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HomeMy WebLinkAbout20092292.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CASSANDRA STEWART, CIO HAROLD STEWART 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, Cassandra Stewart, do Harold Stewart, ZCV #0900080, 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 31st day of August, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Harold Stewart, 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 September 15, 2009, to allow adequate time for the property owner to remove the tires and debris, and to provide proof of registration for all the vehicles 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 #0900080 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Cassandra Stewart, do Harold Stewart, 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 September 15, 2009, to allow adequate time for the property owners to remove the tires and debris from the site, and to provide proof of registration on all the vehicles to bring the subject property into compliance. 2009-2292 PL0824 exk, %G' 0r7/64c/ VIOLATIONS - ZCV #0900080 - CASSANDRA STEWART, CIO HAROLD STEWART PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D., 2009. ATTEST: Weld County Clerk to th BY APP' . . . AS TO i my Attorney Deputy Clerk to the Board Date of signature 9//v/%9 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO EXCUSED Wil m F. Garcia, Chair L Douglas Rademacher, Pro-Tem Sean P. Conway (AYE) (NAY) (AYE) arl ark Kirkmeyer / vl' (AYE) David E. Long 2009-2292 PL0824 VnIation Summary Repr-t BASIC INFORMATION STEWART CASSANDRA 0/0 STEWART HAROLD GREELEY, CO 80634 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV09-00080 Situs Address: Legal: HP5-14 L14 BLK5 HILL -N -PARK SUB SITUS: 3721 YOSEMITE DR WELD 80634 Location: Location North of and adjacent to 49th Street and East of and adjacent to 47th Avenue North Evans city limits, some Agriculture and Residential zone districts South Evans city limits, some Agriculture and Estate zone districts East Evans city limits, some Agriculture zone districts West Evans city limits, some Agriculture and Estate zone districts Parcel Number: 095926402001-R2689086 Acreage: 0.17 Certified Mail Date: 06/22/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. COMMERCIAL VEHICLES: 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. 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. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand 2009-2292 VHlation Summary Report 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. REMEDY THE NONCOMMERCIAL JUNKYARD CONSISTING OF TIRES, WOOD, AUTOMOBILE PARTS, DERELICT VEHICLES SHALL BE REMOVED FROM THE PROPERTY. ON A DRIVE -BY INSPECTION ON JUNE 15, 2009 IT STILL APPEARS THERE IS COMMERCIAL ACTIVITY TAKING PLACE, MAKING THE TRUCK AND TRAILERS "COMMERCIAL VEHICLES". THE COMMERCIAL ACTIVITY SHALL CEASE, THE COMMERCIAL VEHICLES REDUCED TO ONE AND A ZONING PERMIT FOR A COMMERCIAL VEHICLE SHALL BE OBTAINED. OTHERWISE, ALL COMMERCIAL VEHICLES SHALL BE 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 03/25/2009 Complaint Validated 03/25/2009 LTTR: 5 Day Letter 04/06/2009 LTTR: Violation Notice 06/22/2009 LTTR: Hearing Notification OTHER CASE HISTORY 03/16/2009 Property Inspected 06/08/2009 Property Inspected 06/15/2009 Property Inspected 07/23/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: TIRES, WOOD, DERELICT VEHICLES ON TRAILERS COMING AND GOING, COMMERCIAL ACTIVITY. UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: TRAILER WITH DEBRIS, OTHER COMMERCIAL TRAILERS HAVE MOVED AROUND ON THE PROPERTY, DERELICT VEHICLE. UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: DERELICT VEHICLE, TRAILER WITH SCRAP METAL. APPEARS ACTIVITY IS STILL TAKING PLACE ON THE PROPERTY. UPON A VISUAL INPSECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: DERELICT VEHICLE, TRAILERS MOVED AGAIN WITH DEBRIS ON THE BACKS, AUTOMOBILE PARTS. W1�Dc COLORADO June 22, 2009 STEWART CASSANDRA C/O STEWART HAROLD GREELEY, CO 80634 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us Case: ZCV09-00080 Legal Description: HP5-14 L14 BLK5 HILL -N -PARK SUB SITUS: 3721 YOSEMITE DR WELD 80634 Dear STEWART CASSANDRA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 08/11/2009 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 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY fo MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. COMMERCIAL VEHICLES: 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. 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, Page 1 of 3 WADe COLORADO 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 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. 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. