HomeMy WebLinkAbout20092300.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST DANIEL AND KATHLEEN MUTH 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, Daniel and Kathleen Muth, ZCV #0900147, 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 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, Daniel Muth, 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 October 31, 2009, to allow adequate time for the property owners to submit a
zoning permit application and to restore, remove or screen the noncommercial junkyard from all
adjacent properties and public rights -of -way 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 #0900147 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Daniel and Kathleen Muth 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 October 31, 2009, to allow adequate time for the
property owners to submit a zoning permit application and to restore, remove or screen the
noncommercial junkyard to bring the subject property into compliance.
2009-2300
PL0824
Cr/c 7cv-1
VIOLATIONS - ZCV #0900147 - DANIEL AND KATHLEEN MUTH
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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to t
BY
Deputy Clerk to the Bo
APP' : I'D AS
ou y Attorney
David E. Long
Date of signature 9A/49
EXCUSED
William F. Ga
Douglas ademache , Pro-Tem
Sean P. Conway
Bart a Kirkmeyer
2009-2300
PL0824
Violation Summary Report
BASIC INFORMATION
MUTH DANIEL F & KATHLEEN R
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
4102 CR 27 FT LUPTON, CO 80621
Bethany Salzman
ZCV09-00147
4102 CR 27
SE -3 L3 SCHMIDTS ESTATES SITUS: 4102 27 CR WELD 00000
Location
North
South
East
West
East of and adjacent to CR 27 and North of and adjacent to
CR 10 and **within Fort Lupton's IGA**
R-1 (Residential) Zoned Properties and Fort Lupton
Fort Lupton
Agriculturally Zone Properties
Fort Lupton, Agriculturally Zone Properties and
approximately 1/2 East of Hwy 85
Parcel Number: 147108003011-R6212586 Acreage: 1.75
Certified Mail Date: 07/16/2009
Currently the property is in violation of:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than
eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT
which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions.
Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or
greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or
livestock, as long as the number of trips does not exceed sixty (60) per day to and from the
property. When the property is located within an approved or recorded subdivision, or part of a
LOT which is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions, such USE may be permitted through Section 23-4-950 of this Code.
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
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.
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
2009-2300
Violation Summary Report
surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department
of Planning Services.
REMEDY
In order to maintain a COMMERCIAL VEHICLE within the boundaries of a Subdivision, such as Schmidts
Estates, it must be permitted. I noted at least 1 truck and trailer with "A Cut Above" logo on the side.
Furthermore, within the boundaries of a Subdivision, only 1 (one) Commercial Vehicle is allowed to apply.
Additionally, while the presence of a NONCOMMERCIAL JUNKYARD consisting of Derelict Vehicles,
plastic, wood, pallets, barrels and miscellaneous debris is an allowed use within an Agriculturally zoned
subdivision, such as Schmidts Estates, it must be completely SCREENED from all adjacent properties and
public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at all times and evidence of
current registrations shall be submitted to this office.
RECOMMENDATION
The Department of Planning Services recommends this case be forwarded to the County Attorney's Office
for immediate legal action.
LETTER HISTORY
05/07/2009 Complaint Validated
05/07/2009 LTTR: 5 Day Letter
05/19/2009 LTTR: Violation Notice
07/16/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
05/05/2009 Property Inspected
05/11/2009 Phone Call
06/04/2009 Other
06/22/2009 Property Inspected
07/21/2009 Certified Mail Receipt
Upon a visual inspection of the property, the following items
were noted: Crane & an apparent Commercial (short)
enclosed trailer) and a Noncommercial Junkyard consisting
of Derelict Vehicles, plastic, wood, pallets, barrels and
miscellaneous debris. No pictures were taken during this
inspection.
Dan Muth (720-212-5666) called. He said it is working on
removing the items in violation. He stated the crane is
going to an auction facility by June 10th. He said he would
be working on cleaning up the rest of the property. I
advised him that I would be sending him a 30 day letter.
