HomeMy WebLinkAbout940194.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW
#793 - GATES
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 February 16, 1994, a Probable Cause Hearing was held before the
Board to consider setting a Show Cause Hearing to determine whether or not
Shirley L. and Jerrilyn J. Gates were in compliance with certain Development
Standards contained in Special Review Permit #793, which was originally issued
to John E. and Carolyn J. Fitch for a greyhound dog kennel (20 dog maximum) , and
WHEREAS, the alleged violations were said to be occurring on property
described as Lots 1 and 2, Block 46, Aristocrat Ranchettes, 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 Use by Special Review issued to John E. and Carolyn J. Fitch should
be revoked for failure to comply with certain 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, and hereby is, scheduled to
determine whether or not the Use by Special Review issued to John E. and Carolyn
J. Fitch, 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 Development Standards:
Development Standard #1: The Use by Special Review Permit is for a
greyhound kennel as submitted in the application materials on file
in the Department of Planning Services and subject to the
Development Standards stated herein. The maximum number of dogs
permitted is 20.
940194
PLD305 d /w ' 'N L-1-Hrt.'5 • � >ce
SET SHOW CAUSE - GATES
PAGE 2
Development Standard #7: The Use by Special Review Permit shall not
be transferrable to any successors in interest to the described
property and shall terminate automatically upon conveyance or lease
of the property to others.
Development Standard #12: The Use by Special Review area shall be
limited to the plans shown herein and governed by the foregoing
standards and all applicable Weld County Regulations. Any material
deviations from the plans or standards as shown or stated shall
require the approval of an amendment of the Permit by the Weld
County Planning Commission and the Board of County Commissioners
before such changes from the plans or standards are permitted. Any
other changes shall be filed in the office of the Department of
Planning Services.
Development Standard #13: The property owner or operator shall be
responsible for complying with all of the foregoing standards.
Noncompliance with any of the foregoing standards may be reason for
revocation of the Permit by the Board of County Commissioners.
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause
Hearing shall be March 2, 1994, at 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 16th day of February, A.D. , 1994.
/01/4"47 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, C//ppLO�{RADO
Weld County Clerk to the Board 4 � 1 / .Cjf 2 i}�
�� // y��, W. H.
Webster, airman
BY: care LXhLOQ1ti �.l J
Deputy Cl/etk to the Board Dale/ Hall, ro m
APPRO S TOIIFORM: ✓'- -e
eoorr aa. Baxter �,�7 / �,
Q C --6172-1-44-04e-1---/c75 PVCC�ZP
ounty Attorn ? Constance L. Harbert
arbara J. Kirkme er
940194
PROBABLE CAUSE
DATE: February 16, 1994 CASE NUMBER: ZCH-99
USR/SUP NUMBER: USR-793
Shirley L. and Jerrilyn J. Gates
7341 Hart Street
Ft. Lupton, CO 80621
LEGAL DESCRIPTION: Lots 1 and 2, Block 46, Aristocrat Ranchettes, Weld County,
Colorado.
LOCATION: Property bordered by Casler Street to the north and Hart Street to the
east (7341 Hart Street) .
It is the opinion of the Department of Planning Services' staff that the
following Development Standards, as approved for USR-793 are not in compliance.
Development Standard Number 1 states:
The Use by Special Review permit is for a greyhound kennel as submitted in
the application materials on file in the Department of Planning Services
and subject to the Development Standards stated herein. The maximum number
of dogs permitted is 20.
The property is not being maintained in compliance with the application materials
as submitted and on file in the Department of Planning Services. The application
was for a greyhound kennel. May other types of dogs were observed at the windows
of the mobile home while knocking at the door to obtain permission to inspect the
property.
Development Standard Number 7 states:
The Use by Special Review permit shall not be transferable to any
successors in interest to the described property and shall terminate
automatically upon conveyance or lease of the property to others.
The property has been transferred from John E. and Carolyn J . Fitch, to Shirley
L. Gates , and Jerrilyn J. Gates. The warranty deed for this transfer of
ownership is recorded in Book 1407, Reception 02355691. A copy of this warranty
deed is attached to this case file.
Development Standard Number 12:
The Use by Special Review area shall be limited to the plans shown herein
and governed by the foregoing standards and all applicable Weld County
Regulations . Any material deviations from the plans or standards as shown
or stated shall require the approval of an amendment of the permit by the
Weld County Planning Commission and the Board of County Commissioners
before such changes from the plans or standards are permitted. Any other
changes shall be filed in the office of the Department of Planning
Services.
940194
Shirley L. and Jerrilyn J. Gates
SJSR-793/ZCH-99
-Page 2
The Special Review area has not been limited to the plans as shown and or
standards as approved and an amendment to the permit has not been submitted for
review and approval.
-Development Standard Number 13:
The property owner or operator shall be responsible for complying with all
of the foregoing standards. Noncompliance with any of the foregoing
standards may be reason for revocation of the permit by the Board of County
Commissioners.
The property owner or operator has not complied with all of the foregoing
standards.
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 March 2, 1994, to consider revocation of USA-793.
Hello