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Home My WebLink About20100975.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #0800265 AGAINST REX AND JILL HARRIS 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, Rex and Jill Harris, ZCV#0800265,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 May, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Rex and Jill Harris were not present or represented at said hearing,although all parties were notified of said hearing by Department of Planning Services staff, 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 11, 2010, to allow adequate time for the property owner(s) to bring the subject property into compliance by removing the equipment and vehicles from the property and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#0800265 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Rex and Jill Harris 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 11, 2010, to allow adequate time for the property owner(s) to bring the subject property into compliance by removing the equipment and vehicles from the property. BE IT FURTHER RESOLVED by the Board that the Department of Planning Services be, and hereby is, instructed to keep the case open for review for a period of six months. cc . Pt) (1/u/. G 910 2010-0975 PL0824 VIOLATIONS-ZCV#0800265 - REX AND JILL HARRIS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of May, A.D., 2010. BOARD OF COUNTY COMMISSIONERS [nC /,� WELD COUNTY, COLORADO ATTEST/ �� `EJ`t,Ca� y • , "„ vougl- Radema er, Chair Weld County Clerk to the !•fr. std a ('� �'•%1�� XCUSED Barbara Kirkmeyer, Pro-Tem 1•! '%lL�ij lr\ Dep Clerk i. the board Sean P. Con APPRO D AS TO F C7/ —' William F. Garcia ounty Att ey EXCUSED David E. Long Date of signature: 1-121 71 ro 2010-0975 PL0824 rolation Summary Report BASIC INFORMATION HARRIS REX T&JILL 7331 CR 60 WINDSOR, CO 80550-3419 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV08-00265 Situs Address: 7331 CR 60 Legal: PT SW4 5-5-67 THAT PT LOT A REC EXEMPT RE-2523 LYING IN SW4 SEC 5 SITUS:7331 60 CR WELD 000000000 Location: Location North of and adjacent to CR 60 and approximately 1/2 mile West of CR 17 North Agricultural zone districts and Windsor city limits South Agricultural zone districts and Windsor and Greeley city limits East Agricultural zone districts and Windsor and Greeley city limits West Agricultural zone districts Parcel Number: 095705000032-R8752600 Acreage: 5.47 Certified Mail Date: 06/24/2009 04/21/2010 Currently the property is in violation of: 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 properly 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. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1;Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10;Weld County Code Ordinance 2006-2;Weld County Code Ordinance 2006-4) 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. COMMERCIAL VEHICLE:Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A(Agricultural)Zone District.A COMMERCIAL VEHICLE shall include, but is not limited to, semi-trailers,dump trucks, construction equipment, railroad cars and cargo containers.A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. 2010-0975 Violation Summary Report REMEDY THE COMMERCIAL VEHICLES (SEMI'S,TRAILER, ETC)EQUIPMENT, TANKS AND ANY OTHER MATERIALS NOT INTENDED FOR AN AGRICULTURAL USE SHALL BE REMOVED FROM THE PROPERTY.OR A USE BY SPECIAL REVIEW PERMIT SHALL BE OBTAINED FOR THE COMMERCIAL OPERATION. THIS IS A REOCCURING VIOLATION AND WILL BE HEARD ON MAY 11, 2010 REGARDLESS OF CURRENT STATUS. