HomeMy WebLinkAbout850640.tiff RESOLUTION
RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING TO CONSIDER
REVOCATION OF USE BY SPECIAL REVIEW #511 ISSUED TO ARNOLD AND
BEVERLY TETER
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 October 16 , 1985 , a Show Cause Hearing was
conducted to consider revocation of Use by Special Review #511
issued to Arnold and Beverly Teter, and
WHEREAS, the Board, after hearing the testimony, deems it
advisable to continue said Hearing to December 4 , 1985 , at 2 :00
-p.m. to allow Arnold and Beverly Teter to apply for an Amended Use
by Special Review, and
WHEREAS, the Board further deems it advisable that the Board
conduct an on-site inspection of said property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Show Cause
-Hearing to consider revocation of Use by Special Review #511 ,
issued to Arnold and Beverly Teter, be, and hereby is , continued
to December 4 , 1985 , at 2 :00 p.m.
BE IT FURTHER RESOLVED that the Board conduct an on-site
inspection of the subject property.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
October, A.D. , 1985 .
l BOARD OF COUNTY COMMISSIONERS
ATTEST: I�/ `1 _,t_ WELD COUNTY, OLORADO
kiffWeld County Clerk and Recorder
and Clerk to the Board Ja que`: ne Joh: on, Chairman
{�
n
n
BY: lvp /,Jy ..On'n; �1 fJ; Gene R. :rantner, Pro-Tem
Deputy County Clerk
APPROVED AS TO FORM: C.W. K1 r
Gaped . Lacy
County Attorney EXCUSED DATE OF SIGNING (AYE)
Frank Yamaguchi
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850640
I
HEARING CERTIFICATION
DOCKET NO. -85-73
RE: SHOW CAUSE HEARING TO CONSIDER THE REVOCATION OF USE BY SPECIAL
REVIEW #511 ISSUED TO ARNOLD AND BEVERLY TETER
A public hearing was conducted on October 16, 1985, at 2:00 P.M. , with
the following present:
Commissioner Jacqueline Johnson, Chairman
Commissioner Gene Brantner, Pro-Tem
Commissioner C.W. Kirby
Commissioner Gordon E. Lacy
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Keith Schuett
The following business was transacted:
I hereby certify that pursuant to a notice dated September 18, 1985,
-and duly published October 3, 1985, in the Johnstown Breeze, a Show
Cause Hearing was conducted to consider the revocation of Use by
Spacial Review permit #511 issued to Arnold and Beverly Teter. Lee D.
Morrison, Assistant County Attorney, made this of record. Keith
Schuett, representing the Planning Department, said the Planning staff
recommends that USR #511, issued to Arnold and Beverly Teter, on July
28, 1982, be revoked because _Standards No. 1, 3, 4 and 5 are not being
complied with. Arnold and Beverly Teter -came forward to answer
questions of the Board. In regard to Standard No. 3, Mrs. Teter asked
for the definition of "noxious weeds". Mr. Schuett _read the definition
into the record. Chairman Johnson suggested that the site be inspected
to determine whether noxious weeds exist there. Following -further
discussion, Commissioner Lacy moved that the Board conduct an on-site
inspection of the property and that the Teters be allowed until
-December 4, 1985, to apply for an Amended USR. Commissioner Yamaguchi
seconded the motion which carried unanimously.
-This Certification was approved on the 21st day of October, 1985.
APPROVED:
e, r.. BOARD OF COUNTY COMMISSIONERS
ATTEST: III , i „ l-v { �,�y WELD COUNTY, COLORADO
Weld County Clark and Recorder
and erk to the Board J cqq e� ne Job n, Chairman
BY: i C(7al, kiU � II['g
Deputy County Cldrk ene R. Bra the -Tem
-trG
C.W. it
G r . Lacy
EXCUSED
Frank Yamaguchi
TAPE #85-90
DOCKET #85-73
I.HR 2130
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A 'r T E N D A N C E RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS : OCTOBER 16, 1983
-DOCKET #85-69 - COZ (PUD TO A) H. GORDON JOHNSON, ET AL
DOCKET #85-70 - EOZ (Z-3 TO C-3) 13ENNIS R. MUCK
DOCKET I1185-72 - SERVICE PLAN - ST. VRAIN SANITATION DISTRICT
DOCKET #85-73 - SNOW CAUSE - ARNOLD & BEVERLY -PETER
DOCKET #85-77 - USR (AGRICULTURAL SERVICE OPERATION ) JOSE A. GONZALES
DOCKET #85-78 - USR (TRY, OPEN-CUT SAND & GRAVEL OPERATION) RICHARD M. SWINNEY
PLEASE write or print legibly your name , address and the DOC _ (as -__tied
above) or the applicants name or the hearing you are attending .
