HomeMy WebLinkAbout20110114.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING ZCV #1000163 AGAINST MARTIN AND
BERTA GUTIERREZ 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, Martin and Berta Gutierrez, ZCV #1000163, 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 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, Martin Gutierrez, 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#1000163 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
WE COUNTY, COL RADO
• 1
ATTEST: • r9 ft
fifgJ r ara Kirkmeyer, Chair
Weld County Clerk to the r(i4 Lt "t9m;. — p
/L, • ; P4 y` Sean P. Pro-Tem
BY: iti f `' LI
Deputy Clerk to the Boar d ':,' / °
\Ai rm F. Garcia
APP A RM: ! c•Nik Coi<0
David E. Long
ounty Atto ney EXCUSED
Douglas Rademacher
cyr,
Date of signature:
CC . PL, v,' col .
II 2011-0114
PL0824
Planning Department
ZONING VIOLATION CASE SUMMARY
Violation Number: ZCV10-00163 Compliance Officer: Bethany Salzman
PRIMARY OWNER: Situs Address: 7717 CR 31
GUTIERREZ MARTIN & BERTA A
Mailing Address: 7717 CR 31
FORT LUPTON, CO 80621-4036
PARCEL:
130928100059-R2202903 Acreage: 48.86
Legal Description: PT E2 28-2-66 LOT B REC EXEMPT RE-3375 EXC OG&M (13.50D)
LOCATION:
Location: Approximately 1/4 mile South of CR 18 and West of and adjacent to CR 31
North: Agriculturally Zoned properties
South: Agriculturally Zoned properties and approximately 1/2 mile North of Fort Lupton Municipal boundaries
East: West of and adjacent to Aristocrat Ranchettes Subdivision
West: Agriculturally Zoned properties and approximately 1/2 mile East of Fort Lupton Municipal boundaries
NOTIFICATION INFORMATION:
Certified Date 12/22/2010
Certified Reference Number 7008 3230 0000 0473 3011
Certified Receipt Date 12/28/2010
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
23-3-40.6 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.
23-3-40.8.17 Rodeo Arenas, Commercial
23-3-40.B.18 Roping Arenas, to include both indoor and outdoor arenas, commercial.
VIOLATION REMEDY:
A Use by Special Review(USR) application shall be completed and submitted to this office or no future events
shall be conducted on this property without a Use by Special Review(USR) permit. If the intent is no future
events, please submit a letter stating no future events will be conducted.
RECOMMENDATION:
The Department of Planning Services recommends this case be forwarded to the County
Attorney's Office for immediate legal action.
tires
Vine
Planning Department
ZONING VIOLATION CASE SUMMARY
WORKFLOW SUMMARY:
Case Initiation 12/21/2010 Initiated
Violation 12/21/2010 Hearing Notification
OTHER CASE HISTORY:
12/04/2010 Phone call Deputy Jeremy Frey called and left a voice mail indicating that they
had received a phone call through dispatch regarding an illegal rodeo.
He said he guessed there to be somewhere between 150-175
people.
12/09/2010 E-mail sent From: Bethany Salzman
Sent: Thursday, December 09, 2010 4:43 PM
To: Jeremy Frey
Subject: 7717 CR 31
I left you a voice mail as well. The operation of a horse racing event
is a zoning Violation. I will be scheduling this property into January
11, 2011 Violation Hearings. Please include in your report to forward
a copy of your report to my office. THANK-YOUIIIIIIII
12/13/2010 E-mail received From: Jeremy Frey
Sent: Monday, December 13, 2010 8:48 AM
To: Bethany Salzman
Subject: RE: 7717 CR 31
Bethany,
I did not do a report for this. Do you need me to type something up?
What can I do to help?
Jeremy
12/28/2010 Telephone call Joe Gutierrez called. He said he received a letter which said he
needed to attend a hearing on 1/1/11 (which is a Saturday). I looked
up his case and apologized. I said I left out a 1 -it should be
1/11/11. He said that is what his wife told him she thought. He said
he was unsure of why the hearing was scheduled. I explained that
Dep Frey had indicated. He said he understood and would be
present at the hearing to present his side of what occurred. When I
explained that Dep Frey counted 150-175 people. He said that was
not correct, he had 75 people and 48 vehicles. Even at these
numbers, this would be considered a violation of 30 trips in/30 trips
out as an inferred maximum (based upon 23-3-40.6.10). He said he
would be at the hearing on the 11th.
12/28/2010 Certified receipt Certified Receipt received -signed.
