HomeMy WebLinkAbout20032920.tiff •
District Court, Weld County, Colorado
Court Address:
901 9th Avenue
Greeley, Colorado 80631
Plaintiff(s):
FOX TELEVISION STATIONS, INC., a Delaware
corporation
v.
Defendant(s):
BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY; WELD COUNTY; DAVID E. LONG,
ROBERT D. MASDEN, M. J. GEILE, WILLIAM H. COURT USE ONLY
JERKE, and GLENN VAAD, in their official capacities
as Weld County commissioners; REGENT
BROADCASTING OF FORT COLLINS, INC., a
Delaware corporation
Attorney or Party Without Attorney (Name and Address) Case Number:
Mark G. Grueskin
Blain D. Myhre
ISAACSON, ROSENBAUM, WOODS & LEVY, P.C.
633 17th Street, Suite 2200
Denver, Colorado 80202
Phone Number: (303) 292-5656 Div.: Ctrm.:
FAX Number: (303) 292-3152
E-mail: mgrueskin@irwl.com
bmyhre@irwl.com
Atty. Reg. ##: 14621; 23329
SUMMONS
The People of the State of Colorado
To the Defendant(s) named above:
You are summoned and required to file with the clerk of this court an answer or other response to
the attached complaint within twenty (20) days after this summons is served on you in the State
of Colorado, or within thirty (30) days after this summons is served on you outside the State of
Colorado.
If you fail to file your answer or other response to the complaint in writing within the applicable
time period,judgment by default may be entered against you by the court for the relief demanded
in the complaint, without any further notice to you.
No.195CA.Rev.12-01.SUMMONS IN CIVIL ACTION (Page 1 of 2)
%G'" c2d -o ( ; r4, ,r/i 2003-2920
The following documents are also served with this summons: C.R.C.P. 106 Complaint and
Exhibits A, B, and C; Motion to Require Certification of Record; and proposed Order Re Motion
to Require Certification of Record.
Date: ( /OS Signature of Attorney or Plaintiff or Clerk/Deputy Clerk of Court
This summons is issued pursuant to Rule 4, CRCP, as amended.
A copy of the complaint must be served with this summons.
RETURN OF SERVICE
State of County of
I declare under oath that I served this summons and a copy of this complaint in this case
on in County
on (date)at (time) at the following location:
n by handing it to a person identified to me as the defendant.
n by leaving it with the defendant who refused service.
n by leaving it with designate to receive
service for the defendant.
n 1 am over the age of 18 years and am not interested in nor a party to this case.
n I attempted to serve the defendant on occasions but have
not been able to locate the defendant.
Return to the plaintiff is made on (date).
Subscribed and sworn to before me this day of , 20
in County of , State of
Notary Public/Address Signature Date
My commission expires as
n Private process server
n Sheriff, County
Service $
Mileage $
No.195CA.Rev.12-01.SUMMONS IN CIVIL ACTION (Page 2 of 2)
DISTRICT COURT, COUNTY OF WELD
Court Address:
901 9TH Avenue
Greeley, Colorado 80631
A COURT USE ONLY
Plaintiff: FOX TELEVISION STATIONS, INC., a Case Number:
Delaware corporation
Division:
Defendants:
BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY; WELD COUNTY; DAVID E. LONG,
ROBERT D. MASDEN, M. J. GEILE; WILLIAM H.
JERKE, and GLENN VAAD, in their official capacities
as Weld County commissioners; REGENT
BROADCASTING OF FORT COLLINS, INC., a
Delaware corporation
Mark G. Grueskin, #14621
Blain D. Myhre, #23329
ISAACSON, ROSENBAUM, WOODS & LEVY, P.C.
633 17th Street, Suite 2200
Denver, Colorado 80202
Phone Number: (303) 292-5656
FAX Number: (303) 292-3152
E-mail: mgrueskin@irwl.com; bmyhre@irwl.com
ATTORNEYS FOR PLAINTIFF
C.R.C.P. 106 COMPLAINT
Plaintiff, by its undersigned attorneys, for its complaint against Defendants states as follows:
1. Plaintiff Fox Television Station, Inc. ("Fox") owns and operates a television tower
located in unincorporated Weld County, Colorado (the "Fox Tower"). The Fox Tower is over 700
feet tall and is used for transmission of signals for television station KFCT.
2 Nominal Defendant Regent Broadcasting of Ft. Collins, Inc. ("Regent"), is a Delaware
corporation, that owns and operates a television tower 605 feet in height(the "Old Tower"). The Old
Tower is approximately 150 feet east of the Fox Tower, and is used to transmit signals for two FM
radio stations, KUNC and KUAD.
