HomeMy WebLinkAbout880985.tiff RESOLUTION
RE: APPROVE FINDINGS OF BOARD CONCERNING SPECIAL USE PERMIT #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 October 12 , 1988 , a Show Cause Hearing was
conducted to consider the revocation of Special Use Permit #738 ,
issued to Jack Tatum on August 20 , 1986 , and
WHEREAS , the Board was advised by the Department of Planning
Services that Jack Tatum is in violation of Development Standard
#3 , which concerns the implementation and maintenance of a row of
trees on the north boundary of the storage and work area as
indicated on the Use by Special Review plat, and
WHEREAS, Jack Tatum was present at sai.d Hearing, 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 the violation of
Development Standard #3 , and
WHEREAS, the Board deems it advisable that a Landscape Plan
shall be submitted by Mr. Tatum to the Department of Planning
Services and reviewed by the Board on November 7, 1988 .
NOW, THEREFORE, BE IT RESOLVED that the Board of County
Commissioners of Weld County, Colorado, does Find that Jack Tatum
is in violation of Development Standard #3 of Use by Special
Review Permit #738 .
BE IT FURTHER RESOLVED by the Board that Mr. Tatum shall
submit a Landscape Plan to the Department of Planning Services,
said Plan to be reviewed by the Board of County Commissioners on
November 7 , 1988 , at 9 :00 a.m.
880985
Page 2
RE: SHOW CAUSE HEARING - TATUM
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 12th day of
October, A.D. , 1988 .
Ia ( pJ BOARD OF COUNTY COMMISSIONERS
ATTEST: I WEL OUNTY, COLORADO
Weld County Clerk and Recorder htil/L
and Clerk to the Board Gene R. Brantner, Chairman
EXCUSED DATE OF SIGNING (AYE)
-Prtiy07?cm,L4 o .6.�ina C.W. Kirby, Pro-Tem
eputy County erk
APPROVED AS TO FORM: a que ' n nson
(11Mti Off/ AI
l
County Attorney
Frank Yamaguchi
880985
HEARING CERTIFICATION
DOCKET NO. 88-59
RE: HEARING TO SHOW CAUSE FOR REVOCATION OF USE BY SPECIAL REVIEW #738
FOR WOOD CUTTING AND PROCESSING OPERATION — TATUM
A public hearing was conducted on October 12, 1988, at 9:00 A.M. , with
the following present:
Commissioner Gene Brantner, Chairman
Commissioner C.W. Kirby, Pro—Tem
Commissioner Jacqueline Johnson
Commissioner Gordon E. Lacy
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, Bruce T. Barker
Planning Department representative, Brian Bingle
The following business was transacted:
I hereby certify that pursuant to a notice dated September 21 , 1988,
and duly published September 28, 1988, in the Platteville Herald, a
public hearing was conducted to consider the revocation of Use by
Special Review #738, wood cutting and processing operation, issued to
Jack Tatum on August 20, 1986. Bruce Barker, Assistant County
Attorney, made this matter of record, saying that a Probable Cause
Hearing was conducted on September 21, 1988. Brian Bingle,
representing the Planning Department, said Mr. Tatum has corrected
Development Standards #7 and #11, but is still in violation of
Development Standard #3, which concerns the implementation and
maintenance of a row of trees on the north boundary of the storage and
work area as indicated on the Use by Special Review plat. Jack Tatum,
the applicant, came forward to make comments and answer questions of
the Board. Mr. Tatum requested that Lot A be deleted from the Use by
Special Review permit. He was advised that this would have to be
presented to the Planning Department as a request for a change to the
original permit. Mr. Tatum said he does have 16 evergreen trees
planted and when they have grown, they will completely screen the area.
(TAPE CHANGE #88-50) Commissioner Kirby said it will take years for
this type of tree to grow and he suggested that it may be necessary to
plant a faster growing tree at this time in order to have screening
sooner than 20 to 30 years. Mr. Tatum said the trees, with the
exception of maybe two, are approximately 7-8 feet high at this time.
Mr. Bingle said on October 12, all of the trees were approximately 3
feet in height. Mr. Tatum said, if the Board feels his trees are not
adequate screening, he is willing to do something different in order to
come into compliance. Commissioner Johnson pointed out to Mr. Tatum
that the plat does say that both Russian Olive and pine trees would be
planted at this site for screening. Ivan Bader, adjoining landowner,
said he was here only because he had received a notice that this
hearing was to take place, but he had no recommendation at this time.
Commissioner Lacy moved to Find that Jack Tatum is in violation of
Development #3 of Use by Special Review permit #738, the trees which
have been planted are inadequate because they are not tall enough and
not properly spaced for screening, and that this be continued to
November 7, at 9:00 a.m. , at which time the Board will consider a
Landscape Plan which Mr. Tatum shall submit to the Department of
Planning Services for review. The motion was seconded by Commissioner
Johnson and carried unanimously.
880985
P
Page 2
RE: CERTIFICATION - TATUM
This Certification was approved on the 17th day of October, 1988.
