;127 LEGAL DESCRIPTION
published cenlinuawly and uniateriupt• Lot 11.Block 2.JoAnn Subdivision;be-
idly during tfie period of a least fiftytwe con. ing part of the sE�A, Section 26. -
Township 1 North,Range 66 West of the
secnhw wee= next poor to the first issue thereof 6th P.M.,Weld County.Colorado
containing said note or advertisement above ISSUES:1.Whether or not the Cornelis
referred tot and that said newspaper was at the - are in violation ofOperatrn Standards
time al each of the cub&otfcns el said notice.
duly quafifled for that purpose within the mean. BOARD OF COUNTY
Mg of an am, entitled. "An Act Concerning Lagal COMMISSIONERS
Notice, Adwniaemenb and Publications, and - WELD COUNTY,COLORADO
the Fees at Primers and Ptlbashan thereof, and BY:MARY ANN FEUERSTEIN
It Repeal all Acs and pas of Acts in Conflict COUNTY CLERK AND RECORDER
with the Protean,d this Am"approved April 7. AND CLERK TO THE BOARD
itl. and all amendments thereat, and portico. BY:Mary Reif.Deputy
lady es eaeedad by en o-t approved, MenchJC. DATED:June 27,1984
can. -• act approved May -. 1931.
Published in the La Salle Leader
Thursday.June 28,1984_.-__ . __
Subtcribrd end ten to before me this
day of ,r 7 �jA.O. 191Y
Notary Public
-ELIZABETH MASSEY
22019 W.C.RD. 54
. GREELEY, CO 80631
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Larry L. McMillan, D.V.M.
Fort Lupton Veterinary Hospital
1025 First Street
Fort Lupton, Co. 80621
303-857-6860
7/18/84
Weld County Board of Commissioners
To Whom It May Concern:
This is to certify that I have debarked six dogs belonging to Barbara Cornell,
Rt. 1 1149 Rd. 33 3/4, Brighton, Co. 80601. I debarked the following Golden
Retrievers on these dates:
6/25/84 -- Angel and Liza
6/28/84 -- HappY
7/3/84 -- Jack
7/13/84 -- Jelly and Pupcake.
Sii rely,
Larry L. McMillan, b.V.M.
TO the Weld County Commissioners
ROi Cornell Kennel
The kennel building is a soundproof structure; It is complectly lined
with three inch fiberglass insulation.
There is artificial lighting inside the new structure
There is a separate building for storage of dog food.
There are freeze proof faucets inside and outside the new structure
for washing equipment.
There is a six foot ceder fence around the kennel operation.
Barbara Cornell
1149 Rd 33 3/4
Brighton,CO 80601
RECOrmENDSt SOUNDPRooFED BuTLDTtJG (s)
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July 18, 1984
CASE NUMBER: USR-596:83:59
NAME: Lewis W. and Barbara J. Cornell
ADDRESS: 1149 Road 33-3/4, Brighton, Colorado 80601
LEGAL DESCRIPTION: Lot 11, Block 2, JoAnn Subdivision: Part of the
SEA Section 26, TIN, R66W of the 6th P.M. , Weld County,
Colorado
LOCATION: Approximately .75 mile northwest of L.chbuie; north of Weld
County Road 4
The Department of Planning Services staff recommends that the Board of
County Commissioners revoke Use by Special Review Permit #596:83:59,
held by Lewis W. and Barbara J. Cornell, for failure to comply with the
Operation Standards as follows:
I. Operation Standard number ten (10) of USR-596:83:59 states: "The
property owner and/or operator of this operation shall be respon-
sible for complying with all of the above stated Standards. Non-
compliance with any of the above stated Standards may be reason for
revocation of the Permit by the Board of County Commissioners."
II. A field inspection by the Department of Planning Services on July
16, 1984, revealed that the Cornells were not in compliance with
the following Operation Standards.
2. A. All dogs shall be kept inside soundproofed building(s)
from 10:00 p.m. until 6:30 a.m. Dogs may be permitted
outside between the hours of 6:30 a.m. and 10:00 p.m. All
dog housing buildings shall meet the following specifica-
tions and construction shall be completed by June 1,
1984:
1. The wall section of the building(s) shall be a
minimum of five-eights (5/8) inch sound deadening
board with one-half (1/2) inch plywood on each side
of the sound deadening board. The roof shall be a
minimum of one-half (1/2) inch plywood; and
6. The dog housing facilities shall provide a separate
area for washing equipment, sanitizing equipment and
for food storage which would be protected from
contamination.
