HomeMy WebLinkAbout740391.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
C OFFICE OF COUNTY ATTORNEY
SAMUEL S.TELEP
ril'f;' � Hr COUNTY ATTORNEY
PHONE (303) 352-2369
ri r- "'I r 220 FIRST NATIONAL BANK BUILDING
GREELEY,COLORADO 80631
J O January 29, 1974
CODE ADO
Robert Ausenhus, Esq.
203 East 5th Street
Loveland, Colorado 80537
Dear Mr. Ausenhus:
Re: Ke4rn Cattle Company Feedlot Operation
Your recent letter regarding the purported expansion of the above
entitled feedlot operation has been turned over to this office for
attention.
Please be advised that I have thoroughly read your letter and
have noted its contents.
As a result of your letter and other complainants, specifically
the Pineda family, I took the trouble to review the complete trans-
script of the public hearing had before the Board of County Commissioners,
and a check of the full record of the proceedings shows that all of the
testimony appears to indicate that Mr. Kirby, who testified in favor of
the feedlot expansion, was denied permission to expand his feeding oper-
ation to include 2500 head. At the time of the hearing, and this is in the
record, he testified that he was feeding or had capacity to feed approx •
-
imately 700 head and was asking permission to expand same to 2500 head,
This request was unanimously denied by the Board; however, there
appeared to be no recommendation from the Planning Commission as to
a planned unit development nor was there one submitted and neither was
he precluded from building on to and/or expanding his then present
corrals.
All in all, it is my opinion that if Mr. Kirby built more feed bunks
and additional concrete aprons to make his cattle more comfortable, then
he must be commended as a good farmer and cattle feeder. I find no
violation of the law in an instance when a cattle feeder desires to have
his cattle be more comfortable. Whether his corrals encompass 6 acres
or 60 acres, I feel that he is not in violation so long as he feeds not more
than the 700 head that he originally admitted he had room for. It is my
WELD COUNTY COMMISSIONERS
HARRY S. ASHLEY
GLENN K. BILLINGS
PL0745 740391 ROY MOSER
Mr. Aesenhus
January 29, 1974
Page -2-
recollection that his testimony was not contradicted at the hearing, and
I feel that he therefore is not in violation. As a matter of fact, both
Mr. Ashley, County Commissioner from Disirict #2, and I personally
viewed subject property and saw no more than 500 head on feed at any
one time and in fact a number much less than he legally was and is
entitled to feed on the premises.
I trust that I have satisfactorily answered your inquiry and I am
recommending that the Board of County Commissioners close its file
on this matter,
Ver my yours,(i/g.S uel's Tel 1
County Attorney
SST/emw
i_/ cc Board of County Commissioners •
Hello