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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.., CERTIFIED MAIL.. RECEIPT N (Domestic Mall Only;No Insurance Coverage Provided) pr- F delivery Int rmetl•n visit ur website at wviw.usps.c me ru m f`- Postage S Certified Fee Postmark Return Receipt Fee Here R (End Return m Required) O ndor em Delivery Required) Fee(Endorsement e e Total Postage&Fees $ ru Sent To �. O Street,Ap[No.; O orPoaoxNo. 47).--' I"AI2 1'� .-. -- --1�_ ri City,Slate,ZIP+4 \C, r, 1 ('.06 Th PS Form 3800,August 2006 , See Reverse for mstrupns, 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. 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