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REV10873
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Entry Properties
Last modified
8/25/2016 1:21:52 AM
Creation date
11/21/2007 10:17:32 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1980245
IBM Index Class Name
Revision
Doc Date
7/29/1983
Doc Name
Objection letter toHOGBACK MINE ROBINSON BRICK & TILE CO amendment
From
LAW OFFICES OF RODDEN AND BAESMAN
To
DOUGLAS COUNTY PLANNING COMMISSION
Type & Sequence
HR1
Media Type
D
Archive
No
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<br />Julio Iturreria <br />July z9, 1983 <br />Page a <br />commenced again in Ig81 subsequent to Robinson's Application to the Mined <br />Land Reclamation Division for a IIZ Permit, that this was a resumption of an <br />old use of the property. This interruption of some 3o years is more than <br />sufficient under the law to constitute a termination of the nonconforming use <br />which may have prevailed prior to the Igso's. <br />Again, reference is made to the materials sent to you and more particularly, <br />Page 9 of the December Io, 198o Application wherein Robinson represents that <br />the mining and stockpiling of the clay "will take two to three months, once per <br />year." With the nature of the operation as stated, along with Mined Land <br />Reclamation Inspectors' Reports indicating that as of January 14, Ig81 no mining <br />of any kind was in progress, it is our information and belief that Robinson has <br />ceased on many occasions to continue the nonconforming mining use for a period <br />in excess of sixty days in direct violation of the November 15, 1982 Douglas <br />County Zoning Resolution, specifically Part 1, Section 5, Nonconforming Uses <br />and Buildings, subparagraphs C,z: "If any such nonconforming use of land is <br />discontinued for any reason for a period of more than sixty (60) consecutive <br />days, a subsequent use of such land shall conform to the provisions of this <br />Resolution and amendments." <br />As you know, Robinson's initial Application to the Mined Land Reclamation <br />Board for open pit mining affected 17.39 acres. Presently pending is an <br />Amended Application requesting an additional 48.52 acres of land for mining <br />purposes. In a recent conversation with Mr. Kreutz, we are informed that the <br />Planning Department has taken a position with Robinson Brick & Tile Company <br />that the expansion from the 17.39 acres to 65.91 acres is in violation of the <br />zoning resolutions. We are somewhat taken back by your position in that it <br />allows the continuation of open pit mining, which is unquestionably a resumption <br />of anew use not in conformity with the District zoning, on the 17.39 acres. <br />Therefore, as property owners in Douglas County, we appreciate your efforts <br />regarding the proposed increase in mining activity, but believe that your efforts <br />should be expanded to include the total problem based upon the points of law <br />previously suggested. Your failure to take such action, and to do so <br />immediately, is going to result in the destruction of some of the most beautiful <br />property, not only in Colorado, but in the world. If it is truly the County's <br />purpose and intent for establishing land use classifications to promote the health, <br />safety, convenience, and aesthetics, and welfare of the present and future <br />residents of the County as sta~~n Part 1, Section 1, subparagraph A, of the <br />November 15, 1982 Zoning Resolution, then you will take immediate action to <br />protect the aesthetics of Roxborough Park immediately. <br />We stand ready, willing and able to assist you in any manner that we can. After <br />you have had an o ortunity to digest the contents of this letter, we wish to <br />meet with you and further discuss this matter and be informed concerning your <br />proposed action. <br />
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