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HomeMy WebLinkAbout20110034.tiff RESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT #1250 FOR A HOME BUSINESS (STORAGE OF CABINETS AND EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - DONALD AND MARGARET IARUSSI WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on January 5, 2011, a Show Cause Hearing was conducted to consider revocation of Use by Special Review Permit#1250 for a Home Business (storage of cabinets and equipment) in the A (Agricultural) Zone District, issued to Donald and Margaret larussi, 5052 NE County Line Road, Erie, Colorado 80516, and WHEREAS, Donald and Margaret larussi are the current owners of the facility located on the property being further described as follows: Lot A of Recorded Exemption #1500; being part of the SW 114 14 of Section 6, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing of January 5, 2011, the Board deemed it advisable to continue the matter to January 19, 2011, to allow additional time for the property owners to submit the necessary blueprints for a building permit and WHEREAS, at said hearing on January 19, 2011,the Planning staff advised the Board that the property owners have submitted the proper documents needed to process a plan review for a building permit, and WHEREAS,after hearing all testimony presented,the Board deemed it advisable to dismiss the hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that there is not adequate cause concerning Use by Special Review Permit#1250, issued to Donald and Margaret larussi, and said hearing be, and hereby is, dismissed. p) P L, )pp 2011-0034 9 &- i 1 PL1377 SHOW CAUSE HEARING (USR#1250) - DONALD AND MARGARET IARUSSI PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of January, A.D., 2011. BOARD OF COUNTY COMMISSIONERS W ID COUNTY, COLO` ADO r i t � 'arbara Kirkmeyer, Chair Weld County Clerk to the Bo it ' 161 •(' 47'9 n P.sway, Pro-Tem . BY: �. Deputy Clerk to the Boar. ylQ�` ,A. •i •'am F. G-rciIckla APP D A RM: c: vid E. Long unty Attorney ou `/45 ✓�'�� Dougla Rademacher Date of signature: 21i 2011-0034 PL1377 NOTICE • Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DOCKET#: 2011-09 DATE: Jana @c o + tt v.c 1, }o L I TIME: 10:00 a.m. APPLICANT: Donald and Margaret larussi 5052 NE County Line Road Erie, Colorado 80516 • REQUEST: Hearing to show whether good cause exists for revocation of USR #1250 for a Home Business (storage of cabinets and equipment) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Lot A of Recorded Exemption #1500; being part of the SW1/4 of Section 6, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado ISSUE: Whether or not the Permit holder is in compliance with the following Development Standards: 3. The facility will consist of a large steel structure and principal dwelling. All appropriate building and zoning permits must be obtained prior to construction. The property is located within the One-Hundred (100) Year Floodplain, as indicated on Firm panel map#080266-0960D. 15. The existing, and any proposed, structures shall meet all building and fire codes. 21. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of Commissioners before such changes from the plans or Development Standards are permitted. Any • other changes shall be filed in the office of the Department of Planning Services. 22. The property owner or operator shall be responsible for complying with all • of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 17, 2010 PUBLISHED: December 22, 2010, in the Fort Lupton Press • • I NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld PROOF OF PUBLICATION County Code, a public hearing will be held in the Chambers of the • FORT LUPTON PRESS Board of County Commissioners of Weld County, Colorado, Weld STATE OF COLORADO County Centennial Center,91510th Street,First Floor,Greeley,Colorado COUNTY OF WELD SS. 80631,at the time specified. If a court reporter is desired,please . advise the Clerk to the Board, in writing, at least five days prior of I, Allen Messick, do solemnly swear that I am the Publisher the hearing. The cost of engaging a of the Fort Lupton Press that the same is a weekly the requestingertrter . be borne by p tes shall In be ornance newspaperprinted andpublished in the County of Weld, with the Americans with