HomeMy WebLinkAbout20090353.tiffRESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
ZCV #0800294 AGAINST GERALDINE MARTINEZ LIVING TRUST, AND JERRY
CORDLE 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, Geraldine Martinez Living Trust, and Jerry Cordle, ZCV #0800294, 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 10th day of February, 2009, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Geraldine Martinez Living Trust, and Jerry Cordle 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 violation back to the Department of
Planning Services for further consideration.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0800294 against Geraldine Martinez Living Trust, and Jerry Cordle
be, and hereby is, referred back to the Department of Planning Services.
oO`. PL, v lot -
2009 -0353
PL0824
O?---O5-01
VIOLATIONS - ZCV #0800294 - GERALDINE MARTINEZ LIVING TRUST, AND JERRY
CORDLE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of February, A.D., 2009.
ATTEST:
Weld County Clerk
BY:
Deputy Cler o the Board
VED AS T
County torney
Date of signature.
BOARD OF
71,
William F. Garcia, Chair
UNTY COMMISSIONERS
Y, COLORADO
�► Gg
Douglas ademach=r, Pro -Tern
Sea, P. Conway
artZara Kirkmeyer
c., t
David E. Long
2009-0353
PL0824
Violation Summary Report
BASIC INFORMATION
MARTINEZ GERALDINE C LIVING TRUST 9627 E ASPEN HILL PLACE, LONE TREE, CO 80124
Tenant:
JERRY CORDLE 7704 WOODRUFF ST, FORT LUPTON, CO 80621
Compliance Officer: Bethany Salzman
Violation Number: ZCV08-00294
Situs Address: 7704 WOODRUFF ST
Legal: L1-2-3-4 BLK24 EXC E71' L4 ARISTOCRAT RANCHETTES INC
Location:
Location South of and adjacent to CR 18 and East of and adjacent
toCR31
North Agriculture with residences
South Industrial plant / Agriculture
East Agriculture
West Agriculture with minimal residences
Parcel Number: 130927116006-R5302108 Acreage: 3.17
Certified Mail Date: 12/17/2008
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.
23-3-30.1 Noncommercial Junkyard.
23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less
than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or
a LOT which is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from
property equal to, or greater than, eighty (80) acres in size when used to haul agricultural
goods, equipment or livestock, as long as the number of trips does not exceed sixty (60)
per day to and from the property. When the property is located within an approved or
recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption
of any regulations controlling subdivisions, such USE may be permitted through Section
23-4-950 of this Code.
REMEDY
As I believe I have discussed with both of you (Vincent & Jerry), the following issues shall be corrected:
1.) Over the years, the types of fencing materials has expanded so that there are now 4 different
styles/types of fencing on this 1 (one) property. Initially when staff approved the green fabric in the
back, I had explained that was pushing it. That is why it is doubled or tripled (I can't remember). Then
the wooden portion was added. Staff did not complain about the wood, because this is commonly the
type of material we would approve (vs the green material). Then my last inspection, I noted white
panels on top of the green fabric and black fabric up front. It has come to the point where as we
discussed, you are no longer in compliance with your screening plan as we initially discussed 3 or 4
years ago. Furthermore, as we discussed the front yard shall be screened by a wooden fence. The
fence must be painted the same color and reduce the visual blight your current fences pose.
2.) Provide a list of all visible vehicles (with their color and make) and corresponding license plate
information. I can run the plates to make sure they have current registrations.
3.) Finish cleaning up and screening or removing any tires, wood, buckets, unused or broken
equipment (including, but not limited to lawn mowers, etc).
2009-0353
Violation Summary Report
4.) After you have finished cleaning the property we will then discuss the presence of more than 1
(one) snow truck (Commercial Vehicle). When we initially spoke about snow trucks, you indicated they
would only be visible during the winter months so I attempted to work with you regarding their
presence; however, as we discussed, they have been visible year round.
Lastly as we have discussed, if the property is brought into compliance prior to February 6th, the above
referenced Violation Hearing will be cancelled. If not, you will need to attend the hearing to request
any necessary additional time.
RECOMMENDATION
The Department of Planning Services recommends this case be forwarded to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
10/02/2008 Complaint Validated
10/02/2008 LTTR: 5 Day Letter
10/09/2008 LTTR: Violation Notice
10/27/2008 LTTR: Violation Notice
12/17/2008 LTTR: Hearing Notification
OTHER CASE HISTORY
09/26/2008 Property Inspected
10/06/2008 Phone Call
10/07/2008 Phone Call
10/24/2008 Phone Call
12/22/2008 Certified Mail Receipt
Upon a visual inspection of the property, the following
items were noted: multiple derelict vehicles, iron/metal,
tires and miscellaneous debris. No pictures were taken
during this inspection.
