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HomeMy WebLinkAbout20111138 RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #1000140 AGAINST ADOLPH TREVINO 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, Adolph Trevino, ZCV #1000140, 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 10th day of March, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Adolph Trevino, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until June 10, 2011, to allow adequate time for the property owner to submit all required documents to the Department of Planning Services for the Use by Special Review permit as well as pay all fees associated with the process. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #1000140 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Adolph Trevino to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until June 10, 2011, to allow adequate time for the property owner to submit all required documents to the Department of Planning Services for the Use by Special Review permit as well as pay all fees associated with the process. PL, V+o k 2011-1138 8 11 PL0824 VIOLATIONS -ZCV#1000140 - TREVINO PAGE 2 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:. ::;. EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk tot ��. -�' =,iO to'. Sean P. Co ay, Pro-Tern BY: . ��� ` /',•�iv1� % �' ��/ Deputy Clerk to the Boar: ►� William . arci APP AS TO F P1M: EXCUSED David E. Long my Attorney ray 2a NtU L Yea Douglas ademacher Date of signature: 2011-1138 PL0824 e,„ lI`Pe Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV10-00140 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 0 CR 39 TREVINO ADOLPH Mailing Address: P O BOX 33 LA SALLE, CO 80645-0033 PARCEL: 105530100026-R7812698 Acreage: 11.26 Legal Description: PT NE4 30-4-65 LOT A REC EXEMPT RE-2341 (.93R) LOCATION: Location: West and adjacent to CR 39 and approximately 1/4 miles South of CR 42 North: Agriculturally zoned properties South: Agriculturally zoned properties East Agriculturally zoned properties West: Agriculturally zoned properties and approximately 3 1/4 miles East of Hwy 85 NOTIFICATION INFORMATION: Certified Date 02/09/2011 Certified Reference Number 7008 3230 0000 0473 3523 Certified Receipt Date 02/16/2011 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.M Parking and operation of one (1)COMMERCIAL VEHICLE on property of less than eighty(80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty(80)acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property.When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. 23-3-40 Uses by special review 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. VIOLATION REMEDY: Please keep in mind the above scheduled Violation Hearing will be cancelled if a Use by Special Review(USR) application is submitted to the Department of Planning Services and deemed complete by staff(thus initiating the application process). As we have previously discussed and was discussed during your Pre-Application meeting on December 3, 2010, while the presence of 1 (one) COMMERCIAL VEHICLE in the Agricultural Zone District,when not situated use Planning Department ZONING VIOLATION CASE SUMMARY within a recorded subdivision or unincorporated townsite is a use by right. The presence of multiple Commercial Vehicles requires a Use by Special Review(USR) permit. Please keep in mind we have Planners available On-Call, Monday- Friday from 7:30 AM -4:30 PM to assist the public with any questions. No appointment is necessary as individuals are seen in the order they sign in. To assist in this process, please bring this letter to the Planner. RECOMMENDATION: The Department of Planning Services recommends this case be forwarded to the County Attorney's Office, but to delay legal action for 30 days to allow Mr. Trevino a little more time to finish composing a complete USR application. WORKFLOW SUMMARY: Case Initiation 11/10/2010 Initiated Violation 11/10/2010 5 Day Letter Violation 11/17/2010 Violation Notice Violation 12/20/2010 Hearing Notification BOCC Hearing 02/09/2011 Rescheduled Violation 02/09/2011 Hearing Notification OTHER CASE HISTORY: 11/16/2010 Phone call Adolf Trevino(970-396-5804) called. He said he received a letter from me. I looked up his case and indicated that the letter was due to commercial operations situated on the property without first obtaining a Use by Special Review(USR) permit. He said he doesn't operate from there, he just stores his vehicles and stuff there. I explained either way it required a USR permit. He asked what he