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A D A M S C O U N T Y, C O L O R A D O ADMINISTRATION BUILDING 450 SOUTH 4TH AVENUE BRIGHTON, COLORADO 80601 FAX: (JOJ)659-0577 (J03) 659-2120 January 26. 1993 BramTan Sand and Gravel Co. Attn. Bob Allison 4800 Brighton Blvd Denver, CO 80216 Subject: Asphalt batch plant at Brannan Pit 29, Case 69-82-C Dear Bob: 'T'his Teller is in response to your request for an inlcrprclalion of the Board of CaunLy ConmTissioncr decision on June 21. 1982, concerning the location of an asphalt batch plant on the properly. Stipulation rah requires the plant to be al least 1,000 feel from property lint of costing properly owners. Duc to the size and shape of your properly, there is no place ou the site that can accommodate this stipulation. Upon further review of the case, and the Planning Commission minutes, my interpretation of this stipulation is that it should be taken literally and that the plant would need to be located at leas[ 1,000 feel Crom all existing properly lints. In making this determination several items were reviewed. The initial staff report recommended that the plant be located 1.000 feet Crom Mrs. Allen's "place." I lake this to mean Mrs. Allen's dwelling. The Planning Conunisslon changed this stipulation to "Mrs. Allen's "properly." to their decision letter dated June 11. 1982. The County Commissioners changed this further Lo read. "ASplTall plant to be al least 1.000 feel from property line of existing property owners." My interpretation oC these changes is that other surrounding property owners requested, al the Planning Conunission and County Commissioners hearings, that they too be protected fronT the affects of a batch plant near their properties. This interpretation also takes Into consideration this Department's responsibility to the residents oC this general area. Another issue was also considered which involves the ability to apply Cor a rehearing. The Adams County Zoning Regulations makes provisions for rehearings if the decision is not clear or if the applicant has additional information to present. There is no record of a request for a rehearing for an interpretation of this decision. Due to the length oC time passed and the dJference to the make-up of the Board oC Commissioners and Planning Commission, a rehearing request could not be granted. Therefore, the remaining option for you is to request a new Conditional Use for the batch plant. This would be an entirely new request and would take approximately 50 to 60 days to complete the review process. I have enclosed a copy of the Land Use Change Application Form which should aid you in applying for the new Conditional Use. I do recommend apre-application meeting with one oC the staff planners prior to submittal oC the request Please contact Mark Geyer to set up this meeting. IC there is any additional information I can provide please feel Cree to contact me. Sincerely. ~~ ,7 ' obey. Director - Planning and Developm cc: Mark E. Geyer. Development Review Planner I[ Cindy Bosco. Environmental Compliance Agent. BOARD OF COUNTY ELAINE T. VALEME GUILLERMO A. DEHERRERA HAROLD E. KITE COMMISSIONERS: DISTRICT I DISTRICT 2 DISTRICT 3 PEOPLE, PRIDE AND PROGRESS