4"`1
DEPARTMENT OF PLANNING SERVICES
Kit ‘i;•.:5„.\\\ Zoning Compliance Division
1555 North 17th Avenue
Gre
eley, Colorado 80631
WEBSITE: www.co.weld.co.us
111 D I E-MAIL: bsalzman@co.weld.co.us
C PHONE: 3 100 X 3555
FAX: 970-304-6498
COLORADO
December 21, 2010
GUTIERREZ MARTIN &BERTA A
7717 CR 31
FORT LUPTON, CO 80621-4036
Zoning Violation Case: ZCV10-00163
Situs Address: 7717 CR 31
Legal Description: PT E2 28-2-66 LOT B REC EXEMPT RE-3375 EXC OG&M (13.50D)
Dear Gutierrez Martin & Berta A:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on
5101101/2011 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
23-3-40.8 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.B.17 Rodeo Arenas, Commercial
23-3-40.B.18 Roping Arenas, to include both indoor and outdoor arenas, commercial.
To bring your property into compliance with the Weld County Code:
A Use by Special Review(USR) application shall be completed and submitted to this office or
no future events shall be conducted on this property without a Use by Special Review(USR)
permit. If the intent is no future events, please submit a letter stating no future events will be
conducted.
Page 1 of 2
Report ID: CODE000023v002 Print Date-Time: 12/21/2010 4:36:18PM
DEPARTMEN i OF PLANNING SERVICES
Zoning Compliance Division(//ict 1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
WI
ID
E-MAIL: bsalzman@co.weld.co.us
CFAX:::PHON970-304-6496100 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 have been 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.
g H
0
Sincerely, m a e o
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Page 2 of 2
Report ID: CODE000023v002 Print Date-Time: 12/21/2010 4:36:18PM
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R2202903 Parcel#: 130928100059
Tax Area: 2240 Bordering County fl < '\
Acres. 36.19 � IL)' L,�A (-) 3
Townshio Range Section Quart. Sec. Subdivisan Name�locTc _l:ati `�/
02 - 66 - 28 - I - -
Owners Name & Address: Property Address:
GUTIERREZ MARTIN Street: 7717 31 CR
7717 CR 31 City: WELD
FORT LUPTON, CO 80621-4036
Additional Owners:
GUTIERREZ BERTA A
Business/Complex:
Sales Summary
S-a Ie_Date Sale Price Deed Type Reception #
$0
Legal Description
PT E2 28-2-66 LOT B REC EXEMPT RE-3375 EXC OG&M (13.50D)
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Agricultural 4117 Acres 10
Agricultural 4117 Acres 26.19
Land Subtotal: 36.19 $13,775 $3,990
Buildings Valuation Summary
Bldg# Property Type Assessed
9 P Y Actual Value Value
1 Out Building
2 Residential
Improvements Subtotal: $178,819 $20,080
Total Property Value $192,594 $24,070
Building Details
Account#: R2202903 Parcel#: 130928100059
Owners Name &Address: Property Address:
GUTIERREZ MARTIN Street: 7717 31 CR
7717 CR 31 City: WELD
FORT LUPTON, CO 80621-4036
Building# Prooerty Type
1 Out Building
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1309... 12/21/2010
Identify Results Page 2 of 2
Individual Built As Detail
Built As: Stable Year Built: 2000
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1596
#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#: R2202903 Parcel#: 130928100059
Owners Name&Address: Property Address:
GUTIERREZ MARTIN Street: 7717 31 CR
7717 CR 31 City: WELD
FORT LUPTON, CO 80621-4036
Building* Property Tvoe
2 Residential
Individual Built As Detail
Built As: Modular Year Built: 2000
Exterior: Frame Stucco HVAC: Central Air to Air
Interior Finish: Drywall Built As SQ Ft: 1980
#of Baths: 2 Roof Type:
#of Bdrms: 3 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: 0 Units: 0
Garage•
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
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Identify Results Page 1 of 1
Mobile Home Valuation
Account#: M6775973 Parcel#: 130928100059
Owners Name&Address: Property Address:
GUTIERREZ MARTIN Street: 7717 31 CR FORT LUPTON
7717 COUNTY RD 31 City: FORT LUPTON
FORT LUPTON, CO 80621
Additional Owners:
GUTIERREZ BERTHA A
Business/Complex:
Lepal Description
IMPS ONLY MH PT E2 28-2-66 LOT B REC EXEMPT RE-3375
Land Value $0 Land Assessed Value $0
Impr.Value $22,555 Impr. Assessed Value $1,800
Total Value $22,555 Total Assessed Value $1,800
Tax Area: Bordering County:
Township Range Section Quart.Sec. Subdivison Name Block*Lot#
02 -66- 28 - 1 --
Acres:
Sq.Ft.:
Sale Price Sale Date Deed Type Reception#
$47,600 1/7/2009 MHTL 3598392
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Identify Results Page 1 of 1
fa' fire)
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R2202803 Parcel#: 130928100058
Tax Area: 2240 Bordering County:
Acres: 10
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
02 -66 -28 - 1 - -
Owners Name&Address: Property Address:
GUTIERREZ MARTIN Street: 7717 31 CR
7717 CR 31 City: WELD
FORT LUPTON, CO 80621-4036
Additional Owners:
GUTIERREZ BERTA A
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
$0
Legal Description
