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Home My WebLink About20110115.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #1000117 AGAINST LARRY PRICE 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, Larry Price, ZCV #1000117, 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 11th day of January, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Larry Price, property owner was present at said hearing, and WHEREAS, after hearing the testimony and statements provided, the Board deems it advisable to refer the matter back to the Department of Planning Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#1000117 be, and hereby is, referred back to the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D., 2011. BOARD OF COUNTY COMMISSIONERS W D COUNTY, CO RADO ATTEST:', _ r "f/ arbara Kirkmeyer, Chair Weld County Clerk to the ar -,l 2 CC��' ' J Sean P. nway, Pro-Tem Deputy Clerk to the Boa ,, ,. , . arcia APP D AS • ''-7----2----7----N. David E. Long linty Attorney EXCUSED Douglas Rademacher Date of signature: ' Li‘.2 . PL , Vl'0( 2011-0115 • Z. -I I PL0824 fit 1k:; WE`Pt Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV10-00117 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 0 WELD PRICE LARRY Mailing Address: PO BOX 1349 STERLING, CO 80751 PARCEL: 053933111006-R0539486 Acreage: 0.56 Legal Description: 2598 L5 TO 7-15-16 BLK8 1ST ADD BUCKINGHAM LOCATION: Location: South of and adjacent to Hwy 14 and West of CR 115 North: Agriculturally Zoned properties South: Agriculturally Zoned properties East: Agriculturally Zoned properties West: Agriculturally Zoned properties NOTIFICATION INFORMATION: Certified Date 12/27/2010 Certified Reference Number 7008 3230 0000 0473 3035 Certified Receipt Date 12/30/2010 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. 23-3-40 Uses by special review 23-3-40.1 Solid Waste Disposal sites and facilities, subject to the additional requirements of Section 23-4-380. VIOLATION REMEDY: Please keep in mind if the mulch is spread prior to January 10, 2011, the above mentioned hearing will be cancelled. As we discussed over the phone the storage of large(commercial type) quantities of mulched/chipped wood is not an allowed use without a Use by Special Review(USR) permit. This type of activity would be considered a solid waste disposal facility. Once the mulch is spread and utilized on the property, this violation will be closed. RECOMMENDATION: The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. WE`Pa Planning Department ZONING VIOLATION CASE SUMMARY WORKFLOW SUMMARY: Case Initiation 09/17/2010 Initiated Violation 09/17/2010 5 Day Letter Violation 10/04/2010 Violation Notice Violation 12/22/2010 Hearing Notification OTHER CASE HISTORY: 09/23/2010 Phone call Larry Price (970-214-5141)called. He indicated that his intent was to utilize the mulch on the property. He indicated he was going to spread it out and eventually plant some trees. He said the mulch kept the moisture in the ground. I asked if he was going to till it into the ground. He said no. He was planning on leaving it on the top. He said it kept the top cooler and held the moisture in better. I explained that there was quite a bit of mulch on the property. He indicated he planned on bringing even more. He said the amount that he already has there wouldn't be enough for all the property he owns there. He said he has neighbors taking mulch for themselves as well. I told him I would have to discuss this with staff and get back in touch with him. I transferred him to Commissioner Long's voice mail as well. 09/29/2010 Phone call Commissioner Long left me a voice mail indicating that he had received some messages from Larry Price. He indicated that if he was going to spread the mulch that it would not be a concern. He said, but he needs to see about getting it spread. Comm Long indicated that he would contact Mr. Price and get his time line for getting the mulch spread out. 10/04/2010 Phone call I called Larry Price again (970-214-5141). I advised him that I would be getting a 30 day letter out in the mail to him which grants 30 days for the compost pile to be spread out. He said he would get to working on it. He did say that Commissioner Long left him a voice mail and he did not get to speak with him directly. 