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'~ <br />Boar'.: _ rC1US'.Tect <br />Rt'O_Glat:rn <br />Cast '!c. !4R,-1 <br />Page 2 <br />LvNE.°.E.~~, tie Bcarr_: c: ',c].i:;tm~nt t,c~: Einal testimony or. the <br />13th day of Jul,•, 1933, ar.d continued the matter to the <br />17th day of Aunuss, 1923, at 9:00 a.m. for decision only with no <br />further testi~or.v __ he received; and <br />WHERE..=,5, based on the testimony and exhibits, the Board of <br />Adjustment makes the Ec1lowLnc findings of fact: <br />'_. Tt; ub~ _ _ ~r__ ss or~cc <br />_ _ _ _ _ riy postea for the reGuir~d <br />iitt"_'n ;L5/ ea_'s _:'mtciatei.i creced~ng the June 15, 1923, <br />F <br />CGL i i,. <br />2. The pL:~L1C I~earir.;, .:as extensive ar,d complets with all cer- <br />t,:;er.t facts, rt~att-ors and issues being discus__=ed ar.d all <br />in[.>rest= _ __zes ,sere heard at [he hearinc,. <br />3. Thy Eeard c: d;u=_t°ent specifically; incorporates all of the <br />testimony and exhibits of tL•e hearings under Board of <br />:. C.]USCT~2nC Cas_ :•;o, t•:. 3-i and further incorporates all of the <br />fir.din:,s :~hich do ^ot conflict with the within Resolution ant. <br />whit` are sat _crt., in the Resolutions for Case No. M73-1 <br />adoptac or. 3un2 21, 1976, and amended on April 21, 1962. <br />4. The a:clic:.ticn conce-ns 20 acres and the operation will be <br />carried out over the lift of the mine. <br />:. Deer Creek Mesa Protective Association, Inc. filed a st_te- <br />;;:cr:t wit.. _. .z .. .. .,_ -•;~~...~....._ w ... ~..~, ri0) s, soffit <br />reyuesia to ue included in the scecial exception for tem- <br />Forarl use of the land. <br />6. The applicant res_~cndeo to each of the ten (10) points raised <br />by the Ceer L'reek i~fes Protective Association, Inc. The <br />applicant, h:estern Paviny Construction Company, stated 'ghat <br />it voluntarily conducted periodic inspections of Deer Creek <br />Canyon Road and reoaired and replaced potholes and broken <br />pavement at no cost to the County. Western Paving <br />Construction Company also indicated that there was some prior <br />discussions with Jefferson County concerning the possibility <br />of sharing the responsibility to repave the read but that no <br />final action had been taken or determination made. <br />7. Western Paving Construction Company made a specific request <br />to increase the established hours of operation relating to <br />truck traffic and quarry operations, and this was opposed by <br />Deer Creek Mesa Protective Associatiwn, Inc. and other citi- <br />zens. The Board of Adjustment heard testimony on this issue <br />from the applicants, expert witnesses, County staff and many <br />citizens. The Board of Adjustment also considered the rele- <br />vant findings by the Board of County Commissioners under Case <br />No. Z79-34 and 282-58, which were applications for rezoning <br />by Cooley Gravel Company for mining operations which would <br />impact Deer Creek Canyon Road. <br />6. That the applicant has not established justification to <br />increase truck traffic by increasing the number of tzuck <br />hauls or permitting Saturday hauling. That Deer Creek Canyon <br />Road is a narrow, winding canyon road used for access by many <br />homeowners, employees and visitors including bicyclists, <br />joggers and weekend tourists. <br />