HomeMy WebLinkAbout820337.tiff RESOLUTION
RE: ADOPTION OF AMENDMENTS TO THE BOARD OF ADJUSTMENT
BYLAWS.
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, the Board of Adjustment bylaws have been amended
and submitted to the Weld County Board of Adjustment for its
approval, and
WHEREAS, The Board of Adjustment adopted said amendments
at its meeting of January 14, 1982 , and
WHEREAS, said amendments to the bylaws have been presented
to the Board of County Commissioners for its approval, and
WHEREAS, the Board of County Commissioners deems it
advisable and in the best interests of Weld County, Colorado to
adopt said amendments to the Board of Adjustment bylaws.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado that the amendments to
the Board of Adjustment bylaws, copy of which is attached hereto
and made a part hereof by reference, be, and it hereby is, adopted.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 27th
day of January, A. D. , 1982 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JOhn T. Martin, hairman
C uck Carlson, Pro Tem
6t—e0-44-0-..--
Norman Carlson-
ATTEST: !' Mz _, ,//
Weld County Clerk and Recorder C. W. Kirby
and--Clerk to the'Booard ABSENT
�Y°;' G clicj _ '-'_)a ,Deputy K. Steinmark
AP OVED AS TO FORM:.
taotinfy Attorney DATE PRESENTED: February 1, 1982
LHR 152 0203.37
BY-LAWS
WELD COUNTY BOARD OF ADJUSTMENT
Article I - Name of Board
The Board shall be called the Weld County Board of
Adjustment in conformance with CRS 30-28-117 and
30-28-118 (1973 as amended) .
Article II - Functions and Duties of the Board of Adjustment
The Board of Adjustment shall perform such functions
and duties as are provided by statute and by Section IX
of the Weld County Zoning Resolution.
Article III - Membership of the Board of Adjustment
A. The Board of Adjustment shall consist of nine (9)
members appointed by the Board of County Commis-
sioners .
B. The Board of County Commissioners shall determine
six (6) geographic areas and appoint one (1) mem-
ber from each of the geographic areas . Each mem-
ber shall reside within the geographic area for
which he is appointed at the time of his appoint-
ment and during his term.
C. Three (3 ) members shall be appointed by the Board
of County Commissioners from the County-At-Large.
D. The term of office of each member of the Board of
Adjustment shall be for three (3) years . Said
terms to be staggered so that two (2) members from
geographic areas and one (1) member at-large are
appointed each year.
E. No member of the Board of Adjustment shall serve
for more than two consecutive terms.
F. The Board of County Commissioners shall appoint
three (3) associate members of the Board of
Adjustment to be selected from the County-At-
Large. In their selection of said associate
members, said Board of County Commissioners
shall attempt to obtain representation from a
broad geographical cross-section of Weld County.
The term of office of each associate member shall
be for three ( 3) years , said terms to be staggered
so that one associate member is appointed each year.
In the event any regular member of the Board
is temporarily unable to act due to absence
from the County, illness , interest in a case
before the Board, or any other cause , his place
may be taken during such temporary disability
by one of the associate members .
Article IV - Officers
A. The Board of Adjustment shall organize annually
at the first regular meeting of each calendar
year and shall elect a Chairman and a Vice-Chairman
whose terms shall be for one (1) year . The Chairman
and Vice-Chairman shall be eligible for re-election .
B. The Board of County Commissioners shall appoint a
Secretary for the Board of Adjustment who shall be
a Notary Public.
C . The Chairman , or in his absence the Vice-Chairman,
shall preside at all meetings of the Board of
Adjustment and shall decide all points of order or
procedure in accordance with Roberts ' Rules of Order .
• D. The Secretary shall be responsible for keeping the
minutes of the Board of Adjustment; seeing that a
notice of all hearings before the Board of Adjust-
ment is published if required by the Weld County
Zoning Resolution; mailing a notice of hearings for
the Board of Adjustment to property owners as speci-
fied in the Weld County Zoning Resolution; obtaining
a fee from applicants as required by Resolution of
the Board of County Commissioners ; notifying mem-
bers of forthcoming meetings; notifying associate
members of the Board of Adjustment of meetings at
which they will participate; carrying out routine
correspondence; maintaining the records of the
Board of Adjustment; and performing such other ad-
ministrative duties as may be requested by the
Board of Adjustment or the Board of County Commis-
sioners .
Article V - Meetings
A. The Board of Adjustment shall meet on the second and
fourth Thursday of each month provided that there is
business to conduct, in the first floor hearing room or
otherwise designated hearing room of the Weld County
Centennial Center, 915 10th Street Greeley, Colorado,
at a regular time to be set by the Chairman of the
Board of Adjustment.
-2-
B. Special meetings of the -Board of Adjustment may be
called ty the Chairman , or in his absence by the
Vice-Chairman , provided that at least three ( 3 )
days notice is given each member prior to any such
special meeting date .
C. The order of business at all meetings shall be as
follows :
1 . Roll call;
2 . Approval of minutes of previous meeting;
3 . Unfinished business ;
A . New Business .
D. Where procedural and parliamentary rules adopted by
the Board of Adjustment or the Weld County Home Rule
Charter do not conflict , parliamentary procedure
-shall be according to the Roberts ' Rules of Order .
