HomeMy WebLinkAbout20092945.tiffRESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
ZCV#0900274 AGAINST THOMAS AND ELISABETH SCHMERGE 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, Thomas and Elisabeth Schmerge, ZCV #0900274, 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, Thomas and Elisabeth Schmerge, property owners, were present at said
hearing, and
WHEREAS, the Board of County Commissioners determined the property was in
compliance and deemed it advisable to dismiss said matter, with the determinations that the
screening for the noncommercial junkyard is deemed to be appropriate, the berming on the south
side of the property provides sufficient screening, and the flatbed trucks are for personal use.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that VI #0900274 be, and hereby is, dismissed due to the property being in
compliance with Weld County Code, with the determinations that the screening for the
noncommercial junkyard is deemed to be appropriate, the berming on the south side of the
property provides sufficient screening, and the flatbed trucks are for personal use.
2009-2945
PL0824
/4O/9
VIOLATIONS - ZCV #0900274 - THOMAS AND ELISABETH SCHMERGE
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 COUNTY COMMISSIONERS
WELD Cta , !LORADO
ATTEST:
i iam F. Garcia,
Weld County Clerk to the
Java
ougla ademacher, Pro -Tern
BY
Deputy Cle
the Board
Sean P. Conway
APPROVED AS TQ FORM:
>'- 2
County Attorney
Date of signature.
2009-2945
PL0824
Violation Summary Report
BASIC INFORMATION
SCHMERGE THOMAS P & ELISABETH 7754 CR 60 WINDSOR, CO 80550
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
Ann Siron
ZCV09-00274
7754 CR 60
22538 4A IN NE4 8 5 67 BEG 600'W OF NE COR SEC W1000' S367'
SELY 126' M/L TO PT ON W LN OF GW R/W NELY ALONG W LN OF
R/W TO BEG (LORY DUMP) SITUS: 7754 60 CR WELD 80550
Location
North
South
East
West
South of and adjacent to CR 60 and directly West of CR
17
Agriculture
Agriculture and Windsong Subdivision
Agriculture and Windsor City Limits
Agriculture
Parcel Number: 095708000027-R1605386 Acreage: 5.45
Certified Mail Date: 10/08/2009
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.
23-3-30.1 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.G JUNKYARDS or salvage YARDS.
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 vehicles, 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 does not include implements of
husbandry, farm tractors or vehicles customarily operated in a FARMING operation.
COMMERCIAL JUNKYARD: An open or enclosed area where any waste, JUNK or used
or secondhand materials are bought, sold, exchanged, stored, baled, packed, 2009-2945
Violation Summary Report
disassembled or handled, including, but not limited, to scrap iron and other metals, paper,
rags, rubber tires and bottles. A COMMERCIAL JUNKYARD also includes the storage or
keeping of DERELICT VEHICLES.
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.
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 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.
REMEDY
AS DISCUSSED DURING A PHONE CONVERSATION ON OCTOBER 7, 2009 THIS CASE IS
BEING SCHEDULED, AS REQUESTED, TO BE HEARD IN FRONT OF THE BOARD OF COUNTY
COMMISSIONERS. PLANNING'S RECOMMENDATION IS THAT THE NONCOMMERCIAL
JUNKYARD CONSISTING OF DERELICT VEHICLES, TIRES AND AUTOMOBILE PARTS BE
COMPLETELY SCREENED FROM ALL FOUR SIDES. THE COMMERCIAL VEHICLES (TOW
TRUCKS) SHALL BE REDUCED TO ONE.
PLEASE PROVIDE REGISTRATION FOR THE TOW TRUCKS AT TIME OF THE HEARINGS. IT
WAS ALSO STATED THAT AUTOMOBILE PARTS ARE NOT BEING SOLD OFF OF THE
VEHICLES, AS THIS WOULD CATEGORIZE THE ACTIVITY AS A COMMERCIAL SALVAGE YARD
WHICH WOULD REQUIRE A USE BY SPECIAL REVIEW PERMIT. SHOULD THIS BE THE CASE A
PERMIT SHALL BE OBTAINED OR THE VEHICLES/PARTS REMOVED AND COMMERCIAL
ACTIVITIES SHALL CEASE.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office but delay legal action for 60 days.
