HomeMy WebLinkAbout20092734.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST LARRY HILL 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, Larry Hill, ZCV #0900226, is 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 20th day of October, 2009, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Larry Hill, property owner, was present at said hearing, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon
such referral until November 20, 2009, to allow adequate time for the property owners to apply for
a Use by Special Review permit to bring the subject property into compliance and for an inspection
of the property by the Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0900226 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Larry Hill to remedy the violation of the Weld County Code, and any
other persons occupying the properties, any persons claiming an interest in the properties, and any
persons acting in active concert with the identified parties, with an instruction for delay of action
upon such referral until November 20, 2009, to allow adequate time for the property owner to apply
for a Use by Special Review permit in order to bring the subject property into compliance.
2009-2734
fin •/2, voc /VR47
PL0824
VIOLATIONS - ZCV #0900226 - LARRY HILL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of October, A.D., 2009.
ATTEST
Weld County Clerk to the
BY.
County Attorney EXCUSED
Deputy Clerk to the B
Date of signature iliq f
BOARD OF COUNTY COMMISSIONERS
WELD COlM1TY, COLORADO
William F. Garcia, Chair
her, Pro -Tern
P. Conway
arbara Kirkmeyer
David E. Long
2009-2734
PL0824
V' elation Summary Rep' t
BASIC INFORMATION
HILL LARRY M
Tenant:
1965 MOUNTAIN VIEW STRIBRIE, CO 80516
Compliance Officer: Bethany Salzman
Violation Number: ZCV09-00226
Situs Address: 1965 MOUNTIAN VIEW ST
Legal: CR1-4 L4 BLK1 CARMACAR RANCHETTES SITUS: 1965 MOUNTAIN
VIEW ST WELD 80631
Location West of and adjacent to CR 5 and approximately 1/4
South of Hwy 52
North Agriculturally Zoned properties and Frederick and Erie
Municipal boundaries
South Agriculturally Zoned property and Parkland Estates (PUD
with Agriculture and R-1 Zoning)
East Agriculturally Zoned properties
West PUD (Agriculture and Estate Zoning)
Parcel Number: 146705101009-R5679586 Acreage: 1.01
Location:
Certified Mail Date: 09/10/2009
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.
23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land
created under the provisions of Chapter 24, Article VIII of this Code.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
23-3-40 Uses by special review
23-3-40.C Recreational facilities and USES including:
23-3-40.C.7 PUBLIC, commercial or private tent or RECREATIONAL VEHICLE camping
areas.
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.
23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as
the USE complies with the general intent of the A (Agricultural) Zone District.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on
surrounding uses. A SCREENING PLAN shall be submitted and approved by the
Department of Planning Services.
REMEDY
As we have previously discussed the operation of a repair or refurbishing business (such as Retro
Restorations) requires a Use by Special Review (USR) permit. During our last discussion it was
un-clear whether your intention was to continue the business or reduce the storage to your own
vehicles and not conduct, advertise or offer any outside restorations. If this is the case any visible
camper/trailers-RV's and vehicles shall be in operating condition and maintain current license plates at
all times; otherwise, they shall be completely SCREENED from all adjacent properties and public
rights -of -ways.
2009-2734
V-)Iation Summary Rep -I-1
RECOMMENDATION
The Department of Planning Services recommends this case be forwarded to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
08/03/2009 Complaint Validated
08/03/2009 LTTR: 5 Day Letter
08/10/2009 LTTR: Violation Notice
09/10/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
08/03/2009 Property Inspected
08/10/2009 Phone Call
09/16/2009 Phone Call
Upon a visual inspection of the property, the following
items were noted: multiple camper/trailers and vehicles
(did not appear to have current tags on all vehicles).
Also noted a circus trailer. No pictures were taken
during this inspection.
Sylvia Davis (303-828-1255) called. She said she
received my letter, but upon trying to conduct some
research was confused by her results. She said the
Weld County website told her their property was "zoned"
Residential, but everyone else was zoned Agricultural. I
explained that the property was "taxed" Residential, but
zoned Agricultural. She asked if she should be looking
at the Agricultural portion of the zoning ordinance as
opposed to the Residential portion than. I said that was
correct starting in Chapter 23 at 23-3-20 (Use by Right,
Accessory Uses and into Uses by Special Review). I
explained that their appeared to be a "Retro
Restorations" sign on the gate and several vintage
campers and vehicles. She said that was correct. I
explained that type of use (if eligible) would require a
Use by Special Review permit of which the first step
would be a Pre -Application meeting. She stated they
would be leaving town this Wed and returning mid week
next week (they were head out of town to attend a
vintage show). I told her I would e-mail the
Pre -Application form (sylvia@retrorestoration.com). I
also explained that I had sent a 30 day Violation Notice
letter this morning. I advised her to call with any
questions. She said she would.
Sylvia Davis (303-828-1255) called. She asked about
fencing. I explained if they planned on installing a
standard wooden privacy fence, I would not need a plan.
However, if they wanted to install anything other than an
opaque standard wooden privacy fence or vinyl fence
they would need to submit a plan. She thought maybe
they had to wait until the hearing before installing
anything. I explained that was not the case. I asked if
that meant they were not going to apply for the USR.