3. The remaining defendants are Weld County, the Board of County Commissioners of
Weld County ("Board"), and the Weld County Commissioners, David E. Long, Robert D. Masden,
M.J. Geile, William H. Jerke and Glenn Vaad, in their official capacities.
4. In an August 13, 2003 letter to the Weld County Department of Planning Services
from Regent's counsel, Regent requested approval of a building permit for a new 750-foot tower and
transmitter building("Proposed Tower")to replace the Old Tower. See Exhibit A(August 13, 2003
letter). The Proposed Tower would be within 150 feet of the Fox Tower.
5. Regent's request to the planning department sought issuance of a building permit for
the Proposed Tower before approval by the county commissioners of a Use by Special Review and a
Subdivision Exemption. See Exhibit A. Regent claimed it needed a building permit to complete
construction of the Proposed Tower before 3:00 a.m. Mountain Standard Time on November 22, '
2003, at which time its FCC construction permit expires. According to Regent, it will tear down the
Old Tower after the Proposed Tower is built and if the county approves Regent's Use by Special
Review and Subdivision Exemption for the Proposed Tower. If the county does not approve
Regent's Use by Special Review or Subdivision Exemption for the Proposed Tower, Regent states
that it will tear down the Proposed Tower. See id.
6. According to the agenda and minutes of the Board, the Board considered Regent's
request for a building permit at the Board's September 3, 2003 meeting. The Board approved a
resolution authorizing "the early release and issuance of a building permit" for the Proposed Tower.
That resolution was dated September 3, 2003, but was signed September 9, 2003. See Exhibit B.
7. The construction-of the Proposed Tower raises serious concerns for the safety and
security of the Fox Tower. Because of the proximity of the Proposed Tower to the Fox Tower, the
commencement of excavation, erection of the Proposed Tower and construction of the facilities will
threaten the physical safety, of the Fox Tower and its existing guy wires. The Fox Tower will be
within the "fall zone" of the Proposed Tower. In the event of a collapse, the Proposed Tower may
fall into and destroy or seriously damage the Fox Tower and its facilities. Even if the Proposed
Tower did not fall directly into the Fox Tower, a collapse would sever the guy wires for the Proposed
Tower, and those severed guy wires would likely damage or destroy the Fox Tower facilities.
8. The Proposed Tower will hold two FM radio stations broadcasting at 100 Kilowatts
each. On information and belief, those stations would create excessive RF (radiofrequency) levels
that would prevent Fox from working on its tower-mounted equipment unless the FM stations agreed
to significantly reduce their power levels. (Excessive RF levels create a potential health hazard.
Though there is presently no federally-mandated maximum exposure level, the American National
Standards Institute, the Institute of Electrical and Electronics Engineers, Inc., and the National
2
Council on Radiation Protection and Measurements have issued recommendations for human
exposure to RF electromagnetic fields.) Regent did not approach Fox to determine if any alternatives
existed to mitigate the excessive RF levels that would be created by the Proposed Tower and its
transmitting facilities.
9. Because the Fox Tower and the Proposed Tower would be nearly the same height,the
antenna transmission patterns of both may be affected and may require analysis by a professional RF
consulting firm.
10. The approval of the building permit will allow construction, and possible completion,
of the Proposed Tower before the necessary zoning and planning review process is completed. The
construction of the Proposed Tower places the safety and security of the Fox Tower and facilities at
immediate risk, regardless of the outcome of the subsequent zoning and planning review process.
11. The Board's decision to approve the building permit before zoning and subdivision
review and approval is contrary to law, exceeds the jurisdiction and authority of the Board and
constitutes an abuse of discretion.
12. C.R.C.P. 106(a)(4) permits a party to seek relief in the district court "[w]here any
governmental body or officer or any lower judicial body exercising its judicial or quasi-judicial
functions has exceeded its jurisdiction or abused its discretion, and there is no plain, speedy and
adequate remedy otherwise provided by law." Here, Fox has no plain, speedy and adequate remedy
to challenge the decision of the Board. Thus, under Rule 106, Fox may seek review of the Board's
approval of the building permit. The Board's resolution approving the building permit was signed on
September 9, 2003. Therefore, this complaint is timely under C.R.C.P. 106(6).