LETTER HISTORY
09/10/2009
09/10/2009
10/08/2009
Complaint Validated
LTTR: 5 Day Letter
LTTR: Hearing Notification
OTHER CASE HISTORY
09/09/2009 Property Inspected
09/29/2009 Property Inspected
UPON A VISUAL INSPECTION OF THE PROPERTY
THE FOLLOWING ITEMS WERE NOTED: TIRES,
DERELICT VEHICLES, TWO TOW TRUCKS.
PICTURES WERE TAKEN
UPON AN ON -SITE INSPECTION WITH THE
PROPERTY THE FOLLOWING ITEMS WERE NOTED:
MR. SHMERGE SHOWED ME THE AREA WHERE
THE VEHICLES WERE. THERE WERE ROUGHLY 20+
DERELICT CARS. THEY WERE SCREENED FROM
THE NORTH AND EAST SIDES BY EITHER FENCING
Violation Summary Report
10/07/2009 Phone Call
10/07/2009 Phone Call
10/12/2009 Phone Call
OR BUILDINGS. THE SOUTH SIDE WAS NOT
SCREENED AS HE SAID THERE WAS A VIOLATION
OVER 20 YEARS AGO AND THE CONCLUSION OF
THAT WAS SINCE THE BERM WAS BACK THERE,
SCREENING WOULD NOT HELP AS THOSE HOMES
WOULD BE LOOKING DOWN INTO THE SCREENED
AREA NO MATTER WHAT SO HE DID NOT HAVE TO
SCREEN. HE SAID HE DOES NOT SELL THE PARTS
ON EBAY, HE DOES NOT HAVE ANY PEOPLE OUT
FOR SALVAGE. HE DOES HAVE TWO TOW TRUCKS
THAT HAVE "NOT FOR HIRE" ON THE SIDES. I
EXPLAINED TO HIM THAT IF WE WENT STRICTLY
BY THE BOOK HE WOULD NEED TO COMPLETE
SCREENING ON THE SOUTH AND WEST SIDES OF
THE PROPERTY AND ALL DERELICT VEHICLES
WOULD NEED TO BE IN THAT SCREENED AREA.
ADDITIONALLY SINCE THE TOW TRUCKS ARE
CONSIDERED COMMERCIAL VEHICLES BY
DEFINITION HE WOULD NEED TO REDUCE THOSE
TO ONE. I TOLD HIM IF HE WERE LOOKING FOR
ANY EXCEPTIONS FROM THE CODE HE WOULD
NEED TO ATTEND A VIOLATION HEARING AND
HAVE THE BOARD MAKE THAT DECISION. I TOLD
HIM I WOULD FIRST TAKE THE CASE TO STAFF
THEN WOULD CALL HIM AND LET HIM KNOW THE
OUTCOME.
I CALLED MR. SCHMERGE TO CONFIRM THAT
STAFF"S FINAL RECOMMENDATION WAS AS I
STATED DURING THE SITE VISIT. HE SAID THAT HE
WOULD WANT TO ATTEND A HEARING THEN TO
PRESENT HIS OWN CASE TO THE BOARD. I TOLD
HIM I WOULD SCHEDULE HIM INTO NOVEMBER"S
HEARINGS AND THAT WITH THE NEIGHBOR
COMPLAINTS IT WOULD PROBABLY BE BEST TO
HAVE A BOARD RESOLUTION STATING WHAT HIS
USES WERE ON THE PROPERTY.
COMPLAINTANT CAME INTO THE OFFICE WHILE I
WAS AWAY AT LUNCH. I GAVE HER A CALL WHEN I
RETURNED AND SHE ASKED FOR AN UPDATE ON
THE CASE. I EXPLAINED TO HER I HAD SPOKEN TO
THE PROPERTY OWNER EARLIER AND THE CASE
WAS GOING TO BE SCHEDULED FOR A VIOLATION
HEARING ON NOVEMBER 10TH AT 10:00. IT WAS A
PUBLIC HEARING AND ANY COMPLAINTANTS WERE
WELCOME TO ATTEND. SHE SAID SHE WOULD
NOTIFY OTHERS AND SOMEONE WOULD BE IN
ATTENDANCE. SHE ALSO SAID THERE WERE
BUILDING CONCERNS. I LOOKED THE ISSUE UP IN
OUR RECORDS AND HE DID HAVE AN EXTENSION
ON HIS BUILDING PERMIT WHICH WAS SET TO
EXPIRE ON NOVEMBER 8, 2009.