PT E2 28-2-66 LOT A REC EXEMPT RE-3375 EXC OG&M
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Agricultural 4117 Acres 7.5
Agricultural 4117 Acres 2.5
Land Subtotal: 10 $3,109 $900
No Buildings on Parcel
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1309... 12/21/2010
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1111111111111111(1 III II EE 1111111111 III 11111 IIII IIII
2888831 04/07/1999 04:47P Weld County CO
1 of 1 R 8.00 D 12.00 JA Suitt Tsukamto
Cn31 WARRANTY DEED
THIS DEED, Made this 2nd day of April, 1999 between
Ronald G. Jensen and John H. Nelby
of the County of Weld and
State of Colorado, grantor, and
Martin Gutierrez and Berta A. Gutierrez
whose legal address is 4018 RCA 29, Fort Lupton, Colorado 80621
of the County of Weld and State of Colorado, grantees:
WITNESS that the grantor for and in consideration of the sum of ONE HUNDRED TWENTY
THOUSAND AND 00/100, (6120,000.00) 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 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 Stets at Calvrada, described-as follows:
Tract B of Recorded Exemption No. 1309-2-1-RE177, recorded May 13, 1975 in Book 738 as
Reception No. 1660263, being a part of the E1/2 of Section 28, Township 2 North, Range
66 Went of the 6th P.N., County of Weld, State pf Colorado.
INCLUDING: the access easement acquired TrcxnPublic Service Company of Colorado
by document recoreded February 18, 1999 at Reception No. 2674172.
E_ . 100 known by dstreet4#and number as TED, Fort Lupton, Colorado 80621
TOGETHER with all and singular the hereditament' and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and ions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and defend whatsoever of the grantor, either in law or equity, of, in
and to the above bargained premises, with the hereditafents and appurtenances.
T TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantees, their heirs and assigns forever. And the grantor,
0 for himself, his heirs and personal rap tetives, does covenant, grant, bargain,
0 and agree to and with the grantees, their heirs and assigns, that at the time of the
e-
(Y conveyed, has good,and sure perfect,e absolute end he- ie ndefeasible estatxed-of thee offs 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 of id, and that the same are
free and clear from all former and other grants, bargains, sales, liens, taxes,
meats, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 1999 and subsequent yearn; except easements, restrictions,
covenants, conditions, reservations and rights-of way of record, Lf any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable po ion 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„and the use
of any gender shall be applicable to all genders. ,
IN WITNESS WHEREOF the grantor has executed this dead 9sf t date s f forth above.
.moo Id G. / ,.//(may///�
¢D/man
Jahn H. elby
,..-
STATE OF COLORADO )
as. The foregoing instrument was acknowledged before
County of Weld ) me this 2nd day of April, 1999
by Ronald G. Jensen and John N. Nelby
Witness my hand and official seal.
My commission expires 10-17-2002
r--.‘0:1../1/9%‘` , /
i
1 MELINDA '•. ��; NOTARY PUBLIC
' ( RAESSLER i $ 15 South 4th Avenue
No. 921A. Rev. 3-8, i,\ ,�44' Brighton, COLORADO 80601
li it.l i' tEQf C0.'''Qlr
1111111111111111111111111IIIIIIIIf' 11111111111111111 '` °`
2888833 04/07/1808 04:48P Weld Canty CO
1 of 3 R 18.00 D 0,00 JA Sukl Taukanoto
L^33 QUIT CLAIM DEED
THIS DEED, Made this 5th day of April, 1999 between
John H. Selby and Ronald G. Jensen
of the County of Jefferson and State of Colorado, grantor,and
Martin Gutierrez and Berta A. Gutierrez
whose legal address is 4018 NCR 29, Fort Lupton, CO 80621
of the County of weld and State of Colorado, grantees:
wiTNESSETE, That the grantor(s) for and in consideration of the sum of ONE AND
00/100, ($1.00) Dollars, the receipt and sufficiency of which is hereby acknowledged,
has remised, released, sold and QUIT CLAIMED, end by these presents does raise,
release, sell and QUIT CLAIM unto the grantees , their heirs, successors and assigns
forays r, not in tenancy in common, but in joint tenancy, all right, title, interest,
claim and demand which the grantor has in and to 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
THIS CONVEYANCE IS FADE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
also known by street and number an TED, Fort Lupton, Colorado 80621
TO HAVE AHD TO HOLD the sae, together with all and singular appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the
estate, right, title, interest and claim whatsoever, of the grantor, either in law or
equity, to the only proper use, benefit and behead of the grantees, their heirs and
assigns forever. The singular number shall include the plural, the plural the
singular, end the use of any gender shall be a icable to all gen ors.
