HomeMy WebLinkAbout921047.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING - 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, then to
September 16, 1992, at which time said matter was again continued to October 28,
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 SW! of Section 25, Township 2 North, Range 68
West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, at said hearing of October 28, 1992, James McDonald, permit
holder, was present, and
WHEREAS, the Board, after hearing all testimony presented, deemed it
advisable to continue said matter to January 27, 1993, at 10:00 a.m. , to allow
Mr. McDonald to submit a complete plan to the Planning Department, which is to
be reviewed by staff by January 20, 1993, with revocation to occur if said
application is not submitted and complete.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing to consider revocation of Special
Use Permit #537, issued to James McDonald, be, and hereby is, continued to
January 27, 1993, at 10:00 a.m.
BE IT FURTHER RESOLVED by the Board that if a complete plan is not
submitted and reviewed by Planning staff by January 20, 1993, Special Use Permit
#537 shall be revoked.
921047
,G C% : Pd , Np1 (dial' / H ,�oh•
( i� �:
RE: SHOW CAUSE - MCDONALD
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 28th day of October, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: /_1a WELD COUNTY, COLORADO
/Weld County Clerk to the Board lit
Ge44 -r-
ehairman
BY: 42; -o
Deputy Cle c to the Board Constance L. Harbert,' Pro-Tem
APPROVED AS FORM: t'l"'�^�`��'
C. Kir y /
>49
C unty Attorney Gor
W. H. Webster
921047
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 October 28, 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, then to January 29, 1992, then
to May 13, 1992, then to July 15, 1992, then to July 22, 1992, then to
September 16, 1992, and then again continued to October 28, 1992, at 10:00
a.m. At said hearing of October 28, 1992, Lee Morrison, Assistant County
Attorney, made this a matter of record. Chuck Cunliffe, Planning
Department representative, said James McDonald submitted a letter
requesting this matter be continued to the first part of next year. Mr.
McDonald explained that his son is terminally ill. Commissioner Lacy
asked what work has been done. Sharon McDonald said she has worked on the
application, and it should be completed by January. Commissioner Kirby
questioned whether any further physical activity has been done. Mr.
Cunliffe said he was at the site four or five weeks ago, and it appeared
to be the same. Mr. McDonald said he has been working on the gates, and
no other work has been done. Commissioner Lacy clarified that nothing
further is to be done until the amended permit is considered, and that
public testimony is to concern only the continuance of this matter.
Commissioner Harbert said she was against any further continuances;
however, under the circumstances, she will consider it. Commissioner Lacy
suggested continuing this matter with the stipulation that if all matters
are not completed, court action will be taken. Mr. Morrison commented and
said if discretion is involved, the Board needs to make the decision.
Sandy Ingram, surrounding property owner, said she is opposed to the
continuance, and she feels it is time for another course of action to get
some results. Geraldine Russell, surrounding property owner, said she is
also against the continuance and would like to see Mr. McDonald be made to
comply. After further discussion, Commissioner Lacy moved to continue
this matter to January 27, 1993, with the complete plan to be submitted to
and reviewed by Planning staff by January 20, 1993, with revocation to
occur if said application is not submitted and complete. The motion was
seconded by Commissioner Kirby. After further discussion, Commissioner
Webster said he understands the circumstances; however, he feels the
ultimate decision needs to be made on January 27. The motion carried
unanimously. Commissioner Lacy reiterated that nothing is to be done
until January 27, 1993.
921047
RE: HEARING CERTIFICATION - MCDONALD
PAGE 2
This Certification was approved on the 2nd day of November, 1992.
APPROVED:
F ����e l ATTEST: / 'l.l �/V r/t j BOARD OF COUNTY COMMISSIONERS
li WELD CO TY, COLORADO
Weld County Clerk to the Board
By: (1)y Y the Geo e Ken edy, Chairman
Deputy Clek to the Board
527i-fill—ic 07/44/
onstance L. Harbe t, Pro-Tem
TAPE #92-35
C. W. K'
DOCKET #91-50
Go a
PL0842
W. H. Webster
921047
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 28th DAY OF October 1992:
DOCKET /192-62 - Substantial Change Hearing, Boyd
DOCKET # 91-50 - Show Cause Hearing, McDonald
DOCKET //
DOCKET //
PLEASE write or print your name legibly, your address and the DOCKET // (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
Oity , 1aot wc2 H 1 ch0,.k c^t a,Q rvk .c�a
L-ra�e�--5%J J L./r_-,C l
_045,41,
�i 8375 We- /'
b �1'�
4y.-� 7r AL //lop 4--
930106
Hello