Disabilities Act, if special accommodations are State of Colorado, and has a general circulation therein; required in order for you to participate in this hearing please contact the that said newspaper has been published continuously and Clerk to the Board's Office at(970) 336-7215, Extension 4226,prior to uninterruptedly in said county of Weld for a period of more the day of the hearing. - than fifty-two consecutive weeksprior to the first The complete case file may be Y examined in the office of the Clerk to publication of the annexed legal notice or advertisement; the Board of County Commissioners, g Weld County Centennial Center,915 that said newspaper has been admitted to the United 10th Street, Third Floor, Greeley, Colorado 80631. E-Mail messages States mails as second-class matter under the provisions sent to an individual Commissioner of the act of March 3, 1879, or any amendments thereof, may not be included in the case file. To ensure inclusion of your E-Mail and that said newspaper is a weekly newspaper duly correspondence into the case flle, qualified for publishing legal notices and advertisements please send us copy to egealck� within the meaning of the laws of the State of Colorado. DOCKET#: 2011-09 notice or advertisement was DATE: January 5,2011 That the annexed legal TIME Janu a.m. published in the regular and entire issue of every number APPLICANT: of said weekly newspaper for the period of ONE Donald and 5052 NE County Mar gam stlaru i consecutive insertion(s); and that the first publication of Erie,Colorado 80516 ' said notice was in the issue of newspaper, dated 22nd REQUEST:Hearing to day of DECEMBER 2010 the last the 22nd day of good cause exists for revocation of , and on USR #1250 for a Home Business DECEMEBER EM EB E R 2010 (storage of cabinets and equipment) in the A(Agricultural)Zone District LEGAL DESCRIPTION: Lot A • of Recorded Exemption #1500; being part of the SW1/4 of Section 6, Township 1 North, Range 68 Publisher, Subscribed and sworn before me, this 22nd West of the 6th PM.,Weld County, Colorado day of, DECEMBER, 2010. ISSUE: Whether or not the Permit holder is in compliance with the LockLc following Development Standards: ,v IL/-'l`tl(yl��- Nf o 3.The facility will consist of a large a y Public. steel structure and principal dwelling. All appropriate building and zoning permits must be obtained prior to -�� construction.The properly is located \` within the One-Hundred (100)Year 1 Floodplain, as indicated on Firm i panel map#080266-0960D. I`�' 15.The existing,and any proposed, structures structures shall meet all building and K/.' e '/�Q-i fire codes. 21. The Special Review area FCC shall be limited to the plans --- shown.hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as f� shown or stated shall require the A,1) ki\I 1n^`In 1`\�V^ K ry ^ rr i 2_ \'2 \11 approval of an amendment of the !v� \ UC` -I) \ V �J�f�,y \ L� _` Permit by the Weld County Board of Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 22.The property owner orat responsible for complying iII with shall allbe of the foregoing Development I Standards. Noncompliance with any of the foregoing Development • Standards may be reason for ' revocation of the Permit by the Board of County Commissioners. COMMISSIONERS COUNTY . WELD COUNTY,cow .—"— DATEn• n_�..rodr 17,2010 PUx�e}1ED December 22,2010, in the Fort Lupton Press CERTIFICATE OF MAILING • The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #2011-09, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 17th day of December, 2010. DONALD AND MARGARET IARUSSI MIKE AND SHAHLA MORADI TRUST, 5052 NE COUNTY LINE ROAD CAROLINE MORADI TRUST, KATRINA ERIE, COLORADO 80516 MORADI TRUST, FOROUGH MORADI, ALBERT MORADI TRUST, AND KAC MARY BILLINGS HOLDINGS, LLC AND MARY ALICE BILLINGS TRUST CIO EVERETT PFEIFF 2246 RIVERSIDE DR 6530 DAYLILLY CT LYONS CO 80540 NIWOT CO 80503 CHARLES AND TINA CONILOGUE STEVEN AND VANNA SARRIS 5080 COUNTY ROAD 1 5185 BUFFALO RD ERIE CO 80516 ERIE CO 80516 • ALBERT AND DIANA DAVIS LOYD AND SHEILA 5152 BUFFALO RD SCHLICHENMAYER ERIE CO 80516 5090 COUNTY ROAD 1 ERIE CO 80516 FIRST BIBLE BAPTIST CHURCH PO BOX 11078 BOULDER CO 80301 CHERYL MICHEL AND CEDRIC PEEBLES 5142 BUFFALO RD Deputy Clerk to the Board ERIE CO 80516 • • U.S. Postal Service., CERTIFIED MAIL,. RECEIPT o (Domestic Mail Only;Na Insurance Coverage Provided) pro F r•elivery inf rmati•n visit ur we•site ai www.usps.c•mc;, ru rll Postage $ m p Certified Fee p Postmark p Return Receipt Fee - Here (Endorsement Required) Restricted Delivery Fee - lu (Endorsement Required) 12/2,0/2010 Total Postage&Fees $ trl O Sent To 0 Donald and Margaret Iarussi N Street,Apt No.; or PO Box No. 5052 NE County Line RD City.State,ZIP+4 Erie CO :1 PS Form 3800.June 2002 See Reverse for Instructions • SENIE': CIM•LETE THIS SECTION c0rPLET_ rH,s SEcnoa ON DEuvEhr ■ Complete items 1,2,and 3.Also complete A. Si,n: u.