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF TIRES, WOOD, AUTOMOBILE PARTS, DERELICT VEHICLES SHALL BE REMOVED FROM THE PROPERTY. ON A DRIVE -BY INSPECTION ON JUNE 15, 2009 IT STILL APPEARS THERE IS COMMERCIAL ACTIVITY TAKING PLACE, MAKING THE TRUCK AND TRAILERS "COMMERCIAL VEHICLES". THE COMMERCIAL ACTIVITY SHALL CEASE, THE COMMERCIAL VEHICLES REDUCED TO ONE AND A ZONING PERMIT FOR A COMMERCIAL VEHICLE SHALL BE OBTAINED. OTHERWISE, ALL COMMERCIAL VEHICLES SHALL BE REMOVED. 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. Page 2 of 3 hiDe COLORADO 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 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 5iron Zoning Comp ia c0 e officer pc: ZCV09-00080 ■ 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 mailplece, or on the front if space permits. UQ55a.rtru Sit (,O2r C/o thrc Id Stewar 3t21 (a5-o-rtit k Dr. C,retHe‘i S0ip31 2. Article Number (Transfer from service label) PS Form 3811, February 2004 COMPLETE THIS SECTION ON DELIVERY A. Signature 4j ❑ Agent X 7' r- -z.-T? ❑ Addressee B. Received by (Printed Name) C. Datee of Delivery C, C 4/ (/) S7r1 , c ,G D. Is delivery address a *l? ❑ Yes Weldital hie/ la r,�s below: ❑ No GREELEY JUN e 4 7004 3. S e i ied ail ❑ Express Mail Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery'? (Extra Fee) ❑ Yes 7005 1160 0001 4539 2116 Domestic Return Receipt 102585-02-M-1540 Page 3 of 3 AnCtvg' "DC COLORADO 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 May 06, 2009 STEWART CASSANDRA C/O STEWART HAROLD 3721 YOSEMITE DR GREELEY, CO 80634 Case: ZCV09-00080 Legal Description: HP5-14 L14 BLK5 HILL -N -PARK SUB SITUS: 3721 YOSEMITE DR WELD 80634 Dear: STEWART CASSANDRA : 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 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. Page 1 of 2 WICOLORADO 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 DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 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. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF TIRES, WOOD, AUTOMOBILE PARTS, DERELICT VEHICLES SHALL BE REMOVED FROM THE PROPERTY. THE COMMERCIAL ACTIVITY SHALL CEASE OR MOVED TO AN APPROPRIATELY ZONED PARCEL. 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 05/06/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the Page 1 of 2 I‘'A T hiDe COLORADO 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 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 Siron9 Zoning Compliance fficer pc: ZCV09-00080 Page 1 of 2 ter: Inc COLORADO April 06, 2009 STEWART CASSANDRA C/O STEWART HAROLD GREELEY, CO 80634 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-Maitasiron@comeld.co.us Case: ZCV09-00080 Legal Description: HP5-14 L14 BLK5 HILL -N -PARK SUB SITUS: 3721 YOSEMITE DR WELD 80634 Dear: STEWART CASSANDRA : 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 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. Page 1 of 2 11111De� COLORADO 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-Maitasiron@co.weld.co.us 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. 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. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF TIRES, WOOD, AUTOMOBILE PARTS, DERELICT VEHICLES SHALL BE REMOVED FROM THE PROPERTY. THE COMMERCIAL ACTIVITY SHALL CEASE OR MOVED TO AN APPROPRIATELY ZONED PARCEL. 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 05/06/2009, 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: ZCV09-00080 A-0 Page 2 of 2 keval 1De COLORADO March 25, 2009 STEWART CASSANDRA C/O STEWART HAROLD GREELEY, CO 80634 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us Case: ZCV09-00080 Legal Description: HP5-14 L14 BLK5 HILL -N -PARK SUB SITUS: 3721 YOSEMITE DR WELD 80634 Dear STEWART CASSANDRA: 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 PRESENCES OF TIRES, WOOD, AUTOMOBILE PARTS, TRAILERS WITH DERELICT VEHICLES COMING AND GOING FROM THE PROPERTY, COMMERCIAL ACTIVITY TAKING PLACE ON THE PROPERTY WITHOUT ANY PERMITS. 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, ati/t Ann Siron Zoning Compliance Officer pc: ZCV09-00080 Page 1 of 1 4**. 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: Zeil VU _ SO Ifr-IONING CODE COMPLAINT C�Staff/Namg omti' ❑ Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name ( known): ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known)_ ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS / PEST & WEEDS Date Complaint was received Pending Case # (i.e. USA. RE, SE, ect...): Legal Description: t`t4 ,g/k6, RatA/-2.1-/„ Violation Address: 37p2/,UQ-3.p (k'(112-4-4/roy* Property Owners Name Parcel 3-110,-09 695474/0-z -62-a'5l Phone: Property Owners Address: Tenant's Name: _ Tenant's Address: NATURE Phone: OF OMPLAINT: / tOPOd CLA1 C� 070, atZSa rn7Z v Art Additional Notes: Identify Results Page 1 of 2 Account#: R2689086 Tax Area: 2820 Acres: 0.1837 Township Range Section Ouart. Sec. 05-66-26-4 Owners Name & Address: STEWART CASSANDRA FAYE 3721 YOSMITE DR GREELEY, CO 80634 Business/Complex: Sale Date 6/13/2007 WELD COUNTY ASSESSOR PROPERTY