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HomeMy WebLinkAbout20092940.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONER REGARDING VIOLATION ZCV #0900162 AGAINST JOHN AND MICAH SILVA 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, John and Micah Silva, ZCV #0900162, 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 November, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, John and Micah Silva, were not present or represented at said hearing, and WHEREAS, the Board deems it advisable to refer said matter back to the Department of Planning Services, since the property owners have submitted an application for annexation to the Town of Mead. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0900162 against John and Micah Silva be, and hereby is, referred back to the Department of Planning Services, since the property owners have submitted an application for annexation to the Town of Mead. 2009-2940 PL0824 ID/to in VIOLATIONS - ZCV #0900162 - JOHN AND MICAH SILVA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of November, A.D., 2009. BOARD OF C t4NTY COMMISSIONERS % WELD Cf�� OLORADO pLD ATTEST: Weld County Clerk to BY Deputy Cler APPROVED AS TO FORM: County Attorn Date of signature David E. Long William F. Garciahair /�' DouglarKadema er, Pro-Tem Sean P. Conway MAL! ALA_ Bar ara Kirkmeyer 0: 2009-2940 PL0824 "olation Summary Rep rt BASIC INFORMATION SILVA JOHN L & MICAH J Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: 14170 CR 7 MEAD, CO 80542 Bethany Salzman ZCV09-00162 14170 CR 7 25588-C L1 EBERL AGRICULTURAL UNIT DIV SITUS: 14170 7 CR WELD Location North South East West East of and adjacent to CR 7 and North of Hwy 66 Eberl Subdivision and Agriculturally Zoned properties and Municipal boundaries of Mead Municipal boundaries of Mead Municipal boundaries of Mead and approximately 1/2 Mile West of 1-25 Municipal boundaries of Mead Parcel Number: 120722000032-R4761886 Acreage: 4.81 Certified Mail Date: 09/15/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.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. REMEDY As we have previously discussed in Weld County the operation of "Studio 7 -The Organic Salon" requires a Use by Special Review. While it is my understanding you are in the process of organizing an annexation application to submit to the Town of Mead, I do not believe the application has been completed and submitted to Mead. Once an application has been submitted, my violation case will go on -hold provided the annexation process is completed in a timely fashion. RECOMMENDATION The Department of Planning Services recommends that this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 06/01/2009 Complaint Validated 06/01/2009 LTTR: 5 Day Letter 08/13/2009 LTTR: Violation Notice 09/15/2009 LTTR: Hearing Notification OTHER CASE HISTORY 05/27/2009 Property Inspected 09/15/2009 E -Mail Sent Upon a visual inspection of the property, the following items were noted: Studio 7 - The Organic Studio sign out by the road. See picture dated 05/27/09 I sent an e-mail to Micah advising about the November Violation Hearings. 2009-2940 " lation Summary Rep rt 09/28/2009 Certified Mail Receipt Certified Receipt received - signed. 10/16/2009 Office Visit Pre -Application (PA09-114) meeting conducted at the Greeley Planning Office. 11/02/2009 E -Mail Received Received an e-mail from Micah stating that they are getting close to having a complete annexation application submitted to Mead. She asked Dan Dean (Town Administrator) to send a confirmation e-mail. MEMORANDUM WIiDc COLORADO TO: PA09-114; Case File, pre -application DATE: October 16, 2009 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre -Application Meeting prior to submitting USR for home business Attendees: Micah Silva, Applicant John Silva, Applicant Don Carroll, Public Works Lauren Light, Environmental Health (via phone) Chris Gathman, Planning Kris Ranslem, Planning On Friday, October 16, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed home salon business. (The legal description is Lot 1 of the Eberl Subdivision; Section 22, T3N, R68W of the 6th P.M.; Situs Address is 14170 CR 7) Background Information: The applicant has moved her salon business to an out building of her residence. The site is approximately 5 acres and is zoned agricultural. There are no employees; however she contracts with 1 or 2 hair stylists. Hours of operation are three days a week (Tuesday, Wednesday, Thursday) from 10 am to 6 pm. There are up to 10 clients per day. Health Department Water is provided by Longs Peak Water. A septic system was installed in 