needed to do then. I explained the first step would be a Pre-Application Request meeting. I asked if I included a Pre-Application form with my initial letter. He indicated that only the letter was in the envelope. I told him I would send the Pre-App form along with a 30 day letter tomorrow. We briefly discussed the process, Pre-App meeting, then he can decide how he wanted to proceed. He said maybe he should just move all the vehicles. I said that would be fine. I asked if he had another property that was appropriately zoned that he could move them too. He said he owns a business property in Greeley, but he outgrew the property and he figured he would just move them to this other property he already owned. I said that would be fine, he would just need this USR permit. 12/03/2010 Office visit Pre-Application meeting conducted at the Greeley Planning Office. ***See Documents for meeting notes*** 12/28/2010 Certified receipt Certified Receipt received -signed. 02/09/2011 Office visit Adolph Trevino came into the Greeley Planning Office. He indicated that his mother passed away last month and his daughter is going in for surgery. He asked if he 02/16/2011 Certified receipt Certified Receipt received - signed. 04/05/2011 Phone call Adolph Trevino called. He indicated he could not find any copies of the last letter and wanted to know when the hearing date was. I told him April 12. He said oh good. I was worried it was today and I'm down in Denver. I said no the 12th. He asked how his application Planning Department ZONING VIOLATION CASE SUMMARY was progressing. I told him that Michelle Martin was processing the 7 Day Completeness Review and as soon as the other departments responded to her she would give him a list of any outstanding items. I explained if the outstanding items were submitted prior to the hearing April 12th at 10:00, I would cancel the hearing and ask the Board to refer the case back to our office so we could process the application. He said he has Michelle look at it when he submitted and she told him it looked good. I told him Michelle would let him know as soon as possible if there are any outstanding items. I offered to e-mail him the letter- he said that would be great: tdolphangel@comcast.net 04/05/2011 E-mail sent From: Bethany Salzman Sent: Tuesday, April 05, 2011 8:25 AM To: 'tdolphangel@comcast.net' Subject: 04/12/11 Violation Hearing letter Please see attached -thanks Please feel free to contact me with any questions or concerns. Bethany Bethany Salzman Zoning Compliance Officer II 1555 North 17th Avenue Greeley, CO 80631 Office: (970)353-6100 Ext. 3555 Fax: (970)304-6498 Web: www.co.weld.co.us 04/07/2011 Phone call I called Adolph Trevino(970-396-5804) and left a voice mail explaining all violation hearings have been cancelled due to a funeral and rescheduled to May 10, 2011. 04/07/2011 Phone call Adolph Trevino called right back. I re-explained. He thanked me for letting him know. 04/07/2011 Letter sent Letter sent notifying **Case Continued**to May 10, 2011. r� elf hl T , P' �' r ! ! re- 7 +� �.. .: ,► �#..; frS. a R ,. �, i e er1• .� 1 ia .•A 'yet. '�, .: h 1 t • I i I'? IH - I s 1, - • �� Ns ' r _e i, ,- ,.;- P • _ _ �..r • F '. • e ,I I � .! Id 7rt Y _ tt( 1 'H1.- 1L � • I \.1.7 ,r 4:ergLiiiis:1-- ::_,__,__:1/4.3. At 3 L ii• r )� , r t .,...ii,... a ,... . . .... .).:..,. . ,, ..„ _, ...,,•__ _ , \ . . .. *en 41.1*.C . , tt,:r • �� r .. n gel r , WELD COUNTY COMPLETENESS REVIEW REVIEW DATE: 4/08/11 TYPE OF APPLICATION: USR LEGAL DESCRIPTION: Lot A of RE-2341 being Pt. NE4 being part of Section 30, T4N, R64W COMPANY NAME/REPRESENTATIVE/OWNER: Adolph and John Trevino PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even maior ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Michelle Martin at 970-353-6100 extension 3540, or email at mmartin(o.co.weld.co.us REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of Planning Services. Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre-application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. REVIEW STAFF: Planning: Michelle Martin— mmartineico.weld.co.us - 970-353-6100 x 3540 Public Works: Heidi Hanson — hhansonCa.co.weld.co.us-970-304-9496 x3745 Public Health: Lauren Light—IlightAco.weld.co.us co.weld.co.us—970-304-6415 x2211 Building Inspection: Ken Swanson— kswanson(cilco.weld.co.us —970-353-6100 x 3540 PLANNING COMMENTS The Department of Planning Services has reviewed the 7-Day Completeness Review and has the following comments. 1. The application page needs original signatures for both Adolph and John Trevino. 