Vincent Martinez called. He said he received the letter
regarding this property and has discussed it with Jerry
Cordle.
Jerry Cordle (720-271-2710) called and left a voice mail.
He advised that he received my letter and will work on
getting it cleaned up here the next couple of days he is
off.
I called Jerry Cordle (720-271-2710). We discussed the
violation case. I advised him that the screening was an
issue. He asked for 30 days to install wood panels. I
told him I would get a letter out. We also discussed the
general clean-up of the site.
Received Certified receipt - Signed (Property Owner).
12/29/2008 Certified Mail Receipt Received Certified receipt - Signed (Tenant)
WARt
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E -Mail: bsalzman@co.weld.co.us
December 17, 2008
MARTINEZ GERALDINE C LIVING TRUST
9627 E ASPEN HILL PLACE
LONE TREE, CO 80124
CORDLE JERRY
7704 WOODRUFF ST
FORT LUPTON, CO 80621
Case: ZCV08-00294
Legal Description:
L1-2-3-4 BLK24 EXC E71' L4 ARISTOCRAT RANCHETTES INC
Dear MARTINEZ GERALDINE C LIVING TRUST:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
02/1O/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.
23-3-30.1 Noncommercial Junkyard.
23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less
than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a
LOT which is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property
equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods,
equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to
and from the property. When the property is located within an approved or recorded
subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any
regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of
this Code.
hiDe
Oiflt ADOCOLORA
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E -Mail: bsalzman@co.weld.co.us
To bring your property into compliance with the Weld County Code:
As I believe I have discussed with both of you (Vincent & Jerry), the following issues shall be
corrected:
1.) Over the years, the types of fencing materials has expanded so that there are now 4
different styles/types of fencing on this 1 (one) property. Initially when staff approved the green
fabric in the back, I had explained that was pushing it. That is why it is doubled or tripled (I
can't remember). Then the wooden portion was added. Staff did not complain about the wood,
because this is commonly the type of material we would approve (vs the green material). Then
my last inspection, I noted white panels on top of the green fabric and black fabric up front. It
has come to the point where as we discussed, you are no longer in compliance with your
screening plan as we initially discussed 3 or 4 years ago. Furthermore, as we discussed the
front yard shall be screened by a wooden fence. The fence must be painted the same color
and reduce the visual blight your current fences pose.
2.) Provide a list of all visible vehicles (with their color and make) and corresponding license
plate information. I can run the plates to make sure they have current registrations.
3.) Finish cleaning up and screening or removing any tires, wood, buckets, unused or broken
equipment (including, but not limited to lawn mowers, etc).
4.) After you have finished cleaning the property we will then discuss the presence of more
than 1 (one) snow truck (Commercial Vehicle). When we initially spoke about snow trucks,
you indicated they would only be visible during the winter months so I attempted to work with
you regarding their presence; however, as we discussed, they have been visible year round.
Lastly as we have discussed, if the property is brought into compliance prior to February 6th,
the above referenced Violation Hearing will be cancelled. If not, you will need to attend the
hearing to request any necessary additional time.
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.
tatia\\1
WUDe
COLORADO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E -Mail: bsalzman@co.weld.co.us
The Department of Planning Services' staff will be recommending that the Board of County
Commissioners authorize the County Attorney to proceed with legal action to remedy the
violation. Our records indicate that you were made aware of the nature of the violation including
the action necessary to correct the violation, and that you were given sufficient time to remedy
this violation. If you have any questions concerning this matter, please call me.
Sincerely,
Bethany Salzma
Zoning Compliance Officer II
pc: ZCV08-00294
U.S. Postal Service,.
CERTIFIED MAILTM RECEIPT
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111111cCOLORADO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@co.weld.co.us
October 27, 2008
MARTINEZ GERALDINE C LIVING TRUST
9627 E ASPEN HILL PLACE
LONE TREE, CO 80124
JERRY CORDLE
7704 WOODRUFF ST
FORT LUPTON, CO 80621
Case: ZCV08-00294
Legal Description: L1-2-3-4 BLK24 EXC E71' L4 ARISTOCRAT RANCHETTES INC
Dear: MARTINEZ GERALDINE C LIVING TRUST :
The uses on the above described property are being considered as a zoning code violation of
Sections of the Weld County Code. Currently your property is in violation of the following Section(s)
of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than
eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT
which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions.
Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or
greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or
livestock, as long as the number of trips does not exceed sixty (60) per day to and from the
property. When the property is located within an approved or recorded subdivision, or part of a
LOT which is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions, such USE may be permitted through Section 23-4-950 of this Code.
To bring your property into compliance with the Weld County Code:
As Jerry Cordle and I discussed over the phone on October 24, 2007, the following issues
shall be corrected:
(raft\
VIiDc�,
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@co.weld.co.us
1.) Over the years, the types of fencing materials has expanded so that there are now 4
different styles/types of fencing on this 1 (one) property. Initially when staff approved the
green fabric in the back, I had explained that was pushing it. That is why it is doubled or
tripled (I can't remember). Then the wooden portion was added. Staff did not complain
about the wood, because this is commonly the type of material we would approve (vs the
green material). Then my last inspection, I noted white panels on top of the green fabric
and black fabric up front. It has come to the point where as we discussed, you are no
longer in compliance with your screening plan as we initially discussed 3 or 4 years ago.
Furthermore, as we discussed the front yard shall be screened by a wooden fence. I have
enclosed a Household Hazardous Waste pamphlet which will provide a gallon of free paint
(call before you show up to make sure they have it in stock). This will allow you to paint all
of your fence the same color and reduce the visual blight your current fence posses.
2.) Provide a list of all visible vehicles (with their color and make) and corresponding license
plate information. I can run the plates to make sure they have current registrations.
3.) Finish cleaning up and screening or removing any tires, wood, buckets, unused or
broken equipment (including, but not limited to lawn mowers, etc).
4.) After you have finished cleaning the property we will then discuss the presence of more
than 1 (one) snow truck (Commercial Vehicle). When we initially spoke about snow trucks,
you indicated they would only be visible during the winter months so I attempted to work
with you regarding their presence; however, as we discussed, they have been visible year
round.
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
12/10/2008, 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.
ca-;
COLORADO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@co.weld.co.us
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,
Bethany Salzmai
Zoning Compliance Officer II
pc: ZCV08-00294
sib
hiDe,DO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@co.weld.co.us
October 09, 2008
MARTINEZ GERALDINE C LIVING TRUST
9627 E ASPEN HILL PLACE
LONE TREE, CO 80124
JERRY CORDLE
7704 WOODRUFF ST
FORT LUPTON, CO 80621
Case: ZCV08-00294
Legal Description: L1-2-3-4 BLK24 EXC E71' L4 ARISTOCRAT RANCHETTES INC
Dear: MARTINEZ GERALDINE C LIVING TRUST :
The uses on the above described property are being considered as a zoning code violation of
Sections of the Weld County Code. Currently your property is in violation of the following Section(s)
of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
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.
ffila
hiDe
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@co.weld.co.us
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 last or currently registered
under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services.
To bring your property into compliance with the Weld County Code:
Jerry Cordle has called and advised that he will work on his property on his next available
days off. As you and Mr. Cordle are both aware, while the presence of a
NONCOMMERCIAL JUNKYARD consisting of multiple DERELICT VEHICLES, iron/metal,
tires and miscellaneous debris is an allowed use within an Agriculturally zoned subdivision,
such as Aristocrat Ranchettes, it must be completely SCREENED from all adjacent
properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational
at all times and evidence of current registrations shall be submitted to this office.
As you may or may not recall, when the Board of County Commissioners approved this
Principle Dwelling Unit, they advised you that should this property be in continuous violation
‘atkr.:
hiDeCOLORA
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@co.weld.co.us
as some other properties have been, they would not hesitate to revoke the permit for this
Principle Dwelling Unit. This particular property continues to go in and out of compliance
for the same types of violations (NONCOMMERCIAL JUNKYARDS). I have been left with
no other options, this will be the last violation that I initiate strictly for a Noncommercial
Junkyard on this property, if it happens again, I will recommend that we take this Zoning
Permit back before the Board for revocation.
