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Home My WebLink About20102654.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #1000002 AGAINST DALE AND EVELYN MAJORS 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, Dale and Evelyn Majors, ZCV #1000002, 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 November, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jeff Engelman, representative, was present at said hearing and provided testimony, 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 February 9, 2011, to allow adequate time for the property owner(s) to file an appeal with the Board of Adjustment, or submit the application for a Site Plan Review permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #1000002 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Dale and Evelyn Majors 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 February 9, 2011, to allow adequate time for the property owner(s) to file an appeal with the Board of Adjustment, or submit the application for a Site Plan Review permit. Pb , L'iolCkep) i _ _ 2010-2654 PL0824 VIOLATIONS -ZCV#1000002- MAJORS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of November, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, LORADO ATTEST: Y:• u s Cv N�/!ii I •-T la Rademach•r, C air L Weld County Clerk to the Boa i� �iy �►f tLA'� 5 pr- 'ara Kirkmey ro-Tem De u Cler to the Board Sean P. C way APPROVE AST RM: i" Gf illiam . Gr is C7 nty Attorney EXCUSED David E. Long Date of signature: �Flr 2010-2654 PL0824 Violation Summary Report BASIC INFORMATION MAJORS DALE L & EVELYN 2911 GRANDVIEW DR GREELEY, CO 80631 Compliance Officer: Bethany Salzman Violation Number: ZCV10-00002 Situs Address: 207 E 18TH ST Legal: 12316 PT L6 NW4SW4 9 5 65 BEG AT PT 90' E OF W LN L6 N100' E150' S100'W150' TO BEG Location: Location North of and adjacent to E 18th Street and approximately 300 feet East of 1st Avenue North Municipal boundaries of Greeley South C-3 (Commercial) and R-1 (Residential) Zone Districts and Municipal boundaries of Greeley East C-3 (Commercial) Zone District and Municipal boundaries of Greeley and R-1 (Residential) Zone Districts West C-3 (Commercial) Zone District and Municipal boundaries of Greeley Parcel Number: 096109300021-R3334286 Acreage: 0.24 Certified Mail Date: 06/25/2010 Certified Receipt: 06/29/2010 09/23/2010 09/30/2010 Currently the property is in violation of: Chapter 23, Article 11(2), Division 3 "Site Plan Review" Section 23-2-150.C "No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered in any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planning Services." Chapter 23, Article 111(3), Division 3 Commercial Zone Districts 23-3-230 C-3 (Business Commercial) Zone District. 23-3-230.B Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District except for one (1) or more of the following USES which must be conducted in compliance with performance standards contained in Section 23-3-250 below. USES within the C-3 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 23-3-230.B.4 Gasoline service stations, car washes and VEHICLE SERVICE/REPAIR ESTABLISHMENTS. 23-3-230.B.10 Equipment or appliance repair shops. 23-3-230.B.11 CONTRACTOR'S SHOPS. REMEDY Based upon the office meeting you had with Tom Parko and Kim Ogle after the Violation Hearing adn as Kim Ogle indicated in his letter dated May 19, 2010, a Site Plan Review (SPR) application is necessary in the Commercial Zone District for any land, building or structure which is changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a Site Plan Review. If you have any questions regarding the application or process, please feel free to speak with any of our planners at (970)353-6100, Ext. 3540. RECOMMENDATION The Department of Planning Services recommends this case be forwarded to the County Attorney's Office with a delay of legal action for 60 days to allow the property owner additional time to complete and submit a Site Plan Review (SPR) application to the Department of Planning Sen/ices. 2010-2654 Violation Summary Report LETTER HISTORY 01/06/2010 Complaint Validated 01/06/2010 LTTR: 5 Day Letter 05/19/2010 LTTR: Violation Notice 06/25/2010 LTTR: Hearing Notification 08/10/2010 Remanded Back 09/23/2010 LTTR: Hearing Notification OTHER CASE HISTORY 01/06/2010 Office Visit CONTRACTOR CAME IN TO GET SOME PERMITS FOR A BUILDING THAT WAS BEING RENTED OUT TO SOMEONE WHO RUNS AN AUTO BODY SHOP. THERE IS NO SITE PLAN REVIEW ON THE C-3 PROPERTY TO RUN A BUSINESS. LINN DODGE WAS TOLD TO RELEASE THE BUILDING PERMIT PER DIRECTOR, TREVOR JIRICEK, BUT THAT A VIOLATION SHOULD BE INITIATED. THE CONTRACTOR WAS INFORMED OF THE VIOLATION AND HE SAID HE WOULD PASS THE INFORMATION ALONG TO OWNERS. 04/09/2010 Other I spoke to Kim Ogle regarding this case. I advised him that I was preparing to send a 30 day letter. He told me to wait. He said he needed to send a letter explaining why a SPR application was required. He said in that letter he would grant some sort of time frame for them to submit the application. I asked if I set a reminder out for 30 days if that would be enough time. He said that would work. 05/13/2010 E-Mail Received From: Kim Ogle Sent: Thursday, May 13, 2010 5:15 AM To: Bethany Salzman Cc: Tom Parko Subject: RE: Majors, Dale & Evelyn "ZCV10-00002" Bethany I have not responded back in writing to representatives for Dale Majors. I have spoken to him on the phone and he indicates that the tenant will be moving on and the property is vacant. Without a tenant on site it is difficult to provide guidance on what to do to complete the SPR. I have not checked the property in several weeks now, perhaps this would be the first step? Thanks for the reminder. Kim 05/14/2010 Property Inspected Upon a visual inspection of the property, the following items were noted: the most Western building has "18th Street Discount Grocery" operating out of it with an OPEN sign. The middle building (with the long arm) has Butch's Rod & Repair Shop- 352-8626 with an OPEN sign. The most Eastern and closest to the road building has KOOL Customs Repair& Service -673-8824 and as well had an OPEN sign in the window. No pictures were taken during this inspection. 05/27/2010 E-Mail Received E-mail received (see attachments). 06/29/2010 Certified Mail Receipt Certified receipt received - signed. 03/02/2010 E-Mail Received On Tue, Mar 2, 2010 at 6:27 PM, Jeff Engelman <jeff@gatewayselfstorage.net> wrote: Hello Kim &Ann, This is regarding case: ZCV10-00002 ... the property located at 207 East 18th Street, Greeley. Violation Summary Report I'm having a difficult time understanding the need & requirement for the SPR. I have looked at the Checklist several times since our Pre Application Meeting on 2/5. Everything that occurred on the property fits under"normal repairs and maintenance of an existing building or structure". This is specifically listed under the "Exceptions" section of the procedure guide. Some of the items in the SPR would need to be completed by the tenant-who is now in arrears and will likely be evicted. I would expect this to happen before the SPR is completed -which would mean that this process will be occurring on an empty building. In looking at this STR Guide, there are many items such as the map requirements that I couldn't do myself(or is a hand sketch acceptable). With delinquent tenants, Property Taxes, and Property Insurance all happening at the same time, any hired out tasks are not financially doable. The building was built as a "Service Station" in 1953 and is continuing as the same use. So, I'm baffled that we are asked to do this type of review after almost 60 years. I have some notes about a meeting with the county commissioners on 4/13@10am. I don't feel that I was provided any information for why such a meeting was called and would appreciate anything you can provide me regarding the subject/ intention of this meeting. If there are specific tasks that needed resolution then I'm more than willing to work on them. It's just really difficult to understand why I'm asked to complete a 16 page guide of tasks when nothing has changed. Best Regards, -Jeff 03/19/2010 E-Mail Received On Fri, Mar 19, 2010 at 3:24 PM, Jeff Engelman <jeff@gatewayselfstorage.net> wrote: Hello Kim &Ann, I'm just following up since I never received a reply. I remember a discussion that your offices were moving from downtown to the O Street complex but didn't recall the specific move dates. I just wanted to ensure that my prior email was not lost. Best Regards, -Jeff 05/27/2010 E-Mail Received From: Jeff Engelman <jeff@gatewayselfstorage.net> Date: Thu, May 27, 2010 at 9:00 PM Subject: Re: Site Plan Review To: Kim Ogle <kogle@co.weld.co.us> Cc: Ann Siron <asiron@co.weld.co.us> Hello Kim, I received your letter dated 5/19. Please send me the SPR application form as a MS Word document so I can start to fill it out. Violation Summary Report Please note that I still do not concur with the requirement or need to do a SPR. From the