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Home My WebLink About850208.tiff RESOLUTION RE: APPROVE CONTINUATION OF SHOW CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT #537 - JAMES McDONALD 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 February 6 , 1985 , the Board of County Commissioners held a public hearing concerning a Show Cause Hearing for Use by Special Review Permit #537 , which amended Special Use Permit #443 , granted to James McDonald, on property located in the E' W# SWQ of Section 25 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS , at said hearing, the Board heard the testimony of those present and reviewed the submitted evidence, and WHEREAS , the Board then determined that this matter shall be continued to February 27 , 1985 , at 2 :00 P.M. , in the Chambers of the Board of County Commissioners, to further study the intent and purpose of the original Board hearing this matter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing concerning Use by Special Review Permit #537 , which amended Special Use Permit #443 , granted to James McDonald, be, and hereby is , continued to February 27 , 1985 , at 2 : 00 P.M. BE IT FURTHER RESOLVED by the Board that a new Notice shall be published concerning this matter. ri- Page 2 RE: SHOW CAUSE HEARING - MCDONALD The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of February, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST WELD COUNTY, COLORADO N Weld County Clerk and Recorder \ and Clerk to the Board u ine J nson, Chairman Br(,a��JntYnO, IS BY. d l t; t Jir . erF Pro-Tem De uty County C erk APPROVED AS TO FORM: C.W. r " .2 - o L r fize.,- , a County Attorney Aee "rank ama c i HEARING CERTIFICATION DOCKET NO. 84-84 RE: SHOW CAUSE HEARING FOR USE BY SPECIAL REVIEW PERMIT #537, WHICH AMENDED SPECIAL USE PERMIT #443 — JAMES McDONALD A public hearing was conducted on February 6, 1985, at 11:00 A.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 Director of Planning Services, Chuck Cunliffe The following business was transacted: I hereby certify that pursuant to a notice dated November 26, 1984, and duly published December 6, 1984, in the La Salle Leader, a public hearing was conducted to consider the revocation of Special Use Permit #443, which was amended by Use by Special Review Permit #537, for James McDonald, et al. Lee Morrison, Assistant County Attorney, made this matter of record. Chuck Cunliffe, Director of Planning Services, gave a short summary concerning this matter. He said the Planning staff is now seeking input from the Board as to whether or not it agrees with the staff's interpretations of the six Development Standards which were cited. Mr. Cunliffe said Item #3, concerning the toilet facility, has been resolved. He said further concerns are that Mr. McDonald has not yet submitted the plat for USR #537 and the fact that during the on-site inspection, it was noted that there appears to be an additional airstrip which is not shown on the plat for SUP #443. Mr. Cunliffe said that the Board has three options which they can consider at this time: 1) revoke the permit; 2) allow the applicant additional time to come into compliance; and 3) allow additional time to submit an amended Use by Special Review plat. Mr. Cunliffe questioned whether USR #537 is in effect because the plat has never been submitted for recordation. After discussion, Mr. Morrison said that it is his opinion that USR #537 is in effect and is the prevailing document for this matter. James McDonald was present and came forward. He commented on each cited Development Standard. Exhibits concerning this matter were submitted by Mr. Cunliffe and by Mr. McDonald. Let the record reflect that a short recess was called by the Chairman. (Tape Change #85-13) The Chairman called for public testimony at this time. Ed Herson, a neighbor of Mr. McDonald, came forward and offered comments. Mr. Herson discussed each cited Development Standard. Following considerable discussion, Commissioner Lacy moved to have the Board and the Attorney go into Executive Session to make Findings of Fact. Commissioner Kirby seconded the motion which carried unanimously. Let the record reflect that the Board went into Executive Session at this point. When the public hearing was reconvened, Chairman Johnson explained that the Board had met in Executive Session to confer with Mr. Morrison concerning legal definitions of certain matters and to review the facts which have been found thus far. Chairman Johnson said that the Board feels it necessary to further review the earlier records concerning this matter. Commissioner Lacy moved to continue this hearing to March 6, 1985, at 2:00 P.M. in order to further study the intent and purpose of the original Board hearing this matter and have a new Notice published. Commissioner Brantner seconded the motion. Mr. McDonald came forward to say that he would not be in town on that date. Commissioner Lacy then amended his motion to continue the hearing to February 27, 1985, at 2:00 P.M. Commissioner Brantner agreed with the amendment. The motion carried unanimously. /j -�,/� APPROVED: ATTEST: '7 i at.. . �lP//y✓ BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J ue ne John n, Chairman $y, ep ty County C er ene R. Brantner, Pro-Tem C.W. i Gordo Lac/ �i r Frank ama• 'chi TAPE #85-12 & #85-13 DOCKET #84-84 LHR 2049 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : .;.)