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Home My WebLink About20102091.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #1000072 AGAINST ROCKY HOFFSCHNEIDER 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, Rocky Hoffschneider, ZCV #1000072, 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 14th day of September, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Rocky Hoffschneider was 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 bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Rocky Hoffschneider 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. 2010-2091 vl ' GI-10 PL0824 VIOLATIONS -ZCV#1000072 - HOFFSCHNEIDER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of September, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,-COL RADO ATTEST: �'.�� 1(1, , glas a emach r, Ch it Weld County Clerk to t IB.: 44- t1u _ BY:d 7 rbara Kirkmeyer, P o-Tem 4 , t♦�: a, Deputy Clerk to the Bo1 Clipc ;_ EXCUSED L Sean nway � ED RM: Garcia V Co nty Attorney / David E. Long Date of signature: 9 2 2010-2091 PL0824 COLORADO Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV10-00072 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 11100 CR 38 HOFFSCHNEIDER ROCKY WAYNE Mailing Address: 15490 W 13 AV LAKEWOOD, CO 80214 VIOLATION CONTACTS: MICHAEL J. KLEINMAN, ESQ 9490 SOUTH ASPEN HILL WAY 720-920-9903 ATTORNEY AT LAW LONE TREE, CO 80124 PARCEL: 120901000031-R0010190 Acreage: 10.00 Legal Description: PT NW4NW4 1-3-67 LOT B REC EXEMPT RE-1218 EXC UPRR RES (.25R) 11100 38 CR WELD 80651 LOCATION: Location: South of and adjacent to CR 38 and East of CR 23 North: Agriculturally Zoned properties South: Agriculturally Zoned properties East: Agriculturally Zoned properties and approximately 1 1/2 miles West of Platteville municipal boundaries West: Agriculturally Zoned property and Milliken municipal boundaries NOTIFICATION INFORMATION: Certified Date 07/28/2010 Certified Reference Number 7008 3230 0000 0473 3943 Certified Received Date 08/03/2010 VIOLATION DESCRIPTION: Chapter 23, Article III(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.A. Mineral resource development facilities including: 23-3-40.A.1 OIL AND GAS STORAGE FACILITIES. 23-3-40.A.2 OIL AND GAS SUPPORT AND SERVICE. 23-3-40.A.3 Open pit MINING and materials processing, subject to the provisions of Article IV, Division 4 of this Chapter. 23-3-40.A.4 Asphalt and concrete batch plants. 23-3-40.A.5 Coal gasification facilities. 23-3-40.A.6 MINING or recovery of other mineral deposits located in the County, subject to the provisions of Article IV, Division 4 of this Chapter. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the 2010-2091 WIOc COLORADO Planning Department ZONING VIOLATION CASE SUMMARY 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: As I indicated in my initial letter, the storage and/or maintenance of commercial equipment, semi trailers, vehicles and/or supplies 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 to the application, but does require submittal of a short application. My records indicate I sent this application with my initial letter; however, please 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 On the left hand side go down 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. RECOMMENDATION: The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. WORKFLOW SUMMARY: Case Initiation 06/09/2010 Initiated Violation 06/18/2010 5 Day Letter Violation 06/25/2010 Violation Notice Violation 07/28/2010 Hearing Notification OTHER CASE HISTORY: 07/09/2010 Phone call Complainant called the office. He asked for the status of the violation case. I explained. He asked what the process would be if he applied for a USR. I briefly explained that it was a 2 hearing process. The first hearing would be before the Planning Commission and the second hearing would be before the Board of County Commissioners. The Planning Commission is a recommending board and the Board of County Commissioners would determine the final outcome of the USR application. We also briefly discussed the Violation Hearing process. He asked to be notified of any Violation Hearings. I told him I would notify him. 07/20/2010 Letter received I received a faxed letter from Michael J Kleinman. See documents. 