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Home My WebLink About920670.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING PROBABLE CAUSE HEARING - LOLOFF CONSTRUCTION, INC. 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, by Resolution dated September 25, 1985, the Board approved Use by Special Review #690 for land located in part of the SE* NW** Si NE; NW* of Section 4, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, owned by LoLoff Construction, c/o Ed LoLoff, and WHEREAS, a Probable Cause Hearing before the Board was held on March 25, 1992, at which time the Board deemed it advisable to continue said matter to April 15, 1992, then again to May 13, 1992, and then again to July 22, 1992, all at the hour of 9:00 a.m. , and WHEREAS, at said meeting of July 22, 1992, the Board determined that an Amended Use by Special Review Permit has been issued to LoLoff Construction, c/o Ed LoLoff, and therefore, the Board deemed it advisable to dismiss said Probable Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that this matter be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD CO TY, COLORADO Weld County Clerk to the Boar A George Ken dy, Chairman EXCUSED Deputy Clerk to the Board Constance L. Harbert,�� ' Pro-Tem APPROVED AS FORM: .777 '��f' C. W. Kirby / EXCUSED County Attorney Gordon E. La y/ 2.2 W. H. Webste 920670 PLoc St �� h , /;�� HEARING CERTIFICATION DOCKET NO. 92-39 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR AN OPEN CUT SAND AND GRAVEL OPERATION TO INCLUDE STOCKPILING, RECYCLING AND PROCESSING OF DEMOLITION MATERIAL (ASPHALT AND CONCRETE) IN THE A (AGRICULTURAL) ZONE DISTRICT - LOLOFF CONSTRUCTION COMPANY, INC. , C/O ED LOLOFF A public hearing was conducted on July 8, 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, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated June 22, 1992, and duly published June 25, 1992, in the Windsor Beacon, a public hearing was conducted to consider the request of Loloff Construction Company, Inc. , c/o Ed Loloff, for a Site Specific Development Plan and Amended Special Review Permit for an open cut sand and gravel operation to include stockpiling, recycling and processing of demolition material (asphalt and concrete) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Lanell Swanson, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. In response to a question from Commissioner Lacy, Ms. Swanson explained the differences in the conditions of approval and development standards between the original special review permit and the amended application. The haul route will still be south to Highway 263. Bob Ruyle, Attorney, represented the applicant and stated the amended application is to allow crushing, and they are agreeable to all recommended conditions of approval and development standards. Commissioner Harbert stated they received a memo regarding Kay McElroy's opposition. Mr. Morrison provided Mr. Ruyle and Ms. Swanson with a copy of said memo to allow them to address the issues. Vernie Parker, surrounding property owner, spoke in support of said matter. Ms. Swanson, in response to the abovementioned memo, said the site is in the 100-year floodplain, and the air quality and fugitive dust issues have been addressed. She said the Health Department has also addressed issues with development standards. Mr. Ruyle said the area of storage is not in the floodplain. Ms. Swanson confirmed that only one-third of the site is in the floodplain. In response to a question from Commissioner Webster, Mr. Ruyle said material will be crushed for road base. He said this is a recycling process. Commissioner Webster moved to approve the request of Loloff Construction Company, Inc. , c/o Ed Loloff, for a Site Specific Development Plan and Amended Special Review Permit for an open cut sand and gravel operation to include stockpiling, recycling and processing of demolition material (asphalt and concrete) in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Harbert, and it carried unanimously. 9 L� RE: HEARING CERTIFICATION - LOLOFF CONSTRUCTION COMPANY, INC. PAGE 2 This Certification was approved on the 13th day of July, 1992. APPROVED: ATTEST: Pla-tet BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Cler to the Board ss =- B y: p Ge e Kanedy, Chairman Deputy rk o the Board y � — y Constance L. Harbert, Pro-Tem TAPE #92-21 C. W. Kirb �M/y DOCKET #92-39 Gord n a PL0051 W. H. Webster 920610 DATE: April 15, 1992 VIOLATION NUMBER: ZCH-86 USR-690 NAME: Loloff Construction, c/o Ed Loloff ADDRESS: P.O. Box 518, 145 3rd Street, Kersey, CO 80644-0518 LEGAL DESCRIPTION: Part of the SE4 NW4/S2 NE4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. CASE SUMMARY February 4, 1992 Property inspected. February 5, 1992 Violation letter issued. February 12, 1992 Mr. Loloff inquired about the violation. February 19, 1992 Received a letter from Mr. Loloff. February 20, 1992 Letter sent to Mr. Loloff. March 13, 1992 Letter sent to Mr. Loloff scheduling a Probable Cause Hearing on March 25, 1992. March 17, 1992 Received a letter from Robert Ruyle, Attorney for Mr. Loloff. March 25, 1992 Board of County