detail in your letter, I'm unable to conclude why the assumptions in the forwarded email below are invalid. I will prepare the SPR but at this time, we do not have funds to pay the requested application fee. We are willing to make improvements to the property to mitigate known problems, but we cannot sustain costs that do not raise the property value or ability to produce additional revenue. My intent is to mitigate immediate problems. My initial concern is the storm water drainage. I have attached a few documents that show that I am moving forward with this issue. I initially contacted the city about their storm water fees and our ability (really inability) to use their storm water system. This spurred the letter from the city. I then had the property surveyed to identify elevations & building locations. I'm in the process of considering an engineered storm water plan that I could take to the city for acceptance. At that point, I hope to get the county involved again in this process. I would appreciate your cooperation and acceptance of this approach. Thanks, -Jeff 07/08/2010 E-Mail Received From: Jeff Engelman [mailto:jeff@gatewayselfstorage.net] Sent: Thursday, July 08, 2010 7:47 AM To: Bethany Salzman Subject: Fwd: Site Plan Review Good morning Bethany, I recently received you letter dated 6/25/2010 regarding case ZCV10-00002. I would appreciate knowing the exact reason for the violation that is causing the desired Site Plan Review. The referenced Weld County Code states many reasons. As I stated before, the building has had no change in use and from my understanding, complies with the code. A response stating the exact problem - no just restating the code -would be extremely helpful. Best Regards, Jeff Engelman Property Manager 303-250-7754 07/13/2010 E-Mail Sent From: Bethany Salzman Sent: Tuesday, July 13, 2010 11:06 AM To: "Jeff Engelman" Cc: Kim Ogle Subject: RE: Site Plan Review As stated in Kim Ogle's letter dated May 19, 2010: Violation Summary Report "You stated that the 207 E. 18th Street building was built as a "Service Station" in 1953 and is continuing as the same use. This is accurate, however, the County Code speaks to the application and administration of the Site Plan Review, stating no land, building or structure shall be use, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planning Services. This structure was vacant for an unknown period of time, there were internal improvements and an inspection by the Department of Building Inspection, and there was a change in occupancy from the previous tenant to Kool Custom Repair& Service shop, a muffler and brake repair shop. Staff was provided with no notice of the previous tenant, nor did representatives for the Trust so indicate that the current tenant held a long standing relationship with the building. Given these findings, it remains our position that a Site Plan Review is required for a vehicle services establishment." Should you have evidence to the contrary, please provide it to staff for the record. 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 07/16/2010 E-Mail Received From: Jeff Engelman [mailto:jell@gatewayselfstorage.net] Sent: Friday, July 16, 2010 2:00 PM To: Bethany Salzman Cc: Kim Ogle Subject: Re: Site Plan Review Hello Bethany, I apologize but I still do not understand the reason to perform the SPR and no additional explanations are being offered. The reasons listed in Kim Ogle's letter dated 5/19 are general and could apply to most property in the county. I can't help but think that there is another reason for this request but nothing additional is offered. I could try to analyze each item in Kim's letter, but this will lead to the continued exchange of letters and emails. This doesn't seem to be a good use of anyone's time. In my May 27th email, I attached a plat drawing of the property and letter from the city about storm water. I offered an approach of mitigating specific concerns (water drainage) without an SPR. I stated that this would be my desired approach but never received a reply if it would be acceptable. I also stated that a fee for a SPR was not Violation Summary Report possible but never received acknowledgment that it could be waived. If the approach of mitigating problems without a SPR is unacceptable, then please identify and thoroughly explain each reason and discovery date for all issues leading to this SPR request. As background information, please remember that this property has been in the family since the early 1970s and has always been managed and/or operated in the same manner. I welcome any suggestions that could resolve this issue and/or provide relief of this request. Best Regards, -Jeff 07/26/2010 Other Kim Ogle, Planner, sent a courtesy letter responding to the 07/16/10 e-mail from Mr. Engelman. 08/05/2010 Office Visit Jeff Engelman, Tom Parko, Kim Ogle and I met at the Greeley Planning Office. Mr. Engelman expressed his belief of not needing a Site Plan Review. Kim Ogle explained why staff is requiring a Site Plan Review (SPR). He explained that the Board of County Commissioners will make the decision and findings at the Violation Hearing on Tuesday. 08/09/2010 Property Inspected Upon a visual inspection of the property, the following items were noted: all 3 (three) tenants are still operating. See pictures dated 08/09/10 08/11/2010 Office Visit Kim Ogle & Tom Parko met with Mr. Engelman at the Greeley Planning Office. 08/17/2010 Office Visit Kim Ogle & Tom Parko met with Mr. Engelman at the Greeley Planning Office. 09/30/2010 Certified Mail Receipt Certified Receipt received -signed. 10/28/2010 E-Mail Received Mr. Engelman e-mailed Trevor Jiricek and copied Tom Parko, Kim Ogle and I. His request was regarding the SPR requirements. He also requested a waiver of all application fees. DMC Corporate Office: Mailing Address: 2911 Grandview Dr. 18110 Wagon Trail Greeley,CO 80631 Mead,CO 80542 Dale Majors Corp Phone: 970-535-4776 Mobile: 970-460-6363 October 28, 2010 Trevor Jiricek, Planning Director Weld County Department of Planning Services 1555 N. 17th Ave 970-353-6100 x-2214 Greeley, CO 80631 tiirirek@co.weld.co.us RE: Case ZCV10-00002 Dear Director Jiricek, The property for the referenced case has been in the Major's family since the early 1970s. The property was first owned by"Dale L Majors &Evelyn E Majors". Upon Dale's passing, the property was moved into the "Dale L Majors Family Trust"and is now managed by the "Dale Majors Corp". I received notice for a 2nd meeting with the Board of County Commissioners which is scheduled for 11/09/2010. The cover letter stated that I met with Tom Parko and Kim Ogle after the 1st Violation Hearing on August 10, 2010. There were no timeframe requirements stated in the Resolution from the 1st meeting with the Commissioners or in the meeting I had with Mr. Parko &Mr. Ogle. No follow-up documentation was sent, so I was not aware of a requirement to complete this task immediately. My intentions were to start this project during the winter months,allowing me to focus on outdoor projects while the weather is still nice. I apologize for misunderstanding the schedule and for any additional work that this has caused your department. The following are some of the difficulties with this property: 1. Reasons for Non Compliance It's been stated that a Site Plan Review(SPR) is needed because of a"Change in Use" and that we are currently in a non compliance status. My knowledge of this property goes back appropriately 22 years. I was not actively involved in the management of the property prior to my father-in-law's passing, but we did have discussions about the tenants and activities during that timeframe. To my knowledge, it has always been managed in the same manner. Any correspondence from the county about the'change in use'has been vague with undocumented claims. The planning department asked me to provide rental history&vacancies to prove that the property has not changed in use. The family did not keep expired rental agreements since many of the previous tenants moved without notification and provided no forwarding addresses, This was common since most were trying to avoid their unpaid bills. Appendix A provides satellite imagery from the City's GIS site showing no significant change in activities-except for the amount of clutter on the property. I do not share the urgency to correct a situation that has existed since the family has owned the property and prior to the SPR requirement. Properties: Gateway Self Storage 2600 36th Ave:Greeley,CO 80634 East 18th Street Properties 127,131,&207 East 18th Street:Greeley,CO 80631 West Point Office Building 920 54th Avenue:Greeley,CO 80631 Dale Majors Corp DMC 2. Surrounding Family Owned Property There is one building on the property in violation which was originally built as a Service Station. It is surrounded by property (refer to Appendix B) also owned by the "Dale L Majors Family Trust". ZIT h,u _ 'r_7 ��,.