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HomeMy WebLinkAbout20092939.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONER REGARDING VIOLATION ZCV #0900251 AGAINST 3JE, LLC, AND NB INVESTMENTS, LLC, 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, 3JE, LLC, and NB Investments, LLC, ZCV#0900251, 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, James Anglin, 3JE, LLC, and Jack Dillon, NB Investments, LLC, were present at said hearing, and WHEREAS, the Board deems it advisable to refer said matter back to the Department of Planning Services, in order to allow the property owners adequate time to resolve the matter with staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0900251 against 3JE, LLC, and NB Investments, LLC, be, and hereby is, referred back to the Department of Planning Services, in order to allow the property owners adequate time to resolve the matter with staff. CC' ; V o 2009-2939 PL0824 70(O7 VIOLATIONS - ZCV #0900251 - 3JE, LLC, AND NB INVESTMENTS, LLC, 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. ATTEST: Weld County Clerk to t BY: Deputy Cler to the Boa "'-✓ un y Attorney Date of signature. BOARD OF COUNTY COMMISSIONERS W : IQTY, COLORADO W�II`m Gar% Chair Douglas2 La VRademacher, Pro -Tern Sean P. Conway 2009-2939 PL0824 \"elation Summary Rer rt BASIC INFORMATION Compliance Officer: Bethany Salzman Violation Number: ZCV09-00251 Situs Address: 1611 VISTA VIEW DR Lot #1 3JE LLC 1611 VISTA VIEW DRLONGMONT, CO 80504 Legal: VCC L7 BLK1 VISTA COMMERCIAL CENTER SITUS: 1611 VISTA VIEW DR WELD 0 Parcel Number: 131308101007-R7043498 Acreage: 1.17 Lot #2 NB INVESTMENTS 4325 HILLTOP DRLONGMONT, CO 80504 Legal: VCC L6 BLK 1 VISTA COMMERCIAL CENTER Parcel Number: 131308101006-R7043398 Acreage: 1.17 Location: Location South of and adjacent to Hwy 119 and East and West of CR 3.5 and within Longmont's IGA and the MUD North Lifebridge PUD South Longmont Municipal Limit and an Agriculturally Zoned parcel East Agricultural Zoning West Longmont Municipal Limit Certified Mail Date: 10/21/2009 Received: 10/26/2009 (Signed — Lot 2) 10/28/2009 (Returned — Lot 1) 11/02/2009 (Re -sent to Lot 1) Currently the property is in violation of: Chapter 23, Article 11(2), Division 3 "Site Plan Review" Section 23-2-150 "Intent and applicability." Section 23-2-150.C "No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered in any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planning Services." Section 23-2-150.L "Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map. Major changes from the approved Site Plan Review map shall require the approval of an amendment of the Site Plan Review map by the Department of Planning Services. The Department of Planning Services is responsible for determining whether a major change exists. Any changes shall be filed in the Department of Planning Services with the Site Plan Review file." REMEDY As I indicated in my initial letter, my records indicate that a Site Plan Review application was submitted in 2005 and a plat later recorded (SPR-391) for a vehicle repair and service center. A recent inspection revealed that parking has over grown the property and an adjacent property has become a re -occurring parking lot. This is not an approved use through SPR-391. Either the parking shall cease to occur on the adjacent property or an amended Site Plan Review application shall be submitted to this office for review. For questions, I recommend you speak with one of our On -Call Planners. Please call ahead (970-353-6100 Ext. 3540) so a sufficient amount of time can be set aside to discuss this non-compliance issue with you. To better serve you please bring this letter with you. 2009-2939 \''Dlation Summary Rer rt RECOMMENDATION The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 08/20/2009 Complaint Validated 08/20/2009 LTTR: 5 Day Letter 09/01/2009 LTTR: Violation Notice 10/21/2009 LTTR: Hearing Notification OTHER CASE HISTORY 07/06/2009 Property Inspected 09/09/2009 Property Inspected 10/08/2009 Property Inspected 10/26/2009 10/28/2009 11/02/2009 11/02/2009 Certified Mail Receipt Certified Mail Receipt Other Phone Call Kim Ogle inspected and the