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
11/10/2008, 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,
Bethany Salzm
Zoning Compliance Officer II
pc: ZCV08-00294
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - OUTREACH
UNITED RESOURCES: Commissioner Vaad moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Baxter, the motion carried unanimously
CONSIDER RESOLUTION RE: 2001 AMOUNT TO BE PAID FOR INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF GREELEY AND WELD COUNTY FOR ISLAND GROVE PARK
MANAGEMENT SERVICES: Mr. Warden stated the agreement between the City of Greeley and Weld
County regarding the Island Grove Park requires an annual fee to be set by the Board operations and
capital improvements. Commissioner Vaad moved to approve said draft resolution. Seconded by
Commissioner Geile, the motion carried unanimously
CONSIDER RESOLUTION RE: DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED
EMERGENCY ORDINANCE #213-B, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR
THE YEAR 2000: Mr. Warden stated the final supplemental appropriation for the year 2000 must be
published prior to first reading of said ordinance. Commissioner Baxter moved to approve said draft
resolution. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER RESOLUTION RE: CANCELLATION OF BOARD OF COUNTY COMMISSIONERS
MEETING SCHEDULED FOR JANUARY 24, 2001: Commissioner Vaad moved to approve said draft
resolution. Seconded by Commissioner Geile, the motion carried unanimously.
PLANNING:
CONSIDER VACATION OF SPECIAL USE PERMIT, SUP #349 - HEITMAN: Sheri Lockman, Department
of Planning Services, staled SUP #349 was for a hog operation which is no longer on site. As the result
of a recently approved Recorded Exemption, the applicant is requesting vacation. Commissioner Baxter
moved to approve the vacation of Special Use Permit, SUP #349. The motion, which was seconded by
Commissioner Vaad, carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#307-
SKYWAY DRIVE, LLC, CIO WENDELL PICKET: Kim Ogle, Department of Planning Services, stated on
December 11, 2000, he conducted an on -site investigation and has no conflict with the landscape
improvements. He stated Don Carroll, Department of Public Works, indicated no concerns with the release
of said collateral. Commissioner Baxter moved to approve said release. The motion, which was seconded
by Commissioner Geile, carried unanimously.
CONSIDER ZPMH #2231 - MARK AND JODY HILL: Wendy Inloes, Department of Planning Services,
stated the applicant did not obtain signatures from 70 percent of the surrounding property owners. She
said the Department of Planning Services recommends approval of this request. Responding to
Commissioner Geile and Hall, Ms. Inloes stated this is a 1/2 -acre parcel, outside the platted town of
Roggen, and there is a sugar factory on the south of subject property, with vacant land and residences,
which are a mixture of stick and mobile homes, surrounding the property. Mark Hill, applicant, stated there
are both stick built and manufactured homes in the area. Responding to Chair Kirkmeyer Mr. Hill indicated
he Is working, so did not attempt to get the 70 percent of signatures. Rod Doren, adjacent property owner,
stated he lives west of subject property and is in favor of the application. Responding to Chair Kirkmeyer,
Mr. Hill stated he accepts the Conditions of Approval proposed by staff. Mr. Barker indicated this matter
was posted according to state statute, however, courtesy notices were not mailed ten days prior to this
hearing. Commissioner Baxter moved to approve the request of Mark and Jody Hill for ZPMH #2231. with
Conditions of Approval as presented. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER ZPMH #2235- VICENTE MARTINEZ: Chair Kirkmeyer also called up ZPMH #2236 for Vicente
Martinez. Ms. Inloes stated these are for mobile homes to be used as principal dwellings, for which the
Minutes, December 18, 2000 2000-3202
Page 4 BC0016
applicant did not submit 70 percent of the surrounding property owners' signatures. Ms. Inloes stated staff
recommends approval, although she has received phone calls from two surrounding property owners with
concerns. Responding to Commissioners Hall and Geile, Ms. Inloes stated the phone calls indicated some
surrounding owners are concerned about the way in which Mr. Martinez leases properties without properly
maintaining them, and the subject lots are currently vacant, Vicente Martinez, applicant, stated the lots
are being set up with improvements and will be rented with the option to buy. Responding to
Commissioners Baxter and Hall, Mr. Martinez, stated he did not attempt to get the required signatures due
to lack of time, and that he has two water taps available through A.R.W.P., Inc. Responding to
Commissioner Geile, Mr. Martinez, stated there are no restrictions on the type of mobile home to be placed
there, but one is a 1995 model, and the other is a 1990 model, with both to be placed on blocks.
Responding to Chair Kirkmeyer, Mr. Martinez stated he owns 21 lots at Aristocrat Ranchettes and has no
violations. He stated he cleans up the lots every year, and he hires an individual to cut rye grass.