✓rr"�, A. } Sp j tr* rit �� >rA , .IF *Sk. "rag, g GFEEL;gEYy'' I ry !bk � `W Yt N 9 • ilraita t 6 6- 1 R..,d 1 , AI � �.'P^ A ad' Dl ' a .+. w a „•r ti .. -,. Stte.x At the August meeting, Mr. Ogle said that the properties were originally a single parcel and the procedure to split the parcels was not performed correctly. I don't recall the exact wording and would appreciate a written description of this problem. Developing a storm water drainage system for only the property in violation would be difficult. The drainage for the two parcels should be done as one. If the property was not split correctly, then it seems best to correct the situation. I would appreciate your help to accurately describe the problem with the separation of the properties and suggestions/assistance to correct. 3. Property Neighbor to the East The property to the east is an integral part of the drainage and access because of the boundary problems that affect the property owned by the Trust. rt•6 s t 'va^ t< MY } ya� •i� y I ₹ l !lr 3 .• �F .!' 1 I �d ONEELEY r• 2 l Dale Majors Corp DMC This property was previously owned by the Majors family during the 1970s/1980s and I believe was sold during the 1990s. It is currently owned by Jay Freese of Freese Engineering. The access and boundary problems were most likely created by splitting the property and were probably done incorrectly- similar to the problem in item 2 above. It seems best to correct this issue before starting a SPR for the Trust property. Mr. Freese has no reason or desire to do anything about the problems that intertwine with the Trust property. I am uncomfortable developing a plan that has dependencies upon a 3rd party property owner that is not motivated to help with a solution. Isolating the property by creating a SPR for the Trust property by itself will render some of Mr. Freese's property unusable and create an access problem onto a state highway. I am unsure how to resolve this issue unless the county requires Mr. Freese to join in the SPR process. I would welcome other solutions and recommendations. 4. Waiver Request for the SPR Fee&Future Fees The property produces enough rental income to pay the property taxes,insurance,and a small return on the investment when the expenses are minimal. If the expenses increase then the property quickly becomes a lost. This area of town/county does not bring in the best tenants. Prospective tenants have very limited funds and work month to month with payments. Depending on improvements to raise the property value in these economic times is not good assumption. Improvements made to this property will take years to return in our current environment. Raising rents will most likely result in empty buildings. It's important to us to keep a balance of improvement cost, future value,and the ability to bring in additional rent. I would like to start the SPR process but the cost of the application and follow on permits alone will make the project impossible to pursue. Several family members can help improve the condition of the structure by doing the labor ourselves - keeping improvement costs low. We can work through the SPR application further reducing costs. We are requesting that the application and permit fees be waived.This would allow us to start the SPR and improve the property appearance. We would appreciate your cooperation with this request. 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Q, tog '• •i 6E i�t. ; =rf a -- gI. L.. sI 0 iE: 1a1 1 T. a . %: 1. 2 // . L • i' . e - v u v. �f 4.57 z€ ..-_. _.. .. - i Sr)3 L•' Y 1 •,5 I 1 Q .,., u • a .. — . -- ... .... • 2 _. ,(Y'1 L. M.KAI.mV S i 4aCT1: ,M.USIW11 J.. - 4 t a € �w1.Yf 9 1 b1.1 b • Lt 4 1 L t a9 i Ii2 II Y f ].! L .1 ! 1 �i t- - } .] ......_ f� viii'>. I ;E g ₹ !43 r 4 94 '3� ; 4 • ILI e H _ i,.c ?]'F i •t • 3t1 01 o c Y'{"1 F._ I In 1 c.: - a o C —0 I ,1 CI) • la'S•9[�"•3.Ii.L0AUN W 4.71311.11'9 LSi.M KW 111L 11114O f\111117M j P1 MEW Mvia.1n3113311 5 Z k 1.r S airtirt;\\:, hiDe COLORADO DEPARTMENT OF PLANNING SERVICES Bethany Salzman Zoning Compliance Officer II 1555 N 17th Avenue Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail: bsalzman@comeld.co.us September 23, 2010 MAJORS DALE L & EVELYN C/O JEFF ENGELMAN 2911 GRANDVIEW DR GREELEY, CO 80631 Case: ZCV10-00002 Legal Description: 12316 PT L6 NW4SW4 9 5 65 BEG AT PT 90' E OF W LN L6 N100' E150' S100' W150' TO BEG Dear MAJORS DALE L & EVELYN: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 11/09/2010 10AD AM The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article ll(2), Division 3 "Site Plan Review" Section 23-2-150.C "No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered in any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planning Services." Chapter 23, Article 111(3), Division 3 Commercial Zone Districts 23-3-230 C-3 (Business Commercial) Zone District. 23-3-230.B Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District except for one (1) or more of the following USES which must be conducted in compliance with performance standards contained in Section 23-3-250 below. USES within the C-3 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 23-3-230.B.4 Gasoline service stations, car washes and VEHICLE SERVICE/REPAIR ESTABLISHMENTS. 23-3-230.B.10 Equipment or appliance repair shops. 23-3-230.B.11 CONTRACTOR'S SHOPS. iggig C COLORADO DEPARTMENT OF PLANNING SERVICES Bethany Salzman Zoning Compliance Officer II 1555 N 17th Avenue Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail: bsalzman@co.weld.co.us To bring your property into compliance with the Weld County Code: Based upon the office meeting you had with Tom Parko and Kim Ogle after the Violation Hearing and as Kim Ogle indicated in his letter dated May 19, 2010, a Site Plan Review (SPR) application is necessary in the Commercial Zone District for any land, building or structure which is changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a Site Plan Review. If you have any questions regarding the application or process, please feel free to speak with any of our planners at(970)353-6100, Ext. 3540. 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, SI pp Bethany Salzman_ Zoning Compliance Officer II pc: ZCV10-00002 o y N N N .L."-' En y C N U 1......y< y L 0Q Q } Z e N ❑ ❑ ❑ ❑ al N Te n2I i dL. J fto toN NDg � OILr"" au'] � ciru� 1 ❑90g- s% o ECI- U.S. Postal ServiceTN \ - a 8 $ o Er 43 N CERTIFIED MAIL. RECEIPT 3 0cr) H t 2 _. ru (Domestic Mail Only;No Insurance Coverage Provided) c � $z LLJ ^�chi�cc s .r, o a •r•slivetr. ry lnf rmati nvisit•ur we•site at www.us•s.C rr� • �" "" '' CC J. L�.� � ¢ p Ir Q K ai !�0 ai v E 0" O ca en C Postage $ O 9 nJ a rg m O Certified Fee co 11). m -cc( o O Rehm Reciept Fee Postmark N ( C S. ' mO (Endorsement Required) Here • EO 9 N 0 E2_,-- 0 r- Restricted Delivery Fee O « O t y� 7- Restricted /'� (Endorsement Required) 0 V o « « ui i.-- ' T-/ ra a m in p« 1 �. : G ") ij a Total Postage&Fees $ vi U �, J 11 �y czd 11 p O OSent m 0 m c L 0 W _� N m r Street,Apt N0.; US-W-C)i �( N yt m o / u aorPO Box No. 1 ': V . y• U d �1 y LL�_1lei ' E'« E ' co'm City,,Stare,ZIP+ n • !N., m c u o Q t a E 0 ccS farm 3ai. June 2.i2 See. everae torinatractl ns' m▪ .— O "'.L. Q -�, '� ) z co nv > mt iE EEc« m `o .9. .' - `✓ u c t1 DEPARTMENT OF PLANNING SERVICES Bethany Salzman Zoning Compliance Officer II 1555 N 17th Avenue Greeley, CO 80631 O Phone 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail: bsalzman@co.weld.co.us COLORADO • June 25, 2010 MAJORS DALE L & EVELYN 2911 GRANDVIEW DR GREELEY, CO 80631 Case: ZCV10-00002 Legal Description: 12316 PT L6 NW4SW4 9 5 65 BEG AT PT 90' E OF W LN L6 N100' E150' S100'W150'TO BEG Dear MAJORS DALE L& EVELYN: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: .08/10/2010 • 10:00 AM The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 11(2), Division 3 "Site Plan Review" Section 23-2-150.C "No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered in any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planning Services." Chapter 23, Article 111(3), Division 3 Commercial Zone Districts 23-3-230 C-3 (Business Commercial)Zone District. 23-3-230.B Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District except for one (1) or more of the following USES which must be conducted in compliance with performance standards contained in Section 23-3-250 below. USES within the C-3 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 23-3-230.6.4 Gasoline service stations, car washes and VEHICLE SERVICE/REPAIR ESTABLISHMENTS. 23-3-230.B.10 Equipment or appliance repair shops. 