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. LETTER HISTORY 12/19/2008 Complaint Validated 12/19/2008 LTTR: 5 Day Letter 05/26/2009 LTTR:Violation Notice 06/24/2009 LTTR: Hearing Notification 08/31/2009 Remanded Back 04/21/2010 LTTR: Hearing Notification OTHER CASE HISTORY 12/18/2008 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: SEVERAL LARGE TRACTORS, SEMIS AND OTHER COMMERCIAL RELATED EQUIPMENT ON SITE ALONG WITH SEVERAL TRUCKS. 08/28/2009 Property tnspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: IT APPEARS THE COMMERCIAL VEHICLES AND EQUIPMENT WERE GONE. 08/31/2009 Office Visit SPOKE WITH REX HARRIS AFTER VIOLATION HEARINGS. I TOLD HIM THAT UPON AN INSPECTION IT APPEARED THAT THE COMMERCIAL VEHICLES HAD BEEN REMOVED SO THE CASE WAS REFERRED BACK TO THE PLANNING DEPARTMENT TO MONITOR AND ENSURE CONTINUOUS COMPLIANCE. HE SAID THAT THEY WERE STILL DOING A LOT OF LANDSCAPING ON THE SITE AND IF HE HAD A VEHICLE OR TWO OUT, FROM NOW ON, THEY WOULD BE IN FOR THE WEEKEND AND LEAVE AGAIN DURING THE WEEK. HE ALSO SAID HE WOULD KEEP A LOG OF WHEN AND FOR HOW LONG VEHICLES WERE THERE SO IF I CONTINUED TO GET COMPLAINTS HE COULD SHOW ME HIS RECORDS. I TOLD HIM THAT WOULD BE A GREAT IDEA AND I WOULD CALL HIM IF I HEARD ANY FURTHER COMPLAINTS. 02/26/2010 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED:AT LEAST 3 TRAILERS, 2 DUMP TRUCKS. 03/31/2010 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED:AT LEAST 2 DUMP TRUCKS, 3 SEMI TRAILERS AND MISCELLANEOUS DEBRIS. 04/26/2010 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED:2-3 SMALL COMMERCIAL TRAILERS, TWO LARGE SEMI TRAILERS,TWO FRONT END LOADERS. PICTURES WERE TAKEN. (yeitc.‘it--,\\ "nig C COLORADO DEPARTMENT OF PLANNING SERVICES Ann Siron Zoning Compliance Officer 1555 N 17th Ave Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:970-304-6498 E-Mail: asiron@co.weld.co.us April 21, 2010 HARRIS REX T & JILL 7331 CR 60 WINDSOR, CO 80550-3419 Case: ZCV08-00265 Legal Description: PT SW4 5-5-67 THAT PT LOT A REC EXEMPT RE-2523 LYING IN SW4 SEC 5 SITUS: 7331 60 CR WELD 000000000 Dear HARRIS REX T & JILL: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 05/11/2010 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. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld Page 1 of 2 Report ID: CODE000005v002 Print Date-Time: 4/21/2010 8:16:24AM COLORADO DEPARTMENT OF PLANNING SERVICES Ann Siron Zoning Compliance Officer 1555 N 17th Ave Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail: asiron@co.weld.co.us County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) 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. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi-trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. To bring your property into compliance with the Weld County Code: THE COMMERCIAL VEHICLES (SEMI'S, TRAILER, ETC) EQUIPMENT, TANKS AND ANY OTHER MATERIALS NOT INTENDED FOR AN AGRICULTURAL USE SHALL BE REMOVED FROM THE PROPERTY. OR A USE BY SPECIAL REVIEW PERMIT SHALL BE OBTAINED FOR THE COMMERCIAL OPERATION. THIS IS A REOCCURING VIOLATION AND WILL BE HEARD ON MAY 11, 2010 REGARDLESS OF CURRENT STATUS. 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. Page 1 of 2 Report ID: CODE000005v002 Print Date -Time: 4/21/2010 8:16:24AM c Kit i-;.„.\\ "'gig C COLORADO DEPARTMENT OF PLANNING SERVICES Ann Siron Zoning Compliance Officer 1555 N 17th Ave Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail: asiron@co.weld.co.us The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action 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, i L v. it. � ( 4cr[� Ann Siron Zoning Compliance Officer pc: ZCV08-00265 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. '9 m� item 4 if Restricted Delivery is desired. O Agent • Print your name and address on the reverse - l O Addressee so that we can return the card to you. B. eceived by(Printed Name) l C.'Dat of Delivery • Attach this card to the back of the mailpiece, `/ ' /�,!