HomeMy WebLinkAbout810358.tiff MINUTES OF THE BOARD OF ADJUSTMENT HEARING
February 26, 1981
A regular meeting of the Board of Adjustment was held on February 26, 1981
at 2:10 p.m. in the County Commissioners' Hearing Room, first floor, Cen-
tennial Building, 915 10th Street, Greeley, Colorado. The meeting was
called to order by the chairman, Gordon Lacy.
Members present:
Gordon Lacy Present
Joe Garcia Present
Frank Stewart Present
Will Piper Absent - Excused
Marion Richter Present - Tardy - Did not sit on Board
Judy Ewegen Present
Charles Erickson Present
Ruth McElrath Present
Jim Parker Present
Alternates
Shirley Rein Present - Did not sit on Board
Ruby Fields Absent
Mark Weston Present - Sat on Board
A quorum was present.
The minutes of the last regular meeting had an error in the spelling of a
name. This will be corrected. The minutes were approved as distributed.
Tape 17 Side 1
CASE NUMBER: BOA-825:81:2
Applicant: Robert Hawkins
Legal Description: Part of the Wi NW14, Section 12, T3N, R67W of the
6th P.M. , Weld County, Colorado.
Location: 1 mile north and 1 mile west of the town of Platteville.
Request: Bob Lowenback, Assistant Attorney read the request of the
applicant.
"Appeal of an administrative decision of the Department of
Planning Services made in the administration and enforcement
of the Weld County Zoning Resolution in the Agricultural Zone
District as set forth in Section 9.1.3.a of the Weld County
Zoning Resolution."
810355
Minutes of the Board of Adjustment Hearing
February 26, 1981
Page 2
He also read 9.1.2 - Appeals to the Board of Adjustment must
be made in writing and filed with the Board of Adjustment
within 60 days of the act or failure to act or decision
appealed from. The Department of Planning Services Staff
felt that the request for an appeal occured more than 60
days after the final decision was rendered and made known
to Dr. Hawkins.
The matter the Board of Adjustment must decide today is whether
or not the appeal was filed within the 60 days time limit. If
this appeal was filed beyond the 60 day time limit the Board
of Adjustment lacks the right to have jurisdiction to act on
this case.
Appearance: Dr. Hawkins appeared in his own behalf. He stated in his
opinion the 60 days being referred to did not start until
the Commissioners made the final decision. In his opinion
and the opinion of his attorneys the Board should render
their opinion as he had been assured by Bob Lowenback,
Assistant County Attorney that if he applied for the Special
Use Permit, it would not be turned against him. The agree-
ment was, I can go back and say "I don't believe I need a
zoning ordinance at all; and he is claiming that now, within
that 60 day period."
Gordon Lacy stated the original filing by the Planning
Services Staff was made by Cathy Carter, Zoning Inspector
and was filed in 1978. There was a decision made in January
1979, that there was a need for a Special Use Permit.
Bob Lowenbach stated that suit was filed against Dr. Hawkins
on May 10, 1979, after the Board of County Commissioners
authorized that suit be filed. The matter was set for pre-
trial conference in February 1980. Prior to the pretrial
conference Dr. Hawkins' council and Bob Lowenbach agreed
that it would be appropriate for Dr. Hawkins to apply for
a Special Use Permit. It was the agreement, at that time,
that should the Special Use Permit be denied by the Board
of County Couuuissioners that we would not argue to the court
that because Dr. Hawkins had agreed to apply for a Special
Use Permit that he was agreeing that the zoing regulations
actually applied to him. There was no agreement, at least
it was not his intention to agree, that he could appeal to
this Board the decision of the Board of County Commissioners.
The Zoing Resolution appeal process applies to decisions
of administrative officers or agencies and the Board of •
County Commissioners is not such an administrative officer
or agency. What Dr. Hawkins is appealing at this time is
the decision of the Department of Planning Services Staff,
as to whether or not the use which he is conducting is a
use which is permitted by right or not in the Agriculture
Zone District.
Minutes of the Board of Adjustment Hearing
February 26, 1981
Page 3
Discussion: Joe Garcia felt the Board Members had to decide whether or
not they could even hear an appeal. He asked if the letter
from Cathy Carter, Zoning Inspector, dated January 30, 1979,
was the final administrative determination concerning the
use? Vickie Trailer answered this was the Staff's final
determination. Further, there is a resolution dated March
14, 1979 indicating that Dr. Hawkins has declined applying
for a Special Use Permit, via the Board of County Commis-
sioners. Is this what the Staff is using as their official
opinion as far as the 60 days is concerned or was there
another rendered after this? Vickie Trawler stated there
was some discussion between Dr. Hawkins and Tom Bonn prior
to that January 30th date and there is a letter documenting
that, but the formal notification given to Dr. Hawkins was
given to him on January 30, 1979 despite the fact that he
had been informed of that decision verbally earlier than
that.
Jim Parker asked Dr. Hawkins why, after receiving the letter from
Cathy Carter he had not appealed the administrative decision?
Dr. Hawkins stated he had spoken to Tom Honn shortly after
this and Tom Bonn had stated it would do him no good to ap-
peal, he controlled the Board and he would be wasting his
$25.00. The reason he did not apply for the Special Use
Permit immediately was he was told not to bother to apply
for this as it would be turned down. His attorney did not
receive a copy of the letters mailed to Dr. Hawkins, so he
was not aware of what was going on. Joe Garcia questioned
Dr. Hawkins about the letter received from Cathy Carter,
Zoning Inspector on December 27, 1978, informing him that he
had 60 days to file an appeal with the Board of Adjustment
regarding the administrative decision. Vickie Trawler would
like to go on record that the Department of Planning Services
Staff did recommend approval on the Special Use Permit. Joe
Garcia would like to go on record that the Board consistently
makes a decision based on evidence presented to the Board, and
many times the decision would be contrary to the Staff's recom-
mendation. No individual controls the Board. The decision
the Board is acting on today is whether or not the 60 day time
limit has gone by for Dr. Hawkins to file an appeal. He may,
if he wants to, apply for another Special Use Permit. He may
also appeal any new decision made by the Department of Planning
Services Staff.
Bob Lowenback said the resolution states,appeals to the Board
of Adjustment must be made in writing and filed with the Board
of Adjustment within 60 days of the act or failure to act for
decision appealed from. That is all it says. It does not
say it can be extended by the Board or shortened by the Board.
Minutes of the Board of Adjustment Nearing
February 26, 1981
Page 4
Motion: It was moved by Joe Garcia that the Board of Adjustment does
not have the jurisdiction to hear the case based on the 60
day limitation, and I use as my reason the letter of December
27, 1978, which was mailed by certified mail, and the receipt
is attached to the letter, indicating to Dr. Hawkins the 60
day limitation. Also, during the testimony Dr. Hawkins in-
dicated that he did receive this letter. Further, on January
21, 1981, a letter by Tom Bonn, Zoning Administrator also
refers to that letter indicating the time has expired on
the right to appeal and he tends to concur with Tom Bonn in
regard to that letter. Motion seconded by Judy Ewegen.
-Roll Call: Gordon Lacy - yes, Joe Garcia - yes, Frank Stewart - no,
Judy Ewegen - yes, Charles Erickson - yes, Jim Parker - yes,
Ruth McElrath - no, Mark Weston - yes. Motion carried by
majority vote.
NEW BUSINESS:
Gordon Lacy, Chairman introduced Shirley Rein, Charles Erickson and Mark
Weston, the new members of the Board of Adjustment.
She meeting was adjourned at 2:30 p.m.
Respectfully submitted,
C\000L
Bobbie Good
Secretary
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