See information in file from the Colorado Secretary of State
for A Cut Above Yard Care, LLC
Upon a visual inspection of the property, the following items
were noted: I noted at least 1 vehicle and trailer with A Cut
Above Yard Care logo on the side. I also noted items
covered tarps. There is still also a large amount of wood,
iron/metal, appliances and miscellaneous debris in the back
yard still visible from adjacent properties and public
rights -of -ways. No pictures were taken during this
inspection.
Certified Receipt received - signed.
iStrig
COLORADO.
July 16, 2009
MUTH DANIEL F & KATHLEEN R
4102CR27
FT LUPTON, CO 80621
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: ZCV09-00147
Legal Description:
SE -3 L3 SCHMIDTS ESTATES SITUS: 4102 27 CR WELD 00000
Dear MUTH DANIEL F & KATHLEEN R:
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 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less
than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a
LOT which is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property
equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods,
equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to
and from the property. When the property is located within an approved or recorded
subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any
regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of
this Code.
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
materials are stored or handled, including but not limited to scrap iron and other metals,
Page 1 of 3
WilDe
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.cous
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
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.
To bring your property into compliance with the Weld County Code:
In order to maintain a COMMERCIAL VEHICLE within the boundaries of a Subdivision, such a
Schmidts Estates, it must be permitted. I noted at least 1 truck and trailer with "A Cut Above"
logo on the side. Furthermore, within the boundaries of a Subdivision, only 1 (one) Commerch
Vehicle is allowed to apply.
Additionally, while the presence of a NONCOMMERCIAL JUNKYARD consisting of Derelict
Vehicles, plastic, wood, pallets, barrels and miscellaneous debris is an allowed use within an
Agriculturally zoned subdivision, such as Schmidts Estates, it must be completely
SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict
Vehicles shall be operational at all times and evidence of current registrations shall be
submitted to this office.
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
Icatri
hiDe
COLORADO
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
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 O
pc: ZCV09-00147
er II
U.S. Postal Service,.,
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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PS Form 3811, February 20
Page 3 of 3
zc)vCR-QD\L-Fl
Document must be filed electronically.
Paper documents will not be accepted.
Document processing fee
Fees & forms/cover sheets
are subject to change.
To access other information or print
copies of filed documents,
visit www.sos.state.co.us and
select Business Center.
M" -Filed
Colorado Secretary of State
Date and Time: 11/24/2008 12:54 PM
ID Number: 20081613067
550.00 Document number: 20081613067
Amount Paid: $50.00
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to 7-80-203 and 4 -go-204 of the Colorado Revised Statutes (C.R.S.)
I. The domestic entity name of the limited liability company is
A Cut Above Yard Care LLC
(The name ol'a limited liability company must contain the term or abbreviation
"limited liability company", "ltd. liability company". "limited liability co. ". "ltd.
liability co_ ". "limited". "l.I e. ". "llc ". or "hi". See §7-90-601.
(Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2. The principal office address of the limited liability company's initial principal office is
4102 WCR 27
Street address
Mailing address
(leave blank if same as street address) (Street number and name or Post Once Box information)
(Street number and name)
Fort Lupton CO 80621
(City)
($tale (ZIP/Postal Code)
United States
(Province— if applicable) (Cowmy)
(City)
(State) (ZIP/Postal Code)
(Province - il'applicable) (County)
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name
(if an individual)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Street address 4102 WCR 27
Muth Daniel
(Last) (First)
(Middle) (Sulks)
ARTORG LLC
(Street number and name)
Fort Lupton
(City)
Co 80621
(State) (ZIP Code)
Page I of 3 Rev. 02/28/2008
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
(Cite)
CO
(State)
(i/ief)(lowing statement is adopted by marking the box)
In The person appointed as registered agent has consented to being so appointed.