2. Application fee of$2,500.00 and investigation fee of$1,250.00 3. Affidavit and certified names, addresses and the corresponding parcel number of all the properties located with 500 feet signed within 30 days of submitting a complete application. 4. Certificate of Conveyances signed within 30 days of submitting a complete application Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 WELD COUNTY 5. The questionnaire needs to go into more detail regarding the proposed use on the property, hours of operation (days of the week), employees vs. people coming to the site, the existing and future number of vehicles to be stored on site, and the type of equipment and vehicles stored on site. PUBLIC WORKS COMMENTS I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: > Site Plan—Submitted > Traffic Study — Not Required — How many of each "tractor-trailer rigs, trailers and dump trucks" will be parked on site? Please provide an estimate of how many trips these vehicles will make to and from the site. > Preliminary Drainage Report — Not Required — A Water Qualify Depression is required. The depression should be 1-2 feet deep and be located downstream of the parking area(s). An existing on-site low point where water ponds can be used for the depression. The calculations to find the required size of the Water Quality Area are attached. If you need help with sizing the depression please contact Heidi Hansen at 970- 304-6496 x3750 ➢ Geotechnical Report—Not Required ➢ Flood Hazard Development Standards—Not in a FEMA Floodplain This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Public Works does not have adequate information to review this submittal. Please provide the additional traffic and drainage information requested above. HEALTH DEPARTMENT COMMENTS If this is a seasonal use as the application states, for onion trucks, than portable toilets are acceptable. It appears there are no employees however the application states that 5 people will use the site. If drivers are coming and going to the site on a year round basis than permanent water and sewer is required according to EH policy. K. Use of Portable Toilets Purpose: To define when Portable Toilets may be used in lieu of a vault or septic system. Policy: Portable toilets may be utilized on sites for temporary and seasonal use for up to six months as part of the Temporary Seasonal Permits issued by Weld County Planning for situations such as fireworks stands, Christmas tree stands, seasonal recreational facilities, etc. Dust and waste handling plans are required. Please be more specific regarding the use of the property and if this is a year round use. Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 WELD COUNTY BUILDING INSPECTION COMMENTS Based on the information provided, no structure are propped at this time and no building permits are required. Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 iaktitb9;NCH 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 Lo FAX 970-304-6498 April 7, 2011 'REVINO ADOLPH PO BOX 33 LA SALLE, CO 80645-0033 Zoning Violation Case: ZCV10-00140 Situs Address: 0 CR 39 Legal Description: PT NE4 30-4-65 LOT A REC EXEMPT RE-2341 (.93R) Dear Trevino Adolph: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on 05/10/2011 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.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than. eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. 23-3-40 Uses by special review 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. 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 To bring your property into compliance with the Weld County Code: Please keep in mind the above scheduled Violation Hearing will be cancelled if a Use by Special Review(USR) application is submitted to the Department of Planning Services and deemed complete by staff(thus initiating the application process). As we have previously discussed and was discussed during your Pre-Application meeting on December 3, 2010, while the presence of 1 (one) COMMERCIAL VEHICLE in the Agricultural Zone District, when not situated within a recorded subdivision or unincorporated townsite is a use by right. The presence of multiple Commercial Vehicles requires a Use by Special Review (USR) permit. Please keep in mind we have Planners available On-Call, Monday- Friday from 7:30 AM - 4:30 PM to assist the public with any questions. No appointment is necessary as individuals are seen in the order they sign in. To assist in this process, please bring this letter to the Planner. 