APPROVED:
711)2Ddrayt,tAt BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder Aft
, erelielAti
and Clerk to the Bo /, Gene R. Brantner, Chairman
By: e714-41-4'0, ,l_c:y..4_) FxCTISF.D
eputy County C rk C.W. Kirby, Pro-Tem
ac.uel e oh s
r
Go •o . Lacy
�Y" u�cF ^f�/j'Frank
TAPE #88-49 & #88-50
DOCKET #88-59
PL0058
880985
SHOW CAUSE
DATE: October 12, 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 USA-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
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
o,,O, *I SA
SHOW CAUSE
DATE: October 12, 1988
CASE #ZCH42
NAME: Jack and Shirlene Tatum PROPERTY OWNER: Jack Tatum
ADDRESS: 10490 U.S. Highway 34 ADDRESS: 10490 U.S. Highway 34
Greeley, CO 80631 Greeley, CO 80631
LEGAL DESCRIPTION: Lot A and B of Recorded Exemption #342: 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 standard as approved for Case Number USR-738, is 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.
Field inspection has found 15 trees to be planted. These trees are 2 feet 6
inches in height and spaced at approximately 15 foot intervals.
The existing landscaping is not considered adequate screening.
Based upon this information, the Department of Planning Services' staff
recommends that the Board of County Commissioners consider an extension to
give the applicant time to meet this Development Standard.
INSPECTIONS REPORT
NAME: Jack and Shirlene Tatum
LEGAL DESCRIPTION OF PROPERTY: Lots A and B of Recorded Exemption #342
DATE: October 10, 1988 TIME: p.m.
CASE NUMBER: ZCH-42
Inspection of the property showed most of the discrepancies of the
Development Standards to be now in compliance.
The stored material has been relocated to the storage area.
The green and white bus is being used for the storage of personal belongings
for an employee. This bus is not being used as a residence according to Mr.
Tatum. He indicated that he would submit a certified letter to that effect
at the County Commissioners meeting.
The landscaped area as shown on the plat indicates 30, more or less, trees
to be planted. Total trees counted are 15. These trees are roughly 2 feet
6 inches in height and spaced at approximately 15 feet.
Br
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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, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in the hearing to show
cause are requested to attend and may be heard.
Should any interested party desire the presence of a court reporter to make
a record of the proceedings, in addition to the taped record which will be
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 and maps so certified by the Weld County
Planning Commission 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. 88-59 Jack Tatum
10490 U.S. Highway 34
Greeley, Colorado 80634
DATE: October 12, 1988
TIME: 9:00 A.M.
SUBJECT: Hearing to SHOW CAUSE for revocation of Use by Special Review #738
— Wood cutting and processing operation
LEGAL DESCRIPTION: Part of the NWi of Section 11, Township 5 North, Range 67
West of the 6th P.M. , Weld County, Colorado
ISSUES: 1. Whether or not the applicant is maintaining a row of trees on
the north boundary of the storage and work area, as required
by Development Standard #3.
2. Whether or not a vehicle, without proper zoning or building
permits, is being used as a residence, which would be a
violation of Development Standard #7.
3. Whether or not the areas designated on the Use by Special
Review plat as storage area and pasture are being utilized as
indicated in the application. If not, this would be a
violation of Development Standard #11.
HOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
-BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
IDATED: September 21, 1988
PUBLISHED: September 28, 1988, in the Platteville Herald
890472
-_ ' NOTICE ''
Affidavit of Publication pursuant to the zoning laws of T x
the'State.04. 0elotsda`rand'the
Wild County Zoning Ordinance, a
public hearing will be held in the
•
Chambers of the Board of: County � - '
Commissioners of Weld County, ..
Colorado, Weld County Centen- I-- ; OCT 1988
ISM Center, 915 10th Street, First
-STATE OF COLORADO U 1T Y
County
Floor, Greeley All Colorado, ian the Ijtf
C J of WP SS, time manner inters pe s-ne in any LLj..IILL;53 interested in file •^Heins • '._.._..-m G..-,r,:
to show cause are reques.,.: to
1 A.Winkler Riesel of said County of Weld being duly sworn,say attend and may be heard. CREEL-1W. CG!v.
that l am publisher of Should the applicant deire h ..
lerested party desire the't•;—
Platteville Herald ence of a court reporter to so.. ..
record of the proceedings. I' ad-
that.the same is a weekly newspaper of general circulation was , dition to the-taped recore which
printed and published In the town of will be kept during the 'warm
Platteville can be contacteed Board's
arlist of cer
tilled court reporters in the area.
in said county and state that the notice of advertisement,of which If a court reporter is obtained, the
the annexed is a true copy has been published In said weekly Clerk to the Board's Office shag
newspaper for be advised in writing of such ac,
tion at least five days prior to the
62-,,,NA.— hearing. The cost of engaging a
consecutive weeks: court reporter shall be borne by
that the notice was published in the regular and entire Issue of every the requesting party.