PROFILE Bordering County: Sale Price $23,000 Parcel#: 095926402001 Subdivison Name Block# Lot# HILL N PARK - 5 - 14 Property Address: Street: 3721 YOSEMITE DR WELD City: WELD Sales Summary Deed Type WD Legal Description Reception # 3483799 HP5-14 L14 BLKS HILL -N -PARK SUB SITUS: 3721 YOSEMITE DR WELD 80634 Land Type Residential Land Subtotal: Abst Code 1112 Bldg# 1 Property Type Residential Improvements Subtotal: Total Property Value Account#: R2689086 Owners Name & Address: STEWART CASSANDRA FAYE 3721 YOSMITE DR GREELEY, CO 80634 Building* 1 Built As: Exterior: Land Valuation Summary Unit of Number of Measure Units Site Buildings Valuation Summary Building Details Actual Value Assessed Value $30,000 $2,390 Actual Value Property Address: Street: 3721 YOSEMITE DR WELD City: WELD Property Type Residential Individual Built As Detail Detached Garage Year Built: Frame Hardboard HVAC: Assessed Value $10,113 $800 $40,113 $3,190 Parcel#: 095926402001 1992 None http: //maps2.merriek.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=09592... 3/17/2009 Identify Results Page 2 of 2 Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: 0 0 1 0 Built As SQ Ft: Roof Type: Roof Cover: 548 Units: 0 Detached SQ Ft: Finished SQ Ft: http: //maps2.merrick. com/W ebsite/W eld/setSq l.asp? cmd=QUERY&DET=PP&pin=09592... 3/17/2009 Identify Results Page 1 of 1 Account#: M1712086 Owners Name & Address: STEWART HAROLD 3721 YOSEMITE DR GREELEY, CO 80634 Business/Complex: Mobile Home Valuation Property Address: Street: 3721 YOSEMITE DR WELD City: WELD Legal Description Parcel#: 095926402001 HP5-14 IMPS ONLY L14 ELKS HILL -N -PARK SUB MOBILE/MODULAR TITLE NO: 03P534121 SERIAL: GC191773LR YEAR: 1973 MAKE: N M SIZE: 24X60 3721 YOSEMITE DR WELD 00000 Land Value Impr. Value Total Value Tax Area: Acres: Sq. Ft.: $0 $14,871 $14,871 Township Range Section Ouart. Sec. 05-66-26-4 Sale Price $9,000 Sale Date 3/14/2006 Land Assessed Value Impr, Assessed Value Total Assessed Value $0 $1,180 $1,180 Bordering County: Subdivison Name Block# Lot# HILL N PARK - 5 - 14 Deed Type MHTL Reception # 03 P432567 http://maps2.merrick.com/Website/Weld/setSgl. asp?cmd=ACCDET&acct=095926402001... 3/17/2009 eRecorded in W County, CO Doc Id: 3483799 06/15/2007 01:26 P Receipt#: 7309059 Page: 1 of 3 Total Fee: $18.30 Steve Moreno, Clerk and Recorder WHEN RECORDED RETURN TO: Name: Harold Eugene Stewart Address: 208 E. Centre Avenue Buckeye, AZ 85326-3110 WARRANTY DEED THIS DEED, made this 13th day of June, 2007, between Joshua J. Schnakenberg and Thomas A. Carpenter whose legal address is 4009 Wapiti Way, Evans CO 80620, grantor, and Harold Eugene Stewart whose legal address is 208 E. Centre Ave., Buckeye, AZ 85326-3110, grantee: WITNESS, that the grantor, for and in consideration of the sum of $23,000.00, 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 grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the said County of Weld and State of Colorado described as follows: Lot 14, Block 5, Hill -N -Park, County of Weld, State of Colorado. also known by street and number as: 3721 Yosemite Drive, Greeley, CO TOGETHER with all and singular the hereditaments and appurtenances thereto 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. STEWART TITLE File Number: 20071175 Stewart Title oftolorado Warranty Deed — Joint Tenants (Individual) Page] of 3 eRecorded in Wl ,ounty, CO Doc Id: 3483799 06/15/2007 01:26 r' Receipt#: 7309059 Page: 2 of 3 Total Fee: $18.30 Steve Moreno, Clerk and Recorder TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. 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 ensealing 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 General taxes for the year 2007 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) In accordance with Section 8a (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8b (Matters not shown by the Public Records) and Section 8c (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property, inclusion of the property within any special tax district; and, the benefit and burdens of any declaration and party wall agreements, if any. 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. File Number: 20071175 Stewart Title of Colntada Warranty Deed — Joint Tenants (Individual) Page 2 of 3 omas A. Carpenter by Joshua J. Schna`kenberg as Attowney in Fact eRecorded in We :ounty, CO Doc Id: 3483799 06/15/2007 01:26 r Receipt#: 7309059 Page: 3 of 3 Total Fee: $18.30 Steve Moreno, Clerk and Recorder STATE OF Colorado COUNTY OF Weld The foregoing instrument was acknowledged before me this 13th day of June, 2007, by Thomas A. Carpenter by Joshua J. Schnakenberg as attorney in fact and Joshua J. Schnakenberg --My commission expires August 23, 2009. Witness my hand and official seal. Not:fry Public: Jennifli- N. Schultt U File Number: 20071175 Stewart Title of Colorado Warranty Deed — Joint Tenant (Individual) Page 3 of 3 r rat et • v. i _ . PA' 441 ere .y L.. 1 Hello