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Home My WebLink About910060.tiff PLAT RECORDED IN BOOK 752 RECEPTION # 1674405 AR2240274 RESOLUTION RE: APPROVE REVOCATION OF SPECIAL USE PERMIT 11259, ISSUED TO HAROLD BAUMGARTNER 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 January 23, 1991, a Show Cause Hearing, continued from January 9, 1991, and December 19, 1990, was conducted to consider revocation of Special Review Permit 11259, issued to Harold Baumgartner; and WHEREAS, Harold Baumgartner, Cottonwood Land Farms, Tull Cattle Company, and Ted L. and Janice Cox were neither present, nor represented at said hearing, and WHEREAS, the Board heard all of the testimony offered concerning this matter, and having been fully informed, finds that the burden of proof has been met as to violations of Development Standard 113, which reads as follows: "That the petitioner shall proceed with due diligence to effect construction of said gravel pit operation and that he shall have up to one year from date hereof to begin the construction of same; otherwise, •the Board may, for good cause shown, on its own motion, revoke the Permit herein granted", and WHEREAS, pursuant to said Findings, the Board deems it advisable that Special Use Permit 11259 be revoked. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the burden of proof has been met as to violations of Development Standard 113. BE IT FURTHER RESOLVED by the Board that Special Use Permit 1!259 for a gravel pit operation, issued to Harold Baumgartner on January 14, 1985, be, and hereby is, revoked. PL0801 910060 B 1289 REC 02240274 02/01/91 13: 48 60.00 1/002 F 1227 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO IL � 1 _ ) r i Page 2 RE: REVOKE SPECIAL USE PERMIT 259, BAUMGARTNER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D. , 1991. [/�� / J/ BOARD OF COUNTY COMMISSIONERS ATTEST:L/2/04/ __ /0 �' , WELD COUNTY, C RA Weld County Clerk to the Board Gordon y rman ,R,:By: ___,,� (EXCUSED DATE 0 SIGNING) D p p the Board Geo a Kennedy, Pro-Tem ti t alo APPROVED AS FORM: ns ance L. Har e t c' )C5;? f'��4-4--- County Attorney C. W(. Kiir//b,,y�/l�//J AL-6,17-6- W. H. We PI V 910060 B 1289 REC 02240274 02/01/91 13: 48 X0. 00 2/002 F 1228 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO HEARING CERTIFICATION DOCKET N0. 91-02 RE: SHOW CAUSE HEARING FOR REVOCATION OF SPECIAL USE PERMIT 11259, ISSUED TO HAROLD BAUMGARTNER A public hearing was conducted on January 23, 1991, at 10:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Acting Clerk to the Board, Bobbie Good Assistant County Attorney, Lee Morrison The following business was transacted: I hereby certify that pursuant to a notice dated January 3, 1991, and duly published January 10, 1991, in the New News, a public hearing was conducted to consider the revocation of Special Use Permit 11259 issued to Harold Baumgartner, applicant, on property owned by Cottonwood Land Farms, Tull Cattle Company, and Ted L. and Janice Cox. Lee Morrison, Assistant County Attorney, made this a matter of record. Keith Schuett, Current Planner, represented the Department of Planning Services. The staff is requesting this special use permit be revoked. The applicant is currently in violation of Condition of Approval 113. Mr. Schuett reported no mining activity has been undertaken on this property. There was no public testimony on this matter. Commissioner Kennedy moved for revocation of Special Use Permit If259 for a sand and gravel operation issued to Harold Baumgartner based on the findings of the Department of Planning Services. The motion was seconded by Commissioner Harbert and carried unanimously. This Certification was approved on the 28th day of January, 1991. n APPROVED: t il ATTEST: ivt„ /6- ?477 BOARD OF COUNTY COMMISSIONERS / 7 WELD COUN Y, OLORADO Weld County Clerk to the Board .