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<br />' Boulder County band Use Depaztrnent <br /> March 23, 1992 <br /> Page 8 <br /> <br /> It is our request and hope permitting of this Mill will be <br /> reviewed. We urge it be recognized the successor ownership in COM, <br />' Inc. and its successor/lessee Homestate, Inc. is beneficial in that it <br /> places in reliable hands the custody and operation of this milling <br /> facility. (Note: Homestate, Inc. is the lessee with option to purchase <br />' of COM, Inc. with common ownership with COM, Inc.) <br /> The whole purpose would be frustrated if, by a construction of <br /> the confusing historical pattern, constrictive action were to be <br /> undertaken as has been urged upon the Department by other interests <br /> which action would serve to render COM, Inc. captive to Mi Vida, <br />' whereby Mi Vida could compel the Mill to remain idle in a standby <br /> status awaiting the unlikely delivery of ores for processing under <br /> terms of the priority milling agreement. <br />' <br /> Reference is made to a January 30, 1992 Land Use Depaztment <br /> inspection asserting a violation of Article 3-101(5) of the Boulder <br /> County Zoning Resolution. The reasons are stated as follows: <br /> "Subsurface mining is a use allowed by right in the Forestry <br />' Zoning District. However, the processing and/or milling of ore <br /> is an allowable accessory use to subsurface mining, but not an <br /> allowable principal use." <br />1 <br /> It is not our intention here to azgue the merits of our <br /> contentions in a contentious manner. We do, however, believe we <br /> have conformed to the guidance we have received, both from the Land <br /> Use Department of Boulder County and the Mined Land Reclamation <br /> Board. <br />' We have relied upon the cleaz language of Article 3 which, under <br /> sub-paragraph 12 to 3-101 of uses permitted, provides for accessory <br />' structures and uses. We do not find any special connection between <br />sub-pazagra <br />h 12 and sub- <br />aragra <br />h 5 <br />1t is sub- <br />ra <br />aza <br />h 5 which <br /> p <br />p <br />p <br />. <br />p <br />g <br />p <br /> references sub-surface mining. <br />' We believe the construction as set forth in Ellis letter of January <br />9, 1985 to Mark Steen (Gold Hill Ventures) is the more reasonable <br />construction which recognizes the association of milling with mining <br />generally. In this letter, Ellis declazes the mill site is allowable as use <br />by right within the Forestry Zoning District. <br />' This observation was in response to the Steen letter of January <br />2, 1985 which contained the assurance that mining and milling <br /> <br />