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Home My WebLink About20092389.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JESUS AND ELVIRA GONZALES 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, Jesus and Elvira Gonzales, ZCV #0900108, 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 8th day of September, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Elvira Gonzales, property owner, and Julian Vasquez, were 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 November 8, 2009, to allow adequate time for the property owners to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights -of -way, and to submit a Use by Special Review Permit application or remove the commercial vehicles numbering more than the one (1) allowed, 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 ZCV #0900108 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Jesus and Elvira Gonzales 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 November 8, 2009, to allow adequate time for the property owners to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights -of -way, and to submit a Use by Special Review Permit application or remove the commercial vehicles numbering more than the one (1) allowed, to bring the subject property into compliance. 2009-2389 ee .&9/3/07 PL0824 VIOLATIONS - ZCV #0900108 - JESUS AND ELVIRA GONZALES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of September, A.D., 2009. ATTEST: Weld County Clerk to BY AP ounty Attorney BOARD OF C UNTY COMMISSIONERS WELD COLORADO William F. Garcia, Chair EXCUSED Douglas Rademacher, Pro -Tern Sean V. Conway ara Kirkmeyer Date of signature W-- 47 2009-2389 PL0824 Violation Summary Report BASIC INFORMATION GONZALES JESUS & ELVIRA Tenant: Compliance Officer: Ann Siron Violation Number: ZCV09-00108 Situs Address: Legal: PT NW4SE4 11-5-65 LOT B REC EXEMPT RE -3123 SITUS: 1707 HOLLY AV WELD 000000000 Location West of and adjacent to Holly Ave and approximately 1/4 mile north of East 18th Street North Greeley city limits, some Ag and I-3 zone districts South Ag zone districts East Ag zone districts West R-1 and R-3 zone districts 1707 HOLLY AVE GREELEY, CO 80631 Location: Parcel Number: 096111000051-R1041702 Acreage: 18.01 Certified Mail Date: 08/17/2009 Currently the property is in violation of: Chapter 23, Article111(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. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) 23-3-40 Uses by special review 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. 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. 2009-2389 Violation Summary Report 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. 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. COMMERCIAL VEHICLE REMEDY THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, AUTOMOBILE PARTS, TIRES AND OTHER MISCELLANEOUS DEBRIS SHALL BE RESTORED, REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. A PRE -APPLICATION MEETING WAS HELD ON JUNE 11, 2009. IT WAS DISCUSSED THEN THAT A USE BY SPECIAL REVIEW APPLICATION SHALL BE COMPLETED AND SUBMITTED FOR THE TRUCKING OPERATION OR THE NUMBER OF COMMERCIAL VEHICLES SHALL BE REDUCED TO ONE. RECOMMENDATION The Department of Planning Services recommends the case be referred to the County Attorney's office for immediate legal action. LETTER HISTORY 04/09/2009 Complaint Validated 04/09/2009 LTTR: 5 Day Letter 04/24/2009 LTTR: Violation Notice 06/17/2009 LTTR: Violation Notice 08/17/2009 LTTR: Hearing Notification OTHER CASE HISTORY 04/08/2009 Property Inspected 06/17/2009 Phone Call UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: NCJY CONSISTING OF DERELICT VEHICLES, AUTOMOBILE PARTS, TIRES AND MISCELLANEOUS DEBRIS AND 10+ COMMERCIAL VEHICLES, SOME APPEAR OPERABLE AND SOME ARE DERELICT. (SEMI TRAILERS/TRACTORS AND DUMP TRUCKS. RECEIVED A PHONE CALL FROM ELVIRA STATING THAT SHE HAD A PRE -APP WITH PUBLIC WORKS (DON CAROLE) AND A PLANNER (CHRIS GATHMAN) AND THEY WOULD BE PROCEEDING WITH THE USR AND THEY SAID IT WOULD TAKE ABOUT 60 DAYS TO PUT AN APPLICATION TOGETHER. I CALLED HER BACK AND LEFT A VOICEMAIL THAT SHE Violation Summary Report WOULD INDEED HAVE 60 DAYS AND I WOULD SEND HER AN EXTENSION LETTER STATING THAT SHE WOULD HAVE UNTIL AUGUST 17 TO SUBMIT A COMPLETE USR APPLICATION. 08/12/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: 30+ DERELICT VEHICLES, CAMPERS, TRAILERS, WOOD AUTOMOBILE PARTS, DUMP TRUCK, 10+ CABS AND TRAILERS. PICTURES WERE TAKEN. 