HomeMy WebLinkAbout20110416.tiff RESOLUTION
RE: ACTION OF THE BOARD REGARDING VIOLATION ZCV#1000126 AGAINST ALFONSO
PEREZ FOR VIOLATION OF THE WELD COUNTY CODE
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, Alfonso Perez, ZCV #1000126, is allegedly in violation of the Weld County
Code, and
WHEREAS,despite efforts by the Planning staff to resolve said matter,the violation has not
been corrected, and
WHEREAS, on the 8th day of February, 2011, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,Alfonso Perez, property owner,was not present or represented at said hearing,
and
WHEREAS,the Board of County Commissioners deems it advisable to continue the matter
for a period of one month, to March 8, 2011, to allow adequate time for staff to ensure proper
notification is given.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV#1000126 be, and hereby is, continued to March 8,2011, at 10:00 a.m.
C C ' ?LI Viol .
3j [ tI 2011-0416
PL0824
VIOLATIONS -ZCV#1000126— PEREZ
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on th= jaa r •f February, A.D., 2011.
'6 BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COL RADO
1861 (�
ATTEST: �� "�iii"f+ ' t/uL
��• arbara Kirkmeyer, hair
Weld County Cler ��
Sean P. n ay, Pro-Tern
BY: �(I 1
Deputy Clerk to the Board q91
. Garcia
AP.OED, ORM: EXCUSED
l David E. Long
"unty Attorney EXCUSED
Douglas Rademacher
Date of signature: 43/I
2011-0416
PL0824
fit; rs6 ca)
WI`De
Planning Department
ZONING VIOLATION CASE SUMMARY
Violation Number: ZCV10-00126 Compliance Officer: Bethany Salzman
PRIMARY OWNER: Situs Address: 15330 DALE AV
PEREZ ALFONSO JR
Mailing Address: 720 S OVERLAND TR
FORT COLLINS, CO 80521
PARCEL:
130927210007-R5218686 Acreage: 0.99
Legal Description: AR17-2 L2 BLK17 ARISTOCRAT RANCHETTES
LOCATION:
Location: South of and adjacent to CR 18 and East of and adjacent to CR 31
North: Agriculture with residences
South: Industrial plant/Agriculture and Fort Lupton Municipal boundaries
East: Agriculture
West: Agriculture with minimal residences
NOTIFICATION INFORMATION:
Certified Date 12/10/2010
Certified Reference Number 7008 3230 0000 0473 2977
USPS Date
VIOLATION DESCRIPTION:
Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
23-3-40 Uses by special review
23-3-40.B Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including:
23-3-40.6.10 Animal training and boarding facilities where the maximum number of ANIMAL UNITS permitted in
Section 23-3-50.D is exceeded or when the use adversely impacts surrounding properties, including noise, odor,
lighting or glare, traffic congestion or trash accumulation.
23-3-40.6.16 LIVESTOCK CONFINEMENT OPERATIONS.
23-3-50 Bulk requirements.
The following lists the bulk requirements for the A(Agricultural)Zone District.
23-3-50.D Maximum number of ANIMAL UNITS permitted per acre: four(4) per acre or portion thereof.
VIOLATION REMEDY:
Since an on-site inspection still has not been scheduled, the above hearing was scheduled. If you feel the
property is in compliance, please call me to schedule an inspection. If indeed the property is in compliance,
the hearing will be cancelled.
As we have previously discussed, to bring the property into compliance, the presence of more than 4 (four)
ANIMAL UNITS(in this case horses) even temporarily, requires additional Weld County Zoning Permits.
tstz
WI`De
Planning Department
ZONING VIOLATION CASE SUMMARY
Additionally, I noted a camper/trailer parked on the East side of the house that appears to have fallen into
DERELICT condition. The vehicle shall be operational at all times and maintain current registration at all times
or it shall be completely SCREEND from all adjacent properties and public right-of-ways or it shall be removed
from the property.
RECOMMENDATION:
The Department of Planning Services recommends this case be forwarded to the County
Attorney's Office for immediate legal action.
