HomeMy WebLinkAbout930213.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW
PERMIT #828 - JUDY OAKLEY
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 May 18, 1988, the Board approved Use by Special Review Permit
#828 for a dog kennel to be operated by Judy Oakley, and
WHEREAS, Condition of Approval #6 of said Permit states that the kennel
shall be completed by December 1, 1988, and
WHEREAS, the Department of Planning Services initiated ZCH 1170 to compel
compliance with the Use by Special Review Permit, and
WHEREAS, on September 9, 1991, a Probable Cause Hearing was held before the
Board to consider setting a Show Cause Hearing to determine whether or not Judy
Oakley was in compliance with certain Conditions of Approval and Development
Standards contained in Use by Special Review Permit #828, and
WHEREAS, at said hearing of September 9, 1991, said matter was continued
to October 2, 1991, then to December 4, 1991, then to December 11, 1991, then to
July 1, 1992, then to July 22, 1992, and then again to March 3, 1993, all at the
hour of 9:00 a.m. , and
WHEREAS, at said hearing of March 3, 1993, the Board deemed it advisable
to continue said matter to May 5, 1993 at 9:00 a.m. , to allow Ms. Oakley time to
be in complete compliance with said Permit, and
WHEREAS, the alleged violations were said to be occurring on property
described as part of the NW,' of Section 30, Township 2 North, Range 66 West of
the 6th P.M. , Weld County, Colorado.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Probable Cause Hearing to determine whether or not
Judy Oakley is in compliance with Use by Special Review Permit #828 be, and
hereby is continued to May 5, 1993, at 9:00 a.m.
930213
SET SHOW CAUSE - OAKLEY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 3rd day of March, A.D. , 1993.
/ ////��JJ BOARD OF COUNTY COMMISSIONERS
ATTEST: / J� ' �LL���� WEL COUNTY, COLORADO
b. V 4/
Weld Cou y Clerk to the Board el ;rest f.¢%/.mac#
//// onstance L. Harbert, Chairman
BY: 44,ts� - /' J l�1 f"�. �.I.
Deputy Clerk to the q-ard-- W. H. Webster, Pro-Tem
APPROVED AS 0 FORM: EXCUSED
George E. Baxter
C EXCUSED DATE OF SIGNING (AYE)
County Attorney Dale K. Hall
Barbara J. Kirkmey r /l
930213
PROBABLE CAUSE
in 1 Oa kw'
DATE: March 3, 1993 CA IL'
\CV:I
CASE NUMBER: ZCH-70
USR/SUP NUMBER: USR-828
PROPERTY OWNER
Judy Oakley
LEGAL DESCRIPTION: Part of the NW4 of Section 30, T2N, R66W of the 6th
P.M. , Weld County, Colorado.
LOCATION: 12236 Weld County Road 18, Fort Lupton, CO 80621
It is the opinion of the Department of Planning Services' staff that the
following Standards, as approved for USR-828 are not in compliance:
Condition of Approval #6:
"The number of adult dogs on the site shall not exceed 30 until the
kennel structures have been completed. The kennel structures shall be
completed by December 1, 1988".
The kennel structures are still not completed. At least 35 dogs were
counted on the property
Condition of Approval #7:
"The kennel structure shall be frame construction and insulated to
lessen the audio impacts" .
The kennel structures have not been completed.
Development Standard #4:
"Quarterly samples of water from the cistern shall be tested to assure
potability, and the results shall be provided to the Weld County
Health Department" .
Test results of quarterly samples from the cistern have not been
provided to the Weld County Health Department.
Development Standard #11:
"The portion of the site which is not used for the kennel operation or
the residence shall be covered with grass and shrubs" .
The major portion of the site has remained in weeds.
9 / P 930213
LO
PROBABLE CAUSE
Judy Oakley
Page 2
Development Standard #13:
"All dogs shall be enclosed within the kennel structures between the
hours of 10:00 p.m. and 7:00 a.m. " .
Dogs are still being housed outside the kennel area.
Development Standards #18:
"The Special Review area shall be limited to the plans shown herein
and governed by the foregoing Standards and all applicable Weld County
Regulations. Any material deviations from the plans or Standards as
shown or stated shall require the approval of an amendment of the
permit by the Weld County Planning Commission and the Board of County
Commissioners before such changes from the plans or Standards are
permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
Based upon the above information, the Department of Planning Services'
staff recommends that the Board of County Commissioners consider scheduling
a "Show Cause" public hearing to consider revocation of USR-828.
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