23-3-230.B.11 CONTRACTOR'S SHOPS. To bring your property into compliance with the Weld County Code: As Kim Ogle indicated in his letter dated May 19, 2010, a Site Plan Review (SPR) application is necessary in the Commercial Zone District for any land, building or structure which is changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a Site Plan Review. If you have any questions regarding the application or process, please feel free to speak with any of our planners at(970)353-6100, Ext. 3540. Page 1 of 2 Report ID: CODE000005v002 Print Date -Time: 6/25/2010 7:47:21AM t DEPARTMENT OF PLANNING SERVICES Bethany Salzman lr Zoning Compliance Officer II W(11 IiDt 1555 N 17th Avenue Greeley, CO 80631 Phone 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail: bsalzman@co.weld.co.us 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 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, ethany&wt Zoning C pc: ZCV10-00002 U.S.Postal Service Tr., CERTIFIED MAIL,,, RECEIPT to (Domestic Mail Only;No Insurance Coverage Provided) co P•rdelivery inf•rmati nvisit•ur wa•site at vrvrw.us• . m m r` Postage $ Certified Fee - O Postmark Return Receipt Fee Here (Endorsement Required) In Restricted Delivery Fee (Endorsement Required) O Fri Total Postage&Fees $ ru Sent 70 m0 64 rQatfL evciitip O Street,Apt.Na.; _1_I O or PO Box No. r" [City State,ZIP+ t t SF rm 30r r,Au us1Dr. See averse t•r lnstrucii ns Page 2 of 2 Report ID. CODE000005v002 Print Date-Time: 6/25/2010 7:47:21AM SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete, • A. Signature Item 4 if Restricted Delivery is desired. X r ❑Agent ■ Print your name and address on the reverse CJn '/'h'y1�1 ❑Addressee so that we can return the card to you. B. Received by( 'nted Ns♦m C. Date of Delivery • Attach this card to the back of the mailpiece, —A2_ D or on the front if space permits. IIII 22 D. I-,1.-' Btl Yes 1. Article Addressed to: I fl' iry J�eMIN No Nc�, _. Eveh� �' t JUN 79 7i>>n Ft t v G I iiiai) r. A _ Itr�{P 1l�D CAW Cei ft(i ei) 3. Sery E i V E i/ 1 *Certified Mail O Express Mail 1 ❑Registered O Return Receipt for Merchandise ❑ Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7008 3230 0000 0473 3868 (Transfer from service label) PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540 Bethany Salzman From: Kim Ogle Sent: Monday, May 31, 2010 8:54 AM To: Bethany Salzman Cc: Tom Perko; Donald Carroll; Heidi Hansen Subject: FW: Site Plan Review Attachments: East18thSt_City_Stormwater 2010-03-31.pdf; East18thStreet_Project-2010-20 PreliminaryPlatOfSurvey.pdf Please find attached the response received from Mr. Engelman concerning his property"Dale majors Trust" at 207 East 18th Street, Weld County From: Jeff Engelman [mailto:jeff@gatewayselfstorage.netj Sent: Thursday, May 27, 2010 9:00 PM To: Kim Ogle Cc: Ann Siron Subject: Re: Site Plan Review Hello Kim, I received your letter dated 5/19. Please send me the SPR application form as a MS Word document so I can start to fill it out. Please note that I still do not concur with the requirement or need to do a SPR. From the detail in your letter, I'm unable to conclude why the assumptions in the forwarded email below are invalid. I will prepare the SPR but at this time, we do not have funds to pay the requested application fee. We are willing to make improvements to the property to mitigate known problems, but we cannot sustain costs that do not raise the property value or ability to produce additional revenue. My intent is to mitigate immediate problems. My initial concern is the storm water drainage. I have attached a few documents that show that I am moving forward with this issue. I initially contacted the city about their storm water fees and our ability (really inability) to use their storm water system. This spurred the letter from the city. I then had the property surveyed to identify elevations & building locations. I'm in the process of considering an engineered storm water plan that I could take to the city for acceptance. At that point, I hope to get the county involved again in this process. I would appreciate your cooperation and acceptance of this approach. Thanks, -Jeff On Fri, Mar 19, 2010 at 3:24 PM, Jeff Engelman <jeff( ,gatewayselfstorage.net> wrote: 1 Hello Kim & Ann, I'm just following up since I never received a reply. I remember a discussion that your offices were moving from downtown to the O Street complex but didn't recall the specific move dates. I just wanted to ensure that my prior email was not lost. Best Regards, -Jeff On Tue, Mar 2, 2010 at 6:27 PM, Jeff Engelman <ieff@gatewayselfstorage.net> wrote: Hello Kim & Ann, This is regarding case: ZCV10-00002 ... the property located at 207 East 18th Street, Greeley. I'm having a difficult time understanding the need & requirement for the SPR. I have looked at the Checklist several times since our Pre Application Meeting on 2/5. Everything that occurred on the property fits under 'normal repairs and maintenance of an existing building or structure'. This is specifically listed under the 'Exceptions' section of the procedure guide. Some of the items in the SPR would need to be completed by the tenant - who is now in arrears and will likely be evicted. I would expect this to happen before the SPR is completed - which would mean that this process will be occurring on an empty building. In looking at this STR Guide, there are many items such as the map requirements that I couldn't do myself (or is a hand sketch acceptable). With delinquent tenants, Property Taxes, and Property Insurance all happening at the same time, any hired out tasks are not financially doable. The building was built as a 'Service Station' in 1953 and is continuing as the same use. So, I'm baffled that we are asked to do this type of review after almost 60 years. I have some notes about a meeting with the county commissioners on 4/13@10am. I don't feel that I was provided any information for why such a meeting was called and would appreciate anything you can provide me regarding the subject / intention of this meeting. If there are specific tasks that needed resolution then I'm more than willing to work on them. It's just really difficult to understand why I'm asked to complete a 16 page guide of tasks when nothing has changed. Best Regards, -Jeff 2 (;roof/ \� C T reeleyad° Great.From the Ground Up. Mr. Jeff Engelman March 31, 2010 General Manager 18110 Wagon Trail Mead, CO. 80542 Re: 127 East 18th Street Weld Greeley, CO 80631 This correspondence concerns the drainage of the property located at 127 East 18th Street,Greeley, Colorado. The drainage between 207 and 127 East 18th Street is inadequate allowing for standing water to accumulate in this area. There is a stormwater catch basin(designated as D on the attached drawing)along the southern boundary of the property adjacent to East 18th Street. This catch basin is connected to a 42 inch stormwater main which runs to the east. The Stormwater Management Division recommends that the property owner consult with an engineer to install two catch basins at the low spots, in front of the building at 127 East 18th Street. Catch basin A would drain the west side of the property and catch basin B would drain the east side. This would help alleviate the existing drainage problem, and with some minor grade work the area's drainage should be improved. In addition catch basin's B1 and B2 could be added and connected to catch basin B to further improve drainage. It would he easier to connect all drains to the back of the existing catch basin on E. 18th Street because most of the work would be outside the City right-of-way (RJW) of the street. If connection were to be made at point C then a manhole would need to be added on the large 42" main to facilitate cleaning. Catch basin B could be connected to catch basin A to avoid a connection at point C. New drain lines should be a minimum of 12 inches in diameter and 18 inches is even better. This is caused by the need for cleaning, especially in gravel areas where large quantities of sediment are generated. Work in the City R/W and connection to the City stormdrain requires a permit from the City. Drainage for the property could also be improved by paving the surface; however an increase in impervious surface area would require detention of the stormwater generated. Costs for all these drainage facilities must be born by the property owner. Please contact the City of Greeley Stormwater Management Division at 336-4074 with any questions regarding this drainage concern. Sincerely, Ronald Hoagland, P.E. Stormwater Division Manager City of Greeley Public Works Department-stormwater Management Division • 1001 9th Avenue,Greeley,CO 80631 • (970)336-4074 Fax(970)336-4019 We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service. �) 1 vFpr ;,. 4.w r fw` p. - p. ...-.,W U.0 igrar c ; Q�—� •- - {� r tity ✓� • I 011 c.t __,-‘•-•:-',•.;',`,•••:•74,_••••,•'',,yl•c,a .ta • f_. _ tr1•ar' r�ity CL) vim, tyS. +:q rTJ' ar ...,:,-0•:-',', �` , 1 f1 E J r xi tr 4%• .:7'��i 'k is • 'W • c pr .�'' yY ,3.' "f °"L , _ FiS,' _ air.+ si?-, •r . a Gr r. -� i .r! :: T•I r O ni 1 - a ww•�'b. ₹ Y •-•,1' 14ii • L - E +. IIIV CI a YY :. .........._. C';1 t {y i "1 •t,,: .:St ia.. a s -+ y `: j`f , St• si-1 f ry.l ... 11 * T ,,,�,,.' '_ eL" . 