The URL can be used to link to this page

Browse Search

Home My WebLink About20112176 RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV#1100048 AGAINST JUAN MEZA AND MARIA MEZA GUADALUPE 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, Juan Meza and Maria Meza Guadalupe, ZCV #1100048, 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 9th day of August, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Maria Meza Guadalupe, property owner, was present, 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 October 9, 2011, to allow adequate time for the property owners to remove the noncommercial junkyard from the site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #1100048 be, and hereby is, referred to the Weld County Attorneys Office for legal action against Juan Meza and Maria Meza Guadalupe 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 October 9, 2011, to allow adequate time for the property owners to remove the noncommercial junkyard from the site. 1 2011-2176 e c, . Q L I cl I c PL0824 C'9 - 1u- ll VIOLATIONS - ZCV#1100048 - MEZA/GUADALUPE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Ll - i - arbara Kirkmeyer Chair Weld County Clerk to the B. ELaBY: Sean P.pPro-Temy, Deputy CI" k to the = :r.1 AP 692D •- RM®� �r� (' CL vid E. Long ounty ttorney eu J Douglas adem er Date of signature: q k- 1 2011-2176 PL0824 hiDe Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV11-00048 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 32000 CR 57 MEZA JUAN MANUEL& MARIA GUADALUPE Mailing Address: P O BOX 101 GILL, CO 80624 PARCEL: 080123000030-R1206886 Acreage: 4.12 Legal Description: 9692-C NWLY PT ABDN RR R/W 75'WIDE PT SW4 23 6 64 EXC PT N2N2SW4 LOCATION: Location: Approximately 1/4 miles East of CR 57 and approximately 1 mile South of Hwy 392 North: Agriculturally Zoned properties South: Agriculturally Zoned properties and approximately 1 mile Northeast of the unincorporated townside of Gill East: Agriculturally Zoned properties West: Agriculturally Zoned properties NOTIFICATION INFORMATION: Certified Date 07/27/2011 Certified Reference Number 7010 1870 0000 4773 9042 VIOLATION DESCRIPTION: Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. 23-3-40 Uses by special review 23-3-40.1 Solid Waste Disposal sites and facilities, subject to the additional requirements of Section 23-4-380. VIOLATION REMEDY: Please be advised that this is a repeat violation. As we have discussed in the past, the presence of a trash, tires, wood, paneling, and miscellaneous debris is not an allowed use. This type of trash and debris needs to go to an approved landfill. The closes public landfill to you is probably: Waste Management-North Weld Landfill @ 40000 WCR 25 (off HWY 14), Ault, CO 80610. Their phone number is 970-686-2800. As with any public landfill, they do charge for their.services. Additionally, the number of ANIMAL UNITS shall maintain compliance with the Agricultural Zone District of the Weld County Code. RECOMMENDATION: The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. fest Planning Department ZONING VIOLATION CASE SUMMARY WORKFLOW SUMMARY: Case Initiation 04/15/2011 Initiated Violation 04/15/2011 Violation Notice Violation 07/27/2011 Hearing Notification INSPECTION SUMMARY: Zoning Code Inspection 04/06/2011 Noncompliance Bethany Salzman Inspection Result Comment Gary Schwartz w/Weld County Animal Control conducted an inspection. He counted at least: 12 horses, 1 cow, chickens, 2 dogs. He also said they are burning household trash, they have a large pile of wood,junk, paneling, trash and miscellaneous debris. No pictures were taken during this inspection. DEPARTMEN I OF PLANNING SERVICES iittre\H5 Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us PHONE:C. FAX: 970-304-6498 100 X 3555 COLORADO July 27, 2011 MEZA JUAN MANUEL & MARIA GUADALUPE PO BOX 101 GILL CO 80624 Zoning Violation Case: ZCV11-00048 Situs Address: 32000 CR 57 Legal Description: 9692-C NWLY PT ABDN RR R/W 75'WIDE PT SW4 23 6 64 EXC PT N2N2SW4 Dear Meza Juan Manuel & Maria Guadalupe: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on £08109/20.11 at 10 00.AM . The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. 