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Home My WebLink About20091104.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV#0900045 AGAINST LEE KOENIG AND HEIRS OF 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, Lee Koening and Heirs of, ZCV #0900045, 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 12th day of May, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Lee Koening and Heirs of were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to refer said matter back to the Department of Planning Service. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0900045 against Lee Koenig and Heir of, be and hereby is, referred back to the Department of Planning Services. 2009-1104 PL0824 VIOLATIONS - ZCV #0900045 - LEE KOENIG AND HEIRS OF PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of May, A.D., 2009. ATTEST: Weld County Clerk to the Bo BY: David E. Long BOARD OF COUNTY COMMISSIONERS WELD COUDiT',,6it_ORADO s Radema Sean P. Conway arbara Kirkmey Count Attorney EXCUSED Date of signature. 3727/, c 2009-1104 PL0824 Violation Summary Report BASIC INFORMATION KOENIG LEE M (HEIRS OF) & 4305 YOSEMITE DR Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: GREELEY, CO 80634 Ann Siron ZCV09-00045 4305 YOSEMITE DR 1WHP5-20 L20 BLK5 WEST HILL -N -PARK 1ST FILING 1ST REPLAT Location North South East West North of and adjacent to 49th Street and East of and adjacent to 47th Avenue Evans city limits, some Agriculture and zone districts Evans city limits, some Agriculture and Estate zone districts Evans city limits, some Agriculture zone districts Evans city limits, some Agriculture and Estate zone districts Parcel Number: 095926320020-R2679486 Acreage: 0.15 Certified Mail Date: 04/08/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered 2009-11 Violation Summary Report last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way. REMEDY THE DERELICT VEHICLE SHALL BE REMOVED OR EVIDENCE THAT THE VEHICLE NOW MAINTAINS CURRENT REGISTRATION SHALL BE PROVIDED TO THE DEPARTMENT OF PLANNING SERVICES. ADDITIONALLY THE NONCOMMERCIAL JUNKYARD CONSISTING OF WOOD, TRASH BAGS, BARRELLS, HOUSEHOLD ITEMS AND MISCELLANEOUS DEBRIS ON THE PORCH AND THE BACK OF THE PROPERTY SHALL BE REMOVED. SHOULD THE PROPERTY BE BROUGHT INTO COMPLIANCE PRIOR TO THE SCHEDULED HEARING DATE, THIS CASE WILL BE REMOVED FROM THE DOCKET. OTHERWISE, HEARINGS WILL CONTINUE AS SCHEDULED. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. LETTER HISTORY 02/17/2009 Complaint Validated 02/17/2009 LTTR: 5 Day Letter 02/23/2009 LTTR: Violation Notice 04/08/2009 LTTR: Hearing Notification OTHER CASE HISTORY 02/06/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: DERELICT BLUE PICK UP, FLAT TIRES WiIY�COLORADO April 08, 2009 KOENIG LEE M (HEIRS OF) & 4305 YOSEMITE DR GREELEY, CO 80634 WELD COLA I 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: ZCV09-00045 Legal Description: 1WHP5-20 L20 BLK5 WEST HILL -N -PARK 1ST FILING 1ST REPLAT Dear KOENIG LEE M (HEIRS OF) &: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 05/12/2009 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 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY fo MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.6 Uses Allowed by Right. 23-3-150.C. Accessory Uses. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used Page 1 of 2 ott:;s4 COLORADO WELD COON iY 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 appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way To bring your property into compliance with the Weld County Code: THE DERELICT VEHICLE SHALL BE REMOVED OR EVIDENCE THAT THE VEHICLE NOVA MAINTAINS CURRENT REGISTRATION SHALL BE PROVIDED TO THE DEPARTMENT OF PLANNING SERVICES. ADDITIONALLY THE NONCOMMERCIAL JUNKYARD CONSISTING OF WOOD, TRASH BAGS, BARRELLS, HOUSEHOLD ITEMS AND MISCELLANEOUS DEBRIS ON THE PORCH AND THE BACK OF THE PROPERTY SHALL BE REMOVED. SHOULD THE PROPERTY BE BROUGHT INTO COMPLIANCE PRIOR TO THE SCHEDULED HEARING DATE, THIS CASE WILL BE REMOVED FROM THE DOCKET. OTHERWISE, HEARINGS WILL CONTINUE AS SCHEDULED. 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. Sincerel (IC Ann Siron Zoning CompliaZtctOfficer pc: ZCV09-00045 Page 2 of 2 February 23, 2009 t; KOENIG LEE M (HEIRS OF) & 4305 YOSEMITE DR GREELEY, CO 80634 Case: ZCV09-00045 Legal Description: 1WHP5-20 L20 BLK5 WEST HILL -N -PARK 1ST FILING 1ST REPLAT Dear KOENIG LEE M (HEIRS OF) & : 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: 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-Maitasiron@co.weld.co.us L/l Cidk /pc v c.r� �. 4 -4c -fit, �jovvi)O/ , te".21 Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.3 Uses Allowed by Right. 23-3-150.C. Accessory Uses. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. To bring your property into compliance with the Weld County Code: THE DERELICT VEHICLE SHALL BE RESTORED OR REMOVED FROM THE PROPERTY. Page 1 of 2 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAx: 970-304-6498 E-Mail:asiron@co.weld.co.us 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 03/23/2009, 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. Sincerely, Ann Siron Zoning Compliance Officer pc: ZCV09-00045 Page 2 of 2 ostkriw' COLORADO February 17, 2009 KOENIG LEE M (HEIRS OF) & 4305 YOSEMITE DR 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: ZCV09-00045 Legal Description: 1WHP5-20 L20 BLK5 WEST HILL -N -PARK 1ST FILING 1ST REPEAT Dear KOENIG LEE M (HEIRS OF) &: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the Weld County Code are as follow: THE PRESENCE OF A DERELICT VEHICLE (BLUE TRUCK). DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is sutstantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Ann Siron Zoning Compliance Officer pc: ZCV09-00045 Page 1 of 1 WI�Yc COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: 40_,209) Viq —(t}5 e ZONING CODE COMPLAINT tB'Staff/Name: 0 Citizen 0 Other O HEALTH DEPARTMENT Citizen's Name (If known). O WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known): O BUILDING CODE COMPLAINT O PUBLIC WORKS / PEST & WEEDS Date Complaint was received: Pending Case # (i.e. USR, RE, SE, ect...): Legal Description: Lao8/K$1 (,(_)i-A'//-Alsa.r� t /C Parcel #: D 5 .z,- �o-Q?ID Violation Address: 41.365)/fl .3QS t »/ Ile Dr &re ie j t- /� C JOGBtf Property Owners Name: / —7A D 6/ 4 0>! lirita4 Property Owners Address: (/ (/ Tenant's Name: _ Tenant's Address: NATURE Phone: Phone: Ca-c..e.th,t b /ccd /u t.e,/c COMPLAINT: Additional Notes: Identify Results Page 1 of 1 Account# R2679486 Tax Area: 2820 Acres: 0.1506 Township Range Section Quart. Sec. 05-66-26-3 WELD COUNTY ASSESSOR PROPERTY PROFILE Parcel#: 095926320020 Bordering County: Subdivison Name Block# Lot# WEST HILL N PARK 1ST FG - 5 - 20 Owners Name & Address: KOENIG LEE M (HEIRS OF) & 4305 YOSEMITE DR GREELEY, CO 80634 Property Address: Street: City: Additional Owners: KOENIG DOROTHY M Business/Complex: Sale Date 9/1/1981 Sales Summary Sale Price Deed Type $10,000 Reception # 02261379 Leaal Description 1WHP5-20 L20 BLK5 WEST HILL -N -PARK 1ST FILING 1ST REPLAT Land Type Mobile Home Land Subtotal: Abst Code 1135 Land Valuation Summary Unit of Number of Measure Units Site Actual Value Assessed Value $30,000 $1,190 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09592... 2/17/2009 Identify Results Page 1 of 1 Account#: M2679586 Owners Name & Address: KOENIG LEE M & 4305 YOSEMITE DR GREELEY, CO 80634 Additional Owners: KOENIG DOROTHY M Mobile Home Valuation Property Address: Street: 4305 YOSEMITE DR WELD City: WELD Parcel#: 095926320020 Business/Complex: Legal Description 1WHP5-20 IMPS ONLY MH L20 BLK5 WEST HILL N PK MOBILE/MODULAR TITLE: 06E404735 SERIAL: 70X14FW3826 YEAR: 1971 MAKE: TOURITE SITUS: 4305 YOSEMITE DR WELD 80634 Tax Area: Acres: Sq. Ft.: Land Value Imor. Value Total Value $0 315.756 $15,756 Township Range Section Quart. Sec. 05-66-26-3 Sale Price $0 Sale Date Land Assessed Value Imor. Assessed Value Total Assessed Value $0 630 $630 Bordering County: Subdivison Name Block# Lot# WEST HILL N PARK 1ST FG - 5 - 20 Deed Type Reception # http://maps2.merrick.comlWebsite/W eld/setSgl. asp?cmd=ACCDET&acct=095926320020... 2/17/2009 AR226137' Recur B 1309 REC 02261379 08/29/91 13:22 $5.00 1/001 F 1083 MARY ANN FEUERSTEIN CLERK & RECORDER.WELD CO, CO Reception mov...--. WEST HILL -N -PARK, INC. a corporation duly organized and existing under and by virtue of the laws of the State of Colorado whose address is P 0 BOX 929 GREELEY COLORADO County of WELD , and State of State Documentary Fee Date ..$ : .9;. 9!............ 00 , for the consideration of TEN DOLLP.RS AND NO/100 dollars, in hand paid, hereby sell(s) and convey(s) to LEE M. KOENIG AND DOROTHY M. KOENIG whose address is 4305 Yosemite Drive , Greeley, ,County of WELD , and State of Colorado' , the following real property in the County of Weld , and State of Colorado, to -wit: LOT Twenty (20), BLOCK Five (5), FIRST REPLAT OF WEST HILL -N -PARK FIRST FILING, a subdivision located in the Southwest one -quarter (SW'y) of Section 26. Township 5 North, Range 66 West of the sixth Principal Meridian, Weld County, Colorado. with all its appurtenances, and warrant(s) the title to the same, subject to the lien of genera _ property taxes for 1981 due and payable in 1982. andy any easements rights -of -way, and protective covenants and restrictions now of record, and the assessments of the Hill -N -Park Sanitation District for 1981. Reserving all oil, gas and other minerals. Signed this First John L. day of September x�.19 81. �ST HILL-N-re%acn Shupe U Seer rr. y STATE OF COLORADO, Weld County of.._..._...._....._. The foregoing instrument was acknowledged before me this 19 81,„by...,,, un�lr va1l t first dayof September Roy Lundvall as the President and John L. Shupe as the Secretary of WEST HILL -N -PARK, INC ,acorporation. 61y Canmission Explfa; • My commission expires Aprfl 18, iggg Witness my hand and official seal. dG No. 897O waaaearr DEW —Iona h,. (Gn.na®) Ijf< f\ \ - l«�' r r I I I 1 1 • 1 Ir 1 i. Hello