HomeMy WebLinkAbout20002239.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING APPLICATION FOR TAVERN LIQUOR LICENSE
-JERRY SAMBER, DBA DEWEYS
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 has been presented with an Application for a Tavern Liquor
License for Jerry Samber, dba Deweys, and
WHEREAS, a hearing before the Board was held on the 18th day of September 2000, at
which time the Board deemed it advisable to continue said matter for one week to allow
adequate time to for publication of the notice.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the abovementioned matter be, and hereby is, continued to
September 25, 2000, at 9:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of September, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
LW
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ATTEST: i4 47!1 EXCUSED
Barbara irkmeyer, Chair
Weld County Clerk to th�=o. i N\
1861 l �, - :
a� �3 M. ile, Pro-Tern
BY:
Deputy Clerk to the 3 ��
l� eorg Baxter
APPROVED FORM:
c_ - Dale e,K. all
County Att rney dittiA
Glenn Vaatl
2000-2239
LC0043
HEARING CERTIFICATION
RE: APPLICATION FOR TAVERN LIQUOR LICENSE - JERRY SAMBER, DBA DEWEYS
A public hearing was conducted on September 18, 2000, at 9:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair- EXCUSED
Commissioner M. J. Geile, Pro-Tern
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther E. Gesick
County Attorney, Bruce T. Barker
The following business was transacted:
I hereby certify that pursuant to a sign posted on the premises of the proposed liquor
establishment, a public hearing was conducted to consider the request of Jerry Samber, dba
Deweys,fora Tavern Liquor License. Bruce Barker, County Attorney, made this a matter of record
and stated due to lack of publication, staff requests this matter be continued to Monday,
September 25, 2000, at 9:00 a.m. Mr. Barker further stated Planning Services staff has indicated
this site does not have adequate zoning and will require a Change of Zone or Use by Special
Review Permit. Mr. Barker explained this matter may need to continue further following Monday's
hearing to allow adequate time for the applicant to obtain the property permit for use of this
property, and the applicant also has the option of withdrawing the request.
Jerry Samber, applicant, stated when he acquired the property the Assessor's records indicated
the site was designated as Commercial, but the Department of Planning Services staff believes the
site is zoned Agricultural. Mr. Samber stated there are three lots within the Town of Stoneham that
are considered Commercial, and this site has been used for other business operations in the past.
Mr. Barker explained properties can be assessed based on use, rather than the actual zoning, and
reiterated that this site is zoned Agricultural which will require a Change of Zone or a Use by
Special Review Permit. Commissioner Baxter stated the neighborhood was established on
August 21, 2000, at which time he was selected to do an on-site inspection of the premises, which
he did on September 12, 2000. Bethany Salzman, Zoning Compliance Officer, stated the entire
Town of Stoneham is zoned Agricultural; however, the grain elevator does have a Use by Special
Review Permit which was approved on April 23, 1984. In response to Commissioner Hall, Mr.
Samber stated his property was used as a bank in 1982, and was later used as a hardware store.
He explained when the owner died, the property was included as part of the estate, and was later
sold to a local farmer who used it for a shop. Mr. Samber stated he intends to use it as a bar and
grill and would like to sell liquor to help recover his investment costs. Mr. Samber stated the site
has adequate water and sewer services, and if he is required to apply for a zoning permit, it will be
very difficult to recover his costs. In response to Commissioner Geile, Mr. Barker stated the zoning
issue is pre-requisite to conducting the liquor hearing; however, the applicant has until
September 25, 2000, to consider all of the options. In response to Commissioner Hall, Mr. Barker
stated when the County does a general rezoning, it is open to any property owner in the County.
2000-2239
LC0043
HEARING CERTIFICATION-TAVERN LIQUOR LICENSE FOR JERRY SAMBER,DBA DEWEYS
PAGE 2
In response to Commissioner Hall, Julie Chester stated the fee for a Change of Zone is$1,100.00
and that procedure also requires a Site Plan Review which costs $400.00. Commissioner Baxter
stated there have been other properties with faulty zoning, and the Board has not waived fees in
the past. Commissioner Hall stated this site has been used for commercial operations regardless
of the zoning, which he feels is faulty. In response to Commissioner Baxter, Ms. Chester stated
the proposed use would require a zoning permit, regardless of whether the applicant sells liquor.
No public testimony was offered concerning this matter. Commissioner Baxter moved to continue
this matter to Monday, September 25, 2000, at 9:00 a.m., to allow adequate time for publication
of the legal notice. Commissioner Hall seconded the motion, which carried unanimously.
This Certification was approved on the 20th day of September, 2000.
APPROVED:
ATTEST: / ® 4 �� BOARD OF COUNTY COMMISSIONERS
.� WELD COUNTY, COLORADO
Weld County Clerk to t B. N _ EXCUSED /
Ai
7, Bar ara J. r eyer, Chair
BY: •
Deputy Clerk to th
M. J. ile, Pro-Tern
TAPE #2000-28
org . Baxter
Da e . Hall
4,4 /�A
Glenn Vaa* -
2000-2239
LC0043
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