07/23/2010 Phone call I called Michael Kleinman (720-920-9903). We briefly discussed the violation. He indicated he understood the counties position, but was in the middle of conducting trial prep for another case. He asked me to send him an e-mail. I offered to send the pictures as well. He said that would be great. He would then forward them directly to his client. We discussed the case being scheduled for the September Violation Hearings and that if the property were brought into wink COLORADO Planning Department ZONING VIOLATION CASE SUMMARY compliance sooner, the hearing would be vacated. He asked me to include as much as possible in my e-mail. 07/23/2010 E-mail sent From: Bethany Salzman Sent: Friday, July 23, 2010 10:24 AM To: 'kleinmanlaw@q.com' Subject: Hoffschneider, Rocky Wayne **ZCV10-00072** E-mail 1 of 2 As we discussed over the phone, the storage of commercial equipment, supplies, construction trailer, water tanks, vehicles, etc would require a Use by Special Review (USR) permit. While you have indicated your clients intent to build something in the future, without a building permit application being completed and submitted to the Department of Building Inspections nor active construction occurring on the property, this would be deemed as the storage of commercial equipment, supplies, construction trailer, water tanks, vehicles, etc without an approved and recorded USR permit. As you can see by the pictures a large amount of storage is presently situated on this site. Since the Violation Notice is scheduled to expire on July 26, 2010, the next step through the violation process is to schedule a Violation Hearing. Due to notification requirements, I will not be able to schedule this case for the August violation hearing date, so the next available violation hearing will be in September. I will send a follow-up letter with the hearing information next week. However, if the property is brought into compliance prior to the hearing, the hearing would be cancelled. Thank-you for your prompt attention to this matter. Bethany Salzman Zoning Compliance Officer II 1555 North 17th Avenue Greeley, CO 80631 (970)353-6100 Ext. 3555 (office) (970)304-6498 (fax) bsalzman@co.weld.co.us ***Also sent all pictures dated 07/22/10*** 07/23/2010 E-mail received From: MICHAEL J KLEINMAN [mailto:kleinmanlaw@q.com] Sent: Friday, July 23, 2010 11:06 AM To: Bethany Salzman Subject: RE: Hoffschneider, Rocky Wayne **ZCV10-00072** E-mail 2 of 2 Thanks. I have forwarded the info to my client and will plan on talking with you after my trial concludes the end of next week Michael J. Kleinman Esq. 9490 S Aspen Hill Way 110€ COLORADO Planning Department ZONING VIOLATION CASE SUMMARY Lone Tree, Colorado 80124 720-920-9903office 303-927-6337 Facsimile 303-359-1825 cell phone 08/03/2010 Certified receipt Certified Receipt received - signed INSPECTION SUMMARY: Zoning Code Inspection 06/17/2010 Noncompliance Inspection Result Comment Upon a visual inspection of the property, the following items were noted: a large amount of commercial storage of equipment, materials, supplies, vehicles, a construction trailer and miscellaneous items. No pictures were taken during this inspection. Zoning Inspection 07/22/2010 Noncompliance Bethany Salzman Inspection Result Comment Upon a visual inspection of the property, the following items were noted: commercial vehicles, commercial equipment, a construction trailer, several semi trailers, materials, water tanks and miscellaneous debris. See pictures dated 07/22/10. 401:17,---f—NsHatsio hiDe 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 July 28, 2010 HOFFSCHNEIDER ROCKY WAYNE 15490 W 13 AV LAKEWOOD, CO 80214 Zoning Violation Case: ZCV10-00072 Situs Address: 11100 CR 38 Legal Description: PT NW4NW4 1-3-67 LOT B REC EXEMPT RE-1218 EXC UPRR RES (.25R) 11100 38 CR WELD 80651 Dear Hoffschneider Rocky Wayne: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on 4.09/44/21:14D ,:at.ID:DDr'A7111 The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.A. Mineral resource development facilities including: 23-3-40.A.1 OIL AND GAS STORAGE FACILITIES. 23-3-40.A.2 OIL AND GAS SUPPORT AND SERVICE. 23-3-40.A.3 Open pit MINING and materials processing, subject to the provisions of Article IV, Division 4 of this Chapter. 23-3-40.A.4 Asphalt and concrete batch plants. 23-3-40.A.5 Coal gasification facilities. 