RECEIVED A PHONE CALL FROM TOM SCHMERGE.
HE WAS UPSET BECAUSE THE LETTER STATED HE
WAS IN FACT IN VIOLATION. I EXPLAINED IT WAS
THE SAME PROCESS I HAD ALREADY TALKED HIM
THROUGH AND THAT HE WAS, IN FACT,
TECHNICALLY IN VIOLATION. TOW TRUCKS ARE
SPECIFICALLY CALLED OUT AND DEFINED AS
COMMERCIAL VEHICLES, HE HAS THE ABILITY TO
PRESENT HIS CASE THAT HE HAS "NOT FOR HIRE"
ON THE SIDE AND THEY ARE BEING USED
PERSONALLY. HE SAID HE HAS A TRUCK THAT HE
DID HAVE SOME PARTS HE WANTED TO PUT ON
Violation Summary Report
EBAY BUT HE WANTED TO BE SURE HE WAS IN
COMPLIANCE AND IF THAT WOULD BE OKAY. I
TOLD HIM RIGHT NOW, THE COMPLAINT IS THAT
HE IS IN FACT USING THE VEHICLES AS PROFIT
AND SELLING THE PARTS OUT SO MY
RECOMMENDATION WOULD BE NOT TO AS THIS
WOULD REFLECT A COMMERCIAL BUSINESS AND
THAT THE VIOLATION HEARING WAS PUBLIC SO
COMPLAINANTS WERE FREE TO ATTEND AND
BRING ANY EVIDENCE TO SUPPORT THEIR OWN
CASES. HE SAID HE WAS GOING TO PULL THE AD
IMMEDIATELY AND ATTEND THE BOARD HEARING.
Ann Siron
From:
Sent:
To:
Subject:
Ann Siron
Friday, October 09, 2009 3:43 PM
'tom schmerge@Ipbroadband.net'
commercial vehicle definition
Tom, here is the definition of commercial vehicle as you have requested. Please let me know if there is anything
else I can assist with:
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 -tractors and trailers, dump trucks,
construction equipment and tow trucks. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the
condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the use is allowed through the zone
district.
If you would like to view these definitions directly from the Code you may locate this information online at
http://colocode.com/weld.html.
Chapter 23 (Zoning) at the beginning of it they should list all pertinent definitions.
Regards,
Ann Siron
Zoning Compliance Officer
Weld County Planning Department
918 10th Street
Greeley, CO 80631
Phone: (970) 353-6100 Ext. 3566
Fax: (970) 304-6498
October 08, 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
SCHMERGE THOMAS P & ELISABETH
7754 CR 60
WINDSOR, CO 80550
Case: ZCV09-00274
Legal Description:
22538 4A IN NE4 8 5 67 BEG 600'W OF NE COR SEC W1000' S367' SELY 126' M/L TO PT ON W LN OF
GW R/W NELY ALONG W LN OF R/W TO BEG (LORY DUMP) SITUS: 7754 60 CR WELD 80550
Dear SCHMERGE THOMAS P & ELISABETH:
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.
23-3-30.1 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.G JUNKYARDS or salvage YARDS.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
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
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 vehicles, 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 does not include implements of husbandry, farm tractors
or vehicles customarily operated in a FARMING operation.
COMMERCIAL JUNKYARD: An open or enclosed area where any waste, JUNK or used or
secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or
handled, including, but not limited, to scrap iron and other metals, paper, rags, rubber tires
and bottles. A COMMERCIAL JUNKYARD also includes the storage or keeping of
DERELICT VEHICLES.
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 tenants 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.