12/30/2010 Certified receipt Certified Receipt received-Signed INSPECTION SUMMARY: Zoning Inspection 09/13/2010 Noncompliance Bethany Salzman Inspection Result Comment Upon a visual inspection of the property, the following items were noted: large amount of mulched/chipped wood in piles on the property. See pictures dated 09/13/2010. Zoning Code Inspection 12/06/2010 Noncompliance Inspection Result Comment Commissioner Long drove by the property and simply noted the piles have not been spread. DEPARTMEN. OF PLANNING SERVICES cit` t1 Zoning Compliance Division ftt 1555 North th Avenue Greeley, Colorado Coloto rado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us C FAO 970-304-6498 35 1 00 X 3555 FCOLORADO December 22, 2010 PRICE LARRY PO BOX 1349 STERLING. CO 80751 Zoning Violation Case: ZCV10-00117 Situs Address: 0 WELD Legal Description: 2598 L5 TO 7-15-16 BLK8 1ST ADD BUCKINGHAM Dear Price Larry: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on 01/11/2011 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. 23-3-40 Uses by special review 23-3-40.1 Solid Waste Disposal sites and facilities. subject to the additional requirements of Section 23-4-380. To bring your property into compliance with the Weld County Code: Please keep in mind if the mulch is spread prior to January 10, 2011, the above mentioned hearing will be cancelled. As we discussed over the phone the storage of large (commercial type) quantities of mulched/chipped wood is not an allowed use without a Use by Special Review (USR) permit. This type of activity would be considered a solid waste disposal facility. Once the mulch is spread and utilized on the property. this violation will be closed. Page, 1 of 2 Report in CODE000023v002 Print Date-Time: 12/22/2010 4:03.57PM DEPARTME) JF PLANNING SERVICES ra (1 Zoning Compliance Division 1555 North 1 Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us WIlD E-MAIL: bsalzman@co.weld.co.us C. 370-304-6498 100 X 3555 COLORADO 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. N O m a C z m,r Cu Sincerely, rn m tn 7:- 1 i. la " cm `v ❑ I S • UV I 1\�,� A iL? c‘...__24 - m g m a L� Bethany Salzman c Le =i ' a = o❑ 11 m Zoning Compliance Officer II -' r�� e- t;3 Er C o File: ZCV10-00117 \ 2 =�I, D u o m T ug FS m v ' a Postal Service TM l v r. a .it Per 7 N 0 n=- U.S. CERTIFIED MAIL. RECEIPT ' 5 `� pis r ' = = o u1 (Domestic Mall Only;No Insurance Coverage Provided) i y Q a, > (Alto a a mo cc C •rdellveryln •rmtN)•nvlslt urwe•slts al www.us•s.c•tne d X m C ri ' m p 3 • • m m rU N Postage $ O e m 0 iD E d co o Certified Foe N ) O. ❑ O Postmark E a 2 • .`75 C RstmReceipt Fee o 2 o o E O O (Endorsement Required) Here 0,N Y T o /� N p0 YO 5 �� Iti Restricted Delivery Fee w D g '�-- (Endorsement Required) a y o'o a L O 0 CJ N U N lr-�J C. CO c..... l-^ 0 nl Total Postage&Fees $ a j'O Lm..-O a (_! _ run r0 m co N m '.t Q ` 0 Sent To \ N a D E y N -...j I Cif m Co D Sneep r.Node N U N C a— 'a L� 2 m 0 or PO Box No. k i t _/ j 1` t E5 F m N c m I n n - m U- _ m U- P- ! t U O O `v C Safe.ZIPa4 / 0 CC C N m O m ' J n@ '- apt 15 BPS Form 3800,August 2006 See Reverse for Winton!) E E T Y 1'4 r m ig J m m oEc mo or):/".T /"C� -J�, c E O°%a` m¢ o ¢ CO • ■ • o) Co a___. Page 2 of 2 Report la CODE000023v002 Print Date-Time: 12/22/2010 4:03:57PM DEPARTMEN I OF PLANNING SERVICES (� Zoning Compliance Division 46)t 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us ' E-MAIL: bsalzman@co.weld.co.us PHONE:0 30436 98100 X 3555 C FAX: 9 COLORADO October 04, 2010 PRICE LARRY PO BOX 1349 STERLING,CO 80751 Zoning Violation Case: ZCV10-00117 Legal Description: 2598 L5 TO 7-15-16 BLK8 1ST ADD BUCKINGHAM Situs Address: 0 WELD Dear Price Larry: 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. 23-3-40 Uses by special review 23-3-40.1 Solid Waste Disposal sites and facilities,subject to the additional requirements of Section 23-4-380. To bring your property into compliance with the Weld County Code: As we discussed over the phone the storage of large(commercial type) quantities of mulched/chipped wood is not an allowed use without a Use by Special Review(USR) permit. This type of activity would be considered a solid waste disposal facility. Once the mulch is spread and utilized on the property, this violation will be closed. 