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RESOLUTION
RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - JAMES McDONALD
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, a Show Cause Hearing for revocation of Special Use
Permit #443 , amended with Use by Special Review Permit #537 ,
granted to James McDonald, was scheduled for December 19 , 1984 , at
2 :00 p.m. , as stated in the Notice dated November 26 , 1984 , and
published December 6 , 1984 , in the La Salle Leader, and
WHEREAS , at the hearing of December 19 , 1984 , it was deemed
advisable to continue the hearing to January 9 , 1985 , to schedule
a time for the Board of County Commissioners to conduct an on-site
visit of the property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Show Cause
Hearing for James McDonald be, and hereby is, continued to January
9 , 1985 , at 2 : 00 p.m. , at which time the on-site visit by the
Board will be scheduled.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 19th day of
December, A.D. , 1984 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: � 7. -/- - WELD COUNTY, COLORADO
Weld County Cgerk and Recorder Norman Carlson, Chairman
and Clerk to the Board
EXCUSED U DATED OF SIGNING
BY: k) �� ryr' c ueline Johnson, Pro-Tem
Deputy County Clerk /� Q
APPROVED AS TO FORM: Gene f. B antne
Ch ck Carlson
County Attorney
J n T. Martin
1 4/
HEARING CERTIFICATION
DOCKET NO. 84-84
RE: SHOW CAUSE HEARING - JAMES McDONALD
A public hearing was conducted on December 19, 1984, at 2:00 P.M. , with
the following present:
Commissioner Norman Carlson, Chairman
Commissioner Jacqueline Johnson, Pro-Tem
Commissioner Gene Brantner
Commissioner Chuck Carlson
Commissioner John Martin
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, Lee D. Morrison
Director of Planning Services, Chuck Cunliffe
The following business was transacted:
I hereby certify that pursuant to a notice dated November 26, 1984, and
duly published December 6, 1984, in the La Salle Leader, a public
hearing was conducted to Show Cause for the revocation of Special Use
Permit #443 which was amended with Use by Special Review Permit #537
for James McDonald, et al. Lee Morrison, Assistant County Attorney,
made this matter of record. He said the issues are whether or not
Development Standards 1, 3, 5, 8, 12 and 13 have been complied with.
Chuck Cunliffe, Director of Planning Services, said the Planning
Department staff's recommendation is that this Show Cause Hearing be
continued in order to allow the Board to conduct an on-site visit of
the property with Mr. McDonald and members of the Planning staff. The
staff further recommended that representatives from the County
Attorney's Office, Weld County Health Department and the Longmont Fire
Protection District be present during the inspection of the property
and that access to the structures located on the property be made
available at this time. Mr. Cunliffe said an inspection of this
property on December 17, 1984, revealed Mr. McDonald was still not in
compliance with Development Standards 1, 3, 5 and 12. James McDonald
was present and came forward to answer questions of the Board. Mr.
Cunliffe requested that the Board not accept any testimony at this time
because if this matter is continued it will be heard by the new Board
members. After discussion, Commissioner Johnson moved to continue this
matter to January 9, 1985, at which time a date will be established for
the on-site visit. Commissioner Brantner seconded the motion and it
carried unanimously.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ATTEST: �r WELD COUNTY, COLORADO
Weld C, y Citrk and Recorder i+ 4f--
and CleLic to the Board Norman Carlson, Chairman
l EXCUSED DATE OF SIGNING
By IOW/it � m/y ,`{: ilk l
Deputy County Clerk/ Ja ueline� � �j/
// Johnson, Pro-Tem
Gene R. B antner �A
Ch ck Carlson
rim T, 29,24-Z a.