08/19/2009 Phone Call RECEIVED A PHONE CALL FROM ELVIRA GONZALES. SHE SAID THAT SHE GOT THE LETTER EARLIER THAN THE DEADLINE. I EXPLAINED THAT SHE STILL HAD UNTIL SEPTEMBER 4, 2009 TO BRING THE PROPERTY INTO COMPLIANCE BEFORE HEARINGS ON SEPTEMBER 8 SO THEY DO GO OUT A LITTLE EARLY TO GIVE SOME WARNING. SHE SAID THAT THEY WERE HAVING A HARD TIME COMING UP WITH THE MONEY BUT THAT THEY WOULD BE DECIDING SOON. I TOLD HER THAT THE NCJY ISSUE STILL STANDS AS WELL. SHE EXPLAINED THAT WORK HAD TAKEN PLACE OUT THERE AND THEY HAVE RECEIPTS FROM ANDERSON"S TO SHOW THAT THEY HAVE BEEN TAKING THINGS TO THE JUNKYARD. SHE ASKED THAT IF SHE DID NOT GET THE PERMIT THEY COULD HAVE ONE TRUCK AND TRAILER THAT HAD TO BE SCREENED. I TOLD HER THERE WERE NO SCREENING REQUIREMENTS AND YES, ONE TRUCK ONE TRAILER AS A USE BY RIGHT. EVERYTHING ELSE WOULD NEED TO BE REMOVED AND SCREENING ADDITIONAL COMMERCIAL VEHICLES WAS NOT AN OPTION. I TOLD HER TO KEEP ME POSTED PRIOR TO THE HEARINGS WHAT THEY WOULD BE REQUESTING. SHE SAID SHE WOULD CONTACT ME SOON. Ann Siron From: Sent: To: Subject: Ann: Phillip Brewer Friday, August 21, 2009 3:43 PM Ann Siron 1707 E Holly Ave I did go out there about a week ago and gave to the brother of the owner of the land several open burning brochures and verbally told him about open burning regulations. He contacted his sister while I was visiting with him. I talked with his sister who owns the property (on the cell phone). She told me she is a county employee who works in the building just to the south of the health department. She is Elvira Gonzalez @ Ext. 3378. I got the impression that she was saying to me that since she is a county employee that I should "ease" up a bit! Nonetheless, I let her know the "rules" of open burning. I contacted the complainant (Clifford Clift) and asked that if other burning is conducted that he call "911" and have the fire extinguished. I also said that I will want to know about future open burns, as there will likely be no open burning permits issued for the items that are intended to be burned. If I can receive an invitation to a Planning Commission hearing dealing with the noncommercial junkyard and the trucking business without a USR I would be pleased. I will attend! Thanks Phil hiDe COLORADO August 17, 2009 GONZALES JESUS 8, ELVIRA 1707 HOLLY AVE GREELEY, CO 80631 WELD COUN i Y 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: ZCV09-00108 Legal Description: PT NW4SE4 11-5-65 LOT B REC EXEMPT RE -3123 SITUS: 1707 HOLLY AV WELD 000000000 Dear GONZALES JESUS & ELVIRA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 09/08/2009 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. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) 23-3-40 Uses by special review 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted Page 1 of 3 COLORADO WELD COUN i Y 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 to use the special review permit process to develop. 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. 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. 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. COMMERCIAL VEHICLE To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, AUTOMOBI PARTS, TIRES AND OTHER MISCELLANEOUS DEBRIS SHALL BE RESTORED, REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. A PRE -APPLICATION MEETING WAS HELD ON JUNE 11, 2009. IT WAS DISCUSSED THEN THAT A USE BY SPECIAL REVIEW APPLICATION SHALL BE COMPLETED AND SUBMITTED FOR THE TRUCKING OPERATION OR THE NUMBER OF COMMERCIAL VEHICLES SHALL BE REDUCED TO ONE. Page 2 of 3 COLORADO WELD COUN fY 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. Sincerely, Ann Siron Zoning CompOfficer pc: ZCV09-00108 16042 SENDER: COMPLETE THIS SECTION ■ A Signature COMPLETE THIS SECTION ON DELIVERY Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. e2 coua . yenning DepartMent ■ Print your name and address on the r GRCtt-Cv OFFICE ' so that we can return the card to you. B. Received by (Printed Name) ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1- fing D. Is delivery address different from item 1? y Sr%sjt ry address below: � niiYY/ ❑ Agent ❑ Addressee C. Date of Delivery 1. Article Addressed to: Jesus V clv:Q v�2I 110-1 � (fret l { y CO 80!03/ / ❑ Yes O No 3. Sep.ice Type Certified Mail Registered ❑ Insured Mail ❑ Express Mail O Retum Receipt for Merchandise O C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (Transfer