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LDUJJLL.R.LNG AND SURVCY I I:S COI II ll' aL
This oommittee is charged with responsibility to review the organization
of the Planning Commission, Board of Appeals and activities of the County
in the area of Building Permits. The application of State imposed zoning
regulations in a Home Rule County should be inquired of the Conunission
Counsel. This committee is also charged with studying the planning of
roads, utility rights-of-way and operations outside municipalities, the
areas of engineering services to the County as well as survey services.
The office of County Surveyor should be studied by this conmittee.
The corrunittee should consider alternative ways to control establishment
of bureaucracies through this de
department and to organize it so it is
responsive to the needs of the County and its citizens. Numerous complaints
of outraged rural citizens indicates excesses have developed under the
present organization of the Planning Commission, Building Permit Department
and Board of Appeals. There may be means of correction other than thorough
a Charter which are worthy of consideration.
The corrunittee should study thepresent organizationI'procedures and to see I,
if and how the planning and zoning activity should be reorganized.
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RESOLUTION
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RE: BY-LAWS FOR THE WELD COUNTY BOARD OF ADJUSTMENT
The Weld County Board of Adjustment is subject to Article 2 of
Chapter 106, Colorado Revised Statutes 1953, as amended in 1959 and
also subject to a resolution creating the Board of Adjustment adopted f
by the Weld County Board of County Commissioners on March 6, 1963.
Those sections of these two documents which specifically apply to the
organization and operation of the Weld County Board of Adjustment are
briefly summarized as follows:
I
APPOINTMENT
1. The Board of Adjustment shall consist of five members .
appointed by the Board of County Commissioners (Resolution, Paragraph
2. )
2. The terms of office of each member of the Board of Adjustment
after the first appointment shall be for a term of three years (Resolution, •
Paragraph 7. )
3. Not more than half of the members of the Board of Adjustment •
may, at any time, be members of the Planning Commission. (Statutes,
106-2-16. )
4. Any member of the Board of Adjustment may be removed for
cause by the Board of County Commissioners upon written charges and
after a public hearing. (Statutes, 106-2-16. )
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5. Vacancies shall be filled for the unexpired term in the same
manner as in the case of original appointments. (Statutes, 106-2-16. )
6. The Board of County Commissioners may appoint associate i
members of the Board of Adjustment and in the event that any regular
member be temporarily unable to act owing to absence from the County,
illness, interest in a case before the Board, or any other cause, his
place may be taken during such temporary disability by an associate
member designated for the purpose. (Statutes, 106-2-16. )
II.
ORGANIZATION
1. All meetings of the Board of Adjustment shall be held at the
call of the Chairman and at such other times as the Board may determine.
(Resolution, Paragraph 9. ) All meetings of the Board of Adjustment shall
be open to the public. (Statutes, 106-2-16 and Resolution, Paragraph 10. )
2. The Board of Adjustment shall keep minutes of its proceedings
showing the vote of each member upon each question, or if absent or
failing to vote, indicating such fact and shall keep records of its examinations
and other official actions, all of which shall be immediately filed in the •
office of the Board of Adjustment and shall be a public record. (Statutes,
106-2-16 and Resolution, Paragraph 10. )
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3. The concurring vote of four members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision or deter-
mination of an administrative official or agency or to decide in favor of the
appellant. 'Statutes, 106-2-17 and Resolution, Paragraph 11. )
III.
FUNCTIONS AND POWERS
1 . Actions of the Board of Adjustment shall be in conformance with
Colorado Revised Statutes, 1953, as amended in 1959 (106-2-17) and with
1 Paragraphs 9. 1 and 9. 2 of Section IX of the Weld County Zoning Resolution
which states as follows:
a. Appeals to the Board of Adjustment may be taken by any person
aggrieved by his inability to obtain a building permit, or by the decision of
any administrative officer or agency based upon or made in the course of
the administration or enforcement of the provisions of this Resolution.
Appeals may be taken by any officer, department, board or bureau of the
county affected by the granting or refusal of a building permit or other
decision of an administrative office or agency based on or made in the
course of the administration or enforcement of the provisions of this Resolution.
• b. Appeals to the Board of Adjustment must be made in writing and
filed with the Board of Adjustment within 60 days of the act or failure to act
or decision appealed from.
c. Upon appeals the Board of Adjustment shall have the following
powers:
(1) To hear and decide appeals where it is alleged by
the appellant that there is error in any order, requirement,
decision or refusal made by an administrative official or
agency based on or made in the enforcement of the Weld
County Zoning Resolution.