1974 (G-19740451) which was sized for a 3 bedroom home. An engineer will need to evaluate the system for adequacy. Please visit the Health Department's website for a list of engineers (http://www.co.weld.co.us/redesign/Health/EnvironmentalHealth/SepticSystems/index.html) Public Works CR 7 is classified as a collector road with 80 foot of right-of-way. Mead has jurisdiction of CR 7. A Site Plan identifying the parking design for circulation as well as drainage arrows will need to be provided. No Drainage Report is required; however the applicant shall provide a short description of the historic stormwater flows across the property and how their application will affect those flows. The description shall include but not be limited to: 1) where the water originates if it flows onto the property from an offsite source, 2) where it flows to as it leaves the property, 3) the direction of flow across the property, and 4) if there have been previous drainage problems with the property. The application shall also provide flow arrows on the map showing where the stormwater starts, how it goes across the property, and where it leaves the property. The applicant will still be responsible for providing a water quality feature that conforms to the methodology outlined in Volume 3, Section 4.4.2 of the Urban Storm Drainage Criteria manual. For further guidance, visit with Clay Kimmi at 970-304-6496 ext. 3741. No Traffic Study is required. No Geotechnical Report is required. The site is not located in a floodplain. The applicants indicated that the parking area is graveled. Staff suggested providing a handicap accessible parking space consisting of recycled asphalt or concrete. Planning Department Staff informed the applicants that they will need to apply for a Change of Use Building Permit for the out building. It appears it may have been permitted under an ag exempt building. Included in the building permit fee are additional fees, such as Road Impact fee, stormwater drainage fee, and capital expansion fee. For an estimation of fees, contact the Building Department at 970- 353-6100 ext. 3540. In preliminary discussion with the building inspection department, it was indicated that given the size of the salon a double wall may not be required. Staff indicated that there may be a 2nd access required for emergency reasons. Staff encouraged the applicants to visit with the Town of Mead regarding possible annexation. Staff informed the applicants that in the agricultural zone district a 16 square foot sign is allowed. Therefore if the applicant is proposing any signs it should be included in the application. Staff informed the applicant that there is a violation hearing scheduled for this site on November 10, 2009. Staff asked the applicants to follow-up with Bethany Salzman, Zoning Compliance, for further guidance. Staff will need to make a determination if this application fits the classification of a home business. The application fee for a home business is $1200. Staff will follow-up with written correspondence. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Thursday 7:30 a.m. 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. The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. End memorandum. Bethany Salzman From: Sent: To: Subject: jlmj Ulmj7@msn.com] Monday, September 28, 2009 1:54 PM Bethany Salzman RE: Micah Silva Hello Bethany, Talked with my husband over the weekend and we would like to go ahead and take advantage of setting up a time to meet with Kim about what will be expected through weld cnty. Is it still available to do something at the firestone/Delcomino office? If it is <mon or thurs after 2:30, but if we have to go to greeley than fri after 12:30 will work. except for the 9th Stud Co --7 Santi M& ak,S%lva� 303-875-1781 From: bsalzman@co.weld.co.us To: jimj7@msn.com Date: Fri, 25 Sep 2009 14:36:15 -0600 Subject: RE: Micah Silva I am sorry, but any additional extensions would need to be granted by the Board of County Commissioners. Therefore, you or a representative will need to attend the hearing and request a certain amount of time from the Board. Staff will be requesting the Board to refer this case to the County Attorney's Office, but to delay legal action for a specific amount of time. Staff would support a reasonable delay of legal action request. If the property is brought into compliance within that time frame, the case will not warrant any further action on our part. What kind of a time line are you looking at? At the Violation Hearings, the Board determines a couple things: 1.) They determine if the violation is valid. 