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Home My WebLink About20091333.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0900118 AGAINST RAUDEL AND ESTELA SANTILLAN 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, Raudel and Estela Santillan, ZCV #0900118, 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 16th day of June, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Raudel and Estela Santillan were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Raudel and Estela Santillan 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, and to have this case remain open for one (1) year past the hearing date to insure the property remains in compliance. 2009-1333 PL0824 0() Pty V/vc (ilt&/c" l VIOLATIONS - ZCV #0900118 - RAUDEL AND ESTELA SANTILLAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of June, A.D., 2009. ATTEST: Weld County Clerk to the Boar BY Deputy Clerk to the Board AQVED ORM: i Q.unty Attorney Date of signature 7 A _.?/�� BOARD OF COUNTY COMMISSIONERS WELD701,, COLORADO Garcia, hair er, Pro -Tern Sean P. Conway / X�iZ L { f? L� LA-__ Kirkmey �/ ar EXCUSED David E. Long / C 2009-1333 PL0824 Violation Summary Report BASIC INFORMATION SANTILLAN RAUDEL & ESTELA Tenant: 39442 MAIN ST EATON, CO 80615 Compliance Officer: Ann Siron Violation Number: ZCV09-00118 Situs Address: 39442 MAIN ST Legal: L34 THRU 37 BLK20 CAMFIELD SITUS: 39442 MAIN ST WELD 00000 Location: Location EAST OF AND ADJACENT TO CR 51 AND APPROXIMATELY 1/2 MILE SOUTH OF HWY 14 IN THE SUBDIVISION OF CAMFIELD North AGRICULTURE South AGRICULTURE East AGRICULTURE West AGRICULTURE Parcel Number: 071118015016-R7195297 Acreage: 0.32 Certified Mail Date: 05/26/2009 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 23-3-40.6 Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 23-3-40.6.10 Animal training and boarding facilities where the maximum number of ANIMAL UNITS permitted in Section 23-3-50.D is exceeded or when the use adversely impacts surrounding properties, including noise, odor, lighting or glare, traffic congestion or trash accumulation. 23-3-50 Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. 23-3-50.D Maximum number of ANIMAL UNITS permitted per acre: four (4) per acre or portion thereof. REMEDY THE NUMBER OF ANIMAL UNITS EXCEEDS THE **ONE** UNIT ALLOWED BASED OFF THE SIZE OF YOUR LOT. AS THIS IS THE 3RD VIOLATION WITHIN A 12 -MONTH PERIOD NO EXTENSIONS WILL BE GRANTED. ***A LETTER SHALL BE SUBMITTED TO THE DEPARTMENT OF PLANNING SERVICES INFORMING US OF WHEN THE HORSES HAVE BEEN REMOVED*** RECOMMENDATION THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAT THIS CASE BE REFERRED TO THE COUNTY ATTORNEY'S OFFICE FOR IMMEDIATE LEGAL ACTION. LETTER HISTORY 2009-1333 Violation Summary Report 04/15/2009 Complaint Validated 04/15/2009 LTTR: Violation Notice 05/26/2009 LTTR: Hearing Notification OTHER CASE HISTORY 04/10/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: MORE THAN 1 HORSE. 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 May 26, 2009 SANTILLAN RAUDEL & ESTELA 39442 MAIN ST EATON, CO 80615 Case: ZCV09-00118 Legal Description: L34 THRU 37 BLK20 CAMFIELD SITUS: 39442 MAIN ST WELD 00000 Dear SANTILLAN RAUDEL & ESTELA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 06/16/2009 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.B Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 23-3-40.B.10 Animal training and boarding facilities where the maximum number of ANIMAL UNITS permitted in Section 23-3-50.D is exceeded or when the use adversely impacts surrounding properties, including noise, odor, lighting or glare, traffic congestion or trash accumulation. 23-3-50 Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. 23-3-50.D Maximum number of ANIMAL UNITS permitted per acre: four (4) per acre or portion thereof. To bring your property into compliance with the Weld County Code: THE NUMBER OF ANIMAL UNITS EXCEEDS THE **ONE** UNIT ALLOWED BASED OFF THE SIZE OF YOUR LOT. AS THIS IS THE 3RD VIOLATION WITHIN A 12 -MONTH PERIOC NO EXTENSIONS WILL BE GRANTED. Page 1 of 2 VADc COLORADO WELD COON f 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 ***A LETTER SHALL BE SUBMITTED TO THE DEPARTMENT OF PLANNING SERVICES INFORMING US OF WHEN THE HORSES HAVE BEEN REMOVED AND THAT THE PROPERTY OWNER IS AWARE THEY ARE NOT ALLWOED TO EXCEED ONE ANIMAL UNIT AT **ANY** TIME.