HomeMy WebLinkAbout911079.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING PROBABLE CAUSE HEARING - 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
11828 for a dog kennel to be operated by Judy Oakley, and
WHEREAS, Condition of Approval 116 states that the kennel shall be completed
by December 1, 1988, and
WHEREAS, the Department of Planning Services has initiated ZCH-70 to compel
compliance of the Use by Special Review, and
WHEREAS, on February 27, 1991, Judy Oakley appeared before the Board
requesting an extension of time to complete said kennels, and
WHEREAS, by Resolution dated February 27, 1991, a six month extension was
granted to Ms. Oakley, and a Probable Cause Hearing was scheduled for September
9, 1991, and
WHEREAS, on September 9, 1991, a Probable Cause Hearing was held to
determine whether or not there is sufficient violation to schedule a Show Cause
Hearing, and
WHEREAS, after review, the Board deems it advisable to continue said
Probable Cause Hearing to October 2, 1991 at 9:00 a.m. to allow time for staff
to assist the owner in completion of a work plan suitable to both parties.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, the Probable Cause Hearing be, and hereby is, continued to
October 2, 1991 at 9:00 a.m.
BE IT FURTHER RESOLVED by the Board that staff from the Department of
Planning Services and the Health Department be, and hereby is, directed to assist
the owner in completion of a work plan suitable to both parties.
911079
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RE: PROBABLE CAUSE HEARING - OAKLEY
The above and foregoing Resolution was, on motion duly made and seconded,
adopted
tbby�� the foll�!owin vote on the 9th day of September, A.D. , 1991.
J l' `/ y// / BOARD OF COUNTY COMMISSIONERS
ATTEST: �ypQ / UU%� WELD COU TY OLO ADO
Weld County Clerk to the Board
Go . L cy, airman
/J) /. 1By: 1 %Ag//! .t i --
Deputy Clerk to the Board-f Geo a Ke edy, Pro-Tem
APPROVED AS 0 FORM: PrnrtiLGC- iatc4
\ Constance L. Harbert
�
/Cunt Attorne �I
Y y C. W. Kirby
W. H. Webstele
911079
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PROBABLE CAUSE
DATE: September 9, 1991
CASE NUMBER: ZCH-70
USR/SUP NUMBER: USR-828
OPERATOR AND PROPERTY OWNER
Judy Oakley
12236 Weld County Road 18
Ft. Lupton, CO 80621
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.
It is the opinion of the Department of Planning Services' staff that the
following Conditions of Approval and Development Standards, as approved for
USR-828, are not in compliance:
Condition of Approval #6 required the number of adult dogs on the site
not to exceed 30 until the kennel structures are completed. The
structures were required to be completed by December 1, 1988. The
structures have not been completed as of this date. Ms. Oakley states
she has "30 or 31" dogs.
Condition of Approval #7 required the structure to be frame
construction to lessen the audio impacts.
Development Standard #4 required quarterly samples of water from the
cistern to be tested to assure potability, and the results provided to
the Weld County Health Department. This has not been done.
Development Standard #9 required the water source for the kennel
operation to be a cistern filled with a legal, commercial source of
water or a permitted well. No evidence has been submitted that there
is any legal source of water on the site for the kennel. The well on
the property is permitted only for domestic purposes.
Development Standard #10 required exercise areas to be of sufficient
size to allow any dog to break into a run. The runs have not been
constructed.
Development Standard #11 required the portion of the site which is not
used for the kennel operation or the residence to be covered with
grass and shrubs. A large portion of the property is in weeds.
Development Standard #13 required all dogs to be enclosed within the
kennel structures between the hours of 10:00 p.m. and 7:00 a.m.
Development Standards #18 and #19 limited the site to the plans as
approved and provided that noncompliance with any of the standards may
be reason for revocation of the permit by the Board of County
Commissioners.
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 October 2, 1991, to consider revocation ` 'Tr^
828 91107 3
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