2.) if the violation is deemed valid, they refer the case to the County Attorney's Office and either grant a specific amount of time to delay legal action or they refer it for immediate legal action. If you have any other questions, please let me know. Thanks From: jlmj [mailto:jlmj7@msn.com] Sent: Friday, September 25, 2009 2:25 PM To: Bethany Salzman Subject: FW: Micah Silva Hello Bethany, wondering if you have rceived this e-mail M Sava 303 -.875 -1781 1 From: jlmj7@msn.com To: bsalzman@co.weld.co.us Subject: RE: Micah Silva Date: Wed, 23 Sep 2009 14:01:54 -0600 Bethany, Thank you for the heads up on that. I had a immediate death in the family and anticipated this to get to you 2 weeks ago. I also wanted to let you know that I am doing everything in my power to get the application handed into Mead. The only set back I have NOW, are the funds. Mead has required me to have a $5,000.00 check in hand when I submit my application and the $1,500 for the land survey. Work has been extremely slow for my husband and I. Is there anything anyone of us can do to postpone the hearing? Anything would be greatly appreciated. I don't know if we will get funding by November. If all else fails, What are we looking at for violation fees? Sava, ova, 303-875-1781 From: bsalzman@co.weld.co.us To: jlmj7@msn.com Date: Tue, 15 Sep 2009 16:05:20 -0600 Subject: RE: Micah Silva I wanted to give you a heads up before just sending my next letter. Well - I at least have some good news. I had intended on scheduling your Violation Hearing for our October Violation hearings, but they are full, so I need to push this out to the November Violation Hearings (11/10/09). If a complete annexation application is submitted to Mead prior to the hearing, I will cancel the hearing. I am sending a letter with the date, time and location of the hearing through Certified mail. Please be sure to ask Mead to notify me as soon as they have accepted your annexation application and are processing it. Thanks From: jlmj [mailto:jlmj7@msn.com] Sent: Monday, August 17, 2009 9:23 AM To: Bethany Salzman Subject: RE: Micah Silva Bethany, Okay, I have been trying to get all that is necessary for the application. With work kids and money it is takeing a little more time than expected. Thank you for your pactience Stuc .cr7 Or itch Scaon MfAxavSi ivou 303 -875 -1781 2 From: bsalzman@co.weld.co.us To: jimj7@msn.com CC: kogle@co.weld.co.us Date: Mon, 17 Aug 2009 07:40:06 -0600 Subject: RE: Micah Silva No, you are correct. I have spoken with Dan Dean (Town Administrator) and while I do understand you are working on submitting an annexation application to them, I need to ensure my violation case comes to some form of timely closure. The reason I sent the 30 day letter was to hopefully grant enough time for you to submit the annexation application to Mead. Once they receive an actual application, my violation case will go "on hold" pending a timely completion. I will then be working closely with Mead to ensure this result. Please don't hesitate to contact me with any further questions. From: jlmj [mailto:jlmj7@msn.com] Sent: Sunday, August 16, 2009 9:28 PM To: Bethany Salzman Subject: RE: Micah Silva Hello Bethany Last week I received another letter of compliance. I thought that Dan contacted Kim to let him know that "I am working with mead". Last you and Kim had told me is that you needed verification from Mead that we are working together! Is there other info that you are needing?? Studio -7 Org•ax.lckSc+2ovv: M i:oaly S ilva. 303-875 -1781 From: bsalzman@co.weld.co.us To: jimj7@msn.com Date: Fri, 5 Jun 2009 16:21:39 -0600 Subject: RE: Micah Silva I am sorry; please see the attachment or the following web address: http://www.co.weld.co.us/departments/planning/Planning/Procedural Guides6-15- 08/PreApplication°/020Request°/020(2).pdf Thanks and I again apologize for my error. From: jimj [mailto:jlmj7@msn.com] Sent: Friday, June 05, 2009 4:19 PM To: Bethany Salzman Subject: RE: Micah Silva I did not get an application with the letter that was sent. How can I obtain this? Stitdt=cr7 Orffav -Salon 3 MtcakStivw 303-875-1781 From: bsalzman@co.weld.co.us To: jlmj7@msn.com Date: Fri, 5 Jun 2009 16:10:49 -0600 Subject: RE: Micah Silva You would need to obtain a Use by Special Review (USR) permit. The first step in that process is the Pre -Application Request meeting. Please fill out the application I sent with my initial letter and fax, e-mail, send or drop it off and a meeting will be scheduled with you to discuss the USR process. You can use the questions and answers you provided me with as part of your brief narrative