FIRST CLAIM FOR RELIEF
Violation of C.R.S. § 30-28-114
• (C.R.C.P. 106(a)(4))
13. Plaintiff incorporates the allegations set forth in paragraphs 1-12 above.
14. C.R.S. § 30-28-114 authorizes the board of county commissioners to "provide for the
enforcement of the zoning regulations by means of the withholding of building permits, and, for such
purpose, may establish and fill a position of county building inspector . . . ." Section 30-28-114
provides that once the position of building inspector is created and filled, "it shall be unlawful to erect,
construct, reconstruct, alter, or change the use of any building or other structure within the
unincorporated territory covered by such zoning regulations without obtaining a building permit from
such county building inspector. Such building inspector shall not issue any permit unless the plans
.for the proposed erection, construction, reconstruction, alteration, or use fully conform to all zoning
regulations then in effect" (Emphasis added.) See also Board of County Commissioners of La Plata
('ounty v. Moga, 947 P.2d 1385, 1389(Colo. 1997)("The building inspector may not issue a building
3
permit unless the plans for the proposed building fully conform to all zoning regulations then in
effect.")
15. The Board resolution approving Regent's building permit noted that "the Board is
satisfied that the applicant has provided adequate proof and justification for the early release and
issuance of a building permit for the new tower before it can be considered by the County under a
new Use by Special Review application." Exhibit B (emphasis added.) By issuing the building permit
before considering a Use by Special Review application, the Board approved a building permit
without making the determination that the plans conformed fully to all zoning regulations then in
effect. At the time it approved the building permit, the Board did not and could not have known
whether Regent's Proposed Tower complied with all zoning regulations because the Use by Special
Review process had not been undertaken. The Board's decision therefore directly violated C.R.S. §
30-28-114, by allowing a building permit to issue without first confirming compliance with all zoning
regulations.
16. In addition, C.R.S. § 30-28-114 requires that the building permits be issued by the
building inspector, not the Board. The statute expressly forbids the building inspector to issue
permits unless the plans conform fully to all zoning regulation. Here, the building inspector made no
such determination. The issuance of a building permit thus was unlawful, and therefore exceeded the
Board's jurisdiction and constituted an abuse of discretion.
SECOND CLAIM FOR RELIEF
Violation of Weld County Building Permit and Zoning Requirements
(C.R.C.P. 106(a)(4))
17. Plaintiff incorporates the allegations set forth in paragraphs 1-16 above.
18. Weld County Code ("WCC") § 29-3-10 provides that "No building or structure
regulated by this Building code shall be erected [or] constructed . . . unless a separate building permit
for each building or structure has been first obtained from the Building Inspection Department."
Exhibit C.
19. WCC § 29-3-110 sets forth the requirements for a building permit application in Weld
County Those requirements include, among others: (1)written proof of ownership in the form of a
warranty deed; (2)the valuation of any new building or structure; (3)a minimum of two sets of plans
as required by WCC §§ 29-3-130 through 29-3-150. See Exhibit C. Upon information and belief,
Regent's "application" consisted only of its August 13, 2003 letter and attachments, and did not
comply fully with the permit application process of WCC § 29-3-110.
20. WCC § 29-3-160 provides that "Prior to the release of a building permit . . . , the
Department of Planning Services will review the application for the permit and all pertinent submittals
to check compliance with Chapters 23 and 24 of this Code [Zoning and Subdivisions, respectively]
4
k
and any other applicable rules and regulations. Upon approval from the Department of Planning
Services, the permit application shall be given to the Building Official for review and issuance."
Exhibit C (emphasis added.) Upon information and belief, the Department of Planning Services did
not review the application to check compliance with Zoning and Subdivision requirements before the
Board issued the permit.
2 1. By issuing the building permit for the Proposed Tower without requiring compliance
with the building and zoning requirements of the Weld County Code, the Board exceeded its
jurisdiction and abused its discretion.
WHEREFORE, the decision of the Board to approve the building permit without first
requiring compliance with building permit and zoning requirements violated Colorado and Weld
County law. The Board therefore abused its discretion and exceeded its jurisdiction. This Court
should reverse the decision of the Board approving the building permit and declare the building permit
invalid.
Respectfully submitted this day of October, 2003.
ISAACSON, ROSENBAUM, WOODS & LEVY, P.C.
£esn
Blain D. Myhre
633 17th Street, #2200
Denver, Colorado 80202
Attorneys For Plaintiff
Plaintiffs Address:
c/o KDVR
100E Speer Blvd.
Denver, Colorado 80203
This document was filed via the Justice Link e-file system. The originally signed copy is on file at the
offices of Isaacson, Rosenbaum, Woods& Levy, P.C.