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NOT I C E
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 913 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in the matter are requested
to attend and may be heard.
Should any interested party desire the presence of a certified court
reporter to make a record 9f the proceedings, in addition to the taped
record which will he kept during the hearing, the Clerk to the Board's
Office can be contacted for a list of certified court reporters in the area.
If a court reporter is obtained, the Clerk to the -Board's Office shall be
advised in writing of such action at least five days prior to the hearing.
The -cost of engaging a court reporter shall be -borne by the requesting
party.
BE IT ALSO KNOWN that the text may be examined in the office of the Clerk to
the Board of County Commissioners, located in the Weld County Centennial
Center, 915 10th Street, Third Floor, -Greeley, Colorado.
DOCKET NO. 85-73 Arnold and Beverly Teter
P.O. Box 251
Hudson, Colorado 80542
DATE: October 16, 1985
TIME: 2:00 P.M.
SUBJECT: Hearing to SHOW CAUSE for revocation of Use by Special Review #511
LEGAL DESCRIPTION: Part of the NWT , Section 2, Township 1 North, Range 65
West of -the 6th P.M. , Weld County, Colorado
ISSUES: 1. Whether or not Operation Standards 1, 3, 4 and 5 are being
complied with.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND -RECORDER
AND CLERK TO SHE BOARD
BY: Mary Reiff, Deputy
DATED: September 18, 1985
PUBLISHED: October 3, 1985, in the Johnstown Breeze
AFFIDAVITOF PUBLICATION
NOTICE / THE JOHNSTOWN BREEZE
Pursuant to the zoning laws of STATE OF COLORADO 1
' the State of Colorado and the 1 SS
Weld County Zoning Ordinance
a public hearing will be held in, COUNTY OF WELD I
the cryambers of the-Board of I, Clyde Briggs, do solemnly swear that I
Cwrnty Gommtdsloners of Weld am publisher of The Johnstown Breeze;
-'County, colorant, weld Cou0ty that the same is a weekly newspaper
"Centennial Censer, 915 10th
;Om, First Floa, ,G eeley, printed, in whole or in part, and published
DOittplus Orson,
the urns s manner a„ in the County of Weld, State of Colorado,
Aft aSt in e meany eti,
Inttested m the matter are and has a general circulation therein; that
ii reard. 5t attend and maybe said newspaper has been published
heard.
continuously and uninterruptedly in said
Should any interested party County of Weld for a period of more than
desire the presence of&certined' fifty-two consecutive weeks prior to the
--- - court re to make a record
of the proeeedinga,in addition to first publication of the annexed legal notice
the taped record which will be or advertisement; that said newspaper has
kept during the hearing, the
Clerk to the Board's Office can been admitted to the United States mails as
be contacted-for a list of certified the Act of March 3, 1879, or any
p
court re rters in the area. Ira second-class matter under the rovisions of
court reporter is obtained the
Clerk to the,Board'e-office shall amendments thereof, and that said
be-advised in writing of such newspaper is a weekly newspaper duly
action at least five days prior tt
the hearing.The cost of engaging qualified for publishing legal notices and
axourtreporter shall be borne by advertisements within the meaning of the
the requesting party. -
laws of the State of Colorado.
BE IT ALSO KNOWN that the That the annexed legal notice or advertise-
text may be examined In the ment was published in the regular and
office of the Clerk to the Board of
County Commissioners, located entire issue of every number of said weekly
in the Weld County Centennial newspaper for the period of .1... consecu-
Center, 915 10th Street, Third five insertions; and that the first
Floor, Greeley Colorado.