(ZIP Code)
4. The true name and mailing address of the person forming the limited liability company are
Name
(if an individual)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
21215 Burbank Blvd., Suite 400
Record
(Last)
Meghan
(First)
(Middle) (Suffix)
Mailing address
(Street number and name or Post Office Box information)
Woodland Hills CA 91367
(City)
unifetstates (ZIP/Postal Code)
(Province —if applicable) (Courant)
(Ifthe following statement applies. adopt the statement by marking the box and include an attachment.)
❑ The limited liability company has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5. The management of the limited liability company is vested in
(Mark the applicable box.)
❑ one or more managers.
OR
In the members.
6. (Ihe following sstatement is adopted by marking the box.)
In There is at least one member of the limited liability company.
7. (If the fallowing statement applies. adopt the statement br marking the box and include an attachment.)
❑ This document contains additional information as provided by law.
8. (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.)
(If the following statement applies, adapt 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
fmm/dd/vyyy hour_minute am/pm)
ARTORCi LLC
Page 2 or Rev. 02/28/2008
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.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
Record Meghan
21215 Burbank Blvd., Suite Middle) (Suffix)
(Street number and name or Post Office Box information)
Woodland Hills CA 91367
(City)
(State) (ZIP/Postal Code)
United States .
(Province —if applicable) (Country)
(If the Pollowing 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 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).
ARTORG_I.1 e
Page 3 of 3 Rev. 02/28/2008
hiDe
COLORADO
May 19, 2009
MUTH DANIEL F & KATHLEEN R
4102CR27
FT LUPTON, CO 80621
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: ZCV09-00147
Legal Description: SE -3 L3 SCHMIDTS ESTATES SITUS: 4102 27 CR WELD 00000
Dear: MUTH DANIEL F & KATHLEEN R :
The uses on the above described property are being considered as a zoning code violation of
Sections of the Weld County Code. Currently your property is in violation of the following Section(s)
of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than
eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT
which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions.
Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or
greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or
livestock, as long as the number of trips does not exceed sixty (60) per day to and from the
property. When the property is located within an approved or recorded subdivision, or part of a
LOT which is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions, such USE may be permitted through Section 23-4-950 of this Code.
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
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.
Page 1 of 2
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@comeld.co.us
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.
To bring your property into compliance with the Weld County Code:
In order to maintain a COMMERCIAL VEHICLE within the boundaries of a Subdivision, such
as Schmidts Estates, it must be permitted. Furthermore, within the boundaries of a
Subdivision, only 1 (one) Commercial Vehicle (a crane) are allowed to be permitted. After
our phone discussion on May 11, 2009, it is my understanding that you intend to have it
removed by June 10th; however, if you change your mind and decide to keep it, the Zoning
Permit for a Commercial Vehicle (ZPCV) application would be an option for 1 (one)
Commercial Vehicle. All other Commercial Vehicles (enclosed short trailer) shall be
removed from the property.
Additionally, while the presence of a NONCOMMERCIAL JUNKYARD consisting of Derelict
Vehicles, plastic, wood, pallets, barrels and miscellaneous debris is an allowed use within
an Agriculturally zoned subdivision, such as Schmidts Estates, it must be completely
SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict
Vehicles shall be operational at all times and evidence of current registrations shall be
submitted to this office.
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
06/19/2009, 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,
Bethany Salz tTan
Zoning Compliance Officer II
pc: ZCV09-00147
Page 2 of 2
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
May 07, 2009
MUTH DANIEL F & KATHLEEN R
4102CR27
FT LUPTON, CO 80621
Case: ZCV09-00147
Legal Description: SE -3 L3 SCHMIDTS ESTATES SITUS: 4102 27 CR WELD 00000
Dear MUTH DANIEL F & KATHLEEN R:
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:
In order to maintain a COMMERCIAL VEHICLE within the boundaries of a Subdivision, such
as Schmidts Estates, it must be permitted. Furthermore, within the boundaries of a
Subdivision, only 1 (one) Commercial Vehicle (a crane) are allowed to be permitted. All
other Commercial Vehicles (enclosed short trailer) shall be removed from the property. For
your convenience, I have enclosed the appropriate permit (Zoning Permit for a Commercial
Vehicle).
