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Home My WebLink About890472.tiff RESOLUTION RE: APPROVE REVOCATION OF USE BY SPECIAL REVIEW #738 , ISSUED TO JACK TATUM 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 5 , 1989 , a Show Cause Hearing, continued from October 12 , and November 7 , 1988 , was conducted to consider revocation of Use by Special Review #738 , issued to Jack Tatum, and WHEREAS , Jack Tatum was neither present nor represented at said hearing of June 5 , 1989 , and WHEREAS, the Board heard all of the testimony offered concerning this matter, and having been fully informed, Finds that the burden of proof has been met as to violations of Development Standards #3 , which concerns implementing and maintaining a row of trees on the north boundary of the storage and work area; and ' 11 , which states-_that the Use by Special Review area shall be limited to the plans shown and governed by the Standards and all applicable Weld County Regulations , and WHEREAS , pursuant to said Findings, the Board deems it advisable that Use by Special Review #738 be revoked . NOW, THEREFORE, BF IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the burden of proof has been met as to violations of Development Standards #3 and 11 . BF IT FURTHER RESOLVED that Use by Special Review #738 for a wood cutting and processing operation, issued to Jack Tatum on August 20 , 1986 , be , and hereby is , revoked. 890477 Page 2 RE: REVOKE USR #738 - TATUM The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of June, A.D. , 1989 . c / ATTEST: �&ttAAL) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Board C.W. Kir y, airman �A�x F Caine o nson, Pro-Tem eputy Count_ .lerk EXCUSED DATE OF SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner D George Kennedy ounty Attorney EXCUSED Gordon E . Lacy 890472 i ` , 2 \ : 7 , . _ . _ \\\ § . . : � � S \ z � - > - _ C / \ ® ( .. �: & g § D / / \ / \ J - < ° � - ».. .. § ` ■ ita t -` } f | IB k . • _ f , ! 2 . b. OCO 7P § S • ! , "! § li tr. • A •.,_ t� 41 !≥ ] jI ! ! � 9 �! cm | , | - i - k ■ C1 \! - q 7 a: et g7 f §12 & / / , FS @ / | § & 5.£1— _-. u f . \ • - ! . ) g / , � A ` \ \ 10`° \ \ \ 15> le tn co | \ ? . '@e■2; col ZXCxw HEARING CERTIFICATION DOCKET NO. 88-59 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF USE BY SPECIAL REVIEW 11738 FOR WOOD CUTTING AND PROCESSING OPERATION - TATUM A public hearing was conducted on June 5, 1989, at 9:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy - Excused Also present: Acting Clerk to the Board, Tommie Antuna Weld County Attorney, Thomas 0. David Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that a public hearing was conducted June 5, 1989, to consider the revocation of Use by Special Review #738, wood cutting and processing operation, granted to Jack Tatum on the 20th day of August, 1986. Tom David, Weld County Attorney, made this matter of record, stating that it was duly published in the Platteville Herald on September 28, 1988. Mr. David said this matter was considered on November 7, 1988, and at that time, it was continued to today's date. Keith Schuett, representing the Department of Planning Services, said a field check was conducted May 25, 1989, and it was determined that Mr. Tatum is not yet in compliance with Development Standards #3, which concerns implementing and maintaining a row of trees on the north boundary of the storage and work area; and #11 , which states that the Use by Special Review area shall be limited to the plans shown on the Standards and all applicable Weld County Regulations. Mr. Schuett said the property is being used for the storage of vehicles and other miscellaneous items not associated with the wood cutting business. Jack Tatum, the permit holder, was neither present nor represented. Mr. Tatum submitted a letter stating that he is not presently doing commercial wood cutting on this property, but when he resumes the business he intends to work with Weld County concerning the rules and regulations. The Board determined that if this permit is revoked at this hearing, and Mr. Tatum would in the future decide to have a wood cutting business on this