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Home My WebLink About930032.tiff RESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT #890 - HOWARD S. AND SUSAN A. FRANKLIN 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 January 6, 1993, a Show Cause Hearing was conducted to consider revocation of Special Review Permit #890, issued to Kent Pollard, and WHEREAS, Howard S. and Susan A. Franklin are the current owners of the facility located on property described as the SWI of Section 18, Township 3 North, Range 64 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, at the hearing of January 6, 1993, the Planning staff advised the Board that no dog kennel has been developed, and Mr. and Mrs. Franklin do not intend to develop a kennel; therefore, staff recommends the revocation of said permit, and WHEREAS, the Board deems it advisable to revoke Special Review Permit #890, issued to Kent Pollard, on the abovementioned property currently owned by Howard S. and Susan A. Franklin. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Special Review Permit #890, issued to Kent Pollard, be, and hereby is, revoked. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of January, A.D. , 1993. I BOARD OF COUNTY COMMISSIONERS ATTEST: / ,i( A WEL COUNTY, COLORADO Weld County Clerk to the Board Constance L. Harbert, Chairman BY: ' ij .SAC4!LctDeputyerk to the Beard W. H. ebster, Pro-Tem APPROVED AS T FORM: 1 eorge . Baxte County Attorney all art.j � s lfao , / Barbara J. Kirkmey r 930032 0kUygl cc , /oh HEARING CERTIFICATION DOCKET NO. 93-04 RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF USR #890 - HOWARD S. AND SUSAN A. FRANKLIN A public hearing was conducted on January 6, 1993, at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated December 16, 1992, and duly published December 24, 1992, in the Windsor Beacon, a public hearing was conducted to consider the revocation of Special Review Permit #890, issued to Kent Pollard, on property currently owned by Howard S. and Susan A. Franklin. Lee Morrison, Assistant County Attorney, made this a matter of record. Lanell Swanson, Planning Department representative, said Development Standard #2 concerning the vested property right is not in compliance. Ms. Swanson said the original permit was issued on September 27, 1989 for a dog kennel; however, the dog kennel was never developed, and the new owners do not intend to develop it. The Planning staff recommends revocation of said permit. The permit holder was not present or represented. There was no public testimony offered concerning this matter. Commissioner Webster moved to revoke Special Review Permit #890, issued to Kent Pollard, based on the recommendation of the Planning staff. The motion was seconded by Commissioner Baxter, and it carried unanimously. This Certification was approved on the 11th day of January, 1993. (/�� A / // APPROVED: ATTEST: ,� fy J jf G///Gv 7 BOARD OF COUNTY COMMISSIONERS ��y0 Z� I V ll!!(((/// WEL COUNTY, COLORADO Weld County Clerk to the Board/ / gy; ✓/ � �l� 7 r��/ (-! ��.-.1 Constance L. H rber , Chairman Deputy Clerk to the Board 17/1 lake W. H. W ster, Pro- m TAPE #93-01 rge E. x er DOCKET #93- 04 Dale K. Hall PL0481 /, /Barbara J. Kirkmeye 930032 LC • lac SHOW CAUSE CI DATE: January 6, 1993 CASE #ZCH-95 PROPERTY OWNER: Howard S. and Susan A. Franklin ADDRESS: 25350 Weld County Road 32 LaSalle, CO 80645 LEGAL DESCRIPTION: The SW4 of Section 18, T3N, R64W of the 6th P.M. , Weld County, Colorado. It is the opinion of the Department of Planning Services' staff that the following Development Standard as approved for Case Number USR-890 is not in compliance. Development Standard Number 2 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended. This Use by Special Review was approved by the Board of County Commissioners on September 27, 1989. The use was for a greyhound kennel (150 dogs maximum) , which has never been developed. The property has since been sold to new property owners, who have stated they do not intend to develop the kennel. The Department of Planning Services' staff recommends the Board of County Commissioners revoke this permit. HOLM Punuant th e lase d h•Bt to n Colorado and AFFIDAVIT OF PUBLICATION the Weld County Zoning Ordinance,a public hearing WI be held N the ChartingsSTATE OF COLORADO of the Board of County Commissioners