DOCKET NO. 85-73 publication of said notice was in the issue oL
said newspaper dated .(0/3, A.D. PAS,
Arnold and Beverly Teter and that the last publication of said notice
P.O. Box 251 was in the issue of said newspaper dated
Hudson, Colorado_80642 A.D. 19
DATE: October 18, 1985 In witness whereof I have hereu to set
TIME: 2:00 P.M. my hand this E0 day of pc-
A.D. 19..9c
SUBJECT: Hearing to SHOW
CAUSE for revocation of Use by
Special Review No. 511
LEGAL DESCRIPTION: Part of / Publisher
the NWY.,Section 2, Township 1
North, Range 85 West of the 8th
P.M., Weld County, Colorado
Subscribed and sworn to before me, a
ISSUES: 1. Whether or not
Operation Standards 1, 3 4 and Notary Public in and for the County of
5 are being compiled with. Wel� e.�ate of Colorado, this ../7... day of
BOARD OF COUNTY 13/ — A.D. 19. ._
COMMISSIONERS
WELD COUNTY,.
COLORADO ,,�� Lv_L 4,1;42
MARY ANN Notary PublicFEUERSTEIN
COUNTY CLERK AND
RECORDER AND_CLERK
TO THE BOARD My commission expires
BY: Mary Reiff. Deputy tA✓ C - s Lae 14, 198?
DATED: September 18. 1985 : .
2. o.. , ,Lrl ,�. P
PUBLISHED: October 3, 1985. in )"i',,..i-z"'
the Johnstown Breeze
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SHOW CAUSE
DATE: October 16, 1985
CASE #ZCH-15:85: 15
USR 511:82:26
NAME: Arnold & Beverly -Teter
ADDRESS: P.O. Sox_ 251
Hudson, CO 80642
LEGAL DESCRIPTION: Pt. NW' of Section 2, TiN, R65W 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 USR-511:82: 15 are not in compliance.
#1. The use was to be limited to storage of farm machinery and agricultural
products. Located on the property .was a tractor trailer with a
bulldozer. The truck had a logo on the side that stated "Teter Oil
Field Construction Company." A pipe storage area is located to the
south of the building. _Three sign are located on the property that
state "Teter Oil Yield Construction Company."
#3 Operation Standards for use by Special Review - Section 24.6. 1.6 of the
Weld County Zoning Ordinance is not in compliance. The growth of
noxious weeds are -over 12 inches high on s large Tortion of the Use by
Special Review area.
#4 The Use by Special Review is to be limited to the plans shown and
governed by the standards. Any material deviation from the plans
and/or standards require the approval of an amendment. No amendments
have been made to this Use by Special Review permit.
#5 The property owners and/or operators are responsible far complying with
all of the standards. All standards have tot been complied with.
Babed upon the _information, the Department of Planning Services staff
recommends that the Board of County Commissioners consider revocation of
US-R-511:82:15.
ITS f III IT
CASE SUMMARY
ZCH-15:85: 15
August 2, 1982 USR-511:82:16 was approved by the Board of
County Commissioners.
July 23, 1985 The property was inspected. It was
determined -that Standards # 1, 4, and 5 are
not in compliance.
July 26, 1985 Letter was mailed to Mr. & Mrs. Teter
requesting compliance within 30 days.
August 1, 1985 While making inspections in the area it was
observed that 3 trucks with the logo "Teter
Oil Field Construction" on them were parked on
the property.
August 27, 1985 The property was inspected. It was
determined that Standards #3 in addition to 1 ,
4, and 5 are not in compliance.
August 29, 1985 Notice of September 18 Probable Cause Hearing
was mailed.
September 18, 1985 The Board of County Commissioners determined
that there was sufficient probable cause to
schedule a show cause -public hearing.
September 25, 1985 Notice of the Show Cause Public Hearing was
mailed.
September 29, 1985 Notice of the hearing was received.
��1 NIli
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