Additionally, while the presence of a NONCOMMERCIAL JUNKYARD consisting of Derelict
Vehicles, plastic, wood, pallets, barrels and miscellaneous debris is an allowed use within
an Agriculturally zoned subdivision, such as Schmidts Estates, it must be completely
SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict
Vehicles shall be operational at all times and evidence of current registrations shall be
submitted to this office.
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
tArri
hiDe
COLORADO
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
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.
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.
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: ZCV09-00147
I Print Form
ZONING PERMIT COMMERCIAL VEHICLE (ZPCV) SUBMITTAL CHECKLIST
APPLICATION REQUIREMENTS:
One original application form plus two copies
One original drawing plus two copies. A scaled drawing of the property (1"=50') needs to show where the
proposed commercial vehicle will be parked on the property. Include distances between the property lot
lines and proposed accessory structure and all other existing structures on the property; access to the
property (indicate whether it is existing or proposed); County, State, or Federal road rights -of -way; amount
of road frontages; location and measurements of any easements; and any proposed structures to be
located on the property.
One original Weld County Road Access Information Sheet plus one copy
One original questionnaire plus two copies
One copy of deed or legal instrument identifying applicant's interest in the property. Copy of recorded
instruments may be obtained from Weld County Clerk and Recorder's Office or a title or abstract company.
One copy of affidavit and certified list of the names, addresses and the corresponding Parcel Identification
Number assigned by the Weld County Assessor of the owners' of properly (the surface estate) within 500 feet of
property being considered. This list shall be compiled from the records of the Weld County Assessor, the
Weld County Website, www.co.weld.co.us., or a person qualified to do the task, and shall be current as of a
date no more than thirty days prior to the date the application is submitted to the Department of Planning
Services.
Application fee $75.00
$37.50 investigation fee. If there is an associated violation which has been presented to the Board of County
Commissioners through the Violation Hearing process, the investigation fee shall be fifty percent of the fee
established by separate action by the Board of County Commissioners for land -use applications shall be
assessed. The payment of such investigation fee shall not relieve any persons from fully complying with the
requirements of the Weld County Code, nor from any other penalties.
One each of the application and scaled drawing shall be collated into two complete application packets and
bound with binder clips or paper clips only. The original copies shall be placed in one packet (includes
additional items below if applicable). Applications bound in any other fashion than binder or paper clip will
be returned to the applicant without review. Additional required information shall be kept separate to be
collated by Planning Staff. The Department of Planning Services may request additional information,
application packets and/or fees that will aid in the review of the Zoning Permit application.
Updated 91-28-09
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R6212586 Parcel#: 147108003011
Tax Area: 3686 Bordering County:
Acres: 1.67
Township Range Section Quart. Sec.