• Item 4 if Restricted Delivery is desired. X Agent • Print your name and address on the reverse O Addressee so that we can retum the card to you. B. Recelved by( nted Name) C. D. e of Delivery • Attach this card to the back of the mailplece, y� or on the front if space permits. be A- jJ 2 2- .it D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: el No Donald and Margaret Iarussi 5052 NE County Line Road Erie, CO 80516 3. Service Type ri Certified Mail 0 Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restrk:ted Delivery?(Extra Fee) O Yes 2. Article Number (naps 7005 1820 0003 5224 8034 (liens/er from service lab[ PS Form 3811,February 2004 Domestic Return Receipt 102595-024M-1540 • MEMORANDUM To: Clerk to the Board November 4, 2010 • hiFrom: Tom Parko, Planning Manager, Department of Planning Services peSubject: larussi USR-1250 COLORADO Please see the following timeline of events: September 1, 2010 Initial letter sent to property regarding potential violations of USR-1250. September 1, 2010 Peggy Gregory, Building Compliance Officer sent letter regarding building violations. September 22, 2010 Probable Cause Hearing Notification sent. September 29, 2010 Received e-mail from Mr. larussi requesting the Probable Cause Hearing to be rescheduled for dates specific. September 30, 2010 Certified Receipt received —signed. October 4, 2010 Rescheduled Probable Cause Hearing Notification sent. October 7, 2010 Certified Receipt received—signed. November 2, 2010 Kent Naughton (larussi's attorney) called and spoke with Tom Parko. • • SERVICE,TEAMWORK,INTEGRITY,QUALITY • #At t\t\t' 4‘1° DEPARTMENT OF PLANNING SERVICES 1555 N. 17' AVENUE GREELEY, COLORADO 80631 C ' WEBSITE: www.co.weld.co.us EMAIL: 1parko@co.weld.co.us 353-6100,O PHONE (970) FAX (970) 304-6498 COLORADO October 4, 2010 MARGARET & DON IARUSSI 5052 NE COUNTY LINE RD ERIE, CO 80516 Subject: USR-1250, Lot A of RE-1500 also known as part of the SW4 of Section 6, Township 1 North, Range 68 West of the 6t" P.M., Weld County, Colorado Dear Mr. & Mrs. larussi: This letter is regarding your Site Specific Development Plan and a Special Review Permit (USR- 1250) for a Home Business, specifically storage of equipment and cabinets with a structure in the A • (Agricultural) Zone District. USR-1250 also allows for a large steel structure and principal dwelling. Notice is hereby given that on Monday, November 8, 2010, at 9:00 a.m., or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 2-4-40 A-C and E of the Weld County Code. This meeting will take place in the Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. On September 1, 2010 letters were sent by the Department of Planning Services and the Department of Building Inspections advising that the required building permits were not obtained prior to construction. Therefore the Weld County Department of Planning Services has determined that the following Development Standards as approved by the Board of County Commissioners on March 1, 2000 are not in compliance. 3. The facility will consist of a large steel structure and principal dwelling. All appropriate building and zoning permits must be obtained prior to construction. The property is located within the One-Hundred (100) Year Floodplain, as indicated on FIRM panel map #080266-0960D. 15. The existing, and any proposed, structures shall meet all building and fire codes. 21. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial • changes from the plans or Development Standards as shown or stated shall require 1I1' :; ; e the approval of an amendment of the permit by the Weld County Board of Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of • Planning Services. 22. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. The purpose of this public hearing will be to review the Development Standards as approved on March 1, 2000 to determine if probable cause exists to schedule a Show Cause hearing. At the Show Cause hearing the Board of County Commissioners will determine whether the property is operated in accordance with the Conditions of Approval and Development Standards of USR-1250. If not, the Board of County Commissioners may revoke USR-1250 for noncompliance. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Re a/ctt{f�ully, / ��%����/fie 1 N N i[�1 /r� N a U pa�1 N Tom Parko 0t 9 ,L1 0 O e to o Planning Manager Ella D D § O O o • Pc: USR-1250, Clerk to the Board ° o N 2 m a a l ¢ m CI lR� m v"i ..,,,,: kid ty 7 • \,, `re -moo G 'ut ¢ OO 0-' U.S.Postal Service,. z 'D D ❑ Er ti co iZ CERTIFIED MAIL RECEIPT ' J a " m ro (Domestic Mail Only;No Insurance Coverage Provided) a W E7 ! O°5 RI Pr•elivery lnf•rmati•nvisit•ur we•eite at www.us•¢.c• 3r�-d "- @v F>� md a 0 °' \ d ,rn 8m8' h @ c a co c y ay -Etc a , .E co Co. �. y = N ❑ ¢ o g Postage $ d` X m o - - ' -m m 6 CC o Certified Fee T, co w C Return Reciept Fee Postmark r' l� m U p Ulm N (Endorsement Required) Here N H m oD U. ' . p E C Restricted Delivery Fee m - O. .� C 'r (— O O (Endorsement Required) E C r_ ra . o2tooE if.. a ))-j a m Total Postage 8 Fees $ 0 nor l J T W j U c «« u . C Sent T��,� QmyD62o' c C;irr Street,APL No.: c ≥a s a a /'/js�! _J\ o' CM S I or PO Box No. 1 '3clpea ` \�1.�,.y�G tnl,l y,a�'�-E, m m_op `Y U I— v o to Gay.State,ZIPr4 !J �IV�. l t Y a r t i 3 t = j :•, i \C l in U0CD a J a N E' E j .f d m y m U U O �. m E r aa CC is N cdwd= m e � E E N'— o « Q 1.� „I Z C7 • a v >,m= li V+ • EEC« Yo a 0` /Th E • ■ ■ . a 2I „ _ • DEPARTMENT OF PLANNING SERVICES 1555 N. 17`h AVENUE GREELEY, COLORADO 80631 WI ID WEBSITE: www.co.weld.co.us 353-61 EMAIL tparko@co.weld.co.us O PHONE (970) FAX (9O0) 304-6498 COLORADO September 22, 2010 MARGARET & DON IARUSSI 5052 NE COUNTY LINE RD ERIE, CO 80516 Subject: USR-1250, Lot A of RE-1500 also known as part of the SW4 of Section 6, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. larussi: This letter is regarding your Site Specific Development Plan and a Special Review Permit (USR- • 1250)for a Home Business, specifically storage of equipment and cabinets with a structure in the A (Agricultural)Zone District. USR-1250 also allows for a large steel structure and principal dwelling. Notice is hereby given that on Monday, October 11, 2010, at 9:00 a.m., or as soon thereafter as the agenda of the Board of County Commissioners permits,the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 2-4-40 A-C and E of the Weld County Code. This meeting will take place in the Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. On September 1, 2010 letters were sent by the Department of Planning Services and the Department of Building Inspections advising that the required building permits were not obtained prior to construction. Therefore the Weld County Department of Planning Services has determined that the following Development Standards as approved by the Board of County Commissioners on March 1, 2000 are not in compliance. 3. The facility will consist of a large steel structure and principal dwelling. All appropriate building and zoning permits must be obtained prior to construction. The property is located within the One-Hundred (100)Year Floodplain, as indicated on FIRM panel map #080266-0960D. 15. The existing, and any proposed, structures shall meet all building and fire codes. • 21. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial 1 } Pape changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Board of Commissioners before such changes from the plans or Development Standards are permitted. Any • other changes shall be filed in the office of the Department of Planning Services. 22. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. - The purpose of this public hearing will be to review the Development Standards as approved on March 1, 2O00 to determine if probable cause exists to schedule a Show Cause hearing. At the Show Cause hearing the Board of County Commissioners will determine whether the property is operated in accordance with the Conditions of Approval and Development Standards of USR-1250. If not, the Board of County Commissioners may revoke USR-1250 for noncompliance. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. pectfu , //`y LPL^Y ? ' N ≥ m �' 0 N C Ce Tom Parko a ii s o rJ i z d 11 4 Planning Manager ❑ ❑s. it o� ❑ ❑ o ❑ s III Pc: USR-1250, Clerk to the Board 3 W N o t. m U Zo N ED m ¢ N dcr, n- Z I 5 Li = ci U.S.Postal ServiceTM 2 o P -g ° rn CERTIFIED MAIL, RECEIPT W s ❑ ❑ ❑ m S (Domestic Mad Only;No Insurance Coverage Provided) to ,� a a a O ®s .. > N 'F r •elivery Infermetl n vielt ur we•eNe et www.uspe.c mo ti n r9 c r r v a o p -IIm ti @ d c` m t p g�� m ; m U i` Poste e 3 _. O ACC . a s C% ❑ ❑ O CandiedFee C Postmark rn ' cc Return Receipt Fee Here Ill I o O (Endorsement Required) O m .n O ri Delivery Fee m m 8 (��- ii (Endorsement Requlretl) = o 'g p. O n 13 d t o m Total Postage&Fees $ • o d N O E `r in ru m rn t. >`m �' J I Sent To nn ck t `t'n TG?4&SSt Qra NVO S(ree!.Apt No.; VW`- (�J d U Yj U O -----•----- C� I Pmt 9 O It nr PO B" NO. 4]a 1\3E- a 1-�..---..�-" a�-0 o as a N City.Store.ZIP+4 r m N N" ow o m C E c m y o w '--2,=. v ..! @ ti 2•02 ,9 ,0-2 N ,J h • P? ea � ° 2 N -r; n E '- $., m m.., a t? lU E Q 1- P?, .. « Q k) 0 1� Z •y CE nv rmt m �.1 m • E E « Y o ( c E O ks. co N d 2II' < _ _ 1 DEPARTMENT OF PLANNING SERVICES Building Compliance Division 1555 N 17`"AVE, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregory(ahco.weld.co.us it'ICC C Phone: (970) 353-6100, Ext. 3568 O Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE September 1, 2010 DONALD JR and MARGARET IARUSSI 5052CR1 ERIE CO 80516 Subject: BCV10-00117, Part of the SW4 of Section 6, Ti N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. larussi: • It has come to the attention of the Weld County Building Department that a second violation exists on your property at 5052 County Road 1 for a dwelling built inside a structure originally permitted as a 7200 square foot structural steel warehouse to be used as storage and office space. As you know, the previous violation (BCV10-00103)which is for expired permit number BCR08-01012, is scheduled with the Board of County Commissioners on September 14, 2010. That meeting is CANCELLED and the case will be heard in conjunction with BCV10-00117 and the zoning issues regarding USR-1250. You will be notified when that date has been scheduled. At that time, it will be determined if the dwelling unit will be allowed and if building permits may be submitted. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sinc l , Peggy Gregory Building Compliance Officer pc: BCV10-00117 BCV10-00103 Bethany Salzman, Zoning Compliance Officer Tom Parko, Planning Manager • S • N Z, N_._ _ ._ _ e... N N - N ¢¢ `o ≥ Z° m i 4 I co ❑ N N .6 EaO , ¢ lif E cg .°53 : E ❑ y v F N N , m ru R 'd m N E m `m w m aai 2 oN fIJ N N N FT jpn� N 0 -O m m C U N W U N O N C r d m m 13 Y N U M C o co O Gc In 2 N Cr) 0❑❑ CC • ¢ ( CO O of CC v O O c c3 m co H 0 to ti co O2 om m d 2 m E co I m a E D "' 1° 04 d m o2ooE H 99 • U"NHTN � I 0 El ?ti IV _N V a • ECI • 8El ' ¢ NNNsE04 N a y oi �mooa`r C7 a ≤ c=�.ca a FG N yr N ca N ,,,CI- - at ym N❑9 E-t- N HI N 10 C J O N1 ` p0 J �- co co co 0 W O U r- -• c. E` Emoc d H) .Y .N ii Z9 I N N U U O h N _ =c+ — m c o N.t d a O a E T X U �¢ a3LL a U U E e w av >car " m dcVw zw co EEc« mp a Z c/1 in m E V C Z Uta NQ O < g un w < LL U) ■ ■ ■ of a • • S J _ q p, m m cc I— T _ �IG1 1 1J G�' 1 4 ._____ N l; G T"' r ttl iC ;-.,.,.. — p a r m vl E-�a. Cgra,E G 2 ,3 b mf_ii c x 14. v �� u it 0 v C WK G -' r• to b: in W� �`•G N ct UU W 4+' f n O• m W LO N h2cL2 EcLhO 0000 [IEEE 900L O N O o = O N N_ 0 5 c 0 E d C c N C cn a n> o o t a co c o $ O d c.) r U E cal- T t a z m 0 7 h 0 O ror0 jOQ � � a d � �a 3.15 • DEPARTMENT OF PLANNING SERVICES 1555 N. 17th AVENUE GREELEY, COLORADO 80631 IWEBSITE: www.co.weld.co.us EMAIL:C. PHONE 970)t353-6100,FAX (970)3 EXT.