as required in the Pre -Application Request form. If you have any questions, please don't hesitate to ask.. Thanks From: jlmj [mailto:jlmj7@msn.com] Sent: Friday, June 05, 2009 12:45 PM To: Bethany Salzman Subject: RE: Micah Silva As of now 1. possibly 1-2 plus me 2.tue,wed,thur hours range between loam to 6pm 3.just moved to the outbuilding 4.na 5. There is no outside storage of materials 6.Customers range from 1 to 10 on the days stated 7.There are 2 sighns located on site(size of a realtor sighn) 8.The only vehicles on site are those of the customers which are parked no longer than 2hrs 9.There is no offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference or other hazard or nuisance noticeable Thank you M ath,Sakin/ 303-875-1781 From: bsalzman@co.weld.co.us To: jlmj7@msn.com Date: Fri, 5 Jun 2009 12:09:40 -0600 Subject: RE: Micah Silva I have a few questions for you in order to determine which application is needed: 1.) How many employees do you have? 2.) What are your hours of operation? 3.) What is the exact location of the business (for instance, is it located within a room in the home or is it located in the garage or an outbuilding?) 4 4.) If it is located within the home, what are the dimensions of the room in which the business is conducted? 5.) Is there outside storage of materials or equipment? 6.) How many customers are expected to visit the site per day or per week? 7.) What kind of advertising for the business is there at the site, including signs, the name or logo on trucks or company cars, etc.? 8.) How many and what type of vehicles associated with the business will be parked on the site? 9.) Is there any offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference or other hazard or nuisance noticeable outside of the home of the business or off the Lot (if the business is conducted within a garage or outbuilding)? Thank -you From: jlmj [mailto:jlmj7@msn.com] Sent: Friday, June 05, 2009 10:53 AM To: Bethany Salzman Subject: Micah Silva Bethany Salzman, I am complying to the letter I received and I want to know what actions I need to take. Not knowing if this is simply paper work or to change zoning on my property. PC:ZVC09-00162 Mu SLIia 303-875-1781 s Wi�YC 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 September 15, 2009 SILVA JOHN L & MICAH J 14170 CR 7 MEAD, CO 80542 Case:ZCV09-00162 Legal Description: 25588-C L1 EBERL AGRICULTURAL UNIT DIV SITUS: 14170 7 CR WELD Dear SILVA JOHN L & MICAH J: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 11/10/2009 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. 23-3-40 Uses by special review 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. To bring your property into compliance with the Weld County Code: As we have previously discussed in Weld County the operation of "Studio 7 - The Organic Salon" requires a Use by Special Review. While it is my understanding you are in the process of organizing an annexation application to submit to the Town of Mead, I do not believe the application has been completed and submitted to Mead. Once an application has been submitted, my violation case will go on -hold provided the annexation process is completed in a timely fashion. (41'44 11111De 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 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, Bethany Salzrn Zoning Compliance Officer II pc: ZCV09-00162 m O HR ir- Ln 7005 1160 0001 ItS. Postal Service,. .CERTIFIED MAIL, flECEIPT (Domestic Mail Only; No Insurance Coverage Provided) - Tar delivery Infomuttlon visanur website at.www.uspssome Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ Postmark Here Sent to t\ VO 4' *'r f c1C.ki.h r, rreet. Apt. Na.: °O Ror No 4v Its (1-- i SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: )I \ VG -1 Nit Chi tomsI -+a a tiv_ex, COMPLETE THIS SECTION ON DELIVERY A. Sig X y LAS- O Agent O Addressee Ba eceived by Printe# Na e) C. t of rI) S,,��((t�1� /D IsfErysr�4rdrFYOSybt Yes If YES, eneR:Eared&EF v: O No SEP 2 R 711n9 R6 ECM/ED . Service pe XCertified Mail ❑ Registered ❑ Insured Mail 'very ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7005 1160 0001 4539 4103 Domestic Return Receipt 102595-02-M-1540 Page 1 of 1 Kim Ogle From: Dan Dean [ddean@townofmeadorg] Sent: Monday, June 22, 2009 4:11 PM To: Kim Ogle Subject: Silva Property Kim, I received a call earlier today from Micah Silva regarding their 5 acre parcel on 3rd Street (1A/CR 7). She and her husband have set up a meeting to talk to the Town about annexing their property into the Town of Mead. She asked me to let you know that we had that conversation. Please