5
EXHIBIT A
LIND, LAWRENCE & OTTENHOFF LLP AUG 1 3
ATTORNEYS AT LAW
Ti-E LAW BUI EN RECEIVED
101' ELEVENTH AVENUE
°.O. BOX 326
GREEL'EY COLORADO 80632
WEB PAGE LLOLAW.COM -
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LINO
KIM R.LAWRENCE (970)353.2323
(970)350.9190•
P.ANDREW JONES TELECOPIER
RICHARD T.LIPUMA (970)356-111'
KELLY J.CUSTER kan(c�i Iloiaw.00m
August 13, 2003
Weld County Department of Planning Services
1555 North 17`" Avenue
Greeley, CO 80631
Attention: Monica Daniels-Mica, Director
Re: Communications Tower Building Permit(s)
Dear Ms. Daniels-Mica:
The purpose of this letter is to provide factual information to you so that our client,
Regent Broadcasting of Fort Collins, Inc. ("Regent") can submit an application for building
permit(s) and have the same issued prior to the approval by the Board of County
Commissioners of Weld County, Colorado of a Use by Special Review, ("USR") and
Subdivision Exemption ("SE").
We believe this request is appropriate due to several unique factors and
circumstances which are detailed in this letter. Additionally, we believe that conditions can
be imposed such that they are totally non-prejudicial to Weld County and will specifically
allow and provide for the removal and dismantling of the proposed new tower in the event
the combined USR and SE is not approved..
First, we would like to outline the reasons for this pre-approval request as follows:
1. Existing Towers and Uses. The site is generally described as being in the
Southeast One Quarter(SE%) of Section Nineteen (19), Township Eight (8)
North, Range Sixty-six (66) West Located upon this quarter section, and
specifically within 54.7 acres of land,are two existing communication towers.
One is a 735 foot tower and transmitter building owned and operated by
Denver Television, Inc. commonly known as the KDVR tower (this tower is
not the subject of this building permit(s) request nor the pending USR/SE
application). The second tower is an existing 605 foot tower and transmitting
F:U(FLIREGENT COMMUNICATIONS\PLANNING LTR.wpd
EXHIBIT
•
Weld County Department of Planning Services
August 13, 2003
Page 2
building now owned by Regent and which is the subject of this building
permit(s) application and USR/SE application, and commonly referred to as
the KUAD tower. The KUAD tower and building are located upon a sixteen
acre parcel within the 54.7 acre parcel and was approved pursuant to
Conditional Use Permit No. 9 ("CUP-9") in August of 1975, and amended
USR 1047 (approved March of 1995).
2. Proposed New Tower. Regent proposes to vacate CUP-9, and to avoid any
confusion in relation to Amended USR 1047, Regent will apply for a new
USR/SE which will take into account the 16 acre site and only the proposed
new 750 foot replacement tower ("New Tower") and transmitting building.
The existing 605 tower will then be dismantled after construction of the New
Tower and transmitting building, and after approval of the USR/SE
application by the Board of County Commissioners.
3. Authorities. The New Tower and transmitting building has received all
necessary permits and approvals from both the Federal Communications
Commission ("FCC") and the Federal Aviation Administration ("FAA").
Attached for reference are the following: FCC Construction Permit dated
November 22,2000 (Exhibit"A"); FCC Tower Registration dated July 8,2003
(Exhibit "B"); Assignment of FCC Tower Registration dated July 7, 2003
(Exhibit "C"); and FAA Study and Approval dated April 7, 1999 (Exhibit "D").
4. Construction Plans. Attached as Exhibit "E" are Construction Plans for the
New Tower,such plans being prepared and signed by a Colorado Registered
Professional Engineer and dated August 1, 2003. These plans will be used
for completing the actual building permit application(s).
5. Unique Circumstances. This request is being made under very unique
circumstances with the most unique circumstance being the fact that the
FCC Permit (Exhibit "A") expires at 3:00 a.m. Mountain Standard Time on
November 22, 2003. This means that the station must be operating and
transmitting on or before this time and date as the permit cannot be
extended or renewed for any reason. It is therefore necessary that the
building permit(s) be issued prior to review and approval of the USR/SE as
the USR cannot be approved in advance of the expiration date to allow
construction and broadcasting.