(21 To hear and decide, in accordance with the pro-
visions of the Weld County Zoning as hereafter provided,
requests for special exceptions or for interpretation of the
zoning map or for conditional use permits as provided in
the Weld County Zoning Resolution.
(3) Where by reason of exceptional narrowness,
shallowness or shape of a specific piece of property at the
time of enactment of the Weld County Zoning Resolution,
or by reason of exceptional topographic conditions of such
piece of property, the strict application of any regulation
enacted under the Weld County Zoning Resolution would
result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon; the owner of such
property, a variance from such strict application may be
granted so as to relieve such difficulties or hardships;
provided, however, that such relief may be granted with-
out substantial detriment to the public good and without
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substantially impairing the intent and purpose of the Weld
County Zoning Resolution; and that there are exceptional
circumstances applying to the specific piece of property
which do not apply generally to the remaining property
in the same zoning area or neighborhood.
(4) To permit the extension of a non-conforming
use throughout a lot or any building thereon upon such
terms and conditions as the Board of Adjustment shall
deem just and proper; provided, that such extension may
be granted without substantial detriment to the public good
and without substantially impairing the intent and purpose
of the Weld County Zoning Resolution.
BY-LAWS
The following rules and regulations governing the procedures of
the Weld County Board of Adjustment are adopted in accordance with
. Colorado Revised Statutes, 1953, as amended in 1959 and with the Weld
County Resolution creating the Board of Adjustment as passed by the
Board of County Commissioners on March 6, 1963:
ARTICLE I
OFFICERS
1. The Board of Adjustment shall organize annually at the first
regular meeting in each calendar year.
2. The Board of Adjustment shall elect a Chairman and a Vice
Chairman whose terms shall be for one year. The Chairman and Vice
Chairman shall be eligible for re-election.
3. The Board of County Commissioners shall appoint a Secretary
for the Board of Adjustment.
4. The Chairman shall preside at all meetings of the Board of
Adjustment; shall decide all points of order or procedure; and, may
administer oaths and compel the attendance of witnesses.
5. The Vice-Chairman shall assume the duties of the Chairman
in his absence.
6. The Secretary shall be responsible for keeping the minutes of
the Board of Adjustment; seeing that a notice of all hearings before the
Board of Adjustment are published; mailing a notice of hearings by the
Board of Adjustment to property owners as specified in the Zoning
Resolution; obtaining a fee from appellants as required by the Zoning
Resolution; notifying members of the Board of Adjustment of forthcoming
meetings; carrying out routine correspondence; maintaining the records
of the Board of Adjustment and performing such other administrative
duties as may be requested by the Board of Adjustment.
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ARTICLE II
MEETINGS
1. The Board of Adjustment shall ordinarily hold at least one
regular meeting each month in the District Court hearing room, fourth
floor, Weld County Courthouse, Greeley, Colorado, at a time and date
to be designated by the Chairman.
2. Special meetings of the Board of Adjustment may be called
by the Chairman or in his absence by the Vice-Chairman provided at
least three days notice is given each member prior to any such special
meeting date.
3. The order of business at all meetings shall be as follows:
a. roll call;
b. approval of minutes of previous meeting;
c. unfinished business;
d. new business.
4. Where procedural and parliamentary rules adopted by the
Board of Adjustment do not conflict, parliamentary procedure shall
be according to the Robert's Rules of Order.
ARTICLE III
QUORUM
1. Four members of the Board of Adjustment shall constitute
a quorum for the transaction of business.
ARTICLE IV
EXPENSES
1. Within the limits of funds authorized by the Board of County
Commissioners, members of the Board of Adjustment may attend
planning conferences or meetings or visit other communities for a
better understanding of the function of the Board of Adjustment with the
payment of reasonable travel and other expenses incidental to such •
attendance or visit paid by the County.
ARTICLE V
AMENDMENT
1. These By-Laws may be amended by an affirmative vote of
four members of the Board of Adjustment provided such amendment
has been submitted in writing to each member of the Board of Adjust-
ment at least seven days prior to the meeting at which such action is
taken.
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The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote: �7
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'Marsha-Ruff. Anderson
Glenn K. Billings /
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DATED; JANUARY 27, 1971 ffarry S. Ashley iJ
ATTEST:
a c..-c-,,,,.;
C' - ' lerk/of the Board
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AP-PRO" AS TO FORM
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County A lorney
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ADMENDMENT SECTION 4
DEPARTMENT OF PLANNING AND ZONING
C. Utility Delivery Systems
1. No utility delivery systems shall be constructed nor
shall right of way or easements be negotiated for,
until the entity using such systems shall have made
appropriate application to the Weld County Planning
Commission.
2. Application to include all necessary information is
they may require.