following items were noted: parking has expanded to the adjacent property. See pictures dated 07/06/09. Upon a visual inspection of the property, the following items were noted: I counted 11 (eleven) vehicles on the adjacent lot (to the East). No pictures were taken during this inspection. Upon a visual inspection of the property, the following items were noted: there were still multiple derelict vehicles situated on the property adjacent to the East of this property. It also appears as though a second business has occupied the North 1/2 to 1/4 of the building. See pictures dated 10/08/09. Certified Receipt received - signed **NB Investments, LLC Certified Receipt received "Insufficient Address - Unable to Forward". Left out "View" Re -Sent Certified Violation Hearing Notification to: 1611 Vista View Dr, Longmont, Co 80504 Jack Dillon (One Stop) called. He said his mailing address is 1611 Vista View Dr. He said he owns the adjacent lots and has been parking vehicles there and just received a letter from me stating that he needed to call. I advised him that I have been sending letters since August. He apologized and said they didn't find their way to him. We discussed the Pre -Application Review form. I offered to e-mail or fax. He asked me to fax the application to 970-652-0426 (fax). He said his phone number is 303-775-1279. We discussed the need for him to return it by today or tomorrow (via fax) since they are scheduled for a Violation Hearing next week. I told him to call with any questions. **************************************************************************************************** P.01 * TRANSACTION REPORT NOV-02-2009 MON 11:32 AM * * FOR: WELD COUNTY PLANNING 970 304 6498 * SEND * DATE START RECEIVER TX TIME PAGES TYPE NOTE MO DP * * NOV-02 11 31 AM 96520426 **'**" 0 FAX TX BUSY 242 Atc * TOTAL : OS PAGES: 0 **************X*************************U********************************************************** *PR FAX TRANSMISSION DEPARTMENT OF PLANNING SERVICES Compliance 91 OH FFFFICICt Division NORTH O\�\ , ?i .10 E GREELEY, CO 80631 A ��� E-mail Address: bsalzmanOco.weld.co.us t2 PHONE: (970) 353-6100, Eat 3555 Website: WWW.CO.WELD.CO.US 4 L: �1 To: Jack Dillon Date: November 2, 2009,�'�(_ /�L�'�/ Fax: 970.652-0426 Pages: 3, including this cover page \4); \vy''' �` ,_7' Phone: 303-775-1278 From: Zoning Compliance Officer bsalzmanaco weld,co.us Ne{ Bethany Salzman Subject: ZCV09-00251 COMMENTS: Please see the following Pre -Application Review Request form. As we discussed, please do not hesitate to contact me with any questions. Thank -you CONFIDENTIAL Ale tenlm uteri rorb -^Mh i git-I M ,nl -- mmnn,r h confdenbel and esemot from disclosure underepplleable kw. It he reader of this fetelmae is not the Intended redolent nor the employee or agent responsible for delivering the facsimile to he Intended redolent. you are herebynobied that nay dteeeninathn. distribution or copying of title communication le strictly prohibited. If you have received this communication In error, please notify us immediately by telephone and realm the orgmei message to us at he above address vie the U.S. Postal Seine. Thanle you. *******n*m*t*nnn*mm******n*****n***************************************Wuu*******W********** W P.01 W TRANSACTION REPORT W NOV-02-2009 MON 11 33 AM W W FOR: WELD COUNTY PLANNING 970 304 6498 W W W SEND W * DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP * NOV-02 11:32 AM 919706520426 WW'WW" 0 FAX TX BUSY 243 W W TOTAL : OS PAGES: 0 W WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW FAX TRANSMISSION DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 lam Street GREELEY, CO 80631 small Address: psslzmantthco.weld.cc.us Website: WWW.CO.WELD.CO.US PHONE: (970) 353-6100, Ext. 3565 FAX: (970) 304-6498 To: Jack Dillon Fax; 970-652-0426 Phone: 303-715-1279 From: Bethany Salzman Zoning Compliance Officer bsalzrnaneco.weld.co.us Subject: ZCV09-00251 COMMENTS: Date: November 2, 2009 Pages: 3, including this cover page Please see the following Pre -Application Review Request form. As we discussed, please do not hesitate to confect me with any questions. Thank -you CCNPIDPNTIA' This facaimile is intended