*** IF THIS IS RECEIVED PRIOR TO THE ABOVE SCHEDULED HEARING THIS CASE WILL BE REMOVED FROM THE DOCKET. OTHERWISE HEARINGS WILL CONTINUE AS SCHEDULED. This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Since Ann Siron Zoning Compliance pc: ZCV09-00118 • 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 yoys, • Attach this card to the back of thetiilpiece, or on the front if space permits. 1Addressed to: Article COMPLETE THIS SECTION ON DELIVERY A. Si ture X ❑ Agent ❑ Addressee ¢, Received IarNY (Printed Name) II C.GL2 ate e ,U,ka D. Is delivery address different from item 1? (U Yes ode/ t Esffrh 9r►i'lla0 39'/'/2 (flai n St. afon 10 46 If YES, enter delivery address below: ❑ No 3,./Rpfice Type Ce rtified Mail ❑ Registered O Insured Mall ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7007 1490 0004 7353 1924 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 April 15, 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.0s SANTILLAN RAUDEL & ESTELA 39442 MAIN ST EATON, CO 80615 Case: ZCV09-00118 Legal Description: L34 THRU 37 BLK20 CAMFIELD SITUS: 39442 MAIN ST WELD 00000 Dear: SANTILLAN RAUDEL & ESTELA : 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 23-3-40.6 Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 23-3-40.B.10 Animal training and boarding facilities where the maximum number of ANIMAL UNITS permitted in Section 23-3-50.D is exceeded or when the use adversely impacts surrounding properties, including noise, odor, lighting or glare, traffic congestion or trash accumulation. 23-3-50 Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. 23-3-50.D Maximum number of ANIMAL UNITS permitted per acre: four (4) per acre or portior thereof. To bring your property into compliance with the Weld County Code: THE NUMBER OF ANIMAL UNITS EXCEEDS THE **ONE** UNIT ALLOWED BASED OFF THE SIZE OF YOUR LOT. AS THIS IS THE 3RD VIOLATION WITHIN A 12 -MONTH PERIOD NO EXTENSIONS WILL BE GRANTED. Page 1 of 2 par. IUDc 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 05/15/2009, 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: ZCV09-00118 K1, Page 2 of 2 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 Initiate ±›: ZCV09—QC)1I .2ry;ONING CODE COMPLAINT ❑ Staff/Name. $ Citizen 0 Other ❑ HEALTH DEPARTMENT Citizen's Name (Ifknownp ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known) ❑ BUILDING CODE COMPLAINT O PUBLIC WORKS / PEST & WEEDS Date Complaint was received: Pending Case # (i.e. USR, RE, SE, ect...): Legal Description Violation Address L34-37. Plt 2O Property Owners Name: Property Owners Address: Tenant's Name: _ Tenant's Address: NATURE &audt/ e es/t/Q San 6 //an 39Wt2 ineu 1 el -AO -09 &M [ p id Parcel 07/1i TO/ Phone: Phone: �I-1a� Ma -r)° i-2a-r- COMPLAINT: Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7195297 Parcel#: 071118015016 rurx +*.; .:w•:' t..1 ar'. .:su x.«ar^.n.;r,r:nrtmev�a?.:ac:•.•w�.zm:•...mu+c= a..s.-xr-�r rw a+,- x -x �r¢st2Z M:.rcs•,:ra..;w, iar«va. fivx.^.nrr r..,x,,....,::06,3'nsVc:c :SAI,S. :r.s: tl a:x:xwc.:' ;:nm:. Tax Area: 3865 Bordering County: Acres: 0.32 Township Range Section Ouart. Sec. CAMFIELD 20 34 07-64-18-0 AnWfelta",w..fittOit!.tr.MITU:S.:41,f vtwr...WM w:WaadaxKaYra-a+eFa:vrmvwR?... e1�.��:-.ern �JH':rr xt:uarucLn.Nss nras,:a':.t.usars;;=is•.".atGtYTrcmnnvaA'L'cn-.x�.st�mRlc.c.�i��.s:�d+SNt.tr.av:r nxra^n+m.ds-:a .:i Owners Name & Address: SANTILLAN RAUDEL & 39442 MAIN ST EATON, CO 80615 Subdivison Name Block# Lot# Property Address: Street: 39442 MAIN ST WELD City: WELD Additional Owners: SANTILLAN ESTELA Business/Complex: Sale Date 1/21/2004 Sale Price $179,400 Sales Summary Deed Type SWD Reception # 3153172 Legal Description L34 THRU 37 BLK20 CAMFIELD SITUS: 39442 MAIN ST WELD 00000 Land Type Residential Land Subtotal: Abst Code 1112 Land Valuation Summary Unit of Number of Measure Units Site Actual Value $19,500 Assessed Value $1,550 Buildings Valuation Summary Bldg# 1 2 Property Type Residential Residential Improvements Subtotal: Actual Value $149,786 Total Property Value Account#: R7195297 Owners Name & Address: SANTILLAN RAUDEL & 39442 MAIN ST EATON, CO 80615 Building# 1 Building Details Property Address: Street: 39442 MAIN ST WELD City: WELD Property Type Residential $169,286 Assessed Value $11,920 $13,470 Parcel#: 071118015016 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07111... 