HomeMy WebLinkAbout20111150 RESOLUTION
RE: ACTION OF THE BOARD CONCERNING ZCV #1100031 AGAINST LUIS LARA 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, Luis Lara, ZCV #1100031, are 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 10th day of May, 2011, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, at the request of Planning staff, 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#1100031 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 10th day of May, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: j•, Ell.,f. EXCUSED
'E %:arbara Kirkmeyer, Chair
Weld County Clerk to the r-�� (' . $'i
ps.v J.ean P. •n -y, Pro-Tem
Deputy Clerk to the Boar.
Will' F. Garcia
AP D ORM: ''\ I `tl
David h. Lon /
County Attorney pu Ic.9 c2sit /6
Douglat Rademach r
Date of signature: 69/"'7//
2011-1150
pL v PL0824
Liz -l3
WI`k
COLO ° Planning Department
ZONING VIOLATION CASE SUMMARY
Violation Number: ZCV11-00031 Compliance Officer: Bethany Salzman
PRIMARY OWNER: Situs Address: 954 S DENVER AV
LARA LUIS
Mailing Address: 52 N 10 AV
BRIGHTON, CO 80601
PARCEL:
147108200034-R6215586 Acreage: 0.52
Legal Description: 15835-B PT NW4 8 1 66 BEG N1614.69' FROM SW COR CONT N64' S89D45'E 365' S64'
N89D45'W 365'TO BEG
LOCATION:
Location: East of and adjacent to South Denver Av(aka: CR 27) and North of and adjacent to CR 10.5
**Within Fort Lupton IGA" R-1 (Residential) Zone District
North: Fort Lupton Municipal Boundaries
South: Schmidt's Estates and approximately 1/2 mile North of Fort Lupton Municipal Boundaries
East: Fort Lupton Municipal Boundaries
West: R-2 Zoned District and Fort Lupton Municipal Boundaries
NOTIFICATION INFORMATION:
Certified Date 04/27/2011
Certified Reference Number 7010 1870 0000 4773 9448
Certified Date receipt: 05/03/2011
VIOLATION DESCRIPTION:
Chapter 23, Article 111(3), Division 2 Residential Zone Districts
23-3-110 R-1 (Low-Density Residential)Zone District.
23-3-110.B Uses Allowed by Right.
23-3-110.C Accessory Uses.
23-3-110.D Uses by Special Review.
VIOLATION REMEDY:
As I indicated in my initial letter, the operation and/or storage of a commercial trucking business is not an
allowed use within the R-1 (Residential)Zone District.
Additionally, the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES and
miscellaneous debris is not an allowed use in the R-1 (Residential) Zone District. The Noncommercial Junkyard
shall be removed as Screening is not an allowed option in the Residential Zone Districts.
RECOMMENDATION:
The Department of Planning Services recommends this case be forwarded to the County
Attorney's Office for immediate legal action.
Elk
°OLO ° Planning Department
ZONING VIOLATION CASE SUMMARY
WORKFLOW SUMMARY:
Case Initiation 03/21/2011 Initiated
Violation 03/21/2011 5 Day Letter
Violation 03/28/2011 Violation Notice
Violation 04/26/2011 Hearing Notification
OTHER CASE HISTORY:
04/01/2011 Telephone call Luis Lara(720-404-1623) called. He said he had received a letter
from me and was calling in about it. He said he has some
commercial vehicles, but there are some other violations in the area.
I explained that I am dealing with several open cases in his area, but
I have received at least 3 separate complaints about his property
alone. He said he has a semi cab that he bought for parts. He said
he has a boom truck that he owns, but he doesn't use it right now. I
said ALL commercial vehicles need to be removed. I explained that
his property is zoned Residential, this isn't a use that is allowed at
all. He said I will clean it, but can I change it to commercial. I told
him he would need to come in to speak with one of our planners to
see if this would even be eligible for re-zoning.
04/25/2011 Phone call Luis Lara (720-404-1623) called again. He said he found a property
in Commerce City that he is renting for his vehicles. He said he
needs a little more time. I explained that I was scheduling him into
the May 10, 2011 Violation Hearings; however, if the property was
brought into compliance by May 9, 2011, the hearing would be
cancelled. He said he would be able to make that deadline.
05/03/2011 Certified Receipt Certified Receipt received—signed.