- '3f': or on the front if space permits. 19�dD�9 , ti qAy • }2 O Yes 1. Article Addressed to: If YEG��ideliµeruadif t low: El No VV:4 t /fit! i - "11i. :�()� 2jl�j 3.se a ry an -f/PICertified Mail O Express Mail ❑ Registered O Return Receipt for Merchandise ❑ Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number 7005 1160 0001 4539 4318 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Page 1 of 2 Report ID: CODE000005v002 Print Date -Time: 4/21/2010 8:16:24AM RESOLUTION = ii RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0800265 AGAINST REX AND JILL HARRIS 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, Rex and Jill Harris, ZCV #0800265, 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 31st day of August, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Rex and Jill Harris were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to refer this matter back to the Department of Planning Services to ensure the property remains in compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#0800265 against Rex and Jill Harris be, and hereby is referred back to the Department of Planning Services. 2009-2297 PL0824 r'-0 PL , vet- of/b/79 VIOLATIONS - ZCV#0800265 - REX AND JILL HARRIS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D., 2009. BOARD OF COUNTY COMMISSIONERS .r` WELD COUNTY, COLORADO ATTEST: Lei,,I ��'� : i iZ EXCUSED • 'A" illiam F. Garcia, Chair ea Weld County Clerk tot y trj.,ig,=� //� 4n t p/2 M o✓ivi/ c/ glas Radema her, Pro-Tern BY: Deputy Clerk to the Boa Sean P. Conway L APP AST ORM' hrk?yer ,! 1� J o my A torney f,4 cl ,N David E. Long Date of signature: 944109 2009-2297 PL0824 HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION A public hearing was conducted on August 31, 2009, at 10:00 a.m., with the following present: Commissioner William F. Garcia, Chair-EXCUSED Commissioner Douglas Rademacher, Pro-Tem Commissioner Sean P. Conway Commissioner Barbara Kirkmeyer Commissioner David E. Long Also present: Acting Clerk to the Board, Sharon Kahl Acting Clerk to the Board, Elizabeth Strong County Attorney, Stephanie Arries Planning Department representative, Bethany Salzman Planning Department representative, Peggy Gregory Planning Department representative, Ann Siron The following business was transacted: I hereby certify that a public hearing was conducted to consider whether to authorize the County Attorney to proceed with legal action against the individuals named for violations of the Weld County Zoning Ordinance. Cases were heard as follows: BCV#0900070 - UIV LAND LLC: Peggy Gregory, Department of Planning Services, presented the case report for the record and pursuant to the case file, this property is in violation of Sections 29-3-10 and 29-8-40 of the Weld County Code. To bring the property into compliance, a permit application and all of the applicable documentation must be submitted for the new single family dwelling, all of the fees must be paid, and all of the inspections must be completed. Ms. Gregory stated this case was continued from July 14, 2009, to allow adequate time to notify the property owner of the violation hearing date. Staff is requesting this case be referred back to the Department of Planning Services due to the property being in foreclosure. Neither the property owners, nor a representative, was present and there was no public testimony given. Commissioner Conway moved to refer BCV #0900070 against UIV Land, LLC, back to the Department of Planning Services. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV#0900080 - STEWART: Ann Siron, Department of Planning Services, presented the case report for the record and pursuant to the case file,this property is in violation of Sections 23-3-150, 23-3-150.A, 23-3-150.8, and 23-3-150.C of the Weld County Code. To bring the property into compliance, the derelict vehicles and the noncommercial junkyard must be removed from the property, all of the commercial activity must cease, and an application for a zoning permit to allow one (1) commercial vehicle must be submitted. Ms. Siron stated there are three (3) trucks with trailers that appear to be related to commercial activity, since the trucks have been seen hauling derelict vehicles, scrap metal, and golf carts, to and from the site. She indicated one (1)truck and 2009-2289 PL0824 �l ' ( � cgll7 /0`1 Commissioner Conway moved to refer ZCV#0900129 against Fidel Molina to the County Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it carried unanimously. ZCV#0900178-MATHEWS: Ms. Siron presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-20.A, 23-3-40, 23-3-40.L, and 23-4-130 of the Weld County Code. To bring the property into compliance, evidence for the use of the mobile home being used for a medical hardship must be submitted, or the mobile home must be removed. Alisa Mathews, property owner, stated to staff that she has moved her father into the main dwelling unit, and she will be moving him into a nursing home in the near future. Ms. Siron stated the mobile home is unoccupied, and the property owner was mailed a demolition permit application. Neither the property owner, nor a representative, was present and there was no public testimony given. Commissioner Conway moved to refer ZCV #0900178 against Alisa Mathews to the County Attorney for legal action, with the instruction to delay action upon such referral until October 31,2009,to allow adequate time for the property owner to demolish the mobile home. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV#0800265-HARRIS: Ms. Siron presented the case report;for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.M, 23-3-40, and: 23-3-40.8 cite Weld County Code. To bring the property into compliance,:the commercial vehicles and equipment must be removed,or a Use by Special Review Permit application must be submitted. Staff is requesting this case be referred back to the Department of Planning Services to ensure that this property will remain in compliance. Neither the property owners, nor a representative, was present and there was no public testimony given. Commissioner Conway moved to refer ZCV #0800265 against Rex and Jill Harris back to the Department of Planning Services. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0900148 - MILLER: Bethany Salzman, Department of Planning Services, presented the case report for the record and pursuant to the case file. this property is in violation of Sections 23-3-20, 23-3-30, and 23-3-30.1 of the Weld County Code. To bring the property into compliance, the noncommercial junkyard must be restored, removed, or properly screened from all of the adjacent properties and public rights-of-way. Ms. Salzman stated there is currently screening installed; however, it is not an approved type of screening, and there is debris along the front of the property. Starlee Miller, property owner, stated she does not understand why the screening is not an approved type of screening, since it is the same type of screening being used by some of the commercial junkyards in the area, and solid fencing will be blown down by the wind. Ms. Miller stated the front of the property has been cleaned up and the sides have been blocked off. She stated that there are no houses located on the north or east sides of the property for three-quarters of a mile. Ms. Salzman stated the Code requires a screening plan to be approved by the Department of