01 - 66 - 08 - 0
Owners Name & Address:
MUTH DANIEL F &
4102 CR 27
FT LUPTON, CO 80621
Additional Owners:
MUTH KATHLEEN R
Business/Complex:
Sale Date
10/31/2005
Sale Price
$208,500
Subdivison Name Block# Lot#
SCHMIDTS ESTATES - - 3
Property Address:
Street: 4102 27 CR
City:
Sales Summary
Deed Type
WD
Legal Description
Reception #
3337324
SE -3 L3 SCHMIDTS ESTATES SITUS: 4102 27 CR WELD 00000
Land Type
Residential
Land Subtotal:
Bldg#
1
2
Abst Code
1112
Property Type
Residential
Out Building
Improvements Subtotal:
Total Property Value
Land Valuation Summary
Unit of Number of
Measure Units
Acres 1.67
1.67
Buildings Valuation Summary
Actual Value
$66,800
Actual Value
$120,908
$187,708
Assessed
Value
$5,320
Assessed
Value
$9,620
$14,940
Building Details
Account#: R6212586 Parcel#: 147108003011
Owners Name & Address:
MUTH DANIEL F &
4102 CR 27
FT LUPTON, CO 80621
Building#
1
Property Type
Residential
Property Address:
Street: 4102 27 CR
City:
http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1471O8... 5/6/2009
Identify Results Page 2 of 2
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Bi Level
Frame Hardboard
Drywall
2
3
2
6
Individual Built As Detail
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
1977
Forced Air
992
Composition Shingle
Units: 0
368 Detached SQ Ft: 0
816 Finished SQ. Ft: 816
Account#: R6212586 Parcel#: 147108003011
Owners Name & Address:
MUTH DANIEL F &
4102 CR 27
FT LUPTON, CO 80621
Building#
2
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Property Address:
Street: 4102 27 CR
City:
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:
1985
None
408
Units: 0
Detached SQ Ft:
Finished SQ Ft:
http: //maps2.merri ck.com/ W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1471O8... 5/6/2009
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10is Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
ZONING CODE COMPLAINT X StafI7Namc: 1sef O Citizen ❑ Other:
❑ HEALTH DEPARTMENT Citizen's Name (If known)
❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known):
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS / PEST B WEEDS
Date Complaint was received: 5 -CM -
Pending Case # (i.e. USR, RE, SE, ect...):
Legal Description
?; St rcMdi{5 Fr aken Parcel #: W-1k'erR'l -CO-011
Violation Address: LILDa ejlAl
Property Owners Name
O4111 t e \ -F & Kackhicen L
Property Owners Address:
Tenant's Name:
Phone:
i k Inptnn 1 Lb apt 97A
Tenant's Address:
Phone:
NATURE OF COMPLAINT:
Additional Notes:
1111111111111111111111111111111111111111111 o1111IIII
O
1 of 1811/0312005
6.00 D 20.85 Steve Moreno P Weld Clerk & Recorder
324
WARRANTY DEED
THIS DEED, Made this 31st day of October, 2005 between
Catherine A. Major
of the County of Weld and State of COLORADO, grantor, and
P Daniel F. Muth and Kathleen R. Muth 72J
whose legal address is 4102 County Road 27, Fort Lupton, CO 80621,
of the County of Weld, Slate of Colorado, grantees:
WITNESS, That the grantor, for and in consideration of the sum of Two Hundred Eight Thousand Five
Hundred Dollars and NO/100's, ($208,500.00),
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 die County of Weld, and State of COLORADO, described as follows:
Lot 3, together with and subject to the 50 foot ingress and egress easement. SchmidFs Estates. a part of the
Southwest Quarter of Section 8, Township I North, Range 66 West of the 6'h P.M. County of Weld,
State of Colorado. 5*
aD.Fr�
also known by street and number as 4102 Weld County Road 27, Fort Lupton, CO 80621
TOGETHER with all and singular the haeditaments and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, runs, 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 hereditammts and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,
unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal
representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that
at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed,
has good, sure. perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good
right, hill 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 into the Title Documents accepted by Buyer in accordance with
section 8a "Title Review", of the contract dated October 17, 2005, between the parties.
The grantor shall and will WARRANT AND FOREVER DEFEND die above -bargained premises in the
quiet and peaceable possession of the grantees, their 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.
SELLER:
Catherine A. Major
STATE OF COLORADO }SS:
COUNTY OF Weld
The foregoing instrument was acknowledged before me this 31st day of ober, 2005 by Catherine A.
Major
C__
Witness my hand and official seal.
My Commission expires: September 18, 2007
A. r,iiineL
Notary Publi:
t-3fs of Coiorz;;
wenT
Warranty Deed to Joint Tenants
4
Security Title
File No. S00 04713
irrse_____Teneeernan
i ._..o _7_, _____ ,
61
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