from service label) 7007 1490 0004 7353 2150 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Page 3 of 3 online Code 081009 (2).txt From: webmaster@co.weld.co.us Sent: Monday, August 10, 2009 12:19 PM To: Bethany Salzman Cc: wendi inloes Subject: Online Code Complaint online complaint submitted August 10, 2009 Name of Complainant: Cliff Clift Address of Complainant: 2001 Fern Avenue Email Address: None Complainant Phone: 302-9118 Address of Alleged violation: 1707 E. Holly Avenue Nature of the Alleged violation: Burning of plastics, packing materials and wood pallets and related masterials from UPS trucks How are Your/Your Property Impacted by this Alleged violation? smoke from the event camne back up the river and inundated our property and neighboring property where is Your Property in Relation to the Alleged Violation: one mile south southwest Have You Discussed Your Concerns With the Property Occupant? No. I have spoken with Troy Swain in Environmental Health. If Not, Please Explain why? I am the courier of the information on behalf of the greater neighborhood Are You in a Subdivision which has Covenants that Prohibit the Activity? No Have You Contacted the Homeowners Association? No May we contact you? Yes y ' Page 1 Mac COLORADO MEMORANDUM TO: PA09-059; Case File, pre -application DATE: June 11, 2009 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre -Application Meeting prior to submitting USR to park commercial vehicles Attendees: Elvira Gonzalez, Applicant Jillian Vasquez, Applicant Don Carroll, Public Works Kim Ogle, Planning Chris Gathman, Planning Kris Ranslem, Planning On Thursday, June 11, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed USR to park commercial vehicles. (The legal description is Lot B RE -3123; Part of the NW4SE4 of Section 11, Township 5 North, Range 65 West of the 6th P.M.; Situs Address is 1707 Holly Ave) Background Information: Staff received a complaint that commercial vehicles were being parked on site. Upon inspection, staff visited with the applicant and noted that there were commercial vehicles parking on site and is a violation according to Weld County Code. There are 10 commercial vehicles parked on site. There is no office. The applicants indicated that family members use this site to park their vehicles when not on the road. The site is zoned agricultural and encumbers approximately 18 acres. Public Works No Traffic Study is required. The applicants mentioned that many times the drivers are dropped off by their wives or friends; however there are some passenger vehicles in the parking area by family members and outside staff. Staff requested that the applicant give a description of the drainage of the property. The applicant may visit with Clay Kimmi of Public Works (970-304-6496 ext. 3741) for further direction. The site is located in a FEMA regulated floodplain. Please contact Clay Kimmi for a Flood Hazard Development Permit. Planning Department The applicants change the oil in the trucks and store the oil in drums until it can be recycled by NAPA or Auto Zone. Staff asked the applicants to supply the contact information of who recycles the oil. The applicants indicated that in addition to the commercial vehicles there are several old cars. Staff informed the applicant that both the commercial vehicles as well as the old cars will need to stored within an opaque fenced area. 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. Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. End memorandum. criTh WUDc �w� June 17, 2009 GONZALES JESUS & ELVIRA 1707 HOLLY AVE GREELEY, CO 80631 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: ZCV09-00108 Legal Description: PT NW4SE4 11-5-65 LOT B REC EXEMPT RE -3123 SITUS: 1707 HOLLY AV WELD 000000000 Dear: GONZALES JESUS & ELVIRA : 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.L Up to two (2) semi -trailers may be used for accessory storage on agricultural parcels not in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. (One [1] semi -trailer used as accessory storage on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District may be permitted according to the procedure and requirements outlined in Section 23-4-165 of this Chapter for the purpose of storing goods inside the unit.) 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. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) 23-3-40 Uses by special review Page 1 of 3 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 COLORADO 23-3-40.O HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. 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. 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 To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, AUTOMOBILE PARTS, TIRES AND OTHER MISCELLANEOUS DEBRIS SHALL BE RESTORED, REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. ADDITIONALLY A USE BY SPECIAL REVIEW APPLICATION SHALL BE COMPLETED AND SUBMITTED TO THE DEPARTMENT OF PLANNING SERVICES. ENCLOSED IS A PRE -APPLICATION REVIEW REQUEST WHICH WILL NEED TO BE FILLED OUT AND SUBMITTED TO GET THE PERMITTING PROCESS STARTED. OTHERWISE THE NUMBER OF COMMERCIAL VEHICLES SHALL BE REDUCED TO ONE AND REMAIN IN RUNNING CONDITION AS A USE BY RIGHT IN THE AG ZONE DISTRICT. ***A SIXTY DAY EXTENSION HAS BEEN GRANTED TO COMPLETE AND SUBMIT A USR APPLICATION TO THE DEPARTMENT OF PLANNING SERVICES.*** Page 2 of 3 fer\a" hiDe WIORAUO 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 08/17/2009, 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. Sincerely, Ann Siron Zoning Compliance Officer pc: ZCV09-00108 Page 3 of 3 April 24, 2009 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 GONZALES JESUS & ELVIRA 1707 HOLLY AVE GREELEY, CO 80631 Case: ZCV09-00108 Legal Description: PT NW4SE4 11-5-65 LOT B REC EXEMPT RE -3123 SITUS: 1707 HOLLY AV WELD 000000000 Dear: GONZALES JESUS & ELVIRA : 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.L Up to two (2) semi -trailers may be used for accessory storage on agricultural parcels not in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. (One [1] semi -trailer used as accessory storage on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District may be permitted according to the procedure and requirements outlined in Section 23-4-165 of this Chapter for the purpose of storing goods inside the unit.) 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. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) 23-3-40 Uses by special review Page 1 of 3 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 23-3-40.O HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. 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; buil To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, AUTOMOBILE PARTS, TIRES AND OTHER MISCELLANEOUS DEBRIS SHALL BE RESTORED, REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. ADDITIONALLY A USE BY SPECIAL REVIEW APPLICATION SHALL BE COMPLETED AND SUBMITTED TO THE DEPARTMENT OF PLANNING SERVICES. ENCLOSED IS A PRE -APPLICATION REVIEW REQUEST WHICH WILL NEED TO BE FILLED OUT AND SUBMITTED TO GET THE PERMITTING PROCESS STARTED. OTHERWISE THE NUMBER OF COMMERCIAL VEHICLES SHALL BE REDUCED TO ONE AND REMAIN IN RUNNING CONDITION AS A USE BY RIGHT IN THE AG ZONE DISTRICT. Page 2 of 3 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 06/24/2009, 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, Anr1—Siron Zoning CompliandeOTficer pc: ZCV09-00108 Page 3 of 3 Afr hiDe Cow April 09, 2009 GONZALES JESUS & ELVIRA 1707 HOLLY AVE GREELEY, CO 80631 Case: ZCV09-00108 Legal Description: PT NW4SE 00000000C 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 t770—L1)8-8os-7 Dear GONZALES JESUS & E It has come to the attention of I not be in compliance with the V Weld County Code are as folio THE PRESENCE OF. VEHICLES, AUTOMC ADDITIONALLY, IT V\ WITHOUT THE APPROPRIA I t rcnrvu 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, S: 1707 HOLLY AV WELD Ann Siron Zoning Compliance Officer pc: ZCV09-00108 uses on your property may ncompliance(s) with the 3 OF DERELICT EBRIS. iME DERELICT) Page 1 of 1 IH ZONING CODE COMPLAINT IIIlk 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: -1.0'JO9 -CVO 'H Stan7Name: ❑ Citizen E Other HEALTH DEPARTMENT ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL O BUILDING CODE COMPLAINT O PUBLIC WORKS / PEST & WEEDS Citizen's Name (If known)'. Phone Number (If known) Date Complaint was received: Pending Case # (i.e. USR, RE, SE, ect...): Legal Description: Violation Address: Property Owners Name Property Owners Address: you grcel#: Qq(o/ -I/'O-W' - s, rec/ey go tezgi e e( Jesus &v/rc & s za/ePhone: cll. C — 6 3( 75, Ito -36 &Woo rsts It Tenant's Name: Phone: Tenant's Address: NATURE j £ua gUalLA OF COMPLAINT: Nip 71-7 ut_fiz -That, Additional Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1041702 