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HomeMy WebLinkAbout20171811.tiffRESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING, PCSC17-0003, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR16-0003 - ROGER AND SHERYL HILL 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 24th day of May, 2017, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Roger and Sheryl Hill, 25056 County Road 76, Eaton, Colorado 80615, were in compliance with certain Conditions of Approval and Development Standards contained in Use by Special Review Permit, USR16-0003, for a Use permitted as a Use by Right, Accessory Use or Use By Special Review, in the Commercial or Industrial Zone Districts (storage for five (5) step decks (semi -trailers), eight (8) vans, two (2) cargo containers (sea boxes), one (1) gooseneck, one (1) car hauler, two (2) gravel trailers, one (1) dump truck, one (1) sidekick truck, four (4) loaders, three (3) semi -tractors, stacked angle iron, rods, piperack and pipes) 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 described as of the Lot A of Recorded Exemption, RE -2282; being part of the NW1/4 NW1/4 of Section 32, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado, and WHEREAS, at the request of the applicant, the Board deemed it advisable to continue the matter to June 19, 2017, to allow the applicant to be present, and WHEREAS, on June 19, 2017, after hearing testimony from the Department of Planning Services, the Board finds that pursuant to the procedure as set forth in Chapter 2 Administration, of the Weld County Code, there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not said Use by Special Review Permit should be revoked for failure to comply with certain Conditions of Approval and Development Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by Special Review Permit, USR16-0003, issued to Roger and Sheryl Hill, should be revoked. BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall be August 9, 2017, at or about 10:00 a.m., in the Assembly Room of the Weld County Administration Building, 1150 O Street, Greeley, Colorado. cc pL.c ern mm), cc,c,c•), cz,pnL g/L1/I7 2017-1811 PL2421 SET SHOW CAUSE - ROGER AND SHERYL HILL (PCSC17-0003) PAGE 2 BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show Cause Hearing is whether or not the permit holder is in compliance with the following Development Standards: 25. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 26. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. As of May 3, 2017, the site is not in compliance with the provisions of the USR. The fence is not fully constructed, there are at least twenty (20) old tires on the site, and one (1) gooseneck trailer is allowed; however, there are about six (6) gooseneck trailers on the site. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of June, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COTY, COLORADO ATTEST: daretts,VG: •ok Weld County Clerk to the Board BY APPR tyorney Date of signature: 7 r 13I I7 Julie A. Cozad, Chair Steve Moreno, Pro-Tem Sean P. Conway ike Freeman arbara Kirkmeyer, 2017-1811 PL2421 Hello