HomeMy WebLinkAbout20012345.tiff HEARING CERTIFICATION
DOCKET NO. 2001-56
RE: SHOW CAUSE HEARING TO DETERMINE WHETHER GOOD CAUSE EXISTS FOR
REVOCATION OF SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT #768 FOR RECREATIONAL TRAIN FACILITY IN THE
A(AGRICULTURAL) ZONE DISTRICT - BEVERLEY HOBDAY
A public hearing was conducted on August 20, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Bethany Salzman
The following business was transacted:
I hereby certify that pursuant to a notice dated August 3,2001,and duly published August 8,2001,
in the Tri-Town Farmer and Miner, a Show Cause Hearing was conducted to determine whether
Good Cause exists for revocation of Site Specific Development Plan and Use by Special Review
Permit#768 for a Recreational Train Facility in the A (Agricultural) Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Bethany Salzman, Department of
Planning Services, gave a brief description of the location of the site, and stated there has been
no resolution to the ownership dispute. She recommended the Board proceed with the Show
Cause Hearing and revoke the Use by Special Review Permit (USR). Ms. Salzman submitted an
E-mail message from Jennifer Carr, attorney representing Joan Drawer, marked Exhibit A. She
stated Ms. Carr has indicated her client is not opposed to the revocation of the USR permit. Ms.
Salzman explained the remaining items on the property will be addressed through the violation
process. In response to Chair Geile, Mr. Morrison stated he is not aware of a resolution to this
situation through the courts.
Brent Coan, attorney, represented Beverley Hobday and stated they are making progress. Mr.
Coan explained on July 4,2001,the Court moved to dismiss all claims of ownership by Ms. Drawer;
however, on August 8, 2001, Ms. Drawer filed for reconsideration of the matter. Mr. Coan stated
his client is not opposed to the revocation of the USR permit because she is unable to comply with
it at this time. He further stated this revocation will not effect the actions pending in court. Mr.
Coan stated upon a judge's determination of ownership, the property will be cleared, and some of
the structures may be sold for use by the Greeley Museum. Responding to Mr. Morrison, Mr.
Coan stated the structures are included in the ownership of the entire property. He explained due
to a partnership involving the activities on the property, Ms. Drawer feels she also has an ownership
claim to the property and/or items located there. Responding to Chair Geile, Mr. Coan explained
the court is determining ownership only, not whether the property and use are zoned or permitted.
He further stated if the court denies the request for reconsideration, Ms. Drawer also has the option
2001-2345
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HEARING CERTIFICATION - SHOW CAUSE HEARING - BEVERLEY HOBDAY (USR#768)
PAGE 2
of appealing the decision, which will delay clearing the property. Ms. Salzman stated if the permit
is revoked, she will send a building inspector out tomorrow to redtag the unsafe structures. Mr.
Coan concurred there are unsafe structures, and added Brian Drawer has been using the shop
building for mechanical work. He explained the residence on the site is occupied; however, it is not
a part of the violation. He requested the Board allow adequate time to resolve the matter in court
prior to clearing the property. He explained this is located in a remote area,and Ms. Hobday would
be willing to gate the access to prevent public access for safety purposes.
No public testimony was offered concerning this matter.
Commissioner Jerke commented he is in favor of revoking this permit, and suggested the Board
allow the property owner 90 days to resolve the matter and clear the property. In response to
Commissioner Long, Ms. Salzman stated a red-tagged structure indicates it is unsafe and should
not be entered or used. She further stated staff will work with Mr. Coan and Ms. Hobday regarding
the amount of time necessary for resolving the matter in court and clearing the property. Mr.
Morrison recommended the Board revoke the USR permit, and he explained the time period for
clearing the property could be determined in a Violation Hearing.
Commissioner Jerke moved to revoke Site Specific Development Plan and Use by Special Review
Permit #768 for Recreational Train Facility in the A (Agricultural) Zone District, based on the
recommendations of staff. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
This Certification was approved on the 22nd day of August 2001.
APPROVED:
BOARD OF C NTY COMMISSIONERS
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ATTEST: WELD CO , COLORADO
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Weld County Clerk to the;..
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Deputy Clerk to the BoS• 4U C>1
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TAPE #2001-34 . 1 _
Davii E. Lo
DOCKET#2001-56
obert D. asden
2001-2345
PL0105
EXHIBIT INVENTORY CONTROL SHEET
Case SHOW CAUSE (USR#768) - BEVERLY HOBDAY
Exhibit Submitted By Exhibit Description
A. Jennifer Carr E-Mail re: No Objection to Revocation
(08/17/2001)
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 20TH DAY OF AUGUST, 2001:
DOCKET#2001-56 - BEVERLY HOBDAY
DOCKET#2001-52 - SCOTT AND SUSAN BUSKER/BUSKER DAIRY
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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