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Home My WebLink About20102092.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #1000065 AGAINST REX AND TERESA WALKER FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Rex and Teresa Walker, ZCV #1000065, 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 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, Rex Walker, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until March 14, 2011, to allow adequate time for the property owner(s) to bring the subject property into compliance by removing the cargo containers on the site and completing the necessary fencing, and for an additional inspection to be completed by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #1000065 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Rex and Teresa Walker 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 March 14, 2011, to allow adequate time for the property owner(s) to bring the subject property into compliance by removing the cargo containers on the site and completing the necessary fencing, and for an additional inspection to be completed by the Department of Planning Services staff. 2010-2092 fit- ;c1 - I PL0824 VIOLATIONS -ZCV#1000065—WALKER 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 ELD CO OLORADO ATTEST: '�' ..' �.; (/orsr. • _I; �J o asZademac r, C air Weld County Clerk to th oW#,glr. • j. t7`' arbara Kirkmeyer,pro-Tem BY: Deputy Clerk to the Bo •' EXCUSED �'� � Sean P. o ay APP Ga a ounty Attorney u� David E. Long Date of signature: 2010-2092 PL0824 ' err, COLORADO Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV10-00065 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 40720 CR 29 WALKER REX & TERESA Mailing Address: 40720 CR 29 AULT, CO 80610 Phone: 970-302-0030 PARCEL: 070709200012-R4718607 Acreage: 17.29 Legal Description: PT NW4 9 7 66 LOT A REC EXEMPT RE-4604 LOCATION: Location: East of and adjacent to CR 29 and South of and adjacent to CR North: Agriculturally Zoned properties South: Agriculturally Zoned properties and approximately 1 mile North of Hwy 14 East: Agriculturally Zoned properties and approximately 2 1/2 miles West of Ault municipal boundaries West: Agriculturally Zoned properties and approximately 2 miles East of Severence municipal boundaries NOTIFICATION INFORMATION: Certified Date 08/09/2010 Certified Reference Number 7008 3230 0000 0473 4025 Certified Receipt Date 08/17/2010 VIOLATION DESCRIPTION: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.K Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory STRUCTURE in the A (Agricultural) Zone District may be permitted for storage of goods inside the unit. A cargo container used for storage shall require the issuance of building permits. The following conditions shall apply: 23-3-30.K.1 Electricity is the only utility which will be connected to the cargo container used for storage. 23-3-30.K.2 The cargo container used for storage will not be used on any basis as a DWELLING or as overnight or temporary housing for any person. 23-3-30.K.3 The property upon which the cargo container is to be located must be a LEGAL LOT. 23-3-30.K.4 The applicant shall not remove any structural component of the cargo container used for storage making it unmovable. 23-3-30.K.5 A cargo container used for storage shall not be allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such cargo container used for storage shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from site. 2010-2092 wine COLORADO Planning Department ZONING VIOLATION CASE SUMMARY 23-3-30.K.6 A cargo container used for storage shall be removed from.the property upon cessation of the USE. 23-3-30.K.7 The cargo container may not be used in any manner to display a sign. 23-3-40 Uses by special review 23-3-40.AA More than one (1) cargo container per legal lot or parcel. Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.K Cargo,container as Accessory STRUCTURE. One (1) cargo container as an Accessory STRUCTURE in the A(Agricultural) Zone District may be permitted for storage of goods inside the unit. A cargo container used for storage shall require the issuance of building permits. The following conditions shall apply: 23-3-30.K.1 Electricity is the only utility which will be connected to the cargo container used for storage. 23-3-30.K.2 The cargo container used for storage will not be used on any basis as a DWELLING or as overnight or temporary housing for any person. 23-3-30.K.3 The property upon which the cargo container is to be located must be a LEGAL LOT. 23-3-30.K.4 The applicant shall not remove any structural component of the cargo container used for storage making it unmovable. 