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 your 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, Bethany Salz n Zoning Compliance Officer II File: ZCV10-00140 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 February 09, 2011 TREVINO ADOLPH PO BOX 33 LA SALLE, CO 80645-0033 Zoning Violation Case: ZCV10-00140 Situs Address: 0 CR 39 Legal Description: PT NE4 30-4-65 LOT A REC EXEMPT RE-2341 (.93R) Dear Trevino Adolph: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on 04/12/2011 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.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. 23-3-40 Uses by special review 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. N m yto p c 13 ce e a a 6 O > Z e > o cn EDDOV, ❑ ❑ i 0 m 0 ...16.. - ` o m ° 2 d vi E n ticc Z J Q N m E ❑ N E $ -' E a E a rum -v % E ❑ El - in co m ≥ a 1° w m Lu 1 n-C O cT• $ Na a f� �W o --- .o . 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N m N m o .'/ v NUN Cp_'`—ce -12 vru �- _. v LL In Sent To ,�� • d 2 2 O 0 Q ur (3 ' n E r mw ca `r[V.1,1_l.:}.f.t�f l__N1_� 0= - 3 L N v• '� E Ici -StreaCApf No.: pp m"—' O« " Q • C _ Z co O or PO Box No. •_l1 �v --'m W av >'t o c m 7 / ^` E N rrze.State.ZIP-F-4 r,.. — • o m n o z N is_ 'L) !, _ t rq ■ ■ ■ • N a ItesbN 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 To bring your property into compliance with the Weld County Code: Please keep in mind the above scheduled Violation Hearing will be cancelled if a Use by Special Review(USR)application is submitted to the Department of Planning Services and deemed complete by staff(thus initiating the application process). As we have previously discussed and was discussed during your Pre-Application meeting on December 3, 2010, while the presence of 1 (one) COMMERCIAL VEHICLE in the Agricultural Zone District, when not situated within a recorded subdivision or unincorporated townsite is a use by right. The presence of multiple Commercial Vehicles requires a Use by Special Review(USR) permit. Please keep in mind we have Planners available On-Call, Monday- Friday from 7:30 AM - 4:30 PM to assist the public with any questions. No appointment is necessary as individuals are seen in the order they sign in. To assist in this process, please bring this letter to the Planner. 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 your 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, Bethany Salzman Zoning Compliance Officer II File: ZCV10-00140 DEPARTMEN I ,iF PLANNING SERVICES (itt Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us ip E-MAIL: bsalzman@co.weld.co.us C NE: 970-353-6100 X 3555 FAX: 970-304-6498 COLORADO December 20, 2010 TREVINO ADOLPH P O BOX 33 LA SALLB, CO 80645-0033 Zoning Violation Case: ZCV10-00140 Situs Address: 0 CR 39 Legal Description: PT NE4 30-4-65 LOT A REC EXEMPT RE-2341 (.93R) Dear Trevino Adolph: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on 03/08/2011 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. 23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. 23-3-40 Uses by special review 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: Please keep in mind the above scheduled Violation Hearing will be cancelled if a Use by Special Review (USR) application is submitted to the Department of Planning Services and deemed complete by staff(thus initiating the application process). As we have previously discussed and was discussed during your Pre-Application meeting on December 3, 2010. while the presence of 1 (one) COMMERCIAL VEHICLE in the Page 1 of 2 Report ID: CODE000023v002 Print Date-Time: 12/20/2010 8.33:33AM SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • • Complete items 1,2,and 3.Also complete A. •gnature item 4 If Restricted Delivery is desired. X r O Agent • Print your name and address on the reverse ?� ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, (�rl �—r t,.,�J`k0 or on the front if space permits. kit-0 D. Is deaclOktattikkiiaffiiliji QBpa(RRl2lies 1. Article Addressed to: If YES,ente�7i RiE L. "e@refl E O No , /' C�(l l/ a Service Yypb l--L- �. . `�. `"L' .*Certified Mall O Express Mail ❑ Registered ❑ Return Receipt for Merchandise 610'-t l ....