6. No Delay. An issue that must be considered by the Department of Planning
Services as well as the County Attorney and Board of County
Commissioners is whether or not Regent is responsible for the "late
submission of the USR" and thus should not be entitled to pre-approval
consideration. To show that Regent did not delay this application, please
F:KFL\REGENT COMMUNICATIONS\PLANNING LTR.wpd
Weld County Department of Planning Services
August 13, 2003
Page 3
see Exhibit "F" which is a letter dated July 30, 2003 as issued by the law firm
of Graydon Head & Ritchey LLP, Cincinnati, Ohio. I call your attention to the
fact that the original FAA and FCC permits were issued to the then owner of
KUAD (Brill Media). Brill Media filed a Bankruptcy Petition in 2002 and •
Regent did not receive initial approval to acquire the authorities and existing
tower until February 25, 2003 and the initial approval did not receive formal
Bankruptcy confirmation until July 16, 2003. Additionally, Regent had to
receive approval of the FCC for the transfer of the authorities and this was
not finalized until July 7, 2003. Thus, it was not until July of 2003 that
Regent could actively pursue full planning and engineering for construction
of the New Tower. Additionally, the undersigned, in cooperation with the
Department of Planning Services utilized approximately four weeks of time
(in June and July) to locate and determine the status of County permits and
authorities for the two existing towers located on-site.
We believe that we have now shown the unique circumstances in the fact that no
delay was caused by the applicant, and that the Department of Planning Services, Weld
County Attorney and the Board of County Commissioners should authorize the building
permit(s) issuance. The applicant fully understands that construction of the New Tower
is the absolute and total risk of Regent as there is no covenant, warranty or guarantee that
the USR/SE for the New Tower will be approved by the Board of County Commissioners
of Weld County. Regent further understands that in such an event, the New Tower would
have to be dismantled as it would not have zoning and land use authority to exist. To
further mitigate this potential, Regent has had a bid prepared for dismantling the New
Tower and this bid is submitted as Exhibit"G". To further assure that there is no prejudice
to Weld County, Regent is prepared to place a performance guarantee cash deposit with
Weld County in the amount of $105,600.00 so that Weld County has all available funds
necessary for dismantling the New Tower upon the failure of Regent to dismantle.
As Regent has shown unique circumstances, that no delay was occasioned on the
part of Regent and that building permit(s)can be issued without prejudice to Weld County,
it is requested that building permit(s) be authorized.
Very truly yours,
LIND, NCE NHOFF LLP
Ken F
KFL/cg
Enclosure
pc: Bruce Barker, Weld County Attorney
F:KFLIREGENT COMMUNICATIONS\PLANNING LTR.wpd
EXHIBIT B
RESOLUTION
RE: APPROVE AGREEMENT CONCERNING EARLY RELEASE AND ISSUANCE OF
BUILDING PERMIT FOR A NEW 753 FOOT RADIO/TELEVH HON TOWER FOR
AMENDED USE BY SPECIAL REVIEW PERMIT*1047 - RE SENT BROADCASTING R
OF FORT COLLINS, INC. — - - —
WHEREAS, the Board of County Commissioners of Weld Cot inty, 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, Amended Use by Special Review Permit#1047 was approved by the Board
of County Commissioners by Resolution on February 28, 1995, and
WHEREAS, Condition of Approval #2 of Amended Use by Special Review Permit #1047
requires that until the plat is ready to be recorded, no building or electrical permits shall be
issued on the property; however, the applicant has presented for approval an agreement
concerning the early release and (nuance of a building permit for ccnstructlon of a 753 foot
radio/television tower, to replace one of two existing towers, and
WHEREAS, the Board Is satisfied that the applicant has prov ded-adequate proof and
justification for the early release and issuance of a building permit for the new tower before it can
be considered by the County under a new Use By Special Review application.
NOW, THEREFORE, BE IT RESOLVED by the Board of Cot my Commissioners of
Weld County, Colorado, that the Board hereby authorizes the early release and Issuance of a
building permit for Amended Use by Special Review Permit#1047
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of September, A.D., 2003.
• B RD OF COUNT( COMMISSIONERS
��,� W COUNTY, COLORADO
�j
I vid E. Lon , Chair
lark to the Board
Ro D. den, F pro-Te
us, I s1
rk . the =oard
M. J. G r a
APP AS OI► -
W ill iaTnr,Jlarke�
linty Attorney—./ ff
• Glenn Vaad
Date of signature: 9-9-D3
2003-2556
Li PL0959
EXHIBIT
EXHIBIT C
Building Regulations—Code Standards Sec.29-2-100
D. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall
be designed and/or located so as to prevent water from entering or accumulating within the components during
conditions of flooding.
E. Mobile and manufactured homes shall be supported, tied down and anchored in accordance with Section
29-2-90 B above.
F. All mobile and manufactured homes or those to be substantially improved shall be elevated on a
permanent foundation such that the lowest floor of the mobile home is at or above the base flood elevation and
is securely anchored to an adequately anchored foundation system.
G. No final inspection shall be approved for any new construction, substantial improvements of any
structure,mobile or manufactured home within an area of special flood hazards until the property owner submits
an elevation certification or flood proofing certification completed by a Colorado registered professional
engineer or architect. Certifications shall be on forms furnished by the Building Official.
