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Home My WebLink About880591.tiff RESOLUTION RE: APPROVE ACTION OF BOARD CONCERNING PROBABLE CAUSE HEARING - L.E.A.D. , INC. 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 , by Resolution dated December 14 , 1987 , the Board approved Amended Use by Special Review #100 for L.E.A.D. , Inc. , -subject to certain Conditions of Approval and Development Standards, and WHEREAS, the Department of Planning Services has informed the -Board that L.E.A.D. , Inc . is in violation of Condition #2 concerning the construction of a fence on the property lines , and has until July 13 , 1988 , to come into compliance with said Conditions of Approval , and WHEREAS, at the meeting of July 13 , John Birleffi, representing L.E.A.D. , Inc. , submitted evidence indicating that construction of the fence has been completed, and WHEREAS , based upon the evidence submitted by Mr. Birleffi, the Board determined that L.E.A.D. , Inc. is now in compliance with Condition #2 and that a Show Cause Hearing not be scheduled at this time, and WHEREAS, the Board further determined that an on-site inspection of the property be made by the Department of Planning Services, and if L.E.A.D. , Inc. is not in compliance, a Show Cause Hearing shall be scheduled to consider revocation of Amended Use by Special Review #100 . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Probable Cause Hearing against L.E.A.D. , Inc. be, and hereby is, dismissed based upon evidence indicating compliance with Condition #2 . BE IT FURTHER RESOLVED by the Board that if L.E.A.D. , Inc. is not in compliance with Condition #2 , a Show Cause Hearing shall be scheduled to consider revocation of Amended Use by Special Review #100 . ( { _ , 880591 Page 2 RE: -PROBABLE CAUSE HEARING - BIRLEFFI The above and rforegoinig Resolution was , on motion duly made and seconded, adopted by the following vote on the 13th day of July, _A.D. , 1988 . '1/4771:772 c.i BOARD OF COUNTY COMMISSIONERS ATTEST: atoll. (.,t) WE OUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Gene R.Ifi ran ner, airman BY: £JthP �� C.W. Kirby, Pro em Deputy County Clerk EXCUSED APPROVED AS TO FORM: Jacqueli e nsol -----Yi c___ GoOo 4 f; / County Attorney C Frank Yamaguchi 8B0591 PROBABLE CAUSE DATE: June 23, 1988 CASE]!: ZCH-36 USR/SUP: Amended USR-100 NAME: L.E.A.D. , Inc. , c% John Birleffi / k ADDRESS: 2056 26th Avenue / ,y41 Greeley, CO 80631 PROPERTY OWNER: Dutch Koerner Route 1, Box 835 Hays, Kansas 67601 LEGAL DESCRIPTION: Part of the Wi SW} of Section 13, T6N, R65W of the 6th P.M. , Weld County, Colorado It is the opinion of the Department of Planning Service's staff, that the following conditions as approved for Amended USR-100 are not in compliance. Condition of Approval No. 2 for Amended USR-100 states as follows: a. A 300 foot by 400 loot by 300 foot fence $hall be constructed on the south, west, and north property lines. The fence shall be 6 feet in height and 'constructed with a solid wooden face. A slatted design type fence shall not be used. Twenty-one training runs shall be within the wooden fence area. The plat shall also show a fence which shall be attached to the wooden fence or constructed for purposes of containment of all dogs on the facility. • Based upon the attached information, the Department of Planning Services staff recommends that the Board of _County Commissioners grant the applicant until July 13, 1988, to comply with Condition 2 of Amended USR-LOO. If the applicant fails to bring the property into compliance with the -condition of approval by this date, a Show Cause Hearing shall be scheduled to consider the revocation of the Special Use permit. 880591 CASE SUMMARY ZCH-36 (Amended USR-100) L.E.A.D. , Inc. , c/o John Birleffi 04-14-88 - Phone conversation with John Birleffi indicating fence construction by April 28, 1988. 04-28-88 - - On site inspection report of noncompliance with conditions of approval and development standards. 05-03-88 - A letter to L.E.A.D. , Inc. requesting compliance with conditions of approval and development standards. 05-05-88 - Phone conversation with John Birleffi outlining what would need to be done to bring facility into compliance. 05-12-88 - Letter received from Dutch Koerner indicating improvement would be made 06-01-88 - Letter from Zane Pic's office representing Doris Anderson. 06-03-88 - Inspectors Report. 06-06-88 - Letter requesting compliance by June 20, 1988. 06-20-88 - Field Report. 880591 INTERNAL MEMORANDUM ON CURRENT ZONING CASES TO: Case File FROM: Brian J. Bingle NAME: L.E.A.D. , c/o John Birleffi LEGAL DESCRIPTION OF PROPERTY: Part of the W} SW} of Section 13, T6N, R65W of the 6th P.M. , Weld County, Colorado DATE: April 14, 1988 CASE NUMBER: Amended USR-100 I called and talked with John Birleffi, President of L.E.A.D. Kennel, regarding construction of the required 300 x 400 x 300 foot fence. It was indicated that the fence would need to be installed by April 28, 1988, at which time an on-site inspection would be done to confirm completion. 