23-3-40 Uses by special review 23-3-40.B Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 23-3-40.B.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. 23-3-50 Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. 23-3-50.D Maximum number of ANIMAL UNITS permitted per acre: four (4) per acre or portion thereof. To bring your property into compliance with the Weld County Code: Please be advised that this is a repeat violation. As we have discussed in the past, the presence of a trash, tires, wood, paneling, and miscellaneous debris is not an allowed use. This type of trash and debris needs to go to an approved landfill. The closes public landfill to you is probably: Waste Management - North Weld Landfill @ 40000 WCR 25 (off HWY 14), Ault, CO 80610. Their phone number is 970-686-2800. As with any public landfill, they do charge for their services. Additionally, the number of ANIMAL UNITS shall maintain compliance with the Agricultural Zone District of the Weld County Code. Page 1 of 2 Report ID: CODE000023v002 Print Date-Time: 7/27/2011 9:24:40AM DEPARTMEN i OF PLANNING SERVICES (it (t Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us FHONE: 970-353-6100 X 3555 A: 970-304-6498 C 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. Sincerely, eTh Bethany Salzman Zoning Compliance Officer II File: ZCV11-00048 U.S. Postal Service'. CERTIFIED MAIL. RECEIPT ru (Domestic Mall Only;No Insurance Coverage Provided) C ellvery lnf•rmati nvI6R ur we•slte atwww.us•ac me r- f` Postage $ Certified Fee O Postmark c Returnment Required) equire) Hero p (Endorsement Requiretl) (EnRestdorsedement [delivery Fee Required) - (Entlorsemant C op Total Postage 8 Fees $ sent to 1.�L 1 (\b(\Lu1&-!E . iaO,- arPOboxNo. b1?-c''y 1D\ City,State,71144 l 111JJ �� c L 2-1- S F:_m 36 t•.Au us13•r6 See eversn l r lnsttuetbas Page 2 of 2 Report ID: CODF000023v002 Print Date-Time: 7/27/2011 9:24:40AM DEPARTMEN, JF PLANNING SERVICES k • \\\ Zoning Compliance Division es North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us PHONEC 970-304-6498. 100 X 3555 FAX: COLORADO April 15, 2011 MEZA JUAN MANUEL& MARIA PO BOX 101 GILL, CO 80624 Zoning Violation Case: ZCV11-00048 Legal Description: 9692-C NWLY PT ABDN RR RNV 75'WIDE PT SW4 23 6 64 EXC PT N2N2SW4 Situs Address: 32000 CR 57 Dear Meza Juan Manuel & Maria Guadalupe: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Article 111(3), Division 1 A (Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. 23-3-40 Uses by special review 23-3-40.1 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 be advised that this is a repeat violation. As we have discussed in the past, the presence of a trash, tires, wood, paneling, and miscellaneous debris is not an allowed use. This type of trash and debris needs to go to an approved landfill. The closes public landfill to you is probably: Waste Management-North Weld Landfill @ 40000 WCR 25 (off HWY 14), Ault, CO 80610. Their phone number is 970-686-2800. As with any public landfill, they do charge for their services. Page 1 of 2 Report ID: CODE000021v002 Print Date-Time: 4/15/2011 11:53:54AM DEPARTMEI i'OF PLANNING SERVICES 6 Zoning Compliance Division(tilt 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us C E-MAIL: bsalzman@co.weld.co.us PHONE: 970-353-6100 X 3555 FAX: 970-304-6498 COLORADO It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation.You have until 05/16/2011 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, i Bethany Salz Zoning Compliance Officer II File: ZCV11-00048 Page 2 of 2 Report ID: CODE000021v002 Print Date-Time: 4/15/2011 11:53:54AM Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILEaii\AV 11 Account#: R1206886 Parcel#: 080123000030 Tax Area: 0740 Bordering County: Acres: 4.05 Township Range Section Quart. Sec. Subdivison Name BIock# Lot# 06 - 64 - 23 - 0 - - Owners Name &Address: Property Address: MEZA JUAN MANUEL Street: P O BOX 101 City: GILL, CO 80624 Additional Owners: MEZA MARIA GUADALUPE Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 3/9/1994 $15,000 QCD 02378512 Legal Description 9692-C NWLY PT ABDN RR R/W 75' WIDE PT SW4 23 6 64 EXC PT N2N2SW4 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4117 Acres 1.42 Agricultural 4117 Acres 2.63 Land Subtotal: 4.05 $1,497 $430 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSgl.asp?cord=QUERY&DET=PP&pin=08012... 