property, he would have to apply for a new Use by Special. Review Permit. Commissioner Johnson moved to revoke Use by Special Review #738 which was granted to Jack Tatum, and included in her motion that it is to be made clear to Mr. Tatum that if he resumes the wood cutting business he must obtain a new permit. Commissioner Kennedy seconded the motion, and it carried unanimously. �- 890472 Page 2 RE: CERTIFICATION OF SHOW CAUSE HEARING - TATUM This Certification was approved on the 7th day of June, 1989. APPROVED: Tetketd&n) BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County C erk and Recorder yam > and Clerk to the Board C.W. Kirby,/Chas an De uty County Clerk acque . ne Jo neon, Pro-Tem EXCUSED DATE OF APPROVAL Gene R. Brantner George Kennedy EXCUSED DATE OF HEARING _ Gordon E. Lacy TAPE #89-23 DOCKET #88-59 PL0058 890472 STATE OF COLORADO ► )SS. CERTIFICATE OR AFFIDAVIT Of SERVICE COUNTY OF WELD ) (UPON MEMBER OF DEFENDANT 'S FAMILY) DOCUMENT NUMBER: 89 163 155912 I HEREBY CERTIFY THAT I AM OVER THE AGE OF 18 YEARS AND NOT A PARTY TO �THISUACTION, AND THAT I SERVED THE WITHIN ficn ON THE DEFENDANT, TATUM, JACK WHO IS A NATURAL PERSON OVER THE AGE OF I8 YEARS, BY DELIVERING TC AND LEAVING A TRUE COPY THEREOF, TOGETHER WITH A TRUE COPY OF THE FCRM ATTACHED THERETO, WITH SHIRLENE TATUM , WHO IS THIS DEFENDANT 'S WIFE , A PERSON OVER THE AGE OF 18 YEARS, BEING A MEMBER OF THE FAMILY OF SAID DEFENDANT, AT SAID DEFENDANT' S USUAL PLACE OF ABODE, TO-WIT 10490 HWY .34 GREELEY CO 80631 COUNTY OF WELD, COLORADO, ON THIS THIRTEENTH DAY OF JUNE , 1989 AT 2:49 P. M. . ED JORDAN SHERIFF SERVICE $15.00 MILEAGE $ 1 .20 TIME $0.00 TOTAL $16.20 AMOUNT BILLED $0.00 MARY SCHWART2 ✓ G 8 Y: , e v � DEPUTY SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 19 NOTARY PUBLIC MY COMMISSION EXPIRES : 890472 atwar. mEmoRAnDum WhitSheriff ' s sionrtment To Civil Division Date June 8 , 1989 COLORADO From Tommie Antuna, Clerk to the Board ' s Office subject: Service of Resolution Revoking USR 4738 on Jack Tatum Please serve with a copy of the R y oard of Commissioners revoking Use by Special Review #738 . A copy of the Resolution has been attached for your Return of Service. I would appreciate service as soon as possible and having the Return of Service in my office no later than June 23 , 1989 . When service has been had and the Return completed, please return the copy of the Resolution, along with the Return of Service, to the Clerk to the Board ' s Office. DO NOT FILE A COPY OF THE RESOLUTION OP THE RETURN OF SERVICE WITH THE COURT. Thank you for your anticipated prompt attention to this matter. l— , O-774 i 14-c--e_. 890472 1t DEPART' -NT OF PLANNING SERVICES PHONE(303)356-4000 T.4400 y 915 10 10thh STREET i} GREELEY,COLORADO 80631 101 k COLORADO June 9, 1989 Mr. and Mrs. Jack Tatum 10490 U.S. Highway 34 Greeley, CO 80631 Re: The revocation of Use by Special Review permit #738 located on Lots A and B of Recorded Exemption #342; part of the NWt of Section 11, T5N, R67W of the 6th P.M. , Weld County, Colorado Dear Mr. and Mrs. Tatum: The Weld County Commissioners on June 5th revoked USR-738 for a wood cutting and processing operation. All business operations and amenities of this business must be removed from the property. Any further use of this property as a wood cutting and processing operation shall require the resubmittal and approval of a Special Review permit by the Board of County Commissioners. This property is in violation of the Weld County Zoning Ordinance and will be pursued as a violation in accordance with Section 80 of the Weld County Zoning Ordinance. If I can answer any questions regarding this matter, please call me. Sincerely, r7:1; Cu rE t P1 nner BJB:rjg rjjg pc t% and of County Commissioners 890472 ---- / d74 c7/ je/ W &get C �� / 7 - i4�.aie mod/ as , L7 .7741/2°��/ ��lyo C2/794a,t c"77-er-, ce-,21 Cart-n4,41:eg-ez) JUN 5 1989 limd Cu. &ow,, cnnimminu 890472 SHOW CAUSE DATE: June 5, 1989 CASE: ZCH-42 NAME: Jack and Shirlene Tatum PROPERTY OWNER: Jack Tatum ADDRESS: 10490 Highway 34 ADDRESS: 10490 Highway 34 Greeley, CO 80631 Greeley, CO 80631 LEGAL DESCRIPTION: Lots A and B of RE-342 