WORKFLOW SUMMARY:
Case Initiation 09/30/2010 Initiated
Violation 09/30/2010 5 Day Letter
Violation 10/18/2010 Violation Notice
Violation 12/10/2010 Hearing Notification
INSPECTION SUMMARY:
Zoning Inspection 09/29/2010 Noncompliance Bethany Salzman
Inspection Result Comment Upon a visual inspection of the property, the following items were noted: I could
easily see 2 (two) horses, but there are several other horse stalls situated on the
property. I also noted an apparent Derelict Camper/Trailer. No pictures were
taken during this inspection.
DEPARTMEN r OF PLANNING SERVICES
ral 6 Zoning Compliance Division
ee North 17th Avenue
Gre
eley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
C 3 100 X 3555
FAX: 970-304-6498
COLORADO
December 10, 2010
PEREZ ALFONSO JR
720 S OVERLAND TR
FORT COLLINS, CO 80521
Zoning Violation Case: ZCV10-00126
Situs Address: 15330 DALE AV
Legal Description: AR17-2 L2 BLK17 ARISTOCRAT RANCHETTES
Dear Perez Alfonso Jr:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on
X02/08/201!1 at 10:00,AM .
The above mentioned property remains in violation of the following Section(s)of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
23-3-40 Uses by special review
23-3-40.B Agricultural Service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including:
23-3-40.6.10 Animal training and boarding facilities where the maximum number of ANIMAL
UNITS permitted in Section 23-3-50.D is exceeded or when the use adversely impacts
surrounding properties, including noise, odor, lighting or glare, traffic congestion or trash
accumulation.
23-3-40.6.16 LIVESTOCK CONFINEMENT OPERATIONS.
23-3-50 Bulk requirements.
The following lists the bulk requirements for the A(Agricultural)Zone District.
23-3-50.D Maximum number of ANIMAL UNITS permitted per acre:four(4) per acre or
portion thereof.
To bring your property into compliance with the Weld County Code:
Since an on-site inspection still has not been scheduled,the above hearing was scheduled.
If you feel the property is in compliance, please call me to schedule an inspection. If indeed
the property is in compliance, the hearing will be cancelled.
As we have previously discussed, to bring the property into compliance, the presence of more
than 4 (four)ANIMAL UNITS (in this case horses)even temporarily, requires additional Weld
County Zoning Permits.
Additionally, I noted a camper/trailer parked on the East side of the house that appears to
Page 1 of 2
Report ID: CODE000023v002 Print Date-Time: 12/10/2010 3:53:49PM
DEPARTMEI. . JF PLANNING SERVICES
6:tcfe l31;;;:, Zoning Compliance Division
1555 North 17th Avenue
Gre
eley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
Wil
Co FAX: 97 0 3HONE: 970-04-64353-6100
4365 9 8 X 3555
98
COLORADO
have fallen into DERELICT condition. The vehicle shall be operational at all times and
maintain current registration at all times or it shall be completely SCREEND from all adjacent
properties and public right-of-ways or it shall be removed from the property.
This hearing will take place in the County Commissioners Hearing Room, First Floor, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be
in attendance to answer any questions the Board of County Commissioners might have about the violations.
Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the
business day before or as soon as possible to the above mentioned violation hearing date.
The Department of Planning Services staff will be recommending that the Board of County Commissioners
authorize the County Attorney to proceed with legal actions to remedy the violation. Our records indicate
that you were made aware of the nature of the violation including the action necessary to correct the
violation, and that you were given sufficient time to remedy this violation. If you have any questions
concerning this matter, please call me.
Sincerely,
r
ethany Sa-izrnat
Zoning Compliance Officer II
File: ZCV10-00126
U.S. Postal Service..,
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Page 2 of 2
Report ID: COOE000023v002 Print Date-Time: 12/10/2010 3:53:49PM
DEPARTMENT .F PLANNING SERVICES
Q Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
D' • E-MAIL: bsalzman@co.weld.co.us
. 100 X 3555
FAX: 970-304-6498
COLORADO
October 18,2010
PEREZ ALFONSO JR
720 S OVERLAND TR
FORT COLLINS,CO 80521
Zoning Violation Case: ZCV10-00126
Legal Description: AR17-2 L2 BLK17 ARISTOCRAT RANCHETTES
Situs Address: 15330 DALE AV
Dear Perez Alfonso Jr:
The uses on the above described property are being considered as a zoning code violation of Sections of
the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County
Code:
Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
23-3-40 Uses by special review
23-3-40.B Agricultural Service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including:
23-3-40.6.10 Animal training and boarding facilities where the maximum number of ANIMAL
UNITS permitted in Section 23-3-50.D is exceeded or when the use adversely impacts
surrounding properties, including noise, odor, lighting or glare,traffic congestion or trash
accumulation.
