HomeMy WebLinkAbout841121.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING PROBABLE CAUSE HEARING FOR USE
BY SPECIAL REVIEW PERMIT #537 - 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 , the Department of Planning Services has submitted a
request to the Board of County Commissioners that the Board
consider scheduling a Show Cause Hearing for James McDonald to
determine whether he is in compliance with Development Standards
1 , 3 , 5 , 8 , 12 and 13 of Use by Special Review Permit #537 , and
WHEREAS, the Department of Planning Services has presented
certain facts which indicate that James McDonald, is in violation
of certain Development Standards of Use by Special Review Permit
#537 , and
WHEREAS, the property on which the violations are said to be
occurring is described as Eli W1 SA, Section 25 , Township 2 North,
Range 68 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS , the Board, after hearing testimony from the
Department of Planning Services finds that there is sufficient
probable cause to schedule a hearing to Show Cause as to whether
or not Use by Special Review Permit #537 , held by James McDonald,
should be revoked for failure to comply with Development Standards
1 , 3 , 5 , 8 , 12 and 13 , and
WHEREAS, the Board shall hear evidence and testimony from all
interested parties at said Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that a Show Cause Hearing
be scheduled to determine whether or not Use by Special Review
Permit #537 , held by James McDonald, should be revoked for failure
to comply with the above listed Development Standards .
BE IT FURTHER RESOLVED by the Board that the date for the
Show Cause Hearing shall be December 19 , 1984 , at 2 :00 o' clock
p.m. , and the hearing shall be held in the first floor hearing
room of the Weld County Centennial Center.
A , .
5t41i .6
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 21st day of
November, A.D. , 1984 .
BOARD OF COUNTY COMMISSIONERS
ATTEST:/Y17,„ `t WELD COUNTY, COLORADO
Weld County Clerk and Recorder w 67,...4„__
and Clerk to the Board/ n/� s
Norman Carlson,
m- _?
o�n, Chairman
C-CelBY: __N-3( (rix_114,(R_ ,t1, k,e,� N ne Jo n-on, Pro-Tem
D6puty County Clerk A
C�
APPROVED AS TO FORM: ene R. ntner
ta____ EXCUSED
Chuck Carlson
County Attorney W,4;if _i
{. ),�,0 ci
JoT. Martin
CASE NUMBER: USR-537:82:52
NAME: James McDonald, et al.
ADDRESS: 11940 W. Independence Avenue
Golden, CO 80401
LEGAL DESCRIPTION: Ell W§ SW4 Sec. 25, T2N, R68W of the 6th P.M. Weld County,
Colorado.
LOCATION: Approximately 3/4 miles west of Frederick on the north side of
Weld County Road 16.
The Department of Planning Services staff recommends that the Board of County
Commissioners schedule a "Show Cause" public hearing to consider revocation of
USR-537:82:52 for the following reasons:
1. An inspection of the property on October 22, 1984 revealed
that Development Standards 1, 3, 5, 8, 12, and 13 were not
being complied with.
2. On August 30, 1982, Mr. McDonald was cited for similar violations
of several of the Development Standards for SUP#443. As a result,
Mr. McDonald amended SUP#443 with USR 537:82:52, however, the
violation of Development Standards continue on the property.
� l
DEPARTMENT OF PLANNING SERVICES
PHONE 13031 3564000 EXT.404
915 10TH STREET
GREELEV,COLORADO 80631
q •
M 'y L
•
COLORADO
October 29, 1984
Mr. James McDonald
11940 West Independence Avenue
Golden, CO 80401
Dear Mr. McDonald:
Notice is hereby given that on November 21, 1984, at 9:00 a.m. , or
as soon thereafter as the agenda of the Board of County Commissioners
permits, the Board of County Commissioners of Weld County will hold
a probable cause public hearing pursuant to Section 81 of Weld County
Zoning Ordinance. This meeting will take place in the Commissioners'
Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley,
Colorado.
The purpose of this public hearing will be to review case number
USR-537:82:52 for compliance to the Development Standards as approved
by the Board of County Commissioners on February 9, 1983, to determine
if probable cause exists to hold a hearing on revocation of
USR-537:82:52
Inspection by representatives of this office have identified that you
are not in compliance with Development Standards 1, 3, 5, 8, 12, and
13 of USR-537:82:52. _
If it is determined at the public ;fearing that there is probable cause
that you are not in compliance with USR-537:82:52, the Board of
County Commissioners will schedule a "show cause" public hearing to
consider revocation of the Use by Special Review permit.
If you have any questions regarding this matter, please call.
Respectfully,
kra&
Chuck Cunliffe, Directo
Department of Planning Services
CAC:js
l C
INTERNAL MEMORANDUM ON CURRENT ZONING CASE
TO: CASE FILE FROM: Chuck Cunliffe
NAME: James McDonald, Et al
LEGAL DESCRIPTION OF PROPERTY: E2 W2 Sw4 25-2-68
ADDRESS:
DATE: October 22, 1984 TIME: 2:00 p.m.
CASE NUMBER: USR-537
Inspection of property made on the foregoing date revealed several violations
of the approved development standards.
Development Standard #1 - Repair of vehicles and salvage operation being
conducted on property is not a permitted use identified in this standard.
At least 13 planes located on property plus others in hangers. Number of
planes exceed permitted number.
