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RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL REVIEW
PERMIT 11908 - LAKU LANDING, C/0 PHILIP G AND ELLEN J. YASTROW/RANDY
HOCKING
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 November 20, 1991, a Probable Cause Hearing was held
before the Board to consider setting a Show Cause Hearing to determine
whether or not Laku Landing, c/o Philip G. and Ellen J. Yastrow/Randy
Hocking, was in compliance with certain Conditions of Approval and
Development Standards contained in Special Review Permit 11908, and
WHEREAS, the alleged violations were said to be occurring on property
described as part of the Si of Section 20, and part of the N; of Section
29, Township 6 North, Range 67 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, 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 Laku
Landing, c/o Philip G. and Ellen J. Yastrow/Randy Hocking, should be
revoked for failure to comply with certain Conditions of Approval and
Development Standards, 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 Use Permit issued to Laku Landing,
c/o Philip G. and Ellen J. Yastrow/Randy Hocking, 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 115: The property shall be maintained in
compliance with the Weld County Flood Hazard Overlay District
Requirements.
Development Standard 1125: All construction on the property
shall be in accordance with the requirements of the Weld County
Building Code Ordinance.
PL0689
911380
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Page 2
RE: SET SHOW CAUSE - 1.AKU LANDING
Development Standard 1129: The Special Review area shall be
limited to the plans shown herein and governed by the foregoing
Standards and all applicable -Weld County Regulations. Major
changes from the plans or -Development Standards as shown or
stated shall taquire the approval of an amendment of the permit
by the Weld County Planning Commission and the Board of County
Commissioners before such changesfrom the plans or Development
Standards are permitted. Any other changes shall be filed in
the Office of the Department of Planning Services.
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause
Hearing shall be January 8, 1991, et 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.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the 20th day of November, A.D. ,
1991. /�
j� ,11/44 BOARD OF COUNTY COMMISSIONERS
ATTEST: u / //(j�"� WELD COUN Y, OLORADO
Weld County Clerk to the Board •
Do a , rman
By: ! EXCUSED
Deputy Clerk to the Board Deorge Kennedy, Pro-Tem
APPROVED A FORM:
nstance L. Harbert
t is �.-_ � , /22c
ounty Attorney C. W. Kirby 1{/1
at
W. H. Webster
911380
PROBABLE CAUSE
DATE: November 20, 1991
CASE NUMBER: ZCH-S2
USA/SUP NUMBER: USR-908
PROPERTY OWNER: Philip G. and Ellen J. Yastrow/Randy Hocking
Laku Landing, P.O. Box 332
IJindsor, CO 80550
LEGAL DESCRIPTION: Part of the S2 of Section 20, and part of the N2 of
Section 29, T6N, R67W of the 6th P.M. , Weld County,
Colorado.
LOCATION: South of and adjacent to the Town of Windsor; west of Weld County
Road 17, at the west end of Weld County -Road 66.
It is the opinion of the Department of Planning Services' staff that the
following Standards, as approved for USR-908 are not in compliance:
Development Standard #5: The property shall be maintained in compliance
with the Weld County Flood Hazard Overlay District Requirements.
Although several submittals have been received by the Department of
Planning Services' staff, a Flood Hazard Development permit can not be
approved. Some of the statements made do not comply with Weld County
Flood Hazard Regulations. All required issues have not been
addressed.
Development Standard x/25: All construction on the property shall be in
accordance with the requirements of the Weld County Building Code
Ordinance.
At the time zoning compliance hearing action was initiated, building
-permit applications had not been submitted for structures which had
been placed on the site. Building permit applications have now been
submitted but cannot be issued until a Flood Hazard Development permit
has been approved.
Development Standard x/29: The Special Review area shall be limited to the
plans shown herein and governed by the foregoing Standards and all
applicable Weld County Regulations. Major changes from the plans or
Development Standards as shown or stated shall require the approval of an
amendment of the permit by the Weld County Planning Commission and the
Soard of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in
the office of the Department of Planning Services.
She stockpiles and other construction-related structures are not as shown
on the recorded Use by Special -Review plat. The applicants have not
complied with all development standards and all applicable Weld County
Regulations.
Based upon the above information, the Department of Planning Services'
staff recommends that the Board of County Commissioners schedule a 911380
"Show Cause" public hearing `November 27, 1991, to''consider
... .__. , e1 un
revocation of USR--908.
• �1
DEPARTMENT OF PLANNING SERVICES
PHONE(303)358-4000,EXT.4400
915 10th STREET
11111De
-GREELEY,COLORADO 80631
COLORADO
_October 3, 1991
Mandy Hocking
Philip G. and Ellen J. Yastrow
P.O. Box 332
Windsor, CO 80550
Subject: ZCH-82
Dear Mr. Hocking and Mr. and Mrs. Yastrow:
An on-site inspection of your property seas conducted on -October 2, 1991, to
determine if the Development Standards placed on your property at the time USR-
908 was approved by the Board of County Commissioners are in compliance. -The
inspection revealed violations of Development Standards #5, 25, and 29. 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 on or before November 4, 1991. Noncompliance will result
in our office scheduling a Probable Cause Hearing before the Board of County
xommissioners. 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,
Lanell J. Swanson
Current Planner
IJS/sfr
enclosures
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