23-3-30.K.5 A cargo container used for storage shall not be allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such cargo container used for storage shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from site. 23-3-30.K.6 A cargo container used for storage shall be removed from the property upon cessation of the USE. 23-3-30.K.7 The cargo container may not be used in any manner to display a sign. 23-3-40 Uses by special review 23-3-40.AA More than one (1) cargo container per legal lot or parcel. VIOLATION REMEDY: While a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, building materials and miscellaneous debris is an Accessory Use in the Agricultural Zone District, it must be completely SCREENED from all adjacent properties and public right-of-ways. Otherwise, the Noncommercial Junkyard shall be removed or restored. Additionally, 2 (two) cargo containers are an Accessory Use provided building permits are obtained. However, I have been unable to locate any building permits for cargo containers situated on this property. The presence of more than 2 cargo containers requires a Use by Special Review(USR). If you desire to retain more than 2 (two), 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 that I previously sent this application with my initial letter; however, please also feel free to visit the following web address: http://www.co.weld.co.us/redesign/assets/9A9dc6d8207C1 D3D7c30.pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us 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. wok COLORADO Planning Department ZONING VIOLATION CASE SUMMARY 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 05/25/2010 Initiated Violation 05/25/2010 5 Day Letter Violation 06/01/2010 Violation Notice Violation 07/01/2010 Violation Notice Violation 08/06/2010 Hearing Notification OTHER CASE HISTORY: 06/04/2010 Phone call Rex Walker(302-0030) called. He said he didn't intend to start a Noncommercial Junkyard, but he had been forced out of his last location and had to bring all his stuff to this site. He said he has started a privacy fence (he said it was a standard wooden privacy fence). He said it will take him longer to get the cargo containers addressed. I advised him that my next step is to send a 30 day letter. I advised him that I actually just sent it on June 1st. My next step would be to schedule a Violation Hearing. I told him that I could push off the Violation Hearing to the August Violation Hearings (so that would buy him close to an additional 30 day). He said that would help. He said his intent was to build an ag exempt building, but for financial reasons he may need to just keep a couple cargo containers and build onto them. I advised him that the cargo containers will require a building permit (they are not considered Ag Exempt). He said he understood. I told him to call me if he felt he finished bringing the property into compliance sooner than July 1st. He said he would. 06/17/2010 Phone call Rex Walker(302-0030) called again. He said he called me initially on June 4th. He said during that conversation I indicated to him that I would wait to send out his 30 day letter until July 1st, but he received it the following day. I explained that I had already sent the letter when we spoke, so my intent is to send another 30 day letter on July 1st, which will take him to August 1st. I will not make the August Violation Hearing, so this will push his hearing to September 14. I advised him that if he needed additional time he would need to request it from the Board of County Commissioners at the hearing on the 14th of September. He said he understood. 08/17/2010 Certified Receipt Certified Receipt received - signed. INSPECTION SUMMARY: Zoning Inspection 05/14/2010 Noncompliance Bethany Salzman Inspection Result Comment Upon a visual inspection of the property, the following items were noted: several "Rik COLORADO Planning Department ZONING VIOLATION CASE SUMMARY cargo containers (maybe even some semi trailers), building materials, derelict vehicles and miscellaneous debris. No pictures were taken during this inspection. Zoning Code Inspection 08/05/2010 Noncompliance Inspection Result Comment Upon a visual inspection of the property, the following items were noted: 1 side (the West side) of the fencing appears to have at least been partially installed, posts appear to be installed for the Northern side. There are still numerous cargo containers. No pictures were taken during this inspection. DEPARTMENT -f PLANNING SERVICES t'r Zoning Compliance Division,firovikter 1 e5 North 1 Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us lID ' E-MAIL: bsalzman@co.weld.co.us P• FAX: 970-304-HONE: 70 304970- 6353-6100 98 X 3555 COLORADO August 09, 2010 WALKER REX&TERESA 40720 CR 29 AULT, CO 80610 Zoning Violation Case: ZCV10-00065 Situs Address: 40720 CR 29 Legal Description: PT NW4 9 7 66 LOT A REC EXEMPT RE-4604 Dear Walker Rex &Teresa: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on 09114/2010. at.1:0:00.AM : The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. 