/4.,/ g DOCKET #84- 84- Show Cause Hearing, James McDonald DOCKET # DOCKET # PLEASE write or print legibly your name, address and the SOC n (as 1__tcd above) or the acolicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING eyn c'' i2vi ten, - t"'o7- 4.)eldS & /X sy vnanneca, at.4„ • 4: 42e)yea-eliAlodf>•-, ,cc e de-z S 7J3 . "o/d-// CkaA 7D-so/ .JD aze - - ,,tuteeztmac. are 7 a � 0�1r6-21 - )997 . zt - /2 a- 02 ' uz . -2% "-" , az) daicit-e: J Cad/ 7:L .. . > ��sY • tejr121--,- EXHIBIT #2 Submitted at hearing on 2/6/85 by James McDonald q /961i EXHIBIT #3 Submitted at hearing on ��- 2/6/85 by Chuck Cunliffe 61. 9 !'G/' - C --- ---- --— --� L_:-.J - - _. _•_. l- '-�-c�-..�d dal -�Y� gay ii'/_ ` .1/4—)74-946-ler"at-1r g-e-ne:oe-e-4—€7-:01:z-- 4,,c. o E G air C E 27 1984 Weld Co. 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P4c41No NE//? /44Q4cd/N7.6-s Z1/ O.'WE,q 7"0 Co/t/r4oZ T</E ,0AR/XJNc /4RCA £A/COQR,46/,V6 7-#4- ovfPERS ro 4 tt, rvs-i/T vr/f/c/E-s /n/ ewe- Ace4,2ors: Lao pgo oos,- 7-0 N.G/.vr.v/4/ rf/E ≤an ce- ,Q ex,4D/A/c TNt GRrru vp �lERj/ .mew w,cg4-5 .4s N,4yg 6cA/r /y y-//5 404 5 i , 441) .f/er s)READ 6R/N/sh Dz'g,Q ,4,V 07/45mDJ/SE Scf/rq$.CE 4451 TH,gr (-vetet,D cguSE pm 845,4/5 rem 'r///4" ,d4R//ec JurE o/0/=R/t r/roog. Tow- %C( FA/t rue CO/(/S/DFfA 7-tog ©,c Tiff/S mArJ A, JO4EASE coyrycT MS IF you ,t'SrO //Ny ,.OD/, cNAG tjFl R II PA( /?rsAEcrF// y 'Al c l c: MR DAMES Afc,orm,C/,0 �_ _ __ _,.. SEP221982:,� � . M_ .... _' Weld Co. Planning Commission iF i: 1( it it f d..4---te--414 —4t i S-'2-f--;-- le4::::+-ep ......f.-t-s • • I . 77444.4. r It r . $vSo t IE INSPECTION REPORT Name James McDonald No. SUP-433:80:33 Legal Description of Property Ell W1 SW1, Section 25, T2N, R68W of the 6th P.M. Date October 29. 1982 Time a.m. Inspection of the property since I last visited the site indicated that fence posts had been put in, but no fence had been erected. Two (2) portable toilets are present on the property. Accesses to the property were not identified. No signs were located on the property concerning the operation. No storage tank for water was observed. Some construction was taking place on the existing 20' x 30' building on the south end of the property. A blue trailer that had been attached to the north side of the building had been moved away from the building to allow for the remodeling. An adjacent property owner, Ed Herson, stopped me as I was leaving the property. He indicated he objected to the fence being erected because it would prevent him from taxiing his airplane between the runway and his property. Chuc un if e, Director CC:rg Department of Planning Sery es LONGMONT FIRE PROTECTION DISTRICT „ �':P i � 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 44•4 \fECT1oN Feb1uaky 1 , 1985 EXHIBIT #4 submitted at hearing on 2/6/85 by Chuck Cunliffe Chuck Cunti6ie Weld County - Depai.tment o4 Planning SeAuLcea 915 10th Sfiicee-t GAeeley, CO 80631 REF: USR-531:82:52 Dean MA. Cunli.bbe, Obaekvatton at the FAedehick/FAh.estone A.Ucpo/,t on Thuk6day, Januaky 31 , 1985, Revealed a need bok additional iike piotectLon and modiiicatLon .to exio ing wate) atoaage tank. Addi tonal time Az Aequiied to make a complete 6A4e pno.ecti.on/ pneventi.on Lnapec tton and evaluate haza'd.s that may be encountered .in a-ea-s we we7e unable to v-iaLt duping the walk. thhough. The LnapectLon AA planned so/ the week o4 Febkuaky 10-16, 1985 ptovLding MA. McDonald allowa ue to Lnapeat the entihe pkemiaea . 14 you have any queati.on-5, please contact .thin o64ice. SLneehely, William R. Ernenaon F.ihe Mak4hal, LFPD WRE/vdb cc: Lee D. Monniaon If fti C I Board o4 D.ihectoM (5) Seacetwty/Attorney ChLet BLekwLlei Weld Co. Planning Cummissiuu Fite (3) y / � L ;141 it" 3 \ ,, ,,: )). 7).410,44t Izt I! ( !I ` a Y \ ( �'' k i k� \. J 4 las 0..; + �`� % �l . ! ,, .0-- \ , \ \ ri �5}rifIt -I--iks. \ /1 \ . 14*..7. 1 + `If + - TA , ,c/ 0 0- + FI, Ca .c" tr 43 s (.� tibia 4 ell 21 is* ' ' • 3 - � gw lifi ir \ ... .r` A. Ic tri 4 3 S' 0-k) M r s 2 �.s r `' Q.) x twJ A1r K ( N' >- o ia �' °t •C C.) .C 4ro Z 1 Pfp+ Y r ► n \ V-) in L / U) N 6. : J - Ai Hello