for Me use of the individual or entity to vMlrh It Is aggressed and may contain information hat Is orlvgned, confidants' and comet from disclosure under applicable law. Ii Me reader of this feuimlle is not the Intended redpint nor the employee or agent responsible for delivering the fealmlle a the Intended reliant you am hereby notified that naydleaernlnaton, distribution of copying of Mh communication Is shirty prohibited. If you have received this communication in error, please notify us Immedlatey by telephone and ream the original message to us at the above address via the U.S. Postal semce. Thenl$ you. FAX TRANSMISSION DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 E-mail Address: bsalzman(a�co.weld.co.us Website: WWW.CO.WELD.CO.US PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 To: Fax: Phone: From: Subject: COMMENTS: Please see the following Pre -Application Review Request form to contact me with any questions. Thank -you Jack Dillon 970-652-0426 303-775-1279 Bethany Salzman Zoning Compliance Officer bsalzman(a�co.weld.co.us ZCV09-00251 Date: November 2, 2009 Pages: 3, including this cover page As we discussed, please do not hesitate CONFIDENTIAL This facsimile is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged confidential and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that nay dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. Print Form Submit by Email WELD COUNTY PRE -APPLICATION REVIEW REQUEST The pre -application request is the preliminary review of a land use proposal. Pre -application reviews are required prior to beginning the application process; however, this review is not an application. Pre -application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. Pre -Application reviews are held Thursday and Friday of any given week in the Greeley office. To be on the pre -submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map delineating the property location, in addition to the other items listed. The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre -application review request. Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Phone: roaertv Information: Email: Address: Project Description: Fax: 970-652-0426 Section -Township - Range 58 T2N R68W Zoning C-3 / I-1 Parcel Number 1313-08-1-01-006 Acreage 1.17+7 - Site Address Water Source Legal Description Lot 6, BLock 1, Vista Commercial Center Sewer Owner Name NB Investments LLC s this property currently in violation? FR Yes j'" No Case Number ZCV09-00251 Preferred date and time for meeting: Office Use Only Project Title: Description: Review Date: Meeting Date/Time: Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: To view the Weld County Code, please go to www.co.weld.co.us, FOR (SPR) SITE PLAN REVIEWS: ❑x Brief project narrative explaining request ❑x Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual building elevations ❑ Conceptual landscape plan FOR (USR) USE BY SPECIAL REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan I FOR (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): Brief project narrative explaining request Exhibit showing desired changes to be made Location map showing property, surrounding area and adjacent uses Conceptual zoning map showing current and proposed zoning Conceptual site plan showing all structures, parking, nearby roads, and driveway access Existing contours and proposed grades Conceptual drainage Conceptual landscape plan Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Identify Results Page 1 of 1 Account*: R7043398 rocrearriorporricrocar orwarrrearxttmwv.. _ Tax Area: 2342 Acres: 1.17 Township Range Section Quart. Sec. 02-68-08-1 WELD COUNTY ASSESSOR PROPERTY PROFILE 4,1a, '115.3M,V114.,.W.tleMBMIYOSI5tW1,41,49. Owners Name & Address: NB INVESTMENTS LLC 4325 HILLTOP DR LONGMONT, CO 80504 Business/Complex: Sale Date 12/19/2003 Bordering County: Parcel*: 131308101006 Subdivison Name Block* Lots VISTA COMMERCIAL CENTER FG#1 CORR - 1 - 6 Property Address: Street: City: Sales Summary Sale Price Deed Type $172,500 WD Legal Description Reception N 3138170 tattOleYetFP VCC L6 BLK1 VISTA COMMERCIAL CENTER Land Type Commercial Land Subtotal: Abst Code 0200 Land Valuation Summary Unit of Number of Measure units Square Feet 50748 Actual Value 50748 $93,379 No Buildings on Parcel Assessed Value $27,080 http: //maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13130... 