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 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:
AS DISCUSSED DURING A PHONE CONVERSATION ON OCTOBER 7, 2009 THIS CASE I:
BEING SCHEDULED, AS REQUESTED, TO BE HEARD IN FRONT OF THE BOARD OF
COUNTY COMMISSIONERS. PLANNING'S RECOMMENDATION IS THAT THE
NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, TIRES AND
AUTOMOBILE PARTS BE COMPLETELY SCREENED FROM ALL FOUR SIDES. THE
COMMERCIAL VEHICLES (TOW TRUCKS) SHALL BE REDUCED TO ONE.
Page 2 of 3
*01*
VIiDc
COLO
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
PLEASE PROVIDE REGISTRATION FOR THE TOW TRUCKS AT TIME OF THE
HEARINGS. IT WAS ALSO STATED THAT AUTOMOBILE PARTS ARE NOT BEING SOLD
OFF OF THE VEHICLES, AS THIS WOULD CATEGORIZE THE ACTIVITY AS A
COMMERCIAL SALVAGE YARD WHICH WOULD REQUIRE A USE BY SPECIAL REVIEW
PERMIT. SHOULD THIS BE THE CASE A PERMIT SHALL BE OBTAINED OR THE
VEHICLES/PARTS REMOVED AND COMMERCIAL ACTIVITIES SHALL CEASE.
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 • Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Zoning Compliance • Print your name and address on the reverse
pc: ZCV09-0027 so that we can return the card to you.
IN Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
MOMS - Elisabeth Shine
11syCRe. Lb
l�inclsor1 CO 1(p55o
2. Article Number
(Transfer from service label)
PS Form 3811, February 2004
7005 1160 0001 4539 3854
D. Is ti iewitffirrtcAram item 1? O Yes
If YES, enter deliveryaddress below: O No
OCT ' 3?mq
ice Type
Certified Mail ❑ Express Mail
Registered ❑ Return Receipt for Merchandise
O Insured Mail O C.O.D.
4. Restricted Delivery? (Extra Fee)
Domestic Retum Receipt
102595-02-M-1540
Page 3 of 3
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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
September 10, 2009
SCHMERGE THOMAS P & ELISABETH
7754 CR 60
WINDSOR, CO 80550
Case: ZCV09-00274
Legal Description: 22538 4A IN NE4 8 5 67 BEG 600W OF NE COR SEC W1000' S367' SELY 126' M/L
TO PT ON W LN OF GW R/W NELY ALONG W LN OF R/W TO BEG (LORY DUMP)
SITUS: 7754 60 CR WELD 80550
Dear SCHMERGE THOMAS P & ELISABETH:
It has come to the attention of the Department of Planning Services staff that the uses on your property may
not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the
Weld County Code are as follow:
THE PRESENCE OF DERELICT VEHICLES, AUTOMOBILE PARTS AND TOW TRUCKS.
POSSIBLY A COMMERCIAL JUNKYARD WITHOUT A USE BY SPECIAL REVIEW (USR)
PERMIT.
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.
COMMERCIAL JUNKYARD: An open or enclosed area where any waste, JUNK or used or
secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled
or handled, including, but not limited, to scrap iron and other metals, paper, rags, rubber
tires and bottles. A COMMERCIAL JUNKYARD also includes the storage or keeping of
DERELICT VEHICLES.
Page 1 of 2
6krvi
hiDe
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
Please contact me within five working days of the date of this letter to review these concerns with me. Feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with
you.
Sincerely,
Ann Siron
Zoning Compliance Officer
pc: ZCV09-00274
Page 1 of 2
WliDc.
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: ZU _en ,2.744
ZONING CODE COMPLAINT 0 Staff/Name Citizen ❑ Other O
HEALTH DEPARTMENT
❑ WELD COUNTY SHERIFF'S OFFICE/ ANIMAL CONTROL
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS / PEST & WEEDS
Pending Case # (i.e. USR, RE, SE, ect...):
Legal Description:
Violation Address:
Citizen's Name (If known)_
Phone Number (II known]'.