Planning Services and there has not been one submitted by the property owner.She stated if the property owner would have submitted the screening plan, staff would have notified Hearing Certification, Zoning Violations August 31, 2009 2009-2289 Page 3 PL0824 This Certification was approved on the 9th day of September, 2009. APPROVED: ATTEST: iataLoviain.a. BOARD OF COUNTY COMMISSIONERS ' El_4\ WELD COUNTY, COLORADO 44r- �a. . Weld County Clerk to th.i rts ��) XCUSED '11 William F. it Deputy Clerk to the BcS (�J il et-/ C 1, 'rI iso Douglas'Rademac r, Pro-Tem CD #2009-08 VI - Sean F-Th�-Conway ice , 4irkmeyer4 / Ca( David E. Long ei\ Hearing Certification, Zoning Violations August 31, 2009 2009-2289 Page 6 PL0824 VinIation Summary Report BASIC INFORMATION HARRIS REX T & JILL 7331 CR 60 WINDSOR, CO 80550-3419 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV08-00265 Situs Address: 7331 CR 60 Legal: PT SW4 5-5-67 THAT PT LOT A REC EXEMPT RE-2523 LYING IN SW4 SEC 5 SITUS: 7331 60 CR WELD 000000000 Location: Location North of and adjacent to CR 60 and approximately 1/2 mile West of CR 17 North Agricultural zone districts and Windsor city limits South Agricultural zone districts and Windsor and Greeley city limits East Agricultural zone districts and Windsor and Greeley city limits West Agricultural zone districts Parcel Number: 095705000032-R8752600 Acreage: 5.47 Certified Mail Date: 06/24/2009 Currently the property is in violation of: (.. Chapter 23, Article 111(3), Division 1 A Itzsfr, 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. �: " 23-3-30.M Parking and operation of one (1) than eighty (80) acres in size, when not a LC a LOT which is part of a map or plan filed pric subdivisions. Parking and operation of up to fi property equal to, or greater than, eighty(80) a goods, equipment or livestock, as long as the i per day to and from the property. When the pro recorded subdivision, or part of a LOT which is , _....Noon of any regulations controlling subdivisions, such Lurough Section 23-4-950 of this Code. (Weld County Codificatioi ...,n.e 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) 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. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi-tractors and trailers, dump trucks, construction equipment and tow trucks. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the use is allowed through the zone district. REMEDY Violation Summary Report THE COMMERCIAL VE1 iCLES (SEMI'S, TRAILER, ETC) EQUIPMEN , TANKS AND ANY OTHER MATERIALS NOT INTENDED FOR AN AGRICULTURAL USE SHALL BE REMOVED FROM THE PROPERTY. OR A USE BY SPECIAL REVIEW PERMIT SHALL BE OBTAINED FOR THE COMMERCIAL OPERATION. THIS IS A REOCCURING VIOLATION. RECOMMENDATION - The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. LETTER HISTORY 12/19/2008 Complaint Validated 12/19/2008 LTTR: 5 Day Letter 05/26/2009 LTTR: Violation Notice 06/24/2009 LTTR: Hearing Notification OTHER CASE HISTORY 12/18/2008 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: SEVERAL LARGE TRACTORS, SEMI"S AND OTHER COMMERCIAL RELATED EQUIPMENT ON SITE ALONG WITH SEVERAL TRUCKS. ti rar WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 4-6498 E-Mail: asiron@co.weld.co.us COLORADO June 24, 2009 HARRIS REX T &JILL 7331 CR 60 WINDSOR, CO 80550-3419 Case: ZCV08-00265 Legal Description: PT SW4 5-5-67 THAT PT LOT A REC EXEMPT RE-2523 LYING IN SW4 SEC 5 SITUS: 7331 60 CR WELD 000000000 Dear HARRIS REX T & JILL: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 08/11/2009 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. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) 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. Page 1 of 2 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:E-Mail: asiron@co.weld.co.us s t OLORADO COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A(Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi-tractors and trailers, dump trucks, construction equipment and tow trucks. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the use is allowed through the zone district. To bring your property into compliance with the Weld County Code: THE COMMERCIAL VEHICLES (SEMI'S, TRAILER, ETC) EQUIPMENT, TANKS AND ANY OTHER MATERIALS NOT INTENDED FOR AN AGRICULTURAL USE SHALL BE REMOVE' FROM THE PROPERTY. OR A USE BY SPECIAL REVIEW PERMIT SHALL BE OBTAINED FOR THE COMMERCIAL OPERATION. THIS IS A REOCCURING VIOLATION WHICH ORIGINATED BECAUSE OF LANDSCAPINC PROJECTS AS THE OWNERS HAD ONLY BEEN THERE FOR APPROXIMATELY ONE YEAR. AN INSPECTION WAS CONDUCTED ON JUNE 24, 2009 AND THE COMMERCIAL VEHICLES, MATERIALS AND EQUIPMENT ARE STILL ON THE PROPERTY. 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 action 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, Ann Siron Zoning Compliance Officer pc: ZCV08-00265 Page 2 of 2 WELD COUNTY PLANNING DEPARTMENT (i(rt:s;;\\s\ Ann Sin Co mpliance Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 70-304-6498 E-Mail:asiron@co.weld.co.us COLORADO May 26, 2009 HARRIS REX T & JILL 7331 CR 60 WINDSOR, CO 80550-3419 Case: ZCV08-00265 Legal Description: PT SW4 5-5-67 THAT PT LOT A REC EXEMPT RE-2523 LYING IN SW4 SEC 5 SITUS: 7331 60 CR WELD 000000000 Dear: HARRIS REX T & JILL : 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. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) 23-3-40 Uses by special review 23-3-40.O HOME BUSINESS. 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. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in Page 1 of 2 t) (lift WELD COUNTY PLANNING DEPARTMENT Ann Sin Co mpliance Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:970-304-6498 E-Mail:asiron@co.weld.co.us COLORADO ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A(Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi-tractors and trailers, dump trucks, construction equipment and tow trucks. A COMMERCIAL VEHICLE shall not be allwoed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the use is allowed through the zone district. To bring your property into compliance with the Weld County Code: THE COMMERCIAL VEHICLES (SEMI'S, TRAILER, ETC) EQUIPMENT, TANKS AND ANY OTHER MATERIALS NOT INTENDED FOR AN AGRICULTURAL USE SHALL BE REMOVED FROM THE PROPERTY. OR A USE BY SPECIAL REVIEW PERMIT SHALL BE OBTAINED FOR THE COMMERCIAL OPERATION. THIS IS A REOCCURING VIOLATION WHICH ORIGINATED BECAUSE OF LANDSCAPING PROJECTS AS THE OWNERS HAD ONLY BEEN THERE FOR APPROXIMATELY ONE YEAR. AN INSPECTION WAS CONDUCTED ON MAY 11, 2009 AND BOTH COMPLIANCE OFFICER AND STAFF DETERMINED THIS IS NO LONGER THE CASE AND THE EQUIPMENT IS CONSIDERED COMMERCIAL, THEREFORE REQUIRING IT TO BE PERMITTED OR REMOVED. 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 12/26/2008, 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 to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, a"l Ann Siron Zoning Compliance Officer pc: ZCV08-00265 Page 2 of 2 rat ctei;%\\\\ WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 i Phone: 970-353-6100 x3566 FAX: 0-304-6498 E-Mail: on@co.weld.co.us COLORADO December 19, 2008 HARRIS REX T & 7331 CR 60 WINDSOR, CO 80550-3419 Case: ZCV08-00265 Legal Description: PT SW4 5-5-67 THAT PT LOT A REC EXEMPT RE-2523 LYING IN SW4 SEC 5 SITUS: 7331 60 CR WELD 000000000 Dear HARRIS REX T&: 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/STORAGE OF COMMERCIALLY RELATED VEHICLES AND EQUIPMENT WITHOUT A USE BY SPECIAL REVIEW (USR) PERMIT. Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely,COLA. Ann Siron , Zoning Compliance Officer pc: ZCV08-00265 Page 1 of 1 ;tir, A DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division C 918 10'" Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 • COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: z�.,�Og —C��a.(e'f:D X ZONING CODE COMPLAINT ❑ Staff/Name- F Citizen ❑ other. O HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE.'ANIMAL CONTROL Phone Number(If known): C BUILDING CODE COMPLAINT ❑ PUBLIC WORKS /PEST K WEEDS Date Complaint was received: CA- \ -C.")% Pending Case n(i.e.USR, RE, SE, ect...): Legal Description: ht 1\67 k.E a �)504 Cf= Parcel#:Cc1(. 1 D.-CO-0 63, C�5i—cry a—cb—cxfL\ Violation Address: -1 3 \ �.�.((�o�D � 1 Property Owners Name: A ' \m Q X.. PhPropertyPrope �Owners Address: A 1.'\Y, Y.l.r..h(t �� Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: L3"vsV4 3CCIA..r) `,c.( ail sV')\C cG0-i i s yrce f Q- t 'TA t- — U .1-i in (,c 1't C Ac Ff ( (2—J"k�r i°, i. AkY('ti&1 Fk1 i lx tk A (, f,C`TC a Cs-CA-IAA( O( US!i"FC/net ` ti 'Q ern-,p rfjtw} j f1 .[�'Ri'1✓1r:� Yt 1 C P� E7\ft R F{.�-VA) (1D et-Ltd pry-vent e nctk)- d,fD1i.A — Additional Notes: Page 1 of 1 Michelle Martin From: Zelma Wahl Sent: Thursday, September 18, 2008 3:22 PM To: Michelle Martin Subject: Complaint • We don't seem to be making contact on the phone. Attached is the problem. I had a call from a citizen this morning regarding a load of concrete that was dumped across from his house. Public Works personnel checked it out, and there is concrete dumped, but it is not close to our road or in the ROW. However, they say there is rebar in the concrete and a real possibility of it going into the water system. They thought it might be a county zoning violation. Could someone please check it out. The caller is Robert Shinazy, 28943 Brookside Drive, Windsor 396-4945. Thanks Zelma S. Wahl Public Works Office Administrator P.O. Box 758 Greeley, CO 80634 (970)356-4000, Ext. 3756 zmalrlaco.melt!.ro.up 9/18/2008 069 I'f�l�I�III II��I I��I'I��I1II I�I��'I'I�\li "lot liI0IIII 3218069 091131!004 10 49A Weld County,CO 1 of 1 R 6,00 D 0.00 Steve Moreno Clerk 8 RecoMer Quit Claim Deed TrUE DEED is a conveyance from the Individual(s),eorporatbn(a)or other emny(tts)named below as GRANTOR to the individual(s)or endty(les)named below as GRANTEE of whatever interest the GRANTOR'may have In the real property described below, The GRANTOR hereby sells and quit claims to de GRANTEE the real property described below with all Its appurtenances. The Specific Terms of This Deed Are: Grantor: (Give names)and pings)of.,<d.n.e;if the spouse of the owner-grantor is joining In this Deed to release homeeteed right,Idemlfy grantors as husband end wife.) REX HARRIS CONSTRUCTION, INC., A COLORADO CORPORATION 1429 W. 39TH PLACE LOVELAND, CO 80538 Grantee: (Give name(s)and ddress(es):statement of address,Including available road or street number,is required.) REX T. HARRIS AND JILL M. HARRIS 1429 W. 39TH PLACE LOVELAND, CO 80538 Form of Co-Ownership: (If there are two the words n jointr more enancy'or words of th�me meani will be ng are added in idered to the space below as tenants in common nunlcss IN JOINT TENANCY Property Description: (Includecounty and state.) LOT A OF RECORDED EXEMPTION NO. 0957-05-3-RE2523, RECORDED JANUARY 28. 