She said they still had not decided one way or the other.
She said she was hoping to get direction from the Board.
I explained that the Board would not give her direction on
what to do, but they would be expecting them to have
decided and come up with some sort of time line. She
said they would try to make a decision.
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 10, 2009
HILL LARRY M
1965 MOUNTAIN VIEW STREET
ERIE, CO 80516
Case: ZCV09-00226
Legal Description: CR1-4 L4 BLK1 CARMACAR RANCHETTES SITUS: 1965 MOUNTAIN
VIEW ST WELD 80631
Dear HILL LARRY M:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
10/13/2009 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.
23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land
created under the provisions of Chapter 24, Article VIII of this Code.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
23-3-40 Uses by special review
23-3-40.C Recreational facilities and USES including:
23-3-40.C.7 PUBLIC, commercial or private tent or RECREATIONAL VEHICLE camping
areas.
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.
23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as
the USE complies with the general intent of the A (Agricultural) Zone District.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
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
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services.
To bring your property into compliance with the Weld County Code:
As we have previously discussed the operation of a repair or refurbishing business (such as
Retro Restorations) requires a Use by Special Review (USR) permit. During our last
discussion it was un-clear whether your intention was to continue the business or reduce the
storage to your own vehicles and not conduct, advertise or offer any outside restorations. If
this is the case any visible camper/trailers-RV's and vehicles shall be in operating condition
and maintain current license plates at all times; otherwise, they shall be completely
SCREENED from all adjacent properties and public rights -of -ways.
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 Salzman
Zoning Compliance Officer II
pc: ZCV09-00226
VIiDc
COLORADO
August 10, 2009
HILL LARRY M
1965 MOUNTAIN VIEW STREET
ERIE, CO 80516
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.cc.us
Case: ZCV09-00226
Legal Description: CR1-4 L4 BLK1 CARMACAR RANCHETTES SITUS: 1965 MOUNTAIN VIEW ST
WELD 80631
Dear: HILL LARRY M :
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.
23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land
created under the provisions of Chapter 24, Article VIII of this Code.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
23-3-40 Uses by special review
23-3-40.C Recreational facilities and USES including:
23-3-40.C.7 PUBLIC, commercial or private tent or RECREATIONAL VEHICLE camping
areas.
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.
23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as the
USE complies with the general intent of the A (Agricultural) Zone District.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter during a visual inspection from Mountain View Street I was
able to validate the presence of multiple camper/trailers and vehicles of which not all
appeared to have current license plates. It appears as though a restoration business is
present on this property without the necessary Weld County Zoning Permits. Please
contact me upon receipt of this letter so we can discuss your intentions which will assist
me in pointing you in an accurate direction to achieve compliance.
Page 1 of 2
COLORADO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer I
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@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
09/10/2009, 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,
1
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV09-00226
Page 2 of 2
(0101
August 03, 2009
HILL LARRY M
1965 MOUNTAIN VIEW STREET
ERIE, CO 80516
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
Case: ZCV09-00226
Legal Description: CR1-4 L4 BLK1 CARMACAR RANCHETTES SITUS: 1965 MOUNTAIN VIEW ST
WELD 80631
Dear HILL LARRY M:
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:
During a visual inspection from Mountain View Street I was able to validate the presence of
multiple camper/trailers and vehicles of which not all appeared to have current license
plates. It appears as though a restoration business is present on this property without the
necessary Weld County Zoning Permits. Please contact me upon receipt of this letter so
we can discuss your intentions which will assist me in pointing you in an accurate direction
to achieve compliance.
Please contact me within five working days of the date of this letter to review these concerns with me. Feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with
you.
Sincerely,
Bethany Salzman`
Zoning Compliance Officer II
pc: ZCV09-00226
Page 1 of 1
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5679586
Tax Area: 2390
Acres: 1.01
Township Range Section Quart. Sec.