11/2/2009 Identify Results Page 1 of 1 Account#: R7093298 Tax Area: 2342 Acres: 1.27 Township Range Section Quart. Sec. 02-68-08-1 Owners Name & Address: NB INVESTMENTS LLC 4325 HILLTOP ROAD LONGMONT, CO 80504 Business/Complex: Sale Date 3/17/2008 WELD COUNTY ASSESSOR PROPERTY PROFILE Sale Price $235,000 Bordering County: Parcel#: 131308101005 Subdivison Name Block* Lot# VISTA COMMERCIAL CENTER FG41 CORR - 1 - 5 Property Address: Street: City: Sales Summary Deed Type Reception # WD 3542700 Legal Description VCC L5 BLK1 VISTA COMMERCIAL CENTER Land Type Commercial Land Subtotal: Abst Code 0200 Land Valuation Summary Unit of Number of Measure Units Square Feet 55332 Actual Value 55332 $101,814 No Buildings on Parcel Assessed Value $29,530 http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13130... 11/2/2009 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 October 21, 2009 3JE LLC 1611 VISTA DR LONGMONT, CO 80504 NB INVESTMENTS LLC 4325 HILLTOP DR LONGMONT, CO 80504 Case: ZCV09-00251 Legal Description: VCC L7 and L6 BLK1 VISTA COMMERCIAL CENTER SITUS: 1611 VISTA VIEW DR WELD 0 Dear 3JE LLC: 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 11(2), Division 3 "Site Plan Review" Section 23-2-150 "Intent and applicability." Section 23-2-150.C "No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered in any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planning Services." Section 23-2-150.L "Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map. Major changes from the approved Site Plan Review map shall require the approval of an amendment of the Site Plan Review map by the Department of Planning Services. The Department of Planning Services is responsible for determining whether a major change exists. Any changes shall be filed in the Department of Planning Services with the Site Plan Review file." To bring your property into compliance with the Weld County Code: /41itc YI1�Dc 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 As I indicated in my initial letter, my records indicate that a Site Plan Review application was submitted in 2005 and a plat later recorded (SPR-391) for a vehicle repair and service center. A recent inspection revealed that parking has over grown the property and an adjacent property has become a re -occurring parking lot. This is not an approved use through SPR-391. Either the parking shall cease to occur on the adjacent property or an amended Site Plan Review application shall be submitted to this office for review. For questions, I recommend you speak with one of our On -Call Planners. Please call ahead (970-353-6100 Ext. 3540) so a sufficient amount of time can be set aside to discuss this non-compliance issue with you. To better serve you please bring this letter with you. 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. Sipcerely, ethany SalIman Zoning Compliance pc: ZCV09-00251 fficer II -D _o 0 u- m Ili r9 C O C C H C C U.S. Postal Service, , CERTIFIED MAIL.. RECEIPT ",(Domestic Mail. Only; No Insurance Coverage Provided).., _..: Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here Sent To 3SE' LLL I Street. Apt. No.; or PO Box No. I City State, ZIPa4 • C. US. Postal Service. CERTIFIED MAILTM RECEIPT rn r C m to ra C C C 0 .n rH rH to C C r ■ ■ mc v 4.2 `o o_ 2 e E I] a«d I cc o ❑0❑ a • 73 T 0 4? O I— C '8 Ito 0 m C lr rn I] a C C 7005 1160 Domestic Return Receipt 0 0 N r u v n 2 m N LL N co c▪ o Z m cp C) C E i t to a (Domestic Mail Only; No Insurance Coverage Provided) +or delivery information visit our websiteat www.uspscome Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ Sent To c x b T-nL okreil ` Street, Apt No; PO Pox No Gil ; State. ZIPt Postmark Here 1 a Dear 3JE LLC: The property refere meeting with the Bc E- 2 O N v O U V qo J Z -W LTA Z co W N0'Li ay ° 111 COLOR. October 21, 2009 3JE LLC 1611 VISTA DR LONGMONT, CO NB INVESTMENTS 4325 HILLTOP DR LONGMONT, CO Case: ZCV09-0025 Li z z z a. a 0 Legal Description: E— [1.1 E- E- 0 o) t C0-D, m u%v tJ U te-U 2 r� 0 2 o ID CO 0 5N ri^ rn L+7, 7005 1160 0001 11/10/2009 11 The above mention Code: Chapter 23, A Section 23-2 Section 23-2 occupancy, dT any zone distr by the Depart Section 23-2-' the Site Plan l ._ _ _ _ _ _ , require the approval of an amendment of the Site Planning Services. The Department of Planning whether a major change exists. Any changes sh Services with the Site Plan Review file." Kaire- C 0 CO nag mina allO U m w o U LL to is. so C " w 8W Lu L -I C, ,1 O 0 'y 0 .4 o 0 0 4 Cl o = UMQ G! 0003 ZnIr !no L L , r f _ ozo -_ il I_Un- n H ZULI C) IN DLO Ui = 0 I_LC -! _ C) LID M = MNJ -+ 2 .a H O53 w C H H :Z U U tit DEPARTMENT 5 ;o. us 1611 :heduled a 3Id County se or type of altered in an approved ns shown on map shall Plan Review map by the Department of Services is responsible for determining all be filed in the Department of Planning To bring your property into compliance with the Weld County Code: M1 0 ru Er m t�l O 0 O C -D rR ra O O U.S. Postal Service°, CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage 8 Fees Sent 1'o Street, Apt N or PO Box No. 11 ..I Postmark Here Document Processing Fee If document is filed on paper: If document is filed electronically: Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sosstate.co.us and select Business Center. Paper documents must be typewritten or machine printed. -Filed S150.00 $100.00 Colorado Secretary of State Date and Time: 10/06/2008 04:40 PM ID Number: 20061449645 Document number: 20081533275 Amount Paid: $100.00 ABOVE SPACE FOR OFFICE USE ONLY Statement Curing Delinquency filed pursuant to §7-90-904 of the Colorado Revised Statutes (C.R.S) I . For the delinquent entity, its ID number, entity name and jurisdiction of formation are 20061449645 ID number Entity name Jurisdiction where formed (Colorado Secretary of State ID number) 3JE, LLC Colorado 2. By providing the information required herein, this statement corrects all grounds for delinquency cited by the secretary of state. 3. The registered agent name and registered agent address of the registered agent are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name). Anglin James R. (Last) (Firs!) (Middle) (Suffix) The person appointed as registered agent above has consented to being so appointed. 1611 Vista View Drive Street address Mailing address (leave blank if same as street address) (Street number and name) Longmont CO 80504 (City) (State) (Zip Code) (Street number and name or Post Office Box information) (City CO (State) (Zip Code) (If the following statement applies, adopt the statement by marking the box.) ❑ The mailing address in the records of the Secretary of State is no longer different than the street address and is no longer required. CURE DLQ Page 1 of3 Rev. 01/01/2008 4. The principal office address of the entity's principal office is 1611 Vista View Drive Street address Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (Street number and name) Longmont (City) CO 80504 United States(Postauzip Code) (Province— if applicable) (Country- if not US) (City) Unlit e)StateS (Postal/Zip Code) • (Province— if applicable) (Country— if not US) (lfthe following statement applies, adopt the statement by marking the box.) ❑ The mailing address in the records of the Secretary of State is no longer different than the street address and is no longer required. S. (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ This document contains additional information as provided by law. 6. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) Of the following statement applies, adopt the statement by entering a date and, if applicable. time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour:minute am/pm) Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 7. The true name and mailing address of the individual causing the document to be delivered for filing are CURE DLQ anglin james r. 1611 Vigfwt)View Dr. (First) (Middle) (Suffix) (Street number and name or Post Office Box information) Longmont CO 80504 (City) (State) (Postal/Zip Code) (Province— if applicable) (Country— if not US) Page 2 of 3 Rev. 01/0112008 al the following statement applies, adopt