Loading...
HomeMy WebLinkAbout20092721.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ARTHUR AND PHOEBE GALLEGOS 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, Arthur and Phoebe Gallegos, VI #0100244, 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 20th day of October, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Arthur Gallegos, 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 April 20, 2010, to allow adequate time for the property owners to remove the salvage items from the areas outside of the Non -Conforming Use (NCU) boundary, in order to bring the subject property into compliance, and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0100244 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Arthur and Phoebe Gallegos 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 April 20, 2010, to allow adequate time for the property owners to remove the salvage items from the areas outside of the Non -Conforming Use (NCU) boundary, in order to bring the subject property into compliance. 00. Pz-, C. R6t7 2009-2721 PL0824 /I/cap-O /U9 VIOLATIONS - VI #0100244 - ARTHUR AND PHOEBE GALLEGOS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of October, A.D., 2009. BOARD OF COUNTY COMMISSIONERS W LD C Y, COLORADO ATTEST: Weld County Clerk to th BY Deputy Clerk to the Bo APPROV ttor ey Date of signature 111949 William F. Garcia, Chair 1t x,,,1 Q` 44,._-- Douglas(Rademacl er, Pro-Tem Sean P.Conway Barbara Kirkmeye 2009-2721 PL0824 Violation Summary Report BASIC INFORMATION GALLEGOS PHOEBE O/O GALLEGOS APi37819RND ST EVANS, CO 80620 Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: Ann Siron VI -0100244 2150 42ND ST ST Location South of and adjacent to 42nd Street and approximately 1/4 mile West of 17th Ave North Some Ag zone districts, Evans city limits South Some Ag zone districts, Evans city limits East Some Ag zone districts, Evans city limits West Some Ag zone districts, Evans city limits Parcel Number: 096130300008 Certified Mail Date: 05/08/2009 Acreage: Currently the property is in violation of: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.G JUNKYARDS or salvage YARDS. 23-3-40.N Expansion or extension of NONCONFORMING USES. REMEDY AN APPLICATION MUST BE SUBMITTED FOR AN EXPANSION OF THE CURRENT NCU (NCU-282) FOR A COMMERCIAL JUNKYARD OR IT SHALL BE REDUCED TO THE ORIGINAL SIZE THAT WAS APPROVED. RECOMMENDATION The Department of Planning recommends that this case be referred to the County Attorney's office for immediate legal action. LETTER HISTORY 08/23/2001 Complaint Validated 08/23/2001 LTTR: 5 Day Letter 09/12/2001 LTTR: Violation Notice 02/17/2009 LTTR: Violation Notice 03/23/2009 LTTR: Violation Notice 05/08/2009 LTTR: Hearing Notification OTHER CASE HISTORY 08/21/2009 Phone Call CALLED AND LEFT MR. GALLEGOS A MESSAGE TO RETURN MY CALL. THAT THEIR TIME WAS UP TO SUBMIT AN APPLICATION OR REDUCE THE NCU BACK TO ORIGINAL BOUNDARIES AND THAT I WAS GOING TO HAVE TO SCHEDULE THEM INTO 2009-27 Violation Summary Report VIOLATION HEARINGS. 08/21/2009 Phone Call RECEIVED A RETURN PHONE CALL FROM ARTHUR. HE SAID THAT HE WAS LOOKING INTO HIRING SOME PEOPLE TO START TAKING THE JUNK AWAY AND IF HE COULD HAVE EXTRA TIME. I EXPLAINED TO HIM THAT THERE HAS BEEN SO MUCH TIME ON THIS CASE THAT I NEED TO SCHEDULE HIM INTO OCTOBERS VIOLATION HEARINGS. IF HE DID COME INTO COMPLIANCE PRIOR TO THAT WE COULD REMOVE HIM FROM THE DOCKET. HE ASKED WHO HE NEEDED TO TALK TO IN ORDER TO GET MORE TIME THEN IF HE COULDN"T. THE MISQUITOS ARE REALLY BAD. I TOLD HIM ANY EXTENSIONS WOULD NEED TO BE GRANTED BY THE BOARD OF COUNTY COMMISSIONERS AT THIS POINT BUT IT WOULD DEFINITELY HELP HIS REQUEST TO HAVE SOME WORK DONE ON THE PROPERTY OR SHOW A CONTRACT FOR THE WORK THAT IS GOING TO BE HIRED OUT THERE. HE ASKED IF I WOULDN"T MIND MEETING HIM ON SITE TO SHOW HIM WHAT HE NEEDS TO DO. I AGREED AND SCHEDULED A SITE VISIT WITH HIM ON AUGUST 26, 2009 AT 3:30. 09/09/2009 Property Inspected MET THE PROPERTY OWNER, ARTHUR GALLEGOS, ON -SITE AND WE LOOKED AT THE NCU BOUNDARIES ON THE PROPERTY AND ALSO FROM AN AERIAL PHOTO I PROVIDED MR. GALLEGOS A COPY WITH. I ASKED IF HE WOULD BE APPLYING FOR A USR OR IF HE WOULD BE REMOVING AND MOVING VEHICLES BACK WITHIN THE PERMITTED NCU BOUNDARY. HE STATED THAT HE WOULD BE MOVING/REMOVING BUT WOULD NEED SOME EXTRA TIME. ANOTHER COPY OF THE HEARING NOTIFICATION WAS PROVIDED TO HIM AS HE HAD MISPLACED THE ONE SENT TO HIM AND HE WAS URGED TO ATTEND THE VIOLATION HEARING PERSONALLY. HE SAID HE WOULD NEED AT LEAST 6 MONTHS. 10/01/2009 Office Visit ATTORNEY MELVIN DINNER, ARTHUR GALLEGOS, SHIRLEY GALLEGOS, PLANNER CHRIS GATHMAN AND MYSELF MET AT THE GREELEY PLANNING OFFICE. MR DINNER EXPLAINED THAT WITH ALL THE OPTIONS MR. GALLEGOS HAD IT WOULD APPEAR THAT THE BEST AND MOST AFFORDABLE OPTION WOULD BE TO BRING THE COMMERCIAL JUNKYARD BACK INTO THE ORIGINAL BOUNDARIES OF THE NONCONFORMING USE. MR. GALLEGOS HAS BEEN WORKING ON THE PROPERTY ALL LAST WEEK AND HAS A DEAL SET UP WITH ANDERSON"S SALVAGE TO WHERE HE BRINGS IN A MINIMUM OF 20 TONS A MONTH (HE GETS A BETTER RATE ON ANYTHING OVER 20 TONS/MO) AND HE WILL PROVIDE MONTHLY DOCUMENTATION AS TO HIS PROGRESS. THEY ASKED IF THEY COULD POSTPONE HEARINGS SINCE HE IS NOW WORKING ON IT. I EXPLAINED THAT SEVERAL HEARINGS HAVE BEEN SET AND CANCELLED AT THIS POINT AND THE CASE NEEDS TO CONTINUE THROUGH THE PROCESS. EXTENSIONS NEED TO BE COMING FROM THE COUNTY COMMISSIONERS AT THIS POINT. I TOLD HIM WE WERE NOT RECEIVING ACTIVE COMPLAINTS ON THE SITE AT THIS TIME AND THE REQUEST FOR THE CASE TO BE REFERRED TO Violation Summary Report THE COUNTY ATTORNEY"S OFFICE BUT FOR A DELAY OF LEGAL ACTION TO ALLOW HIM TO FINISH THE WORK ON THE PROPERTY. I ENCOURAGED THE ATTENDANCE OF BOTH MR. DINNER AND MR. GALLEGOS. THEY WOULD BOTH BE THERE TO REQUEST ADDITIONAL TIME. a4zn IY�YY� WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us August21, 2009 GALLEGOS PHOEBE C/O GALLEGOS ARTHUR 2200 42ND ST EVANS, CO 80620 Case: VI -0100244 Legal Description: Dear GALLEGOS PHOEBE C/O GALLEGOS ARTHUR: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 10/13/2009 10:00 AM The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.G Roadside stands when the products offered for sale are grown on the premises. Such stands shall be situated not less than fifty (50) feet from the PUBLIC right-of-way. COMMERCIAL JUNKYARD: An open or enclosed area where any waste, JUNK or used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limite, to scrap iron and other metals, paper, rags, rubber tires and bottles. A COMMERCIAL JUNKYARD also includes the storage or keeping of DERELICT VEHICLES. To bring your property into compliance with the Weld County Code: AN APPLICATION MUST BE SUBMITTED FOR AN EXPANSION OF THE CURRENT NCU (NCU-282) FOR A COMMERCIAL JUNKYARD OR IT SHALL BE REDUCED TO THE ORIGINAL SIZE THAT WAS APPROVED. Page 1 of 2 o‘a 'Mc COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us A SITE INSPECTION HAS BEEN SCHEDULED FOR AUGUST 26, 2009 AT 3:30P.M. TO CLARIFY THE NONCONFORMING USE BOUNDARY LINES. 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. Since Ann Zonin pc: SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ardor £a//9905 aaoo qandt. Loans CO gcfo.2b COMPLETE THIS SECTION ON DELIVERY A. Signature yre_,,, X par 7T.z'�rY JTIzN-�� B. ?eyed by (Printed Name) Y` a,fl D. If Cenbig PSin ho e AUG 2 62(109 ❑ Agent ❑ Addressee C.Date of Delivery 1 tSC % RECEIVED Certified Mail 0 Express Mail Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (transfer from service label) PS Form 3811. February 2004 7005 1160 0001 4539 3748 DomnRtir. Return Pnnnint MELVIN DINNER, P_C. ATTORNEY AND COUNSELOR AT LAW 822 7TH STREET, SUITE 540 GREELEY, CO 80631 (970) 352-2081 FAX (970) 352-9172 E-mail: meldinner@earthlink. met September 29, 2009 City of Evans, Colorado 1100-37`h Street Evans, CO 80620 Attention: Mr. Earl H. Smith, P.E. Director of Public Works Re: Letter Agreement dated September 28, 2007 pertaining to the survey and construction of fence line Dear Mr. Smith: As you are well aware from our previous contacts, meetings, correspondence, etc., I represent Mr. Arthur Gallegos who resides at 2200-42"d Street, Evans, CO 80620. As you are also well aware, on September 27, 2007, Arthur Gallegos and I met with you as Director of Public Works for the City of Evans, Colorado, and with Greg Hughes of GLH Construction, Inc. in connection with a storm sewer easement matter involving the Arthur Gallegos property along 23`d Avenue, and other related matters. As a result of that meeting that took place on September 27, 2007 a Letter Agreement dated September 28, 2007 was prepared by me pertaining to this matter and ultimately signed by Arthur Gallegos and by you as Director of Public Works on behalf of the City of Evans, Colorado and by Greg Hughes on behalf of GLH Construction, Inc. The Letter Agreement specifically provided for a number of items, some of which have been completed, and also provided for the City of Evans at their sole cost and expense to obtain a proper and adequate survey from a qualified land surveying company to determine the exact legal description of the 30 foot strip that was being purchased and acquired by the City of Evans, Colorado from Arthur Gallegos in order for him to provide a Quit Claim Deed to the City of Evans, Colorado covering the 30 foot strip. The Letter Agreement also provided for the City of Evans, Colorado, at their own total cost and expense, to construct and complete a proper and adequate 8 foot chain link fence with slats along various boundary