Commissioners continued the Probable Cause Hearing until April 15, 1992. fl flr PROBABLE CAUSE DATE: April 15, 1992 CASE NUMBER: ZC11-86 USR NUMBER: 690 OPERATOR Ed Loloff Loloff Construction 145 3rd Street, Kersey, CO 80644-0518 LEGAL DESCRIPTION: Part of the SE4 NW4/52 NE4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 62 and adjacent to the east Weld County Road 41. -' It is the opinion of the Department of Planning Services' staff that the following Development Standards, as approved for USR-690 are not in compliance. Standard Number 1 states: 1 . The uses permitted on the parcels shall be the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services and subject to the Development Standards listed herein. A construction landfill (asphalt and concrete) is located on the property. This use was not included in the Special Review permit application materials and was not approved as part of the Special Review permit. Standard Number 17 states: 17 . The Use by Special Review area shall he limited to the plans shown herein and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviation from the plans and/or Standards as shown or stated above 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 and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The present uses of the property for a construction landfill (concrete and asphalt) is a material deviation from the plans and/or Standards and no amendment has been approved to allow the uses. Probable Cause, Loloff Construction Page 2 Standard Number 18 states: 18. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the permit by the Board of County Commissioners. The property owner and/or operator of this operation is not maintaining compliance with all of the approved standards. Standards 1 and 17 are not in compliance. 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 May 20, 1992. 1 . fY Ci% ti 2nll-II 1 ROBERT A. RUYLE �[\�l/� ATTORNEY AT LAW I - --' � 420 6TH AVENUE I I MAR 1 7 1992 P. O. BOX O J` •l _ GREELEY, COLORADO 80631 VcL TELEPHONE 13031 362.6666 March 16, 1992 Board of County Commissioners of Weld County, Colorado P. O. Box 758 Greeley, CO 80632 Re: LoLoff Construction, Inc. Probable Cause Hearing March 25, 1992 Gentlemen: Ed LoLoff, President of LoLoff Construction, Inc. was a client of mine when I practiced law before joining Hensel Phelps Construction Co. I have had a close relationship with Ed for many years. I plan on retiring from our company in June of this year and had told Ed of my plan for retirement . When he was advised by the Department of Planning Services that a probable cause public hearing was to be held on the issue of compliance with zoning restrictions on his special use permit for property located northeast of Greeley, he contacted me for advice. I have agreed to represent Mr. LoLoff and his company, LoLoff Construction, Inc. , on this matter. However, the Department of Planning Services scheduled the hearing for March 25 , 1992 and the notice of the hearing was mailed to interested parties before I could intervene to review the matter on behalf of LoLoff Construction, Inc . I currently have a scheduled agenda which limits my opportunity to be at the scheduled hearing on March 25, 1992 . I spoke to Mr. Schuett and he advised that I should write the commissioners and request the matter be postponed for further consideration at one of your future Wednesday scheduled meetings. I am asking Mr. LoLoff to appear at your March 25, 1992 meeting for the purpose of requesting an extension of time to and until a date at which I will be able to appear on his behalf. I have reviewed my calendar and suggest the earliest Wednesday for my availability would be April 15, 1992 . The following Wednesday, April it, 1992 , would also be an open date on my schedule. , in-Tone-in y nar Board of County Commissioners of Weld County, Colorado March 16, 1992 Page Two Please accept this letter as my explanation for reason to continue the scheduled hearing from March 25, 1992 to a date in April for the purpose of further reviewing Case No. USR- 690 relating to LoLoff Construction, Inc. Your consideration of this request will be greatly appreciated. Sincerely, Robert A. Ruyle RAR/kh cc: Keith A. Schuett Ed LoLoff 920879 6t, DEPARTMENT OF PLANNING SERVICES PHONE(303)356-408O,EXT.4400 • 915101h STREET 1 GREELEY,COLORADO 80631 C. COLORADO March 13, 1992 LoLoff Construction, Inc. Attention: Ed LoLoff P.O. Box 518 145 3rd Street Kersey, CO 80644-0518 Subject: Probable Cause Hearing. Dear Mr. LoLoff: Notice is hereby given that on Wednesday, March 25, 1992, at 9:00 a.m. , or as soon thereafter as the agenda of the Board of County Commissioners permits , the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 81 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 USR-690 for compliance with the Development Standards as approved by the Board of County Commissioners on September 25, 1985, to determine if probable cause exists to hold a hearing on revocation of USR-690. Inspection by representatives of this office have identified that you are not in compliance with Development Standards $ 1, 17, and 18 of