-6498 COLORADO September 1, 2010 MARGARET& DON IARUSSI 5052 NE COUNTY LINE RD ERIE, CO 80516 Subject: USR-1250, Lot A of RE-1500 also known as part of the SW4 of Section 6, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. larussi: Notice is hereby given that the property listed above, is not in compliance with USR-1250 (Special • Use Permit).All conditions of the original permit must be in compliance by September 15, 2010 or a Probable Cause public hearing, pursuant Chapter 23, Article 11(2), Division 4, Section 23-2-270 of the Weld County Code, will be scheduled. If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review case number USR-1250, for compliance with the Development Standards, as approved by the Board of County Commissioners on March 1, 2000, to determine if probable cause exists to hold a hearing on revocation of the permits. The Department of Building Inspections' Building Compliance Officer(Peggy Gregory) has initiated 2 (two) separate Building Violations (BCV10-00103 and BCV10-00117)thus violating the following Development Standards approved for USR-1250: 3. The facility will consist of a large steel structure and principal dwelling. All appropriate building and zoning permits must be obtained prior to construction. The property is located within the One-Hundred (100) Year Floodplain, as indicated on FIRM panel map #080266-0960D. 15. The existing, and any proposed, structures shall meet all building and fire codes. 21. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Board of Commissioners before such changes from the plans or Development Standards are • permitted. Any other changes shall be filed in the office of the Department of ] Il' : _ Planning Services. 22. The property owner or operator shall be responsible for complying with all of the • foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. If it is determined at the public hearing that there is probable cause that you are not in compliance with USR-1250, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. R ectfully, / 0,4 Tom Parko Planning Manager Pc: USR-1250, Clerk to the Board • • 2II' _ 0 DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division C 918 10'h Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ep )LE CASE K ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: X ZONING CODE COMPLAINT ❑ Staff/Name 'Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name Of known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS 0.5?—""‘ p ��jj y Date Complaint was received: O •/� • /O Pending Case #(i.e. USR, RE, SE, eect....} V .52-r\CJa51,1 r7 Legal Description: 5 4 CO'/ 6d i#: /5/67-06,5-00-009 Violation Address: &J / Atli, eo e c1S/e rty Owners Name: "2/12/Si Sethi, et hi i faitdLG Phone: Property Owners Address: JJ97.L Tenant's Name: Phone: Tenant's Address: //JJ ��"""" � ..yy� � ����� yy //p��/� NATURE OF COMPLAINT: „An:" teak !/7,Q/Ld.r aL'G(.l[lGl � (d - 99oi'sa, Additional Notes: t V 4a (-t .2)1!]4tarn,r r[uvk.• • ►IIIII111111"Ill�►��►�►►►►�III :it III 1111 IIII ►III 2690883 05/03/1999 11:43R Weld County CO 1 of 1 R 6.00 D 8.85 JR Diehl Taukamolo F3 • WARRANTY DEED THIS DEED, Made this28trday of d APRIL 1999- between Joe L. Baldwin and Alice Jean Balldwinwin of the County of Weld and ,V 9.z 63s3 State of Colorado, grantor, and I John Carmichael and Donald Iaruesi, Jr. whose legal address is 0 33277 28th Street, Boulder, Colorado 80301 of the County of weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sun of EIGHTY EIGHT THOUSAND FIVE HUNDRED AND 00/100, ($88,500.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of weld and State of Colorado, described as follows: Lot A of Recorded Exemption No. 1467-06-3-RE1500 of a portion of the SW 1/4 of Section 6,alsooknownp 1 North,by street and9e 68 numberest of as 5050he WeldhCounty Road ty 1,of Weld, State of Colorado Erie, Colorado 80516 T0GETHER with all and singular the hereditament. and appurtenances thereunto belonging, or in anywise- appertaining- and the- reversion- and- revwrd nna . remainder and remainders, rents, issues and profits thereof, end all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,- unto the-grantaae,- their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, end agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in lee, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1999 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; • p Doc Fee ° -Z. • The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof- The singular number shall include the plural, the plural the singular', a use- of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this ed on the date set forth above. -,Joe L. Baldwin Alice Joan aldwin STATE OF COLORADO ee. The foregoing instrument was acknowledged before County of Weld } me this 28TH day