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Y` Ei '' Bd. of County Commissioners
-:'!,!co . to_CIerk to the Board _ tau D r roher_a_Y_. g.8'____
COLORADO From Lee D . Morrison Assistant County Atto.iar.y ___ _ .__.
Subject: _ Use by Spec L_Rc1iaa� Greytwund__Krr._el..�_._-___ _
Melvin Johnson and Charlotte Watkins
On October 3 , 1984 , the application of Johnson and Watkins for a
Use by Special Review was denied by an action of the Board of
County Commissioners with only three members Precept. Prior to
the commencement of the hearing, the applicants were advised that
they could request continuance in order that a full board be
present to hear the matter and they waived the right for a
continuance.
A rehearing on a land use matter is only available in the
circumstances enumerated in the policy enacted on July 1 , 1982 ,
which is attached to this memo. Should the parties request a
rehearing they should be advised that the request should be made,
in writing, to the Clerk to the Board of County Commissioners in
accordance with the appeals process on page 10 of the
Administrative Manual . The Board would then hear the matter to
determine if a rehearing is justified and if one is found to be
justified, reset the matter, allowing for time for public notice ,
for the rehearing. A rehearing is not justified simply en the
basis that not all five commissioners were there . The applicants
should he advised to consult with their own attorney regarding any
other remedies they might have available. Neither you nor my
office is in a position to give legal advice to the n applicant .
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, .
Lee D. orrison •
Assistant County Attorney
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840444
POLICIES E I C I E S AND ROCEDURES
C E D U R E S
Section General Administration
'rYy 3 , Subject ' Rehearings on Land Use Matters
COLORADO Date 6/1/82 _ Pale_ 8
REHEARINGS ON LAND USE MATTERS
I. Once a land use matter has been brought before the Board of County
Commissioners and a decision rendered, reconsideration of the Board's
action should be considered only when one or more of the following two
conditions exist:
A. A substantial change in the facts or circumstances subsequent to
the first hearing.
B. Newly discovered evidence not available to the applicant at the
time of the first hearing.
POLICIES AND ROCEDURES
1) t Section General Administration
Subject' Planning Matters With Less Than Full Board Present
sk4L AD
COLORADO Data 6/1/82 _ Page 9
PLANNING MATTERS WITH LESS THAN FULL BOARD PRESENT
When less than a full Board is present to hear a planning matter, the
applicant is to be advised that they may table the matter until a full
Board is present.
In the event a planning matter is heard with only four members and the vote
is a 2-2 tie, the matter is automatically tabled. The absent member will
listen to the tapes of the proceedings. After the absent member has
listened to the tapes, the matter will be reconsidered for the absent
member's tie—breaking vote.
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POLICIES AND P 1 CEDURES
iir
.il i 1st, Section General Administration _
�'lf' o l Subject Appeals Process _
Be Date 6/1/82 page 10
COLORADO
APPEALS PROCESS
1. The Board of County Commissioners shall act as a board of appeals to
hear complaints on actions taken by county boards, commissions and
departments. Procedure for appeals shall be as set forth in this
code, or by resolution of the Board, except as otherwise provided by
law.
A. Any person appealing an action by a county board, commission or
department to the Board of County Commissioners shall file such a
complaint, in writing, with the Clerk to the Board of County
Commissioners within sixty (60) days of the incident in question.
B. Such complaint shall include:
1. The name of the employee, board, commission cr department Y
against which the complaint is made.
2. A description of the basic facts i. .volved in the complaint.
C. The Clerk to the Board shall schedule a hearing with the Board of
County Commissioners, to be held within fifteen (15) days of the
filing of the complaint, and shall notify all parties involved in
the incident.
D. The Board shall hear all the available facts pertinent to the
incident, may schedule a second hearing within thirty (30) days
following the initial hearing if the Board determines such a
need, and shall render a determination within thirty (30) days of
• the final hearing:
E. No person shall be denied the right to appeal, provided they
comply with the administrative procedures established by the
Board.
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