880591 c May 3, 1988 L.E.A.D. , Inc. c/o John Birleffi 2056 26th Avenue Greeley, CO 80631 Re: Amended USR-100 Dear Mr. Birleffi : Personnel from the Department of Planning Services conducted an on-site inspection of your property on April 28, 1988, to determine whether you were in compliance with the Conditions of Approval and Development Standards placed on your property at the time Amended USR-100 was approved. The inspection revealed several violations of Condition #1, and Development Standards ; 2 and 11 . I have enclosed a summary of the items that appear to be in violation of the conditions of approval and development standards. You are hereby requested to comply with the requirements of the Conditions of Approval and Development Standards within thirty (30) days from the date of this letter. Failure to comply will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners. If the Board determines that there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review Permit. - -- - If you have information that may clear up this matter, please telephone or write. If you have no additional information, please let me know and I will schedule an appointment with you to discuss the procedures and requirements necessary to resolve this matter. I would recommend you call and schedule an appointment so that I may reserve a sufficient amount to time to discuss this matter with you. Respectfully, t. E Brian, J. Bingl Currett P1ani r BJB:rjg g 880591 enclosures J-- 5 _8 rs K INTERNAL MEMORANDUM ON CURRENT ZONING CASES TO: Department of Planning Services FROM: Brian J. Bingle NAME: L.E.A.D. Kennels, c/o John Birleffi LEGAL DESCRIPTION OF PROPERTY: Part of the W} SW} of Section 13, T6N, R65W of the 6th P.M. , Weld County, Colorado DATE: April 28, 1988 TIME: p.m. CASE NUMBER: Amended USR-100 An on-site inspection was conducted to determine operational compliance with the amended use by special review conditions of approval and development standards. The following items are found to be in violation: (1) Condition of Approval #2 required the construction of a 300 x 400 x 300 foot fence to be located on the south, west, and north property lines. The fence has not been constructed; (2) Development Standard #2 requires the kennel operations water supply to be provided only by the North Weld County Water District. A well is being used to supply water to the kennel operation. Three additional pens have been constructed which are not shown on the recorded plat. The additional pens are in violation of Development Standard #11. These pens are located east of the turn-out pens and west of the training and exercise park. 880591 INTERNAL MEMORANDUM ON CURRENT ZONING CASES T0: Case File FROM: Brian J. Bungle NAME: L.E.A.D. Kennel, c/o John Birleffi LEGAL DESCRIPTION OF PROPERTY: Part of the W} of Section 13 . T6N, R65W of the 6th P.M. , Weld County, Colorado DATE: May, 5, 1988 TIME: p.m. CASE NUMBER: ZCII-36 Mr. John Birleffi called to discuss the letter he had received from this office indicating violations of conditions of approval and Development Standards of Amended USR-100. He indicated that he has purchased fence material to begin construction of the 300 x 400 x 300 foot fence to satisfy condition of approval #2. He indicated that the addition of runs is not an addition, but a division of existing runs and is not a violation of Development Standard #11 . He also indicated a difficulty in pursuing the North Weld County Water District tap until things could be worked out between the property owner. It was indicated that a review of the property would occur on June 3, 1988, for compliance. 880591 1 _Kerner Kennel Herb "Dutch" Koerner Route 1, Box 835 Phone(913) 625-5786 Hays, Kansas 67601 'lay 12, 1983 dell County Commissioners 915 10th Street Greeley, Colo. 80631 Chairman Lacy; I 'm writing in reference to the letter which was sent to L.E.A.D. , Inc. by Mr. Lingle of the Dept. of Planning Services concerning the farm improvements. As owner of the farm, I will be making the improvements. Duo to my heavy schedule with the National Greyhound Association during the months of April and May, I would appreciate an extension of thirty (30) days. I could have the improvements com- pleted by June 30, 1988. I would appreciate your consideration on this matter. Sincerely, KOERNER KENNEL Herb Koerner cc; Brian Bingle `I\' MAY 1 6 1988 J 880591 LJL add CG, Vlai,Aumy „caurivmr ZAIYE W. Pic woo' ATTORNEY AT LAW JUN 3 19W 1122 Ninth Street, #103 Greeley, Colorado 80631 (303)356-9771 June 1 , 1988 Mr . Bryan Bingle Weld County Planning and ZDning 915 Tenth Street , Suite 342 - Greeley , CO 80631 _ Dear Mr. Single: Re: LEAD , Inc . — Probable Cause Proceeding to Revoke Permit As you and the Board of County Commissioners know, I represent Doris L. Anderson, of 33968 Weld County Road 47 , Greeley , Colorado . Ms . Anderson is neighbors with LEAD , Inc . , which entity made an application for an amended special review permit to expand an existing dog kennel and was granted such permit on or about December 9 , 1987 . Doris Anderson sold her kennel to Herbert and Joanne Koerner , and has been in the greyhound racing business for some time. She therefore has been reluctant to Domplain about LEAD , Inc . ' s , noncompliance with the development standards for the special review permit adopted by resolution by the Board of County Commissioners . It is at this point that Ms . Anderson feels that she has no choice but to submit a