Donald Clamp, Jr., surrounding property owner in Aristocrat Acres, stated he owns the only lot in Block 24
that is not owned by Mr. Martinez. Mr. Clamp presented a letter to the Board, as well as photographs of
Mr. Martinez' properties and copies of letters sent to Mr. Martinez addressing the maintenance of said
properties, all marked Exhibit A, and reviewed the photographs and documents with the Board. He stated
Mr. Martinez is in the business of leasing lots for profit; however the lots are not properly maintained. Mr.
Clamp indicated there is no reason to believe Martinez will adequately maintain property or keep them in
sanitary condition when his history reveals he seldom does. He also stated most of the surrounding
properties are owner -occupied by individuals who take great pride in their homes. Mr. Clamp stated, at
a minimum, the Board should add a Condition of Approval, requiring appropriate landscaping in order to
make the lots an asset to the neighborhood. Donna Adams, surrounding property owner, presented 22
pictures of properties leased by Mr. Martinez, 8 pictures showing her own property, and two letters from
adjacent property owners, marked Exhibit B, C, and D, respectively. She stated she agrees with Mr.
Clamp's concerns, and that she lives across the street, in a very nice home where she would like to
remain. She indicated the terrible condition of the properties in the photographs, and requested denial by
the Board, or some stipulation that the junk will not be allowed to accumulate. Responding to
Commissioner Baxter, Ms. Adams stated she calls the fire marshal every year because of the weeds and
the influx of snakes, rats, and bugs, at which time Mr. Martinez is given a certain number of days to cut
the weeds; however, he does not cut the weeds until after the fire marshal initiates action.
Responding to Commissioner Geile, Mr. Martinez stated he places the mobile homes on the property, then
enters a lease agreement with the option to buy, which would be exercised within the next two years. He
also stated he has receipts to show weeds have been cut. Upon further questioning by Commissioner
Baxter, Mr. Martinez stated he has had one or two letters in the past five years regarding weeds, and that
he leases some lots with mobile homes and some lots that the mobile home is owned by the lessee, and
that he understands, as property owner, he is responsible for any trash or junk accumulating on these
properties, or any other code violation or non-commercial junkyard which may occur on the property.
Responding to Chair Kirkmeyer, Mr. Martinez stated the weeds were last cut in June of 2000, and that he
has receipts for the last four years. Mr. Martinez also stated he made no attempt to get the required
signatures. Responding to Commissioner Geile, who expressed the same concerns as the surrounding
property owners, Mr. Martinez stated he does not live in Aristocrat Ranchettes, and the subject properties
are currently empty lots which will have nice mobile homes placed upon them. He further stated they will
be leased with an option to buy, and he has met all the requirements and regulations of Weld County.
Responding to Commissioner Vaad, Ms. Inloes stated regarding Condition of Approval #4, if the mobile
home becomes derelict, it will be in violation and one option will be to remove from site; however, it will be
up to the Building Inspector to determine whether it is derelict. Ms. Inloes also indicated this is not a
routine Condition of Approval; however, it was added to these two cases because of the concerns of
surrounding property owners. Responding to Commissioner Vaad, Mr. Barker stated there are two actions
to be taken when one individual owns the personal property, and another owns property. The first option
Minutes, December 18, 2000 2000-3202
Page 5 BC0016
would be to pursue the derelict home through a Condition of Approval placed on the issuance of the permit,
which would only be against the owner of the real property. The second option would be a typical violation
which would be against both property owner and tenant. Responding to Chair Kirkmeyer, Mr. Barker
agreed if the owner of the real property were required to get the owner of the mobile home off said
property, it would require legal action to evict. Responding to Commissioner Geile, Chair Kirkmeyer stated
reasons for denial might be found in the Zoning Ordinance, specifically, Section 43.2.6.1.4 regarding the
general health, safety, and welfare of the inhabitants of the area, and Section 43.2.6.1.1 regarding
compatibility of the mobile home being in harmony with the character of neighborhood and its effects upon
the immediate area, as well as compatibility with the Weld County Comprehensive Plan. Responding to
Commissioner Baxter, Mr. Martinez stated if it falls into disrepair, he would issue a 30 -day letter, and the
lessee would then be subject to eviction if it were not cleaned up. Commissioner Vaad clarified for Mr.