2000 AS RECEPTION NO. 2746725, BEING A PART OF THE 9.71/4 OF SECTION 5 Ali) A PART OF THE NW1/4 OF SECTION 8, BOTH IN TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.N., COUNTY OF WELD, STATE OF COLORADO. Property Address: 7331 NCR 60, WINDSOR, CO 80550 Reservations-Restrictions: (If the GRANTOR intends to reserve any Interest In the propcny or to convey ins than he owns, or if the GRANTOR Is restricting the GRANTEE'S right in the property, make appropriate indication.) Executed by the Grantor on 09-02-2004 Signature for fadlvidwl(d: Signature for Corporation,Partnership or Aarneiatinw REX HARRIS CONSTRUCTION. INC GrantorName Gr eeter: Corpora or Anocbnon e v me By T Gnnwr RIX T. HARRIS. PRESIDENT By Gnnmr Attest: STATE OF COLORADO n. COUNTY OF u„ty,y,Q 2NO SEPTEMBER, 2004 The foregoing instrument was acknowledged before me this day of By REX T. HARRIS, PRESIDENT OF REX HARRIS CCOONSSTRUCTION, INC., A COLORADO CORPORATOR WITNESS my nand and ometal mat. \ `CC el.-- Z tk ��:r� My commission noires: 07-13-2008 Public KENDRA R. DURBAN STATE _ OF ) mm. -S RY b `h COUNTY OP ,....,., t The foregoing instrument was acknowledged before me this day of %1J se i B • ' �t 4s. 1t /(.name Individual Gnnmr(O or IrOnntorb GepoNbn,Pamarmhipor Msetlation,Otto Identify siren as presidentor vie w enI N. C oranin+nt,ame,or eonmino;au pmoet(G of pmrmeralde:or es eothorlud nambap)ofmaraMtien.) y L 'r J 1I irhi>••... Q, WORMSmy nand and official nthMy commission nplmt Notary Public .tt F c0V TO 01981 UPDATE LEGAL FORMS Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R8752600 Parcel#: 095705000032 Tax Area: 0429 Bordering County: Acres: 5.37 Township Range Section Quart. Sec. Subdivison Name Block# Lot* 05 - 67 - 05 - 0 Owners Name &Address: Property Address: HARRIS REX T& Street: 7331 60 CR 7331 CR 60 City: WELD WINDSOR, CO 80550-3419 Additional Owners: HARRIS JILL M Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 9/2/2004 $0 QCN 3218069 Legal Description PT SW4 5-5-67 THAT PT LOT A REC EXEMPT RE-2523 LYING IN SW4 SEC 5 SITUS: 7331 60 CR WELD 000000000 Land Valuation Summary Unit of Number of Assessed Land Type Abst Code Actual Value Value Measure Units Residential 1112 Acres 5.37 Land Subtotal: 5.37 $107,400 $8,550 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $527,514 $41,990 Total Property Value $634,914 $50,540 Building Details Account#: R8752600 Parcel#: 095705000032 Owners Name&Address: Property Address: HARRIS REX T& Street: 7331 60 CR 7331 CR 60 City: WELD WINDSOR, CO 80550-3419 Building# Property Type 1 Residential Individual Built As Detail http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09570... 9/18/2008 Identify Results Page 2 of 2 Built As: 2 Story Year Built: 2004 Exterior: Frame Stucco HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 3810 # of Baths: 4 Roof Type: # of Bdrms: 5 Roof Cover: Composition Shingle # of Stories: 2 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 1252 Detached SQ Ft: Basement: Total SQ Ft: 2684 Finished SQ Ft: 2175 http://maps2.merrick.com/Website/W eld/setSgl.asp?emd=QUERY&DET=PP&pin=09570... 9/18/2008 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7763299 Parcel#: 095708200044 Tax Area: 0408 Bordering County: Acres: 0.66 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 05 - 67 - 08 - 2 - - Owners Name &Address: Property Address: HARRIS REX T& Street: WELD 7331 CR 60 City: WELD WINDSOR, CO 80550-3419 Additional Owners: HARRIS JILL M Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 9/2/2004 $0 QCN 3218069 Legal Description PT NW4 8-5-67 THAT PT LOT A REC EXEMPT RE-2523 LYING IN THE NW4 SEC 8 (.58R) SITUS: WELD 000000000 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4167 Acres 0.66 Land Subtotal: 0.66 $4 $10 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09570... 9/18/2008 0) _ i I— rl l I // I W W W ir J {-:___, 0 _ 3— , ■ , .._, 4 .i,:s .„ \ it_ , „. .\\:-- 1411.. ..1 H . , , . ., , . 1 .SLR et , --- �, . �:;,,;fir„ . ��. _ _______________ ,c� 0 _ ___ = c -- „ fr. co GO 0 d '-) _ I( CLN o m IX c3 / 0 ( (.1) 1 z 3 \\._ 1 I I ` r_� 1�� • ,� O 14\ Ka ,U %' ' ( e° it, �' tY . 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