lines as more specifically described in the Letter Agreement dated September 28, 2007. September 29, 2009 Page 2 In view of the fact that no action has been taken by the City of Evans in completing the latter two matters, meaning the survey and the construction and installation of a proper and adequate 8 foot chain link fence with slats along the various boundary lines as outlined in the Letter Agreement, a meeting was scheduled and held with you on July 31, 2009 attended by you, Mr. Gallegos, by me and another representative on behalf the City of Evans at the Gallegos property site. It has now been almost two months since the date of our last meeting of July 31, 2009 and apparently no further action has yet been taken by the City of Evans, Colorado in getting these matters even commenced. It is therefore necessary to once again bring these matters to your attention and request that the survey needs to be made by a qualified land survey company, with copies provided to me on behalf of Mr. Gallegos and a suitable and proper fence to be constructed and installed as required by the Letter Agreement pursuant to and in accordance with the terms of the Letter Agreement. Both Mr. Gallegos and I look forward to the City of Evans promptly moving forward with these matters. Very bu.Y.IJ- ,L,_ t MELVIN DINNER MD/as pc: Arthur Gallegos MELVIN DINNER, P.C. ATTORNEY AND COUNSELOR AT LAW 822 7TH STREET, SUITE 540 GREELEY, CO 80631 (970) 352-2081 FAX (970) 352-9172 E-mail: meldinner@earthlink.net September 28, 2007 Arthur Gallegos 1200 -42nd Street Evans, CO 80620 City of Evans, Colorado 1100 -37th Street Evans, CO 80620-2036 Attention: Mr. Earl H. Smith, P.E. Director of Public Works GLH Construction, Inc. 780 East Garden Drive Windsor, CO 80550 Attention: Greg Hughes Re: Storm Sewer Easement involving the Arthur Gallegos Property along 23`d Avenue Gentlemen: Pursuant to the conference scheduled and held on Thursday, September 27, 2007 attended by Mr. and Mrs. Arthur Gallegos, Melvin Dinner, Attorney on behalf of Arthur Gallegos, Earl H. Smith, P.E., Director of Public Works for the City of Evans, Colorado, and Greg Hughes of GLH Construction, Inc., it is recognized by the parties that the City of Evans, Colorado has hired GLH Construction, Inc. to construct and install a 72" storm sewer line at approximately 14 to 16 feet in depth through a 30 foot strip east of the west boundary line in Section 30, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, with a projected commencement time of approximately December 1, 2007, with said projected construction time to take approximately 2 to 2 %2 weeks of construction, depending, of course, upon weather conditions at the time. It is further recognized by the parties that there is presently in existence a series of power line poles with a transmission line near the west boundary line of the Gallegos property located in Section 30, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. It is also recognized by the parties that in addition to the utilization of the 30 foot area to be utilized for construction and installation of the 72" storm sewer line that a temporary 30 foot constrution easement area will be needed by GLH project, which area will lie r east of the 30 foot permanent area strip along the west boundary pr jline September 28, 2007 Page 3 5. That Arthur Gallegos, his heirs, successors an assigns, shall have rights of access from the Gallegos property to 23rd Avenue. 6. That Arthur Gallegos and GLH Construction, Inc. shall mutually work out appropriate arrangements for the placement of the excess dirt to be created from the construction and installation of the storm sewer line, with the excess dirt to be placed at locations as determined by Arthur Gallegos on his property. 7. That GLH Construction, Inc. shall provide a $500.00 payment to Arthur Gallegos prior to the commencement of construction and installation of the storm sewer line for the purpose of obtaining a temporary construction easement from Arthur Gallegos of an additional 30 feet east of the 30 foot strip east of the west boundary line of said Section 30, which temporary construction easement shall terminate upon completion of the storm sewer project involving the Arthur Gallegos property. 8. That after the construction and completion of the installation of the storm sewer line and the movement and removal of the excess dirt to locations as specified and determined by Arthur Gallegos, GLH Construction, Inc. shall properly and adequately level the surface area involved on the Gallegos property where construction has occurred and where dirt is to be placed during the construction period. 9. That in order to determine the exact legal description of the 30 foot area strip being purchased and acquired by the City of Evans, Colorado from Arthur Gallegos, the City of Evans, at their own cost and expense, shall obtain a survey from King Surveyor, Inc. or another qualified land survey company. 10. That the City of Evans, Colorado will provide appropriate copies of the land survey to Arthur Gallegos in order for Mr. Gallegos to provide a Quit Claim Deed to the City of Evans, Colorado of the 30 foot area strip involved, based upon the legal description of the 30 foot strip area established by the survey. 11. That the parties hereinabove named concur, approve and consent to the terms and provisions of the settlement arrangements as hereinabove provided. Arthur Gallegos Date: Date: September 28, 2007 Page 3 5. That Arthur Gallegos, his heirs, successors an assigns, shall have rights of access from the Gallegos property to 23`d Avenue. 6. That Arthur Gallegos and GLH Construction, Inc. shall mutually work out appropriate arrangements for the placement of the excess dirt to be created from the construction and installation of the storm sewer line, with the excess dirt to be placed at locations as determined by Arthur Gallegos on his property. 7. That GLH Construction, Inc. shall provide a $500.00 payment to Arthur Gallegos prior to the commencement of construction and installation of the storm sewer line for the purpose of obtaining a temporary construction easement from Arthur Gallegos of an additional 30 feet east of the 30 foot strip east of the west boundary line of said Section 30, which temporary construction easement shall terminate upon completion of the storm sewer project involving the Arthur Gallegos property. 8. That after the construction and completion of the installation of the storm sewer line and the movement and removal of the excess dirt to locations as specified and determined by Arthur Gallegos, GLH Construction, Inc. shall properly and adequately level the surface area involved on the Gallegos property where construction has occurred and where dirt is to be placed during the construction period. 9. That in order to determine the exact legal description of the 30 foot area strip being purchased and acquired by the City of Evans, Colorado from Arthur Gallegos, the City of Evans, at their own cost and expense, shall obtain a survey from King Surveyor, Inc. or another qualified land survey company. 10. That the City of Evans, Colorado will provide appropriate copies of the land survey to Arthur Gallegos in order for Mr. Gallegos to provide a Quit Claim Deed to the City of Evans, Colorado of the 30 foot area strip involved, based upon the legal description of the 30 foot strip area established by the survey. 11. That the parties hereinabove named concur, approve and consent to the terms and provisions of the settlement arrangements as hereinabove provided. 62 hur Gallegos J o- 9-o7 September 28, 2007 Page 4 City of Evans, Colorado By Earl H. Smith, P.E. Director of Public Works Date: /O/9/37 GLH Construction, Inc. By Greg Hughes Date: The above described document needs to be signed by each of you and returned to my office. Upon receipt of the signed documentation from each of you, I will provide copies of same to each of you accordingly. Very truly y JUL-1L, MELVIN DINNER MD/as • September 28, 2007 Page 4 City of Evans, Colorado By Earl H. Smith, P.E. Director of Public Works Date: GLH Construction, Inc. By Greg Date: Ap g —0 The above described document needs to be signed by each of you and returned to my office. Upon receipt of the signed documentation from each of you, I will provide copies of same to each of you accordingly. Very truly y MELVIN DINNER MD/as • 42nd St = ...... .. ... .... .. a 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. The second and fourth Friday of any given month pre -applicant reviews are held in the Soethwest Service Center office at 10:30 a.m., 11:30 a.m., 1:00 p.m., 2:00 p.m. and 3:00 p.m. Pre -Application reviews are held Thursday 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: Arthiit Gallagns/Phnehe Gallegns c/o Arthur Gallegos Phone: 970-330-9097 Fax: N/A Email: N/A Address: 2200 -42nd Street, Evans, CO 80620 Project Description: Part nf NW/4SW/4 and SW/4SW/4 nf SPr 30-5-65 Property Information: SPq Section -Township - Range Zoning Parcel Number Acreage Site Address Water Source Legal Description Sewer Owner Name Is this property currently in violation? See maps attached cittice:Use Only, Project Title: Description:' Review Date jy, Yes fl No Case Number V1-0100244 Weld County Department of Planning Services Greeley Office - 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 Property Information: Section 30, Township 5 North, Range 65 West Agricultural Zoning Arthur: Parcel No. 096130300022 Parcel No. 096130300014 Parcel No. 096130300015 Parcel No. 096130300012 Phoebe: Parcel No. 096130300009 Parcel No. 096130300021 Parcel No. 096130300008 Site Address: 2200-2212 42nd Street, Evans, CO 80620 Arthur: Legal Description: Part of Lot 2 and All Lot 3 and 4 and Lot 5 and 6 N. of Evans Ditch and all Lot 7 of NW/4SW/4 30-5-65 and also Lots 2, 3 and 4 of SW/4SW/4 N. o f Evans Ditch Phoebe: Legal Description: Lot 1 NW/4SW/4 30-5-65 and part of Lot 2 to 4 of NW/4SW/4 of 30-5-65 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 ❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ilk.Conceptual drainage ❑ Conceptual building elevations ❑ Conceptual landscape plan FOR (USR) USE BY SPECIAL REVIEWS: E 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 Greeley Office 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 COLORADO Public Works Department RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI #0100244 AGAINST PHOEBE GALLEGOS, C/O ARTHUR GALLEGOS 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, Phoebe Gallegos, c!o Arthur Gallegos, VI #0100244, 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 July, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Phoebe Gallegos, do Arthur Gallegos was not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to refer said violation back to the Department of Planning Services, per request of staff. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that VI #0100244 be, and hereby is, referred back to the Department of Planning Services for further consideration. 2009-1607 t"2-, i;, ) ( h- /%/i'% PL0824 VIOLATIONS - VI #0100244 - PHOEBE GALLEGOS, C/O ARTHUR GALLEGOS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded. adopted by the following vote on the 14th day of July, A.D., 2009. ATTEST: Weld County Clerk to the B BY De Clercto the Boar APPRO e S TO FO hty Attorne David E. Long Date of signature /13 IN BOARD OF CQUNTY COMMISSIONERS WELD`COYN- , COLORADO 'ham F. Garcia, Chair ?fee — Douglas Rademach i Sean P. Conway AJ'41 A _ arbara Kirkmeyer EXCUSED l%rprk(' f, Pro-Tem 2009-1607 PL0824 1�1 vorb WiiDe. COLORADO tv MEMORANDUM TO: PA09-068; Case File, pre -application DATE: June 25, 2009 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre -Application Meeting prior to submitting USR for expansion of NCU-282 Attendees: Arthur Gallegos, Applicant Shirley Gallegos, Applicant Alfred Gallegos Don Carroll, Public Works Lauren Light, Environmental Health (via phone) Ann Siron, Zoning Compliance Chris Gathman, Planning Kris Ranslem, Planning On Thursday, June 25, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed storage area for auto salvage. (The legal description is NW4SW4 located in Section 30, T5, R65W of the 6'h P.M.; Situs Address is 2212 42 St) Background Information: The applicant indicated that his sister's property operates under the NCU-282. He currently has several parcels which contain auto salvage parts that have spilled over from the NCU. The applicant intends to clean up the property but would like to have it permitted for a short period of time (approximately 4-5 years). Potentially in the future, the applicant would like to include a covered storage area for personal vehicles, RVs, etc. to accommodate neighboring subdivisions. The applicant indicated that at times some of the auto parts would be moved to the NCU portion of the property. No customers come to the site. The public parks within the boundaries of the NCU and does not have access to the applicant's property. The property is zoned Agricultural and encumbers approximately 5 acres. The site is located within the City of Evan's Growth Management Area as well as in an old platted townsite dated in the 1920s. Health Department The applicant stated that there are three (3) sewer stubs within 400 feet of his property. According to code, the applicant would need to hook up to city sewer if it is located within 400 feet of the applicant's property. Staff encouraged the applicants to visit with the City of Evans on this issue. Water is provided by the City of Evans. Staff indicated that if the applicant is proposing to have a storage business they will need to provide water and sanitation facilities for the public. Public Works No Traffic Study is required; however staff requested that the applicant estimate the number of trips per day. Staff informed the applicant that if there are any changes they wish to make to the access they need to visit with the City of Evans as they have jurisdiction on 42nd Street. The applicant will need to identify the parking areas for customers. The applicant will need to provide a description of how the drainage is handled on the applicant's property and show the flow. Planning Department Staff strongly encouraged the applicants to visit with the City of Evans with regard to the City's Growth Management Area as well as access and any compatibility issues with this proposal. The applicant indicated that he intends to contain the salvage yard to the centermost portion of the properties to allow an acreage buffer along the boundary lines. The site is currently in violation. The applicants will need to submit a completed application within 60 days of today's date or show substantial progress in the clean-up of the site to avoid violation hearings before the Board of County Commissioners. Staff stated that they will review this proposal at a staff meeting on Friday morning to determine the best options for the applicant to proceed. Staff will contact the applicant by phone on Friday afternoon with their determination. Staff handed out an application for the applicant's to review. In addition, staff provided code regulations of what is allowed as a use by right in an agricultural zone district. Staff urged the applicant to contact staff for any questions: Planner On Call (Greeley office) Monday through Thursday 7:30 to 11:30 a.m. Planner On Call (Longmont office) Tuesday and Thursday 12:30 to 4:30 p.m. End memorandum. Ca ) 4 cc' -r/acd zor c %-C cr Gra Ui WELD COUNTY Tit Ku r}rcZ> pow t,vd-ex,papyl 11O n ,, NC L( PRE-APPLICATIONEVIEW REQUEST Ld. 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-appiicationreviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. The second and fourth Friday of any given month pre -applicant reviews are held in the Southwest Service Center office at 10:30 a.m., 11:30 a.m., 1:00 p.m., 2:00 p.m. and 3:00 p.m. Pre -Application reviews are held Thursday 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: Arthur Gallegos Phone: 970-330-9097 Fax: N/A Email: n/a Address: 2200 -42nd Street, Evans, CO 80620 • Project Description: Property Information: Section -Township - Range Section 30, T5N, R65W Zoning Parcel Number r F "'r '5-b Acreage Site Address Water Source in - well stubbec for City of Legal Description �l,PJW7 /45W/4 %0-57,6 L2 Sewer Evans - no tap Owner Name Phoebe Gallegos Is this property currently in violation? Weld County Department of Planning Services Greeley Office - 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 es r- No Case Number V1— 0MO37d/ Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 s 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: fl II II li Brief project narrative explaining request Conceptual site plan showing all structures, parking, nearby roads, and driveway access Existing contours and proposed grades Conceptual drainage Conceptual building elevations Conceptual land FOR (USR) USE BY SPECIAL REVIEW ive explaining request Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades Conceptual drainage Conceptual landscape plan FOR (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): LJ ❑ 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 Greeley Office 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 11 1111111c COLORADO May 26. 2009 GALLEGOS PHOEBE 0/0 GALLEGOS ARTHUR 2200 42ND ST EVANS, CO 80620 Case: VI -0100244 Legal Description: Dear GALLEGOS PHOEBE 0/0 GALLEGOS ARTHUR: WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 07/14/2009 10:00 AM The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.G Roadside stands when the products offered for sale are grown on the premises. Such stands shall be situated not less than fifty (50) feet from the PUBLIC right-of-way. COMMERCIAL JUNKYARD: An open or enclosed area where any waste, JUNK or used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limite, to scrap iron and other metals, paper, rags, rubber tires and bottles. A COMMERCIAL JUNKYARD also includes the storage or keeping of DERELICT VEHICLES. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION ON MARCH 20, 2009 A PRE -APPLICATION REVIEW REQUEST SHALL BE COMPLETED AND SUBMITTED TO TH. DEPARTMENT OF PLANNING SERVICES. YOU WILL THEN BE CONTACTED AND A MEETING WILL BE SCHEDULED TO DISCUSS DETAILS OF THE VIOLATION. A PRE -APPLICATION REVIEW REQUEST FORM HAS BEEN INCLUDED FOR YOUR CONVENIENCE. Page 1 of 2 star, WADe COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX. 970-304-6498 E -Mail: asiron@co.weld.co.us 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. Ann Siron Zoning Compliance Officer pc: VI -0100244 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Ripely &11P ES Cho Qrfhurta/ll fy6 S adco ►d st IGUuns CO co u 3-02.9-0c7 2. Article Number (transfer from service label) PS Form 3811, February 2004 A. SignRture B. Received by (Printed Name) / ❑ Agent -111 O Addressee C. Date of Delivery D. Is delivery a•dress different • •m item 1? D Yes If YES, enter delivery address below: ID No 3:2Toice Type Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail C C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7007 1490 0004 7353 1917 Domestic Return Receipt 102595-02-M-1540 Page 2 of 2 hiDe March 23, 2009 GALLEGOS PHOEBE 2150 42ND ST GREELEY, CO 80634 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us Case: VI -0100244 Legal Description: Dear: GALLEGOS PHOEBE : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.G JUNKYARDS or salvage YARDS. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION ON MARCH 20, 2009 A PRE -APPLICATION REVIEW REQUEST SHALL BE COMPLETED AND SUBMITTED TO THE DEPARTMENT OF PLANNING SERVICES. YOU WILL THEN BE CONTACTED AND A MEETING WILL BE SCHEDULED TO DISCUSS DETAILS OF THE VIOLATION. A PRE -APPLICATION REVIEW REQUEST FORM HAS BEEN INCLUDED FOR YOUR CONVENIENCE. 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 04/06/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Page 1 of 2 Wipe Sincerely, t Ann Siron Zoning Compliance Officer pc: VI -0100244 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us Page 2 of 2 WE�YCCOLORADO March 5, 2009 GALLEGOS PHOEBE 2200 42ND ST GREELEY, CO 80634 Case: VI -0100244 Legal Description: Dear: GALLEGOS PHOEBE : WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.G JUNKYARDS or salvage YARDS. To bring your property into compliance with the Weld County Code: THE "COMMERCIAL AUTO SALVAGE YARD" SHALL BE RETURNED TO ITS ORIGINAL BOUNDARY AS APPROVED THROUGH YOUR NONCONFORMING USE (NCU-282. BASED ON THE MAPS PROVIDED IN YOUR NCU PERMIT IT APPEARS THAT EXPANSION HAS OCCURED. IF THE EXPANSION IS NOT RETURNED TO ITS ORIGINAL CONDITION, THE NONCONFORMING USE COULD BE VOIDED. FOR YOUR CONVENIENCE, I HAVE INCLUDED A COPY OF THE APPROVED BOUNDARIES FOR YOUR EXISTING NCU PERMIT. 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 03/17/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Page 1 of 2 Ct" MSc COLORADO Sincerely, Ann Siron Zoning Compliance Officer pc: VI -0100244 Cc: Melvin Dinner V; , rh s t #S474O C-ree fry (la g oco3 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us Page 2 of 2 MESL4IN DINNFIR , P.C. ATTORNEY AND COUNSELOR AT LAW 640 BANK ONE PLAZA OREELEY, CO 80631 (970) 362-2081 FAX (970) 362-9172 July 7, 2003 Weld County Department of Planning Services Code Compliance Division 1555 North 17th Avenue Greeley, CO 80631 Attention: Ms. Bethany Salzman, Zoning Compliance Officer Re: Dear Ms. Salzman: V1-0100244, Lot 1, part of the NW4SW4 of Section 30, T5N, R65W of the 6`h P.M., Weld County, Colorado Phoebe Gallegos VI -0100260, part of the NW4SW4 of Section 30, T5N, R65W of the 6th P.M., Weld County, Colorado Arthur Gallegos Pursuant to our previous arrangements, I am enclosing herewith, in our customary manner, on behalf of Arthur Gallegos, copies of 19 receipts issued by Andersen's Sales and Salvage, Inc. covering the removal and sale of salvage material from the Gallegos property that was sold and delivered to Andersen's Sales and Salvage, Inc. during March, April, May and part of June, 2003. In addition, I am also enclosing herewith, in accordance with our previous procedure regarding this matter, copies of the documentation providing the date, receipt number and poundage as identified by the 19 receipts. During the time frame involved, there was a total of 86,880 lbs. as hereinafter described: Date 3/27/03 3/21/03 6/11/03 6/17/03 4/2/03 4/3/03 4/4/03 4/29/03 Receipt Number 083843 083562 087323 087556 084001 084128 084185 085354 Poundage 4620 5820 4540 6760 3860 4300 3180 4560 July 7, 2003 Page 2 5/9/03 5/19/03 3/24/03 3/21/03 5/2/03 5/1/03 5/2/03 5/7/03 5/9/03 Total 085866 086293 083638 083569 085571 085494 085552 085745 085600 4540 4080 5040 340 5180 6320 1360 6580 5620 86,880 I am also enclosing herewith in addition copies of 10 photographs taken by Mr. Gallegos depicting salvage material prior to clean-up and after clean-up during the time frame involved, which salvage material was either placed within the boundaries of the salvage yard or removed and sold from the premises. During the time frame involved, Mr. Gallegos has been ill and his wife has been seriously ill with a heart condition, spending time in the hospital and at home, requiring her husband's time, care and attention in looking after his wife. Mr. Gallegos indicates that now that his wife is feeling somewhat better he is anticipating that he will be able to move forward with these salvage matters and proceed forward with the clean-up. I will continue to keep you advised. Very truly yours MELVIN DINNER MD/as enclosures Pc: Arthur Gallegos Frances Gunn Phoebe Gallegos Swanson MEII.VIN DINNY3R, P.C. ATTORNEY AND COUNSELOR AT LAW 840 BANK ONE PLAZA GREELEY, CO 80631 (970) 352-2081 FAX (970) 352-9172 November 9, 2001 Weld County Department of Planning Services Code Compliance Division 1555 North 17`x' Avenue Greeley, CO 80631 Attention: Ms. Bethany Salzman. Zoning Compliance Officer Re: Dear Ms. Salzman: Weld County Planning Dept. RECEIVED VI -0100244, Lot 1. part of the NW4SW4 of Section 30, T5N, R6S W of the 6111 P.M., Weld County, Colorado Phoebe Gallegos V1-0100260, part of the NW4SW4 W 4 of Section 30, TSN, R65W of the 6`h P.M.. Weld County, Colorado Arthur Gallegos As outlined in my previous contacts and telephone conferences with you. I represent Ms. Phoebe Gallegos. a/Ida Phoebe Gallegos Swanson, and her brother, Mr. Arthur Gallegos. who resides at 2200 -42nd Street. Frans. CO 80620. I call your attention to my correspondence dated October 8. 2001 in connection with the above entitled matter. M'h-. Gallegos has indicated to me that although he is making considerable progress in completing the removal of the various items located beyond the Phoebe Ciallegos property boundary line. it has been taking longer than anticipated to complete the removal and clean-up of the items involved. Mr. Gallegos has informed me that he has completed approximately more than 50% of the work project, but that additional time will be needed to complete the removal of the items involved. Accordingly. this letter shall serve to advise you that I am therefore requesting an additional extension to and until Wednesday. January 9. 2002, to complete the work project involved regarding the removal of the various items because of the holidays and potential weather problems. On Friday, November 9, 2001 when I conferred by telephone with Mr. Gallegos regarding this work project. he indicated that he is making good progress. but it is taking considerably more time than November 9, 2001 Page 2 initially anticipated to get all of this work done. Accordingly. I would thus appreciate your extending the time limits involved as hereinabove described. Thanking you in advance for your cooperation in connection with these matters, I remain Very trul yours, v MELVIN DINNER MD/as Cc: Arthur Gallegos Frances Gunn Phoebe Gallegos Swanson 1VIELVIM DIMMill R, P.C. ATTORNEY AND COUNSELOR AT LAW 540 BANK ONE PLAZA GREELEY, CO 80531 (970) 352-2081 FAX (970) 352-9172 October 8, 2001 Weld County Department of Planning Services Code Compliance Division 1555 North 17d' Avenue Greeley. CO 80631 Attention: Ms. Bethany Salzman. Zoning Compliance Officer Dear Ms. Salzman: Weld County Planning Dept, 1 G 2001 RECEIVED Re: V1-0100244, Lot I. part of the NW4SW4 of Section 30, T5N, R65W of the 6th P.M., Weld County, Colorado Phoebe Gallegos V1-0100260, part of the NW4SW4 of Section 30, T5N, R65W of the 6'h P.M., Weld County, Colorado Arthur Gallegos As indicated to you during the course of our recent telephone conference, I represent Ms. Phoebe Gallegos. a/k/a Phoebe Gallegos Swanson, who resides in the State of Arizona, but who is the owner of the property that you have outlined in your Weld County Zoning Violation Notice. In addition. I also represent Mr. Arthur Gallegos who resides at 2200 -42nd Street, Evans, CO 80620. Conies of your correspondence dated September 12, 2001 addressed to Ms. Phoebe Gallegos at 2150-420° Street, Evans, CO 80620 and your letter dated September 12, 2001 addressed to Mr. Arthur Gallegos at 2200 -42nd Street, Evans, CO 80620, have been made available to me. As indicated to you during the course of our recent telephone conference, it is my understanding that the salvage yard in question has been in existence for at least 50 years. or more. As further outlined to you during the course of our telephone conference, Mr. Russell Gallegos, brother to Phoebe Gallegos and Arthur Gallegos, was basically involved with the management of the salvage yard. Mr. Russell Gallegos is currently quite ill and unable to perform his duties and functions with reference to the management and administration of the salvage yard, and consequently. his brother, Arthur Gallegos, has found it necessary to take over and manage the salvage yard in question. October 8, 2001 Page 2 As indicated to you during the course of our telephone conference, Mr. Arthur Gallegos has contracted with a vehicle crushing firm that has been operating on the premises for quite a number of weeks now which will eventually get the salvage yard back to its original boundary lines. It is further anticipated that it will take at least 30 to 40 days to complete the removal of the various items located beyond the Phoebe Gallegos boundary line, assuming that the salvage crusher can complete his operations and Mr. Arthur Gallegos can complete arrangements with other third parties to remove the other items, such as appliances, located on the Arthur Gallegos property. I will continue to keep you advised. As further outlined during the course of our telephone conference, I would be pleased to meet with you in connection with these matters, or if you wish, to meet with you at the property