let me know if you have any issues I need to be aware of. Thanks, Dan Dean Town Manager Town of Mead PO Box 626 Mead, CO 80542 (970) 535-4477 6/23/2009 44ra COLORADO August 13, 2009 SILVA JOHN L & MICAH J 14170 CR 7 MEAD, CO 80542 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance OfficerlI 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.caus Case: ZCV09-00162 Legal Description: 25588-C L1 EBERL AGRICULTURAL UNIT DIV SITUS: 14170 7 CR WELD Dear: SILVA JOHN L & MICAH J : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.0 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. To bring your property into compliance with the Weld County Code: As we have previously discussed in Weld County the operation of "Studio 7 - The Organic Salon" requires a Use by Special Review. It is my understanding you are in the process of organizing an annexation application to submit to the Town of Mead. Once an application has been submitted, my violation case will go on -hold provided the annexation process is completed in a timely fashion. 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 09/14/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Page 1 of 2 Wi�DG 0401; COLORADO Sincerely, Bethany Salzman Zoning Compliance Officer II pc: ZCV09-00162 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I I 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us Page 2 of 2 Page 1 of 2 Bethany Salzman From: Dan Dean [ddean@townofinead.org] Sent: Thursday, July 23, 2009 10:27 AM To: Bethany Salzman Subject: RE: Silva Property Ms. Salzman, The Silva's met with Gary West and myself. We walked them through the process to annex into town and provided them with all of the forms. It is my belief that they are completing the forms and securing the information (survey, legal description, title work, etc.) to submit the application. The complaint was likely referred to you by our code enforcement officer, Dean Land. I will share your email with him. Please email or call if you have more questions. Darr':}gran Town Manager Town of Mood PO Box 626 Mead, CO 80542 (970)535-4477 From: Bethany Salzman [mailto:bsalzman@co.weld.co.us] Sent: Wednesday, July 22, 2009 9:07 AM To: ddean@townofinead.org Subject: FW: Silva Property Sorry, I meant to call you Monday, but I didn't get it done... What is the status on the below mentioned Silva case? Also... You submitted a complaint against the property at 14200 CR 7 for weeds and derelict vehicles. To me it looks like they have address all of your concerns, but I just wanted to double check with you before closing my violation case. Thanks Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 (970)353-6100 Ext. 3555 (office) (970)304-6498 (fax) bsalzm an@co weld co os. From: Dan Dean [mailto:ddean@townofinead.org] Sent: Monday, June 22, 2009 4:11 PM To: Kim Ogle Subject: Silva Property Kim, 8/6/2009 Page 2 of 2 I received a call earlier today from Micah Silva regarding their 5 acre parcel on 3rd Street (WCR 7). She and her husband have set up a meeting to talk to the Town about annexing their property into the Town of Mead. She asked me to let you know that we had that conversation. Please let me know if you have any issues I need to be aware of. Thanks, Dan Dean Town Manager Town of Mead PO Box 626 Mead, CO 80542 (970) 535-4477 8/6/2009 Page 1 of 2 Bethany Salzman From: jlmj (jlmj7@msn.com] Sent: Friday, June 05, 2009 12:45 PM To: Bethany Salzman Subject: RE: Micah Silva As of now 1. possibly 1-2 plus me 2.tue,wed,thur hours range between 10am to 6pm 3.just moved to the outbuilding 4.na S. There is no outside storage of materials 6.Customers range from 1 to 10 on the days stated 7.There are 2 sighns located on site(size of a realtor sighn) 8.The only vehicles on site are those of the customers which are parked no longer than 2hrs 9.There is no offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference or other hazard or nuisance noticeable Thank you M i.c;ah S t Lva' 303 -875 -1781 From: bsalzman@co.weld.co.us To: jlmj7@msn.com Date: Fri, 5 Jun 2009 12:09:40 -0600 Subject: RE: Micah Silva I have a few questions for you in order to determine which application is needed: 1.) How many employees do you have? 2.) What are your hours of operation? 3.) What is the exact location of the business (for instance, is it located within a room in the home or is it located in the garage or an outbuilding?) 4.) If it is located within the home, what are the dimensions of the room in which the business is conducted? 5.) Is there outside storage of materials or equipment? 