of Weld SS County, Colorado, Weld COUNTY OF WELD County Centennial Cem«, 916 10th Street,First Floor, Greeley,Colorado,at the I, KEITH HANSEN, of said County of Weld, being duly ens epeolled.Al person h ay manner Interested In thesworn,say that I am publisher of matter ars requested to den and may helmet WINDSOR BEACON Sheetl any Interested pony dues the presence n• went reporter to ma* • a weekly newspaper having a general circulation in said mere County and State, published in the town of WINDSOR, WOW to the taped mind wile Ml be kept dung the in said County and State; and that the notice, of which hearing,the Clerk to the the annexed is a true copy, has been published in said Beard's Office e b shall adstNd h tenting a be weekly for / _successive weeks, that the notice wand least en dap Wet was p e ublished in the regular and entire issue of every -to Me Marine.The awl It erBrMrd a court repentnumber of the paper during the period and time of Well be borne by the publication, and in the newspaper proper and not in a . .,_u,.Pay. supplement, and that the first publication of said notice the WIandmape that ALSO KNOWN was in said paper bearing the date of the ableBrd Inert Sloe el So02f41- ONbrWe mw of Gies of -�Z ..t-rt.I�s A.D., 1917.-. and pareeledonera,loaned la the last publication bearing the date of the WMNSWOeuny CardBrYl Career,016 lOth Been, Third Floor, Greeley, day of A.D., 19 and caws that the said WINDSOR BEACON has been published DOCKET NO.aoa continuously and uninterruptedly for the period of 5 consecutive weeks,in said County and State, prior to the Heewd S.and Susan A. Rene 26360 Weld oawty date of first publication of said notice, and the same is a bed a LaSalle,Colorado newspaper within'the meaning of an Act to regulate IOW printing of legal notices an advertisements, approved DATE:AwuarY 6,t00b May 18, 1931,and all prior cts r as in force. TIME:1600 A.M. REQUEST: He«In0 to SHOW CAUSE for reaooatIon of USR WNW P LISHER Need a KeriPolerd LEGAL DESCRIPTION: Subscri d and sworn to before me this 7/71( day SW1A1 of Section II, TamaS North.ReeSo M of 19 93 Waal el of 0th P.M.,Weld /J ,ice Csleep•Colorado f/�/„/� MUSICd,1.whew«notNOTAR P BLIC MUSIC -�- the permit holder M In ^ ,, eerrplMnsa .tth My commission expires P /9 9'4 DeyeNplll•nt Standen IW �// f Approval of the plan or i4n•vested property preuant e)Aril"• n TBe 24, C.R.S., s SOARD OF COUNTY COIMBSIONERS,WELD OgMIY,CCLOMCO SY:DONALD D.WARM, WILD COUNTY CLIMEm • TIE WARD SY: Shelly K. Wller, Doped Peed a Sr Ss POWS WI Basher M, ISM. • 3:0032 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 matter 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 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 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. 93-04 Howard S. and Susan A. Franklin 25350 Weld County Road 32 LaSalle, Colorado 80645 DATE: January 6, 1993 TIME: 10:00 A.M. REQUEST: Hearing to SHOW CAUSE for revocation of USR #890 issued to Kent Pollard LEGAL DESCRIPTION: SWI of Section 18, Township 3 North, Range 64 West of the 6th P.M. , Weld County, Colorado _ISSUES: 1. Whether or not the permit holder is in compliance with Development Standard #2: Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller, Deputy DATED: December 16, 1992 PUBLISHED: December 24, 1992, in the Windsor Beacon =1ch b tC' 'J`.. 1j2 LE-RTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-04, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 18th day of December, 1992. _Deputy Clerk• o the Board Everett A. and Leona M. Milberger 7203 E. 87th Street Kansas City, MO 64138 -Walter E. and Diane M. Petrikat 2904 E. 116th Place Thornton, CO 80233 -Homer C. and Betty J. Prince 15077 Weld County Road 49 LaSalle, CO 80645 Darrell D. Brasier 15027 Weld County R4sd 49 LaSalle, CO 80645 Patrick _and Linda L. Traurig 14987 Weld County Rko)i 49 LaSalle, CO 80645 Mile High Turkey Hatchery, Inc. 711 S. Bowen Street Longmont, CO 80501 -Roger J. and Charlene S. Fridge 15417 Weld County 1461 49 -LaSalle, CO 80645-9729 Owl Canyon Ltd. , Partnership P. 0. Box 2263 Ft. Collins, CO 80522 Courtney T. Monaghan 15601 Weld County R g1 49 LaSalle,CO 80645 Linwood Miller 15097 Weld County road 49 LaSalle, CO 80645 2 Randy and Michelle Wood 15732 Weld County Road 49 LaSalle, _CO 80645 Edward E. and Eleonore I. Hodges, Trustees 10759 Weld County Road 7 P. 0. Box 6614 Longmont, CO 80501-2079 Howard S. and Susan A. Franklin 25350 Weld County R*O 32 LaSalle, _CO 80645 W L /c( Cc7 /Yc130 ,u / 7 ICI 1�v GG rue Q /2 c_ ( .O_63 ( O0 — Aa..oe /f T lr r.0 to try t/O 7 o f 70 a r / de -/ r/4 ?c( it - 3s/:•) tiny 2 re (6,-, fle 7 /l7 zcf-/ qg t is c( C A r 9 a—z( 7-71 'to - Zc/N ,.vy /jO4,1 ti / )4"7- Cote-4444,:s v, TT iS .U±T rf.4 / !o Te>6't To e-Icy tl Tit ,`s f rofc - ,i f(/O t1 c do c ke.v, ,e / r �( ¢... �p �e T te-. ..