23-3-40.A.6 MINING or recovery of other mineral deposits located in the County, subject to the provisions of Article IV, Division 4 of this Chapter. iglig 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 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. 23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A (Agricultural) Zone District. To bring your property into compliance with the Weld County Code: As I indicated in my initial letter, the storage and/or maintenance of commercial equipment, semi trailers, vehicles and/or supplies 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 to the application, but does require submittal of a short application. My records indicate I sent this application with my initial letter, however, please feel free to visit the following web address: http://www.co.weld.co.us/redesign/assets/9A9dc6d8207C 1 D3D7c30.pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down 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. 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. (itei-it, ‘---. hiDe 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 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. -- d 8 E a Sincerely, p m O a a > U W N z ❑ ❑ , �D❑ o . 4 0 N ti d O U Bethany Salzman . , - e " ` 6 8 m . LL m Zoning Compliance Officer II z v Ae c tg o 0 File: ZCV10-00072 w 1.3N3d ju m rco Lit rn Ea U 4a U.S.Postal Service,,., w d `n a d m gc� I s m d CERTIFIED MA1L,r., RECEIPT w Y m (Domestic Mail Only;No Insurance Coverage Provided) g m o = `He "' (UK ') v• d X CO o or....., • [� 0' F•r •-livery int•rmati•n visit•ur we•site at www.us•s.c•m� y,, . co I g LI m s E m En �I 8. cc a C Postage $ m m o i m E in o -T r- pij o° Certified Fee a -- O. O Postmark 2 E"o 2 '� m (�i O O Return Receipte Fee • O d m O Eal 0 (Endorsement Required) Here . 00.2 o a F C O Reemdm Delivery Fee H v c vi (Endorsement Required) y a H y 0!' K fU Total Postage 8 Fees $ _ -0 > tow ,Om Q. '-r m cm m mcmm I� _ Sent To �'�,.,^, N 'O CO �tk.CRA/�4.: 5 (//�� Z N O Street.Apf o.; U N C m O '`— O .� y co or PO Box No. ��'(t /-�D tA) N N m U O te O N n E T i +e'c=-r--i`^' �V I ' • _ N o JJJ f City.State.ZIP+4 U m j 3 V m Q ; e E, a sci`;iti • m w a . _ Z :rr rr. W av >,or"- m d m E i . E E c•- m o ,..(jj` �i ° 2 U2d uOiQo Wn ■ ■ • a Weld County Planning Department GREELEY OFFICE MICHAEL J. KLEINMAN ESQ. JUL2 27mnn AI I ORNEY AT LAW RECEIVED 9490 SOUTH ASPEN HILL WAY • LONE TREE, COLORADO 80124 TELEPHONE 720-920-9903 • FACSIMILE 303.927.6337 Email: Kleinmanlaw@q.com•Cellular Phone 303.359.1825 July 20, 2010 By facsimile to 970-304-6498 Ms. Bethany Salzman Zoning Compliance Officer II Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Re: Case ZCV10-11172. Dear Ms. Salzman: Please be advised that the above named firm represents Rocky Hoffschneider as to the matters raised in your letter dated June 25, 2010 regarding alleged zoning violations at the subject property. As I understand the letter, it claims that Mr. Hoffschneider is currently in violation of the following: • Oil and gas storage facilities • Oil and gas support and service • Open pit mining and material processing • Asphalt and concrete batch plants • Coal gasification • Mining or recovery of other mineral deposits In response to these allegations, it appears that your agency is attributing these operations to Mr. Hoffschneider's property when in fact they are taking place on the adjoining property owned by GILCREST RESERVOIR, L.L.C. with Platte Sand & Gravel LLC operating the mining at present. If you check with the applicable authorities you will see that Platte is licensed to operate the gravel pit and the property you are referring to in your letter is not part of that operation. The complained of operations have not taken place on the subject property and I cannot understand what would lead you to believe this property is the mining operation. If there are oil and gas operations on the property, they would be conducted by the oil and gas companies that lease the property and own the right to be there. 