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 11/04/2010 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 Page 1 of 2 Report ID: CODE000021v002 Print Date-Time: 10/4/2010 11:36:51AM DEPARTMENT OF PLANNING SERVICES 6i(r Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us ID E-MAIL: bsalzman@co.weld.co.us C. PHONE: 304 6498100 X 3555 FAX: 970 COLORADO Sincerely, Bethany Salzman Zoning Compliance Officer II File: ZCV10-00117 Page 2 of 2 Report ID: CODE000021v002 Print Date-Time: 10/4/2010 11:36:51AM WilDe 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 20, 2010 PRICE LARRY PO BOX 1349 STERLING. CO S075I Zoning Violation Case:ZCV10-00117 Situs Address: 0 WELD Legal Description: 2598 L5 TO 7-15-16 BLK8 1ST ADD BUCKINGHAM L 3-4, BLK 8, 15T ADD BUCKINGHAM Dear Price Larry: 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: The storage of large (commercial type) quantities of mulched/chipped wood is not an allowed use without a Use by Special Review (USR) permit. Please contact me within five working days of the date of this letter to review these concerns with me. 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. Sincerely, ly l Pb� P J �C�"1 Bethany Salzman Zoning Compliance Officer II File: ZCV10-00117 Page 1 of 1 Report ID: CODE000022v002 Print Date-Time: 9/17/2010 12:03:26PM Identify Results Page 1 of I WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0539486 Parcel#: 053933111006 Tax Area: 1102 Bordering County: Acres: 0.5624 Township Range Section Quart.Sec, Subdivison Name Blotk# Lot# 08 - 59 - 33 - 1 BUCKINGHAM 1ST ADD - 8 - 5 Owners Name & Address: Property Address: PRICE LARRY Street: ,. , P O BOX 1349 City: STERLING, CO 80751 Business/Complex: Sales Summary (/r Sale Date Sale Price Deed Type eceotion # 50 Legal Description 2598 L5 TO 7-15-16 BLK8 1ST ADD BUCKINGHAM Land_Valuation_Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 0100 Site Land Subtotal: $500 $150 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=05393... 9/17/2010 Identify Results Page 1 of I WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0539586 Parcel#: 053933111007 .. _. .. .... . -._. ... - .. W_ , .W . .. _. . . .. . ... .. . Tax Area: 1102 Bordering County: Acres: 0.16 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 08 - 59- 33 - 1 BUCKINGHAM 1ST ADD - 8 - 3 Owners Name&Address: Property Address: PRICE LARRY Street: P O BOX 1349 City: STERLING, CO 80751 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description 2593 L3-4 BLK8 1ST ADD BUCKINGHAM Land Valuation Summary Land T Unit of Number of Assessed ype Abst Code Measure Units Actual Value Value Residential 0100 Site Land Subtotal: $200 $60 No Buildings on Parcel http://maps2.menick.com/Website/W eld/setSgl.asp?emd=QUERY&DET=PP&pin=05393... 9/17/2010 f 911 ill lit II I 03IIIII IIIIII!IIUIu nIII IIIII Ell Qr�1 of 1 R 6.00 D 0.00 Steve Moreno Clerk 6 Recorder QUITCLAIM DEED Tuts DEED,made this/p to day or4r y v5/ aCC2S . between i,, 10 is se�N,sF�/•>Ys of the e'rede!/(/k//��*County of �e,ld and Stale of Colorado.Fantods).alb tan/ • Ao,n,1 PIYGG .1 P.0130,, /3 N9l whose legal ♦address is 9//0 • erne.✓Y-racy • ortbe ea Oflf/deny of 2p�f�n and State of Colorado,grantegs). 9075/ v WITNESS,that Ihegmrltoets),for and in consideration of the sum of • DOLLARS. the receipt and sufficiency of which is hereby acknowledged,ha remised,released,sold and QUITCLAIMED.and by these presents do eanise,release,sell and QUITCLAIM untotbe grantee(s), heirs,successors and assigns forever,all the right,title,interest,claim and demand which the grantor(s)ha in and to the real property,together with improvements,irony, situate,lying and Wing in the County of and State of Colorado, described as follown Lots land 2 in Block 8,First Addition to the Town of Buckingham,according to the recorded map or plat thereof Lots 3 and 4 Block 8,First Addition to Buckingham,Colorado. • Lots 5 to 7-15-16 Block 8 Ire Add Buckingham • • • also known by stmt and number as: • assessor's schedule or parcel number. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging.or in anywise thereunto appertaining,and all the estate.right,title,interest and claim whatsoever of the grantor(s),either in law or equity,to the only proper use,benefit and behoof of the gramee(s) heirs and assigns forever. IN WITNESS WHEREOTt the grantor(s)ha executed this deed on the dale set forth above. 9t/4f yti, (nev'c . 740....4-7 STATE OF COLORADO „.41.1)4. County was the r The forego( instrument acknowledged before me this / day of 49 p er _i$TINE vsa,• . Witness my hand and nfacial 1, 4ss5 My commission expires:Z l C O i* C 1st i •ram DernPoes Darer. ; ell 0 Cr i - - Parry Pubic sss ST PJ LCY Nomad Addressor Pen=Otter baN3 Claw tarl Daelosia 03a0Ytos.s,Cat) 4 Tr 0* No.933.Rev.4-90. 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