23-3-30.K Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory STRUCTURE in the A (Agricultural) Zone District may be permitted for storage of goods inside the unit. A cargo container used for storage shall require the issuance of building permits. The following conditions shall apply: 23-3-30.K.1 Electricity is the only utility which will be connected to the cargo container used for storage. 23-3-30.K.2 The cargo container used for storage will not be used on any basis as a DWELLING or as overnight or temporary housing for any person. 23-3-30.K.3 The property upon which the cargo container is to be located must be a LEGAL LOT. 23-3-30.K.4 The applicant shall not remove any structural component of the cargo container used for storage making it unmovable. 23-3-30.K.5 A cargo container used for storage shall not be allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such cargo container used for storage shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from site. 23-3-30.K.6 A cargo container used for storage shall be removed from the property upon cessation of the USE. 23-3-30.K.7 The cargo container may not be used in any manner to display a sign. Page 1 of 3 Report ID: CODE000023v002 Print Date-Time: 8/6/2010 2:45:00PM DEPARTMENT uF PLANNING SERVICES ( Zoning Compliance Division 16 ft1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us • E-MAIL: bsalzman@co.weld.co.us E: 970-353-6100 X 3555 FAX:970-O4-6498 COLORADO 23-3-40 Uses by special review 23-3-40.AA More than one (1) cargo container per legal lot or parcel. To bring your property into compliance with the Weld County Code: While a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, building materials and miscellaneous debris is an Accessory Use in the Agricultural Zone District, it must be completely SCREENED from all adjacent properties and public rights-of-ways. Otherwise, the Noncommercial Junkyard shall be removed or restored. Additionally, 2 (two) cargo containers are an Accessory Use provided building permits are obtained. However, I have been unable to locate any building permits for cargo containers situated on this property. The presence of more than 2 cargo containers requires a Use by Special Review(USR). If you desire to retain more than 2 (two), 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 that I previously sent this application with my initial letter; however, please also 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. The Department of Planning Services staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal actions to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Page 2 of 3 Report ID: CODE000023v002 Print Date-Time: 8/6/2010 2:45:00PM DEPARTMENT ..F PLANNING SERVICES rat(to (7..--..;.::,s,,,\\\ Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us PH 100. O 9E 70-304-6498 X 3555 FAX: COLORADO Sincerely, ethany Salzman tiw I ai Zoning Compliance Officer a s o <"" 2 v i File: ZCV10-00065 ❑ ❑ m ❑ o O 0 a U.S. Postal ServiceTr., 2 in N DERTcMaED/y;Ni sure RECEIPT nceCoveageProvided) z z 1SKQ _c \U.S �y. E o p For•elivery inf rmau nvisit ur we•siteatwwwus•s.c m;, ti ,i� h /❑q❑ q' S ., is W rte- ' m m Di L.6d1 a m S Postage $r ., J m o v a P2 O W m ' ®°FY rt Certified Fee W ; ≥ m o a W nil 8 R Receipt fee PasereB •; in al lea*151,O CI ¢ v (Endorsemem Receipt Required) Here U d X r Delivery Required) Fee r] E (Endorsement ctedDlivery e m 2 O RI U N Total Postage 8 Fees $ m w co u E m m Sent To m co a p O ate ` m i �c O Street.A•t. --,--- - '--- — — . E d m 'o E r- O or PO Box No. 7a3CLaR ti ) "- O'm N Ciy State.ZIPa4 ' --- to'D 0 o'« �f cc y --t1 ale s aNNmxE T v S F.rm 3'0' Au ust2'' See Reverse for lestruoli ns C.tog L2 a A N a U N m O.� d) d ' N" o a 8 a r ql A 12-I �+ N Q n d ETEc5 co c ' i /- Q 00 u- m r C "0�k .28 N § i tO«� J 3 „L„ m c z w ro m o r O.e T cd t.- oJl EEc« mo " `e'' @ o LI- co Page 3 of 3 Report ID: CODE000023v002 Print Date-Time: 6/6/2010 2.45:00PM c (it cti 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 01, 2010 WALKER REX B.TERESA 40720 CR 29 AULT, CO 80610 Zoning Violation Case:ZCV10-00065 Legal Description: PT NW4 9 7 66 LOT A REC EXEMPT RE-4604 Situs Address: 40720 CR 29 Dear Walker Rex & Teresa: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.K Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory STRUCTURE in the A (Agricultural) Zone District may be permitted for storage of goods inside the unit. A cargo container used for storage shall require the issuance of building permits. The following conditions shall apply: 23-3-30.K.1 Electricity is the only utility which will be connected to the cargo container used for storage. 