HomeMy WebLinkAbout810218.tiff RESOLUTION
RE: DENIAL OF DR. DALE JOHNSON AND MRS. LYNN JOHNSON'S
REQUEST FOR CONTINUATION OF FLATIRON' S SPECIAL USE
PERMIT HEARING ON JUNE 10, 1981
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, on June 3, 1981, the Board of County Commissioners
of Weld County, Colorado, did consider the written request of
Dr. Dale Johnson and Mrs. Lynn Johnson, by and through their
attorneys, Freidman, Hill & Robbins, to continue the June 10,
1981 hearing on Flatiron' s application for Special Use Permit
No. 365, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, does not feel they have the authority to continue
said hearing indefinitely, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, has studied the request and has heard the recommendations
of the Weld County Planning Services in this matter and finds
that said request be denied.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado that the request of
Dr. Dale Johnson and Mrs. Lynn Johnson to continue the
hearing for Flatiron ' s Special Use Permit No. 365 indefinitely,
be and hereby is denied.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 3rd
day of June, A.D. , 1981.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
r� (� i C ,`iN3.�P1 s✓ 12 (Aye)
ATTEST: PIGck Carlson, Chairman
Weld County Clerk and Recorder (Aye)
and Clerk to the Board Norman Carlson, Pro-Tem
ABSENT
BY. �, ,� �c ...�n , ,,j ' C. _ Kirby
/ Deputy County Cleric( % 2 l I �av — (A e)
APPRO D AS TO FORM: h T. Marti
t�^ ary 7 J ne K. Steinmark
County Attorney PL0592
DATE PRESENTED: June 8, 1981 810218
FRIEDMAN, HILL 8c ROBBINS
ATTORNEYS AT LAW
DAVID W. ROBBINS 220 EQUITABLE BUILDING
ROBERT F. HILL 730 SEVENTEENTH STREET
ALAN H. FRIEDMAN DENVER. COLORADO 80202 J. EVAN GOULDING
KAREN A. TOMB _
OF COUNSEL
303 6]2-6500
May 28 , 1981 *O...,r^ , \Y J
sea,
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Board of County Commissioners ARE
of Weld County
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
RE: Special Use Permit--365 ,
Flatiron Paving Company
Dear Commissioners :
I am writing this letter on behalf of our clients, Dr .
Dale Johnson and Mrs . Lynn Johnson, to request a continuance
of the June 10 , 1981 hearing on Flatiron ' s application for
S . U.P . No. 365 and the Board ' s consideration of the condi -
tions to be placed upon that permit .
As you are undoubtedly aware, the Johnsons have
appealed to the Colorado Court of Appeals the District
Court ' s decision overturning this Board ' s denial of
Flatiron ' s application for a special use permit and remand-
ing the matter to this Board for further consideration . In
their appeal , the Johnsons take the position that this Board
was correct in denying Flatiron a permit to operate an
asphalt plant and a concrete batch plant on the proposed
site immediately east of the Johnson residence and that
these plants are not accessory uses to the sand and gravel
mining operations being conducted there.
The Johnsons request a continuance of the June 10
hearing on Flatiron ' s permit application pending resolution
of the appeal . This Board has discretion to decide when it
will entertain a hearing on a permit application and accord-
ingly, it is well within its authority to continue this
hearing. Practically speaking, if the Johnsons prevailed on
appeal , any action now taken by the Board would be meaning-
less. Yet, if the Board were to proceed to issue the
Board of Commissioners
of Weld County
May 28 , 1981
-2-
permit , the Johnsons, as well as their neighbors , will most
probably be subjected to operation of the asphalt and
concrete batch plants , even though there is no definitive
assurance Flatiron has a right to conduct these operations .
Because of the uncertainty as to Flatiron ' s legal authority
to erect and operate these plants on the proposed site, the
public interest would be better served if this matter were
deferred until there has been a resolution of this question
by the appellate court. Under these circumstances, the
Johnsons ' request is imminently reasonable.
By seeking a continuance prior to the June 10 hearing ,
hopefully any inconvenience to prospective participants and
attendees will be minimized. Whatever inconvenience does
occur will be offset by the benefit accorded those residents
of Weld County who will be directly affected if these plants
are erected and operated during that period of time when
Flatiron ' s right to do so is being appealed. I request that
the matter of a continuance be placed upon the Board ' s
agenda for either its June 1 or June 3 meeting .
Thank you for your consideration .
Very truly yours,
Karen A . Tomb
KAT: ncr
cc : Russell Anson, Esq .
John Purvis , Esq .
Dr. and Mrs. Johnson
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