Development Standard #3 - Separate toilets were not observed on the
property.
Development Standard #5 - Repairs of vehicles other than aircraft being
conducted on property.
Development Standard #8 - Fence on west side of property had two access
points. One at 5059 Weld County Road 16 and another at 7462 Weld County
Road 11. One airplane was observed on the property at 5059 Weld County
Road 16 and two airplanes were observed at 7462 Weld County Road 11.
It appears that the airplanes are using the airstrip on the subject property.
Going to and from the USR site and the adjacent properties identified above.
c
•
INTERNAL MEMORANDUM ON CURRENT ZONING CASE
10/22/84
Page 2
Development Standard #12 - No 3,500 gallon storage tank for fire
protection purposes was observed on the property.
Development Standard #13 - No ditch is being maintained on the
south side of the property for traffic control.
(
l No: ,5L�/ - `Si /02
Name: )21c e/
t
Legalvoescription of Property :
Time: /.C,[' I�h1
Date: f{/2 h I. — .
1 ��11� / /oA /ere.-- / rt 4/l [2 I !` e C LL E
�� /i / lf7L- TCJ / / p/..
72.---..7 &I( a 4 e . --L LtGPK-C-
,� i f�./� Ems' �2.„/ ii-c'e L -ring C.''7
t :t� L e .vrti L
� / 2'-f- to 1- 14-22 rC 2v� -
Z. C• ';c (tint" ��.`�; �.
' - - / /t" / faze
G ��
[ , Ct'tvt� "'? Vcr /« re >7-7
l c l 2f
aa l' �// f
1 a t/ /hZ-{di-emit-i-C 4edt> !i2-/LL,L`Cct
It .utiZk'
.£'-/ 'CAL ,[ Gar.—o_ ki /)T c. ^ 11Cl- •YtiVilli ��jq sc,
a ��" �
a 14
(✓ C it -i.(� ��^"i"" (SQL.., (.21..e, VZG_ cy-L_ Cl....G=/
L .e.
•
Zoning Inspector
Note: Attach this sheet to the complaint report pertaining to this zonin
violation.
C
,-°q /96V
f
2.-ei-c-g 122-I Cale2-
Grim -- cp ca."0
4
\ l ,46 Ce-C ter
��IG G ce��i ‘nr, 4.
— of , Dy E -
._._ ____.. -vt^ 27 1984 aw-7-H --Per7n,ozeWeld Co. Planning Commission
INSPECTORS REPORT
No: VT-5w-
Name: James 14cponald
Legal Description of Property :
g� W1. SW'1 Sec. 25 T2N 68W
Time : A.M.
Date: October 8, 1984
Observed several salvaged aircraft, miscellaneous cars and trucks on the
property. ' Majority of them appeared to be located around the small maintenance
building. Observed one individual working on the axle of the, icku truck bed.
No contact made, No photographs made. Observed en airplane located on an
adjacent parcel located in the SW corner of the subject propert . There
were two aircrafts located on an adjacent parcel to the west in the northern
half of the subject property.
•
•
Zoning Inspector
•
Note: Attach this sheet to the complaint report pertaining to this zonin
violation.
PHONE ,3D3: 35€-4D% E>.- <.
PS ST,---a'
[\
GREELEN',COL ORAD:, 8653'
P ; ,3 • August 30, 1982
COLORADO
Mr. Howard Stewart
c/o James McDonald
11940 West Independence Avenue
Golden, Colorado 80401
Dear Mr. McDonald:
Personnel from the Department of Planning Services conducted an on-site
inspection of your property to determine whether or not you were in
compliance with the Development Standards placed on your property at the
time Special Use Permit 1.F443 was approved. The inspection revealed several
violations of Development Standards 1{1, 2, 3, 4, 8, 9, 10, 12 and 14 . I
have enclosed a summary of the items that appear to be in violation of
the Development Standards. Our office has also received complaints from
persons living in the area that the hours of operation for take-offs
and landings identified in Development Standard 116 are not being observed
or complied with.
You are hereby requested to comply with the requirements of the Development
Standards within thirty (30) days from the date of this letter. Failure
to comply will result in our office scheduling this matter before the
Board of County Commissioners to consider revocation of the Special Use
Permit.
I would suggest that you contact our office to discuss the reasons why you
have failed to comply with the approved Development Standards on your
property for the Speical Use Permit. If you have any questions regarding
this matter, please feel free to get in touch with us.
Respectfully,
ct
Chuck Cunliffe, Director
Department of Planning Services
CC:rg
cc: Mr. Pete Terry, P.O. Box 22, Firestone, Colorado 80520
•
SPECIAL USE PERMIT #443
SUMMARY OF VIOLATIONS
Development Standards:
1. The number of planes observed on the property at the time of
inspection exceeded the number allowed;
2. Growth of noxious weeds;
3. One (1) toilet instead of separate toilets;
4. Accesses are not clearly labeled on the property;
8. The fence is not constructed;
9. A sign is not constructed;
10. The parking area is not graveled;
12. Storage tank for fire protection was not observed;
14. Noncompliance with the above standards.
CC:rg
To: Board of Commissioners
From: Clerk to the Board
Re : Possible Show Cause hearing - McDonald
In the event you find there is sufficient evidence to schedule
a show cause hearing, in order to properly advertise this hearing ,
it should not be scheduled before December 19 .
Thank you.
Hello