HomeMy WebLinkAbout20231872.tiffRESOLUTION
RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING, PCSC22-0021,
CONCERNING USE BY SPECIAL REVIEW PERMIT, USR11-0004 - DONN FOSTER
AND MARY LEE HARDY, FOSTER TRUCKING, INC.
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 the 1st day of February, 2023, a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or not Donn Foster
and Mary Lee Hardy. Foster Trucking, Inc., P.O. Box 513, Kersey, Colorado 80644, was in
compliance with certain Development Standards contained in Use by Special Review Permit,
USR11-0001, for an Oil and Gas Support Facility (water hauling) and any Use Permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(maintenance and fabrication of new and existing trucks), provided that the property is not a lot in
an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions, in the A (Agricultural) Zone District, and
WHEREAS, the alleged violations were said to be occurring on property being further
described as follows:
Lots A and B of Recorded Exemption, RE -4573;
being part of the N1/2 SW1/4 of Section 1,
Township 5 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, on February 1, 2023, the Board heard all of the testimony and statements of
those present and reviewed the request of the Donn Foster and Mary Lee Hardy, Foster Trucking,
Inc., for a continuance and, having been fully informed, continued the matter to July 12, 2023, at
9:00 a.m., to allow the Fosters adequate time to bring the site into compliance, and
WHEREAS, at said hearing on July 12, 2023, the Board heard all of the testimony and
statements of those present and, having been fully informed, finds the matter should be continued
to January 10, 2024, at 9:00 a.m., to allow the permittees additional time to get an agreement in
place with the Ogilvy Dtch Company and bring the site into compliance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, tha: the abovementioned matter be, and hereby is, continued to January 10,
2024, at 9:00 a.m.
cc :PL(TP/MW/Ka) CA(B), Y1PPL.
o s/23 /2.3
2023-1872
PL0674
PROBABLE CAUSE, PCSC22-0021 - DONN FOSTER AND MARY LEE HARDY,
C/O FOSTER TRUCKING, INC. (USR11-0004)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of July, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daeuivi jei ;(4
Weld County Clerk to the Board
BY:CAW:11A .1/00tA I4Yrik
Deputy Clerk to the Board
APPDAST
ounty At : ney
Date of signature: _
s► 12023
Mikeeman, Chair
je
Perry L, Bum, Pro-Tem
tt K. James
n
Ross
ine
2023-1872
PL0674
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