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Home My WebLink About4.0 CorrespondenceTO: FROM: DATE: RE: GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL MEMORANDUM Board of County Commissioners Mark Bean December 2, 1992 DOUGLAS CERISE Special Use Permit annual review It has been over a year since the last review of this application. There is minimal activity in terms of storing logs on the site. The logs on site are not stacked neatly as originally agreed and according to neighbors, no new logs were added this summer. The log loader is the only piece of equipment on site a nd it is not being stored in an area minimizing its visibility to neighboring lots. Enclosed are the minutes from the previous hearings on this Special Use Permit. J A.Jo 4cr1t:;f.} 8y &~ ~ -w/t,L-hlf'JV£ AMA-Jt,.11Jt,, /14/ 1:1 4.eAJt>AVe.es w/t.l-7~y w tJ~e,J()AJ wP " L,rr;ze . 1098TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 GARFIELD COUNTY REGULA TORY OFFICES AND PERSONNEL October 27, 1992 Doug Cerise Ranch 1234 County Road 105 Carbondale, CO 81623 On April 2, 1990, the Garfield Board of County Commissioners approved a Special UsePermit for a log storage operation on your property located approximately 3 112 miles north of State Highway 82 and County Road 103. One of the conditions of approval was an annual review. I have taken the liberty of putting this item on the Commissioners' agenda for December 7, 1992 at 2:00 p.m. in the Commissioners' Meeting Room, Garfield County Courthouse, 109 8th Street, Suite 301, Glenwood Springs, Colorado. In addition, this office has notified the Hawk Ridge Homeowners Association and the adjacent property owners. Your presence at this hearing is recommended. Thank you, Michael E. Watts Codes Enforcement MEW/sa Attachment: Copy of Resolution No. 90-038, includes conditions of approval xc: (All adjacent property owners) Brad Hendricks William & Barbara McElnea Stuart R Samples Trust Johann & Sharon Rieger Terry & Julie Kirk ClilTord Cerise Ranch Co. William & Merilee Johnson Joseph & Mary Snupbach W. John & Katherine Buchanan Stan & Bonnie Mathis Robert J. Chimento Elayne Goldstein & Ursula Cowsill Hans Peter & Gwendolyn Hansen Stephen H Callicotte Robert & Betty Lou Schenck Bureau of Land Management Richard & Consuelo McCrudden Philip Rosenberg & Linda Arnold 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL October 27, 1992 Brad Hendricks 798 Lincoln Carbondale, CO 81623 On April 2, 1990, the Garfield Board of County Commissioners approved a Special Use Permit for a log storage operation on your property located approximately 3 1/2 miles north of State Highway 82 and County Road 103. One of the conditions of approval was an annual review. I have taken the liberty of putting this item on the Commissioners' agenda for December 7, 1992 at 2:00 p.m. in the Commissioners' Meeting Room, Garfield County Courthouse, 109 8th Street, Suite 301, Glenwood Springs, Colorado. In addition, this office has notified the Hawk Ridge Homeowners Association and the adjacent property owners. Your presence at this hearing is recommended. Thank you, ;;z~,:t:/£~$>' Michael E. Watts Codes Enforcement MEW/sa Attachment: Copy of Resolution No. 90-038, includes conditions of approval xc: (All adjacent property owners) Brad Hendricks William & Barbara McElnea Stuart R Samples Trust Johann & Sharon Rieger Terry & Julie Kirk Clifford Cerise Ranch Co. William & Me1ilee Johnson Joseph & Mary Snupbach W. John & Katherine Buchanan Stan & Bonnie Mathis Robert J. Chimento Elayne Goldstein & Ursula Cowsill Hans Peter & Gwendolyn Hansen Stephen H