Date Complaint was received: 41—g— Og
-5-60-1 Parcel JIA6
-715 1 g(lIZ Con Raid-7645a,,cc 2os5
Property Owners Name: ( %7o n -n 9 ( (Cdc >/-4 SaAntoce Phone:
Property Owners Address:
Tenant's Name: _
Tenant's Address:
NATURE
Phone:
OF _ COMPLAINT:
Additional
Notes:
Identify Results Page 1 of 3
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1605386 Parcel#: 095708000027
Tax Area: 0429 Bordering County:
Acres: 4
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
05 - 67 - 08 - 0
Owners Name & Address:
SCHMERGE THOMAS P &
7754 CR 60
WINDSOR, CO 80550
Additional Owners:
SCHMERGE ELISABETH M
Business/Complex:
Sale Date
8/23/1985
Sale Price
$20,000
Property Address:
Street: 7754 60 CR
City: WELD
Sales Summary
Deed Type
Legal Description
Reception #
X0003806
22538 4A IN NE4 8 5 67 BEG 600'W OF NE COR SEC W1000' 5367' SELY 126' M/L TO PT ON W LN OF GW R/W NELY ALONG W
LN OF R/W TO BEG (LORY DUMP) SITUS: 7754 60 CR WELD 80550
Land Type
Residential
Land Subtotal:
Abst Code
1112
Bldg# Property Type
1
2
3
Residential
Out Building
Residential
Improvements Subtotal:
Total Property Value
Land Valuation Summary
Unit of
Measure
Acres
Number of
Units
4
4
Buildings Valuation Summary
Building Details
Actual Value
$112,000
Actual Value
Assessed
Value
$8,920
Assessed
Value
$403,434 $32,110
$515,434 $41,030
Account#: R1605386 Parcel#: 095708000027
Owners Name & Address:
SCHMERGE THOMAS P &
7754 CR 60
WINDSOR, CO 80550
Building#
1
Property Type
Residential
Property Address:
Street: 7754 60 CR
City: WELD
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09570... 8/31/2009
Identify Results Page 2 of 3
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Ranch 1 Story
Frame Hardboard
Drywall
1
2
1
0
0
0
Individual Built As Detail
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
1987
Forced Air
1274
Composition Shingle
Units: 0
Detached SQ Ft: 1092
Finished SQ Ft: 0
Account#: R1605386 Parcel#: 095708000027
Owners Name & Address:
SCHMERGE THOMAS P &
7754 CR 60
WINDSOR, CO 80550
Building#
2
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Property Address:
Street: 7754 60 CR
City: WELD
Property Type
Out Building
Individual Built As Detail
Shed - Utility Year Built:
HVAC:
0
0
0
Built As SQ Ft:
Roof Type:
Roof Cover:
1992
None
1000
Units: 0
Detached SQ Ft:
Finished SQ Ft:
Account#: R1605386 Parcel#: 095708000027
Owners Name & Address:
SCHMERGE THOMAS P &
7754 CR 60
WINDSOR, CO 80550
Building#
3
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
2 Story
Frame Hardboard
Drywall
4
3
2
0
Property Address:
Street: 7754 60 CR
City: WELD
Property Type
Residential
Individual Built As Detail
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
1971
Forced Air
3194
Gable
Composition Shingle
Units: 0
1120 Detached SQ Ft: 0
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09570... 8/31/2009
Identify Results Page 3 of 3
Basement:
Total SQ Ft:
1034 Finished SQ Ft: 914
http://maps2.merrick.com/Website/Weld/setSgl.asp?curd=QUERY&DET=PP&pin=09570... g/31/2009
Identify Results Page 1 of l
Parcel Summary
Parcel#: 095708000027
Owner: SCHMERGE THOMAS P &
Address: 7754 CR 60
City: WINDSOR
State: CO
Zip Code: 80550
Account#:R1605386
Additional Owners on this Parcel
SCHMERGE ELISABETH M
Detail Information:
1 1�
ALD ING
SUFFER PARCEL
ThDt:4o !Sim -G
Nevi
http://maps2.merrick.com/Website/Weld/setSQL.asp?Name=W eldshp&par l =0957080000... 8/31/2009
i idlll11111Illlll111111111111111111111III111111111111�
2601630 04/21/1908 10:39R Nold County CD
1 of 3 R 16.00 D 34.11 JR Suki Twkomote
Warranty Deed
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the
'property") from the individual(s), corporation(s), partnership(s), or othercntlty(ies) named below as GRANTOR to the individual(s)
or entity(ies) named below as GRANTEE
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except
for (I) the lien of the general property taxes for the year of this deed, which the GRANTEE will pay (2) any easements and rights -o6
way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any
protective covenants and restrictions shown of record (6) any additional matters shown below under 'Additional Warranty Exceptions',
and (7) subject to building and zoning regulations.