of APRIL, 1999 by Joe L. Baldwin and Alice Jean Baldwin Witness my hand and official seal. My commission expires V0,0 l• r NOTARY PUBLIC E • s• 1002 17TH AVENUE No. 921A. Rev. -a5 I o i LONGMONT, COLORADO 80501 U: • I pUev'O % (('y�`E OF���-' q 1 rordin Re urn To: • .3a.77 J3ai/det CA tote/ 9055 12 04/111111111 IIII IIII it'll III ttlll Iltl Ittl 1 Of 2 3 110.00001 12:43P JA Sukl 7sukamato 1 of R 10.00 D 0.00 Weld County CO LF298-04 QUITCLAIM DEED THIS QUITCLAIM DEED, executed this 3rd day of December ,2001 (year), by first party,Grantor, John Carmichael and Donald larussi,Jr. whose post office address is 3531 Feather Reed Ave, Longmont, Colorado 80503 to second party, Grantee, Donald larussi, Jr. whose post office address is 5052 Weld County Road 1, Erie,Colorado 80516 • WITNESSETH,That the said first party, for good consideration and for the sum of Ten Dollars ($ 10.00 ) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of Weld . State of Colorado to wit: Lot A of Recorded Exemption No. 1467-06-3-RE 1500 of a portion of the SW ''A of Section 6,Township 1 North,Range 68 West of the 6th P.M.,County of Weld, State of Colorado. Also known by street and number as 5052 Weld County Road I,Erie,Colorado 80516 • E-ZPage I Rev.030.n ® s uct Legal Forms,Inc. This product does not constitute the rendering of legal advice or services.This product is intended for informational use only and iv not a substitute for legal advice.Suite laws vary,so consult an attorney on all legal matters.This product was not necessarily prepared by a person licensed to practice law in your state. 11111111111111111111111 IIII IIII Illlhl d1 IIIII ERE 2905538 12/0412001 12:43P JA Suki Tsukamoto 6 2 of 2 R 10.00 D 0.00 Weld County CO IN WITNESS WHEREOF', The said first party has signe and fsealed these presents the day and year first abuse written. Signed, sealed and delivered in prese((clot" --I Signature. of Witness Signature of Fier arty • ----- — ---- Print name of Witness Print-name of First Party Signature of Witness Signature of Firs[Party -4'i.> / �ti rrstc' bsK Print name of Witness Print name of First Parry State of ( k ( .*/1) County of �' � On {iC�(�L 2 h before me, 1)(0` (0i7r-- L C i Okt- K.) appeared -_174 • /tert4IRif( H tL. r Do 4I _T ARtl cS i J personally kn wn tom (or proved to me on the basis of satisfactory evidence) to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitylies). and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. ( , Signature of'Notary __ Afliant Known Produced ID • DIANA L SIDDERS Type of ID ,.//U-4 ,n,z tt NOTARY PUBLIC (Seal) STATE OF COLORADO State of My Cmvm,,,,r, County of F'rrvres namenoo2 On before me, appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Affiant __Known _Produced ID Type of ID (Seal) • Signature of Preparer Print Name of Preparer Address of Preparer Pdgc • 141 11111111111 1111111131 Hill 11111111111111111111111111 t o1 1 911 R 6r00 Z002 10:454 JA Sold D 0.00 Weld County COeukamoto ,.. .•....,....a.... . .. .. • ' Recorded the day of at o'clock m. Reception a Recorder by t QUIT CLAIM DEED a THIS DEED, Wade this day of December 24, 2001 between DONALD IARUSSI, JR. • Grantor, for the consideration of *** TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ww• in hard paid, hereby setts and quitclaims to DONALD IARUSSI, JR. AND MARGARET C. IARUSSI • Grantee, not in tenancy in common, but in joint tenancy, whose street address is 5052 NE COUNTY LINE ROAD, ERIE, CO 80516 City of , County of WELD , State of Colorado , the following real property in the , County of WELD , and State of Colorado, to wit: LOT A, RECORDED EXEMPTION NO. 1467-06-3-RE 1500, ACCORDING TO PLAT RECORDED AUGUST 11, 1993 AT RECEPTION NO. 2345711 IN HOOK 1397, BEING • LOCATED IN THE SW 1/4 OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. • i also known as street and nurtxr 5052 NE COUNTY LINE ROAD, ERIE, CO 80516 • TOGETHER with all its appurtenances. qThe singular nurber shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Signed as of the day and year first above written. • • 'l DONALD IARUSSI I JR. • tF • I. State of Colorado ) ) ss. ICounty of BOULDER ) The foregoing instrument was acknowledged before me this day of December 24, 2001 by DONALD IARUSSI, JR. Witness my hard and official seal. 99 CATHY A. GROVE My tenni as on expires /J.a 8_0a NaTARV 81181 IC LA/. STATFRDFCSLbRADO My CnNaalmrEvenE Judy 23.2003 m lYY orded return to: DONALD IARUSSI, JR. AND MARGARET C. IARUSSI.....