HomeMy WebLinkAbout920352.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING TO CONSIDER REVOCATION OF
COMMERCIAL UNIT DEVELOPMENT #Z-312 - LYLE J. AND BETTY L. PICRAUX
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 March 25, 1992, a Show Cause Hearing was conducted to consider
revocation of Commercial Unit Development #Z-312, issued to Lyle J. and Betty L.
Picraux, and
WHEREAS, Lyle J. and Betty L. Picraux are the owners of the facility
located on property described as part of the SW; SW! of Section 32, Township 1
North, Range 68 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, at the hearing of March 25, 1992, the Board deemed it advisable
to continue said matter to April 22, 1992, and
WHEREAS, at the hearing of April 22, 1992, the Board deemed it advisable
to continue said matter to June 17, 1992, at 10:00 a.m. , to allow staff time to
review Mr. Picraux's proposed changes, and that Mr. Picraux continue to work with
the fire department and cleaning of the pond.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing concerning the revocation of
Commercial Unit Development #Z-312, issued to Lyle J. and Betty L. Picraux, be,
and hereby is, continued to June 17, 1992, at 10:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 22nd day of April, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO 444 Weld County Clerk to the and L
urge Ken dy, Chairman
BY: (zi /,t om (/'0-775 _ u_na
Deputy Cie lj to the Board.� Constance L. Harber£, Pro-Tem
APPROVED AS 0 FORM:
C. W. Kir
C my Attorney Gord . acy
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W. . Web ter
920352
PLC 345 cc ; Le? AP(, � ( 6L,LO , Fi&E
HEARING CERTIFICATION
DOCKET NO. 92-15
RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF COMMERCIAL UNIT
DEVELOPMENT #Z-312 - LYLE J. AND BETTY L. PICRAUX
A public hearing was conducted on April 22, 1992, at 10:00 A.M. , with the
following present:
Commissioner George Kennedy, Chairman
Commissioner Constance L. Harbert, Pro-Tem
Commissioner C. W. Kirby
Commissioner Gordon E. Lacy
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Keith Schuett
The following business was transacted:
I hereby certify that pursuant to a notice dated February 24, 1992, and
duly published March 12, 1992, in The New News, a public hearing was
conducted on March 25, 1992, to consider the revocation of Commercial Unit
Development #Z-312 issued to Lyle J. and Betty L. Picraux. At said
hearing of March 25, 1992, the matter was continued to April 22, 1992, at
which time Lee Morrison, Assistant County Attorney, made this a matter of
record. Keith Schuett, Planning Department representative, said he
inspected said property on April 20, 1992, and progress has been made.
Mr. Schuett said, however, storage still exists in the open-space area,
and the pond has still not been worked due to the wet weather. He said
there has been a ditch placed to divert the waterway, and Mr. Picraux has
contacted the fire department about meeting the district requirements.
Mr. Schuett said staff feels they need to allow additional time for
compliance. He recommended the Board determine whether Mr. Picraux's
proposed landscaping is a minor change, and if it needs to be Board
approved or staff approved. Mr. Picraux said he would like to landscape,
50' wide, along Highway 7, and 15' to 20' wide, along Weld County Road 3,
with the rest of the area to be used for material sales. He said he would
plant trees to screen that area. Mr. Picraux explained he thought storage
was a permitted use in the open-space area; however, he was informed by
the Planning staff it was not zoned properly for that use. In response to
a question from Commissioner Harbert, Mr. Picraux and Mr. Schuett
explained the pond is used to retain water, as described in Development
Standard #12; and at the present time, there is not enough capacity and a
dry hydrant needs to be installed. Mr. Picraux said the pond needs to be
cleaned out and completed, and he confirmed that he has been working with
the fire department. He said he would probably need until spring of next
year, depending on the weather, to complete the screening of the pond, and
the off-street parking is double in size of the requirement. Mr. Schuett
said there is only firewood and a sign, which is to be reinstalled, stored
in the open-space area, and he confirmed the parking area is cleaned out.
In response to a question from Commissioner Harbert regarding Development
Standard #18, Mr. Schuett said if the proposed landscaping is approved
there would actually be more landscaping than on the original plan. Mr.
Schuett said he believed the 15% minimum would be fulfilled, but he does
not have the actual figures. There was no public testimony offered
concerning said matter. Mr. Schuett clarified Development Standard #19
uses the language of "material deviations" rather than "substantial
change". Commissioner Lacy moved to continue the Show Cause Hearing to
June 10, 1992, at 10:00 a.m. , with instructions to the Planning staff to
review Mr. Picraux's suggested changes. He advised Mr. Picraux to
continue to work with the fire department and cleaning of the pond, and at
920352
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RE: HEARING CERTIFICATION - PICRAUX
Page 2
this time the Board not determine whether or not this is a substantial or
major change in the permit until after Planning staff provides further
information. Commissioner Harbert seconded the motion, with the addition
that if the Planning staff approves the landscaping plan, Mr. Picraux
provides a calendar of completion. It was brought to the Board's
attention that they were scheduled for CCI Convention on June 10;
therefore, Commissioners Lacy and Harbert agreed to continue to June 17,
1992, at 10:00 a.m. Mr. Morrison clarified that the Board is asking for
staff recommendation as to whether there is a material deviation, not
deferring completely to staff; therefore, the Board is reserving the final
decision. The motion carried unanimously.
This Certification was approved on the 27th day of April, 1992.
APPROVED:
ATTEST: � PILL BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to e Board
g
By. /4 ii_!r g Y
�z� eor e Ke ed Chairman
eput Cl rk to the Board
Constance L. Harbert, o-Tem
TAPE #92-15 /^_ _
C. W. irb ��.c.(jr/
DOCKET #92-15
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PL0345
W. bdte
920352
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 22nd DAY OF April 1992:
DOCKET 11 92-15 - Show Cause Hearing re: Picraux
DOCKET 0 Preliminary Hearing - WCR 34 Local Improvement District
DOCKET /l Preliminary Hearing - WCR 32 Local Improvement District
DOCKET II
PLEASE write or print your name legibly, your address and the DOCKET 0 (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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