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HomeMy WebLinkAbout951131.tiffRESOLUTION RE: ACTION OF BOARD CONCERNING REQUEST FOR A TAVERN LIQUOR LICENSE AND DANCE HALL LICENSE FOR JUNE M. FAUDOA, DBA LA GARRA BAR 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, June M. Faudoa, dba La Garra Bar, 435 Wall Street, Eaton, Colorado 80615, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Tavern Liquor License, for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, and an application for a Dance Hall License, and WHEREAS, pursuant to Resolution #951038, dated May 17, 1995, the Board held a hearing on June 7, 1995, at 9:00 a.m., to consider said applications, and WHEREAS, June M. Faudoa, applicant, and Keith McIntyre, Attorney, were present at said hearing , and WHEREAS, staff has advised the Board that said establishment has been abandoned for a period of more than six months and/or one year and, therefore, has lost its status as a non -conforming use, pursuant to Sections 73.3 and 75.4 of the Weld County Zoning Ordinance, and WHEREAS, after hearing all of the testimony and statements of those present, studying the request of the applicant's representative and the recommendations of staff, the Board deemed it advisable to continue the request for said liquor and dance licenses to, and consider the non -conforming use issue on, June 26, 1995, at 9:00 a.m. NOW, THEREFORE, BE IT RESOLVED that the request from June M. Faudoa, dba La Garra Bar, for a Tavern Liquor License and Dance Hall License be, and hereby is, continued to June 26, 1995, at 9:00 a.m. BE IT FURTHER RESOLVED by the Board that the non -conforming use issue concerning said establishment be, and hereby is, scheduled to be heard on June 26, 1995, at 9:00 a.m., and 951131 LC0001 eC' : en; rrdoa1 A-2^_/n/yra; Soi 442,tcr; A,/c TAVERN LIQUOR AND DANCE HALL LICENSE - LA GARRA BAR PAGE 2 the Clerk to the Board be, and hereby is, directed to notice said issue in the County's legal newspaper, The Windsor Beacon. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A.D., 1995. BOARD OF COUNTY COMMISSIONERS W COUNTY, COL DO ATTEST: I / r4 24 /V v'' t Weld County Clerk to the Board BY: Deputy:Cbbrkkot..- Board `crtti3 t /George C�Baxter Constance L. Harbert 951131 LC0001 HEARING CERTIFICATION DOCKET #95-39 RE: HEARING CONCERNING TAVERN LIQUOR LICENSE APPLICATION FOR JUNE M. FAUDOA, DBA LA GARRA BAR A public hearing was conducted on June 7, 1995, at 9:00 a.m., with the following present: Commissioner Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Bruce Barker The following business was transacted: I hereby certify that a public hearing was conducted to consider the request of June M. Faudoa, dba La Garra Bar, for a Tavern Liquor License. Bruce Barker, County Attorney, made this a matter of record and stated Commissioner Baxter made an inspection of the premises on May 26, 1995, and found the sign properly posted. Keith McIntyre, applicant's attorney, stated there may be a land -use issue which needs resolved prior to this hearing, and he requested this matter be continued two weeks to allow time for research. Mr. Barker referred to Sections 73 and 75 of the Zoning Ordinance concerning abandonment of a non -conforming use. He also referred to his memo to the Board dated June 6, 1995, regarding action taken by the Weld County Drug Task Force and the State Liquor Enforcement Division to obtain a forfeiture of the premises. Mr. Barker stated the premise was returned to Ms. Faudoa and the case was dismissed; however, the applicant must also be in compliance with the Building and Zoning Ordinances. He stated the Board must determine how the use fits. Mr. McIntyre noted, due to late notice of this hearing, he has not researched the forfeiture proceedings and other legal aspects for this matter, which is a prerequisite. After discussion concerning the continuance date and notice of the non -conforming use, Cris Clinton, Weld County Drug Task Force, and Bill Powell, Superintendent of Eaton RE -2 Schools, both stated they would be unavailable on June 26, 1995; however, another representative of each entity would possibly be able to attend. Chairman Hall reminded them that they may also send in written comments. Mr. Barker confirmed notice to adjacent property owners is not required for a non -conforming use matter; however, notice will be published in the Windsor Beacon which is the County's legal newspaper. Commissioner Harbert moved to continue said liquor and dance hall license applications to and consider the non -conforming use on June 26, 1995, at 9:00 a.m. Commissioner Kirkmeyer seconded the motion, which carried unanimously. This Certification was approved on the 12th day of June, 1995. APPROVED: ATTESBOARD OF COUNTY COMMISSIONERS WELD COUNTY, CQLORQDO Weld C BY. Deputy Clerk tb ttte Bo DOCKET #95-39 TAPE #95-19 LC0001 Board J. Kirkmeyer, Pro-Te /GeoraeE Baxter Constance L. Harbert W. H. N bster de: C'? LC0001 Hello