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(SDWaYdE13O SISVio Kim Ogle From: Lin Dodge Sent: Monday, July 19, 2010 9:20 AM To: Kim Ogle Subject: RE: Site Plan Review Dale Majors bought the property 3/1/77 from RMB Fastener Corp (rec# 1712497) Only one building permit in the past 20+ years: BCR10-00008 : NEED GAS LINE AND TEST INSPECTED ON EXISTING BUILDING BUILT IN 1953 - PER ATMOS - GAS TURNED OFF DUE TO METER REPAIR - 01/11/10 - AMEND PERMIT TO INCLUDE A 75,000 BTU FURNACE AND UNIT HEATER THAT WAS INSTALLED W/OUT A PERMIT- ELECTRIC INCLUDED - INVESTIGATION FEE INCLUDED PER KEN SWANSON - FEES PAID(BJM) - 1/25/10 - AMEND PERMIT TO INCLUDE CIRCUIT BREAKER BOX PER KEN - FEES PAID (LIN) SLIC: It was difficult to verify on SLIC which property these permits were for since the legal is the same, but here is what I found: 1973 — BP03556 — add bath / offices 1975 — BP05315 — shop 1977 — EP09813 — split service into 2 separate meters 1978 — BP11470 —add locker rm/bath 1978 — BP12832 — remodel,elec,block bldg 1983 — BP20590 - new bldg at 1700 1s` Av 1984 — BP24472 — sign for 127 E 18 ST Lin Dodge, Building Technician Weld County Planning Services Ft Building Inspection 1555 N. 17th Avenue Greeley, Colorado 80631 970-353-6100, ext. 3574 ldodge@co.weld.co.us From: Kim Ogle Sent: Sunday, July 18, 2010 9:58 PM To: Lin Dodge Subject: FW: Site Plan Review Good morning Lin Please provide the building history on this property. Say two years back to current. Thanks, Kim From: Jeff Engelman [mailto:jeff@gatewayselfstorage.net] Sent: Friday, July 16, 2010 2:00 PM To: Bethany Salzman Cc: Kim Ogle Subject: Re: Site Plan Review Hello Bethany, 1 #41} DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 No. 17t Avenue WI I P Greeley, Colorado 80631 C E: www.co.weld.co.us O E-MAIL:MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 COLORADO • FAX (970) 304-6498 May 19, 2010 Dale L. Majors Family Trust Go Jeff Engelman 2911 Grandview Drive Greeley, Co 80631-9427 Subject: Property located at 207 E. 18th Street Permit#: ZCV10-00002 Dear Mr. Engelman: The Department of Planning Services is providing a follow-up response to the February 5, 2010 pre- application meeting which was attended by you as representative to the Dale L. Majors Family Trust. Representatives with Weld County met with you concerning the land use violations associated with the property identified as 207 W. 18th Street which were a result of a building permit application. As part of the review of the building permit, staff reviews the property for compliance with the existing Site Plan Review and verifies that the uses associated with the property are in compliance with the documents of record. In this instance staff determined that a building permit was required for the site improvements and a Site Plan Review was required for on-going commercial uses on lands zoned Business Commercial, C-3. As staff indicated during the pre-application meeting, by definition, the intent of the Site Plan Review procedure is to provide present and future residents and users of land in the County a means whereby orderly and harmonious development is ensured in the County. Site Plan Reviews require additional consideration to ensure that the uses permitted are established and operated in a manner that is compatible with existing and planned land uses in the neighborhood. The regulation of Site Plan Reviews is designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the County. A Site Plan Review is required for uses in the following Zone Districts: all Commercial Zone Districts, It is the position of this office that commercial activity is on-going on the property and has no land use permit in place, hence the request for the property owner and the current tenant to complete the appropriate land use application. As indicated at the February 5, 2010 meeting the application is administratively approved by staff with conditions that will require follow-up with either referral agencies or County departments. You state that the 207 E. 18`" Street building was built as a 'Service Station' in 1953 and is continuing as the same use. This is accurate, however, the County Code speaks to the application and administration of the Site Plan Review, stating no land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planning Services. This structure was vacant for an unknown period of time, there were internal improvements and an inspection by the Department of Building Inspection, and there was a change in occupancy from the previous tenant to Kool Customs Repair & Service shop, a muffler and brake repair shop. Staff was provided with no notice of the previous tenant, nor did representatives for the Trust so indicate that the current tenant held a long standing relationship with the building. Given these findings, it remains our position that a Site Plan Review is required for a vehicle services establishment. Staff understands that the land use application may be daunting, and we are available to assist in the preparation of the hand crafted map required and are able to provide direction on how to obtain the required documents for an application for processing. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you for your inquiry. incerely, Ki gle Planning Services ec: T.Jiricek,Director T.Parko,Planning B.Salzman,Compliance File: ZCV10-00002 Property research 9-5-65 ^;Or • .ir, ,. ..., , .„, ..,,.. , ae ai "!t ax `S , c,bc) 7s, ` • ,,..:0,,,,r,., cs,„„ MME ..> { „.„..: , ..„4,44 b E cD A. v_ t+� _ t ; g 111 �. ,.� a '-^ xdw R eiiiiiwy 21 , 4,r:4',..-,t # ',-,..7, � .J.. Y5ia ?lF�. ,.A $ fit` 71 • .,... ,:.-- r� :4• r r x gyp Y c e , •Milit, •O- -,: ii, � �' J 5w �,y�. � 4F � pLa CO 1 g lFro .. ♦ r^f' .Y w 0.4 .4... ..v. .. i.t ' vi- . 0 ..... , is.,4,,, _,,, ,:;„ 4, , 1..‘ • . • . .. . L.TAily . ...f i' ec. '' -'..'1 'a Fn - > . 4\ k 4 ,t Hello Kim & Ann, This is regarding case: ZCV10-00002 . . . the property located at 207 East 18th Street, Greeley. I'm having a difficult time understanding the need & requirement for the SPR. I have looked at the Checklist several times since our Pre Application Meeting on 2/5, Everything that occurred on the property fits under 'normal repairs and maintenance of an existing building or structure'. This is specifically listed under the 'Exceptions' section of the procedure guide. The site plan review application is being requested as the property was vacant Some of the items in the SPR would need to be completed by the tenant -who is now in arrears and will likely be evicted. I would expect this to happen before the SPR is completed -which would mean that this process will be occurring on an empty building. In looking at this STR Guide, there are many items such as the map requirements that I couldn't do myself (or is a hand sketch acceptable). With delinquent tenants, Property Taxes, and Property Insurance all happening at the same time, any hired out tasks are not financially doable. The building was built as a 'Service Station' in 1953 and is continuing as the same use. So, I'm baffled that we are asked to do this type of review after almost 60 years. I have some notes about a meeting with the county commissioners on 4/13@10am. I don't feel that I was provided any information for why such a meeting was called and would appreciate anything you can provide me regarding the subject/ intention of this meeting. If there are specific tasks that needed resolution then I'm more than willing to work on them. It's just really difficult to understand why I'm asked to complete a 16 page guide of tasks when nothing has changed. Best Regards, -Jeff Print Form Submit by Email WELD COUNTY PRE-APPLICATION REVIEW REQUEST • The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required prior to beginning the application process; however, this review is not an application. Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and 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 shalt 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: Jeff Engelman Phone: 303-250-7754 Fax: none Email: Jeff@GatewaySelfStorage.net Address: 18110 Wagon Trail,Mead,CO 80542 Project Description: Site Plan Review Property Information: Section-Township- 05-65-09-3 Zoning C-3 Range Parcel Number 096109300021 Acreage 0.3444 Site Address 207 East 18th Street,Greeley,CO Water Source City of Greeley Legal Description see attached pages Sewer Septic Owner Name Dale L Majors Family Trust Is this property currently in violation? r Yes r No Case Number ZCV10-00002 Preferred date and time for meeting: morning of Thur(2/4)or Fri(2/5) Office Use Only Project Title: Description: Review Date: Meeting Date/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: • Brief project narrative explaining request ❑x Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑x Existing contours and proposed grades ❑x Conceptual drainage n Conceptual building elevations U Conceptual landscape plan FOR (USR) USE BY SPECIAL REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades E Conceptual drainage ❑ 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 ❑ Conceptual zoning map showing current and proposed zoning ❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Dale Minot s Corp 207 Fast 1811 Street Greeley, CO 80631 Brief Project Description January 29, 2010 Legal Description 12316 PT L6 NW4SW4 9 5 65 BEG AT PT 90' E OF W LN L6 N100' E150'5100'W150'TO BEG Site location ir' 1 j �g -, b-s" !4 4 1 T4 y 11 `Ii 3 ; ` .1:-Ka9 1 I i t f ; ' ,1, eti I r ,L$ _r�aL.v .t' Tv. .l l i I 1 11'l .,443layy ter,, r i tr. 7 I 1 ��Z I ,�s y ,EEL_ -!: � . — ,l. A r ) a^6' EEL ,:„:4., iuL iM+1 I .. re+ f Fr. 4.. . die.