the statement by marking the box and include an attachment) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are fumished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). CURE_DLQ Page 3 of 3 Rev. 01/01/2008 (slicrt 11111it COLORADO September 01, 2009 3JE LLC 1611 VISTA DR LONGMONT, CO 80504 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: ZCV09-00251 Legal Description: VCC L7 BLK1 VISTA COMMERCIAL CENTER SITUS: 1611 VISTA VIEW DR WELD 0 Dear: 3JE LLC 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 11(2), Division 3 "Site Plan Review" Section 23-2-150 "Intent and applicability." Section 23-2-150.C "No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered in any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planning Services." Section 23-2-150.L "Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map. Major changes from the approved Site Plan Review map shall require the approval of an amendment of the Site Plan Review map by the Department of Planning Services. The Department of Planning Services is responsible for determining whether a major change exists. Any changes shall be filed in the Department of Planning Services with the Site Plan Review file." To bring your property into compliance with the Weld County Code: As I indicated in my initial letter, my records indicate that a Site Plan Review application was submitted in 2005 and a plat later recorded (SPR-391) for a vehicle repair and service center. A recent inspection revealed that parking has over grown the property and an adjacent property has become a re -occurring parking lot. This is not an approved use through SPR-391. Either the parking shall cease to occur on the adjacent property or an amended Site Plan Review application shall be submitted to this office for review. For questions, I recommend you speak with one of our On -Call Planners. Please call ahead (970-353-6100 Ext. 3540) so a sufficient amount of time can be set aside to discuss this non-compliance issue with you. To better serve you please bring this letter with you. Page 1 of 2 Bethany Salzman Zoning Compliance Officer II pc: ZCV09-00251 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I I 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us 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 10/01/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Page 2 of 2 August 20, 2009 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 3JE LLC 1611 VISTA DR LONGMONT, CO 80504 Case: ZCV09-00251 Legal Description: VCC L7 BLK1 VISTA COMMERCIAL CENTER SITUS: 1611 VISTA VIEW DR WELD 0 Dear 3JE LLC: 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: My records indicate that a Site Plan Review application was submitted in 2005 and a plat later recorded (SPR-391) for a vehicle repair and service center. A recent inspection revealed that parking has over grown the property and an adjacent property has become a re -occurring parking lot. This is not an approved use through SPR-391. Either the parking shall cease to occur on the adjacent property or an amended Site Plan Review application shall be submitted to this office for review. For questions, I recommend you speak with one of our On -Call Planners. Please call ahead (970-353-6100 Ext. 3540) so a sufficient amount of time can be set aside to discuss this non-compliance issue with you. To better serve you please bring this letter with you. 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, 4thi ethany Salzm Zoning Compliance Officer II pc: ZCV09-00251 Page 1 of 1 Identify Results Page I of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7043498 Tax Area: 2342 Acres: 1.17 Bordering County: Parcel#: 131308101007 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 02 - 68 - 08 - 1 VISTA COMMERCIAL CENTER FG#1 CORR - 1 - 7.' ..,.-.,.. ,a.. ...=—.. L -,,. rrdo.i ,n ,,, am„ v.,rzm.,, ..#„ ..,.n..