D.F.
$34.11 The Specific Terms of This Deed An:
Grantor: (Give naroc(s) and places) of residence; if the spouse of the owner -grantor k joining in this Deed to release homestead rights, identity grantors as
husband and wife.)
LAVERN C. NELSON
Grantee: (Give names) and address(es): stammers of address. including available road or sweet number,)
TOM SCHMERGE
7754 WELD COUNTY ROAD 60, WINDSOR, CO 80550
Form of Co -Ownership.. (If there are two or more eramees named. they will he considered to take as tenants in common unless the words 'in joint
tenancy' or words of the same meaning are added in the space below.)
Property Description (Include county and state.)
SEE ATTACHED EXHIBIT "A"
Properly Addrm: VACANT LAND GREELEY CO 80634
Consideration: (The statement of a dollar amount is optional, adequate consideration for this deed will be presumed unless this conveyance is identified
as a gift. In any ease this conveyance is absolute, final eN unmMiumal )
THREE HUNDRED FORTY ONE THOUSAND ONE HUNDRED AND 00/100
Reservations -Restrictions: (If the GRANTOR intends to reserve any interest bt the property or to convey less than is owned. or if the GRANTOR is
restricting the GRANTEE'S right in the property, make apprsprise indicative )
Additional Warranty Exceptions: (Include deals of son bang assumed and ether nutters not covered above.)
SUBJECT TO BUILDING AND ZONING REGULATIONS.
Executed by the Grantor on APRIL 17, 1998
Signature for Corporation, Partnership or Association
Signature for fodivdaal(s):
Name of Grantor: Corporation, Partnership or Association CAVERN C. NELSON
By
By
Attest:
STATE OF COLORADO
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 17th day of APRIL, 1998
By* LAVERN C. NELSON
Grantor
Grantor
WITNESS -my- hand and -official seal. CA IS:C "•„;
My commission expires: SEPTEMBER(\ 1"""''"•,47
STATE OF v: ?O E 1009 37111 AVENUE COURT, el tll/ GREELEY, CO 80634
COUNTY OF = . ' , OT 4 a j a..
The foregoing instrument was acknowledged befg(e`me this: gday of
('name individual Grantor(s) or if Grantor if�et9nid00. PPartnership' smci
(ation, then identify signers as president or vice president and secretary
or assistant secretary of corporation: or as palr)csSsi aannerilW l.QyJ6tltorized memb r(s) of association.)
Gp CC1,C
Grantor
WITNESS my hand and official seal
My commission expires:
0 (981 UPDATE LEGAL FORMS
Notary Public
WCTC No, 201-L
I._.1J1111111111111111111111 IIIII 111111 III 'EII E IIII
2807530 04/21/1898 10:358 Wald County CO
2 of 3 R 18.00 D 34.11 JA Sukl Tsukuisto
EXHIBIT A TO WARRANTY DEED
DATED: APRIL 17, 1998
GRANTOR: LAVERN C. NELSON
GRANTEE: TOM SCHMERGE
The SE 1/4 of Section 4, Township 5 North, Range 67 West of the 6th P.M., Weld
County, Colorado; and
The South 1/2 of the SW 1/4, and the South 1/2 of the NE 1/4 of the SW 1/4 of
Section 4, Township 5 North, Range 67 West of the 6th P.M., Weld County,
Colorado;
EXCEPTING THEREFROM. the followingdescribed. tracts of land:
1) Considering the West line of the SW 1/4 of said Section 4 as bearing North
05°I2'23' East and with all bearings contained herein relative- thereto;
Commencing at the SW Corner of said Section 4;
thence along said west line, North 05°12'23" East, 882.37 feet to the True
Point of Beginning;
thence continuing along the said West line, North 05012'23" East, 450.00 feet
to a point on the North line of the South 1/2 of the SW 1/4 of said Section 4;
thence along said North line, South 89 29'34" East, 636.00 feet, to a point on
a meander line representing the approximate centerline of a drainage ditch;
thence along said meander line the following courses and distances:
South 58°12'22" West, 84.49 feet;
South 10°54'17" West, 77.16 feet;
South 61Z12'33" West, 253.31 feet;
South 49°20'08" West, 196.43 feet;
South 75o05'39" West, 143.84 feet;