INSPECTION SUMMARY:
Zoning Code Inspection 03/22/2011 Noncompliance Bethany Salzman
Inspection Result Comment Upon a visual inspection of the property, the following items were noted: several
commercial vehicles, Noncommercial Junkyard consisting of Derelict Vehicles,
wood and miscellaneous debris. See pictures dated 03/22/2011
DEPARTMEt, OF PLANNING SERVICES
Zoning Compliance Division lit4ctri;.\\ 1555 North 17th Avenue
Gre
eley, Colorado 80631
WEBSITE: www.co.weld.co.us
' E-MAIL: bsalzman@co.weld.co.us
C PHONE: 970-353-6100 X 3555
FAX: 9703046498
COLORADO
April 27, 2011
LARA LUIS
52 N 10 AV
BRIGHTON,CO 80601
Zoning Violation Case: ZCV11-00031
Situs Address: 954 S DENVER AV
Legal Description: 15835-B PT NW4 8 1 66 BEG N1614.69' FROM SW COR CONT N64'S89D45'E 365'
S64'N89D45'W 365'TO BEG
Dear Lara Luis:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on
ti05/1012011:'at 10:D0/AM
The above mentioned property remains in violation of the following Section(s)of the Weld County Code:
Chapter 23,Article 111(3), Division 2 Residential Zone Districts
23-3-110 R-1 (Low-Density Residential)Zone District.
23-3-110.B Uses Allowed by Right.
23-3-110.C Accessory Uses.
23-3-110.D Uses by Special Review.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter, the operation and/or storage of a commercial trucking
business is not an allowed use within the R-1 (Residential)Zone District.
Additionally, the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT
VEHICLES and miscellaneous debris is not an allowed use in the R-1 (Residential)Zone
District. The Noncommercial Junkyard shall be removed as Screening is not an allowed
option in the Residential Zone Districts.
Page 1 of 2
Report ID: CODE000023v002
DEPARTMEty. OF PLANNING SERVICES
(liktel;:,) Zoning Compliance Division
1555 North 1 Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
VII
ig E-MAIL: bsalzman@co.weld.co.us
CFAO 970-304-6498970-353-6100 X 3555
FX: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.
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Bethany Salzman -� t?a cc o @ co
Zoning Compliance Officer II Y a O ❑ ❑ ❑ S
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Page 2 of 2
Report ID: CODE000023v002
DEPARTMEIF PLANNING SERVICES
619.71;;;\\(fm\
Zoning Compliance Division
1555 North th Avenue
Gr
Greeley, Colotorado 80631
WEBSITE: www.co.weld.co.us
If
' E-MAIL: bsalzman@co.weld.co.us
C
FAX: 970-304-6498-6 100 X 3555
COLORADO
March 28,2011
LARA LUIS
52N 10 AV
BRIGHTON,CO 80601
Zoning Violation Case: ZCV11-00031
Legal Description: 15835-B PT NW4 8 1 66 BEG N1614.69' FROM SW COR CONT N64'S89D45'E 365'
S64'N89D45'W 365'TO BEG
Situs Address: 754 S DENVER AV
Dear Lara Luis:
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 2 Residential Zone Districts
23-3-110 R-1 (Low-Density Residential)Zone District.
23-3-110.6 Uses Allowed by Right.
23-3-110.C Accessory Uses.
23-3-110.D Uses by Special Review.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter, the operation and/or storage of a commercial trucking
business is not an allowed use within the R-1 (Residential)Zone District.
Additionally,the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT
VEHICLES and miscellaneous debris is not an allowed use in the R-1 (Residential)Zone
District. The Noncommercial Junkyard shall be removed as Screening is not an allowed
option in the Residential Zone Districts.
Page 1 of 2
Report ID: CODE000021v002 Print Date-Time: 3/28/2011 12:25:35PM
(t DEPARTME OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Gre
eley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
C FAX: 9PHONE:7 0-304-
498100 X 3555
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
04/29/2011
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,
thany Sal an
Zoning Compliance Officer II
File: ZCV11-00031
Page 2 of 2
Report ID: CODE000021v002 Print Date-Time: 3/28/2011 12:25:35PM
( t‘ DEPARTMEF PLANNING SERVICES
ra 6 Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
' E-MAIL: bsalzman@co.weld.co.us
C PHONE: 970-353-6100 X 3555
FAX: 970-304-6 98
COLORADO
March 21, 2011
LARA LUIS
52N 10AV
BRIGHTON,CO 80601
Zoning Violation Case: ZCV11-00031
Situs Address: 754 S DENVER AV
Legal Description: 15835-B PT NW4 8 1 66 BEG N1614.69' FROM SW COR CONT N64' S89D45'E 365'
S64' N89D45'W 365'TO BEG
Dear Lara Luis:
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 operation and/or storage of a commercial trucking business is not an allowed use within
the R-1 (Residential)Zone District.