Callicotte Robert & Betty Lou Schenck Bureau of Land Management Richard & Consuelo McCrudden Philip Rosenberg & Linda Arnold 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 STATE OF COLORADO ) )SS County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room at the Garfield County Courthouse in Glenwood Springs on the 16th day of April A.D . ..l..9..9Q_, there were present: ~~M~a~r~ia~n~r~~s~m~i~th~~~~~~~~~~~-' Commissioner Chairman ~~A~riln~o~ld~L~~M~a~c~k~le~v~~~~~~~~~~-' Commissioner Elmer (Buckevl Arbaney 1 Commissioner ~~D~o~nsc_e_fuo~r~d~~~~~~~~~~~~~-, County Attorney Mildred Alsdorf , Clerk of the Board ~~C~h~u~ck~D~e~suc~h~e~n~e~s~~~~~~~~~~~, County Administrator when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 9D-D38 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY DOUGLAS CERISE. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Douglas Cerise for a Special Use permit for a natural resource processing and storage area on the following described tract of land: See attached (in the State of Colorado and the County of Garfield); and WHEREAS, pursuant to required public notice, the Board conducted a public hearing on the 2nd day of April, 1990, upon the questions of whether the above described Special Use permit should be granted or denied, at which hearing the public. __ and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use permit; and WHEREAS, the Board on the basis of the evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That the proper publication and provided as required by law for the Board of County Commissioners. public notice was hearing before the 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the proposed Special Use ls compatible with the adjacent land uses. 4. For the above stated and other reasons, the proposed Special Use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Commissioners of Garfield County, Colorado that a Special Use permit be and hereby is authorized permitting the use of the above described tract of land for a natural resource processing and storage area, upon the following specific conditions: 1. That all verbal and written representations made by the applicant and/or his representative in the application or at the public hearing shall be considered conditions of approval unless specified otherwise by the Board of County commissioners. 2. That all log processing shall occur on Monday thru Friday only; between the hours of 7:00 A.M. and 6:00 P.M. Log delivery may occur during weekends, but only during daylight hours. 3. No log storage pile will be closer than 10 feet from any property boundary and that all piles be less than 15 feet in height and kept in orderly piles. 4. That the only non-agricultural heavy equipment allowed to be stored on the property for more than 24 hours in any one seven day period of time will be a log loader. 5. The applicant shall be required to submit to annual review for compliance with the conditions of approval after notification of the Hawkridge Homeowners Association by return-receipt mail after which a public hearing may scheduled to consider modification of the conditions of approval. 6. That the proposed wood processing operation shall maintain the site in a manner that will minimize wild fire in the area and have on-site ability to put out fires started on the site accidentally. 7. The wood process operation shall comply with the standards of Section 5. 03. 08 of the Garfield County Zoning Resolution of 1978, as amended. 8. That a driveway access permit be obtained from the County Road and Bridge Department prior to issuance of the permit. 