HomeMy WebLinkAbout20051557.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY
SPECIAL REVIEW PERMIT#494 -WARREN AND GEARLENE CAPEHART
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 the 23rd day of May,2005,a Probable Cause Hearing was held before the
Board to consider setting a Show Cause Hearing to determine whether or not the current property
owners, Nancy Kallsen, 1707 58th Avenue, Greeley, Colorado 80634-2904, and Michael Sagel,
31499 Weld County Road 53,Greeley,Colorado 80631,are in compliance with Section 23-2-200.E
of the Weld County Code, and
WHEREAS,the alleged violations were said to be occurring on property described as part
of the SW1/4 NE1/4 of Section 29,Township 6 North, Range 64 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 Chapter2,Administration,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 Section 23-2-200.E
of the Weld County Code, 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#494 issued to Warren and Gearlene Capehart,and currently held by Nancy
Kay Callsen and Michael Sagel, should be revoked.
BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall
be June 15, 2005, 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:
1) Section 23-2-200.E states,"If the Use by Special Review has not commenced within
three(3)years from the date of approval,or is discontinued for a period of three(3)
consecutive years, it shall be presumed inactive. The County shall initiate an
administrative hearing to consider whether to grant an extension of time to
commence the use or revoke the Use by Special Review. If the use by Special
Review is revoked,it shall be necessary to follow the procedures and requirements
of Section 23-2-200 in order to reestablish any Use by Special Review."
2005-1557
PL0498
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SET SHOW CAUSE - WARREN AND GEARLENE CAPEHART (USR#494)
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 23rd day of May, A.D., 2005.
doser� BOARD OF COUNTY COMMISSIONERS
Imo+„ I l_ 4% /n , WELD COUNTY, COLORADO
E
e' '�7 William H. J , Chair
IS 4.d d Miff Clerk to the Board a
r. ;`�i
N / ufl ✓ M. ile, ro- em
Deputy Clerk to the Board
D id E. Long
A D AS
Robert D. Masden
ounty Attorney
Glenn Vaad
Date of signature: 57O_45---
2005-1557
PL0498
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