TAPE #84-142 .1 n T. Martin
DOCKET #84-84
LHR #2049
ATTENDANCE RECORD
December 19 , 1984
TODAY ' S HEARINGS ARE AS FOLLOWS :
DOCKET # 84-84 - Show Cause, James McDonald Milton G. Waldbaum Company
ppCCKK # 84-81 - USR, Egg production, etc . ,
DpOCCKK Tt # 84-71 - COZ , A to PUD, Colorado Jockey Club
DDOCci 'T 84-83 - Increase landuseaapplicantefee0 Kieffe Broadcasting Co .
PLEASE write or print legibly your name , address and the DOC n (as fisted
he applicants name or the hearing you are attending .
above) or t
NAME ADDRESS HEARING ATTENDING
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NOTICE
Pursuant to the Zoning laws of the State of Colorado and the
Weld County Zoning Ordinance , a public hearing will be held
in the Chambers of the Board of County Commissioners of Weld
County, Colorado, Weld County Centennial Center, 915 10th Street,
First Floor, Greeley, Colorado, at the time specified. All
persons in any manner interested in the hearing to show cause
are requested to attend and may be heard.
BE IT ALSO KNOWN that the text and maps so certified by the
County Planning Commission may be examined in the Office of
the Clerk to the Board of County Commissioners , located in the
Weld County Centennial Center, 915 10th Street, Third Floor,
Greeley, Colorado
DOCKET #84-84 James McDonald, et al.
11940 W. Independence Avenue
Golden, Colorado 80401
DATE : December 19 , 1984
TIME : 2 :00 P.M.
SUBJECT: Hearing to SHOW CAUSE for revocation of Special Use Permit
#443 amended with Use by Special Review Permit #537
LEGAL DESCRIPTION: Ell Wz SW4 Section 25, Township 2 North,
Range 68 West of the 6th P.M. , Weld County,
Colorado
ISSUES : 1. Whether or not Development Standards 1, 3 , 5 , 8, 12 ,
and 13 are being complied with.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Debbie Campbell, Deputy
DATED: November 26 , 1984
PUBLISHED: December 6 , 1984, in the La Salle Leader
Affidavit of Publication
STATE OF COLORADO. 1 sa.
County of Weld. I
L Paul Massey of Lego; notict°''
said County of Weld. being duly sworn, say that Pursuant to- Zoning laasef.he.5Me
I am publisher of of Colorado and the Weld COMP Rqm
Ing Ordinance,•public hearing s,lti be
'La Salle Leaded held la he chambem as,me Boa a of
County CommisMonen W Weld County
that the some is a weekly newspaper of general Colorado, Weld Cnrimy Centennial
Center, 915 10th Street, Fist Floor,
of - printed and published in the Greeley,Coloradq at t}e time specified.
La Salle All pe sotto M any n an a Interested In
town of - the Use By Special Reties, are re-
in said county and state: that the notice or Gayer- quested to attend and may be heard.
nutrient. of which the annexed is a true copy. BE IT ALSO KNOWN That the tea and
has been published m said weekly newspaper ma Commission
ps so so imified y then he examined
d Cot
for one e�a'eeve +'atr Plin the office of the deco to the Board of
County CommHaonen,located in the
weeks: that the notice was published in thP Weld County Centennial.Center, 915
regular and entire issue of every number of said 10th Street,Third Floor,.Greeley,
Col-
newspaper during the period and time at publi-
orado.
cation el said notice and in the newspaper DOCKET NO.84-84
proper and not in a supple:nen% thereat: .hat the APPLICANT
first publication of said notice was contained in JmnM<Donai a
11940 W.Independence Avenue
the issue al said, newspaper bearing date. the Goldmaoor•do B040t
day of Deeerlber A.D.. le(A]� DATE:December tde ,Col
and the last publication thereat. in the issue of
1984
said,newspaper bearing date. the f>- day at TIME:R:00P.M.
December , l9x1,11: that the said SUBJECT:Hearing to SHOW CAUSE
for revocation of Special Use Permit No.