23-3-30.K.2 The cargo container used for storage will not be used on any basis as a DWELLING or as overnight or temporary housing for any person. 23-3-30.K.3 The property upon which the cargo container is to be located must be a LEGAL LOT. 23-3-30.K.4 The applicant shall not remove any structural component of the cargo container used for storage making it unmovable. 23-3-30.K.5 A cargo container used for storage shall not be allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such cargo container used for storage shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from site. ViiDc 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 23-3-30.K.6 A cargo container used for storage shall be removed from the property upon cessation of the USE. 23-3-30.K.7 The cargo container may not be used in any manner to display a sign. 23-3-40 Uses by special review 23-3-40.AA More than one (1) cargo container per legal lot or parcel. To bring your property into compliance with the Weld County Code: While a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, building materials and miscellaneous debris is an Accessory Use in the Agricultural Zone District, it must be completely SCREENED from all adjacent properties and public rights-of-ways. Otherwise, the Noncommercial Junkyard shall be removed or restored. While you have indicated that you intend to remove all of the cargo containers, as we have discussed 2 (two) of them could remain on the property provided the appropriate building permit applications are completed and submitted to the Department of Building Inspections. If you change your mind, please contact me for the necessary steps. 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 08/02/2010 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, tk..611)04n\"4" . Bethany Salzman Zoning Compliance Officer II File: ZCV10-00065 DEPARTMEN I OF PLANNING SERVICES 11 Zoning Compliance Division tiikti, 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us 1 C E-MAIL: bsalzman@co.weld.co.us 100 X 3555 FAX: 970-304-6498 COLORADO June 01, 2010 WALKER REX & TERESA 40720 CR 29 AULT, CO 80610 Zoning Violation Case: ZCV10-00065 Legal Description: PT NW4 9 7 66 LOT A REC EXEMPT RE-4604 Situs Address: 40720 CR 29 Dear Walker Rex &Teresa: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.K Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory STRUCTURE in the A (Agricultural) Zone District may be permitted for storage of goods inside the unit. A cargo container used for storage shall require the issuance of building permits. The following conditions shall apply: 23-3-30.K.1 Electricity is the only utility which will be connected to the cargo container used for storage. 23-3-30.K.2 The cargo container used for storage will not be used on any basis as a DWELLING or as overnight or temporary housing for any person. 23-3-30.K.3 The property upon which the cargo container is to be located must be a LEGAL LOT. 23-3-30.K.4 The applicant shall not remove any structural component of the cargo container used for storage making it unmovable. 23-3-30.K.5 A cargo container used for storage shall not be allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such cargo container used for storage shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from site. 23-3-30.K.6 A cargo container used for storage shall be removed from the property upon cessation of the USE. 23-3-30.K.7 The cargo container may not be used in any manner to display a sign. 23-3-40 Uses by special review 23-3-40.AA More than one (1) cargo container per legal lot or parcel. Page 1 of 2 Report ID: CODE000021v002 Print Date-Time: 6/1/2010 11:14:09AM DEPARTMEN OF PLANNING SERVICES l Zoning Compliance Division itifte1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us misc. 0 E-MAIL: bsalzman3@co.weld.co.us FAX: 979 O46498100 X 3555 COLORADO To bring your property into compliance with the Weld County Code: While a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, building materials and miscellaneous debris is an Accessory Use in the Agricultural Zone District, it must be completely SCREENED from all adjacent properties and public rights-of-ways. Otherwise, the Noncommercial Junkyard shall be removed or restored. Additionally, 2 (two) cargo containers are an Accessory Use provided building permits are obtained. However, I have been unable to locate any