located in part of the NW} of Section 11, T5N, R67W of the 6th P.M. , Weld County, Colorado It is the opinion of the Department of Planning Services' staff that the following standards, as approved for case number USR-738, are not in compliance. Development Standard #3 The applicant/operator shall implement and maintain a row of trees on the north boundary of the storage and work area as indicated on he use by special review plat or as approved on a plat submitted. The row of trees on the north boundary of the storage and work area has not been completed as indicated on the Use by Special Review plat. The landscaping plan, as agreed to by the applicant/operator on November 11, 1988, has not been completed. Fourteen 3 foot Russian Olive trees planted in a row 10 feet north of the existing landscaping strip would complete the landscaping plan. The Russian Olive trees in this row shall be placed between the existing trees to increase the visual screening of the property. Development Standard #11 The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviation from the plans or standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The property is also being used for the storage of vehicles and other miscellaneous items not associated with the wood cutting business. Based upon the above information and the field check dated May 25, the Department of Planning Services' staff recommends that the Board of County Commissioners revoke Use by Special Review permit #738. 896472 CASE SUMMARY ZCH-42_ lack and Shirlene Tatum Nay 25, 1989 - Inspection of property. November 7, 1989 - Resolution of Show Cause Hearing Tor USR-738. November 7, 1989 - Staff recommendation. November 4, 1989 - certified letter agreeing to landscaping -plan. November 2, 1988 - Field check. October 12, 1988 - Resolution approving Probable Cause. October 12, 1988 - Staff recommendation. October 10, 1988 - Inspection report. October 4, 1988 - Letter from Jack Tatum. September 21, 1988 — Probable Cause staff recommendation. September 13, 1988 - Letter notifying Mr. and Mrs. Tatum of Probable Cause Hearing. September 9, 1988 - Inspection report. August 3, 1988 - A letter was mailed to Mr. and Mrs. Tatum outlining -noncompliance with approved Development Standards. August 2, 1988 - Inspection of the property. SJ04 12 -INSPECTION REPORT NAME: Jack and Shirlene Tatum _LEGAL DESCRIPTION OF PROPERTY: Lots A and B of RE-342, located in part of the NW$ of Section 11, T5N, R67W of the 6th P.M. , Weld County, Colorado SATE: May 25, 1989 TIME: a.m. CASE NUMBER: ZCH-42 An inspection of this property showed it not to be in compliance with the adopted Development Standards 3 and 11 of USR-738. The landscaping plan agreed upon at the November 11, 1988, meeting has not been completed. The property is also still being used for the storage of vehicles and other miscellaneous items not associated with the wood-cutting business. The sign advertising the wood-cutting business has been removed. I -spoke with Mr. Tatum during this field check and he indicated that he was not going to finish the landscaping plan. Mr. Tatum stated, that he would not attend the hearing, though he might submit a letter explaining his position. /ache,' Brian J. Bingl )"e ✓ � he,' Current Planner C.3:1to'Y t 2 a _ '"•�`� �r..ral� G I I I yep . • � -- ;1.w--4.1:1•,. i ' ..4... -`• -, i .• . i I i• i Ns d''• ir r -• --• r r C SHOW CAUSE 11— //- 1 — DATE: tOttobar, , 1988 CASE: ZCH-42 NAME: Jack and Shirlene Tatum PROPERTY OWNER: Jack Tatum -ADDRESS: 10490 Highway 34 ADDRESS: 10490 Highway 34 Greeley, CO 80631 Greeley, CO 80631 LEGAL DESCRIPTION: Lots A and B of Recorded Exemption #342 located in part of the NW} of Section 11, T5N, R67W of the 6th P.M. , Weld County, Colorado. It is the opinion of the Department of Planning Services' staff that the following standards, as approved for case number USR-738, are not in compliance. Development Standard #3 The applicant/operator shall implement and maintain a row of trees on the north boundary of the storage and work area as indicated on the use by special review plat or as approved on a plat submitted. The row of trees on the north boundary