V.Ir. i.kvrtrrar4.'41.61OC2:SYL1rrtioni,,-.1101 10.271 ..S.UMM 7a6MtarA+ia-VaaVereWIHRMerl-MW Parcel#: 096111000051 Tax Area: 0693 Bordering County: Acres: 18.1 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 05-65-11-0 as;i:/anama:..wtt.:mura:�levMcaaau3mcwn..r..1,11,,,N4V,✓...t7Yxwu•w/M.MbcnlsRrsiuntamSADVAtt-Xityn.u+c'-1m,......causm g414,,nn.::x Owners Name & Address: GONZALEZ JESUS L & 1707 HOLLY AVE GREELEY, CO 80631 Property Address: Street: 1707 HOLLY AV WELD City: WELD Additional Owners: GONZALEZ ELVIRA V Business/Complex: Sale Date 4/30/2002 Sale Price $165,000 Sales Summary Deed Type WD Reception # 2948362 Legal Description PT NW4SE4 11-5-65 LOT B REC EXEMPT RE -3123 SITUS: 1707 HOLLY AV WELD 000000000 Land Type Agricultural Land Subtotal: Abst Code 4147 Land Valuation Summary Unit of Number of Measure Units Acres 18.1 Bldg# Property Type 1 Residential Improvements Subtotal: Total Property Value Account#: R1041702 Actual Value 18.1 $301 Assessed Value $90 Buildings Valuation Summary Actual Value $476,379 Assessed Value $37,920 Owners Name & Address: GONZALEZ JESUS L & 1707 HOLLY AVE GREELEY, CO 80631 Building* 1 Building Details Property Address: Street: 1707 HOLLY AV WELD City: WELD Property Type Residential Individual Built As Detail $476,680 $38,010 Parcel#: 096111000051 http://maps2.merrick. corn/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=096111... 4/9/2009 Identify Results Page 2 of 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Ranch 1 Story Year Built: Frame Stucco HVAC: Drywall Built As SQ Ft: 3 Roof Type: 4 Roof Cover: 1 0 Units: 840 0 Detached SQ Ft: Finished SQ Ft: 2004 Central Air to Air 4068 Hip/Gable Comp Shingle Heavy 0 0 0 http://maps2.merrick.com/Website/W eld/setSgl.asp? cmd=QUERY&DET=PP&pin=096111... 4/9/2009 Z WaL -E-16TH-ST -' Z W T 111111111111111111111111111111111111111111111111111I I I 2948362 05/0212002 04:13P JA Sukl Tsukamoto 362 1 of 1 R 5.00 D 16.50 Weld County CO WARRANTY DEED THIS DEED. Made this 30th day of April , 2002. between John A. Morris and Arline G. Morris ofthe County of Weld and State of Colorado grants -Land Jesus L. Gonzalez and Elvira V. Gonzalez whose legal address is 1707 Holly Avenue, Greeley, CO 80631 £(0379%M't&/ of the County of Weld and State of Colorado ,grantees. WITNESS, That the grantor. for and in consideration of the sum of ONE HUNDRED SIXTY FIVE THOUSAND AND NO/100 DOLLARS, ($165, D00.00 ), the receipt and sufficiency of which is hereby acknowledged, has granted bargained, sold and conveyed, and by these presents does grant, bar- gain, sell, convey and confirm unto the grantees. their heirs and assigns forever, net in tenancy In common but 1n joint tenancy, an the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot B of Recorded Exemption No. 0961 -11 -4 -RE -3123, recorded August 21, 2001 at Reception No. 2876370, being a part of the Southeast Quarter of Section 11, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado also known by street and number as 1707 Holly Avenue, Greeley, CO 80631 TOGETHER with all and singular the hereditamems and appurtenances thereunto belonging, or in anywise appertaining. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right tits interest. claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees. their heirs and assigns, that at the lime of the ensealing and delivery of these presents, be is well seized of the premises above conveyed, has good, sure, perfect absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid. and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments. encumbrances and restrictions of whatever kind ornature soever. except for taxes for the current year, a hen but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section Sa [Title Review], of the contract dated Marsh 22, 2002 , between the parties. The grantor shall and will WARRANTAND FOREVER DEFEND the above -bargained premises in the quiet and peaceable posses- sion of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The sin$§tar number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WNESS WHEREOF, the grantor has executed this deed on the date set forth above. ohn A. Morris STATE OF COLORADO COUNTY OF Weld The foregoing instrument was acknowledged before me this 30th John A. Morris end Arline G. Morris My Commission expires. February 23, 2003 Arline G. Morrie Notary Public Barbara R. Coonrod wAanAMYDEED (to i Wa hate) av,00rrm, Mai 00V592A02 Hello