1 It is my client's intention to construct a barn on the property, and in the interim, has stored some materials and equipment which are to be used in the construction of the building. That construction will not take place until the plans are complete and the required permits are approved. Although he is storing some equipment on his property, they are not used commercially. If the activities of open pit mini :, eil and gas support, asphalt and concrete batch plants, coal gasification, recove of r me .1 deposits are taking place on the property, as you claim, please p a ide y ev /nc' . . .port your position and we will address it immediately ery ly iy ichael J. Kleinman Mjk/dlk CC. Rocky W Hoffsehneider 2 07/20/2010 09:22 3038276337 MICHAELJKLEINMANESQ #0055 P. 001/003 MICHAEL J. KLEINMAN ESQ. ATTORNEY AT LAW 9490 S ASPEN HILL WAY• LONE TREE,COLORADO 80124 TELEPHONE 720,920.9903 • FACSIMILE 303.927.6337 • FAX TRANSMITTAL SHEET Date: July 20,2010 To: Bethany Salzman @ Weld County Zoning-Dept of Planning Services Fax#: 970-304-6498 Re: ZCV10-00072 No. of Pages, 3 incl. cover. "r. MESSAGES Letter of today's date Confidentiality Notice This message is intended only for the individual or entity shown above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of'this message is not the intended recipient, or the employee or agent responsible for delivering the message solely to the intended recipients,you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error,please notify us immediately by telephone and return the original message to us at the above address via the US. Postal Service. Thank you 07/20/2010 09:22 3039276337 MICHAELJKLEINMANESQ #0055 P, 002/003 MICHAEL J. KLEINMAN ESQ. ATTORNEY AT LAW 9490 SOUTH ASPEN HILL WAY • LONE TREE,COLORADO 80124 TELEPHONE 720-920.9903 • FACSIMILE 303.927.6337 Email: Klein manlaw@q.com•Cellular Phone 303.359.1525 July 20,2010 By facsimile to 970-304-6498 u Ms.Bethany Salzman Zoning Compliance Officer II Department of Planning Services 1555 North 17th Avenue Greeley,CO 80631 Re: Case ZCV 10-11172. Dear Ms. Salunan: Please be advised that the above named firm represents Rocky Hoffschneider as to the matters raised in your letter dated June 25, 2010 regarding alleged coning violations at the subject property. As I understand the letter, it claims that Mr.Hoffschneider is currently in violation of the following: • Oil and gas storage facilities • Oil and gas support and service • Open pit mining and material processing • Asphalt and concrete batch plants • Coal gasification • Mining or recovery of other mineral deposits In response to these allegations, it appears that your agency is attributing these operations to Mr. Hoffschneider's property when in fact they are taking place on the adjoining property owned by GILCREST RESERVOIR, L.L.C. with Platte Sand &Gravel LLC operating the mining at present. If you check with the applicable authorities you will see that Platte is licensed to operate the gravel pit and the property you are referring to in your letter is not part of that operation. The complained of operations have not taken place on the subject property and I cannot understand what would lead you to believe this property is the mining operation. If there are oil and gas operations on the property,they would be conducted by the oil and gas companies that lease the property and own the right to be there. 1 07/20/2010 09:22 3039276337 MICHAELJKLEINMANESQ 40055 P. 003/003 It is my client's intention to construct a barn on the property, and in the interim, has stored some materials and equipment which are to be used in the construction of the building.That construction will not take place until the plans arc complete and the required permits arc approved. Although he is storing some equipment on his property,they arc not used commercially. If the activities of open pit mi ' :, .it and gas support, asphalt and concrete batch plants, coal gasification;a x recove of. ne :1 deposits are taking place on the property, as you claim, please 1 i ev' nc . s .port your position and we will address it immediately 944 iehael J.Kleinman Mjk/dlk CC.Rocky W Hoffsclmeider il qi 2 DEPARTMEN1 LW PLANNING SERVICES rat ( Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us C E-MAIL: bsalzman@co.weld.co.us PHONE:90-304 6498 100 X 3555 FAX: COLORADO June 25, 2010 HOFFSCHNEIDER ROCKY WAYNE 15490W13AV LAKEWOOD, CO 80214 Zoning Violation Case: ZCV10-00072 Legal Description: PT NW4NW4 1-3-67 LOT B REC EXEMPT RE-1218 EXC UPRR RES (.25R) 11100 38 CR WELD 80651 Situs Address: 11100 CR 38 Dear Hoffschneider Rocky Wayne: 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. 23-3-40 Uses by special review 23-3-40.A. Mineral resource development facilities including: 23-3-40.A.1 OIL AND GAS STORAGE FACILITIES. 