building permits for cargo containers situated on this property. The presence of more than 2 cargo containers requires a Use by Special Review (USR). If you desire to retain more than 2 (two), 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 that I previously sent this application with my initial letter; however, please also feel free to visit the following web address: http://www.co.weld.co.us/redesign/assets/9A9dc6d8207C1 D3D7c30.pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us 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 07/01/2010 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, l J Y Bethan Salzman Zoning Compliance Officer II File: ZCV10-00065 Page 2 of 2 Report ID: CODE000021v002 Print Date-Time: 6/1/2010 11:14:09AM DEPARTMEN. JF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co. PHONE:970-O4-6498100 X 3555 FAX: COLORADO May 25, 2010 WALKER REX &TERESA 40720 CR 29 AULT,CO 80610 Zoning Violation Case: ZCV10-00065 Situs Address: 40720 CR 29 Legal Description: PT NW4 9 7 66 LOT A REC EXEMPT RE-4604 Dear Walker Rex &Teresa: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the Weld County Code are as follow: While a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, building materials and miscellaneous debris is an Accessory Use in the Agricultural Zone District, it must be completely SCREENED from all adjacent properties and public rights-of-ways. Otherwise, the Noncommercial Junkyard shall be removed or restored. Additionally, 2 (two) cargo containers are an Accessory Use provided building permits are obtained. However, I have been unable to locate any building permits for cargo containers situated on this property. The presence of more than 2 cargo containers requires a Use by Special Review(USR). If you desire to retain more than 2 (two), 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 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. 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. Page 1 of 2 Report ID: CODE000022v002 Print Date-Time: 5/25/2010 10:52:34AM DEPARTMEN. JF PLANNING SERVICES fir () % Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us WilD c E-MAIL: bsalzman@co.weld.co. PHONE: 970-353-6100 X 3555 FAX: 970-304-6498 COLORADO • Sincerely, PAR • Bethany Salzman Zoning Compliance Officer II File: ZCV10-00065 Page 2 of 2 Report ID: CODE000022v002 Print Date-Time: 5/25/2010 10:52:34AM DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3- 138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so wom, deteriorated or obsolete as to make them unusable in their existing condition. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. 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 shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map delineating the property location, in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre-application review request. • Mail,fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. • Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Phone: Fax: Email: Address: Project Description: Property Information: Section-Township- 59 T7N R66W Zoning Agricultural Range Parcel Number 0707 09 2 00 012 Acreage 16.31 +/- Site Address 40720 CR 29 Water Source Legal Description Lot A of RE-4604 aka NW4 of S9 T7N R66W Sewer Owner Name Walker,Rex&Teresa L Is this property currently in violation? 5 Yes (— No Case Number ZCV10-00065 Preferred date and time for meeting: 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: (l Brief project narrative explaining request ❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage Li Conceptual building elevations ❑ Conceptual landscape plan FOR (USR)USE BY SPECIAL REVIEWS: J .of project narrative explaining request "Conceptual site plan showing all structures,parking, nearby roads, and driveway access Existing contours and proposed grades ❑ Conceptual drainage Li 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 71 Conceptual site plan showing all structures, parking, nearby roads, and driveway access Li 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 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4718607 Parcel#: 070709200012 Tax Area: 0919 Bordering County: Acres: 16.31 Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 07 - 66 -09 - 2 - - ):)( 2C(..