(7i) ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 3230 0000 0473 3004 (Transfer from service label) _ _ -- - — -- - - PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us VI ID E-MAIL: bsalzman@co.weld.co.us C. FAO90-3 436498100 X 3555 FX:COLORADO Agricultural Zone District, when not situated within a recorded subdivision or unincorporated townsite is a use by right. The presence of multiple Commercial Vehicles requires a Use by Special Review (USR) permit. Please keep in mind we have Planners available On-Call, Monday- Friday from 7:30 AM -4:30 PM to assist the public with any questions. No appointment is necessary as individuals are seen in the order they sign in. To assist in this process, please bring this letter to the Planner. 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. U.S. Postal Service,M Sincerely, CERTIFIED MAIL. RECEIPT s (Domestic Mail Only;No Insurance Coverage Provided) r. o • •r1• r o Ilvery lid.rmatl visit ur webslte at www.us ttte VALk �' D m Bethany Salzm S ' Postage $ Certified Fee Zoning Compliance Officer II k File: ZCV10-00140 Return Receipt Fee - Posture Here o (Endorsement Required) O (Endorsectedment Delivery Required) Fee - (E estrsemeDt Require e O m Total Postage 8 Fees $ ru m Sun!Tor • �1 `C)n ( O c yet,Act.No.: C .POFox No )(C-', �t ZIP �� ;✓ �� C 'Moms 3800,August 2006 See Reverse for instructions Page 2 of 2 Report ID: CODE000023v002 Print Date-Time. 12/20/2010 8.33:33AM DEPARTMEN i JF PLANNING SERVICES t' Zoning Compliance Division(rt1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us VI D' E-MAIL: bsalzman@co.weld.co.us PHONC 100 X 3555 FAX: 970-304-6498 COLORADO November 17, 2010 TREVINO ADOLPH PO BOX 33 LA SALLE. CO 80645-0033 Zoning Violation Case: ZCV10-00140 Legal Description: PT NE4 30-4-65 LOT A REC EXEMPT RE-2341 (.93R) Situs Address: 0 CR 39 Dear Trevino Adolph: 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.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. 23-3-40 Uses by special review 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code. While the presence of 1 (one) COMMERCIAL VEHICLE in the Agricultural Zone District, when not situated within a recorded subdivision or unincorporated townsite is a use by right. The presence of multiple Commercial Vehicles requires a Use by Special Review(USR) permit. The first step in this process is a Pre-Application Request meeting. This step is completely free, but does require submittal of a short application. I apologize for forgetting to include the application with my initial letter; however, please see the enclosed Page 1 of 2 Report ID: CODE000021v002 Print Date-Time: 11/17/2010 8'.28:10AM DEPARTMEN, JF PLANNING SERVICES (171, a Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us IDE-MAIL: bsalzman@co.weld.co.us C PHONE: 970-353-6100 X 3555 FAX: 970-304-6498 COLORADO application. Please also feel free to visit the following web address: http://www.co.weld.co.us/redesign/assets/9A9dc6d8207C1 D3D7c30.pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us At the top of the page,just under the Weld County logo, Click on Departments, go to Planning&Zoning (click on this link)Then click on the Planning Department link on the left hand side of the page. Then click on Land Use Applications link that pops up next to Planning Department. Please scroll down to the Pre-Application Request link. 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 12/20/2010 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 Sal n Zoning Compliance Officer II File: ZCV10-00140 Page 2 of 2 Report ID: CODE000021v002 Print Date-Time: 11/17/2010 8:28:10AM tab\ tali Submit by Email Print Form WELD COUNTY PRE-APPLICATION REVIEW REQUEST • The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required prior to beginning the application process; however, this review is not an application. • Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and Environment. Pre-application reviews are held Thursday and Friday of any given week in the Greeley office. To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information a brief narrative and a map delineating the property location, in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre-application review request. • Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. • Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Phone: Fax: Email: Address: Project Description: Property Information: Section-Township- S30T4NR65W Zoning Agricultural Range Parcel Number 1055 30 1 00 026 Acreage 11.26+/- Site Address CR 39 Water Source Legal Description Lot A of RE-2341 aka NE4 of 530,T4N R65W Sewer Owner Name Adolph Trevino Is this property currently in violation? ®Yes ONo Case NumberZCV10-00140 Preferred date and time for meeting: Office Use Only Project Title: Description: Review Date: Meeting Date/Time: Weld County Department of Planning Services Greeley Office— 1555 N 17th