23-3-40.6.16 LIVESTOCK CONFINEMENT OPERATIONS.
23-3-50 Bulk requirements.
The following lists the bulk requirements for the A(Agricultural)Zone District.
23-3-50.D Maximum number of ANIMAL UNITS permitted per acre:four(4)per acre or
portion thereof.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter, the presence of more than 4 (four)ANIMAL UNITS (in this
case horses) even temporarily, requires additional Weld County Zoning Permits. Please
contact me for a final inspection upon reduction of the Animal Units.
Additionally, I noted a camper/trailer parked on the East side of the house that appears to
have fallen into DERELICT condition. The vehicle shall be operational at all times and
maintain current registration at all times or it shall be completely SCREEND from all adjacent
properties and public right-of-ways or it shall be removed from the property.
Page 1 of 2
Report ID: CODE000021v002 Print Date-Time: 10/18/2010 8:30:37AM
DEPARTMENT .,F PLANNING SERVICES
racea Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
IE-MAIL: bsalzman@co.weld.co.us
C. PHONE: 970-353-6100 X 3555
FAX: 970 304-6498
COLORADO
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,
we have no discretion in this matter if you fail to correct this violation.You have until
11/18/2010
to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the
Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office
for legal action.
Any information you have that may help to resolve this matter will be useful. 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
Sincerely,
Bethany Salzman
Zoning Compliance Officer II
File: ZCV10-00126
Page 2 of 2
Report ID: CODE000021v002 Print Date-Time: 10/18/2010 8:30:37AM
Kit E-%%s'S
C.
COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE:970-353-6100 X 3555
FAX: 970-304-6498
September 30, 2010
PEREZ ALFONSO JR
720 S OVERLAND TR
FORT COLLINS,CO 80521
Zoning Violation Case:ZCV10-00126
Situs Address: 15330 DALE AV
Legal Description: AR17-2 L2 BLK17 ARISTOCRAT RANCHETTES
Dear Perez Alfonso Jr:
It has come to the attention of the Department of Planning Services staff that the uses on your property
may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s)with
the Weld County Code are as follow:
As we have previously advised over the years, the presence of more than 4 (four)ANIMAL
UNITS (in this case horses) even temporarily, requires additional Weld County Zoning
Permits. Please contact me for a final inspection upon reduction of the Animal Units.
Additionally, I noted a camper/trailer parked on the East side of the house that appears to
have fallen into DERELICT condition. The vehicle shall be operational at all times and
maintain current registration at all times or it shall be completely SCREEND from all
adjacent properties and public right-of-ways or it shall be removed from the property.
Please contact me within five working days of the date of this letter to review these concerns with me.
Feel free to contact meat 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.
Sincerely,
Bethany Salzma•
Zoning Compliance O is
File: ZCV10-00126
Identify Results Page 1 of 1
•
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5218686 Parcel#: 130927210007
Tax Area: 2241 Bordering County:
Acres: 0.99
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
02 - 66 - 27 - 2 ARISTOCRAT RANCHETTES INC - 17 - 2
Owners Name &Address: Property Address:
PEREZ ALFONSO JR Street: WELD
720 5 OVERLAND TR City: WELD •
FORT COLLINS, CO 80521
Business/Complex: -
Sales Summary
Sale Date Sale Price Deed Type ' Reception #
4/12/2000 $50,000 WD 2762007
L gal Description
AR17-2 L2 BLK17 ARISTOCRAT RANCHETTES
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1135 Site
Land Subtotal: $35,000 $2,790
No Buildings on Parcel
http://maps2.merrick.com/W ebsite/Weld/setSq l.asp?emd=QUERY&DET=PP&pin=13092... 9/29/2010
Identify Results Page 1 of 1
Mobile Home Valuation
Account#: M1049297 Parcel#: 130927210007
Owners Name&Address: Property Address:
PEREZ ALFONSO JR Street: 15330 DALE AV FORT LUPTON
1127 E OVERLAND City: FORT LUPTON
SCOTSSBLUFF, NE 69613
Business/Complex:
Legal Description
AR 17-2 IMPS ONLY MH L2 BLK17 ARISTOCRAT RANCHETTES MOBILE/MODULAR
Land Value $0 Land Assessed Value $0
Imor. Value $10,181 Dnpr. Assessed Value $810
Total Value $10,181 Total Assessed Value $810
Tax Area: Bordering County:
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
02 - 66-27 - 2 ARISTOCRAT RANCHETTES INC- 17 - 2
Acres:
Sq. Ft.:
Sale Price Sale Date Deed Type Reception #
$6,500 1/30/1996 MHTL 03M723697
http://maps2.merrick.corn/Website/Weld/setSgl.asp?cmd=ACCDET&acct=130927210007... 9/29/2010
r
Bethany Salzman
From:
Sent:
To: Bethany Salzman
Subject: Both neighbors in violation
With horses.
