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.. <br />P Letter to Mr. Stanton <br />Page 3 <br />June 27, 1984 <br />In addition, the plan for reclamation appears inconsistent with the proposed <br />use of the property as an area for passive recreation. Significant changes to <br />the shape of the land, and the plant communities it supports, are proposed. <br />Conformance to Additional State Ordinances: <br />The portion of the property covered by the permit application owned by, and <br />within the corporate limits of, the City of Lakewood is park property acquired <br />with open space funds, maintained by the City for recreational purposes and <br />thus, is a recreational facility. <br />The Board should deny the permit application pursuant to C.R.S. 34-32-115(4) <br />(f)(II), which authorizes denial of an application when the operation is <br />located upon lands owned by a recreational facility established pursuant to <br />C.R.S. 29-7-101, et sew, unless the activity is approved by [he government <br />agency. <br />The City property is a "recreational facility" as defined by C.R.S. 29-7-107: <br />"such land or interest in land as may be necessary, suitable, or proper for <br />park or recreational purposes or for the preservation or conversation of <br />sites, scenes, open space, and vistas of scientific, historic, aesthetic, or <br />other public interest." When the City of Lakewood acquired the property in <br />1978, the Commissioner's Deed granted title to the City "to have and to <br />hold...so long as said property is used exclusively for public open space, <br />park, and recreational purposes." <br />To summarize then, the proposed mining permit request is not in conformance <br />with: <br />1. The zoning required to conduct such an operation within the City of <br />Lakewood, and the land use policies and plan adopted pursuant to the <br />interests of [he comprehensive plan; and <br />2. C.R.S. 34-32-115(4)(f)(II). <br />Colorado statutes prohibit the MLRB from granting a permit in violation of any <br />City zoning ordinance: C.R.S. 34-32-109(6); 34-32-115(4)(e). Until Robinson <br />Brick Company obtains a special use permit, it will not be in compliance with <br />the City of Lakewood Zoning Ordinance. The MLRB should deny the permit until <br />such time as Robinson Brick obtains the required special use permit. It is <br />our belief based upon the appropriate section that the language "the Board <br />shall not deny a permit except for one or more of the following reasons:" <br />implies that the Board must deny the application, if heard, if any of the <br />statutory reasons for doing so exist. <br />