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HomeMy WebLinkAbout991105.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING BOARD OF HEALTH DENIAL FOR A DOMESTIC SEPTIC SLUDGE PERMIT -ARTHUR, BRADLEY, AND ROBERT BEIERLE, AND SAMUEL CARLSON, c/o FORREST LEAF 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, the Board of County Commissioners held a public hearing on the 17th day of May, 1999, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of hearing an appeal of the Weld County Board of Health Denial, on March 23, 1999, for a Domestic Septic Sludge Permit for Arthur, Bradley, and Robert Beierle, and Samuel Carlson, 16373 Weld County Road 28, Platteville, Colorado 80651, on the following described real estate, to-wit: Part of the S% of the SWY< of Section 14, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Forrest Leaf, Leaf Engineering, at said hearing, and WHEREAS, Section 49.2 of the Weld County Zoning Ordinance provides standards for review of said Domestic Septic Sludge Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the appeal of the applicant and the decision of the Weld County Board of Health, and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be denied for the following reasons: 1. It is the opinion of the Board of County Commissioners that requirements of Section 49.5.1.5 through 49.5.1.9 have not been met, specifically: A. Section 49.5.1.5 - The applicant has not demonstrated the ability to prevent, control, and abate spillage of septic sludge, partially due to the grade of the property and storm water runoff. B. Section 49.5.1.6- The applicant's methods of handling, storage, and disposal of the Domestic Septic Sludge has not demonstrated the ability to control fugitive dust, blowing debris, odor and other potential nuisance conditions. C. Section 49.5.1.7 - The use is not compatible with existing surrounding land uses. D. Section 49.5.1.8 - The use is not compatible with future development in the area. I 111111 IIIII 111111 IIIII IIIII 111111 illIII IIIII 1111 iIII �- El L/ 991105 2897848 08/02/1999 04:15P Weld County CO HL0025 1 of 2 R 0.00 D 0.00 JA Sul(' Tsukamoto APPEAL OF BOARD OF HEALTH DETERMINATION - BEIERLE/CARLSON PAGE 2 E. Section 49.5.1.9 - The applicant has not demonstrated adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the determination of the Weld County Board of Health to deny the application of Arthur, Bradley, and Robert Beierle, and Samuel Carlson for a Domestic Septic Sludge Permit on the hereinabove described parcel of land be, and hereby is, upheld and the application is denied for the abovementioned reasons. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D., 1999. OARD OF COUNTY COMMISSIONERS ���� COUNTY, COL ADO ATTEST: , rn'vK'! ►���I•�� a�\ 1 � Dale K. Hall, Chair C/ Weld County Clerk to th ,o- el I i; „ 5-r - l 4 ��JtL�i <-1 I y Barb a J. Kirkmeyer, ro-Tem l Deputy Clerk to the �� u � j ` - x �� IO W% Geor e E. r AP S TO FORM: . J. eile t orney 9 / Glenn Vaad� 1111111111111111111111 ����� 111111 ����� ALL 111111111 VIII 2897848 08/02/1999 04:15P Weld County CO 991105 2 of 2 R 0.00 D 0.00 JA Suit! Tsukemoto HL0025 Hello