USR-690. If it is determined at the public hearing that there is probable cause that you are not in compliance with USR-690 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, aE�YCfS 'egGU/ Current Planner • KAS/sfr Att. DEPARTMENT OF PLANNING SERVICES PH ONE 356000,EXT.4400 815 101h STREET 1 GREELEY,COLORADO 60631 C. COLORADO February 5, 1992 LoLoff Construction, Inc. P.O. Box 518 145 3rd Street Kersey, CO 8O644-O518 Subject: ZCH-86 Dear Kr. LoLoff: An on-site inspection of your property was conducted on February 4 , 1992 , to determine if the Development Standards placed on your property at the time USR-690 was approved by the Board of County Commissioners are in compliance. The inspection revealed violations of Development Standards Q1 , 17, and 18. A copy of these items from the approved resolution are enclosed. The Use by Special Review area must be brought into compliance with the Development Standards within 3O days from the date of this letter. Noncompliance will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners. If the Board determines there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review permit. If you have information that may clear up this matter, please call or write. Sincerely, v (( }( /L CSEhuetl� �l�U '‘Curtent Planner KAS/sfr Enclosures v;t1Qj i3 INSPECTION REPORT NAME: Loloff Construction, Inc. 145 3rd street Kersey, CO 80644-0518 LEGAL DESCRIPTION OF PROPERTY: SE4 NW4/S2 NE4 NW4 Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. CASE NUMBER: USR-690 ZCH-86 DATE: February 4, 1992 The property was inspected due to a complaint that the property was used for a construction landfill (asphalt and concrete) . A large pile of road pavement and concrete is located on the property. Special Use Permit i7690 is for sand and gravel extraction. The application and approval resolution did not have any provisions for the storage of asphalt and concrete. The uses on the property are not in compliance with Development Standards 1, 17 and 18 as follows: Standard Number 1 states: 1. The uses permitted on the parcels shall be the extraction of sand and gravel as described in the application materials on file with the department of Planning Services and subject to the Development Standards listed herein. A construction landfill (asphalt and concrete) is located on the property. This use was not a use allowed by the approved special use permit. 17 . The Use by Special Review area shall be limited to the -plans shown herein and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above 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 and/or Standards are permitted. Any -other changes shall be filed in the office of the Department of Planning Services. The present uses of the property for a construction landfill (concrete and asphalt) is a material deviation from the plans and/or Standards as approved and no amendment has been approved to allow the uses . 18 . The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards . Noncompliance with any of the above stated Standards may be reason for revocation of the permit by the Board of County Commissioners. The property owner and/or operator of this operation is not complying with all of the approved standards. Standards 1 and 17 are not in compliance. DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000.EXT.4400 915 101h STREET ' GREELEY,COLORADO 80631 C. COLORADO February 20, 1992 Loloff Construction, Inc. Attention: Ed Loloff 145 3rd Street Kersey, CO 80644-0518 Subject: ZC11-86, located on property described as part of the SE4 NW4/52 NE4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. Loloff: Thank you for your February letter. The Department of Planning Services' staff has reviewed your letter and Special Use Permit File USR-690. The staff has determined that the use of the property for stockpiling (asphalt, concrete , and other materials) and recycling of these materials is a material deviation from the plans and/or standards approved by the Board of County Commissioners on September 25 , 1985. A Special Use permit would need to be approved for these uses or the uses removed from the property. Please call or write me if you have any questions. Respectfully, K- e e t t Current Planner KAS/sfr pc: USR-690 1zCM-86 LOLOFF CONSTRUCTION, INC. EXCAVATING AND CONTRACTING PHONE 353.1621 KERSEY. COLORADO . eoena February 1992 Department of Planning Services 915 10th Street FIB 1 9 1992 Greeley, Colorado 80631 t _. Attention Keith Schuett Subject : ZCM-86 Dear Mr. Schuett We are requesting a change in special use permit # 690. The change is as follows 1 . Stock pile asphalt material 2. Stock pile concrete material 3. Stock pile other material All of the above material will be recycled. Sincerely, Ed Loloff President roc7o PROBABLE CAUSE DATE: March 25, 1992 CASE NUMBER: ZCH-86 USR NUMBER: 690 OPERATOR Ed LoLoff LoLoff Construction P.O. Box 518 Kersey, CO 80644-0518 LEGAL DESCRIPTION: Part of the SE4 NW4/S2 NE4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: 145 3rd Street, Kersey, Colorado. Mr. Robert A. Ruyle, Attorney for Mr. LoLoff submitted a letter regarding this case. Mr. Ruyle represents Mr. LoLoff and is requesting that this case be continued to April 15, or April 21. The Department of Planning Services requests that the Board of County Commissioners grant the extension of time to April 15, 1992. 