01-68-05-1
Owners Name & Address:
HILL LARRY M
1965 MOUNTAIN VIEW STREET
ERIE, CO 80516
Business/Complex:
Sale Date
8/1/2008
Sale Price
$389,900
Parcel#: 146705101009
Bordering County:
Subdivison Name Block# Lot#
CARMACAR RANCHETTES - 1 - 4
Property Address:
Street: 1965 MOUNTAIN VIEW ST WELD
City: WELD
Sales Summary
Deed Type
WD
Legal Description
3570656
Reception #
CR1-4 L4 BLK1 CARMACAR RANCHETTES SITUS: 1965 MOUNTAIN VIEW ST WELD 80631
Land Type
Residential
Land Subtotal:
Abst Code
1112
Bldg# Property Type
1
2
3
Residential
Out Building
Out Building
Improvements Subtotal:
Total Property Value
Land Valuation Summary
Unit of Number of
Measure Units
Site
Buildings Valuation Summary
Actual Value
Assessed
Value
$90,000 $7,160
Actual Value
Assessed
Value
$264,842 $21,080
$354,842 $28,240
Building Details
Account#: R5679586 Parcel#: 146705101009
Owners Name & Address:
HILL LARRY M
1965 MOUNTAIN VIEW STREET
ERIE, CO 80516
Building#
1
Built As:
Bi Level
Property Address:
Street: 1965 MOUNTAIN VIEW ST WELD
City: WELD
Property Type
Residential
Individual Built As Detail
Year Built: 1973
http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14670... 7/31/2009
Identify Results Page 2 of 2
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Frame Hardboard
Drywall
2
3
1
5
550
950
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
Detached SQ Ft:
Finished SQ Ft:
Central Air to Air
978
Composition Shingle
0
0
950
Account#: R5679586 Parcel#: 146705101009
Owners Name & Address:
HILL LARRY M
1965 MOUNTAIN VIEW STREET
ERIE, CO 80516
Building#
2
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Account#: R5679586
Owners Name & Address:
HILL LARRY M
1965 MOUNTAIN VIEW STREET
ERIE, CO 80516
Building#
3
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Property Address:
Street: 1965 MOUNTAIN VIEW ST WELD
City: WELD
Property Type
Out Building
Individual Built As Detail
Shed - Cattle
Pole Frame Metal Siding
0
0
1
0
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
Detached SQ Ft:
Finished SQ Ft:
Property Address:
Street: 1965 MOUNTAIN VIEW ST WELD
City: WELD
Property Type
Out Building
Individual Built As Detail
Shed - Utility
Pole Frame Metal Siding
0
0
1
0
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
Detached SQ Ft:
Finished SQ Ft:
1973
None
728
0
Parcel#: 146705101009
1996
None
1200
0
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14670... 7/31/2009
Bethany Salzman
From:
Sent:
To:
Cc:
Subject:
webmaster@co.weld.co.us
Tuesday, July 28, 2009 9:00 AM
Bethany Salzman
Wendi Inloes
Online Code Complaint
Online Complaint submitted July 28, 2009
Name of Complainant: Carolyn Mahoney
Address of Complainant: 5506 Fir Avenue, Erie, CO 80516
Email Address: mamababoo@hotmail.com
Complainant Phone: 303-579-0830
Address of Alleged Violation: 1965 Mountain View Drive
Nature of the Alleged Violation: Parking of around a dozen travel trailers.
How are Your/Your Property Impacted by this Alleged Violation? I feel it is effecting home
values in our neighborhood. Several people have commented to me about how junky the
property looks.
Where is Your Property in Relation to the Alleged Violation: At the end of the street
Have You Discussed Your Concerns With the Property Occupant? No.
If Not, Please Explain Why? I am not sure that he is violating any zoning regulations. I
would like a compliance officer to take a look to see if there is any violation. Our
neighborhood has another property at 1860 Spruce where several inoperable cars are being
stored. Do we have any covenants that protect the neighborhood from these types of
situations????
Are You in a Subdivision Which has Covenants that Prohibit the Activity? Unsure
Have You Contacted the Homeowners Association? No
May we contact you? Yes
1
11011111111111111d 111111111111111111111111111111101
3570656 08/06/2008 11:30A Weld County, CO
1 or 1 R 6.00 0 38.99 Steve Moreno Clerk & Recorder
656
WARRANTY DEED
THIS DEED, Made this 1st day of August, 2008 between
Robert J. Salz and Toni I.. Salz
of the County of Weld, State of Colorado, grantor and
Larry M.11111
whose legal address is: 1965 Mountain View Street, Erie, CO 80516
of the County of Weld, State of Colorado, grantee:
WITNESSEI'H, That the grantor for and in consideration of the sum of Three Hundred Eighty -Nine Thousand Nine
Hundred Dollars and NO/100's (5389,900.00) the receipt and sufficiency of which is hereby acknowledged, has granted,
bargained, sold and conveyed, and by these presents does grant. bargain, sell. convey and confirm, unto the grantee, his heirs
and assigns forever, all 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 4,
Block 1,
Carmacar Ranchettes,
A Subdivision of the County of Weld,
State of Colorado.
State Doc. Fee
also known by street and number as 1965 Mountain View St, Erie, CO 80516
TOGETHER with all and singular the hereditamcnts and appurtenances thereunto belonging, or in anywise appertaining. and
the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest,
claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his
heirs and assigns former. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain
and agree to and with the grantee, his heirs and assigns, that at the time of the ensea .ing and delivery of these presents, he is
well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance. in law, in
fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form
as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever. except all taxes and assessments for the current year, a lien
but not yet due or payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title
Documents accepted by Buyer in accordance with section 8.1 "Title Review", of the contract dated June 24, 2008, between the
parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable
possession of the grantee his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part
thereof. 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 grantor has executed this deed on the date set forth above.
SELLERS:
Robert J. Salz
r
STATE OF COLORADO
COUNTY OF Adams
The foregoing instru
Witness my hand an
My Commission expires:
KELLY A. KI NEAR
NOTARY PUBLIC
ATE OF COLORADO
Toni L. Salz
ss:
this 1st day of'Auzfsix2008bEob and Toni L. Salz
R
WDPnorO
Warranty Deed (For Photographw Record) updated 1/2006
Security Title
File No. 80277698
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