South 61°30'16" West, 79.65 feet to the True Point of Beginning;
2) Beginning at the SW corner of said Section 4, and considering the South
line of the SW 1/4 of said Section 4 to bear South 89°07'32" East, and with
all other bearings contained herein relative thereto;
thence South 89Z07'32" East along the South line of said SW 1/4, 1580.73 feet;
thence North 4234'24" West, 1173.00 feet to a point on the Southerly existing
right-of-way of the Great Western Railroad Company;
thence along said Southerly right-of-way line the following courses and
distances:
South 35°57'38" West, 406.00 feet;
Along the arc of a curve to the right having a radius of 1984.86 feet and a
chord that bears South 49°03'14" West, 695.70 feet to a point on the West line
of the SW 1/4 of said Section 4;
thence leaving said right-of-way line, South 05°12'23" West along said West
line, 68.35 feet to the point of beginning;
3) A strip of land 150 feet in width as conveyed to The Northern Construction
Company in Warranty Deed recorded December 9, 1907 in Book 271 at Page 68, 75
feet on each side of the centerline of the track of the Great Western Railway,
as the same was surveyed and located, said centerline being described as
follows
Beginning at a point on the North line of the SW 1/4 of the SW 1/4 of said
Section 4, 408 feet west of the NE Corner thereof;
thence South 39°37' West, a distance of 903 feet to a point of curve to the
right, whose radius is 1910.1 feet;
thence along said curve a distance of 624 feet to the West line of said
Section 4, crossing said line a a point 177 feet North of the SW corner
thereof;
4) A strip of land 100 feet in width as conveyed to The Northern Construction
Company in Warranty Deed recorded December 9, 1907 in Book 271 at Page 6B, 50
feet on each side of the centerline of the track of the Great Western Railway,
as the same was surveyed and located, said centerline being described as
follows:
Beginning at a point on the North line of the NE 1/4 of the SW 1/4 of said
Section 4, 612 feet West of the NE Corner thereof;
thence South 49 05' West, a distance of 592 feet, to a point of curve to the
left, whose radius is 5729.6 feet;
thence along said curve a distance of 527 feet to the West line of said NE 1/4
of the SW 1/4, crossing said line at a point 537 feet North of the SW Corner
thereof;
5) A tract of land conveyed to Randy R. Blackman and Karen E. Burkhart by
Warranty Deed recorded September 20, 1991 in Book 1311 as Reception No.
2263754, which tract of land is more particularly described as commencing at
the SW Corner of said Section 4, and considering the West line of the SW 1/4
to bear North 05°12'23" East, with aq other bearings herein relative thereto;
thence along said West line, North 05 12.23" East, 882.37 feet to the True
Point of Begimang said point being on a meander line representing the
approximate centerline of a drainage ditch;
thence along said centerline the following courses and distances:
North 61°30.16" East, 79.65 feet;
North 75°05.39" East, 143.84 feet;
North 49°20.08" East, 196.43 feet;
North 61o12'33" East, 253.31 feet;
North 18°54'17" East, 77.16 feet;
North 58°12'22" East, 84.49 feet to a point on the North line of the SW 1/4 of
the SW 1/4 of said Section 4;
thence South 89°29'34" East along said North line, a distance of 336.81 feet
to the centerline of the railroad track of the Great Western Railway, said
centerline being 408 feet West of the NE Corner of said SW 1/4 of the SW 1/4;
thence Southwesterly along said centerline as follows:
South 39°37' West, 903 feet to a point of curvature;
thence on a curve to the right whose radius is 1910.1 feet, 624 feet to a
point on the West line of said Section 4;
thence -North -0&°12'23"- Saul along said line, 705.37 feet to the point of
beginning.
