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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 r r l C 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 I +f C_. 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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NI l4 ' P�' ttif (� G "weitt r I fi iala- FO-9D1 `ff�Z / / Opc4 t pip_(---/1/_./.5.e, ire-e) 5 y=;jhs j5 ice/ ‘-' C19r l 2 c e t ,4.144, i _ --once >c r/J . , 3 0q_//iecz ��i-..C aim !i CeD4- vL 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 11,. . ..Ti l I \ 2= ) _ No 1 2 \ }/ / " g ) ) " 4 > � ^ \ 23 � |_ I • I8 12 f } M2 ) / , _ . ]� al 5O « •� p _ § \\ \\ \ , \ \ \ q \ } ° \ / $'j \ � ; _ . !_ LU \\ ( / \ \ } )\ \ 8 |!f i ! A | em - ` �E_ �, _. s `f }�t t . . --r _ / llaX � k ; Pi-�®tayNM m « . / , _ .�_NR_T .. . �. \/ ill 11r 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 Hello