HomeMy WebLinkAbout920818.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT
#965 - JOE KUTCHER AND COMPANY
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 August 26, 1992, a Probable Cause Hearing was held before the
Board to consider setting a Show Cause Hearing to determine whether or not Joe
Kutcher and Company was in compliance with certain Conditions of Approval
contained in Special Review Permit #965, and
WHEREAS, the alleged violations were said to be occurring on property
described as Lots 1-6, Block 24, Gill, Weld County, Colorado, and
WHEREAS, the Board, after hearing testimony from the Planning Department,
finds that pursuant to the Standard in the Administrative Manual there is
sufficient probable cause to schedule a Show Cause Hearing to consider whether
or not the Special Review Permit issued to Joe Kutcher and Company should be
revoked for failure to comply with certain Conditions of Approval, and
WHEREAS, at said hearing on August 26, 1992, the Board deemed it advisable
to set said Show Cause Hearing on September 9, 1992, at 10:00 a.m. , and
WHEREAS, due to publication requirements, said matter was reconsidered at
the meeting of August 31, 1992, at which time the Board deemed it advisable to
set said hearing date as September 16, 1992, at 10:00 a.m.
WHEREAS, the Board shall hear evidence and testimony from all interested
parties at said Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a Show Cause Hearing be scheduled to determine whether or
not the Special Review Permit, issued to Joe Kutcher and Company, should be
revoked.
PL0853
920818
et, / t+ P� C k
SET SHOW CAUSE - JOE KUTCHER AND COMPANY
PAGE 2
BE IT FURTHER RESOLVED by the Board that the issue to be considered by the
Board at said Show Cause Hearing is whether or not the permit holder is in
compliance with the following Conditions of Approval:
Condition of Approval #1: The attached Development Standards for the
Special Review Permit shall be adopted and placed on the Special Review
Permit plat prior to recording the plat. The plat shall be delivered to
the Department of Planning Services and be ready for recording in the Weld
County Clerk and Recorder's Office within 15 days of approval by the Board
of County Commissioners.
Condition of Approval #2: The Special Review activity shall not occur on
these lots nor shall any building or electrical permits be issued on the
property until the Special Review plat has been delivered to the
Department of Planning Services' Office and the plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
Condition of Approval #3: Within 30 days of approval by the Board of
County Commissioners, a screening plan shall be submitted to, and approved
by, the Department of Planning Services. The plan shall adequately screen
all outside storage areas from adjacent properties and rights-of-way. The
approved screening shall be constructed within 120 days of approval by the
Board of County Commissioners. The screening plan shall be shown on the
Special Review Permit plat.
Condition of Approval #4: The applicants shall submit an estimate of
costs for the approved screening. The estimated amount shall be reviewed
and approved by the Board of County Commissioners. Prior to recording the
Special Review Permit plat, sufficient performance guarantees to ensure
installation and completion of the screening shall be provided to the
Board of County Commissioners for the approved amount as allowed by
Section 24.4.3 of the Weld County Zoning Ordinance. The performance
guarantee shall be in a form acceptable to the Board of County
Commissioners. The guarantee shall be returned to the applicants or
released after the improvements have been satisfactorily completed. If
the improvements have not been completed within 120 days of approval of
the Special Review Permit by the Board of County Commissioners, the County
shall take corrective action to ensure compliance with the approved plan
and the guarantee shall be forfeited.
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause
Hearing shall be September 16, 1992, at or about 10:00 a.m. , and the hearing
shall be held in the First Floor Hearing Room of the Weld County Centennial
Center, 915 10th Street, Greeley, Colorado.
920818
SET SHOW CAUSE - JOE KUTCHER AND COMPANY
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 31st day of August, A.D. , 1992.
� ���,4� (ta���a BOARD OF COUNTY COMMISSIONERS
ATTEST: /�7�T�s`f / WELD COUNTY, COLORADO
Weld County Clerk to the Board -ate o
cr G zge Ken dy, Chairman
BY: ;1hJ ` 1. --1
eputyClerk to the Board Constance L. Harbert, Pro-Tem
APPROVED AS FORM: L,
C. W. Kir y
ounty Attorney Gor
11.414:4X-1
W. H. Webster
920818
PROBABLE CAUSE
DATE: August 26, 1992
CASE NUMBER: ZCH-90
NUMBER: USR-965
PROPERTY OWNER
Joe Kutcher and Company, P.O. Box 29, Gill, CO 80624
LEGAL DESCRIPTION: Lots 1-6, Block 24, Gill, Weld County, Colorado.
LOCATION: 31252 5th Street, Gill
It is the opinion of the Department of Planning Services' staff that the
following Conditions of Approval, as approved for USR-965 are not in
compliance:
Condition of Approval #1 provided that:
"The attached Development Standards for the Special Review permit
shall be adopted and placed on the Special Review permit plat prior to
recording the plat. The plat shall be delivered to the Department of
Planning Services and be ready for recording in the Weld County Clerk
and Recorder' s Office within 15 days of approval by the Board of
County Commissioners. "
This Special Review permit was approved by the Board on April 1, 1992.
To date, the plat has not been submitted. Mr. Kutcher brought the
plat in on 8/13/92, but the screening plan had not been drawn on the
plat as required by Condition of Approval #3.
Condition of Approval #2 provided that:
"The Special Review activity shall not occur on these lots nor shall
any building or electrical permits be issued on the property until the
Special Review plat has been delivered to the Department of Planning
Services' Office and the plat is ready to be recorded in the office of
the Weld County Clerk and Recorder. "
The lots are being used to store construction materials. The plat has
not been delivered to the Department of Planning Services.
Condition of Approval #3 provided that:
"Within 30 days of approval by the Board of County Commissioners, a
screening plan shall be submitted to and approved by the Department of
Planning Services. The plan shall adequately screen all outside
storage areas from adjacent properties and rights-of-way. The
approved screening shall be constructed within 120 days of approval by
the Board of County Commissioners. The screening plan shall be shown
on the Special Review permit plat. "
920818
PROBABLE CAUSE
Joe Kutcher and Company
USR-965
Page 2
A screening plan was submitted to the Department of Planning Services
on June 29. The plan was not acceptable and another plan was
submitted on July 13. This plan was approved, with conditions, by the
Department of Planning Services. The screening is not yet completed.
Condition of Approval #4 provided that:
"The applicants shall submit an estimate of costs for the approved
screening. The estimated amount shall be reviewed and approved by the
Board of County Commissioners. Prior to recording the Special Review
permit plat, sufficient performance guarantees to ensure installation
and completion of the screening shall be provided to the Board of
County Commissioners for the approved amount as allowed by Section
24.4.3 of the Weld County Zoning Ordinance. The performance guarantee
shall be in a form acceptable to the Board of County Commissioners.
The guarantee shall be returned to the applicants or released after
the improvements have been satisfactorily completed. If the
improvements have not been completed within 120 days of approval of
the Special Review permit by the Board of County Commissioners, the
County shall take corrective action to ensure compliance with the
approved plan and the guarantee shall be forfeited. "
On August 17, 1992, an estimate of costs was submitted. The cost
estimate appeared to be low and did not include labor. A letter was
mailed to Mr. Kutcher to this effect.
Based upon the above information, the Department of Planning Services'
staff recommends that the Board of County Commissioners schedule a "Show
Cause" public hearing on September 9, 1992 to consider revocation of USR-
965.
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