1111111111111111 III 11111 IIII IIII
2807330 04/21/1888 10:338 Wald County CO
3 of 3 R 18.00 D 34.11 JR Suki Taukamoto
AR2O2198o
B 1 REC 02021986 08/23/85 11:36
F 1323 MARY ANN FEUERSTEIN CLERK & RECORL
00 1/002
WELD CO, CO
MISDEED, blade this 20th day of
between
DONALD E. NCBERLY and COM L, MOBERLY
August ,19 B5
of the County of Lariner
Colorado, of the first part,and
NOM* P. SC'MERGE an H N4 SCrfERGE /t
whose legal address is !I 15S' w&/d Cow' Peed
of the County of
Colorado, of the second part
and State of
t1.1, a)indse/
and State of
FILING STAMP
State Documentary Fee
Dote ...AU$- 9 1 i9R5
$ _eLt..00
WITNESSETH, that the said party of the first part, for and in consideration of the sum of
-1-Twenty Thousand and no/100 ($20, geD.g ebsssx"x x shweeesm me.
DOLLARS
and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and
by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and
assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of
land, situate, lying and being in the County of Weld and State of Colorado, to wit:
//see attached legal description///
also known as street and number vacant land
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper-
taining and the reversion and reversions, remainder and remainders, rents, issues and profits theredf; and all the
estate, right, title, interest, claim and demand whatsoever of the said party of the first put, either in law cr equity, of, in
and to the above bargained premises, with the hereditaments and appurtenances.
TO RAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said
parties Of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs,
executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part.
their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises
above conveyed, es of 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 aforesaid,
and. that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encumbrances of whatever kind or nature saever, EXCEPT for the general taxes for. -1985 and subsequent
years; ALSO SJBJECT to restrictions, reservations, easerents and rights -of -.'ay of record or in
place, if any;
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND
FOREVER DEFEND. 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 WHEREOF the said party of the first part has hereunto set his hand and seal the day and year first
above written.
Signed. Sealed and Delivered in the Presence of
STATE OF COLORADO
County of Larrrer
la
The foregoing instrument was acknowledged before methls
by CCMLD E. NCBERLY and DANA L. MOBERLY
My Commission expires 005:au - 2J
[SEAL)
F MOBERLY pp//
dh.w 0K.e 'SEAL)
DCW L. NCBERLY k
'SEAL)
20th day of
Est
/� han3astd4rnmalseaL .19D-.�. Witness my �
Shores 3, 375 E. Homatooj5f .41.911 af1F+^Iw
vflueu
Fon COlOrtc (`!) p,.pe
No, 921A. waltgAMT DEED. ieraiu reesa,a—arNfer4 Publishing Cm. 112446 SW[ StnenAmver. Cebrtlo(t$5O1n —r6fl
B 1081 REC 02021986 08/23/85 11:36 $6.00 2/002
F 1324 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO
LEGAL DESCRIPTION TO BE ATTACHED TO AND BECOME A PART OF THAT CERTAIN
GENERAL WARRANTY DEED EXECUTED BY DONALD E. MOBERLY AND DONNA L. MOBERLY
IN FAVOR OF THOMAS P. SCHMERGE AND ELISABETH M. SCHMERGE
--A portion of the Northeast Quarter (NE 1/4) of Section Eight (8),
Township Five (5) North, Range sixty-seven (67) West of the Sixth
Principal Meridian, County of Weld, State of Colorado, described by
boundary lines as follows:
Commencing at a point on theNorth boundary line of said quarter
section, Six Hundred (600) feet West of the Northeast Corner (NE Cor)
thereof;
running thence West along Section Line One Thousand (1,000) feet to a
point;
running thence South Three Hundred Sixty-seven (367) feet to a point;
running thence Southeasterly One Hundred Twenty-six (126) -feet, be it more
or less, to a point on the West boundary Line of right-of-way of The
Great Western Railway;
running thence on a curve in a general Northeasterly course along the West
boundary line of said Railway right-of-way to the Place of Beginning.
-J,
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