�,[ f e.:ov (t( IC ma E r �?c? ; l( ct 6cr,✓c/e a c O vr.-UuQl.-cdc-�. o-f 7G7'/ -- / 5 t oSi 5390 , -L F VOL- Ace uN f 'n r r:rt) i c /le Q c a /( c t a � Y - G-2Gduccv (c -3S0 Wcu& 3 t0151992li1 2,M *V) A° ,c4 4 �U��' S" EC Meld tc!_.^tr Plrnn!nn "IT-lei .2,- H E R EXHIBIT INVENTORY CONTROL SHEET Case �� — R 1n.A.r-a ).,K 1 i +�(,u �,� . �- -��. c..A-- Exhibit Submitted By Exhibit Description g.ilicj7 A. /37r41, ; {' / n L ; P. CL-3h i. \� -tV L V U-J u L ��Q�}(^'Ct l t�L .742) /Z-V30 D. 4)i Ata . 41P-111 Irzvn76.64rn u)c_a_6(4e." E. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number ZCH-95 for Howard S. and Susan A. Franklin in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 30th day of November, 1992. SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Howard S. and Susan A. Franklin ZCH-95 Everett A. and Leona M. Milberger 7203 E. 87th Street Kansas City, MO 64138 Walter E. and Diane M. Petrikat 2904 E. 116th place Thornton, CO 80233 Homer C. and Betty J. Prince 15077 Weld County Road 49 LaSalle, CO 80645 Farrell D. Brasier 15027 Weld County Road 49 LaSalle, CO 80645 Patrick and Linda L. Traurig 14987 Weld County Road 49 LaSalle, CO 80645 Mile High Turkey Hatchery, Inc. 711 S. Bowen Street Longmont, CO 80501 Roger J. and Charlene S. Fridge 15417 Weld County Road 49 LaSalle, CO 80645-9729 Owl Canyon Ltd. , Partnership P.O. Box 2263 -Ft. Collins, CO 80522 Courtney D. Monaghan 15601 Weld County Road 49 LaSalle, CO 80645 Linwood Miller 15097 Weld County Road 49 -LaSalle, CO 80645 Bandy and Michelle Wood 15732 Weld County Road 49 LaSalle, CO 80645 Edward E. and Eleonore I Hodges, Trustees 10759 Weld County Road 7 P.O. Box 6614 Longmont, CO 80501-2079 .,r DEPARTME-NT OF PLANNING SERVICES PHONE(303)353.3845, EXT. 3540 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO November 30, 1992 TO: SURROUNDING PROPERTY OWNERS Subject: ZCH-95 NAME: Howard S. and Susan A. Franklin -FOR: A Site Specific Development Plan and a Special Review permit for a _greyhound kennel (150 dogs) in the A (Agricultural) zone district. LEGAL -DESCRIPTION: The SW4 of Section 18, T3N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County -Road 32, east of Weld County Road 49. A Probable Cause Public Hearing is scheduled before the Weld County Board of County Commissioners on Wednesday, December 16, 1992, at 9:00 a.m. in the County Commissioners' Hearing-Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The purpose of this public hearing will be to review Case Number USR-890 for -compliance with the Development Standards as approved by the Board of County Commissioners on September 27, 1989, to determine if probable cause exists to hold a hearing on revocation of USR-890. You are receiving this notification because your property is within five-hundred (500) feet of the property being reviewed. All persons in any manner interested are requested to attend and may give testimony pertaining to USR-890 and the uses occurring on the approved site. For additional information write or telephone, Lanell J. Swanson, Current Planner. Gy9 r 4S ,d AR2239698 F i1,467 3`fARY ANN BEDERl TEIN/CLEP1 RECORDER.00 1/-001 fr ' .. l WELD CO, CO e ' I Wg�p� _ S WARRANTY DEED i Yr ' +_ Granwrts WILLIAM F. POLLARD p - 7 �i whose address is P.O. -Box 616, Oshkosh ' , II Nebraska yOmrix><sdx ,state of State Documentary Fee yg� Date /-- i" 9( yb _ }� 1 ,for the consideration of $ 3• f z t ? I, Thirty—six thousand. . . ,dollars,in hand paid,hereby sell(s) t �r o : and convey(s)to Howard B. Franklin and Susan A. Franklin its 4 .