-S)II\ Owners Name &Address: Property_Address: WALKER REX Street: 40720 29 CR 40720 COUNTY RD 29 City: WELD AULT, CO 80610 Additional Owners: WALKER TERESA L Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 5/2/2007 $115,000 WD 3473661 Legal Description PT NW4 9 7 66 LOT A REC EXEMPT RE-4604 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4147 Acres 16.116 Agricultural 4167 Acres 0.194 Land Subtotal: 16.31 $202 $70 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building Improvements Subtotal: $202,916 $25,140 Total Property Value $203,118 $25,210 Building Details Account#: R4718607 Parcel#: 070709200012 Owners Name &Address: Property Address: WALKER REX Street: 40720 29 CR 40720 COUNTY RD 29 City: WELD AULT, CO 80610 Building# Property Type 1 Residential http://maps2.melrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=070709... 5/7/2010 Identify Results Page 2 of 2 Individual Built As Detail Built As: Ranch 1 Story Year Built: 2008 Exterior: Frame Aluminum HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1920 # of Baths: 2 Roof Type: # of Bdrms: 2 Roof Cover: Preformed Metal # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4718607 Parcel#: 070709200012 Owners Name &Address: Property Address: WALKER REX Street: 40720 29 CR 40720 COUNTY RD 29 City: WELD AULT, CO 80610 Building# Property Type 2 Out Building Individual Built As Detail Built As: Equipment Building Year Built: 2008 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 3600 # of Baths: 0 Roof Type: # 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/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=070709... 5/7/2010 Bethany Salzman From: Sent: Monday, May 24, 2010 1:42 PM To: Bethany Salzman Subject: Zoning Complaint Bethany, I would like the zoning department to investigate compliance with the Weld County zoning regulations at 2 locations, 14066 CR 84 and 40734 CR 29, Ault. Both are zoned as agriculture. I believe that the occupants are in violation of 23-3-30 part K, Cargo Container as accessory structures. The zoning codes states that "two (2) cargo containers may be allowed on property of less than eighty (80) acres in size..." There are currently=>4 containers on each of these properties. The containers at 40734 CR 29 have been in place for over 2 years and in discussion with the owner, we were told these were temporary storage facilities that were to be removed following the completion of their home which occurred over 18 months ago. The containers at the other location (14066 CR 84) have just arrived in the past month and there are at least 7 containers currently on-site. I have not discussed this issue with this neighbor as attempts to contact her via telephone have not been successful and messages not returned. Both lots are—16 acres in size and adjoin my property to the West/Northwest. My contact information is as follows: ELP Thank you for your attention to this matter. Sincerely, 1 fir r AV T • ill 1'I � F♦ `�• , .,� I �' • • rw J 4.• *. eigt 1 " • 8. vr . a ; •-• Via•• l i.. r , ,. jr.' '• ^ } q,_ . •••,a ',t� - . .7` . ;..•1 a - "Ill ..J.:I. i ..:,. J.._,._,.i....,, :F.; :_..., ;, ,i . ...., -I, : .1 ::WS lc WO t on . • r J �I r ,! .. r w 'fit •-• , `/41/y 114• i 4g, I �• !' J r •1 I•I - • tI • • ., - b pi+ ►r..r -a..ter-_— IF_ sir ' r.. r , . .TAt - • y�' .� 'r I • ,. a . - ... f Ir: ' C • .Jw�. W I PI r . Y7 t - 7 , on �' I, 1 �' •!-, I ° r ' •. •, y - y s •�•� • t , . ..1 ,� r ylt+G.� •'•I,, ,3. �• � .� ��. •r'' ••` - r .. _..7 .A a,? .i r �-, r , ,••• NI re 1. w7 , as* y �1 a fr -. , } iv,1 , litin i / iii - r. - - I, r• �1 - r• y. 1 . ,_ • . . s E • pp r I le 1 .ICI '_ i-��i•L•..v 1. V I��,`. . . . ., •/. 1/I. �; . 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I III • ........w.......-.......i w ! . 2 r • 1•♦l«/am r � r Ill r ! � �� -_,-_- t ID r �-1.1 sur II r___.____VP_____17-.. _.-_c___e_,eir9__ • WI an • rl, . .i I : I 2.n Qs,lk' � • W I ri �'o� v� _ r • 1 W,_ r = I, r Ie r I _ eXiik fir-- (/�•�('\) r IW AT/V.\C2,411) � r �i 15.1.0.7 1/4 , W /f/��' r r 661 I lilt!IIIIINEI(III'Ell III UIE Milt till w-1i-. 3473661 06/04/2067 10:15A Weld County DD RECORDER.(. Filed far 1 of 1 R 6.00 D 11.50 Steve Moreno Clerk 8 Recorder -1 ock ey M. DEPUTY. Reception No. WARRANTY DEED • THIS DEED, Made on this day of May 02, 2007 , between DAVID CAMPBELL AND LAURA A. GILL • 9FSu I. of the County of .and State of COLORADO , the Grantor(s), and REX WALKER whose legal address is :213 FIRST STREET EATON, CO 80615 of the County of and of COLORADO the Grantee(s): •• WITNESS, That the Grantor(s), for and in consideration of the an of ( $115,000.00 ) • *** One Hundred Fifteen Thousand and 00/100 """ DOLLARS 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), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the county of • WELD and State of Colorado, described as follows: • ' LOT A OP RECORDED EXEMPTION NO. 0707-09-2 RE-4604, ACCORDING TO THE PLAT RECORDED APRIL 30, 2007 AT RECEPTION NO. 3472019, BEING LOCATED IN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. • also known as street number VACANT LAND AULT CO 80610 • TOGETHER with all and singular and hereditaments and appurtenances thereto 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; PPu unto the Grantee(s),Y TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, • bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery sof these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, :t Subject to general taxes far the year zeoo and those specific en exceptions described by reference Co recorded documents as • reflected in the Title Documents accepted by Oranteelsl in •eeerdance with ...etjon as I Title Ravi ) to the Contract Buy and Sell Real estate relating to the above described property: distribution utility eaaeaenes 'including sable TV); chase specifically described right• et third parties not shorn by the public retards of which Grantee's) has actual knowledge and wbloh ..re ao oepted by areadels) in •o ordanae with Section at (Matters not Shown by the Public, Records) a y 9 ction ec (Survey Review) of the Contract to Sty and Sell Real R.tate relating Co the above described real property, inclusion of the Property within any speoial tax district; and, the benefit and burdens of any declaration and parry wall agreements, if any and other NONE ' The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable • possession of the Grantee(s), his heirs and assigns, against all and every rson or persons lawfult claiming the whole or any part thereof. The singular number shall include the plural, and Mural th outer, the use of any gender shall be applicable to ell genders. d IN WITNESS WHEREOF the Grantor(s) has executed this deed o e date [ 9y' AVID CAMPBELL a URA A. GILL, ATPORN IN PAC: a LAURA A. GILL o STATE DF COLORADO ) 1. )55. county of "I'D ) • • F The foregoing instrument was acknowledged before me on this day of May 02, 2007 • by LAURA A. OILL, ATTO: OR DAVID CAMPBELL AND LAURA A. GILL • If MY nesRlsslon plies \ol_�a,' to '' .SG.Ja�a+/'-� • Witness my he' amp mamma,' • i SNOW ;C Notary Public • ff1N .- i O.i • `I Name and Address of '( Crean %t Created Lege Description ( 38-35-106.5, C.R.S.) °4.uf L • Escrow* GR25072310 When Recorded Return to:REM WALKER • Ii tie* F025072310 ]P 213 FIRST STREET EATON, CO 80615 F Form 84 08/29/04 W01 WARRANTY DEED (Photographic) (4713152) , ..- ....,.r eRecorded in Weld Cr `ty,CO Doc Id:3633007 06/29/2009 10:04 A Receipt#:7419685 Page: 1 of 1 Total Fee:$6.00 Steve Moreno, Clerk and Recorder Reception No. Recorder Recorded at o'clock QUITCLAIM DEED THIS DEED,made this MARCH 9,2009,between REX WALKER of the SAID'County of WELD,and Stale of Colorado,grantor,and REX WALKER AND TERESA L.WALKER whose legal address is 40720 COUNTY ROAD 29,AULT,CO 80610 of the SAID,County of WELD,State of Colorado,grantees: WITNESS,that the grantor,for and in consideration of the sum of TEN AND NO/100,(10.00)DOLLARS,the receipt and sufficiency of which Is hereby acknowledged,has remised,released,sold and QUITCLAIMED,and by these presents does remise,release,sell and QUITCLAIM unto the grantees,their heirs,successors and assigns forever,not in tenancy in common but in joint tenancy,all the right,title,interest,claim and demand which the grantor has in and to the real property,together with improvements,if any,situate,lying and being In the AULT County of WELD and Slate of Colorado,described as follows: - - LOT A,OF RECORDED EXEMPTION NO.0707-09-2 RE-4604,ACCORDING TO THE PLAT RECORDED APRIL 30, 2007 AT RECEPTION NO.3472019,BEING LOCATED IN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH,RANGE 66 WEST OF THE 6T"P.M.,COUNTY OF WELD,STATE OF COLORADO. also known by street and number as: 40720 COUNTY ROAD 29,AULT,CO,80610 - assessor's schedule or parcel number: 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,either in law or equity,to.the only proper use,benefit and behoof of the grantees,their heirs and assigns forever. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable. to all genders. ' IN WITNESS WHEREOF,the grantor has executed this deed on the dale set forth above. • REX WALKER • • STATE OF COLORADO ' County of LARIMER }ss, The foregoing instrument was acknowledged before me this 9th day of March,2009,by REX WALKER• t,nRY M~j°yak Witness •Wmy hand and official seal. 'Ei NO74 My commission expires:MARCH 12,2011 n UC Op p ryPUGIk s 00L0RI`� ran Expires 3111, 'If In Denver,insert-an and". • • Name and Address of persm Creating Neely Created Legal Description(5 38-35-105,C.R.S.) T30&851e1 No.1.62.MET CLAM DEED—JOINT TENANTS • a 4 icr______ , , v r11 " ill' a I _ct) . nc\ict3 r1 all L-. J th N ripa w ..t , , , D 75 in ir \E illii A w .7. \ a , .oeasillati Dee lc V liffli r ttkcs tvesn . V.s. 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