site, in order to review the progress that is being made with reference to removal of the items beyond the original boundary line. In the event that you have gone out to the property and inspected it recently, you will have noticed that a considerable quantity of the vehicles located beyond the boundary line as shown on your aerial photo have been removed and that additional work is being done to return the salvage yards to its original boundary lines. As further outlined to you during the course of our telephone conference, both Mr. Arthur Gallegos and Ms. Phoebe Gallegos are desirous of working with you in connection with these matters so that no further action will be needed or necessary under the circumstances. I look forward to hearing from you at your earliest convenience. MEI.VIN DINNER MD/as Cc: Arthur Gallegos Frances Gunn Phoebe Gallegos Swanson We fa Co:Jnty P an n.g D of September 18, 2001 Weld County Colorado Department of Planning Services Code Compliance Division 1555 N. 17th Avenue Greeley, Colorado 80631 Bethany Salzman: Zoning Compliance Officer Subject: VI -0100260, Part of the NW4SW4 of Section 30, T5N, R65W of the 6th P.M., Weld County, Colorado Dear Ms. Salzman: Your letter that arrived on the 15`h of September 2001 indicates an operation of a commercial junkyard. I respectfully request an appointment with you to address, clarify and comply with this issue. In the past, a request by the person that was in charge of said junkyard sub- mitted a request to use this area to set up a clean up project related to the salvage yard that you refer to. It was my understanding at said time that this was permissible and acceptable. There was no mention of any required or needed permit or permits. This arrangement was to allow the junkyard the space to be able to work in a less confined area. If there is a permit required, I will gladly cooperate and indeed comply with this requirement. The use of said area was not and is not a permanent situation. The person in charge of this project became ill and unfortunately was unable to return which halted the completion of the previous goal. Adjustments have been implemented and operation for said clean up resumed on the 6th of September and is making extreme progress. I will be in touch with you to make arrangements to discuss this with you. Thank you for bringing this to my attention and I assure that you have my complete cooperation in this matter. Sincerely, Arthur Gallegos Wik COLORADO September 12, 2001 Mr. Arthur Gallegos 2300 42"d Street Evans. CO 80620 DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (9701304-6498 Subject: VI -0100260, Part of the NW4SW4 of Section 30, T5N, R6SW of the 6' P.M., Weld County, Colorado Dear Mr. Gallegos: 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, The potential noncompliance with the Weld County Code is a commercial junkyard operation without the required County and State permits. The above portion of property is not located within the boundaries of NCU-282 (a commercial auto salvage yard for Phoebe Gallegos) and thus is being considered as a violation. This case has also been forwarded to the Department of Public Health and Environment. Please contact me within five working days of the date of this letter to review these concerns with me. Failure to show progress or close the case will result in a thirty -day violation notice will be issued. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, 1.-J4CNN\Sifi-crn' Bethany Salzmaci Zoning Compliance Officer pc: V1-0100260 Department of Planning Services Bruce Barker, County Attorney SERVICE. TEAMWORK, IN'I'F(RITV, Ql'AI .I1'Y fiau,\ *.1 Wine COLORADO September 12, 2001 Ms. Pheobe Gallegos 2150 42nd Street Evans, CO 80620 DEPARTMENT C PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE Subject: VI -0100244, Lot 1, part of the NW4SW4 of Section 30, T5N, R65W of the 6`' P.M., Weld County, Colorado Dear Ms. Gallegos: 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 III, Div 1 "A (Agricultural) Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by special review." Section 23-3-40.G "Junkyards or salvage yards." To bring your property into compliance with the Weld County Code: The "Commercial Auto Salvage Yard" shall be returned to its original boundary as approved, otherwise a Use by Special Review application shall be received. While we did indeed receive your letter dated September 6, 2001, a telephone number was not included and therefore we have no other way to reach you other than by letter. Additionally, please be advised that this case has been forwarded to the Weld County Department of Public Health and Environment due to the boundary extension and, as a result, new necessary state permits. 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 30 (thirty) days from , September 12,2001, 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 helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, • telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sipcerely, Bethany Salzman " Zoning Compliance Officer pc: VI -0100244 Department of Planning Services Department of Public Health and Environment Bruce Barker, County Attorney SERVICE, TEAMWORK INTEGRITY, QUALITY Weld County planning Dept. September 6, 2001 Weld County Colorado Department of Planning Services Code Compliance Division 1555 N. 17`h Avenue Greeley, Colorado 80631 Bethany Salzman: Zoning Compliance Officer RECEI ;VED Subject: VI -0100244, Lot 1, part of the NW4SW4 of Section 30, T5N, R65W of the 6`" P.M., Weld County, Colorado August 23, 2001 Letter Copy of Boundaries Current Address In response to your letter dated August 23rd that was delivered on Wednesday, September 5th, 2001. Your letter imposed a 5 day response deadline thus the delivery date being 13 days later making the arrival time fall far beyond you imposed deadline. The letter was addressed to 2150 42 Street, Greeley, Colorado 80634. In July of 2000 the postal service restructured the mailing system and incorporated said address into the Evans Postal Service thus making this address 2150 42 Street, Evans, Colorado 80620 and obviously delaying the delivery of said letter. Thank you for including your copy of approved boundaries. The issue of non- compliance and said boundaries is indeed a concern and we request clarification pertaining to these issues. Until we can schedule time to discuss these issues, we are disputing the boundaries and the issue of compliance. Thank you. Phoebe Gallegos Wilk COLORADO August 23, 2001 Ms. Pheobe Gallegos 2150 42nd Street Greeley, CO 80634 DEPARTMENT OF PLANNING SERVICE Code Compliance Divisic Website: WWW.CO.WELD.CO.L E-mail Address: bsalzman@co.weld.co.t 1555 N. 17th Avenue, Greeley, CO 8063 Phone: (970) 353-6100, Ext. 354 Fax: (970) 304-649 Subject: VI -0100244, Lot 1, part of the NW4SW4 of Section 30, T5N, R65W of the 6i° P.M., Weld County, Colorado Dear Ms. Gallegos: 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. The potential noncompliance with the Weld County Code is the expansion of your Nonconforming Use (NCU-282). Based on the maps provided in your Nonconforming Use permit, it appears that expansion has occurred. If the expansion is not returned to its original condition, the Nonconforming Use could be voided. For your convenience, I have included a copy of the approved boundaries for your existing NCU permit. Please contact me within five working days of the date of this letter to review these concerns with me or a thirty - day violation notice will be issued. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, 5cthany 3aizman Zoning Compliance Officer pc: VI -0100244 Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE. TEAMWORK. INTEGRITY. QUALITY WI�Oc. COLORADO August 23, 2001 Ms. Pheobe Gallegos 2150 42nd Street Greeley, CO 80634 DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 Subject: VI -0100244, Lot 1, part of the NW4SW4 of Section 30, T5N, R65W of the 6th P.M., Weld County, Colorado Dear Ms. Gallegos: 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. The potential noncompliance with the Weld County Code is the expansion of your Nonconforming Use (NCU-282). Based on the maps provided in your Nonconforming Use permit, it appears that expansion has occurred. If the expansion is not returned to its original condition, the Nonconforming Use could be voided. For your convenience, I have included a copy of the approved boundaries for your existing NCU permit. Please contact me within five working days of the date of this letter to review these concerns with me or a thirty - day violation notice will be issued. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, n Bethany Salzman Zoning Compliance Officer pc: VI -0100244 Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE, TEAMWORK. INTEGRITY. QUALITY WUDc. COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ❑ ZONING CODE COMPLAINT ❑ Staf rName: ❑ Citizen ❑ Other: O HEALTH DEPARTMENT Citizen's Name (If known)_ ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known): ❑ BUILDING CODE COMPLAINT O PUBLIC WORKS / PEST & WEEDS c Pending Case # (i.e. USR, RE, SE, ect...):f.