* whose legal addresst-nt tenants ,S.:, 5{ I e -25350 WCit 32, LaSalle, CO 80645 t ,H.:',1;., �i914a1Y]PR a y II Jalydv'SIY9(anC ,, .,. t I 4 a` II the following real pmpetty in the County of a r We i j ,and Stale of = 2 '' JI Colorado,to wit: 4$ p it SW 1 of Section 18, Township _3 North, j! ` -Range 64 West of the 6th P.M. 1 , S .... lil II I• is t fit.. II II. ll i * i Syr II I I I1 ig=' d;' f ��7UOMIl41f9g47( Fri with all its_appurtenances,and warrant(s)the title to the sane,subject to reservations, r-estrictiona• { li covenants and conditions of record, easements and rights _of way of record or established on the premises, building and zoning regulations and the 1941 taxes payable in 1992 t. II r t c II +. r. ]3 Signed this 25th day of January , 1991, , II tt fi art- �ra/z.-i -- — 1 /• w I i STATE OF COLORADO, f,:Y County of Weld L. ' f 7' The foregoing instrument was ackntnvled ed before mu this 8 B 8 25th davof January ,1991 by 'F. O F. Pollard 1 Miwymmuhrup cspims F)1 sp 9v1 Witness my hand and afticr al CI . S I' n r 1 IJih „�!. CJ.c,\t� f U Si.5 i = Y s ?IfMl rkf•Y'nwrl'n1n-.. WAaa4Mly man warn i nt •_-_ liras WNlan1.1143W,rt,4..tans co Kum—11mm lotaju,,—its ric t(r��f`\— .t .. pMy Jt.�Q'. Y1° Y J C 'f, DEPARTMENT OF PLAN-KING SERVICES PHDNE(303)356 4000,EXT.4400 915 10th STREET CGREELEY,COLORADO 80631 COLORADO September 9, 1992 Howard S. and Susan A. Franklin 25350 Weld County Road 32 LaSalle, CO 8064-5 Subject: USR-890 Dear Mr. and Mrs. Franklin: It has come to our attention that you have purchased the property described as the SW4 of Section 18, T3N, R64W of the 6th P.M. , Weld County, Colorado, and that the kennel permitted _by USR-890 has not been developed. At this time, we are requesting that you write a letter requesting the Board of -County Commissioners vacate the Special Review permit. Since the property has not been developed as a kennel, the permit is no longer needed. Please let me know if you have any questions. Sincerely, or,z, Lanell J. SICZon Current Planner LJS/sfr fl zcia DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY-ADMINISTRATIVEDFFICES wale 1400 N. 17TH AVENUE• GREELEY, COLORADO 80631 COLORADO November 18, 1992 Howard S. and Susan A. Franklin 25350 Weld County Road 32 LaSalle, _CO 80645 Subject: USR-890 - Kent Pollard Dear Mr. and Mrs. Franklin: A recent inspection of your -property on November 12, 1992 , showed -that the use of the -property fora greyhound kennel, as approved by USR-890 has never been developed. Section 90 of the Weld County Zoning Ordinance provided a vested property right for the development of -this use for a thre-e year period. Three years have now passed since the approval of your Special Review permit. We understand that you Turchased the property from the previous owner who applied for and received the permit. If you do not intend to develop the property for the approved use, please let-me know. If you still intend to develop the prop-erty, it is the responsibility of this department to schedule a -public hearing with the Board of County Commissioners sc that the Board can determine if the vesting Teriod should continue. The vesting -period far the property may not be extended unless expressly authorized by the Board of County Commissioners . Please let me know as soon as possible if you wish a public hearing to be scheduled. If I do not hear from you by November 30, 1992, I will schedule a hearing with the Board of County Commissioners. If you have any questions , please call or write this department. Shank you. Sincerely, PI ) ��( Lanell J. Swanson Current Planner LJS/sfr • ct 1 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREEL£Y, COLORADO$0631 COLORADO November 30, 1992 Howard S. and Susan A. Franklin 25350 Weld County Road 32 LaSalle, CO 80645 Subject: ZCH-95 and USR-890. Dear Mr. and Mrs. Franklin: Notice is hereby given that on Wednesday, December 16, 1992, at 9:00 a.m. , or as soon thereafter as -the agenda of the Board of County Commissi-oners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 24. 1.5 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review Case Number US-R-890 for compliance with the Development Standards as approved by the Board of County Commissioners on September 27, 1989, to determine if probable _cause exists to hold a hearing on revocation of USR-890. If it is determined at the public hearing that there is probable cause that you are not in compliance with Development Standard Number 2, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of -the Special Review permit. If you have any questions regarding this matter, please telephone. Respectfully, Lan� nson Current Planner LJS/sfr in e':. Hello