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HomeMy WebLinkAbout950181.tiffRESOLUTION RE: ACTION OF BOARD CONCERNING PROBABLE CAUSE FOR SPECIAL USE PERMIT #454 - DUCKWORTH 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, notice was given that a Probable Cause Hearing, pursuant to Section 81 of the Weld County Zoning Ordinance, would be held before the Board concerning Special Use Permit #454 issued to Howard Duckworth, dba Weld County Waste Disposal, Inc., and WHEREAS, at said hearing before the Board on February 8, 1995, staff presented a letter from Richard Judd, attorney representing Mr. Duckworth, requesting a continuance of this matter to March 1, 1995, because of a scheduling conflict, and WHEREAS, the Board deemed it advisable to continue said matter to March 1, 1995 to allow Mr. Judd to be present. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that this matter be, and hereby is, continued to March 1, 1995, at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of February, A.D., 1995. BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board BY: Deputy Clerk to the Board APPR• • ED AS�FOR ounty Attorn - y Pt; IL) LL ZccAwa r -N1) Jitc2 WELD COUNTY, C.OLO,aADO Dale K. Hall, Chairman FXCl1SFlD IIATF OF SIC;NINP, Barbara J, fSirkmeyer, Projem Sorge E. Baxter (AYF} Constance L. Harbert W. H. Webs er" J 950181 PL0447 RICHARD D. JUDD, P.C. ATTORNEY A T LAW 1660 LINCOLN STREET, SUITE 2800 DENVER COLORADO 80264 FACSIMILE: 303/831-1181 TELEPHONE: 303/831-1110 February 1, 1995 VIA FACSIMILE AND REGULAR MAIL Clerk of the Board of County Commissioners Board of County Commissioners Weld County 915 10th Street Greeley, Colorado 80631 n rr Re: Weld County Waste Disposal, Inc. Zch-102, SUP -454 Located: A part of the northwest 1/4 of Section 12, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado Dear Clerk: By letter dated January 27, 1995, sent by facsimile transmission to me on that date and to Weld County Waste Disposal, Inc., notice was given that a probable cause public hearing pursuant to Section 81 of the Weld County Zoning Ordinances would be held before the County Commissioners of Weld County commencing on February 8, 1995 at 9:00 a.m. or as soon thereafter as the agenda of the Board of County Commissioners permit. I was out of my office on January 27, 1995 and did not receive the notice until January 30, 1995. I then received, by Federal Express, the complete package of January 31, 1995. I will be unavailable to be present at that time as I am scheduled to be out of the State of Colorado from February 7 through February 12, 1995. I would, therefore, respectfully request that the hearing be continued to one of the following Mondays or Wednesdays at which time I will be available: February 20, 1995 March 1, 1995 March 6, 1995 March 13, 1995 March 15, 1995 March 20, 1995 March 22, 1995 March 27, 1995 March 29, 1995 950181 RICHARD D. JUDD, P.C. Clerk of the Board of County Commissioners February 1, 1995 Page 2 Please contact me just as soon as possible to set a date for the hearing so that I can schedule it without conflict. I today discussed this request for continuance with Lee Morrison, Esquire, the Weld County Attorney handling this matter for the County. Mr. Morrison indicated that a March 1, 1995 hearing date would be an alternative. That date is satisfactory with Weld County Waste Disposal, Inc. The rights of Weld County Waste Disposal, Inc. may be impacted by any determination reached by the County Commissioners at this hearing. Weld County Waste Disposal, Inc. desires to and should be represented by counsel at that hearing. Further, the packet which I received yesterday indicates ten violations, many of which have subparts, are set for hearing. Less than ten days prior notice is inadequate to prepare to address these issues. I would request that if the Department of Planning Services has filed any documentation with the Weld County Commissioners seeking the hearing on the same, that copies of those documents be provided to me. Thank you for your attention to this matter. Yours very truly, Richard D. Judd RDJ/vab cc: Lee Morrison, Esq. (via facsimile) Mr. Keith A. Schuett (via facsimile) Mr. Trevor Jiricek (via facsimile) Mr. Don Shosky (via facsimile) Mr. Howard Duckworth (via facsimile) Hello