Martinez that any future action the County takes would be against him, Mr. Martinez responded that he
would have to hook up and remove the mobile home at the owner's expense, and agreed it will not be on
the lot if it gets to that condition. Responding to Commissioner Geile, Mr. Barker stated there is no
precedent for requiring landscaping as a Condition of Approval, and it would be difficult to enforce.
Commissioner Vaad moved to move to approve the request of Vicente Martinez for ZPMH #2236 with the
Conditions of Approval as presented. The motion was seconded by Commissioner Geile. Commissioner
Vaad stated the County has done a lot to clean up this area, and if it becomes a problem the Board will
expect vigorous enforcement of this condition. He indicated he is sympathetic of neighbors and concerns.
Commissioner Geile stated although he has similar concerns, the Conditions of Approval mitigate any
non-compliance with Section 43.2.6.1. Commissioner Hall stated he will vote against the motion since he
is concemed about the evidence presented by surrounding property owners and feels this will effect the
immediate area, as well as the past history which is indicative off what will occur. Commissioner Baxter
stated he also has concerns, but feels safeguards will alleviate concerns and leaves path for enforcement.
Responding to Chair Kirkmeyer, Mr. Martinez stated he agrees with the Conditions of Approval as
presented. Chair Kirkmeyer also noted there are two Conditions of Approval numbered as #9, which
should be corrected, making ten Conditions of Approval. She referenced Section 43.2.6.1.4 as reasons
for voting against the motion, because in looking at other properties they do seem to jeopardize the health,
safety, and welfare of the inhabitants, and that mowing once a year is not often enough to alleviate
concerns with weeds. On a roll call vote, the motion carried three to two, with Commissioner Hall and
Chair Kirkmeyer against the motion.
CONSIDER ZPMH #2236 - VICENTE MARTINEZ: Commissioner Vaad moved to approve the request
of Vicente Martinez for ZPMH #2236 with the Conditions of Approval as presented. The motion was
seconded by Commissioner Geile. Chair Kirkmeyer noted there are two Conditions of Approval numbered
as #9, which should be corrected. On a roll call vote, the motion carried three to two, with Commissioner
Hall and Chair Kirkmeyer voting against the motion.
Chair Kirkmeyer recessed the meeting for 1/2 hour because of a scheduling conflict.
CONSIDER RECORDED EXEMPTION #2911 - MARRS LAND AND CATTLE, LLP: Upon reconvening
Robert Anderson, Department of Planning Services, requested Recorded Exemption #2911 be withdrawn
since the applicant and the staff have reached a compromise. It was the consensus of the Board to hear
the case instead of sending it back for staff approval. Mr. Anderson stated this is a two -lot Recorded
Exemption, located north of Weld County Road 6 and east of Weld County Road 21. He stated it is zoned
agricultural, and is prime farmland with agricultural uses surrounding it. Mr. Anderson stated six referrals
were sent out and five responded, with two recommending Conditions of Approval. He further stated that
staff was concemed with the application for a 34.9 -acre Lot A, causing fragmentation of prime farmland
into parcel sizes of questionable agricultural viability; however, the applicant has modified his request and
Lot A will be reduced to 10 acres in size, leaving Lot B at 110 acres. Joe Rutledge, applicant's
Minutes, December 18, 2000 2000-3202
Page 6 BC0016
hiDe
COLORADO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E -Mail: bsalzman@co.weld.co.us
October 02, 2008
MARTINEZ GERALDINE C LIVING TRUST
9627 E ASPEN HILL PLACE
LONE TREE, CO 80124
CORDLE JERRY
7704 WOODRUFF ST
FORT LUPTON, CO 80621
Case: ZCV08-00294
Legal Description: L1-2-3-4 BLK24 EXC E71' L4 ARISTOCRAT RANCHETTES INC
Dear MARTINEZ GERALDINE C LIVING TRUST and CORDLE JERRY:
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:
As your tenant and I have discussed on numerous occassions while the presence of a
NONCOMMERCIAL JUNKYARD consisting of multiple DERELICT VEHICLES, iron/metal,
tires and miscellaneous debris is an allowed use within an Agriculturally zoned subdivision,
such as Aristocrat Ranchettes, it must be completely SCREENED from all adjacent
properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational
at all times and evidence of current registrations shall be submitted to this office.
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.
Wi‘actdvt
�Yc
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E -Mail: bsalzman@co.weld.co.us
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 last or
currently registered under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public
rights -of -way.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of
Planning Services.