H. No final inspections shall be approved for any oil and gas production facilities located within an area of
special flood hazard until the facilities are anchored to resist flotation, collapse or lateral movement. The
method of anchoring shall be approved by the Building Official.
Sec.29-2-110. Uniform Housing Code adoption.
A. Chapter 10 entitled Substandard Buildings, of the publication of the International Conference of Building
Officials known as the Uniform Housing Code, 1997 Edition, is adopted as a part of this Building Code.
B. Section 1001 shall be amended to read as follows: Any building or portion thereof; including any dwelling
unit, guest room or suite of rooms, or the premises on which the same is located, and mobile home, manufactured
home or factory-built home in which there exists any of the following listed conditions to an extent that endangers
the life, limb, health, property, safety or welfare of the public or the current or future occupants thereof, shall be
deemed and hereby is declared to be a substandard building. All substandard buildings, structures or appendages
are considered to be a violation of this Building Code and shall be abated by repair, rehabilitation, demolition or
removal. As an alternative, the Building Official may institute any other appropriate action to prevent, restrain,
correct or abate the violation.
ARTICLE III
Building Permits
Sec.29-3-10. Building permit required.
No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered,
repaired, moved, improved, removed, converted or demolished unless a separate building permit for each building
or structure has been first obtained from the Building Inspection Department. (Before any demolition permits are
issued, approval must be given by the Department of Public Health and Environment.)
Sec.29-3-20. Exemptions.
A. Exemptions from the permit requirement of this Building Code shall not be deemed to grant authorization
for any work to be done in any manner in violation of any of the provisions of this Code, any laws of the State or
other resolutions or ordinances of the County. Unless otherwise exempted by this Chapter, separate plumbing,
electrical and mechanical permits will be required for the items listed below.
29-21
Supp.4
EXHIBIT a
Building Regulations—Building Permits Sec.29-3-110
Sec.29-3-110. Permit application.
To obtain a building permit,the applicant shall first file an application therefor in writing on a form furnished by
the Building Inspection Department for that purpose. Every such application shall:
A. Have written proof of ownership in the form of a warranty deed.
B. Contain the number of an issued septic permit or substantiation that an existing septic system is adequate
if a private sewage disposal system is required. Such approval shall be furnished by the Department of Public
Health and Environment.
C. Include a copy of an approved well permit from the Colorado Division of Water Resources or a letter
from the water district or department stating that a water tap is available for the location described on the permit
application. (Cisterns must receive approval from the Department of Public Health and Environment prior to
the issuance of the building permit.)
D. Identify and describe the work to be covered by the permit for which application is made.
E. Describe the land on which the proposed work is to be done by legal description,street address or similar
description that will readily identify and definitely locate the proposed building or work.
F. Indicate the use or occupancy for which the proposed building or structure is intended.
G. Be accompanied by a minimum of two (2) sets of plans, diagrams, computations and specifications, and
other data as required in Section 106.3.2 of the UBC and Subsections 29-3-130 through 29-3-150 of this
Chapter.
H. State the valuation of any new building or structure or any addition, remodeling or alteration to an
existing building.
I. Be signed by the property owner or the owner's authorized agent.
J. Give such other data and information as may be required by the Building Official.
Sec.29-3-120. Plot plan.
A plot plan of the property, at suitable scale to show the location of the proposed building or structure, shall be
submitted when application for a permit is made. The plot plan shall include distances from the property lines,
access to the property, location and measurements of any easements or rights-of-way, identification of any county,
state or federal roads or highways,and any existing structures and identification of their use on the property.
Sec.29-3-130. Submittal documents.
A. Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and
structural observation programs and other data shall constitute the submittal documents and shall be submitted in
two (2) or more sets with each application for a permit. When such plans are not prepared by an architect or
engineer, the Building Official may require the applicant submitting such plans or other data to demonstrate that
state law does not require that the plans be prepared by a licensed architect or engineer. The Building Official may
require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by
the State to practice as such,even if not required by state law.
B. The Building Official may waive the submission of plans,calculations,construction inspection requirements
and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to
obtain compliance with the this Building Code.
29-26
Supp.4
i
Building Regulations—Building Permits Sec.29-3-160
Sec.29-3-160. Zoning compliance.
Prior to the release of a building permit or any other type of permit, the Department of Planning Services will
review the application for the permit and all pertinent submittals to check compliance with Chapters 23 and 24 of
this Code and any other applicable rules and regulations. Upon approval from the Department of Planning
Services,the permit application shall be given to the Building Official for review and issuance.
