HomeMy WebLinkAbout920873.tiff RESOLUTION
RE: FINDINGS OF THE BOARD CONCERNING SHOW CAUSE HEARING FOR REVOCATION OF
SPECIAL USE PERMIT #537 - JAMES MCDONALD
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 September 11, 1991, a Show Cause Hearing was conducted to
consider revocation of Special Use Permit #537, issued to James McDonald, and
WHEREAS, at said hearing of September 11, 1991, the Board deemed it
advisable to continue said matter to October 30, 1991, then to January 29, 1992,
then to May 13, 1992, then to July 15, 1992, then to July 22, 1992, at which time
said matter was again continued to September 16, 1992, at 10:00 a.m. , and
WHEREAS, James McDonald is owner and operator of said facility, located on
property described as part of the SWt of Section 25, Township 2 North, Range 68
West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, at said hearing of September 16, 1992, James McDonald, permit
holder, was not present or represented, and
WHEREAS, the Board heard all the testimony offered concerning this matter
and, having been fully informed, Finds that the burden of proof has been met, and
James McDonald is in violation of Operation Standards #1, #4, #5, #15, #16, #17,
and #21 of Special Use Permit #537, and
WHEREAS, the Board deems it advisable that an Order imposing the penalty
for the violations of Special Use Permit #537 will not be entered at this time
to allow Mr. McDonald to apply for an Amended Special Review Permit for an
airport, open-air museum, and associated uses in the A (Agricultural) Zone
District, with said application to be submitted to the Department of Planning
Services on or before October 16, 1992 for review, and
WHEREAS, the Board also deems it advisable to further consider said matter
on October 28, 1992 at 10:00 a.m.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Board hereby Finds that the burden of proof has been
met, and James McDonald is in violation of Operation Standards #1, #4, #5, #15,
#16, #17, and #21 of Special Use Permit #537.
BE IT FURTHER RESOLVED by the Board that an Order imposing the penalty for
the violations of Special Use Permit #537 shall not be entered at this time to
allow Mr. McDonald to submit an Amended Special Review Permit application to the
Department of Planning Services on or before October 16, 1992 for review.
BE IT FURTHER RESOLVED by the Board that this matter will be further
considered on October 28, 1992 at 10:00 a.m.
920873
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RE: FINDINGS OF BOARD - MCDONALD
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The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 16th day of September, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ve/ h21/144017 WELD COUNTY, COLORADO
/b/
Weld County Clerk to the Board
Geo e K ned , Chairman
•
BY:111�� .-74 A �,� .C�,..u.�'
Deputy C erk to the B Constance L. Har er , Pro-Tem
APPROVED AS FORM: EXCUSED DATE OF SIGNING (AYE)
County Attorney Go r.:��. �' •�'�
W. H. Webster
920873
HEARING CERTIFICATION
DOCKET NO. 91-50
RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE PERMIT #537
- JAMES MCDONALD
A public hearing was conducted on September 16, 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, Chuck Cunliffe
The following business was transacted:
I hereby certify that pursuant to a notice dated August 28, 1991, and duly
published August 29, 1991, in The New News, a public hearing was conducted
on September 11, 1991, to consider the revocation of Special Use Permit
#537 issued to James McDonald. At said hearing of September 11, 1991, the
matter was continued to October 30, 1991, and then to January 29, 1992,
then May 13, 1992, then to July 15, 1992, and then to July 22, 1992, and
then again continued to September 16, 1992 at 10:00 a.m. At said hearing
of September 16, 1992, Lee Morrison, Assistant County Attorney, made this
a matter of record. Neither James McDonald, permit holder, nor a
representative was present. Mr. Morrison noted for the record that the
Board approved a substantial change to allow Mr. McDonald to file an
application for an amended permit. Chuck Cunliffe, Planning Department
representative, recommended the Board continue this matter to allow the
process of the amended permit. Commissioner Lacy suggested the permit be
revoked, which would put the property back into the A (Agricultural) Zone
District. Mr. Morrison stated the 1985 permit is the permit being acted
on today. Commissioner Lacy made various comments concerning screening
and commercial activities as required under Agricultural Zoning
regulations. Mr. Cunliffe said there is a documented nonconforming use
permit from 1975; however, the surrounding property owners have changed,
and the parachuting operation has moved to Mr. Herson's property. There
are letters stating Mr. Herson's operation was in existence prior to 1975.
Mr. Cunliffe said that if the permit was revoked, all materials would need
to be screened but not necessarily the entire property. He also said the
burden of proof would be on Weld County if the matter would go to Court.
He clarified that Mr. McDonald is not willing to communicate which
activities, or to what degree thos activities are taking place. Mr.
Cunliffe said there is no good solution to the problem. Commissioner
Harbert questioned whether or not the revocation of this permit
grandfathers all activities before 1975. Mr. Morrison said not everything
developed after the 1975 permit was issued would be included.
Commissioner Kirby asked Mr. Morrison what the best procedure would be.
Mr. Cunliffe noted that if the 1985 permit is revoked, the 1975 permit may
still be effective. Mr. Morrison said that would probably have to be
resolved in Court. The Board members agreed to go into executive session
to allow Mr. Morrison to answer their questions.
Let the record reflect the Board is now in executive session.
Upon reconvening from executive session, Mr. Morrison explained that the
ramifications of the revocation proceedings are relative to getting
compliance with the Zoning Ordinance and discussed the available options.
Commissioner Lacy moved to find there is Show Cause and to allow Mr.
McDonald 30 days to submit an application for an amended special review
permit and be accepted by staff, with said matter to be reconsidered on
920873
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RE: HEARING CERTIFICATION - MCDONALD
PAGE 2
October 21, 1992 at 10:00 a.m. Mr. Cunliffe requested the application be
in their office on or before October 16, 1992 for review. Mr. Morrison
clarified that there are findings of fact in violation, and he noted he
will not be available on October 21. Chairman Kennedy suggested changing
the hearing date to October 28. Commissioner Lacy amended his motion to
October 28, 1992 at 10:00 a.m. Commissioner Harbert seconded the motion.
Commissioner Kirby clarified that there is finding of violation and the
imposition of penalty will be delayed. Mr. Morrison questioned whether
they are finding all issues in violation. Mr. Cunliffe said the weed
issue was resolved at the July 15, 1992 hearing. Mr. Morrison said all
issues on the July 9, 1992 Inspection Report from the Planning Department
are found to be in violation. Commissioners Lacy and Harbert agreed with
said statements, and the motion carried unanimously.
This Certification was approved on the 21st day of September, 1992.
/ APPROVED:
ATTEST: kaki? BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to he Board
By. Alt % eKeaYz4
Constance L. Ha , ro-Tem
TAPE #92-27
EXCUSED DATE OF APPROVAL
C. W. Kirb
DOCKET #91-50
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PL0842
W. Webs r
920873
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