2. C. A six (6) foot wooden fence shall be constructed to
enclose the dog kennel operation. The north and south
fence line may be slotted to improve ventilation. Con-
struction shall be completed by June 1, 1984.
USR-596:83:59
Lewis W. and Barbara J. Cornell
Page 2
2. D. Evergreen trees shall be planted and maintained -at intervals
of twenty (20) feet around a six-tenth (6/10) acre section
of land which includes the Cornell Improvements. The
trees shall be planted along the south, west, and north
perimeter of this area as indicated on the revised Use by
Special Review map on file in the Department of Planning
Services office. A minimum of forty-eight (48) trees
planted two (2) rows deep shall constitute the required
planting and it shall be completed by April 15, 1984.
The trees shall be a minimum of six (6) feet in height
(fence level) at the time of transplanting.
MSM:rjg
ADDITIONAL COMMENTS
USR-596:83:59
Lewis W. and Barbara J. Cornell
An additional field check by staff on Monday, July 16, 1984, revealed
that the intent of Operation Standard #2.A.3. concerning indoor artificial
lighting had been satisfied. However, four other items have not meet
the intent of the Operation Standards, and they are: 1.) Construction
of a metal building for the dog kennel operation instead of the prescribed
soundproof wooden structure; 2.) No evidence of a separate area in the
new facility for washing equipment, sanitizing equipment and for food
protection; 3.) Construction of a six (6) foot wooden fence which does
not -encircle or fully enclose the kennel operation; and 4.) Planting the
minimum prescribed number of forty-eight (48) evergreen trees, but only
eight (8) trees met -the six (6) foot (fence level) height requirement.
In the time between the June 6, and the July 16, field inspections, some
of the evergreens are showing -signs of stress and some have died. The
requirement for six (6) foot trees was based on the need -for well estab—
lished root systems in order for the trees to survive in -this particular
location.
MSM:rjg
11(1 OFFICE OF COUNTY ATTORNEY
PHONE(303) 356-4004 EXT.4391
P.O. BOX 1948
GREELEY, COLORADO 80632
lURe
COLORADO
July 10 , 1984
Lewis W. and Barbara J. Cornell
1149 Weld County Road 33 3/4
Brighton, CO 80604
RE: Show Cause Hearing for
Revocation of USR #596;
Docket No. 84-42
Dear Cornells:
You have already received copies of the Resolution finding
probable cause to hear your case on July 18, 1984, before the
Board of County Commissioners regarding your Use by Special
Review Permit No. 596 . This letter is to further advise you of
the procedures that will be used at the hearing.
You may be present and present statements and evidence in the
form of documents, pictures, oral testimony, or other relevant
evidence. You may be represented by an attorney if you should so
choose. The burden will fall on the staff of the County to show,
by a preponderance of the evidence, that you have failed to
comply with the development standards of the above-referenced
Special Use Permit, particularly those operation standards listed
in the Resolution of June 20 , 1984 .
The hearing will involve presentation of evidence by the staff
with an opportunity for you to cross-examine the witnesses for
the staff. You will then be allowed to call witnesses, including
yourself, and the staff will have an opportunity to cross-examine
you. The staff may then have an opportunity for "rebuttal
testimony" and the Chairman of the Board will have the option of
allowing both sides to state a summary of their evidence.
Members of the Board may have visited the permit location and
will be allowed to take into account their own personal obser-
vations of your facility. Members of the Board may ask you or
the staff questions during the course of the proceedings.
The role of the representative of the County Attorney' s Office
will be as an advisor to the Board of County Commissioners and
not to act as prosecutor in the case. However, the Chairman will
Lewis W. and Barb _a J. Cornell
Page 2
July 10 , 1984
preside over the hearing and make determinations regarding the
procedures to be followed and the admissibility of evidence.
Strict rules of evidence will not be applied, but the Board will
only consider evidence that is relevant to the issues before it.
Please feel free to contact me with any questions you might have
about the procedures to be followed at the hearing and you are
not represented by an attorney. Likewise, your attorney should
feel free to contact me with similar questions. Thank you for
your attention to this matter.
_-ours t? ly,
/77
Lee D: MM orrison
Assistant County Attorney
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-- -- - -- - RETURN RECEIPT
Notice also mailed (first class) to: --
Fred L. Otis
300 Greeley National Bank Plaza
Greeley, CO 80631
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