Sec. 29-3-170. Approval and issuance of permit.
The application, plans, specifications, computations and other data filed by the applicant for a permit shall be
reviewed by the Building Official. If the Building Official is satisfied that the work described in an application for
a permit and the plans, specifications and other data filed therewith conform to the requirements of this Building
Code and other pertinent laws, ordinances, resolutions and regulations, and that the fee specified in Section 29-3-
200 of this Building Code has been paid, the Building Official shall issue a permit therefor to the applicant. No
building permit shall be considered finally approved until a final inspection of the building or structure has been
performed, and the inspector has determined that the building or structure conforms to all applicable requirements
of this Building Code. Plans and specifications shall not be changed,modified or altered following the plan review
without authorization from the Building Official, and all work shall be done in accordance with the approved plans
and this Building Code.
Sec.29-3-180. Partial permit.
The Building Official may issue a permit for the construction of part of a building or structure before the entire
plans and specifications for the whole building or structure have been submitted or approved, provided that
adequate information and detailed statements have been filed complying with all pertinent requirements of this
Building Code. The holder of a partial permit shall proceed without assurance that the permit for the entire
building or structure will be granted.
Sec.29-3-190. Retention of plans.
A. One(1) set of approved plans, specifications and computations shall be retained by the Building Official for
a period of not less than ninety (90) days from date of completion of the work covered therein; and one (1) set of
approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the
building or work at all times during which the work authorized thereby is in progress.
B. When it is impossible to secure the approved plans at a job site, such as during the early stages of
construction,the approved plans shall be made available to the inspector at each inspection.
C. When the approved plans or the building permit card is not present at the job site, or an address is not
posted,an inspector may ask for a reinspection at such time when the above mentioned items are corrected.
Sec.29-3-200. Fees.
A fee for each building permit shall be paid to the Building Inspection Department as set forth in the fee
schedule as established by the Board of County Commissioners.
Sec.29-3-210. Valuation.
A. The determination of value or valuation under any of the provisions of this Building Code shall be made by
the Building Official. The valuation to be used in computing the building permit and building plan review fees
shall be the total value of construction work for which the permit is issued, as well as all finish work, painting,
roofing, electrical, plumbing, heating, air-conditioning, elevators, fire extinguishing systems and any other
permanent equipment.
B. Additionally, this valuation shall reflect the estimated cost to replace the building and structure in kind,
based on current replacement costs. This value shall not omit the contractor's profit.
29-27
DISTRICT COURT, COUNTY OF WELD
Court Address:
901 9TH Avenue
Greeley, Colorado 80631
♦ COURT USE ONLY
Plaintiff: FOX TELEVISION STATIONS, INC., a Case Number:
Delaware corporation
Division:
Defendants:
BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY; WELD COUNTY; DAVID E. LONG,
ROBERT D. MASDEN, M. J. GEILE; WILLIAM H.
JERKE, and GLENN VAAD, in their official capacities
as Weld County commissioners; REGENT
BROADCASTING OF FORT COLLINS, INC., a
Delaware corporation
Mark G. Grueskin, #14621
Blain D. Myhre, #23329
ISAACSON, ROSENBAUM, WOODS & LEVY, P.C.
633 17th Street, Suite 2200
Denver, Colorado 80202
Phone Number: (303) 292-5656
FAX Number: (303) 292-3152
E-mail: mgrueskin@irwl.com; bmyhre@irwl.com
ATTORNEYS FOR PLAINTIFF
MOTION TO REQUIRE CERTIFICATION OF RECORD
Plaintiff, by its undersigned counsel and under C.R.C.P. 106(a)(4), moves for an order to
require certification of the record as follows.
1. Plaintiff is filing, contemporaneously with the filing of this motion, an action against
Defendants under C.R.C.P. 106(a)(4).
?_ Plaintiffs Rule 106 action concerns the approval of a resolution (2003-2556) by the
Weld County Board of Commissioners. That resolution granted a building permit to Defendant
Regent Broadcasting for Regent to construct a transmission tower and facility to be located within
150 feet of a similar tower and facility owned and operated by Plaintiff. Plaintiffs Rule 106 action
alleges that the county Defendants violated state and local law by issuing a building permit before
zoning and subdivision review and approval. The resolution authorizing the building permit was
approved on September 3, 2003, but signed by the commissioners on September 9, 2003.