4/15/2009 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: Account#: R7195297 Owners Name & Address: SANTILLAN RAUDEL& 39442 MAIN ST EATON, CO 80615 Building# 2 Built As: Exterior: Interior Finish: it of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Detached Garage Frame Hardboard Drywall 0 0 1 0 Ranch 1 Story Frame Siding Drywall 5 3 1 4 Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1997 None 576 Gable Preformed Metal Units: 0 Detached SQ Ft: Finished SQ Ft: Property Address: Street: 39442 MAIN ST WELD City: WELD Property Type Residential Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: Parcel#: 071118015016 1998 Central Air to Air 1569 Hip/Gable Preformed Metal Units: 1 462 Detached SQ Ft: 0 Finished SQ Ft: 0 0 http://maps2.meTrick. com/W ebsite/Weld/setSgl. asp?cmd=QUERY&DET=PP&pin=07111... 4/15/2009 1 11111 11111 IN 111 11111 111111 11111 111 Olt 1111 1111 172P Weld County, CO 1 of 1 R 5.00 D 17.94 Stove Morena Clerk & Recorder PECfRDER'S MEMORANDUM THIS DOCUMENT WAS FOUND TO BE INADEQUATE FOR SCANNING PURPOSES. SPECIAL WARRANTY DEED MISDEED, Made this 23rd dayof January 2004, between Household Finance Corporation III a corporation tbdy organized and curtains ender endbyvbtve of the laws of the State of Colorado . of the faapast end Raudel Santillen end Estelet Sant illan whose legal address is 39537 County Road 51, Eaton, Colorado 80615 of the County of Weld , and Stab of Colorado , of die second pat, WITNESSETIL That the geld party of the first part, for and in consideration of the sum of ONE HUNDRED SEVENTY NINE THOUSAND FOUR HUNDRED MID NO/100 -DOLLARS, ($179 , 400 .00 ). to the said party of the feet part In hand paid by the old partite of the second pan, the receipt Amelia hereby confessed and aclmowledgod, has granted, bargained, sold and conveyed, and by these presents does grant, bargain. sell, convey and confirm. into the said parties of the second part, not in tenancy in common ben in joint vua8ry, the survivor of them, their assigns and the belts and assigns of such survivor forever, all the following described lot(s) or panel(;) of land, abate, lying and being in the County of Weld , and State of Colorado, to wit Lots 34, 35, 36 and 37, Block 20, TOWNSITE OF CANFIELD, County of Weld, State of Colorado also mown by street and number es 39537 County Road 51, Eaton, Colorado 80615 TOGETHER with all and singular the hereditament; and appurtenances Memento belmging, or in anywise appertuning, and the tevemon and reversions. remainder and remainders, rents, wanes and meths thereof, and all the estate, right title, interest claim std demand whatsoever of the said party of the feet pan, either in law m eopity, of. in and to the abovebargained Inadau, with the hereditament. and appurtenances.neatest, unto the add parties of TO HAVE AND TO HOLD rib add pmrmtes shove begaincd and described, with the appm the second peek the natives of them their assigns and the beam andasaiges of archnuvivor forever. of 02 secondAnd the said patty of the fiat part, for itself red its successors, commas and agrees to end with the add of 9 and pat the survivor of tb in assigns and the heirs and assigns of such nevivor, the above•bugabitd pinnies peaceable possession of the said patties of the second pat the nrtvm of de m, their wig= sad the heirs he whale cu any thereof,a d Omagh massigns of endh survivor. against ell nod way pane or persons lawfully claiming o the said party of the fat part, to WARRANT AND FORRvERDEPEND theme of any gender shell be applicable to all grade. The simpler number shall include the plural, ehe pbml the singular, mid IN WITNESS WHEREOF, the said party of the first pet has caused its eorpmrue mos to be hereunto subscribed by is , and its corporate seal to be barman affixed, attested by its the day and year fun above written Hone old France Corporation, III 4' C:Via r'. 7!'.17.-7•771111 AtlsL \ , e FrcaiDnt SUMSOP CowryCALIFORNIAJJ''ffli__��e1� )u, COTY OP l-� )))) a day of �i /%" .by In. Tbef ninestretoent was sdmowledged before me min o Household Finance Z', a. nee Corporation, I. rattle G. SMAS Commission a 1784000 " '>: Hatay Public - Conlomia f My Carmiasion expires.Los An9e �Cou3L Dou t,2Ds Witness myltmdand oBiciel Beni MNOors^ Notary tic when IRn165BM eerasr. w,Ww ANITDZEr TOR1h'rT Mang - cerpeatta tewco sit 0l/E 'd OL9l 'ON Wd1;:E 400i'Oi'Nvr a O L r_f3 'Yo aiI r Hello