HomeMy WebLinkAbout941593.tiff ' J Y•r f h OFFICE OF COUNTY AMR
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- � Gar[ "e v,CO_OgADO
ig co
COLORADO
September 20, 1994
Kenneth F . Lind
1011 11th Avenue
Greeley, CO 80631
RE: Zigan Mid-America & ERD
Recycling and Landfill -
Three Year Provision c`_
Weld County Zoning
Ordinance
Dear Ken:
I have reviewed further the circumstances of the Commissioner 's
approval of the USR and Certificate of Designation for the d-
Am erican/Zigan/ERD approval . I have evaluated § 24 . 1 . 5 of the Weld
County Zoning Ordinance as it existed at the time of review of the
facility in 1991, Ordinance No. 89-U and as it currently exists .
Section 24 . 1 .5 was altered October 27 , 1992 by Ordinance No. 8:
In its current form, a Use by Special Review which is not commenced
• or is discontinued for three years is presumed to be inactive . The
earlier version, in effect of the time of review of the recycling
and landfill proposal , did not address the issue of commencement
but only addressed the issue of discontinuing use . The current
provision runs from the data of approval where there is a
discontinuance for, a period of three consecutive years .
The circumstances of this parti< •lar Use by Special Review required
a second hearing for review of compliance with conditions prier to
recording of the plat. That second hearing took place December 30 ,
1991 and it would be my view that this was the actual date of
approval not the Resolution of conditional approval . This Is a
unique provision of this permit as this process of satisfying
conditions is usually satisfied by staff approval . Furthermore, it
is my view that the change in the Ordinance requiring co::_•:,encemer.t
within three years should only e applied from the effective date
of that Ordinance to facilities that were approved but not yet
cotr:aancod as of October 27 , 19S".. . T'•..:_eforc, the three year retied
will not be considered to have sanded until October 27 , 1995 .
941 59 3
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Kenneth F. Lind
September 20, 1994
Page 2.
Thank you for your attention to this matter.
Yours truly,
.. 1:52/471/1-241-nr\---
Lee D. Morrison
Assistant Weld County Attorney
LDM/db:Kenl
pc: Chuck Cunliffe
20 r:2 of County ComnicsiOnern
Wayne Forman
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