%# -#,b. .acn#in#4 n v/oni #v...am #u9## Owners Name & Address: 33E LLC 1611 VISTA DR LONGMONT, CO 80504 Business/Complex: ANGLIN TRANSMISSIONS Sale Date 3/12/2004 Sale Price $214,900 Property Address: Street: 1611 VISTA VIEW DR WELD City: WELD Sales Summary Deed Type SWD Legal Description Reception # —3162378 VCC L7 BLK1 VISTA COMMERCIAL CENTER SITUS: 1611 VISTA VIEW DR WELD 0 Land Type Commercial Land Subtotal: Bldg# 1 Abst Code 2112 Property Type Commercial Improvements Subtotal: Total Property Value Account#: R7043498 Owners Name & Address: 33E LLC 1611 VISTA DR LONGMONT, CO 80504 Building# 1 Built As: Exterior: Land Valuation Summary Unit of Number of Measure Units Square Feet 51160 51160 Buildings Valuation Summary Building Details Actual Value $230,220 Actual Value $524,126 Property Address: Street: 1611 VISTA VIEW DR WELD City: WELD Property Type Commercial Individual Built As Detail Service Garage Year Built: HVAC: $754,346 Assessed Value $66,760 Assessed Value $152,000 $218,760 Parcel#: 131308101007 2006 Package Unit http://maps2.merriek.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=13130... 8/18/2009 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: 7800 Units: 0 Detached SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13130... 8/18/2009 idat hiDe COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10°i Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: X ZONING CODE COMPLAINT K Staff/Name: ❑ Citizen O Other: ▪ HEALTH DEPARTMENT Citizen's Name (If known): ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known): El BUILDING CODE COMPLAINT ▪ PUBLIC WORKS / PEST & WEEDS Date Complaint was received: Pending Case # (i.e.`U�S,1R_, RE, SE, sect_.): n n z C.Legal Description: Imo& 1.) \,A(;( . r �[ l�J� (rrc n`t 12i fU Parcel f: %3 5' OR,- I i t OUR Violation Address: ViseLam( Property Owners Name: E C1 I IC, Phone: Property Owners Address: V Tenant's Name Tenant's Address Phone: NATURE OF COMPLAINT: P-).A.�q Nat C51 rcipt Lot - ek. =.'vi O 1 iTzY iAI talc Additional Notes: Document Processing Fee If document is filed on paper: If document is filed electronically: Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit \Ww. sos. SUltf.cO.US and select Business Center. Paper documents must be typewritten or machine printed. -Fired $150.00 $100.00 Colorado Secretary of State Date and Time: 10/06/2008 04:40 PM ID Number: 20061449645 Document number: 20081533275 Amount Paid: $100.00 ABOVE SPACE FOR OFFICE USE ONLY Statement Curing Delinquency filed pursuant to ,71-1)0-90-4 of the Colorado Revised Statutes (C.R.S) 1. For the delinquent entity, its ID number, entity name and jurisdiction of formation are 20061449645 ID number Entity name Jurisdiction where formed (Colorado Secretary of Slate IL) number) 3JE, LLC Colorado 2. By providing the information required herein, this statement corrects all grounds for delinquency cited by the secretary of state. 3. The registered agent name and registered agent address of the registered agent are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name). Anglin James R (Last) (First) (Middle) (Suffix) The person appointed as registered agent above has consented to being so appointed. 1611 Vista View Drive Street address Mailing address (leave blank if same as street address) (Street number and name) Longmont (City) Co 80504 (State) (Zip Code) (Street number and name or Post Office Box information) (Qty) CO (Stale) (Zip Code) (ft the following statement applies. adopt the statement by marking the box.) ❑ The mailing address in the records of the Secretary of State is no longer different than the street address and is no longer required. CURE DLQ Page I of 3 Rev. 01 /01 /2008 4. The principal office address of the entity's principal office is 1611 Vista View Drive Street address Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (Street number and name) Longmont (City) CO 80504 Uf itea States (Postal/Zip Code) (Province— if applicable) (Country —if not US) (Cm) Unin'States • (Postal/Zlp Code) (Province - if applicable) (Country if not US) (11 the (allowing statement applies. adopt the statement hr marking the box) ❑ The mailing address in the records of the Secretary of State is no longer different than the street address and is no longer required. 5. (/f the following statement applies. adopt the statement by marking the box and include an attachment.) ❑ This document contains additional information as provided by law. 6. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (lfthe ('allowing statement applies. adopt the statement by entering a date and, il'applicable. lime using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/vv✓y' hour:minute am/pm) Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 7. The true name and mailing address of the individual causing the document to be delivered for filing are CURLD1.(1 anglin fames r. 1611 Vigtw)View Dr. (First) (Middle) (Suffix) (Street number and name or Post Office Box information) Longmont CO 80504 (City) (State) (Postal/Zip Code) (Province - if applicable (Country —if not US) Page 2 of 3 Rev. 01/01/2008 (If the following statement applies. adopt the statement by marking the box and include an attachment.) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to he delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). CURE Page of Rev. 01/01/2008 378 11It u►n 11►►► n►►►► m► 111111 Hull Iti DM 1111111 1 of 1 P 4.09 D 21 49 Steve Moreno Clerk h Recorder SPECIAL WARRANTY DEED THIS DEED, dated MARCH 12, 2004 between HORIZON INVESTMENTS, LLC (A COLORADO LIMITED LIABILITY COMPANY) of the SAID • County of WELD and State of COLORADO ,grantor(s)and JAMES R. ANGLIN AND JANETTA K. ANGLIN, AS JOINT TENANTS WITH RIGHT TO SURVIVORSHIP whose legalxddressis 930 NORTH MAIN STREET LONGMONT, COLORADO 80501 of the SAID County of BOULDER and State of COLORADO ,Branloe(s$ WITNESS, that the grantor(s), for and In consideration of the sum of $214,872.00 DOIlAR5, TWO HUNDRED FOURTEEN THOUSAND EIGHT HUNDRED SEVENTY TWO AND 00/100andThe these DOLLARS. the receipt and sufficiency of which is hereby acknowledged, ha 5 granted, bargained, sold and conveyed, rant s THEIR heirs and assigns forever, all the real property, do ES grant, bargain, sal, convey and confirm unto the grantee(s), ed )• together with improvements, if any, situate, lying and being In the SAID County of WELD and Stale of Colorado, described as follows: (w LOT 7, BLOCK 1, `: VISTA COMMERCIAL CENTER FILING 1, ACCORDING TO THE CORRECTED PLAT RECORDED AUGUST 28, 1997 - IN BOOK 1623 AS RECEPTION NO. 2566006, V COUNTY OF WELD, STATE OF COLORADO. RESERVING UNTO GRANTOR ALL MINERAL RIGHTS INCLUDING ORES, METALS AND MINERALS OF ANY RIND AND CHARACTER INCLUDING RIGHTS TO SAND AND GRAVEL, COAL, AND TO OIL, GAS AND OTHER LIRE SUBSTANCES IN AND UNDER SUCH LAND. GRANTOR, SUCCESSORS AND ASSIGNS AGREES TO NEITHER AUTHORIZE. NOR ENGAGE IN ANY ACTIVITIES RELATED TO DRILLING, EXPLORATION, OR EXTRACTION OF ANY MINERALS OF ANY KIND ON TUE PROPERTY HEREIN CONVEYED. also known by street and number as: 1611 VISTA VIEW DRIVE LONGMONT, COLORADO 80504 assessors schedule or parcel number 131308101007 TOGETHER with all and singular the heralilamenls and appurtenances thereunto belonging, or in anywise ntprertainclaim the reversion demand rents, issues and profits thereof, and all the estate, right, and reversions,eoft eg lari and remainders,or bargained premises with the hercdltamenss and appurtenances; whatsoever EthegmnlaHs), LD thtawid equity, of, inandbargained unto the grantee(s), TO HAVE AND and LIOLD the said premises above bargained and described, rewith the appurle�r personal representatives, heirs assigns forever. The and agree), for covenant agree that THEY shall and will WARRANT AND FOREVER DEFEND the successors and assigns, doheirs and assigns, against all and every above bargained premises in the cruise and peaceable possession of the Bmntce(s). THEIR person or persons claiming the whole or any part thereof, by, through or under the grantor(sy IN WITNESS WItEREOF, the grantor(s) ha executed this deed on the date set forth above Russell Stacey, Jr., .Sink} or C'nlurmlo ger lh i u,urri.. ur Hvpirrs72 21.-2004 STATE OF COLORADO County of BOULDER The foregoing instrument was acknowledged before me this M Lyle E. Dehning, Manager of Horizon Investments, LLC. and Russell Stacey, Jr. Manager of Horizon Investments. LLC. Witness my hmtd,ard official seal My colnmiuio pins: •If in Denvre instil "City •'d 1 1 se 12TH day of MARCH 2004 airy Mune•M Mhk.0 ofPenen Crenlins lady Credal lepinzrlMl^"If I4Jfdaa.5.C ES) Nn. 16. Rev. a -9a. SPBCIAI. 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