• 7�iyis�{ 5052 NECOUNTY LINE ROAD, ERIE, CO 60516 • form No, ocDJT (cult Claim Deed Joint i ants - 2/97) MT25005647 FTF2 5005647 • AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS • SURFACE ESTATE Subject Parcel: 146706300009 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. c a Signature ' /02-th- 10 Date Property Owners Within 500 ft. of Parcel# 146706300009 NAME MAILING ADDRESS PARCEL IDENTIFICATION # • BILLINGS MARY ALICE (2/3 INT) 2246 RIVERSIDE DR 146707200019 Additional Owners: BILLINGS MARY ALICE TRUST (1/3 INT) LYONS,CO 80540 BILLINGS MARY ALICE (2/3 INT) 2246 RIVERSIDE DR 146707200020 Additional Owners: LYONS,CO 80540 BILLINGS MARY ALICE TRUST (1/3 INT) CONILOGUE CHARLES 5080 CR 1 146706300005 Additional Owners: ERIE,CO 80516 CONILOGUE TINA M DAVIS ALBERT S JR 5152 BUFFALO RD 146706305002 Additional Owners: DAVISRIE,CO 80516 AVIS DIANA S P O BOX 11078 FIRST BIBLE BAPTIST CHURCH 146706300010 BOULDER,CO 80301 MICHEL CHERYL 5142 BUFFALO RD 146706305001 Additional Owners: ERIE,CO 80516 PEEBLES CEDRIC D • MORADI MIKE & SHAHLA TR(11.7647% INT) http://maps2.merrick.com/website/weld/setsgl.asp 12/16/2010 AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of 2 Additional Owners: • MORADI CAROLINE TRUST (8.8235% INT) C/O EVERETT L PFEIFF MORADI KATINA TRUST(8.8235% INT) 6530 DAYLILLY 146706300012 MORADI FOROUGH - TRUSTEE (52.9413% COURT INT) NIWOT,CO 80503 MORADI ALBERT TRUST (8.8235% INT) K A C HOLDINGS LLC(8.8235%INT) SARRIS STEVEN P 5185 BUFFALO RD 146706305006 Additional Owners: SARRIS VANNA G ERIE,CO 80516 SCHLICHENMAYER LOYD 5090 CR 1 146706300004 Additional Owners: SCHLICHENMAYER SHEILA ERIE,CO 80516 • • http://maps2.merrick.com/website/weld/setsgl.asp 12/16/2010 Weld County, Colorado Page 1 of 3 Weld County, Colorado • ri • . 85 71 14 I 5271 n —A 34 25 $g pion y .. A { y� . _ 1� a T •1 r :' 1.' . a . S _ • 1 %. jJ : A ,ti .'.) i2D . 4 .. • c 1 ire—, it.- . . -- - Ili , FRIF igoz._ . rx } . t .41A)frem ;$ ,, %Veld County pray I i @I 4 s Q 11 • http://maps2.merrick.corn/MerrickIMS/ims?ServiceName=weldovr&Form=True&Encod... 12/16/2010 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE *Account*: R8026599 Parcel#: 146706300009 Tax Area: 1303 Bordering County: Acres: 2.84 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 01 - 68 -06 - 3 - - Owners Name &Address: Property Address: IARUSSI MARGARET& Street: 5052 1 CR 5052 NE COUNTY LINE RD City: WELD ERIE, CO 80516 Additignal Owners: IARUSSI DONALD JR Business/Complex: Sales Summary Sale Date Sale Price DeedTvoe Reception # 4/28/1999 $88,500 WD 2690883 Legal Description PT SW4 6-1-68 LOT A REC EXEMPT RE-1500 ALSO PT ABDN RR BEG SE COR L24 WESTVIEW ESTATES $67D04'E 50'S22D55'W 305.34' S89D43'W 54.4' N22D55'E 326.76'TO POB • Land•Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Acres 2.84 Land Subtotal: 2.84 $198,800 $15,820 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Out Building 2 Residential Improvements Subtotal: $402,198 $32,010 Total Property Value $600,998 $47,830 Building Details Account#: R8026599 Parcel#: 146706300009 Owners Name&Address: Property Address: IARUSSI MARGARET& Street: 5052 1 CR 5052 NE COUNTY LINE RD City: WELD ERIE, CO 80516 Building# Property Type 1 Out Building http://maps2.merrick.com/Website/Weld/setSq 1.asp?cmd=QUERY&DET=PP&pin=14670... 8/18/2010 Identify Results Page 2 of 2 Individual Built As Detail Built As: Equipment Building Year Built: 20O0 • Exterior: HVAC: Forced Air Interior Finish: Built As SQ Ft: 72O0 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R8026599 Parcel#: 146706300009 Owners Name &Address: Property Address: IARUSSI MARGARET& Street: 5052 1 CR 5052 NE COUNTY LINE RD City: WELD ERIE, CO 80516 Building# Property Type 2 Residential Individual Built As Detail Built As: 2 Story Year Built: 2001 Exterior: Frame Siding HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 2947 # of Baths: 4 Roof Type: # of Bdrms: 5 Roof Cover: Composition Shingle # of Stories: 2 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 638 Detached SQ Ft: 0 Basement: Total SQ Ft: 0 Finished SQ Ft: 0 • http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14670... 8/18/2010 Hello