4/15/2011 Identify Results Page 1 of 1 Mobile Home Valuation Account#: M0088302 Parcel#: 080123000030 Owners Name&Address: Property Address: MEZA JUAN M Street: 32000 57 CR PO BOX 101 City: WELD GILL, CO 80624 Additional Owners: MEZA MARIA G Business/Complex: Legal Description 9692-C IMPS ONLY PT SW4 23 6 64 Land Value $0 Land Assessed Value $0 Imor. Value $23,113 Impr. Assessed Value $1,840 Total Value $23,113 Total Assessed Value $1,840 Tax Area: Bordering County: Township Range Section Quart.Sec. Subdivison Name Block# Lout 06 -64- 23 - 0 - - Acres: Sq.Ft.: Sale Price Sale Date Deed Type Reception # $0 http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=ACCDET&acct=080123000030... 4/15/2011 B 1431 REC 02378512 03/16/94 14:32 $5.00 1/001 AS2378514 F 1778 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO QUITCLAIM DEED THIS DEED, Made this 9th day of March, 1994, between HAROLD DEWAYNE CECIL, of the County of Weld and State of Colorado, grantor, and JUAN MANUEL MEZA and MARIA GUADALUPE MEZA, whose legal address is P.O. Box 101, Gill, of the County of Weld and State of Colorado, grantees, WITNESSETH, That the grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) the receipt and sufficiency of which is hereby acknowledged, hereby sells and quitclaims unto the grantees all the right, title, and interest of the grantor in and to the following real property, together with improvements, if any, in the County of Weld and State of Colorado: A strip of land 75.0 feet in width, situate in and being all that part of the Sh of section 23, Township 6 North, Range 64 W. of the Sixth Principal Meridian, in Weld County Colorado, extending northeasterly from the south line to the east-west centerline of said Section 23, and lying between the hereinafter described centerline of the abandoned main track and said centerline extended of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated, and a line that is parallel and/or concentric with and 75.0 feet distant northwesterly, measured at right angles and/or radially, from said centerline of abandoned main track, containing 5.35 acres, more or less; together with a right of way and easement for access to said parcel over an existing road across the S4 of said Section 23 lying southwest of said parcel; reserving to the Grantor, his heirs and assigns, a right of way and easement over the existing road on the southeast side of said parcel running the entire length of said parcel, and from said road to a triangular tract of land lying in the northwest corner of the SE; of said Section 23, together with the right to install water, electric, telephone and other utility lines in and on said right of way. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. 4 ieoD,.. // HAROLD DEWAYNE CEC STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 9tt day of /Y)r7rrh , 1994 by HAROLD DEWAYNE CECIL. WITNESS my hand and official seal. My commission expires ck/y d'S /996 yam.... a Q � • ,TritPy'•' Notary Public m ,� > evmm BC9.NffiA.QCD • .O. A , «� 1 ••r •+„ t r• i)' �w -201.11-• s . , M . -r R ; ( s ,, ZZ4 ,n .-_4 + .. *• - 1,,m • et 4- :-. ......; . ex . ,: . ' - .1 . \k: 'a J 'r- I ..„ s • al ,. R \ M1 rMp. N , I :X4.. . A T • g • - �. Y 1 Jr 4' , I 1 itr y • T t . •r 1 - ' 41/117 i r • L. • ` 4. c s , lif fl'ergs -_kt 0 I S , , • ' • s. . + I • ' • e. t • W. '` * 1 t; ,A3/ �I ei • I. .. it 1 V , • c_ _ . st• r. ae r dd _ l \ T Ir4j ' I .�{ , ,1 c / !'P o 1 t illigginstmomispine- .- .. - .p.*,e ,4. s ri.J _if- ' r„ 'Y f" • . 4 JP WA 44- illi - w • - 1 -•• • - ( . . 1 I 'r t , K Z * i • s a. I - 1 , + .-.••• 1 1 • $ 40 i J- .' 1 i. • ir I. ).• I 104.46 1 v , A. _..... i• • y • JUL • lot • '-.„'.. ;$: ls .14/711:: .PH;C:4 1:1447.:::::ir C4-‘ " . I. • . 4.IL•St:.1 ,,. • fr if —.le: ' L,, iii te• Pt •...•;-.,14. I • • • • 7+. '.k sr. Te Ili;. ttfzit 1 r - K33F til .Ij Lt's Hello