�' 7 7, Legal Description: -Ss 13t,0SJN- C ac'" 5- L oc: Parcel #: @TtLT\•'�k' Violation Address: Property Owners Name:C—akteiv-- ,I k-AnC'e.' Phone: Property Owners Address: 7 \ (-MC) 47c Tenant's Name: Phone: Date Complaint was received: Tenant's Address: NATURE OF COMPLAINT: Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4024386 Tax Area: 0641 Bordering County: Acres: 2.27 Township Range_Section Dart. Sec. 05-65-30-3 Owners Name & Address: GALLEGOS ARTHUR 2200 42 ST EVANS, CO 80620 Business/Complex: Sale Date Sale Price $0 Parcel#: 096130300012 Subdivison Name Block# Lot# ST LOUIS WESTERN COLONY - - 3 Property Address: Street: 2212 42 ST WELD City: WELD Sales Summary DeedType Legal Description Reception # 13461 N296' L3 NW4SW4 30-5-65 SITUS: 2212 42 ST WELD Land Type Residential Land Subtotal: Bldg# 1 Abst Code 1112 Property Type Residential Improvements Subtotal: Total Property Value Account#: R4024386 Owners Name & Address: GALLEGOS ARTHUR 2200 42 ST EVANS, CO 80620 Building# 1 Built As: Exterior: Ranch 1 Story Frame Siding Land Valuation Summary Unit of Number of Measure Units Acres 2.27 Actual Value Assessed Value 2.27 $81,720 $6,500 Buildings Valuation Summary Actual Value $41,411 Building Details Property Address: Street: 2212 42 ST WELD City: WELD Property Type Residential IndividualBuilt As Detail Year Built: HVAC: Assessed Value $3,300 $123,131 $9,800 Parcel#: 096130300012 1953 Floor/Wall Furnace http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin... 6/19/2009 Identify Results Page 2 of 2 Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Drywall 1 1 0 Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 952 Composition Shingle 0 http://maps2. merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin... 6/19/2009 Weld County, Colorado Page 1 of 3 http://maps2.merrick. com/MerricklMS/ims?ServiceNameweldovr&Form=True&Encod... 10/14/2009 111111111811111111IIIIIIUI/IIIU1111III11111/III/III ��. 2821682 02/07/2001 03:29P JA Suki Tlukamoto 1 0 1 R 5.00 D 0 00 Weld County CO QUITCLAIM DEED THIS DEED, dated Foosa f I / %CY7 between 2U s�ELL_ s . CZai(eeo3 -County of use! ot_.. and State of of the Colorado, grantor(s), and {� v+h u r COJLQ3O5 whose legal address is 22° q z `_mil _ ree. 1 Evans, Co . go to zo ol'the County of we{ and State of Colorado grantee(s). •WITNESS that the grantor(s), for and in consideration of the sum of /0 OQ and O)e.1 9090(jIIl j4nc' in te4.8(.e. erns/a/At a SLr4>L• DOLLARS. the receipt and sufficiency of which is hereby acknowledged. has remised. released. sold and QUITCLAIMED, and by these i presents doers remise. release, sell and QUITCLAIM unto the grantee(s),'ir heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor(s) ha in and to the real property, together with improvements, if any, i situate, lying and being in the County of WC ID and State of Colorado, I described as follows: I3LiIFf Na4f, (A3 Nw4swy °lD 5 �5 also known by street anMnumber as: 2 Z / Z Nzhd' re -I • 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(s), either in law or equity, m the only proper use, benefit and behoof of the grantees) heirs and assigns forever. IN WITNESS WHEREOF, the grantor(s) ha executed this deed on the date set forth above. STATE OF COLORADO County of tit /9 The foregoing instrument was acknowledged before me this kby rf2 nu. W. J,JIeJ Kenneth W. Sigley Notary Public State of Colorado 'If In Denver. iven'coy wt. 7 9L,C day of F-elXk a / y Witness my hand end official ''sAeal. ✓//1 My commission expires: 6 � 004 - Public • Noneanti MWa N Pent C rtW nr M' ais ernwd Levi Rv, W m 5f 10d5. a6.5. CRS5 No. 933. Rev. 4.94. QUITCLAIM DEED Bradford Pub g. 1143 W ma St. Denver. CO 80202 — 303-292-2500— www.bradfordpublishing.com — 3-2000 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4024586 Tax Area: 0630 Bordering County: Acres: 1 Township Rang -e Section Quart. Sec. 05-65-30-3 Owners Name & Address: GALLEGOS ARTHUR A 2200 42ND ST EVANS, CO 80620 Business/Complex: Sale Date Sale Price $0 Parcel#: 096130300014 Subdivison Name Block# Lot# ST LOUIS WESTERN COLONY - - 2 Property Address: Street: City: Sales Summary Deed Tvpe Legal Description Reception # 13460 PT L2 NW4SW4 30-5-65 BEG AT A PT 20'W & 20' S OF NE COR L2 S199' W209' N199' E209' TO BEG EXC W80' THEREOF Land Type Unplatted Land Subtotal: Abst Code 0520 Land Valuation Summary Unit of Number of Measure Units Acres 1 1 No Buildings on Parcel Actual Value Assessed Value $3,000 $870 http://maps2. merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin... 6/19/2009 Page 1 of 1 http://maps2.merrick.com/outputlweldProd_DEN-GSS-IMS239243121990.jpg 10/14/2009 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4026386 Tax Area: 0641 Bordering County: Acres: 21.02 Townshjp Range Section Quart. Sec. 05-65-30-3 Owners Name & Address: GALLEGOS ARTHUR A 2200 42 ST EVANS, CO 80620 Business/Complex: Sale Date 10/16/1989 Sale Price $12,300 Parcel*: 096130300022 Subdivison Name Block# Lot# ST LOUIS WESTERN COLONY - - 2 Property Address: Street: City: Sales Summary Deed Type Legal Description Reception # 02195697 13456 W99.12' L2 & ALL L3 & 4 EXC N 296' & L5 & 6 N OF EVANS DITCH & ALL L7 NW4SW4 30-5-65 ALSO L2-3-4 OF SW45W4 N OF EVANS DITCH Land Type Agricultural Agricultural Agricultural Land Subtotal: Land Valuation Summary Abst Code Unit of Number of Measure Units 4147 Acres 5 4117 Acres 2.85 4117 Acres 13.17 Actual Value Assessed Value 21.02 $6,417 $1,870 No Buildings on Parcel http://maps2. merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin... 6/19/2009 rugc 1 Ul 1 http://maps2.merrick.com/output/weldProd_PEN-GSS-IMS23 9222922063.jpe 10/14/2009 AR2S95697 _ B 1247 REC 02195697 - 10/26/89 16:19 q 20.00 1/004 _.._ F 1281 MARY ANN. FEUERSTEIN CLERK & RECORDER WELD CO, CO SPECIAL WARRANTY DEED OF $1.23 THIS DEED, Made this 16th day of CCtober .1989 between THE VALLEY NATIONAL BANK OF ARIZONA, a National Banking Association County otMaricopa Arthur A. Gallegos ofthe Arizona Some of 2atorrffi, granmr(s). and hose legal address is 2200 42nd Street, Greeley, CC 80634 of the County of weld , State of Colorado, grantee(s): 'State ace) lnienta � Date WCINESSETH, That the grantor(s), for and in consideration of the sum of TWELVE THOUSAND THREE HUNDRED AND NO/100ths DOLLARS, the mcelpt and sufficient' of which is hereby acknowledged,ha s gemted.bargained, sold and conveyed, and by these potatoes do pant, bargain, sell convey and confirm, unto she grantee(s), ::is heirs and assign forever, all [h: real property, together with improvements, if any, situate, lying and being in the said County of Weld .state of Colorado. described as follows: legal description is attached as Exhibit "A" and incorporated herein by reference. RESERVING, HOWEVER, unto grantor, the party of the first part, all interest in an to all oil, gas and other minerals presently owned by said grantor, if any, in, on, under, upon and that may be produced from said premises, together with the rights of ingress and egress necessary to explore for, mine and remove such oil, gas and other minerals. also known by sue et and number as: TOGETHER with all and singular the herditaments and appurtenances thereto belonging, or rn anywise appertaining, and the reversion and reversions, remainder and mmainders, rents, issues and profits theme. and all the same. right, title, interessa claim and demand whatsoever of the gr .tor(s), eitherin law or equity. oC in and to the above bargained premiss. with the herethoments and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenance, unto the grantee(a). his heirsand assignsfomver.T hegranror(sl, for it.. set f its heirs and penonalrepaenrauves orsuccasors.do covenant mid wee dim it shall and will WARRANT AND FOREVER DEFEND die abovo-bargainedpemises in Me quiet and paceablepossession ofthe gmntee(s). his heirs and assigns• againstallandevpry person or persons claiming the whole or any pant thereof, by. through or under the ramor(s), WttNESS,WHERE0E the ganmr(s)' ha.. S. =cured cured this deed on Me date set forth above. ,:OYfly 4'HV H Ayi2lh'R1"NA'1'i AL BANK OF ARIZONA, ATTEST: r\ a A..N -,o>;mt fs3nlea assoc iatron Yee" ?C tV'.. , � c-.na eX c`�+:STATE OBOO(ZR%HH ART ZONA t i„v County of 1`kQP.ICJ PA The foregoing instrument was xknow 'edged before rte this k b+la by :3. Se.{}, Vice,-.°cesieNA- of The Valley National sank,,Caf,,F\rizora, a National Banking Association. Witness my hand and official sal. My commioioo a the My Ocmmimon Expires Oct 31, 1931 ss. dayef October ,I9 89 *If in Denver, insert "City Dined,^ n. Newry R,alc No. 16. Rev. 345. SPECIAL WARRANTY DELO Bradford Publishing. 