23-3-40.A.2 OIL AND GAS SUPPORT AND SERVICE. 23-3-40.A.3 Open pit MINING and materials processing, subject to the provisions of Article IV, Division 4 of this Chapter. 23-3-40.A.4 Asphalt and concrete batch plants. 23-3-40.A.5 Coal gasification facilities. 23-3-40.A.6 MINING or recovery of other mineral deposits located in the County, subject to the provisions of Article IV, Division 4 of this Chapter. 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: As I indicated in my initial letter, the storage and/or maintenance of commercial equipment, vehicles and/or supplies 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 to the application, but does require submittal of a short application. My records indicate I sent this application with my initial letter; however, please feel free to visit the following web address: Page 1 of 2 Report ID: CODE000021v002 Print Date-Time: 6/25/2010 8:49:11AM DEPARTMENT of PLANNING SERVICES ( jifr\\ Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us + E-MAIL: bsalzman@co.weld.co.us r A 90-304 6498 PHONE: 970-353-6100 X 3555 COLORADO 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 On the left hand side go down 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 07/26/2010 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 Salzman Zoning Compliance Officer II File: ZCV10-00072 Page 2 of 2 Report la CODE000021v002 Print Date-Time: 6/25/2010 8:49:11AM O DEPARTMEN t OF PLANNING SERVICES ( ci, Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co. PHONE:FAX: 970-304-6498 100 X 3555 COLORADO June 18, 2010 HOFFSCHNEIDER ROCKY WAYNE 15490 W 13 AV LAKEWOOD, CO 80214 Zoning Violation Case: ZCV10-00072 Situs Address: 11100 CR 38 Legal Description: PT NW4NW4 1-3-67 LOT B REC EXEMPT RE-1218 EXC UPRR RES (.25R) 11100 38 CR WELD 80651 Dear Hoffschneider Rocky Wayne: 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 storage and/or maintenance of commercial equipment, vehicles and/or supplies 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 to the application, but does require submittal of a short application. Please see the enclosed application or see the following web address: http://www.co.weld.co.us/redesign/assets/9A9dc6d8207C1 D3D7c30.pdf This web address will take you to tie Pre-Application Review Request link; otherwise go to: www.co.weld.co.us On the left hans side go down 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, ethany Salzman Zoning Compliance Officer II File: ZCV10-00072 Page 1 of 1 Report ID: CODE000022v002 Print Date-Time: 6/18/2010 7:58:08AM C) G Print Form Submit by Email WELD COUNTY PRE-APPLICATION REVIEW REQUEST 1 • 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 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: - . i. Project Description: roperty Information: Section-Township - Zoning Range Parcel Number Acreage Site Address Water Source Legal Description Sewer ^. Owner Name �`�'y'�-7 Is this property currently in violation? @f Yes i— No Case Number a (0- Lfi 1a Preferred date and time for meeting:,' 111/fY��\�\ ice se my Project Title: Description Review Date: MeetingDate/Time: Weld County Department of Planning Services 918 10th Street, 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: Li Brief project narrative explaining request ❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual building elevations Conceptual landscape plan ,-,FOR(tUSR) USE BY SPECIAL REVIEWS: Brimf-project-naziative explaining ienuest` '` `Conceptual site plan showing all structures, parking, nearby roads,and driveway access Existing contours and proposed grades ❑ Conceptual drainage ..IF fl Conceptual landscape plan FOR (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): ❑ Brief project narrative explaining request ❑ Exhibit showing desired changes to be made ❑ Location map showing property, surrounding area and adjacent uses H Conceptual zoning map showing current and proposed zoning H Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage H Conceptual landscape plan • Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0010190 Parcel#: 120901000031 Tax Area: 2192 Bordering County: Acres: 9.75 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 03 - 67 -01 - 0 -- Owners Name&Address: Property Address: /\ 1 HOFFSCHNEIDER ROCKY WAYNE Street: 11100 38 CR 15490 W 13 AV City: WELD LAKEWOOD, CO 80214 Business/Complex: 25-1 Sales Summary Sale Date Sale Price Deed Type 1/30/2008 $355,400 SWD 3533011 Legal Description PT NW4NW4 1-3-67 LOT B REC EXEMPT RE-1218 EXC UPRR RES (.25R) 11100 38 CR WELD 80651 Land Valuation Summary Land Type Abst Code Unit o! Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 9.75 Land Subtotal: 9.75 $156,000 $12,420 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $132,151 $10,520 Total Property Value $288,151 $22,940 Building Details Account#: R0010190 Parcel#: 120901000031 Owners Name&Address: Property Address: HOFFSCHNEIDER ROCKY WAYNE Street: 11100 38 CR 15490 W 13 AV City: WELD LAKEWOOD, CO 80214 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1983 Exterior: Frame Hardboard HVAC: Forced Air http://maps2.merrick.com/Website/W e1d/setSq l.asp?cmd=QUERY&DET=PP&pin=120901... 6/7/2010 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1560 it of Baths: 2 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 6 Units: 0 Garage: Attached SQ Ft: 0 Detached SQ Ft: 0 Basement: Total SQ Ft: 1560 Finished SQ Ft: 0 http://maps2.merrick.com/W ebsite/Weld/setSq 1.asp?cmd=QUERY&DET=PP&pin=120901... 6/7/2010 eRecorded in Weld C •ty,CO Doc Id:3533011 • • 02/04/2008 08:03 A Receipt#:7342275 Page:1 of 3 Total Fee:$51.54 • Steve Moreno, Clerk and Recorder • • SPECIAL WARRANTY DEED • THIS DEED,Made this 30th day o£January,2008 between Stanley E.Odenbaugh and Mary E.Odenbaugh of the County of Weld and State of COLORADO,grantor(s),and . Rocky Wayne Hoffsehnelder l554 qO w(„y Q_, LO—Lcunincd CO 80af yi whose legal address is 1 -S of the County of Weld,State of Colorado,grantee(s): {�r" ` 55.59 WITNESS,'drat the,grantor(s), for and in consideration of the sum of Three Hundred Fllty-Five Thousand Four Hundred Forty-Six Dollars and 58/100's (5355,446.58), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and.conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), its successors and assigns forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld,State of COLORADO,described as follows: Lot B of Recorded Exemption No.1209-01-2-REl 218,recorded December 15,1989 in Book 1251 at Reception No. 2200352,being a part of the West Half of the Northwest Quarter of Section 1,Township 3 North,Range 67 West of the 6a P.M.,County of Weld,State of Colorado. TOGETHER with all minerals,mineral rights,gravel and gravel rights,oil and gas and oil and gas rights owned,if any, by Grantor,rights of way,easements,improvements,structures and other property rights appurtenant thereto and/or owned or used by Grantor In connection therewith,and any right,title and interest in any adjoining or adjacent streets, roads or rights of way,all vacated alleys,streets and roads any all water and water rights,storage rights,water taps,ditch and ditch rights,reservoir and reservoir rights and water appurtenant to the property. INCLUDING but not limited to Domestic Well Permit#186048,and Grantors I/7 interest in Well permit#1-12022, subject to the terms agreement recorded 10/24/95 between the parties. also known by street and number as 11100 County Road 38,Platteville,CO 80651. TOGETHER with all and singular the hereditaments and appurtenances thereunto 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(s),either in law or equity, of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the granter(s), its successors end assigns forever. The grantor(s),for himself,his heirs and personal representatives or successors,does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises,in the quiet and peaceable possession of the grantee(s),its successors and assigns,against all and every person or persons claiming the whole or any part thereof, by,through or under the grantor(s), except and subject to all easements, interests and encumbrances of record shown on Exhibit A:attached hereto and incorporated herein by this reference 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 grantors)has executed this deed on the date set forth above. • SELLERS::Id /f "Stanley E OOd nbaugh Mary E. dc�augh -"'7a STATE OF COLORADO e; ' }se: COUNTY OF Weld U,.