Ave, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: To view the Weld County Code, please go to www.co.weld.co.us, FOR (SPR) SITE PLAN REVIEWS: o Brief project narrative explaining request o Conceptual site plan showing all structures,parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage o Conceptual building elevations o Conceptual landscape plan FOR(USR) USE_BY.SPECIAL REVIEWS: Brief project narrative explaining request Conceptual site plan showing all structures,parking,nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage o Conceptual landscape plan FOR (PUD) PLANNED UNIT DEVELOPMENT/ CHANGE OF ZONE (COZ): o Brief project narrative explaining request o Exhibit showing desired changes to be made ❑ Location map showing property, surrounding area and adjacent uses o Conceptual zoning map showing current and proposed zoning o Conceptual site plan showing all structures,parking, nearby roads, and driveway access o Existing contours and proposed grades o Conceptual drainage o Conceptual landscape plan FOR (ZPSD) Zoning Permit Single Dwelling: O Brief project narrative explaining request O Conceptual site plan showing all structures,parking, nearby roads, and driveway access Weld County Department of Planning Services Greeley Office— 1555 N 17th Ave, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 DEPARTMEN iF PLANNING SERVICES rtot Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us IE-MAIL: bsalzman@co.weld.co.us PHONC 9E 0 30464938100 X 3555 FAX: COLORADO November 12, 2010 TREVINO ADOLPH PO BOX 33 LA SALLE, CO 80645-0033 Zoning Violation Case: ZCV10-00140 Situs Address: CR 39 Legal Description: PT NE4 30-4-65 LOT A REC EXEMPT RE-2341 (.93R) Dear Trevino Adolph: 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: While the presence of 1 (one) COMMERCIAL VEHICLE in the Agricultural Zone District, when not situated within a recorded subdivision or unincorporated townsite is a use by right. The presence of multiple Commercial Vehicles requires a Use by Special Review(USR) permit. The first step in this process is a Pre-Application Request meeting. This step is completely free, but does require submittal of a short application. Please see the enclosed application; however, please also feel free to visit the following web address: http://www.co.weld.co.us/redesign/assets/9A9dc6d8207C1 D3D7c30.pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us At the top of the page,just under the Weld County logo, Click on Departments, go to Planning & Zoning (click on this link) Then click on the Planning Department link on the left hand side of the page. Then click on Land Use Applications link that pops up next to Planning Department. Please scroll down to the Pre-Application Request link. 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,??(Alliet.AnCAKN Bethany Salzm2 Zoning Compliance Officer II File: ZCV10-00140 Identify Results Page I of I WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7812698 Parcel#: 105530100026 Tax Area: 0105 Bordering County:Acres: 7.1 ZC1 v (lam —COIL-'IL(D Township_Range SectionQuart. Sec. Subdivison_Name Block# Lot# 04 - 65 - 30 - 1 - - Owners Name & Address_ Property Address: TREVINO ADOLPH Street: P O BOX 33 City: LA SALLE, CO 80645-0033 Additional_Owners: TREVINO JOHN A Business/Complex: Sales Summary Sale Date Sale Price Deed Type R_ec-eption # 11/2/1998 $65,000 WD 2651764 Legal Description PT NE4 30-4-65 LOT A REC EXEMPT RE-2341 (.93R) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4117 Acres 7.1 Land Subtotal: 7.1 $1,946 $560 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/SetSgI.asp?cmd=QUERY&DET=PP&pin=1055... 11/10/7010 Colorado Secretary of State -Fl1ed Date and Time: 06/10/2010 08:32 AM Document must be filed electronically. ID Number: 20011050662 Paper documents will not be accepted. Document processing fee $10.00 Document number: 20101330873 Late fee if entity is in noncompliant status $40.00 Amount Paid: $50.00 Fees&forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.state.co.us and select Business. and select Business Center. ABOVE SPACE FOR OFFICE USE ONLY Annual Report filed pursuant to§7-90-301,et seq.and §7-90-501 of the Colorado Revised Statutes(C.R.S) ID number: 20011050662 Entity name: TREVINO & SON'S TRUCKING, INC. Jurisdiction under the law of which the entity was formed or registered: Colorado 1.Principal office street address: 4081 S KIRK WAY (Street name and number) AURORA CO 80013 (City) (State) (Postal/Zip Code) United States (Province-if applicable) (Country-if not US) 2.Principal office mailing address: (if different from above) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province-if applicable) (Country-if not US) 3.Registered agent name: (if an individual) (Last) (First) (Middle) (Suffix) OR(if a business organization) Trevino & Son's Trucking, Inc. 4.The person identified above as registered agent has consented to being so appointed. 