6.) How many customers are expected to visit the site per day or per week? 7.) What kind of advertising for the business is there at the site, including signs, the name or logo on trucks or company cars, etc.? 8.) How many and what type of vehicles associated with the business will be parked on the site? 6/5/2009 Page 2 of 2 9.) Is there any offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference or other hazard or nuisance noticeable outside of the home of the business or off the Lot (if the business is conducted within a garage or outbuilding)? Thank -you From: jlmj [mailto:jlmj7@msn.com] Sent: Friday, June 05, 2009 10:53 AM To: Bethany Salzman Subject: Micah Silva Bethany Salzman, I am complying to the letter I received and I want to know what actions I need to take. Not knowing if this is simply paper work or to change zoning on my property. PC:ZVC09-00162 ?4icah'StZva, 303-875-1781 6/5/2009 20v10 t L'Z S r l 7r'/(_,, 61 4Lti 5 prival xf46uI48Sl�018a600WIO E36145m2q=uHl5Q68b8012e7 8MT90+8} 8Mz Cik16x9XIi_z0`J�[EbxbxE .g I'd 5bCb-CFC-nip PATIO URnTH Identify Results Page i of WELD COUNTY ASSESSOR PROPERTY PROFILE Account*: R4761886 Tax Area: 2325 Bordering County: Acres: 5.01 Township Range Section Quart. Sec. 33-68-22-0 Owners Name & Address: >ILVA JOHN L & 14170 CR 7 HEAD, CO 80542 Additional Owners: SILVA MICAH J Business/Complex: Sale Date Sale Price $0 Parcel*: 120722000032 Subdivison Name Block* Lots EBERL AGRICULTURAL UNIT DEVELOPMENT - - 1 Property Address: Street: 14170 7 CF: City: WELD Sales Summary Deed Type Reception it Legal Description Land Type Residential Land Subtotal: Bldg* 25588-C Ll EBERL AGRICULTURAL UNIT DIV SITUS: 14170 7 CR WELD Abst Code 1112 Property Type Residential Improvements Subtotal: Land Valuation Summary Unit of Number of Measure Units Acres 5.01 5.01 Buildings Valuation Summary Actual Value $150,300 Actual Value $192,029 Total Property Value $342,329 Assessed Value $11,960 Assessed Value $15,290 $27,250 Building Details Account*: R4761886 Parcel*: 120722000032 Owners Name & Address: 'SILVA JOHN L & 14170 CR 7 MEAD, CO 80542 Building* 1 Built As: Exterior: Interior Finish: 2 Story Frame Masonry Veneer Drywall Property Address: Street: 14170 7 CR City: WELD Property Type Residential Individual Built As Detail Year Built: HVAC: Built As SQ Ft: 1977 Hot Water Baseboard 1794 http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=120722000032&acct--... 6/7/200S 7 • d .74.C.6-cec_n/ a PAT IC UPS tLI dCT :J T en on tint• LID Pr- ,y� \/l sy\' N� M H-9 kir E • d 9i'-SES-OL6 eAITS yeotW d9I:aI 60 60 unr o o2yYY)C(�j(,a h27) hiazi L& (La12x51[ L i' /'zo- ?/ 7? �' �S uC 77_J / J � ' 666973 al - - --& Lh&/ 712 1 hL, � ! „ `ti 611 G c) till s - z z�ir crf ,a &ci (L -- ....Loud/ he ���, ��i,;_ �j', ` / L, l-/�.L &"�) z�l ,; i C'g ID & - 4/2s,47fizzard9 ZZ l'1-a4SAn.c LCD ze___rU� !Lz eb 2,ZAc 7t�12er d 9fSb-SES-OL6 BATTS yeotW d9T=ZT 60 BO unr [dentify Results # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement Total SQ Ft 3 2 0 484 Roof Type: Roof Cover: Units: Detached SQ Ft 3,1Finished SQ Ft: j-hu I - 6LNLRRR _ A-1-6 = 1'}rictsJ \ - }3,.�,xszCl , tattl Hniti ��(Zti/ 720 Composition Shingle 0 0 0 [ Page 2 oft http:/ aps2.memck.corn/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=l20?22000032&acct=... 6/7/2909 •d 94S4-SES-01.6 BAT IS IJe3IW d/.T:PT an an unr Print: Form WELD COUNTY PRE -APPLICATION REVIEW REQUEST Submit by Email The pre -application request is the preliminary review of a land use proposal. Pre -application reviews are required prior to beginning the application process; however, this review is not an application. Pre -application reviews are held with the Weld County Departments of Public Woils and the Public Health and and Environment. Pre -Application reviews are held Thursday and Friday of any given week in the Greeley office. To be an the pre -submittal agenda, the request and required checklist kerns must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map c!elineating the property location, in addition to the other items listed. The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessors page and submit it with your pre -application rev iew request Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Micah Silva Phone: 303-875-1781 Fax: Email: jimj7@msn.com Address: 14170 County Rd 7 Project Description: At home Business Property Information: Section -Township - Range Mead Zoning Ag Parcel Number 18688&¢ I 92. el 2.;L,C,oc=S,7; Acreage 5.171 Site Address 14170 County Rd 7, Mead Co 60542 Water Source Longs Peak Legal Description Iigs t' L17Eberl Agri[uhural Unit Div Situs Sewer Septic Owner Name John and Micah Silva Is this property