•" -r a�nY..P...q e • The foregoing instrument was'•ackriowletjg;pefora. his 30th day anuary,2008 by Stanley E.Odenbaugh and Mary E. Odenbaugh. i(F,189 j c[rl1• s'J , Cl/c' '•i`)lt_i Public Witness my hand and official seaf\oo.77 r" it "' My Commission expires''a4 ' 7S/a5 hl ,. • ISPWDTCI Security Title Special Warranty Deal Tenants in Common File No.50249893 eRecorded in V1 County, CO Doc Id: 3533011 02/04/2008 08:03 A Receipt#: 7342275 Page: 2 of 3 Total Fee: $51.54 Steve Moreno, Clerk and Recorder Exhibit A 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,or claims of easements,not shown by public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 6. [Any and all unpaid taxes,assessments and unredeemed tax sales.] 7. Reservations by the Union Pacific Railroad Company of(1) oil, coal and other minerals underlying the and,(2)the exclusive right to prospect for,mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove, oil, coal and other minerals, all as contained in Deed recorded March 18, • 1917 in Book 471 at Page 148,and any and all assignments thereof or interests therein. 8. An Oil and Gas Lease from Union Pacific Railroad Company, as Lessor to Pan American Petroleum Corporation, as Lessee, dated November 30, 1970, recorded December 29, 1970 in Book 638 at Reception No. 1559661, and any and all assignments thereof or interests therein. 9. Notice of General Description of Area Served by Panhandle Eastern Pipe Line Company Concerning Underground Facilities, recorded June 26, 1986 in Book 1117 at Reception No.2058722. 10. All items set forth on the Plat of Recorded Exemption No. 1209-01-2-RE 1218. 11. A non-exclusive access easement as granted in Grant of Easement recorded December 15, 1989 in Book 1251 at Reception No. 2200353. 12. Notice Concerning Underground Facilities of United Power, Inc., recorded January 24, 1991 in Book 1288 at Reception No. 2239296. 13. An easement for a pipeline and incidental purposes granted to Associated Natural Gas, Inc.,by the instrument recorded May 25, 1994 in Book 1443 at Reception No.2390160. 14. An easement for a valve site and incidental purposes granted to Associated Natural Gas, Inc.,by the instrument recorded May 25, 1994 in Book 1443 at Reception No.2390178. eRecorded in V1 County, CO Doc Id: 3533011 02/04/2008 08:03 A Receipt#: 7342275 Page: 3 of 3 Total Fee: $51.54 Steve Moreno, Clerk and Recorder 15. Terms, agreements, provisions, conditions and obligations of an Agreement, by and between Stanley E. Odenbaugh and Mary E. Odenbaugh and Dean S. L. Baker and Jeffory R. Baker,recorded October 24, 1995 in Book 1516 at Reception No.2460863. 16. An easement for utility services and incidental purposes, granted to Dean S.L. Baker and Jeffory R.Baker by the instrument recorded October 24 1995 in Book 1516 at Reception No.2460865. 17. Notice of Oil and Gas Interests and Surface Use recorded December 27, 2000 at Reception No.2815540. 18. Request For Notification Of Surface Development recorded May 28, 2002 at Reception No.2955197. 19. Any existing leases or tenancies. 20. Request for Notification by Kerr-McGee Oil&Gas Onshore LP,recorded December 21, 2007 at Reception No.3525268. 261 111111111111 DIM III�►� IIII 11111111111 III 11111 IIII IIII 3661i261 12/21/2009 12:44P Weld County, CO 1 of 4 R 21.00 0 0.00 Steve Moreno Clerk& Recorder DEED State: Colorado County: Weld Grantor: Thomas M. Sharkey and Platte Trust 1547 Turner Rd. Colorado Springs, CO 80920 Grantee: Hoffschneider Oil & Gas, LLC 5490 West 13th Avenue Lakewood, CO 80214 Effective Late: October 18,2009 Fcr Ten Dollars ($10.00) and other good and valuable consideration, Grantor, named above, grants, sells, and conveys to Grantee, named above, all of his interest in such oil and gas wells and/or proceeds, production, decimal interests, or any other interest whatsoever associated with such wells or any other oil and gas interest located on the following lands (the "Lands") owned by Grantor in the county anc state named above: See Exhibit A attached hereto for legal description and identification of wells By this Deed, Grantee is also conveyed the right of ingress and egress at all times for the purposes cf mining, drilling, exploring, operating, and developing the oil, gas, and other minerals in and under the Lands, and storing, handling, transporting, and marketing the same from the Lands. TI-is conveyance is made subject to any right now existing in favor of any lessee or its assigns under any valid and subsisting oil and gas lease on the Lands, but this Deed shall not serve to or be deemed a