9. That the applicant submit a modified site plan noting the location and extent of the proposed log storage and processing area prior to issuance of the permit. Dated this 16t~ay of ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote; --~AlllA!LI.~'itUIU ____________________________________ Aye --~Blli1J~_L_J!ACKL!:X._ __________________________________ Aye __ ELliEJLJB~CKfJl..Allil~tl&~------------------------------Aye CHRISTIANE. LOCHER 15 OLD ORCHARD CARBONDALE, CO 81623 MAIL: P.O.BOX 8531 ASPEN, CO 81612 HAND DELIVERED ATTN. MARK BEAN GARFIELD COUNTY COMMISSIONERS GLENWOOD SPRINGS, CO 81601 CARBONDALE, 12.6.92 RE: PUBLIC HEARING REVIEW SPECIAL USE PERMIT BRAD HENDRICKS / DOUGLAS CERISE DEAR COMMISSIONERS, SINCE OUR LAST REVIEW OF THE ABOVE MENTIONED SPECIAL USE PERMIT A YEAR AGO, SEVERAL CIRCUMSTANCES THAT MADE YOU DECIDE IN FAVOR OF THE PERMIT HAVE CHANGED. I WOULD LIKE TO EXPLAIN SOME OF THEM IN DETAIL. I WOULD APPRECIATE IF YOU COULD MAKE THIS LETTER PART OF YOUR HEARING AND THEREFOR AN INTEGRATED PART OF YOUR DECISION. THANK YOU. 1. DURING JANUARY 1992 H.P. HANSEN, 14 OLD ORCHARD, CARBONDALE, AND SUSIE AND CHRIS LOCHER AS A PARTNERSHIP BOUGHT LOT 17, HAWK RIDGE SUBDIVISION. THIS PROPERTY, AS WELL AS H.P. HANSEN'S LOT 14 ARE NEIGHBORING PROPERTIES TO THE CERISE PROPERTY. NON OF THESE PARTIES HAVE OFFICIALLY RECEIVED NOTICE OF THIS HEARING AS AGREED IN APRIL 1990 AND AGAIN IN 91. SEE PRO- CEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, CO, APRIL 2 1990 PAGE 555, PAR. 4. 2. IN EARLY SPRING 1992 ONE OF THE APPLICANTS , MR DOUGLAS CERISE TRAGICALLY DIED AND LEFT HIS SON, MR LOWELL CERISE WITH THE OPERATION OF THE RANCH. DURING THE SUMMER OF 92 LOWELL AND I HAD TALKED ABOUT THE MACHINERY AND THE LOGS SITUATED ON HIS PROPERTY. HE EXPRESSED HIMSELF TO ME AND TO H.P. HANSEN IN A WAY, PROMOTING THE REMOVAL OF THE UNSIGHTLY MACHINERY AND LOGS FROM HIS PROPERTY, BUT WAS NOT SURE HOW TO GO ABOUT IT. 3. BRAD HENDRICKS PRESENTLY IS NOT IN POSSESSION OF ANY CUTTING PERMIT FROM THE FOREST SERVICE ANYMORE. WE UNDERSTAND THIS WAS A CONDITION OF HIS RECEIVING A SPECIAL USE PERMIT. /2 4. SINCE NO MORE NEW LOGS HAVE BEEN BROUGHT IN FOR THE LAST 9 MONTHS (LACK OF CUTTING PERMIT) THE NON-AGRICULTURAL HE AVY EQUIPMENT, THAT HAS TO BE PERTINENT TO THE OPERATION BECOMES A VIOLATION OF THE SPECIAL USE PERMIT ITSELF . 5. AT THIS POINT THE ENTIRE OPERATION SEEMS TO BE ABANDONED BY THE APPLICANT, THE REMAINING EQUIPMENT AND DIESEL FUEL BARREL BECOME PART OF A JUNK YARD. 6 . IN DIRECT VIOLATION OF THE SPECIAL USE PERMIT IS RECENT CUTTING OF REMAINING LOGS BY UNKNOWN THIRD PARTIES ON SUNDAYS . UP TO 3 PEOPLE AT THE TIME, EQUIPPED WITH CHAIN SAWS ARE RE- MOVING AND CUTTING LOGS ON SITE. 7. IN A SEPARATE MEETING WITH THE BRAD HENDRICKS AND THE HAWK RIDGE HOME OWNERS ASSOC ., REPRESENTED BY CHRIS LOCHER, IT WAS AGREED, THAT THE LOADER IS BEING MOVED OUT OF SIGHT , (OTHER SIDE OF THE HILL) IF NOT IN USE. SEE BOARD MEETING JULY 8. 19 9 1, PAGE 97. BRAD HENDRICKS DOES NOT LIVE UP TO HIS PROMISES -THE LOADER IS NOT IN USE, BUT WAS NOT REMOVED AS AGREED. DEAR COMMISSIONERS, WOULDN'T THE WORLD LOOK A GREAT DEAL BETTER, IF WE COULD CLEAN UP JUNK YARDS, BETTER YET , PREVENT JUNK YARDS FROM BEING CREATED. IT WAS ALWAYS OUR FEAR, THAT TH E ORIGINAL , TO ALL OF US ACCEPTABLE SP ECIAL USE PERMIT, WOULD BE DELUDED AND MISUSED. AT THIS POINT THE MAJORITY OF INVOLVED PARTIES SEEM TO AGREE, THAT THE PERMIT SHOULD BE REVOKED, BASED ON VIOLATING OF THE AGREEMENT AND BASED ON THE LACK OF USE AS INDENTED ORIGINALLY IN 1990. THANK YOU FOR YOUR CONSIDERATION I REMAIN