E. All meetings of the Board of Adjustment shall be open
to the public.
F. The Board of Adjustment shall keep minutes of its
proceedings showing the vote of each member upon
each question, or if absent or failing to vote,
indicating such fact and shall keep records of its
examinations and other official actions , all of
which shall be immediately filed in the office of
the Board of Adjustment and shall be a public record .
G. The concurring vote of six (6 ) members of the Board
of Adjustment shall be necessary in order to decide
in favor of the Appellant on any appeal brought pur-
suant to Section 9. 1. 3 . a, b, c, or d of the Weld
County Zoning Resolution.
H. Following the presentation of testimony and discus-
sion by members of the Board , a member of the Board
shall call for a vote on whether or not the appeal
should be decided in favor of the Appellant. A vote
of "yes" shall be a vote in favor of the Appellant ' s
position; a vote of "no" shall be a vote opposed to
the Appellant ' s position. It shall be incumbent
upon the prevailing side to recite into the record
the reasons for approval or denial of the appeal .
Article VS - Quorum
Seven (7 ) members of the Board of Adjustment shall con-
stitute a quorum for the transaction of business .
-3-
•
•
Article VII - Attendance
A. Members of the Board of Adjustment are required
to faithfully attend meetings of said 'Board .
B . If any regular member misses three consecutive
meetings or misses more than 40% of the meetings
in anv three month period , the Board of Adjust-
ment shall recommend to the Board of County
Commissioners that written charges be brought
against said member to show cause why he should
not be removed for his failure to faithfully
attend the meetings of said Board . The Board
of Adjustment, for good cause shown may deter-
mine that the cause of the absense was excusable
and that no charges should be brought.
C . It shall ba the duty of the Secretary to record
the attendance of each member , notify the Chairman
if any member has failed to faithfully attend pur-
suant to paragraph "B" above and to place any hearing
regarding attendance of a member on the agenda. Said
matter shall be the last item of business on the
agenda.
Article VIII - Expenses
Within the limits of funds authorized by the Board of
County Commissioners , members of the Board of Adjust-
ment shall be reimbursed for mileage and other expenses
incidental to the performance of their duties as members
9f the Board.
Article IX - Amendment
These By-Laws may be amended by an affirmative vote of
six (6) members of the Board of Adjustment. No amend-
ment to these By-Laws shall be considered at any meeting
of the Board of Adjustment unless first submitted in
writing to each member of the Board at least seven (7)
days prior to the meeting at which said amendment is to
be considered .
•
-4-
BEFORE THE WELD COUNTY, COLORADO BOARD OF ADJUSTMENT
MOTION TO GRANT OR DENY APPEAL
Case No. none Date January 14, 1982
APPEAL OF the Weld County Board of Adjustment
Address 915 10th Street, Room 42, Greeley, Colorado 80631
Move b, .,�. �' �_ i a
_..� , e j�._Cc that the following resol
ut n be int oduced for ,passage by the Weld County Board of Adjust-
men
Be it resolved by the Weld County Board of Adjustment that
the appeal of the Weld County Board of Adjustment
for a variance or appeal described as:
a change in the Weld County Board of Adjustment Bylaws, Article V. A.
on the following described property :
-none
be granted ilftIlMiXtkkxfM
xmKiax$'xMmaramootX as follows:
A. The Weld County Board of Adjustment shall meet on the second and fourth
Thursday of each month if there is business to be conducted, _._„ the Weld
County Centennial Center, 915 Tenth Street, Greeley, Colorado, at a
regular time to be set by the Chairman of the Board of Adjustment. n
the event the second and fourth Thursday of any month -falls on a holiday
-officially designated by the Board. 3f County Conmission rs ;f Weld County,
the regular meeting may be rescheduled by an affirmative vot of five (5)
members of the Weld County Board of -Adjustment taken at least seven (7)
days prior to the date of the rescheduled meeting.
Motion seconded by ,
•
Vote: For Granting o peal : For Denial of Appeal :
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BEFORE THE WELD COUNTY, COLORADO BOARD OF ADJUSTMENT
MOTION TO GRANT OR DENY APPEAL
Case No. Date January 14, 1982
APPEAL OF the Weld County Board -of Adjustment
Address 915 10th Street, Greeley, Colorado 80631
Moved by (7)6 ;_r-I / that the following resol—
ution be i ptrodueed for pas gE by the W_eld County Board of Adjust-
ment : G'
Be it resolved by the Weld County Board of Adjustment that
the appeal of the Weld County Board of Adjustment
for a variance or appeal described as :
a change in the Weld County Board of Adjustment Bylaws, Article V.A.
on the fallowing siescribed property:
none
be granted Wm:bomb) timatbaxIxtlxkennixtgxneetaaut=c as follows:
Section V. G. of the Weld _County Board of Adjustment Bylaws be reworded to
conform with the new Weld -County Zoning Ordinance. This will be Sections
61.1; 61;2 and 61.3 and 62.1 and 62.2; and 62.3.
•
Motion seconded by
Vote: For Granting ppeal : For Denial of App-eal :
l
Rfl4_ftfl_n-14.
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