number of said newspaper during the period and time of publication BE IT ALSO KNOWN that the
_of said notice and in the newspaper proper and not in a supplement text and maps so certified by the
Weld County Planning Commis-
thereof-that the first publication of said notice was contained In the lion may be examined in the of-
issue of said newspaper bearing the date of
{ (I - ` lice of the Clerk to the Board •of
a f A.D..199d County Commissioners,Co tnty Itcnnia
CC�A� ff, and the last publication ted
in the Weld County Centennial
Center, 915 10th Street, Third
th in the Issue of said newspaper.lxarmg date, Floor, Greeley, Colorado.
the �'-21' day l of DOCKET NO. 88-59
^^1"" 191/ that the said Jack Tatum4
1 U.S. Highway 34
l1 Greeley, Colorado 80634
I DATE: Octooer 12, 1988
has been published continuously and uninterruptedlyduring the TIME: 9:00 A.M.
period of at least fifty-two consecutive weeks next prior to the first SUBJECT: Hearing 10 J H OW
issue thereof containing said notice or advertisement above referred CAUSE for revocation of Up., by
to: and that said newspaper was at the time of each of the Special Review #738-Wood rut.
publications of said notice duly qualified for that purpose within the tins and processing operanen
meaning of an act entitled. "An Act Concerning Legal Notices. LEGAL DESCRIPTION,' Part of
Advertisements and Publications and the Fees of Printers and the NW 1/4 of Section it I own-
Publishers thereof, and to Repeal all Acts and Parts of Acts ships North, Range s: West of
Connie with ons ofth t" 7.1921. the 6th P.M., Weld County. Col
all en e f.and y en d by act orado
SS
ISSUES:
7 .and a .193 . - i. Whether or not the applicant
is maintaining a row of trees on
the north boundary of the storage
C.,'
Publisher and workWhether or not a vehicle,
area, as required by
♦p Development Standard #3.
PO da of 2.
$u a ed and sworn to be stre me this ywithout proper zoning or building
A.D. 19 FI permits, is being used as a resi-
dents, which would be a viola.
n lion Whether
or
N thea eau
3.is n of Development
sr netStandard areas
'a.- designated en.ors WSllt y Special
Notary Public
Review pat as a art and
FOR LUPTO PRESS dic fed are eNpg sawn If not.
dii s w l the app
Cub DB^wr Sun this would he a violationdin. of De- AND :LENS TO THE BOARD
Foil Lupton,CO 80621 velopnrant standard aft.
BY: Mary Rein. Deputy
BOARD OF COUNTY COMMIS-
•
STONERS DATED: September 21, 1998
WELD COUNTY, COLORADO
My commission expires June 1992 BY: MARY ANN F[-tIERSTE.IN Published in the ,P 198ville Her.
,ppr� COUNTY CLERK aid. September 28,
My Commission expires June 30, 1.792 AND RECORDER
691 4 7
-Weld County -Dept of Planning Services 10490 Highway 34
-915 - 10th Street Tr;,;1 i440reeley, CO 80634
_Greeley, CO 80631
..I � "� Sp?gmber 30, 1988
Board of County Commissioners 1 � �` ₹Weld County Colorado ! OCT 4 1988
P. 0. Box 758
Greeley, CO 80632
Today I received in the mail a copy of your Resolution concerning your
-decision to set a show cause hearing for use by Special Review #738 - Jack
Tatum.
In the above mentioned document you stated a probable cause hearing was held
on September 21, 1988, and that I was neither present, nor represented. For
the record, I would like it to be known that I and my wife were on vacation
from September 14 and only returned the evening of September 27, 1988.
Because of this, we had no knowledge of the above mentioned meeting, so we
could not make any preparations or arrangements for it.
In some ways we are looking forward to this upcoming meeting on October 12,
because it's time to clear some things up so we can concentrate on our
wood processing business instead of the constant barrage of complaints and
-requests from the Weld County offices. The main source of these complaints
stems from a problem with Item #11 in the Development Standards.
It is understandable why the Commission needs to approve any change made
from the original approved plan as far as it affects the wood processing
area. What is not understandable is why my entire property is under these
same regulations and restrictions that were made solely in reference to
this wood processing operation.
I -want this correction made on the plans to remove my pasture and living
area from the control and restriction imposed by this Special Review permit.
Item #1 of the Development Standards clearly states 'this Use by Special
Review permit is for a wood cutting and processing operation' ; it should not
be for my entire property.
As for the row of trees on the north boundary of the storage and work area,
we are maintaining them to the best of our ability and to the extent our
finances and water supply will support. I made myself clear on this point at
a previous commission meeting, and thought it was understood. There is no
-point in setting out a number of small new trees, only to watch them die. I
intend to keep the 16 trees I have planted growing and once they have a solid
mature root system where they can survive on less water, I will plant another
group to meet the requirements I agreed to in the Development Standards.
Since returning from my vacation, I have been working on removing items
stored in the area now designated as pasture land and have done well. This
should show my intentions are good towards working with you. I hope we can
find a solution that is agreeable when we meet on October 12, and look
forward to reasonableness on both our parts at that time.
_Sincerely,
CxNi� //7T C r
cc: file Jack H. Tatum 830472 '
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