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,
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV08-00294
Identify Results
Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5302108 Parcel#: 130927116006
o..WrrR.tf „+-aa r,,r„rs,n4.o ealia»vna mro-..fl4,-4,=o-mxWS,:fle tai {714.r �k-csnavannytaala
Tax Area: 2241 Bordering County:
Acres: 3.3
Township Range Section Ouart. Sec. Subdivison Name Block# Lot#
02 - 66 - 27 - 1 ARISTOCRAT RANCHETTES INC - 24 - 1
,e„a-.mu.r...v ran tea., u,ec r� „b xrrsr,x..n »sr,..wuex menr��,aaa_.<x ..zip. .: :me =ra., r-rassru�muxwnsc; mr- ..rMe,�za +eeze.aMwa
Owners Name & Address:
MARTINEZ GERALDINE C LIVING TRUST
9627 E ASPEN HILL PLACE
LONE TREE, CO 80124
Business/Complex:
Sale Date
Property Address:
Street: 7704 WOODRUFF ST WELD
City: WELD
Sales Summary
Sale Price Deed Type
$0
Legal Description
eception #
L1-2-3-4 BLK24 EXC E71' L4 ARISTOCRAT RANCHETTES INC
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 3.3
Actual Value
Assessed
Value
3.3 $165,000 $13,130
Buildings Valuation Summary
Building Details
Actual Value
$127,815
$292,815
Assessed
Value
$10,170
$23,300
Account#: R5302108 Parcel#: 130927116006
Owners Name & Address:
MARTINEZ GERALDINE C LIVING TRUST
9627 E ASPEN HILL PLACE
LONE TREE, CO 80124
Building#
1
Built As:
Exterior:
Ranch 1 Story
Frame Hardboard
Property Address:
Street: 7704 WOODRUFF ST WELD
City: WELD
Property Type
Residential
Individual Built As Detail
Year Built:
HVAC:
1969
Forced Air
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Identify Results Page 2 of 2
Interior Finish:
# of Baths:
# of Bdrms:
if of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Drywall
2
3
1
0
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
1659
Composition Shingle
0
Detached SQ Ft: 576
Finished SQ Ft:
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 10/1/2008
Identify Results
Page 1 of 1
Account#: M0083202
Owners Name & Address:
MARTINEZ VICENTE G
9627 E ASPEN HILL PL
LONE TREE, CO 80124-5448
Business/Complex:
Mobile Home Valuation
Property Address:
Street: 15947 CAROLINE AV WELD
City: WELD
Legal Description
Parcel#: 130927116006
L1-2-3-4 BLK24 IMPS ONLY EXC E71' L4 ARISTOCRAT RANCHETTES INC MOBILE/MODULAR TITLE NO: 03P343531 SERIAL:
NNID38965 YEAR: 2001 MAKE: NAS SIZE: 16X80 15947 CAROLINE AV WELD
Land Value
Impr. Value
Total Value
Tax Area:
Acres:
Sq. Ft.:
$0
$44,459
$44,459
Total Taxes: $211.82
Land Assessed Value
Impr. Assessed Value
Total Assessed Value
Amount Due: $0.00
$0
$3,540
$3,540
Bordering County:
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
ARISTOCRAT RANCHETTES INC - 24 - 1
Sale Price
$11,000
02-66-27-1
Sale Date
6/1/2004
Deed Type
MHTL
Reception #
03P343531
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Identify Results
Page 1 of 1
Account#: M0043002
Owners Name & Address:
PARR RONALD ARTHUR
C/O JERRY & LORRIE CORDLE
7704 WOODRUFF
FORT LUPTON, CO 80621
Business/Complex:
Mobile Home Valuation
Property Address:
Street: 7704 WOODRUFF WELD
City: WELD
Legal Description
Parcel#: 130927116006
L1-2-3-4 BLK24 IMPS ONLY EXC E71' L4 ARISTOCRAT RANCHETTES INC MOBILE/MODULAR TITLE NO: 12P241144 SERIAL:
35510130H YEAR: 1995 MAKE: SPR SIZE: 16X76 7704 WOODRUFF WELD 00000
Land Value
Impr. Value
Total Value
Tax Area:
Acres:
Sq. Ft.:
$0
$42,317
$42,317
Total Taxes: $206.66
Land Assessed Value
Impr. Assessed Value
Total Assessed Value
Amount Due: $206.66
$0
$3,370
$3,370
Bordering County:
Township Range Section Ouart. Sec. Subdivison Name Block# Lot#
ARISTOCRAT RANCHETTES INC - 24 - 1
Sale Price
$0
02-66-27-1
Sale Date
Deed Type Reception #
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=accdet&acct=M0043002&type=M 10/1/2008
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10"' Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
X ZONING CODE COMPLAINT Staff/Name ❑ Citizen ❑ Other:
• HEALTH DEPARTMENT Citizen's Name (If known):
• WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known):
• BUILDING CODE COMPLAINT
• PUBLIC WORKS / PEST & WEEDS
Date Complaint was received: `I
Pending Case # (i.e. USR, RE, SE, ect...):
Legal Description: LC* as5e4 ht oc t\;,cI Parcel #:' c -ai—(—i(O-C .p
Violation Address:
Property Owners Name
kC'eshkiof'5 eVel riF os_ C. -141 (\5 k'L(tcs(' Phone:
Property Owners Address
k€ai E ciin tA Pete) LortTiet, CD C5 4
Tenant's Name: Cc) S; (UN-dlr.