formal complaint together with her allegations supporting her complaint . Ms . Anderson would further request that the Board of County Commissioners conduct a probable cause proceeding to determine whether or not the permit granted to LEAD , Inc . , on December -9 , 1987 , should be revoked . Tloris Anderson points out that six months has transpired from the time that the permit was given to LEAD , Inc . , to the present . The development standards were clear , and promises were made by tea. -• the principals of LEAD , Inc . , and in particular , John Birleffi, to carry out the requirements of the development standards . Still , no fence has been erected pursuant to the development standards . In addition, the facility is not kept in a cleanly condition, and in fact an open dumpster containing feces exists on the premises and noxious odors emanate therefrom. Of a primary concern , and most important , is the fact that Ms . Anderson for nearly two weeks now has been carrying in her own water , and she is tired of it . LEAD , Inc . , is not in compliance with the second and most important development standard , which provides that the water supply for the facility shall be limited to the North Weld County Water District . The development standards further provided that at no time shall the existing 880591 j Mr. Bryan Bangle Re : LEAD , Inc . June 1 , 1988 Page 2 wells on the site be used for the special review site unless authorized -by permit from the State Engineer Division of Water Resources . -Upon information and belief , Doris Anderson asserts that only the existing wells have serviced the LEAD, Inc . , kennels from the time the permit was obtained to the present . Ms . Anderson has indicated that she has contacted Vern Ledall , who always serviced her wells . She understands from Mr . Ledall rr . that the wells have been pumped dry due to heavy usage in the recent past . Ms . Anderson understands that further investigation -into the water resources needs to be done , but it is quite possible that she will need to personally contract with North Weld Water Conservancy District in order to supply her own personal needs at her residence . Doris Anderson regrets this turn of events , but believes that LEAD , Inc. , has not been a good neighbor . LEAD , Inc . , has used her propane to heat the dog kennels , has used her water , and has conducted its activity without regard to the rights and feelings of the neighbors and surrounding populous . 3lease notify me if a probable cause proceeding is held and if it is your desire to have Doris Anderson testify personally concerning these matters . Very truly yours , ne M. Pic Attorney at Law h 1, ':jtg h y )} pc : Doris L. Anderson Robert E. Ray, Esq. Kenneth Lind, Esq. 080591 INSPECTOR'S REPORT NAME: L.E.A.D. , incorporated, c/o John Birleffi LEGAL DESCRIPTION OF PROPERTY: Part of the W§ SW} of Section 13, T6N, R65W of the -6th B.M. , Weld County, Colorado. DATE: June 3, 1988 TIME: a.m. CASE NUMBER: ZCH-36 Inspection of the property showed Condition of Approval #2 requiring a fence on the south, west, and north property lines not installed. Development Standard #1 requiring the kennel to be serviced exclusively by North Weld County Water District has been satisfied. Lendall Brothers construction was in the process of making final installation. A Thone conversation at 4:30 p.m. , this same date, with Northern Weld County Water District confirmed that service was now available. >- -Br irci J $j fig-ler/ ur�T t:Planne�{ 88€ 591 DEPARTh _OF PLANNING SERVICES PHONE(303)356-4000£XT.4400 cto 5 10th STREET GREEDY,COLORADO 80631 I Wk. COLORADO June 6, 1988 L.E.A.D. , Inc. c/o John Birleffi 2056 26th Avenue Greeley, CO 80631 Re: 2CH-36 — Located in the W} SW} of Section 13, T6N, R65W of the 6th Y.M. , Weld County, Colorado. USR-100, Condition #2, as approved by the Board of County Commissioners. Dear Mr. Birleffi: The purpose of this letter is to summarize the different points which were discussed during our conservation on June 6, 1988 . During our discussion, we mutually agreed that the action s rhich needs to be taken to bring the approved Amended Special Review Permit USR-100 into compliance is: 1. Condition of Approval #2 required the construction of a 300 X 400 X 300-foot fence to be located on the south, west and north -property lines. A site inspection conducted on June 3, 1988, _revealed the fence has not been installed. So that we both understand one another's position, and for the purpose of documentation, the above item is to be completed and/or submitted to our office by June 20, 1988. This office is ready to be of any assistance in clarifying or answering further questions concerning this matter. Please telephone or write. Respectfully, r i e r nt anner 880591 INSPECTIONS REPORT NAME: L.E.A.D. , Inc. LECAL DESCRIPTION OF PROPERTY: W} SWi of Section 13, T6N, R65W of the 6th P.M. , Weld County, Colorado. DATE: June 20, 1988 TIME: 10:03 a.m. CASE NUMBER: ZCH-36 Inspection of the property showed a diligent effort has been made to construct the solid wood fence, though it has not been completed. The facility is very well kept and is in compliance with all other conditions and development standards. }an -7" _kind? e Cu /re"-Planner Hello