443 amended with Use by Special
Review Permit No.537
La Salle LeaderAna
LEGAL DESCRIPTION:EYE WV?SWw
has been published continuously and =interrupt. Sectlon 33,Township 3 North. Range
edly during the period of at least fitty.two Cant 68 W ttof the 6th,P.M.,Weld County,
secutrve weeks next prior to the first issue thereat Colorado
containing said notice or advertisement above ISSUES:
SS: 1.ds Whether e Sr not t?and p-
referred to: and that said newspaper was at the are t ta compiled with S.
3
time of each of the publications of said notice, BOARD OF COUNTY
duly qualified tar that purpose within the mean COMMISSIONERS
inn of an act. entitled. "An Act Concerning Legal WELD COUN MMISSION RS
Notices. Advertisements and Publications. and gy;MARY ANN FEUERSTEIN
the Fees of Printers and Publishers thereof. and COUNTY CLERK AND RECORDER
to Repeal all Acts and Parts al Acts in Conflict
AND CIERKTOTHE BOARD
with the Provisions of this Act" approved April 7. BY:Debbie Campbell,Deputy
1921. and ell amendments thereof, and particu' DATED:November 26,1984
larly as amended by an act approved. March 30. DATED:
La Salle Leader on
1923. and an act approved M ) l9. 1931. TED: Nd in b") Thursday,December 6,1984.
r /y
c.t--63-2j b
lisher
Subscribed an sworn to before roe this -017(/'/
dry at_,_ O' j (/y A.D.. 19-L i(Viele-g7L-d My commission expires �-// 7—f s—
Notary Public
ELIZABETH MASSEY
22019 W.C.RD. 54
GREELEY, CO 80631
December 19, 1984
CASE NUMBER: USR-537:82:52
NAME: James McDonald
ADDRESS: 11940 West Independence Avenue, Golden, . CO. 80401
LEGAL DESCRIPTION: E'4 W4 SW4 Section 25, T2N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 3/4 mile west of Firestone on the north side
of Weld County Road 16
The Department of Planning Services staff recommends that this Show Cause
Hearing be continued to provide time for the Board of County Commissioners
to conduct an on-site visit of the property with Mr. McDonald and the
Planning staff.
The staff would further recommend that representatives from the County
Attorney's office, Weld County Health Department, and the Longmont Fire
Protection District be present during the inspection of the property.
In addition, access to the structures located on the property should be
made available at the time of inspection.
On November 21, 1984 the staff indicated that Development Standards
1, 3, 5, 8, 12 and 13 were not being complied with.
An inspection of the property on December 17, 1984 revealed that Development
Standards 1, 3, 5, and 12 are still not being complied with.
The Planning staff and Mr. McDonald have been unable to resolve the
differences of interpretation regarding compliance with the approved
Development Standards for USR-537:82:52. Therefore, the staff believes
that an inspection of the property by the Board of County Commissioners
will help resolve the differences and provide direction for Mr. McDonald
and the staff.
Re: McDonald Special Use
Frederick Airport
Weld County Planning Staff
In response to your letter stating the Frederick Airport is not complying
with the requirements of the Special Use Permit and is scheduled to come
before the Commissioners, I wish to make of record the fact that I called
and requested clarification of the complaining party and the specifics of
the complaint. I was informed the complaint was anonymous and the general
broad allegations supported the enumerated paragraphs set forth in your
letter.
It is rather obvious the listed paragraphs are not all a problem. For
example, the fence required in one paragraph is definitely in place. Also,
the restriction regarding the jump operation has been complied with. I
therefore seek clarification of the complaint to determine if, in fact,
compliance has been met.
I am therefore specifically requesting the Planning Department detail the
alleged violations and, if the specifics are in fact still a problem, I
stand willing to correct same. It is impossible to deal with broad alle-
gations from an anonymous caller regarding facts that may or may not be
accurate.
As the date set for the meeting is quite close, I am hand delivering this
letter to gather the facts and respond to same prior to said meeting.
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