�'`/ Gord. ac ,� irman By: � �� EXCUSED DATE OF SIGNING Deputy C erk to the Board Geo e Kennedy, Pro-Tem onstance L. Harbert ert ' TAPE 1191-02 ,S.,:/ C. W. Kirby /J DOCKET 1191-02 PLO801 W. �We st r leh,b� m 910063 STATE OF COLORADO ) COUNTY OF WELD )s•s. • David B. Reynolds CORRECTED NOTICE says that he is being duly sworn , publisher of Pursuant to the so State Colorado zoning lawsof The New News, a weekly newspapernea n'n wilr Ordinance a p°°"e published in Ke@nesbur Chamberso noefrsthe Bo„�dof C� and State; that g i^ said Count nter, 915 td of Sued county, general said newspaper y Center.Colorado,915 10th Street, Circulation i per has a Floor. CrceleY, Colorado' First and has been 1^ said County time specified. All persons in and Con t - manner Interested °tom k'any uninterruptedly 1^ously and in the matter Pted1 are requested to attend and maY during a Y Published therein, should any interested period of at least deWesencedecoura�ater o fifty-two consecutive mma make record of taprc proceedings, the first publication weeks prior to hearing, hich will be kept during the notice; that said of the annexed Office shall the a adviised` Board's news m writing be newspaper within newspaper i s a prior to the hearing.��"eostaof act of the the meaning of the engaging a court reporter General Assembly BE TT�AthOti�H�rt9r"°u State of Colorado,, entitled of the s d�wLma be exaami that ned to regulate "An ACt the Clerk to the notices and the printing of legal located in onld onct Centennial Centter 915°10th Stye Street, advertisements, " and Third Floor Greeley,Colorado. amendments thereto; DOCKET NO.91-02 a that APPLICANT of which the annexed is atpr notice Bau!ngnrtner - Pei am copy taken Printed Hoeg elor-do090g81 published from said newspaper, was wNEps Cottonwood O Box 22Land Fa in said newspaper, Boulder.CO 90908 the regular and entire issueof in TW1 bo Rkherd Meyp�N avert number thereof, Flatiron a P.O.Boa Sand 8`Gravel - Boulder,CO 80108 Once a week Tad 4 and Janice Cox successive weeks�� T. ,___1767 d �tYRoad 201/2 was so 7 that said notice anuary231991 published in said news RTTEMpE: 10:00 A`YM 'Proper and not in an Paper CAUSEiTo� revlo ap s flow thereof, and that any supplement t°1a°CrolPerrn'a ttt No. s', issued to publication the first LEGALD'ES `1�oN Part of of said notice NEv+ aforesaid, wa on Ce as NE 4+ of SWl/4 of Section the Section 18 and -` Section 17, all in U of�FB 2 North Range 68 west tidy of Colorado P.M., Wcfd Coun[1, a 19 ii___ ISSN' 1 whether or not the a DSOs currently conducted on the vow are in y'tolation of Condition of and he last on the )�N �eFilioo Mr Nstiall' which states tkei day p f petinoce [o atfeproceed nstrueun cue said greie pit operation and that 11--- hheat�ll hate up to one year from 9� constructionf of to begin se` the Board may, for otherwise, shown, on its own motioon, revoke the permit herein grentM BOARD OF COUNTS' WELD COUNTYNALD,COLORADO Subscribed and WELDDCOUNTYC1ERK TO sorer to before BS'' Carol Hardgang,Deput3 E BOARD DATED:PUBLISHED: January 10, 991, me this y day of . in The New News 19_72._, CORRECTED NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 91-02 APPLICANT Harold Baumgartner P.O. Box 3 Brighton, Colorado 80601 PROPERTY OWNERS Cottonwood Land Farms P.O. Box 229 Boulder, CO 80306 Tull Cattle Company c/o Richard Meyer Flatiron Sand & Gravel P.O. Box 229 Boulder, CO 80306 Ted L. and Janice Cox 1767 Weld County Road 20-1/2 Longmont, CO 80501 DATE: January 23, 1991 TIME: 10:00 A.M. REQUEST: Hearing to SHOW CAUSE for revocation of Special Use Permit #259, issued to Harold Baumgartner LEGAL DESCRIPTION: Part of the NE} SW* of Section 9, NW} of Section 16, and the NE} of Section 17, all in Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado Docket Number 91-02 Probable Cause - Baumgartner Page 2 ISSUES: 1. Whether or not the uses currently conducted on the site are in violation of Condition of Approval #3, which states that petitioner shall proceed with due diligence to effect construction of said gravel pit operation and that he shall have up to one year from date hereof to begin the construction of same; otherwise, the Board may, for good cause shown, on its own motion, revoke the permit herein granted. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Carol Harding, Deputy DATED: January 3, 1991 PUBLISHED: January 10, 1991, in The New News Hello