5.Registered agent street address: 130 UNION AVE (Street name and number) LA SALLE CO 80645 (City) (State) (Postal Zip Code) REPORT Page I of 2 Rev.5/01/2010 teN fin) 6.Registered agent mailing address: (if different from above) (Street name and number or Post Office Box information) (City) (State) (Postai/Zip Code) (Province-if applicable) (Country-if not US) Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered. 7.Name(s)and address(es)of the individual(s)causing the document to be delivered for filing: Trevino Adolf (Last) (First) (Middle) (Suffer) 4081 S. Kirk Way (Street name and number or Post Office Box information) Aurora CO 80013 (City) (Slate) (Postal/Zip Code) United States (Province-if applicable) (Country-if not US) (The document need not state the true name and address of more than one individual. However.if you wish to state the name and address of any additional individuals causing the document to be delivered for filing.mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form,and any related instructions,are not intended to provide legal,business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 of 2 Rev.5/01/2010 ^� AIM 111 11131011 1111 11111 I I 11111111111111 )71,1 2891784 11/03/1998 03:57P Mold County CO 1 of 1 R 8.00 D 8.90 JO Sukl Toukamoto WARRANTY DEED I rb(f2`��Anj THIS DEED, Made this 2nd day of November .19 98 , 'i between Clarence J. Schmidt and Tylene L. Schmidt C. . t of the County of Weld and State of Colorado grantor,end Adolph Trevino and John A. Trevino whose legal addmss is 130 W. Union Ave, LaSalle, CO 80645 of the County of Weld and State of Colorado ,grantees: WITNESS,That the grantor,for and in consideration of the sum of SIXTY FIVE THOUSAND AND NO/100--- DOLLARS.($65,000.00 ),the receipt and sufficiency of which is hereby acknowledged,has panted,bargained,sold and conveyed,and by these presents does grant,bar- gain.sell.convey and confirm.lmto the grantees.their heirs and assigns forever,not in tenancy In common but In Joint tenancy, all the red property together with Improvements,if any,situate,lying and being in the County o f Weld and State of Colorado,described as follows: .. Lot.A. of Recorded. Exemption.No_ 1055-30-1-RE2341,. recorded.October 22,. .. 1998 at Reception No. 2648452, being a portion of the Northeast Quarter of Section 30, Township 4 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado aboknownbystreetandnumberas Vacant Land, LaSalle, CO 80645 TOGETHER with all and singular the hereditament,and eppunenences thereinto 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 110LD the said premises above bargained and described,with the appurtenances,unto the grantees,their heirs and assigns forever. And the grantor,(or himself,his helm and personal representatives,does covenant,grant bargain and agree to and with the grantee,their heirs and assigns,that at the time of the enseding and delivery of these presents,he is well seized of the premises above conveyed, has good,sure,perfect, absolute and indefeasible estate of inheritance, in law,in .. fee.simple,.andhes gooLrighLfdl.pnwer.and.lawfW.a bority to.grautrharydn,.aell.nndcnnvey.the.santain.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 sower. except for taxes for the current year,a Iles,but not yet due and payable,easements,restrictions,reaervattona,covenants and tights-of-way of record,if any. The grantor shall and will WARRANTAND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantees,their heirs and assigns.against ell and every person or persons lawfully claiming the whole or any fart 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. Clarence @. Schmidt Tyne L. Schmidt o•-• ••-••% STATE OF COLORADO : 2i,BAR9ARA R.1• . COUNTY OF WELD 1 OOOStROD- J,as. ; p0 The(ongoing instrument was y. *ba•s'-.�-` 2nd day of November .1998 ,by Clarence J. Schmidt a -, `•' .t,Schmidt . My Commission expires: February 23, 1999 Wi07,2y,ht.ndofficWr Sig f Notary Public Barbara R. Coonrod • WARRANDY DEED Do Joint Tennis)rwwartee Rh*U061J2JAar O ■ IF tilille- :it. :+ tc •. .. • • re i" - •4. • r , r )c1114 • ti 5 1 ,.. . .. D.400 fit' l{t �I . _ . d i T. , .. , .. . 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