HomeMy WebLinkAbout840296.tiff RESOLUTION
RE: APPROVE -REQUEST OF LEWIS AND BARBARA CORNELL TO REFER THEIR
USE BY SPECIAL REVIEW APPLICATION, FORADOG DOG KENNEL, BACK TO
THE WELD COUNTY PLANNING COMMISSION
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 December 20 , 1983 , the Weld County Planning Com-
mission unanimously voted to submit an unfavorable recommendation,
concerning an application for a Use by Special -Review for a dog
kennel requested by Lewis and Barbara Cornell, 111]9 Weld County
Road 33 3/4 , Brighton, Colorado 80601 , to the Board of County
Commissioners , and
WHEREAS , the Board of County Commissioners held a public
hearing on the 15th day of February, 1984 , at the hour of 2 : 00
o'clock p.m. to consider said request for a Use by Special Re-
view, and
WHEREAS, -at said hearing the applicants , through their
attorney, Fred L. Otis, did re-quest that the Board refer the
application for a Use by Special Review back to the Wela County
Planning Commission in order to allow said Commission the oppor-
tunity to review new evidence which the applicants wish to sub-
mit, and
WHEREAS , after consideration, the Board deems it advisable
to refer this matterback to the Weld County Planning Commission
to be heard on March 6 , 1984 , and then to be heard by this Board
on March 7 , 1'384 .
NOW, 'THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the request to refer
this application for a Use by Special Review, for a dog kennel,
back to the Weld County Planning Commission to be reconsidered
on March b , 1984 , be, and hereby is , approved.
8402-96
Page 2
RE: -REFER _US-R BACK TO -PLANNING COMMISSION - CORNELL
BEST FURTHER RESOLVED by the Board that this matter shall
be heard again by the Board of County Commissioners on March 7 ,
1984 , at 2: 00 o 'clock _p.m.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 15th day of
February, A.D. , 1984 .
`°-t`. BOARD OF COUNTY COMMISSIONERS
ATTEST: + y - WELD COUNTY, COLORADO
Weld County Clerk and Recorder
(AYE)
and Clerk to the Board Norman Carlson, Chairman
)317:)317:� /--deputy� ��, � i� �t�� - (AYE)
Co unty Clerk J:cqu ine Joh son, Pro-Tem
APPROVED AS TO FORM: tollL� (AYE)
kte(
ene R. Brantner
� � �
County Attorney C uck Carlson
�
ca2.eri (AYE)
hn T. Martin
022284
HEARING CERTIFICATION DOCKET NO. 84-3
RE: USE BY SPECIAL REVIEW, DOG KENNEL, LEWIS AND BARBARA CORNELL
A public hearing was conducted on February 15 , 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, Tommie Antuna
Assistant County Attorney, Lee D. Morrison
Planning Department Representative, Michael Mullen
The following business was transacted:
I hereby certify that pursuant to a notice dated January 9, 1984, and duly
published in the La Salle Leader on January 19, 1984, a public hearing was
held for the purpose of considering the application of Lewis and Barbara Cornell
for a Use by Special Review for a dog kennel. This hearing was continued from
February 1, 1984, because the sign had not been posted the required ten days.
Lee Morrison, Assistant County Attorney, read the request into the record.
Mike Mullen, Planning Department representative, read the unfavorable recom-
mendation of the Planning Commission into the record. He also read the reasons
for such recommendation into the record. Mr. Morrison said he would like to
make the letter received by the Board from Mr. Fred Otis, Attorney representing
the applicants, of record. The letter from Mr. Otis is to request that this
matter be referred back to the Planning Commission for another hearing on the
basis of new evidence to be presented. Mr. Otis was not present at this time.
Barbara Cornell, the applicant, came forward to answer questions of the Board.
Mr. Morrison advised the Board that he had called Mr. -Otis' office and had
been informed that Mr. Otis had been delayed, but he would be here shortly.
