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REV103393
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REV103393
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Entry Properties
Last modified
8/25/2016 1:14:13 AM
Creation date
11/22/2007 1:05:55 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977210
IBM Index Class Name
Revision
Doc Name
IDENTIFICATION OF LEGAL ISSUES
Type & Sequence
AM3
Media Type
D
Archive
No
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issued". Clark County Board of Commissioners v. Taaaert <br />Construction Co., Inc., 615 P.~~~ (Nev. 980); see <br />a so Va ent ne v. Board of Ad'ustment, 753 P.2d 988 <br />(Wash.App. 988) (consi ecation of iscussion that was <br />part of the record of the Board's action on the <br />application for a conditional use permit for rock <br />crushing). <br />B. Nature and Extent of the 1974 Location Approval by the Board. <br />Did the Board's location approval of a "gravel <br />operation" include blasting, on-site crushing, and/or <br />the on-site location of an asphalt batch plant? If not, <br />are such activities accessory or incidental to the <br />principal use of a gravel operation? <br />a. The formal resolution and associated petition only <br />made reference to a gravel operation/gravel <br />extraction operation. One of the conditions of the <br />location approval did refer to hazardous conditions <br />as the result of rock slides. An inference could <br />be made that this condition pertained to potential <br />blasting in the gravel extraction operation. <br />b. An accessory use is a use customarily incident to <br />the principal use, and so necessary or commonly to <br />be expected in conjunction therewith that it cannot <br />be supposed the zoning regulations were intended to <br />prevent it. Holcomb v. Cit and Count of Denver, <br />606 P.2d 858 Co o. 980); S eri an v. Keen, 524 <br />P.2d 1390 (Colo.App. 1974). An accessory use is <br />one which is deemed to be permitted by implication <br />where the zoning regulations ace silent on the <br />particular use in issue. Id. However, a use which <br />is expressly prohibited in the zoning regulations <br />cannot be an accessory or incidental use. Id.; see <br />enerall Ba sin er v. Cit of North Tenn, ~7'S P.2d <br />42 (Colo. 1978); Boar of Count Commissioners v. <br />Thom mpson, 493 P.2d 3 8 (Colo. 972); S umate v. <br />Zrmmerman, 444 P.2d 872 (Colo. 1968). <br />The County zoning regulations in effect at the time <br />of the subject location approval referred to <br />Mineral & Natural Resource Extraction Use as <br />subject to location approval conditioned on: <br />"Permitted use together with their accessory <br />buildings, provided their surface operations ace <br />located at a distance of not less than two hundred <br />(200) feet from any public highway, or <br />habitable dwellings except such dwelling or <br />dwellings as may exist on the same property and are <br />for use and operation of such mine, quarry, gravel <br />pit, ." A strict interpretation of the <br />- 2 - <br />
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