HomeMy WebLinkAbout921179.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT
11890 - 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 December 16, 1992, a Probable Cause Hearing was held before the
Board to consider setting a Show Cause Hearing to determine whether or not Howard
S. and Susan A. Franklin were in compliance with a certain Development Standard
contained in Special Review Permit #890, and
WHEREAS, the alleged violations were said to be occurring on property
described as part of the SWa of Section 18, Township 3 North, Range 64 West of
the 6th P.M. , 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 Kent Pollard now owned by Howard S.
and Susan A. Franklin, should be revoked for failure to comply with a certain
Development Standard, and
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 Kent Pollard, now owned by Howard S. and
Susan A. Franklin, should be revoked.
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 a certain Development Standard.
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause
Hearing shall be Wednesday, January 6, 1993, 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.
921179
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SET SHOW CAUSE - FRANKLIN (POLLARD)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 16th day of December, A.D. , 1992.
/ tf I. e ? > BOARD OF COUNTY COMMISSIONERS
ATTEST: r"YLpp'4 " WELD COUNTY, COLORADO
Weld County Clerk to the Board (NAY)
BY: S�� George Kennedy, Chairman
{'1- k-)T/1p -C :an'i Y214/GCE)
Deputy Cle to the Board Constance L. HarbePro-Tem
PROVED AS TO F M: (AYE)
AYE
County Attorney Gor . L c
AYE
W. H. ebster
921179
PROBABLE CAUSE
DATE: December 16, 1992
CASE NUMBER: ZCH-95
USR/SUP NUMBER: 890
PROPERTY OWNER
Howard S. and Susan A. Franklin
25350 Weld County Road 32
LaSalle, CO 80645
LEGAL DESCRIPTION: 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.
It is the opinion of the Department of Planning Services' staff that the
following Development Standard, as approved for USR-890 are not in
compliance:
Development Standard #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. However, no written
statement regarding abandoning the permit has been received. Since
three years have passed, the Board of County Commissioners would need
to formally extend the vesting period for this use to develop.
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 January 6, 1993 at 10:00 a.m. to
consider revocation of USR-890.
921179
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