IN WITNESS WHEREOF, the grantor executed; i deed o t d set forth above.
I V� �/
"-i�(( / ire
J7ohn.ii:-!: r
//�� pp Rona d G. ns
STATE OF CL>L� yta .C )
se. The foregoing instrument was acknowledged before
County of Weld ) me this 5th day of April, 1999,
by John H. Selby and Ronald G. Jensen
Witness my hand and official seal.
My commission expires 10-17-2002
a' ° -2Q-131-
MELINDA 1 NOTARY PUBLIC
I BAESSLER 15 South 4th Avenue
No.962. Rev. 5-84 Wes:, .4.44 Brighton, COLORADO 80601
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EXHIBIT A
•
PARCEL 01:
Tract "B" of Recorded Exemption No. 1309-2-1-RE .L77, as per the
map riled May 13, 1975, in Book 738, under Reception No. 1660263,
being a part of the East one-half (E/2) of Section 20,
Township 2 North, Rnnge 66 West of the 6th P.M. , County of. Weld,
State of Colorado, together with an undivided one-hair interest
in and to a strip of land twenty feet (20') wide and one thousand
three hundred fifty feet (1350' ) long off of the East. side of
the Southeast quarter of the Southwest quarter (SF:/4 SW/4) of
Section 28, Township 2 North, Range 66 West of the 6th P.N. ,
t County of Weld, Stale of Colorado.
PARCEL 12:
A right of way for ingress and egress over and across a strip
of land twenty feet (20') wide off the West side of that certain
parcel of land described in Warranty Deed from Ernest Glover
and Daisy May Glover to Eugene G. Glover recorded May 311,
1974 in Book 716, under Reception No. 1637550 or the records
of the Weld County Clerk and Recorder's office, being a portion
of land located in Section 28, Township 2 North, ;range 66 West
of the 6th P.M. , County of Weld, State of CoLurado.
PARCEL 83:
A right of way or ingress and egress over and across a portion of
Section 20, Township 2 North, Range 66 West of the 6th P.M. , County
or Weld, State of Colorado, described as follows: Beginning al.
the Northwest corner of a tract of land conveyed in that Warranty
Deed from Ernest Glover and Daley May Glover to Eugene G. Glover
recorded May 30, 1974 in Book 716, under Reception No. 1637550 of
' Weld County Records; thence East 20 feet (20') along the Matti: line
of above tract of land to a point; thence North parallel to the
West line of the North half (N/2) of the Southeast quarter (SE/4)
of Section 28, Township 2 North, Range 66 West of the 6th P. M. ,
County or Weld, State of Colorado, to a point on the North ritlht
of way line of the Fulton Ditch; thence West along said Fulton
Ditch right of way line to the West line of said North half (N/2)
of the Southeast quarter (SE/4) of Section 28; thence South along
said West boundary line of said North half (N/2) of the Southeast
quarter (SE/4) of Section 28 to the Point of Beginning.
111111111111111111111111111111111111111 Iiii IIII ,�l{ it
2883833 04/07/1999 04:48P Wald County CO
2 of 3 R 18.00 D 0.00 JR Sukl Tsukamoto
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An easement notd r.i'yht of way for ingress :tint egress over and ect.oss
9'i.nct "A" of Recorded Exemption No. .1309-2-1-RE 177, fur access to
Tract "li" of Recorded Exemption No. 1309-2-1-11E 1.17, as per map f. iLed
May 13, 1'915, in Nook 738, under Reception lio. 1.6fi1126.1, Weld County
Itecords, being a part of the East one-half (E/21 of Section 20,
Township 2 North, Range 66 West of the 61h P.M. , County of Weld,
Slate oC Colorado.
PARCEL fly:
A petatnnetit non-exclusive right of way for ingress and cytoss uvnr
,
and across the following described land: Ileyi'nint al e poi ml
' twenty feet (20' ) South and twenty (20') (eel. East or the Southwc'nt
corner of the It/2 of SE/4 of Section 28, Township 2 North, Range 66 Wesl.
of. the 6th Y.M. , Weld County, Colorado; thence NOrli; pntal Inl to the
West line of the S/2 of SE/4 of said Section 2U a distance of Iwnnly
reel (20' 1 , inure or less, to the South I ine of I.he 0/2 or SE/4
of said Section 28; thence West along the South line of the N/2 of
::E/4 of said Section 28 a distance of twenty feel. (211' ) mote or loss
t: , the West line of the N/2 of SE/4 of said Section 20; thence South
along the West line of the S/2 of SE/4 of said Section 29 a distance
of twenty feet (20') 1 thence East Parallel to Lhe South line of the
0/2 of SE/4 of said Section 28 a distance of twenty fret (7(11' 1 , more
or less, to the point of beginning. 4171(
7889833 04/07/1988 04;48P Mild County CO
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