` r. a._ ,, "' w ii 4I 1{ 11:1" ,- I s •�9' i�( � � F � �n � - ry „ r 4 Ir' l 1 �.d o ' , u00g!^et 3,,,,- Detail , s a '._fit; I -` d t- ,fir wL. Y„ +u l '.,_ 4mai i x iiiiiat20411 v. ..-.cr +M ryp.a! 1 � kI n a 3 • #r r � n ..`tea,pa ,�s"-.11�"`- w 5 ,r�"; 4 Y: „� ,d ,. d . 5f 151 Page 1 of 3 Dale Majors Corp 207 East 1(S'" Street Greeley, CO SOGII Ownership County records reflect the ownership as"Dale L. Majors & Evelyn E. Majors". However,this parcel was deeded to the "Dale L. Majors Family Trust" on 12/23/2009. The property is being managed by the "Dale Majors Corp" (DMC) with Jeff Engelman as DMC General Manager. DMC corporate office is 2911 Grandview Drive, Greeley, CO 80631 Mailing address is 18110 Wagon Trail, Mead,CO 80542 The parcel is currently leased to "Kool Customs Repair&Service" with Greg Perkins and Daniel Gregg as business owners(970-599-4014) Property description: • Built 1953 • 1372 sq ft • 8" block walls—low quality Stucco finish • Steel casement windows • Flat roof North • Concrete floors 49 • Forced air heat office/restroom heater&garage unit 12 1950's heater—both new in 2010 Gas Station • Hot water heater 28 16 • 100 amp Fuse Panel—new in 2010 • Garage doors—10 x 10 — — — 21 28 • Rooms o Office with attached unisex restroom Booth o Outside restroom—no pumping—used for storage o Utility room for heater,water heater,electrical panel, water shutoff Brief project narrative explaining request The parcel is an old gas station built in the early 1950s. I recently rented the space to Kool Customs, Repair&Service that specializes in mufflers& brakes. County Code-Chapter 23 - Intent and Uses Allowed parts of"Sec. 23-3-230. C-3 (Business Commercial) Zone District" allows this use on the property as specified in item "4. Gasoline service stations, car washes and VEHICLE SERVICE/REPAIR ESTABLISHMENTS." This application is to request approval and continuance of this historic use. Page 2 of 3 Ualc Mojors Corp 2(17 List 180i St'cct Greeley, CO 80631 Conceptual site plan showing all structures, parking, nearby roads, and driveway access Photos show existing structure and parking. Additional photos will be available at the plan review meeting. ra tr`r4 t d ' @Yqr" :;' t�' is%,', 27;1....k; r} '; °r,:� + : ee „ -4n Existing contours and proposed grades The current contour is essentially flat—possibly has a very slight slope toward 18th Street. Conceptual drainage There are no plans to modify drainage. Conceptual building elevations There are no plans to modify building elevations. Conceptual landscape plan There are no plans to modify the landscaping. Page 3 of 3 Print - Maps Page 2 of 2 lit • •„ 4 A • %all ,i .- a I. 9F es,e. -,0 Ira 7er �'- r Is 41/4 *lit '' p 'w v • k 4 0 .r Bus a:-it41I '..A• r'2• Bus B P r . . t. 1 34 E 187h SE 1,-,bay 34 4 18th S[ . :e�aigUw. p.rrn+tv^ '.,a�n..urs&- ... _,41;,433, 'x. �.. l S I .r " ""P' a Glob e)•rarer©2' I Na 4 eq EIDICI Morose,' --I-= Bird's eye view maps can't be printed, so another map view has been substituted. http://www.bi ng.com/maps/print.aspx?mkt=en-us&z=2&s=b&cp=40.410236,-104.6... 3/3/2010 Ann Siron From: Jeff Engelman [jeff@gatewayselfstorage.net] Sent: Friday, January 29, 2010 2:12 PM To: Ann Siron Subject: Re: Case: ZCV10-00002 Attachments: SitePlanReview_207-Eastl8thStreet.pdf • Hello Ann, Attached is my completed SPR request. Hopefully, there's enough information to move to the next step. Please let me know if any additional information is required. Have a great weekend, -Jeff On Wed, Jan 27, 2010 at 7:57 AM, Ann Siron <asironif?co.weld.co.us> wrote: My apologies Jeff, I thought I had sent the message but it was still saved in my drafts! Here is what I "attempted" to send to you: Hello Jeff, You are correct with the Code that you pulled. If you continue Reading through that section, refer to 23- 3-230. E: "Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the C-3 Zone District until a site plan review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the C-3 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USE of property zoned C-3 have been or shall be complied with according to the intent of Article II, division 3 of this Chapter, This shall be accomplished through the site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the C-3 Zone District shall be exempt from the Site Plan Review" So yes, while the use is allowed there is still a permitting process required. It's a much smaller scale permit than say, having the same business on a parcel that was zoned Agricultural, but it does still require a Site Plan Review permit. To begin the process you can go ahead and fill out this Pre-Application Review. It's something a Planner will look through to have a general understanding of the activities on the property and then someone will call you back to set up an appointment to meet with a Planner and typically someone from Public Works. At that point they will run through the Site Plan Review Process. Please have this application submitted to our Department before February 5th. Also definitely feel free to call me if you have any other questions! Thanks Jeff. Link for Pre-App Request Form: http:r/www.co.weld.co.us/reuesign/assets/9A9dc6d8207C 1 D3D7c30., of <http: '`console.mxlogic.comiredir.%'?m3hOdemjhOY- MrppivKesidw0l-IIUNVW7mFI1'tczW7QAhxC'QFYV ogeh0QsElnsgujKe4.AgVAe7mpLOO3FK nKC- yYYgekn31PozXlIEa8XfP6B0uuXitoWh ‘vgrvKUYMOrhjso76zAOsl:ITh6OOiobZ8Og2mQZ8Og0i9IB6VuZ X.I jdPYiT)yN_OwrhdEC SmkTXzAkjrYFDE;c-4117I.> Let me know if you have a difficult time accessing the Pre-App form through the link or email attachment. Ann Siron Zoning Compliance Officer Weld County Planning Department 918 10th Street Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3566 Fax: (970) 304-6498 Original Message From: Jeff Engelman [mailto:jeff@gatewayselfstorage.net] Sent: Tuesday, January 26, 2010 7:54 PM To: Ann Siron Subject: Re: Case: ZCV 10-00002 Hello Ann, Please reply that you received this email and that ali concerns have been addressed. Thanks, -Jeff On Sun, Jan 10, 2010 at 12:34 PM, Jeff Engelman <jeffril;gatewayselfstorage.net> wrote: Hello Ann, I'm managing the properties at 127-207 East 18th Street in Greeley. We received your letter referencing the case# in the subject line. I am Dale& Eva's son-in-law. Dale passed away on 5/3/09 and I'm catching up on many things. We filed paperwork with the county clerk's office on 12/23/09 to change the ownership of these properties to the "Dale L. Majors Family Trust". The Family Trust is being managed by the "Dale Majors Corp" (DMC). DMC owns & manages several other properties in the Greeley area. 2 The parcel referenced in this case is an old gas station built in the early 1950s. I recently rented the space to Kool Customs, Repair & Service that specializes in mufflers & brakes. In reviewing the County Code - Chapter 23 - Intent and Uses Allowed parts of"Sec. 23-3-230. C-3 (Business Commercial) Zone District" - I believe the current usage fits within item "4. Gasoline service stations, car washes and VEHICLE SERVICE/REPAIR ESTABLISHMENTS." Please let me know if I am misinterpreting the code and/or problem. Thanks, Jeff Engelman 303-250-7754 (mobile) 3 Ann Siron From: Ann Siron Sent: Wednesday, January 27, 2010 7:57 AM To: 'Jeff Engelman' Subject: RE: Case: ZCV10-00002 Attachments: Pre-app Request.pdf My apologies Jeff, I thought I had sent the message but it was still saved in my drafts! Here is what I "attempted" to send to you: Hello Jeff, You are correct with the Code that you pulled. If you continue Reading through that section, refer to 23-3-230. E: "Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the C-3 Zone District until a site plan review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the C-3 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USE of property zoned C-3 have been or shall be complied with according to the intent of Article II, division 3 of this Chapter, This shall be accomplished through the site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the C-3 Zone District shall be exempt from the Site Plan Review" So yes, while the use is allowed there is still a permitting process required. It's a much smaller scale permit than say, having the same business on a parcel that was zoned Agricultural, but it does still require a Site Plan Review permit. To begin the process you can go ahead and fill out this Pre-Application Review. It's something a Planner will look through to have a general understanding of the activities on the property and then someone will call you back to set up an appointment to meet with a Planner and typically someone from Public Works. At that point they will run through the Site Plan Review Process. Please have this application submitted to our Department before February 5th. Also definitely feel free to call me if you have any other questions! Thanks Jeff. Link for Pre-App Request Form: littp://www.co.weld.co.usiredesign/assets/9A9dc6d8207C I D3D7c30.pdf Let me know if you have a difficult time accessing the Pre-App form through the link or email attachment. Ann Siron Zoning Compliance Officer Weld County Planning Department 918 10th Street Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3566 Fax: (970) 304-6498 Original Message From: Jeff Engelman [mailto:jeff@gatewayselfstorage.net] Sent: Tuesday, January 26, 2010 7:54 PM 1 To: Ann Siron Subject: Re: Case: ZCV10-00002 Hello Ann, Please reply that you received this email and that all concerns have been addressed. Thanks, -Jeff On Sun, Jan 10. 