Tenant's Address:
Phone:
NATURE OF COMPLAINT:
Additional Notes:
SPECIAL WARRANTY DEED
11111111111 1111111 Ili illlll 11111111$ IIIII IIII IIII
3056404 04/28/2003 12:52P Weld County, CO
1 of 1 R 6.00 0 0.00 Steve Moreno Clerk & Recorder
VICENTE G. MARTINEZ
whose address is 9627 E. Aspen Hill Place, Lone Tree, Colorado 80124
of the County of Douglas and State of Colorado.
for and in consideration of Estate Planning considerations and other good and
valuable consideration (transfer to grantor trust, no documentary fee required), in
hand paid, hereby sell and convey to:
THE GERALDINE C. MARTINEZ LIVING TRUST, UTA dated February 26, 2003,
whose address is: 9627 E. Aspen Hill Place, Lone Tree, Colorado 80124
of the County of Douglas and State of Colorado,
the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado,
described as follows:
LOTS 3 AND 4, BLOCK 24, ARISTOCRAT RANCHETTES, INC. SUBDIVISION, EXCEPT THE EAST 71 FEET
THEREOF, COUNTY OF WELD, STATE OF COLORADO.
also known by street and number as: 15977 and 15947 Caroline Avenue, Ft. Lupton, CO 80621
with all its appurtenances and warrants the title to the same, subject to:
general taxes for the current year and subsequent years and subject to restrictions, reservations and covenants
of record and except easements, rights of way, mortgages, and encumbrances of record, if any.
VICENTE G. MARTINE
STATE OF COLORADO
COUNTY OFARAPAHOE
)ss.
The foregoing instrument was acknowledged before me this 26th day of February, 2003, by Vicente G. Martinez
My commission expires: 3.100V
Witness my hand and official seal.
Lou Cor!iss
9 tent t e
(The legal desct• pnon a t e mes es ba ceco title owners were provided by the parties)
State v Colorado
406
SPECIAL WARRANTY DEED
111111111111111111 III If 111111111111111 III 11111 III! IIII
3056406 04/28/2003 12:52P Weld County, CO
1 of 1 R 6.00 D 0.00 Steve Moreno Clerk & Recorder
VICENTE G. MARTINEZ
whose address is 9627 E. Aspen Hill Place, Lone Tree, Colorado 80124
of the County of Douglas and State of Colorado.
for and in consideration of Estate Planning considerations and other good and
valuable consideration (transfers to grantor trust, no documentary fee required), in
hand paid, hereby sells and conveys to:
THE GERALDINE C. MARTINEZ LIVING TRUST, UTA dated February 26, 2003,
whose address is: 9627 E. Aspen Hill Place, Lone Tree, Colorado 80124
of the County of Douglas and State of Colorado,
the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado,
described as follows:
LOTS I AND 2, BLOCK 24,
ARISTOCRAT RANCH ETTES,
COUNTY OF WELD,
STATE OF COLORADO
also known by street and number as: 7705 Patrick and 7704 Woodruff, Ft. Lupton, CO
with all its appurtenances and warrants the title to the same, subject to:
general taxes for the current year and subsequent years and subject to restrictions, reservations and covenants
of record and except easements, rights of way, mortgages, and encumbrances of record, if any.
VICENTE G. MARTI
STATE OF COLORADO
)ss.
COUNTY OFARAPAHOE
The foregoing instrument was ack .wled.=• before me this 26th day of February, 2003, by Vicente G. Martinez.
My commission expires:
Witness my hand and official seal.
J
(The legal
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