currently in violation? r Yes fl No Case Number Preferred date and time for meeting: Monday,Thursday,or Friday any Time Office Use Only Project Title: Description: Review Date: Meeting Date/Time: Greeley Office - 918 1De Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Weld County Department of Planning Services Longmont Office - 4209 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-352-4211 9194-SES-DL6 BAITS ueotu d/.r:77 on on unn 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@comeld.co.us June 01, 2009 SILVA JOHN L & MICAH J 14170 CR 7 MEAD, CO 80542 Case: ZCV09-00162 Legal Description: 25588-C L1 EBERL AGRICULTURAL UNIT DIV SITUS: 14170 7 CR WELD Dear SILVA JOHN L & MICAH J: 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: operation of "Studio 7 - The Organic Salon" requires Weld County Zoning Permits. The type of permit depends on the size of the operation, the number of employees, how big the salon is in size, in which building it operated inside, etc. Please call one of our On -Call Planners to discuss which application is necessary at 970-353-6100, Ext. 3540 and just ask for one of our On -Call Planners. 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. Sjpcerely, Bethany Salzman Zoning Compliance Officer II pc: ZCV09-00162 Page 1 of 1 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4761886 Parcel#: 120722000032 Tax Area: 2325 Bordering County: Acres: 5.01 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 03 - 68 - 22 - 0 EBERL AGRICULTURAL UNIT DEVELOPMENT - Owners Name & Address: SILVA JOHN L & 14170 CR 7 MEAD, CO 80542 Additional Owners: SILVA MICAH J Business/Complex: Sale Date Sale Price $0 Property Address: Street: 14170 7 CR City: WELD Sales Summary Deed Type Legal Description Reception # 25588-C Ll EBERL AGRICULTURAL UNIT DIV SITUS: 14170 7 CR WELD Land Type Residential Land Subtotal: Bldg# 1 Abst Code 1112 Property Type Residential Improvements Subtotal: Total Property Value Account#: R4761886 Owners Name & Address: SILVA JOHN L & 14170 CR 7 MEAD, CO 80542 Building# 1 Land Valuation Summary Unit of Number of Measure Units Acres 5.01 Actual Value 5.01 $150,300 Buildings Valuation Summary Actual Value $192,029 $342,329 Building Details Property Address: Street: 14170 7 CR City: WELD Property Type Residential Individual Built As Detail Assessed Value $11,960 Assessed Value $15,290 $27,250 Parcel#: 120722000032 http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=12072... 5/27/2009 Identify Results Page 2 of 2 Built As: 2 Story Exterior: Frame Masonry Veneer Interior Finish: Drywall # of Baths: 3 # of Bdrms: # of Stories: 2 Rooms: 0 Garage: Attached SQ Ft: Basement: Total SQ Ft: 484 720 Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 1977 Hot Water Baseboard 1794 Composition Shingle 0 0 0 http://maps2.merrick. com/ W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=12072... 5/27/2009 *PCft IliDe COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10'5 Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT StalfiName 0((b ❑ Citizen Other: IA HEALTH DEPARTMENT Citizen's Name (tID ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS / PEST & WEEDS Pending Case # (i.e. USR, RE, SE, ect...): C Date Complaint was received: t7'2:1 Legal Description: � EteXA 1" r11 .Ldkurn 4 USliik Violation Address: k4fla C -n Parcel #: obi &a-a-'Ct'"c)33, Property Owners Name: Sav; a‘AnL 6 Pt -1'k tc Phone: Property Owners Address: V A tata1l r Tenant's Name: :itud-I O 1 Phone: . —Si 5- t 1% Tenant's Address: NATURE OF COMPLAINT: lS t - 'Mt UL NO ne C , o iunn Additional Notes: Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit \VVVSA,SOS. Si atc.Co. uo and select Business Center. -Fred $10.00 Colorado Secretary of State Date and Time: 01/07/2009 09:06 PM ID Number: 14481014682 Document number: 20091016772 Amount Paid: $10.00 ABOVE SPACE FOR OFFICE USE ONLY Statement of Correction of Trade Name Information Correcting the Trade Name filed pursuant to 7-90-305 of the Colorado Revised Statutes (C.R.S.) 1. The entity ID number, if applicable, the trade name ID number, and the name of the person transacting business or conducting activities under the trade name are Entity ID number Id -applicable) Trade name ID number Name (Colorado Secretary of State ID number) 14481014682 (Colorado Secretary of State ID number) J. MICAH SILVA 2. The document number of the document that is corrected and the trade name as stated in the statement of trade name are Document number Trade name 20081022395 STUDIO 7 3. The statement of the trade name in the document identified above is incorrect. 