ratification or reviver of any previously granted oil and gas lease on the lands which is no longer valid. in force and effect. Grantee shall have, receive, and enjoy the stated interest in all bonus, rents, royalties, and other benefits which may accrue to the undivided mineral interest conveyed by this Deed, fron and after the Effective Date, as if Grantee had been, at the date of making any currently valid and subsisting lease, the owner of the conveyed undivided mineral interest in the Lands. Grantor agrees to execute such further assurances as may be reasonably requested or required to allow Grantee full use and enjoyment of the undivided mineral interest conveyed by this Deed. This Deed is delivered by Grantor to Grantee with warranty of title by, through, and under Grantor, but not otherwise. This Deed is signed by Grantor as of the date of acknowledgment of Grantor's signature below, but is effective for all purposes as of the Effective Date stated bove. GRANT G ': / / Thot a• M. arkey PLATTE TRUST By lacas.tc c, ` g Trustee 111111111111111111111111 Ills 111111 mill 1111111 IIII IIII 3666261 12/21'2009 12:44P Weld County, CO 2 of 4 R 21.0) D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) ) ss. County of lit 1seN1'tOe--- ) The foregoing instrument was acknowledged before me this kiday of 1 : 2009, by Thomas IV. Sharkey. Witness my hand and official seal. /� v ;' NOTARy N ary Public My rhiskikibepi�vEeps' My Coax isdon Expos May 14,2011 STATEOCOLORADO ) ) ss. County of 13/4i0.YIDC ) ii Y14 Tt e foregoing instrument was acknowledged before me this itO day of O(-arVhfs ?009, by me Ilrrustee of the Platte Trust. W tness my hand and official seal. t G1 &'. /2f,t�--� otary Public My Com '�ycipi�.FR•pz NOTARY trj..,PUBLICcOp i>ioFCoa. My Comm:Son Expires May 14,2011 FAWordPerfecrW auePlaue-MineralDeed(I1-20(19)wixi 1111111 IIIII HIM HMI tilt 11111III 111111111 IIII 3666261 12/21/2009 12:441' Weld County, CO 3 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED WITHIN THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD,STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOL LOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION I WHICH IS MONUMENTED BVA 3-1/4'AL. CAP AS DEPICTED ON SHEET TWO OF THIS DESCRIPTION,- THENCE SO 2721"W, 30.04 FEET ALONG THE WEST LINE'OF SAID NORTH WEST QUARTER OF SECTION 1 TO A POINT, SAID POIN? BEING THE"POINT OF BEGINNING"; THENCE 587°31'1fi E,ALONG THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 38, 75.00 FEET; THENCE S22844"W DEPART7NC SAID SOUTH LINE OF WELD COUNTY ROAD 38.20.00 FEET; THENCE NB7°31'16"W 74.30 FEET TO A POINT THAT LIES ON THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 2; THENCE NO'2721 E,ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 1,20.01 FEET, TO THE POINT OF BEGINNING. THIS PARCEL CONTAINS 1492.97 SQUARE FEET, 0.034 ACRES*. THE BASIS OF BEARING OF THIS DESCRIPTION IS BASED UPON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 1 AS SHOWN BETWEEN THE FOUND MONUMENTS ON SHEET 7 OF THIS DESCRIPTION. THE BEARING OF THAT L/NE IS SO`272: THIS DESCRIPTION WAS PREPARED BY GERALD MA77NICHOLS CO.PLS#38026 FOR AND ON BEHALF OF SURVEY SYSTEMS INC. SHEET 1 OF 2 JOB#2009-06-01-123 !XHIBIT A.A PARCEL OF LAND LO:ATED WITHIN SECTION 1.T.3N_ CT TT �LY� ..,n pr,t ,y 13,67W.,6Th P.M. l!1` P'U:j C OATS 07/19109,1'-50' SYSTEMS INC.. M»ftnw!2 EM.V4.onrphc$7nwcnrc EXHIBIT A _- -- -- -- -- - I11111111111111111 fill I'll Ilia!IIIll III IIIII ill IIII 3666261 12/21/2009 12:44P Weld County, CO 4 of 4 R 2'.00 D 0.00 Steve Moreno Clerk& Recorder — , x, 11 % . . ,I iI 1 ' I . : I i l • I ! i Ir, l ii ti i /1 fi ! : v, d � I i ,r 1 � ,T'z 1 H lam l l , - t. I I isil- �,.. i � 1 it i c,a,ao I ( I _ I SO°270- R S0J 100rI r 1 r l _30 04 / �_ 5 00'! ...__ I it i . ._ i,l .i. ____' WaR.71•I I! : . 7 60RO1� AS — T • I I I / N I {XISPNceR,Oep�7 1 N0 V7'2.1 2.1 Ej_ ,p r;:13 'is 'I / / I y '' I IS- '04S/I I fr 2 L_-dP.U1', l.__.1__� j i _ 20.00,, I ' I ;f'J '97 SQ.Fr.,v c.:v AQRl--°Y � I I1 I I I I .r; 1 :ti f i = E.r e WAN . erg • ' / is x m ice. d c;,:._„ / / i ' r O 1^ ^ CC:.:;C,/xi:/ ° ,, GRAPNlCAL SCALE ...„46,7,--,t-- � /-„, y 1 • 5-2 = 50'' 75 ' 0 28' ' • Sh'�c ET 2 0F2 — '� ✓OQ#2009-06••01-123 EXHIBIT A,A PARCEL OF LAND LOCATED WITHIN SECTION 1,T.3N. r� R.61W.,STN P.M. 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