5815 W. 40 Mt..taknroct CO mow -0011'-3}0900 L'57 B 1247 REC 02195697 10/26/89 16:19 X20.00 2/004 F 1282 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" Covering the Land in the State of Colorado, County of Weld. Described as: Two tracts of land being a part of Lots 2, 3, 4, 5,6 and 7 of the Northwest 1/4 of the Southwest 1/4 of Section 30, Township 5 North, Range 65 West of the 6th P.M., according to the subdivision of lands by the St. Louis Western Colony, as described in Deed recorded December 1, 1971 in Book 657 as Reception No. 1579492, being more particularly described as follows: A tract of land located in the Northwest quarter of the Southwest quarter (NW1/4SW1/4) of Section Thirty (30), Township Five (5) North, Range Sixty-five (65), West of the Sixth Principal Meridian, being more particularly described as follows: COMMENCING at the West quarter corner (W1/4 Cor) of said Section 30, and considering the North line of the Southwest quarter (SW1/4) of said Section 30 to bear South 88'38'51" East, and with all other bearings contained herein being relative thereto; thence South 00'09'42" West, along the West line of the Southwest quarter (SW1/4) of said Section 30, a distance of 296.00 feet to the TRUE POINT OF BEGINNING; thence South 88'38'48" East, 754.83 feet; thence South 00'15'42" West, 361.56 feet; thence South 89'04'44" East, 228.39 feet; thence South 00'18'45" West, 655.78 feet; thence North 89'30'51" West, 97.07 feet to a point on the North edge of the Evans No. 2 Ditch; thence Northerly and Westerly, along the North edge of said Evans No. 2 Ditch by the following seven (7) bearings and distances; North 80'41'00" West, 156.24 feet; North 69'51'36" West, 199.13 feet; North 49'15'06" West, 109.82 feet; North 66'21'24" West, 81.46 feet; South 79'13'48" West, 81.56 feet: South 62'42'54" West, 208.75 feet; thence 67'44'54" West, 128.48 feet to a point on the West line of said Section 30; thence North 00'09'42" East, along the West line of said Section 30, a distance of 999.37 feet to the TRUE POINT OF BEGINNING; TOGETHER WITH an easement for ingress and egress from the County Road, along -the West -20 feet of the North -296 feet -of said Lot 3 AND, a tract of land located in the Northwest quarter of the Southwest quarter (NW1/4SW1/4) of Section Thirty (30), Township Five (5) North, Range Sixty-five (65), West of the Sixth Principal Meridian, being more particularly described as follows: COMMENCING at the West quarter corner (W1/4 Cor) of said Section 30, and considering the North line of the Southwest quarter (SW1/4) of said Section 30 to bear South 88'38'51" East, and with all other bearings contained herein being relative thereto; thence South 88'38'51" East, along the North line of the Southwest quarter (SW1/4) of said Section 30, a distance of 656.23 feet; B 1247 REC 02195697 10/26/89 16:19 a 20.00 3/004 F 1283 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" CONTINUED thence South 00'15'42" West, 20.00 feet to the TRUE POINT OF BEGINNING; thence South 88'38'51" East, 99.12 feet; thence South 00'15'42" West, 276.00 feet; thence North 88'38'48" West, 99.12 feet; thence North 00'15'42" East, 276.00 feet to the TRUE POINT OF BEGINNING; EXCEPTING THEREFROM the North 25 feet of the East 25 feet of said Lot 2. All of Lot 2 of the Northwest 1/4 of the Southwest 1/4 of Section 30, Township 5 North, Range 65 West of the 6th P.M., according to the subdivision of lands by The St. Louis Western Colony. EXCEPTING THEREFROM a tract of land conveyed by Deed recorded September 13, 1952 in Book 1339 at Page 556, being more particularly described as follows: A certain tract of land about one acre in area lying in Lot Two (2) of the Northwest quarter of the Southwest quarter (NW1/4SW1/4) of Section Thirty (30), Township Five (5) North, Range Sixty-five (65) West of the Sixth Principal Meridian, more particularly described as follows: COMMENCING at a point 20 feet West and 20 feet South of the Northeast corner of said Lot Two (2), thence South parallel to the East line of said Lot Two (2), a distance of 199 feet; thence West parallel to the North line of said Lot Two (2), a distance of 209 feet; thence North parallel to the East line of said Lot Two (2), a distance of 199 feet; thence East parallel to the North line of said Lot Two (2), a distance of 209 feet more or less to the PLACE OF BEGINNING; ALSO EXCEPTING THEREFROM a tract of land conveyed by Deed recorded February 23, 1954 in Book 1383 at Page 40, being more particularly described as follows; A tract of land consisting of approximately one acre lying in Lot 2 of the NW1/4SW1/4 of Section 30, Township 5 North, Range 65 West of the 6th P.M., described as follows: COMMENCING at a point 219 feet South and 20 feet West of the Northeast corner of said Lot 2, which said POINT OF BEGINNING is also the Southeast corner of a tract heretofore conveyed by Deed recorded in Book 1399, Page 556; thence West along the South line of said tract a distance of 209 feet to the Southwest corner of said tract; thence South parallel to the East line of said Lot 2 a distance of 209 feet; thence East parallel to the North line of said Lot 2 a distance of 209 feet; thence North parallel to the East line of said Lot 2, a distance of 209 feet more or less to the POINT OF BEGINNING; ALSO EXCEPTING THEREFROM a tract of land conveyed by Deed recorded July 27, 1956 in Book 1456 at Page 375, being more particularly described as follows: COMMENCING at a point 20 feet West and 428 feet South of the Northeast corner of Lot 2 of the Northwest quarter of the Southwest quarter (NW1/4SW1/4) of Section Thirty (30), Township Five (5) B 1247 REC 02195697 10/26/89 16:19 20.00 4/004 F 1284 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" CONTINUED North, Range Sixty-five (65) West of the Sixth (6th) Principal Meridian, thence West 209 feet, thence South 209 feet, thence East 209 feet, thence North 209 feet, to the PONT OF BEGINNING, ALSO EXCEPTING THEREFROM the North 25 feet of the East 25 feet of said Lot 2; ALSO EXCEPTING THEREFROM all that part of said Lot 2 lying within that tract of land as described in Deed recorded December 1, 1971 in Book 657 as Reception No. 1579492. All that part Southwest 1/4 the 6th P.M., Louis Western of Lots 2, 3 and 4 of the Southwest 1/4 of the of Section 30, Township 5 North, Range 65 West of according to the subdivision of lands by The St. Colony, lying North of the Evans No. 2 Ditch. Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4024686 Tax Area: 0630 Bordering County: Acres: 0.36 Township Range Section Quart. Sec. 05-65-30-3 Owners Name & Address: GALLEGOS ARTHUR ALFRED 2200 42ND ST EVANS, CO 80620 Business/Complex: Sale__Dat_e Sale Price $0 Parcel#: 096130300015 Subdivison Name Block# Lot# ST LOUIS WESTERN COLONY - - 2 Property Address: Street: 2200 42 ST WELD City: WELD Sales Summary Deed Type Legal Description Reception # 13460A W80' OF FOL DESC PARCEL IN L2 NW4SW4 30-5-65 BEG 20'W & 20'S OF NE COR L2 S199' W209' N199' E209' TO BEG SITUS: 2200 42 ST WELD Land Type Residential Land Subtotal: Bldg# 1 Abst Code 1112 Property Type Residential Improvements Subtotal: Total Property Value Land Valuation Summary Unit of Number of Measure Units Acres 0.36 Actual Value Assessed Value 0.36 $1,080 $90 Buildings Valuation Summary Actual Value $46,204 Assessed Value $3,680 $47,284 $3,770 Building Details Account#: R4024686 Parcel#: 096130300015 Owners Name & Address: GALLEGOS ARTHUR ALFRED 2200 42ND ST EVANS, CO 80620 Building# 1 Built As: Ranch 1 Story Property Address: Street: 2200 42 ST WELD City: WELD Property Type Residential Individual Built As Detail Year Built: 1969 http://maps2. merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin... 6/19/2009 Identify Results Page 2 of 2 Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft Frame Masonry Veneer Drywall 1 1 0 HVAC: Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: Floor/Wall Furnace 1152 Composition Shingle 0 http://maps2. merrick.com/Website/Weld/setSq I.asp?cmd=QUERY&DET=PP&pin... 6/19/2009 Page i or i • EVANS http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS239254602048.jpg 10/14/2009 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4024086 Tax Area: 0641 Bordering County: Acres: 5 Parcel#: 096130300021 Township Range Section Quart. Sec. Subdivison Name Block# Lot# ST LOUIS WESTERN COLONY - - 1 05-65-30-3 Owners Name & Address: GALLEGOS PHOEBE 2150 42 ST EVANS, CO 80620 Business/Complex: Sale Date Sale Price $0 Prosy Address: Street: City: Sales Summary Deed Type Leal Descri tp i011 Reception # 13459 Ll NW4SW4 30-5-65 Land Type Residential Land Subtotal: Abst Code 1112 Land Valuation Summary Unit of Number of Measure Units Acres 5 5 No Buildings on Parcel Actual Value Assessed Value $15,000 $1,190 http://maps2. merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin... 6/19/2009 http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS239223322081.jpg 10/14/2009 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4024186 Tax Area: 0641 Bordering County: Acres: 1 Township Range Section Quart. Sec. 05-65-30-3 Owners Name & Address: GALLEGOS PHOEBE 2150 42 ST EVANS, CO 80620 Business/Complex: Sale Date Sale Price $0 Parcel#: 096130300008 Subdivison Name Block# Lot# ST LOUIS WESTERN COLONY - - 2 Property Address: Street: 2150 42 ST WELD City: WELD Sales Summer Deed Type Legal Description Reception # 13461A PT L2 NW4SW4 30-5-65 BEG 219'5 & 20'W OF NE COR L2 W209' 5209' E209' N209' TO BEG SITUS: 2150 42 ST WELD Land Type Residential Land Subtotal: Bldg# 2 Abst Code 1112 Property Type Out Building Improvements Subtotal: Total Property Value Account#: R4024186 Owners Name & Address: GALLEGOS PHOEBE 2150 42 ST EVANS, CO 80620 Building# 2 Built As: Exterior: Land Valuation Summary Unit of Number of Measure Units Acres 1 1 Buildings Valuation Summary Building Details Actual Value Assessed Value $3,000 $240 Actual Value $6,574 $9,574 Property Address: Street: 2150 42 ST WELD City: WELD Property Type Out Building Individual Built As Detail Shed - Utility Year Built: HVAC: Assessed Value $520 $760 Parcel#: 096130300008 0 None http://maps2.merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin... 6/19/2009 Identify Results Page 2 of 2 Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: 0 0 0 0 Built As SQ Ft: Roof Type: Roof Cover: Units: 0 Detached SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin... 6/19/2009 rage ior1 http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS239252522096.jpg 10/14/2009 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4024286 Tax Area: 0641 Bordering County: Acres: 1 Township Range Section Quart. Sec. 05-65-30-3 Owners Name & Address: GALLEGOS PHOEBE 2150 42 ST EVANS, CO 80620 Business/Complex: Sale Date Sale Price $0 Parcel#: 096130300009 Subdivison Name Block# Lot# ST LOUIS WESTERN COLONY - - 2 Property Address: Street: City: Sales Summa Deed Type Legal Description Reception # 13461B PT L2 TO 4 NW4SW4 30-5-65 BEG 20' W & 428' S OF NE COR L2 W209' S209' E209' N209' TO BEG (1A) Land Type Unplatted Land Subtotal: Abst Code 0520 Land Valuation Summary Unit of Number of Measure Acres Units 1 1 No Buildings on Parcel Actual Value Assessed Value $3,000 $870 http://maps2. merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin... 6/19/2009 Page 1 of 1 http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS239254602056.jpg 10/14/2009 M 7 11.