4. Such trade name, as corrected, is Studio 7 Organics 5. (1/ applicable. adapt the following statement br marking the box and include an attachment.) ❑ This document contains additional information as provided by law. Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that such document is such individual's act and deed, or that such individual in good faith believes such document is the act and deed of the person on whose behalf such individual is causing such document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent documents and the organic statutes, and that such individual in good faith believes the facts stated in such document are true and such document complies with the requirements of that Part, the constituent documents, and the organic statutes. ('ORRECT_9DNM_NAME Page I of 2 Rev. 01/0 U2008 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is identified in this document as one who has caused it to be delivered. 6. The true name and mailing address of the individual causing this document to be delivered for filing are Silva Micah J 14170 BLastl ounty Rd 7 (First) (Middle) (Suffix) (Sweet number and name or Post Office Box information) Mead CO 80542 (City) Un(cl g)States (Zip/Postal Code) (Province - if applicable) (Country If not US) (If applicable. adopt the following statement br' marking the box and include an attachment.) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). CORRECT_TDNM_NAME Page 2 of 2 Rev. 01/01/2008 11111111 1111111 IIII I1111I11111 IlIII III 11111 IIII III 047 3025047 01/20/2003 10:28A Weld County, CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk & Recorder QUIT CLAIM DEED THIS DEED, Made this 30TH day of DECEMBER, 2002 between THOMAS R. KRESS of the County of Weld and State of Colorado, grantor,and JOHN L. SILVA and MICAH J. SILVA whose legal address is 14170 WELD COUNTY ROAD 7, MEAD, CO 80542 of the County of Weld and State of Colorado, grantees: WITNESBITH, That the grantor(s) for and in consideration of the sum of ONE AND 00/100, ($1.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by thus presents dose raise, release, sell and QUIT CLAIM unto the grantees , their heirs, successors and assigns forever, not in tenancy in common, but in joint tenancy, all right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot 1, Eberl Agricultural Unit Development, According to the recorded Plat thereof, County of Weld, State of Colorado. also known by street and number as 14170 Weld County Rd., Mead, CO 80542 TO NAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantees, their heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS MOORED!, the grantor executed thief deed on the dm se forth above. THOMAS R. RREBS STATE OP COLORADO, County of Weld by THOMAS R. HREBS No.962. Rev. se. The foregoing tnetrument was acknowledged before me this 30TH day of DECEMBER, 2002, Witness my hand and official seal. �I My commission expires Q a li �n Z J dovARY PUBLIC 916 17TH AVENUE LONGMONT, COLORADO 80501 F tter Recording Return 1 o: AT "e.,, n.. aeon\ 'Er-LONGMONT 002 1 11110 11111 1111111 III 11111 IIIII 1111111 III 2987174 09/12/2002 03.35P Weld County, CO 1 of 2 R 11 00 0 000 J.A. "Suki" Tsukamoto 174 Recorded the day of Reception a Recorder at by o'clock QUIT CLAIM DEED THIS DEED, Wade this day of !1 ^ // — a a - between THOMAS RICHARD KREBS Grantor. for the consideration of en TEN DOLLARS AND OTHER ROM AND VALUABLE CONSIDERATION aaa in hand paid, hereby sells end talitCielma to JOHN L. SILVA AND MICAH J. SILVA Grantee, l not in tens -fcl gcceaRnn, but in Dint t nant whose street address is City of �k"tfA 1 Lan�f Df t+ , State of Colorado , the following real property in the , County of HELD , and State of Colorado, to wit: SEE EERIEST "A" ATTACH HERETO also known Si street and number TOGETHER with all its appurtenances. The singular number shall include the plural, the plural the singular. end the use of any gender shell be applicable to all genders. Signed as of the day end year first above written. THOMAS RICXARD REIMS State of Colorado county of ,ejakilerL, The foregoing Instruent was acknowledged before me this day of by THOMAS RICHARD USES Witness ey sans and official seal. My commission expires My Commission Expires March 6, 2006 Notary Public Wen recorded return to: RHONDA C. HERRMAN NOTARY PUBLIC. STATE OF COLORADO Form Re. QOJT (Quit Clain Deed Joint Tenants - 2/97) MT0 5` 1111111111111111111 III IIIII 111111111111 III 11111 IIII IIII 2987174 09/12/2002 03:35P Weld County, CO 2 of 2 R 11 00 0 0.00 J.A. "Suki" Tsukamoto LEGAL DESCRIPTION 25588-C L1 EBERAL AGICULTURAL UNIT DIV %14170 WCR7% SITUS: 14170 CR WELD Hello