920437 4/6 Ra, `'� 920288 3/X) DATE: March 25, 1992 VIOLATION NUMBER: ZCH-86 USR-690 NAME: LoLoff Construction, c/o Ed LoLoff ADDRESS: P.O. Box 518, 145 3rd Street, Kersey, CO 80644-0518 LEGAL DESCRIPTION: Part of the SE4 NW4/S2 NE4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. CASE SUMMARY February 4, 1992 Property inspected. February 5, 1992 Violation letter issued. February 12, 1992 Mr. LoLoff inquired about the violation. February 19, 1992 Received a letter from Mr. LoLoff. February 20, 1992 Letter sent to Mr. LoLoff. March 13, 1992 Letter sent to property owner indicating that the violation case was referred to the County Attorney's Office. March 17, 1992 Received a letter from Robert Ruyle, Attorney for Mr. LoLoff. ROBERT A. RUYLE ATTORNEY AT LAW 420 6TH AVENUE P. O. BO% 0 " "1 -1 - GREELEY, COLORADO 80631 TELEPHONE (303) 352-6565 l...11 MAR 1 7 1992 l Mid ece^:j March 16 , 1992 Board of County Commissioners of Weld County, Colorado P. O. Box 758 Greeley, CO 80632 Re: LoLoff Construction, Inc. Probable Cause Hearing March 25 , 1992 Gentlemen: Ed LoLoff, President of LoLoff Construction, Inc. was a client of mine when I practiced law before joining Hensel Phelps Construction Co. I have had a close relationship with Ed for many years . I plan on retiring from our company in June of this year and had told Ed of my plan for retirement. When he was advised by the Department of Planning Services that a probable cause public hearing was to be held on the issue of compliance with zoning restrictions on his special use permit for property located northeast of Greeley, he contacted me for advice. I have agreed to represent Mr. LoLoff and his company, LoLoff Construction, Inc. , on this matter. However, the Department of Planning Services scheduled the hearing for March 25, 1992 and the notice of the hearing was mailed to interested parties before I could intervene to review the matter on behalf of LoLoff Construction, Inc. I currently have a scheduled agenda which limits my opportunity to be at the scheduled hearing on March 25 , 1992 . I spoke to Mr. Schuett and he advised that I should write the commissioners and request the matter be postponed for further consideration at one of your future Wednesday scheduled meetings. I am asking Mr. LoLoff to appear at your March 25, 1992 meeting for the purpose of requesting an extension of time to and until a date at which I will be able to appear on his behalf. I have reviewed my calendar and suggest the earliest Wednesday for my availability would be April 15, 1992 . The following Wednesday, April 11, 1992 , would also be an open date on my schedule. Board of County Commissioners of Weld County, Colorado March 16 , 1992 Page Two Please accept this letter as my explanation for reason to continue the scheduled hearing from March 25 , 1992 to a date in April for the purpose of further reviewing Case No. USR- 690 relating to LoLoff Construction, Inc. Your consideration of this request will be greatly appreciated. Sincerely, ,441_,71 41 Robert A. Ruyle ,/G RAR/kh cc: Keith A. Schuett-__ Ed LoLoff (.3µ",1c^.-f C March 6, 1992 Chairman of the Board Board of Commissioners Planning and Zoning Commission 915 - 10th Street Greeley, CO 80631 Re: Ed Loloff's dump on Balsam Avenue Dear Sir; We own land adjacent to Ed Loloff's sand and gravel operation. This operation passed even though it had numerous objections from the land owners surrounding this site. He wasn't suppose to haul off top soil - he did, several hundred truck loads for the bridge/road replacement and upgrading on Ash Avenue. To this 55 plus acres that's suppose to become a lake and wildlife refuge in 25 years he has hauled-in tons and tons of rip-rap (asphalt & concrete) making for an unsightly mess and a health hazard. George Hall , former head of the Highway Department's State Road Commission said that it is illegal to use or store asphalt for drainage ditches. As we live on a designated Federal floodplain and our drinking water is provided by wells, both Ed and City could be liable for any con- tamination thereof. It is our hope that you won't allow him leave the mess he has made. His rock crusher is there to crush what he digs up for the lake, not, to crush all the trash he has hauled-in. Thank you, ana Taylor Jim Taylor 665 Balsam Avenue Greeley, CO 80631 (303) 356-2869 MAR 11992 Wald Coz:Wg Pbaning mtmoRnn®um 41A, \ WI P Board of County Commissioners May 13, 1992 7o Date Keith A. Schuett, Current Planner" COLORADO From Probable Cause Hearing on Loloff Construction, Inc. , located subject; on part of the SE4 NW4 and 52 NE4 NW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. The Department of Planning Services staff requests that the Board continue this Probable Cause Hearing date to July 22, 1992. This would allow time for the amended special review permit application to be heard by the Board. 920418 ro), co �y/� \) ) ?90F'74! Hello