2010 at 12:34 PM, Jeff Engelman <jcthfuatcwacsclfstoracc.net> wrote: Hello Ann, I'm managing the properties at 127-207 East 18th Street in Greeley. We received your letter referencing the case # in the subject line. I am Dale & Eva's son-in-law. Dale passed away on 5/3/09 and I'm catching up on many things. We filed paperwork with the county clerk's office on 12/23/09 to change the ownership of these properties to the "Dale L. Majors Family Trust". The Family Trust is being managed by the "Dale Majors Corp" (DMC). DMC owns & manages several other properties in the Greeley area. The parcel referenced in this case is an old gas station built in the early 1950s. I recently rented the space to Kool Customs, Repair& Service that specializes in mufflers & brakes. In reviewing the County Code - Chapter 23 - Intent and Uses Allowed parts of"Sec. 23-3-230. C-3 (Business Commercial) Zone District" - I believe the current usage fits within item "4. Gasoline service stations, car washes and VEHICLE SERVICE/REPAIR ESTABLISHMENTS." Please let me know if I am misinterpreting the code and/or problem. Thanks, Jeff Engelman 303-250-7754 (mobile) 2 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 Tenth Street Greeley, CO 80631 C Phone: 970-353-6100 x3566 FAX: 970-304-6498 �/ E-Mail: asiron@co.weld.co.us COLORADO January 06, 2010 MAJORS DALE L & EVELYN 2911 GRANDVIEW DR GREELEY, CO 80631 Case: ZCV10-00002 Legal Description: 12316 PT L6 NW4SW4 9 5 65 BEG AT PT 90' E OF W LN L6 N100' E150' S100' W150' TO BEG Dear MAJORS DALE L & EVELYN: 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 OF AN AUTO REPAIR SHOP IN A C-3 (COMMERCIAL)ZONE DISTRICT WITHOUT THE APPROPRIATE SITE PLAN REVIEW (SPR) 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. Since ly, Ann Siron Zoning Compliance Officer pc: ZCV10-00002 Page 1 of 1 4i(( -6-‘) DEPARTMENT OF PLANNING SERVICES l Code Compliance Division 918 10th 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: -7-CV (0-.000D a, ZONING CODE COMPLAINT O Staff/Nan] Citizen 0 Other O HEALTH DEPARTMENT Citizen's Name(If k rwn)-_ ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known) ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST& WEEDS Date Complaint was received: A—\P -\p Pending Case#(i.e. USR, RE. SE, ecu.): 4 Legal Description: Lin t, toitst ) q '_C��( l04 Parcel #: CR(4\—O -3'W� (7a,( Violation Address: ?-011f \� 5*, G,cttAe\ Sd�.n3 Property Owners Name: 00,\ V e\t rs V 1 \lz(Vtyc5 Phone: Property Owners Address: 3 \\ Got 6 V\-9V) OC. Tenant's Name: Phone: Tenant's Address: - NATURE COMPLAINT: Q.ankc\C, 54 l�(> kn 5m Ok lAbuLk Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R3334286 Parcel*: 096109300021 a � Tax Area: 0604 � � Bordering County: Acres: 0.3444 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 05 - 65 - 09 - 3 UNION COLONY LANDS - - 6 Owners Name &Address: Property Address: MAJORS DALE L& Street: 207 E 18 ST WELD 2911 GRANDVIEW DR City: WELD GREELEY, CO 80631 Additional Owners: MAJORS EVELYN E Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description 12316 PT L6 NW4SW4 9 5 65 BEG AT PT 90' E OF W LN L6 N100' E150' 5100' W150'TO BEG Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Commercial 2130 Square Feet 15000 Land Subtotal: 15000 $0 $0 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Commercial Improvements Subtotal: $0 $0 Total Property Value $0 $0 Building Details Account#: R3334286 Parcel#: 096109300021 Owners Name &Address: Property Address: MAJORS DALE L& Street: 207 E 18 ST WELD 2911 GRANDVIEW DR City: WELD GREELEY, CO 80631 Building# Property Type 1 Commercial Individual Built As Detail http://maps2.merrick.com/W ebsite/W eld/setSq l.asp?cmd=QUERY&DET=PP&pin=096109... 1/6/2010 Identify Results Page 2 of 2 Built As: Service Garage Year Built: 1953 Exterior: HVAC: Forced Air Interior Finish: Built As SQ Ft: 1372 # of Baths: 0 Roof Type: Flat # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=096109... 1/6/2010 507 1111111111111111111111113203507 07/29/20041u22i IIIII MIDI Man nUn A Yield County,CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk d Recorder QUITCLAIM DEED I THIS DEED,dated July 28, 2004 between Dale L. Majors I of the *County of Weld and State of Colorado, grantorls).and Dale L. Majors and Evelyn E. Majors as tenants in common, each as to an undivided one-half interest. whose legal address is 2911 Grandview Drive • Greeley, CO 80631 of the County of Weld and State of Colorado,grantee(s). WITNESS,that the grantor(s),for and in consideration of the sum of One 'I DOLLARS, I the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold and QUITCLAIMED,and by these I. presents does remise,release,sell and QUITCLAIM unto the grantee(s),their heirs,successors and assigns forever,all ICI ' the nght,title,interest.claim and demand which the grantor(s)hte in and to the real property,together with improvements,if any, mate.lying and being in the County of Weld and State of Colorado,described ' as follows: SEE ATTACHED SCHEDULE A also known by street and number as: 127, 131, and 205 East 18th Street �I assessor's schedule or parcel number: R3334186 and R3331+286 TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging,or in anywise thereunto appertaining.and all the estate,right,title,interest and claim whatsoever of the grantor(s),either in law or equity, I to the only proper use,benefit and behoof of the grantee(s) heirs and assigns forever. IN WITNESS WHEREOF,the grantor(s)has executed this deed on the date set forth above. r,121.1/12 Dale L. Majors Grantor • STATE OF COLORADO County of WELD The foregoing instrument was acknowledged before me this 29TH •day of JULY .•`` O103t 7� by DALE L MAJORS i �. d °- • c ��fj r) r : Witness my hand and official seal. r o .pb�J My commission expires: 9/23/2007'' ' , : ' o bi0t .., Insert"City and"if applicable. Notary Public L Name and Address of Person Creating Newly Created Legal Description(§38-35-106.5.C.R.S.) INo.933.Rev.0-94. QurrOLAtn DEED f'f='1 BradlaN Publishing,1743 Wirer St..Denver,CO 80202—(303)292-2500—www.bnd(ordpubliahingeom-4-04 FORM NO. 0.6000-2 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10.17-701 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 0-1970 (AMENDED IO.17-0D) SCHEDULE A—Continued • The land referred to in this policy is situated in the State of Colorado, County of Weld , and is described as follows: PARCEL ONE: All that part of Lot 6 of the NW; of the SWa of Section 9 , Township 5 North, Range 65 West of the 6th P.M. , WELD COUNTY, COLORADO, according to the subdivision of lands by the Union Colony of Colorado, more particularly described as follows: Beginning at the Southwest corner of said Lot 6 ; thence Easterly along the South line of said Lot a distance of 310 feet; thence Northerly parallel to the East line of Lot 6 a dis- tance of 282 feet; thence Westerly parallel to the South line of said Lot to a point on the West line of said Lot 6, 282 feet distant from the Point of Beginning, thence Southerly along the West line of said Lot 6 a dis- tance of 282 feet to the PLACE OF BEGINNING : EXCEPT Right of Way as conveyed by deed recorded in Book 187 , Page 276, Weld County Records. EXCEPT a parcel of land as conveyed by deed recorded in Book 1392 , Page 197, Weld County Records. PARCEL TWO: All that part of Lot 6 of the NW; of the SW; of Section 9 , Township 5 North, Range 65 West of the 6th P.M.', WELD COUNTY, COLORADO, more particularly described as follows : . Beginning at a point on the North right of way line of U. S. Highway No. 34 , 90 feet East measued along said North right of way line from the West line of said Lot 6; thence North along a line parallel to the West line of said Lot 6, 100 feet; thence East along a line parallel to the North right of way line of U. S. Highway No. 34 , 150 feet; thence South along a line parallel to the West line of said Lot 6, 100 feet to the North right of way line of U. S. High- way No. 34, :thence West along said North line of U. S. Highway No. 34 , 150 feet to the PLACE OF BEGINNING; EXCEPT right of way as conveyed by Deed recorded in Book 187 , Page 276, Weld County Records. 