HomeMy WebLinkAbout20030856.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING AMENDED
USE BY SPECIAL REVIEW PERMIT #713 - MANUEL BALDERAS, DBA M AND B
SALVAGE
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 31st day of March, 2003, a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or not Manual
Balderas, dba M and B Salvage, 2732 Weld County Road 27, Fort Lupton, Colorado 80621-
8312, was in compliance with certain Conditions of Approval and Development Standards
contained in Amended Use by Special Review Permit#713 for a Salvage Yard located in the A
(Agricultural)Zone District, and
WHEREAS, the alleged violations were said to be occurring on property described as
part of the SE1/4, Section 22, Township 2 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 Chapter 2, 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
certain Conditions of Approval and Development Standards, 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
Amended Use by Special Review Permit#713 issued to Manual Balderas, dba M and B
Salvage, should be revoked.
BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing
shall be July 28, 2003, 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 Conditions
of Approval and Development Standards:
A. Development Standard #3, "All waste oil, treatments, anti-freeze, and other
associated liquid and solid wastes shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination."
While it is staffs understanding that newly arriving vehicles are now being
drained, the older vehicles located on the property still contain fluids. Some of
these vehicles are upside down. The vehicles which still contain fluids need to
be drained.
2003-0856
`)� �L /L PL0006
SET SHOW CAUSE - MANUEL BALDERAS, DBA M AND B SALVAGE
PAGE 2
B. Development Standard #10: "The cars and salvage materials shall not exceed 6
feet in height." In some areas, vehicles are currently parked 10 - 12 feet in
height.
C. Development Standard #16. "The property owner or operator shall be
responsible for complying with all of the foregoing Development Standards.
Noncompliance with any of the foregoing Development Standards may be reason
for revocation of the Permit by the Board of County Commissioners." The
applicant is in violation of Development Standards #3 and #10, as listed above.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of March, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL COUNT , COLORADO
ATTEST: gull'/ ' �� ��`�` D id . Long, Chair
C3
Weld County Clerk to t 1 B. a e
c v 5 Robert D. asden, Pro-Tem
BY: g
Deputy Clerk to the Soard' (.
`,r-•y1 f M. J Geile
APPROV S TO FOR •
EXCUSED
Willi m H. Jerk
unty Attorney
-�/�A
Glenn Vaad�
Date of signature: �/'9
2003-0856
PL0006
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