Just too many horses again at 15379 Nancy and 15330 Dale
I guess they must not know how many horses they can have on 1 acre.
ort LuF p o CO
MOW
1111111111111111111111111111111111 1111111 III 1111 •
2762007 04/17/2600 11:29A JA SukiTeukamoto
1 of 2 fl 10.00 D 5.00 Weld County CO
007 WARRANTY DEED
IS DEED, Made this 12th day of April, 2000 between
Humberto Balderrama and Elvira Balderrama
of the County of Weld and
State of Colorado, grantor, and
Alfonso Perez, Jr.
whose legal address is 821 Hilltop, Longmont, Co 80501
of the County of Boulder and State of Colorado, grantees:
WITNESSETH That the grantor for and in consideration of the sum of FIFTY THOUSAND
AND 00/100, ($50,000.00) 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 grantee, his heirs and assigns
forever, all the real property, together with improvements, if any, situate,lying and
being in the County of Weld and State of Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as 15330 Dale Avenue, Fort Lupton, Colorado 80621
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and 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 grantee, his heirs and assigns forever. And the grantor, for
himself, hie heirs and personal representatives, does covenant, grant, bargain, and
agree to and with the grantee, his 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
law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form as 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
except general taxes for 2000 and subsequent years;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantee, his 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, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
H mberto Balderrama
•
CA el.1georn•nt-dt-
Elvira Balderrama
STATE OF COLORADO
} ss. The foregoing instrument was acknowledged before
County of Weld } me this 12th day of April, 2000
by Humberto Balderrama and Elvira Balderrama
Witness my hand and official seal.
‘�
'(P�Y.PUB\%h My commission expires 10-17-2002
5 / MELINDA\\ \
* SAESSLER f) NOTARY PUBLIC
��\ es, 15 South 4th Avenue
No. 932A. Rev. 7-84 ... .+��% Brighton, COLORADO 80601
1
` f OF C0�_
d',iq '`3049541°f3
IIIIII IIIII IIIIIII IIi lllll Mild
I Ili lllll till llil 2782007 04117/2000 11:29A JA Sukl Tsukamoto
2 of 2 B 10.00 0 5.00 Weld County CO
ESCROW NO. , 80495468
DATE : April 12 2000
"EXHIBIT A"
LEGAL DESCRIPTION
Lot 2, Block 17, Aristocrat Ranchettes•Inc. Subdivision, County of
Weld, State of Colorado.
AND
SCHEDULE B
EXCEPTIONS
7. Reservations by the Union Pacific Railroad Company of (1) all oil,
coal and other minerals underlying subject property, (2) the
exclusive right to prospect for, mine and remove oil, coal and
other minerals, and (3) the right of ingress and egress and
regress to prospect for, mine and remove oil, coal and other
minerals, all as contained in Deed recorded November 20, 1909 in
Book 233 at Page 258.
8. Covenants, Conditions and Restrictions, which do not contain a
forfeiture or reverter clause, (deleting any restrictions
indicating any preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status or national
origin) as contained in instrument recorded November 4, 1965 in
Book 553 as Reception No. 1475075, and any and all amendments and
supplements thereto.
9. Utility easement(s) as shown on the Plat of said Subdivision, said
easement(s) being along the Southerly 5 feet of the subject
property.
I 31fso II NW 1111(
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