of the storage and work area has not been completed as indicated on the Use by Special Review plat. ?Development Standard #11 The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviation from the plans or Standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. Section 42.2.2 of the Weld County Zoning Ordinance states: One identification sign per principal USE, provided the sign does not exceed 16 square feet in area per face. The identification sign located on the property exceeds 16 square feet in the area per face. The Department of Planning Services requests that the Board of County q,A m _Commissioners continue this Show Cause Hearing to June 5, 1989. This would allow the applicant time to reduce the size of the sign and to comply with the landscaping requirements. To complete the landscaping requirements, fourteen 3 foot Russian olive trees shall be planted in a row 10 feet north of the existing landscaping strip. The Russian olive trees in this row shall be placed between the existing trees to increase the visual screening of the property 890472 INSPECTION REPORT NAME: Jack and Shirlene Tatum LEGAL DESCRIPTION OF PROPERTY: Lots -A and B of Recorded Exemption #342 located in part of the NW} of Section 11, T5N, R67W of the 6th E.M. , Weld County, Colorado DATE: November 2, 11988 TIME: a.m. CASE NUMB-ER: ZCH-42 (USR-738) A field inspection conducted on November 2, 1988, on this use by special review site found 16 evergreens planted. These trees are planted at approximately 20 foot intervals for a total distance of 282 feet. The total number of trees indicated on the plat was to be thirty (30) trees. Big—1-e Ent Pl(nner 890472 (— SHOW CAUSE DATE: October 12, 1-988 CASE: ZCH-42 NAME: Jack and Shirltne Tatum PROPERTY OWNER: Jack Tatum ADDRESS: 104-90 -highway 34 ADDRESS: 10490 Highway 34 Greeley, CO 80631 Greeley, CO 80631 LEGAL DESCRIPTION: -Lots A and 3 of Recorded Exemption #342 located in part of the NWkof Section 11, 75N, R67W of the 6th P.M. , Weld County, Colorado. It is the opinion of the Department of Planning Services' staff that the following standard, as approved for Case Number USR-738, is not in compliance. Development Standard 113 The applicant/operator shall implement and maintain -a row of trees on the north boundary of the storage and work area -as indicated on the use ±y special -review plat or as approved on a plat submitted. On November 2, 1988, a meeting was held -with Jack Tatum on his property to discuss an agreeable landscaping plan for his use by -special review site. The existing landscaping consists of 16 evergreens planted at approximately 20 foot intervals for a total distance of 282 feet. -To satisfy the approved Development Standards #3, fourteen additional trees are required to be planted. During the hearing of the use by special review on August 20, 1986, the County Commissioners passed a motion to amend -Development Standard Number 3. This motion -enabled Mr. Tatum to maintain a row of trees on the north boundary -of the storage and work area as indicated on the Use by Special Review plat, or to submit a landscaping plat of his own to ire approved by the Department of -Planning Services. Mr. Tatum never submitted a landscaping plan. Tor this reason, staff has continually used the use by speical review plat which was submitted and recorded. The Department of Planning Services and Mr. Tatum have agreed that he will plant 14 Russian olive trees. The planting pattern to be used is to plant a separate row of Russian olives to the north of, -and spaced between the existing evergreen trees. At maturity the Russian olive trees would have a maximum height of 30 feet and a spread of 20 to 25 feet in diameter. Based upon this information, the Department of Planning Services recommends that the Soard of -County Commissioners consider an extension to June 5, 1989, so that the applicant has time to satisfy this landscaping plan. The Department of Planning Services would also request the County Commissioners reserve the right to bring before them any violations of the development standards or conditions of approval prior to this date, if such were to occur. 8904'72 Hello