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,
ethany Salzm
Zoning Compliance Officer II
File: ZCV11-00031
Page 1 of 1
Report ID: CODE000022v003 Print Date-Time: 3/21/2011 8:47:02AM
Identify Results Page 1 of 2
rect" raw)
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R6214486 Parcel#: 147108200019
Tax Area: 3686 Bordering County:
Acres: 1
Township Range Section Ouart.Sec. Subdivison Name Block# Lot#
01 -66 -08 - 2 - -
Owners Name&Address: Property Address:
LARA LUIS Street: 974 S DENVER AV WELD
52 NORTH 10 AVENUE City:WELD
BRIGHTON, CO 80601
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
12/15/2010 $52,000 WD 3739268
Legal Description
15826 PT SW4NW4 8 1 66 BEG 130'N OF SW COR NW4 N100' E435'S100'W435'TO PT OF BEG (TR 20)
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Acres 1
Land Subtotal: 1 $80,000 $6,370
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
Improvements Subtotal: $92,371 $7,350
Total Property Value $172,371 $13,720
Building Details
Account#: R6214486 Parcel#: 147108200019
Owners Name&Address: Property Address:
LARA LUIS Street: 974 S DENVER AV WELD
52 NORTH 10 AVENUE City: WELD
BRIGHTON, CO 80601
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 1923
Exterior: Frame Hardboard HVAC: Floor/Wall Furnace
http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14710... 3/21/2011
Identify Results Page 2 of 2
Interior Finish: Plaster Built As SQ Ft: 1394
#of Baths: 1 Roof Type:
#of Bdrms: 0 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: 0 Detached SQ Ft: 0
Basement:
Total SQ Ft: 572 Finished SQ Ft: 0
http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14710... 3/21/2011
eRecorded in Weld Cp>a /,CO Doc Id:3739268
12/15/2010 04:40 P
Page:1 of 1 Total Fee:$16.20
Steve Moreno, Clerk and Recorder
SPECIAL WARRANTY DEED
The Dad.made De«mber IS.2010
Between Kevin Swiek.of the Cooney(-tlers het y State of Kama.paw(q and
Luis Lora,•Tenant to Severalty,whose legal addraa is
52 North 10th Avenue,Brighten,CO 50691 County of Weld,end Stele of COLORADO.pama(s)
WITNESSETH, Thal the gwntot(s), for and in the onddnatiun of the cm of FIFTY-TWO
THOUSAND AND 00/110 DOLLARS Dollars ($52000.00)the eaeipe and sufficiency of which is
had"eanowkdpd,has gamed,bandne4 old ad conveyed,and by tine passim does pant,Lap*sell
convey and coofnrn.unto the eratteD),his heirs and aggro forever,all die eat aopary together with
impionmants.if any,enure.lying and bang in the County of Weld,Sae of COLORADO dravhd en follows
That Ian of the Southwest Qatar of the Nonhwest Quana(SW1/4 NW 1N)of Sauna Eight(5).Township One
(I)Nontlt,of Rage Slay-dx 0561 West of the Sixth le)PM,WMM Counny.Cakmsd.doalted as follows.to
wit
Bataan;pepsin 130 fm North of the Southwest quarter oft the Nmthwal Diana 1SW IN NW IM)of said
Section Eight(6),Thence North 100 lea cognacs thence East 435 feet papal=thence South 100 fea to
polar;thence West 435 that toe point at S poke ofbepnms,
County of Weld,Sato of Colorado.
also known by street and numba as 974 South Denver Avenue,FL Lupton,CO 80621
TOGETHER with all and singular beeediaencnn and sppanmmca.thereunto belonging.or in anywise
gonerllaby,and the reversion and remakes,eaabda and temakdas.sans Issues and profits thereof,and all
the Mites ride.,lido,aennea,claim and denied whatsoever of the gnats,Sher in law a equity,of,In and to
the above bargained Imnniws,with the haedeamenu end appmtmeea.
TO RAVE AND TO HOLD said peemles above barplced and described,with the appunemrcas,
unto the patina,their bars end assign forever.The granmgs),for thmaeMs,theb heirs end personal
repeeaaiva or soaason,does c aceaa and agree diet day shall and will WARRANT AND FOREVER
DEFEND the stove-betpined ptwutesa n the quiet and peaceable poemdon of the paae(s).Sir belts and
assigns.against ell AM every person or pawns alining the whale or any pot dated by,through or under the
pote.(s).
The singular number dolt Wade the phut),the pmnl the singular.and the on of any gender stall be
applicable to al geahn
IN WITNESS WHEREOF,Spanker has masted thl on d adak set forth above.
SELLER:Swiek `^/' 'r^/,
c-?Ot :
}Levin S v
STATE OF Kansas / lac
COUNTY OF(Dwl ed1
The foregoing instrument was acknowledged before me December 15.201100 by Kevin Svlck. p(��
Wimeu my had sod official teal GdL(laid L . foe eca.
NOW]Public '7
My Commission capita: 7-2.5.-70 •
WDTRIMARK ESCROW NO.s59-NW9g7155-0811-R1.9
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