11111111111lu ll11111111111IIIII 10111III Hall 3203507 07/29/2004 11:21A Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder - 1111111 VIII 111111 IIII JIM MHO VIII IIII IIII 3666904 12/23/2009 03:51P Weld County, CO 1 of 2 F 11.00 D 0.0D Steve Moreno Clerk 8 Recorder 9` PERSONAL REPRESENTATIVE'S DEED (Distribution) T HIS DEED is made by Evelyn E. Majors as Personal Representative of the Estate of Dale L.Majors,a/ka/Dale Lee Majors,a/k/a Dale Majors,a/k/a D.L.Majors,deceased,Grantor,to the Dale L. Majors Family Trust dated November 10, 2009, Grantee, whose legal address is do Evelyn E. Majors, a Co-Trustee, 2911 Grandview Drive, Greeley, Weld County, Colorado 80631-9427. WHEREAS,the decedent died on the date of May 3,2009 and Grantor was duly appointed Personal Representative of said Estate by the District Court in and for the County of Weld,State of Coloradc,Probate No.2009 PR 190,on the date of May 19,2009,and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby convey, assign, transfer and release unto Grantee, without warranty of title and without warranty as to the condition of the property,as the beneficiary entitled to distribution, the following-described real property, including Grantor's interest, if any,in any vacated street,alley,or other right-of-way that adjoins the subject real property,situate in the County of Weld, State of Colorado: See Exhibit"A"attached hereto and incorporated herein by this reference. also knovm by street and number as: 127, 131,and 205 East 18th Street,Greeley, CO 80631 assessor's schedule or parcel number: W ith all appurtenances,subject to general taxes and assessments for 2009, payable in 2010, easements,reservations,agreements,exceptions,covenants,restrictions,conditions,limitations,and rights of way all of record or as may exist by use on the premises,and subject to all governmental laws,rules,and regulations,and subject to all matters that would be disclosed by an inspection of the land or by making inquiry of persons in possession thereof, and subject to matters that would be disclosed by an accurate survey,including,but not limited to,discrepancies,conflicts in boundary lines,shortage in area,encroachments,and other such matters which are not shown of public record. As used herein,the singular includes the plural and the plural the singular. Er.ecuted: December 23 ,2009 (fc Evelyn E. Majors, Persona/Representative of the Estate of Dale L.Majors,a'ka/Dale Lee Majors,a/k/a Dale Majors,a/k/a D. L. Majors, Deceased STATE CP COLORADO ) )ss. COUNTY OF WELDI The foregoing instrument was acknowledged before me this , ��day of December,2009, by Evelyn E. Majors, as Personal Representative of the Estate of Dale L. Majors,a/ka/Dale Lee Majors,a/k/a Dale Majors,a/k/a D. L. Majors,Deceased. Wetness my hand and official seal. My Commission ex.' ,.O I I OLLY JFq" 9cs., m wi2614021H reed da e0,. Notary Public P '" p<2`. Y� OA.OOLORPOO 111111111111111111111111111 hilt III At II 1111 3666905 1212312009 03:51P Weld County, CO 1 of 2 i 11.00 D 16.25 Steve Moreno Clerk SI Recorder SPECIAL WARRANTY DEED Evelyn E. Majors, whose street address is 2911 Grandview Drive, City of Greeley, County of Weld, and State of Colorado, Grantor, for the consideration of One Hundred Sixty- two Thousand Five Hundred and no/100 ($162,500.00), in hand paid, hereby sells and conveys to Dale L Majors Family Trust dated November 10, 2009, whose street address is c/o Evelyn E. Majors, a Co-Trustee, 2911 Grandview Drive, City of Greeley, County of Weld, and State of Colorado. Grantee, the following real property in the County of Weld, and State of Colorado, D.'' including Grantor's interest, if any, in any vacated street, alley, or other right-of-way that adjoins the subject real property, to wit: See Exhibit "A" attached hereto and incorporated herein by this reference. also known by street and number as: 127, 131, and 205 East 18th Street, Greeley, CO 80631 with all a)purtenances, subject to taxes for the current year, easements, restrictions, reservations, covenants, and rights-of-way of record, if any, and as may exist by use, and subject to matters that would be disclosed by an accurate survey, shortage in area, encroachments, and conflicts in boundaries. Si;ned this 2 a day of December, 2009. L tr_q_r)-ts,,, EVELYN E.€'IAJORS STATE OF COLORADO ) ) ss. COUNTY OF WELD ) teti The foregoing instrument was acknowledged before me this 472 2.,—day of December, 2009, by Evelyn E. Majors. Witness my hand and official seal. My commission expires: 3 t D.)' O\ k LLY tip,� 1 —j / 't --1+ GN otary Public � —4 OT a CO ,0 4k:. Z M`.m1261\00:\Special Warranty Deed.doc —1 (/eti C � �X` bL ORA EXHIBIT "A" An uidivided one-half interest in: PARCEL ONE: All that part of Lot 6 of the NW; of the SW1/4 of Section 9 , Township 5 North, Range 65 West of the 6th P . M. , WELD COUNTY , COLORADO, according to the subdivision of lands by the Union Colony of Colorado, more particularly described as follows : Beginning at the Southwest corner of said Lot 6 ; therce Easterly along the South line of said Lot a distance of _ 10 feet ; therce Northerly parallel to the East line of Lot 6 a dis- tance of 282 feet ; therce Westerly parallel to the South line of said Lot to a pcint on the West line of said Lot 6 , 282 feet distant from the Point of Beginning , thence Southerly along the West line of said Lot 6 a dis- tance of 282 feet to the PLACE OF BEGINNING : EXCEPT Right of Way as conveyed by deed recorded in Book 187 , Page 276 , Weld County Records . EXCEPT a parcel of land as conveyed by deed recorded in Book 1392 , Page 197 , Weld County Records . PARCEL TWO : All that part of Lot 6 of the NW: of the SW; of Section 9 , Township 5 North, Range 65 West of the Fth P . M. , WELD COUNTY , COLORADO, more particularly described as follows : Beginning at a point on the North right of way line of U. S. Highway No. 34 , 90 feet East measued along said North right of way line from the West line of said Lot 6 ; thence North along a line parallel to the West line of said Lot 5 , 100 feet; thence East along a line parallel to the North right of way line of U. S. Highway No. 34 , 150 feet; thence South along a line parallel to the West line of said Lot 5 , 100 feet to the North right of way line of U. S. High- way No. 34 , ;then:e West along said North line of U . S. Highway No. 34 , 150 feet to the PLACE OF BEGINNING; EXCE?T right of way as conveyed by Deed recorded in Book 187 , Page 276 , Weld County Records . 111111 OM NH II 8111111 IIIII NMI VIE 3666905 12/23/2009 03;51P Weld County, CO • 2 of 2 R 11.00 D 16.25 Steve Moreno Clerk & Recorder 907 111111111111111111111111111111111111111111111111111111 3666907 12/23/2009 D3:51P Weld County, CO STATEMENT OF AUTHORITY 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk& Recorder 1. This Statement of Authority relates to an entity' named • Da e L. Majors Family Trust dated November 10, 2009 and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The type of entity is a: ❑ corporation O registered limited liability partnership ❑ nonprofit corporation O registered limited liability limited partnership ❑ limited liability company ❑ limited partnership association ❑ general partnership O government or governmental subdivision or agency ❑ limited partnership O trust(Section 38-30-108.5, C.R S.) O 3. The entity is formed under the laws of Colorado 4. The mailing address for the entity is 2911 Grandview Drive, Greeley, CO 80631-9427 5. The ❑O name © position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is Evelyn E. Majors, Co-Trustee, and Dianne Elizabeth Engelman Co-Trustee 6. 2The authority of the foregoing person(s)to bind the entity is O not limited fl limited as follows: 7. Otter matters concerning the manner in which the entity deals with interests in real property: none Executed this 49 -,i day of _,2009. DALE L. MAJORS FAMILY TRUST DALE L. MAJORS FAMILY TRUST DATED NOVEMBER 10, 2009 /7 , DATED NOVEMBER 10, 2009 By SiwP4�� t,�G 'V CD-rL,. r-1, By Q L IG ct>�4 t CI, Evelyn E. NIGjors, Co-T ee Dianne Elizabeth Engelman, Co-Trust STATE OF CJLORADO )ss. County of Weld The foregoing instrument was acknowledged before me this4day of , , SLL�y p,-, 2009, by Evelyn E Majors and Dianne Elizabeth Engelman, Co-Tru ees of the Da e L Majors Family Trust dated November 10 2009. Witness my hand and official s al. / t� My commission expires: S�« oak Q 4 a(J No ary Public ' This form should not be used unless the entity is capable of holding title to real property. 0/ 2 The absence of any limitation shall be prima fade evidence that no such limitation exists. \� 3 The statement of auhority must be recorded to obtain the benefits of the statute. NOTARY r.s THIS FORM IS IN SUBSTANTIAL COMPLIANCE WITH NO.1112. REV.8-01 STA M NT OPIABn1HORIT F d FOF CO�010; j‘,Nn. 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