3. Official hearings before the Board of County Commissioners.
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It is the position of Public Service Company of Colorado that considerable
difficulties will be created for its operations in Weld County if the proposed
County Home Rule charter is adopted containing the language as set forth in para-
graphs 4(e), (f) , and (g). Public Service Company's problems would arise from
the following factors:
(a) The words "utility delivery system" are not defined and could be
construed so broadly as to include every construction activity of Public Service,
no matter how minor or insignificant. Under such a situation, the requirements
of making applications, complying with rules and regulations, having hearings and
including environmental and economic impact statements, would create substantial
delay in providing utility service to customers in Weld County and other areas in
which we serve. In some cases the costs involved could economically prohibit the
furnishing of such service to individual customers.
(b) In the event utility delivery systems were defined to include only
major facilities, the requirements would, of course, be in addition to all present
requirements of the County involving subdivision regulations, land use statutes,
zoning requirements and building permit requirements which the Company currently
complies with and intends to continue to comply with. These requirements are
incorporated into the Charter by the language of 4(a) and (b) . The additional
procedures provided for would add another layer of administrative compliance to
Public Service Company activities with resulting costs and delays. It is our
position that the Weld County Planning Commission has adequate power and authority
under existing statutes to accomplish the legitimate aims of the County in controlling
utility development.
(c) The provision in subsection (e) preventing negotiation for rights-of-
way until after the procedures set forth have been complied with would greatly
increase the difficulty in reaching amicable settlements with landowners. We
envision a situation where the attendant publicity involved in the hearings could
result in many acquisitions in the County being forced into court proceedings. This,
of course, is not the way Public Service desires to do business, and would much rather
reach satisfactory agreements with the citizens of the county in the acquisition of
easements, rights-of-way and other utility sites. Court proceedings are expensive
to both sides and often leave hard feelings. Furthermore, we believe that many
private landowners would object to the conduct of their private business in a public
forum, which would be necessary under the provisions as proposed.
(d) The proposed langauge in the charter creates further difficulties
for Public Service Company in that many of its activities span county lines. In
planning for facilities that involve more than one county, problems are encountered
when each county has different rules and regulations with which we must comply. As
long as our activities are regulated by state statutes, we can anticipate reasonably
uniform governmental requirements to be complied with. However, in the proposed
charter language, the Weld County Planning Commission could formulate rules and
regulations , or specify locations different from and even in conflict with those
we would be required to meet in adjacent counties.
(e) The requirement in subsection (f) of environmental and economic impact
statements expands the areas and activities where such statements are required under
present laws: Specifically where federal lands , permits or funds are involved.
Public Service Company has been a leader in the utility industry in incorporating
sound environmental principles in its planning process. This has been true even
when the construction of major facilities has not required environmental impact
statements under the National Environmental Policy Act. We believe this is simply
"good business" , so long as we are allowed to achieve the equally important objectives
of supplying reliable energy at the most favorable cost to consumers, when needed.
(f) The powers given to the Planning Commission and the Board of County
Commissioners in the proposed language provide that the Board could make a final
determination denying the construction of vitally needed energy facilities. However, no
standards upon which such a denial could be based are set forth, nor is any appeal
from such decision provided for. This certainly could create an impossible situation
for Public Service Company in the conduct of its duty to provide utility service
to all of the citizens of the state of Colorado within its service territory. An
arbitrary denial by Weld County could have effects well beyond the county itself.
In conclusion, it is certainly Public Service Company's desire to continue
as it has in the past to deal cooperatively with Weld County authorities, and to
comply with all applicable laws, rules and regulations , regardless of whether or
not the county adopts the home rule form of government. We are aware of problems
you have had regarding construction of electric transmission lines, and it is our
position that language similar to that set forth below would be sufficient to
meet those problems without creating the delays, costs and administrative burdens
outlined above. We suggest that the charter contain language in lieu of paragraphs
4(e) , (f) , and (g) as follows:
"(e) No utility shall commence construction of major electric transmission
facilities until it has first submitted to the Planning Commission a map or plat
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showing the proposed location thereof. The Planning Commission shall review such
a map or plat and determine whether or not the proposed location will cause signifi-
cant disruption and inconvenience to the landowners affected in excess of that
reasonably required in the construction of such facilities. The utility shall
consult with the Planning Commission towards reaching agreement with regard to
achieving the foregoing goal . In the event the Planning Commission disapproves
the proposed location or any part thereof,the matter may be appealed to the Board
of County Commissioners; and, in the event the Board of County Commissioners upholds
the position of the Planning Commission, appeals therefrom may be taken as provided
by law for appeals from other decisions of the Board of County Commissioners. "
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