3. Plaintiff requests that this Court order Defendant Board of County Commissioners of
Weld County to certify the record of all proceedings and filings leading up to the approval of the
resolution by the board of county commissioners, including, but not limited to, the application by
Regent and all documents and submissions made therewith or thereafter, all agendas, minutes and
notices for any and all Board of County Commissioner meetings, hearings or other proceedings
relating to the application and its approval, any and all transcripts and/or recordings of the
proceedings before the Board of County Commissioners relating to the application and its approval,
and any other documents or other materials related thereto.
4. A proposed order is attached.
WHEREFORE, Plaintiff requests that this court order the Board ofCounty Commissioners of
Weld County to certify the record of the proceedings as noted above.
Respectfully submitted this ' day of October, 2003.
ISAACSON, ROSENBAUM, WOODS & LEVY, P.C.
Mark G. Grueskin
Blain D. Myhre
633 176 Street, #2200
Denver, Colorado 80202
Attorneys For Plaintiff
This document was filed via the Justice Link e-file system. The originally signed copy is on file at the
offices of Isaacson, Rosenbaum, Woods& Levy, P.C.
2
DISTRICT COURT, COUNTY OF WELD
Court Address:
901 9TH Avenue
Greeley, Colorado 80631
A COURT USE ONLY A
Plaintiff: FOX TELEVISION STATIONS, INC., a Case Number:
Delaware corporation
Division:
Defendants:
BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY; WELD COUNTY; DAVID E. LONG,
ROBERT D. MASDEN, M. J. GEILE; WILLIAM H.
JERKE, and GLENN VAAD, in their official capacities
as Weld County commissioners; REGENT
BROADCASTING OF FORT COLLINS, INC., a
Delaware corporation
ORDER RE MOTION TO REQUIRE CERTIFICATION OF RECORD
THIS MATTER comes before the court on Plaintiffs Motion to Require Certification of the
Record. The Court, having reviewed the matter and being fully advised in the premises, hereby
GRANTS the motion.
IT IS ORDERED, pursuant to C.R.C.P. 106(a)(4)(III), that Defendant Board of County
Commissioners of Weld County shall file with the Clerk of this Court, on or before
, the complete record of the proceedings relating to resolution 2003-
2556 (dated September 9,2003) approving the application of Defendant Regent Broadcasting for a
building permit to construct a transmission tower and facility.
DATED this day of , 2003.
DISTRICT COURT JUDGE
Courtlink
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Sent: Tuesday, October 14, 2003 2:27 PM
To: PCourtlink
Subject: CourtLink eFile USMail Delivery for(CO)2550317_768396+17
PDP
JRDER RE MOTION
TO R.pdf
Weld County
915 10th Street
Greeley, CO 80631
To: Weld County
From: LexisNexis File & Serve
Subject: Service of Documents in Fox Television Stations, Inc. v.
Board of County Commissioners of Weld County
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Case Name: Fox Television Stations, Inc. v.
Board of County Commissioners of Weld County
Case Number: 2003CV1390
Filing ID: 2550317
Document Title (s) :
ORDER RE MOTION TO REQUIRE CERTIFICATION OF RECORD (DEADLINE
11-17-03)
Authorized Date/Time: Oct 14 2003 4:26PM ET
Authorizing Attorney: Roger A Klein
Authorizing Attorney Firm: CO Weld County District Court 19th JD
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<<ORDER RE MOTION TO R.pdf>>
1
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DISTRICT COURT, COUNTY OF WELD
Court Address:
901 9"1 Avenue
Greeley, Colorado 80631
A COURT USE ONLY A
Plaintiff: FOX TELEVISION STATIONS, INC., a Case Number: 03CV1390
Delaware corporation
Division: 1
Defendants:
BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY; WELD COUNTY; DAVID E. LONG,
ROBERT D. MASDEN, M. J. GEILE; WILLIAM H.
JERKE, and GLENN VAAD, in their official capacities
as Weld County commissioners; REGENT
BROADCASTING OF FORT COLLINS, INC., a
Delaware corporation
ORDER RE MOTION TO REQUIRE CERTIFICATION OF RECORD
THIS MATTER comes before the court on Plaintiffs Motion to Require Certification of the
Record. The Court, having reviewed the matter and being fully advised in the premises, hereby
GRANTS the motion.
IT IS ORDERED, pursuant to C.R.C.P. 106(a)(4)(III), that Defendant Board of County
Commissioners of Weld County shall file with the Clerk of this Court, on or before November 17,
2003,the complete record of the proceedings relating to resolution 2003-2556(dated September 9,
2003)approving the application of Defendant Regent Broadcasting for a building permit to construct
a transmission tower and facility.
DATED: October 14, 2003
Ro er ein
District Court Judge
This order was filed electronically pursuant to Rule 121,§1-26. The original signed order is in the court's file.
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