The Chairman called a recess. When the hearing was reconvened, Mr. Otis came
forward to explain why he felt this should be sent back to the Planning Com-
mission for their reconsideration. Mr. Mullen said additional letters had
been received by his department concerning this request. Mr. Morrison said
he felt these letters should not be submitted to the Board until a decision
had been made as to whether this matter is to be sent back to the Planning
Commission or heard before the Board today. Ron Stow, Health Department
representative, came forward and commented on State kennel regulations and
explained about the standards which the County uses. Mr. Morrison advised
the Board that a decision should be made as to whether this matter should be
acted on today or the request to refer it the Planning Commission should be
approved. After discussion, Commissioner C. Carlson moved to refer this
matter back to the Planning Commission to be heard March 6 and to be heard
by the Board on March 7, 1984. Commissioner Martin seconded the motion.
Commissioner Brantner made comments to the people attending this hearing
explaining why he felt this was the best action to take. The Chairman asked
if anyone in the audience would prefer to present their testimony today.
They answered in the negative, saying they would rather appear on the 6th
and 7th of March. The notion carried unanimously.
APPROVED:
' BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder ! C
and Clerk to the Board „ Norman Carlson, Chairman
BY: m (t-=�f� L11T N-
Deputy County Clerk J 'ne Jo s.n, Pro-Tem
,u
-R. Brantner
TAPE #84-10 & 84-11 ' (�
DOCKET NO. 84-3 duck Carlson
LHR129 g T. )44,74,4,21::J T. Martin
022284
ATTENDANCE RECORD
DATE: February 15 , 1984
TODAY' S HEARINGS ARE AS FOLLOWS:
Docket #84-2 , CHANGE OF ZONE, A to I-3, Jesse L. Yarbrouah,
Docket #84-3, USR, Dog Kennel, Lewis & Barbara Cornell
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 HEARING ATTENDING
& ,b 'A v�Y , f Vi e; c c A u & Li/ %4 <g% /a/ olet iiiv c-F i/5"I 11,r 9_-3
PAT i ri > 7 PA, Ili (iTnv c8 x 4Y` a
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SHADE, DOYLE, KLEIN, OTIS, SHAHA&FREY •
ATTORNEYS AT LAW
SUITE 300
GREELEY NATIONAL BANK PLAZA
RICHARD N.DOYLE GREELEY,COLORADO 80631 GREELEY TELEPHONE
HENRY C.FREY
ROGER A.KLEIN (303)353-6700
FRED L.OTIS DENVER METRO TELEPHONE
WILLIAM E.SHADE
BRYAN D.SHAHA 1' (303)659-7576
STEPHEN A.REED WEI0 COUNTY COMM!SSfOurRS
February 3, 1984 !3:! f B 0 7 19834
�I
p.
Weld County Commissioners
Centennial Center
915 10th Street
Greeley, CO 80631
Re: Use by Special Review No. 596:83:59/Cornell Dog Kennel
Dear Commissioners:
Please be advised that I have been retained to represent the in—
terests of Barbara Cornell with regard to her request for a Use by
Special Review No. 596:83:59. It is my understanding that the
Weld County Planning Commission voted to recommend denial of the
permit.
My client is requesting that you refer this case back to the Weld
County Planning Commission for a new and/or supplemental hearing.
The reasons for a new hearing are as follows:
1. Primarily, we believe that the rejection of the Use by Special
Review by the Planning Commission was premised on incorrect infor-
mation from the Weld County Health Department and Humane Society.
The Health Department inspected the facility a3 a licensed kennel,
which it is not. The facility may be a "kennel" for purposes of
the Weld County zoning regulations, but it is not a "kennel" for
purposes of state law. Further, all references in the packet to
the proposed kennel and animal shelter regulations do not apply
because they are adopted pursuant to Colora-do Revised Statutes,
1973, 24-4-1101, et seq. , from which this property is also exempt
because fewer than 20 dogs are sold by the owner per year.
2. Certain new evidence needs to be presented concerning the
compatibilty with the existing surrounding land and the compat-
ibility with the Weld County Comprehensive Plan.
3. The inspections that were made of the subject property by the
Health Department and Colorado Humane Society were made during
it /2�
�� �..(R/. , -
Weld County Commissioners
February 3, 1984
Page 2
a time when the weather conditions were extremely unusual.
For the above reasons, we would ask that you refer this matter
back to the Planning Commission for a new hearing.
Sincerely,
(��<C-
Fred L. Otis
Attorney at Law
FLO:rah
cc: Ms. Barbara Cornell
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