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Post Once 80: 471 ~ Boulder, Cdomdo 66J06 <br />Land Use Department <br />Z0101Yh 56se1 ~ 14tl1 ! SpNCe $ReBb ~ AtrnYdslmlle SaNew Buidnp, ~tl ilea ~ SouMM, Cdaado !0.102 ~ (703) Y1J9Y) <br />April 28, 1992 <br />Mr. Swede Johnson <br />Chrisman, Bynum and Johnson <br />Suite 500 <br />1401 Walnut Street <br />Boulder CO 80302 <br />Re: COM, Inc. Gold Hill Mill use <br />Deaz Mr. Johnson: <br />The Land Use staff has reviewed your client's request for further consideration of the caning <br />determination regazding imported ores. It has been the historic interpretation of the County that the <br />milling of ore, imported to the site, regazdless of ownership constitutes an industrial use and is <br />therefore not allowed in the Forestry zoning district. You specifically asked that staff further <br />examine this interpretation of this term, specifically as It rotates to affected lands and to concave it <br />to mean ownership. We are unwilling at this time to make that interpretation. <br />The position of the Land Use Department is as follows: <br />Subsurface mining is an allowed principal rue in the Forestry District, Article 3-1010 of <br />Boulder County Zoning Ruolrttion. Subsurface mining is defined in Article 28-284 of <br />Boulder County Zoning R[solutlnn. Mining operation is defined in Article 28-259 of <br />Boulder County Zoning Ruoludon, The definition of mining operation clearly anticipates <br />the accessory use of the property for milling and processing of ores from affected lands. The <br />position of the Land Use d~aranent is that affetted lands are those land in the immediate <br />vicinity and aze a part of the mining operation. This does trot include lands in the same <br />ownership or control, but not in the immediate vicinity or a part of the same mine complex <br />or operation, , <br />Should you choose to appeal this interpretation, as provided for in Article 26-101(1) and 2102(1) <br />of Boulder County Zoning Rcrolution, be advised that you have 30 days from the date of this letter <br />to submit an application to the Boazd of Adjustment. If I may assist you in submitting an application <br />or answer an questions please contact rtze here. <br />He r <br />Planning Manager <br />Operational/Zoning <br />xc: Barbara Andrews, Assistant County Attorney <br />Mrs. Gwen Fraser, COM, Inc. <br />file <br />Santa hums Ronald K Shwa! Ha7fei Pbpe <br />Canty Commhtlaier Canty Comrrwaer Canty CortnYfYVw <br />