* .14 r 4._ St Y T -ii it;"',T jt `ltIF,.l_ `1 • IS Si S. a r; J. 1 mtY • l Ls b s�1 Y Y v. . C Lc t 0 • —. to -- _swc s._.. r- -v. usa6 r --•s. III �Lr k ? ill nit. I 1. -. In I I I I ' 111111 IFr EXHIBIT NONCONFORMING USE FACT SHEET N.C.U. # 9-%T Name (Owner): Phoebe Gallegos Address: 2200 42nd Street Greeley, CO 80634 LEGAL DESCRIPTION: Part of Lot 12, part of Lot 1, Part of Lots 2 to 4, all located in the NW4 SW4 of Section 30, T5N, R65W of the 6th P.M., Weld County, Colorado (096130301015, 096130301014, 096130301009, 096130301008, 096130301006). LOCATION: 2200 42nd Street USE OF PROPERTY: Commercial Auto Salvage. All the limits of the nonconforming use are shown on the parcel identification photo. The physical boundary is within the existing fence on the property. CURRENT ZONING: A (Agricultural) APPROPRIATE DATE FOR DETERMINATION OF NONCONFORMING USE: January 5, 1977 REASONS FOR DETERMINATION OF NONCONFORMING USE: 1. Air Photo (the air photo shows the limits of the nonconforming use boundary). 2. Statements made by property owners 3. Statements made by surrounding property owners. to n u o L a L 'U p_ ,n g b a i0 U o a O 'O ` O 'N a N N m n EllQ 'S '"�i (n 0].. u. (7 H' le s e 0 C a a .' N m n m a a z Et,.:o ; a co u; ,ij 2 - a '; �_ VI - m Tu U 6. a1 f%I. N - U ? p C O y a N .�. W 0 as u y O "C N o �. d 7 fl 7 �; KA IC]I,, a 2» C>.0 CVO CCCO N-00 m U 0 O 0 CO O1 a) O U m a O N N U d Co N CC O C O LC CC C C C7 w J C7 N E z H CO N N N a N N N N a 0 N 0 Uin CNJ cc O U w Z lJ O U) N 3 O N a c� w m LO CO 3 0) LO [O 0 N 0 O N L Co a a . L a CoC a ?' CU m CO v C 461 U G 6 N N O N a C N N m a cc 0 C 3 0 a O L i a U- J a D H CO 0 w Q C7 N m z N Co N w w CO CO 0 0 0 z w w o co) • u m th C .N E �,.. m -a o a) - ,,.m o m a N a U J Minina oerrnts:sho m 0 N ro o 'al CO a a S co co 0 0 N m d ro 0 cc a -O to m" = E O as a CC D F- cc a CO O C7 W J U E Z H En 0 N N N a U) N U a W w LU CC C7 U O U 0) 0) Ct 0 a) a) n N a v CJ CJ uLe) b b s u.... co ISScciliL -O7 O OI �' '.r "O N m .13 ii c,W ca 3 65 Legend 0 Properties owned by Gallegos Evans City Limits COLORADO Public Works Department 75'180.100 + -Lr42O•Jn0 + 5'980•00 5:480•'"''J0 + 7'540i°00 6'92C•i 00 + 6'1^20•;'00 + 5'180.:00 + '840.00 '480•_CO + 5'490.:'00 + '"47.00 + 5732T. CO + ;'860•,^00 + 5r1,^•''0 + 4'26g•G0 105, 4n. 10 1051'4'2-n0 _ r"00. _ 5-•720 at • L'0 PAYMENT RECEIPT Andersen's Sales & Salvage, Inc 1490 East 8th Street Greeley, CO 80631 970-352-7797 Receipt: 244994 Customer: 15477 ARTHUR GALLEGOS 2200 42ND ST EVANS, CO 80620 Driver's License: 92-077-4972 CO Ticket 268712 C Aerator: g Weigh In: 09/29/2009 1 Weigh Out: 09/29/2009 12:05 Description: White Ford FTBD All weights in pounds. M indicates manual weight Commodity Gross Tare Unprepared 22680 - -_--- Net Price TOTAL S 7500 15180 0.093/LB $72.00 Deducted for Tires $1.339.74 Date: 10/01/2009 Time: 15:37 Ticket Total Previously Paid This Payment Balance Due # of Tickets: 1 Paid by CHECK 44917 Thanks for Recycling with Andersen Tickets Valid For 30 days Please have ticket validated at the cashier's window before taking to the EZ Cash Machine $1,339.74 -1,000.00 -339.74 $0.00 PAYMENT RECEIPT Andersen's Sales & Salvage, Inc 1490 East 8th Street Greeley, CO 80631 970-35'2-7797 Receipt:. 244992 Customer: 15477 ARTHUR GALLEGOS 2200 42ND ST EVANS, CO 80620 Driver's License: 92-077-4972 Date: 10/01/2009 Time: 1535 CO Ticket: 268647 Weigh In: 09/29/2009 09:51 Operator: 9 Description: White Ford Stake/bed All weights in pounds M indicates manual weight TOTAL S Commodity Gross Tare Net Price Unprepared 11780 7360"" $411.06 4420 0.093/LB Ticket Total $411.06 Weigh In: 09/30/2009 11.34 Weigh Out: 09/30/2009 11 46 Ticket: 268962 Operator: 9 . Description: PAP 7807 7808 All weights in pounds _M indicates manual weight TOTAL — Commodity Gross�_...W„- �,._--- — Tare Net Price— -- .17120 11140 5980 0.093/LB $556.14 0 Caarr Bodies -dies - Car Bodies - 0 0 0.093/LB $0.00 Ticket Total $556.14 Ticket: 269077 Weigh In: 09/30/2009 14:47 Operator: 9 Weigh Out: 09/30/2009 1503 Description: BK1373 74 All weights in pounds M indicates manual weight Gross Tare Net Price TOTAL $ Commodity ___.� -_ 17580 1110O 6480 0.093/LB $586.64 Car Bodies - - $16 00 Deducted for Tires 0 0 0 0.068/LB $0.00 Car Bodies - Ticket Total 5386.64 Weigh Out: 09/29/2009 10.04 # of Tickets: 3 Paid by CHECK 44916 Thanks for Recycling with Andersen Tickets Valid For 30 days Please have ticket validated at the cashier's window hafnra taking to the EZ Cash Machine Remittance Advice Customer: 15477 ARTHUR GALLEGOS 2200 42ND ST EVANS Andersen's Sales & Salvage, 1490 East 8th Street Greeley, CO 80631 970-352-7797 , CO 80620 License #: 92-077-4972 License State: CO Run Date: 10/08/2009 Run Time: 15:23 Receipt #: 246058 Page Num: 1 Ticket: 269449 Customer Ref #: Date In: 10/02/2009 Time In: 11:31 Date Out: 10/02/2009 Time Out: 11:48 COMMODITY GROSS TARE DED WT NET PRICE DED $ TOTAL $ PAYMENT $ Unprepared 18680 11140 0 7540 0.063L8 0.00 475.02 Ticket Total: $475.02 $475.02 Ticket: 269749 Customer Ref #: Date In: 10/05/2009 Time In: 12:37 Date Out: 10/05/2009 Time Out: 13:02 COMMODITY GROSS TARE DED WT NET PRICE DED $ TOTAL $ PAYMENT $ Car Bodies - 17900 10980 0 6920 0.083LB 0.00 574.36 Ticket Total: $574.36 $574.36 Ticket: 269964 Customer Ref #: Date In: 10/06/2009 Time In: 12:18 Date Out: 10/06/2009 Time Out: 12:32 COMMODITY GROSS TARE DED WT NET PRICE DED $ TOTAL $ PAYMENT $ Unprepared 17120 11020 0 6100 0.063LB 0.00 384.30 Ticket Total: $384.30 $384.30 Ticket: 270019 Customer Ref #: Date In: 10/06/2009 Time In: 14:11 Date Out: 10/06/2009 Time Out: 14:20 COMMODITY GROSS TARE DED WT NET PRICE DED $ TOTAL $ PAYMENT $ Car Bodies - Car Bodies - 17980 11120 0 0 6860 0.083LB 0 0 0 0.058L8 0.00 569.38 0.00 0.00 Ticket Total: $569.38 $569.38 Ticket: 270154 Customer Ref #: Date In: 10/07/2009 Time In: 11:00 Date Out: 10/07/2009 Time Out: 11:14 COMMODITY GROSS TARE DED WT NET PRICE DED $ TOTAL $ PAYMENT $ Car Bodies - Car Bodies - 16280 11100 0 5180 0.078LB 0 0 0 0 0.053LB 0.00 404.04 0.00 0.00 Ticket Total: $404.04 $404.04 Customer: 15477 • ARTHUR GALLEGOS 2200 42ND ST EVANS License #: 92-077-4972 , CO 80620 License State: CO Receipt #: 246058 Page Num: 2 Ticket: 270203 Customer Ref #: Date In: 10/07/2009 Time In: 12:59 Date Out: 10/07/2009 Time Out: 13:12 COMMODITY GROSS TARE DED WT NET PRICE DED $ TOTAL $ PAYMENT $ Unprepared 15920 11080 0 4840 0.058LB 0.00 280.72 Paid By CHECK 45033 Ticket Total: $280.72 $280.72 Total Payment Amount: $2687 .82 PAYMENT RECEIPT Andersen's Sales & Salvage, Inc 1490 East 8th Street Greeley, CO 80631 970-352-7797 Receipt: 246152 Date: 10/09/2009 Customer: 15477 Time: 11-14 ARTHUR GALLEGOS 2200 42ND ST EVANS. CO 80620 Driver's License: 92-077-4972 CO Ticket: 270F,6O Weigh In: 10/09/2009 10 49 Operator: 9 Weigh Out: 10/09/2009 11.12 Description: BK1429 All weights M indicates manual weight Comrnodity Gross tare Net Price TOTAL $ Car Bodies - 15580 11100 4480 0.078/LB $349 44 Ticket Total $349.44 # of Tickets: 1 Paid by CHECK 45049 Total Paid $349.44 Thanks for Recycling with Andersen Tickets Valid For 30 days Please have ticket validated at the cashier's window before taking to the EZ Cash Machine Remittance Advice Customer: 15477 ARTHUR GALLEGOS 2200 42ND ST EVANS Andersen's Sales & Salvage, 1490 East 8th Street Greeley, CO 80631 970-352-7797 , CO 80620 License #: 92-077-4972 License State: CO Run Date: 10/19/2009 Run Time: 10:16 Receipt #: 247337 Page Num: 1 Ticket: 270992 Customer Ref #: Date In: 10/13/2009 Time In: 10:11 Date Out: 10/13/2009 Time Out: 10:19 COMMODITY GROSS TARE DED WT NET PRICE DED $ TOTAL $ PAYMENT $ Unprepared 16440 10960 0 5480 0.078LB 0.00 427.44 Ticket Total: $427.44 $427.44 Ticket: 271082 Customer Ref #: Date In: 10/13/2009 Time In: 13:53 Date Out: 10/13/2009 Time Out: 14:08 COMMODITY GROSS TARE DED WT NET PRICE DED $ TOTAL $ PAYMENT $ Car Bodies - Car Bodies - 15860 11420 0 4440 0.078LB 0 0 0 0 0.053LB 0.00 346.32 0.00 0.00 Ticket Total: $346.32 $346.32 Ticket: 271219 Customer Ref #: Date In: 10/14/2009 Time In: 11:48 Date Out: 10/14/2009 Time Out: 12:19 COMMODITY GROSS TARE DED WT NET PRICE DED $ TOTAL $ PAYMENT $ Unprepared 16540 11220 0 5320 0.078LB 0.00 414.96 Ticket Total: $414.96 $414.96 Ticket: 271414 Customer Ref #: Date In: 10/15/2009 Time In: 11:26 Date Out: 10/15/2009 Time Out: 11:46 COMMODITY GROSS TARE DED WT NET PRICE DED $ TOTAL $ PAYMENT $ Unprepared 18220 11360 0 6860 0.078L8 0.00 535.08 Ticket Total: $535.08 $535.08 Ticket: 271516 Customer Ref #: Date In: 10/15/2009 Time In: 15:12 Date Out: 10/15/2009 Time Out: 15:24 COMMODITY GROSS TARE DED WT NET PRICE DED $ TOTAL $ PAYMENT $ Car Bodies - Car Bodies - 16540 0 11440 0 5100 0.078L8 0 0 0 0.053L8 0.00 397.80 0.00 0.00 Ticket Total: $397.80 $397.80 Customer: 15477 •• ARTHUR GALLEG0S 2200 42ND ST EVANS , CO 80620 License #: 92-0774972 License State: CO Receipt #: 247337 Page Num: 2 Ticket: 271660 Customer Ref #: Date In: 10/16/2009 Time In: 12:25 Date Out: 10/16/2009 Time Out: 12:37 COMMODITY GROSS TARE DED WT NET PRICE DED $ TOTAL $ PAYMENT $ Unprepared 15620 11360 0 4260 0.078LB 0.00 332.28 Ticket Total: $332.28 $332.28 Paid By CHECK 45171 Total Payment Amount: $2453.88 Hello