HomeMy WebLinkAbout930245 RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT
#689 - GONZALES
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 February 17, 1993, a Probable Cause Hearing was held before the
Board to consider setting a Show Cause Hearing to determine whether or not Joe
Alvin and Romona Gonzales were in compliance with a certain Development Standard
contained in Special Review Permit #689, at which time the Board deemed it
advisable to continue said matter to March 17, 1993 at 9:00 a.m. , and
WHEREAS, the alleged violations were said to be occurring on property
described as part of Lot 8 in the NW* NWq of Section 30, Township 5 North, Range
65 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, at said hearing of March 17, 1993, 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
Alvin and Romona Gonzales 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 Joe Alvin and Romona Gonzales, 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 the following Conditions of Approval and Development Standards:
Development Standard #7: The term of this Use by Special Review,
upon the request of the applicant, shall be limited to a period of
five years.
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause
Hearing shall be April 14, 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.
PL0901
/� 930245
PLog01 4,`u : pc , }1 L r!U t tL L I AF1F7,
SET SHOW CAUSE - GONZALES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 17th day of March, A.D. , 1993.
F F ae' ? BOARD OF COUNTY COMMISSIONERS
ATTEST: /414Z6Vegt: ,•1 WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
l (/ �/�� Constance L. arbert,� Chairman
��,'
BY: r�Yl1� h� / P I.LD G.�-, !�� 1�.C �...P ,0"" "' "
Deputy erk to the Board W. H Webste , Pro-Tem
APPRQVED, AS TO FORM: t
e . axte
,ay County Atto ney Dale K. Hall
B0
Barbara J. Kirkm yer
930245
PROBABLE CAUSE
Continued from February 17, 1993
DATE: March 17, 1993
CASE NUMBER: ZCH-94
USR NUMBER: 689
PROPERTY OWNER: Joe Alvin and Romona Gonzales
ADDRESS: P.O. Box 1015
La Salle, CO 80645
LEGAL DESCRIPTION: Part of Lot 8, in the NW4 NW4 of Section 30, T5N, R65W
of the 6th P.M. , Weld County, Colorado.
LOCATION: West of Larson Avenue , south of 37th Street.
It is the opinion of the Department of Planning Services' staff that the
following Standards , as approved for USR-689, are not in compliance:
Development Standard Number 7 .
The term of this Use by Special Review, upon the request of the applicant,
shall be limited to a period of five years.
This Use by Special Review was to close on or before October 16 , 1990. The
business is still in operation.
This case was continued to allow the applicant a chance to apply for an amendment
to the Special Review permit or to move to a new location. Inspection on March
11 showed the operation has not moved. No application to amend the permit has
been received.
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 April 7 , 1993 , to consider revocation of USR-689.
930313
930245
;,.SIN"1'YR1: & VARALLO,, RC.
MICHAEL A. VARALLO SNE 1309 9�
9th AVENUEuSF
KEITH A. McINTYRE GREELEY,COLORADO 80631
(3031 3564343
October 23, 1985
0CT 2 51985
Mr. Loren Uhrig UREELEY,COLO,
1406 24th Avenue
Greeley, CO 80631
RE: Wooden fence by order of the County Commissioners
Dear Mr. Uhrig:
This letter is to advise you that my client, W. Gonzales, stands ready to
install the six foot wooden fence along the westerly line of Mr. Reuben
Gonzales' property adjacent to your mobile home park. At the present time
this fence cannot be erected due to the growth of the evergreen trees located
along that line. Since these trees are your property and located upon your
property, we are hereby giving you a formal request to trim the same back
sufficient to allow the installation of the fence and further requesting that
they be kept trim so as not to damage the fence as has been done with the
current chain length fence.
In all honesty, Mr. Uhrig, I feel these may be a better visual and sound
barrier then the wooden fence, however, we stand ready to comply with that
requirement. Until the trees are trimmed back, however, we are unable to
comply. Please notify us of the date that you intend to trim the trees so
that we may make arrangements for installation of the fence. If we do not
hear from you in the near future, we will assume that you agree with the
position that the trees in fact are a better barrier and will request the
County Commissioners to reconsider that particular requirement.
We thank you very much for your cooperation in connection with this matter.
Sincerely,
!CINTYRE && VARRAALLO, P.C.
,71
Keith A. McIntyre
Attorney at law
KAM/ar
cc: The Board of County Commissioners
Lee Morrison, Assistant County Attorney
Weld County Planning Commission
Jose A. Gonzales
7 1-ri • 1 C DEPARTMENT OF PLANNING SERVICES
I
PHONE(303)3533845, EXT.3540
WELD COUNTY ADMINISTRATIVE OFFICES
WI C. N.17TH AVENUE
GREELEYEY, COLORADO 80631631 COLORADO
October 19, 1992
Joe Alvin and Romona Gonzales
P.O. Box 1015
La Salle, CO 80645
Subject: USR-689
Dear Mr. and Mrs. Gonzales:
An on-site inspection of your property was conducted on October 1, 1992, to
determine if the Conditions of Approval and the Development Standards placed on
your property at the time USR-689 was approved by the Board of County
Commissioners are in compliance. The inspection revealed a violation of
Development Standard 7. 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 30 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,
rCC , • -3,_ �_-
Lanell J. Swanson
Current Planner
enclosures
930113
Hello