HomeMy WebLinkAbout20092390.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST RODNEY SCHMIDT 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, Rodney Schmidt, ZCV #0900159, 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 8th day of September, 2009, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Rodney Schmidt, property owner, was present at said hearing, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon
such referral until November 8, 2009, to allow adequate time for the property owner and the tenant
to restore, remove or screen the noncommercial junkyard from all adjacent properties and public
rights -of -way, and to provide proof of registrations on the remaining 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 #0900159 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Rodney Schmidt to remedy the violation of the Weld County Code,
and any other persons occupying the properties, any persons claiming an interest in the properties,
and any persons acting in active concert with the identified parties, with an instruction for delay of
action upon such referral until November 8, 2009, to allow adequate time for the property owner
and the tenant to restore, remove or screen the noncommercial junkyard from all adjacent
properties and public rights -of -way, and to provide proof of registrations on the remaining vehicles
to bring the subject property into compliance.
C'C,/L. (row
2009-2390
PL0824
PI' L3/o",
VIOLATIONS - ZCV #0900159 - RODNEY SCHMIDT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of September, A.D., 2009.
ATTEST:
Weld County Clerk to th
BY
AP
Deputy Clerk to the Boar
O
n y Attorney
RM:
Date of signature 024?
BOARD OF CQUNNTY COMMISSIONERS
WSD,QQ14J*VXoLORADO
William F. Garcia, Chair
XCUSED
Douglas Rademacher, Pro -Tern
Sean P. Conway
rbara Kirkmeyer
EXCUSED
David E. Long
2009-2390
PL0824
V 'ation Summary Repo
BASIC INFORMATION
SCHMIDT RODNEY J
Tenant:
1873 BLUE MT RD LONGMONT, CO 80504
Compliance Officer: Bethany Salzman
Violation Number: ZCV09-00159
Situs Address: 14200 CR 7
Legal: PT SW4 22-3-68 REC EXEMPT RE -27 EXC EBERL AGRICULTURAL UNIT
DEVELOPMENT (.25R.25D) SITUS: 14200 7 CR WELD
Location: Location East of and adjacent to CR 7 and North of Hwy 66
North Agriculturally Zoned properties and Municipal boundaries of
Mead
South Eberl Subdivision and Municipal boundaries of Mead
East Municipal boundaries of Mead and approximately 1 /2 Mile
West of 1-25
West Municipal boundaries of Mead
Parcel Number: 120722000030-R4761686 Acreage: 19.13
Certified Mail Date: 08/13/2009
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.
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 surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services.
REMEDY
2009-2390
V ration Summary Repc
As I indicated in my initial letter while the presence of a NONCOMMERCIAL JUNKYARD consisting of
DERELICT VEHICLES is an allowed use within an Agriculturally zoned subdivision, such as Eberl
Subdivision, 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. If an opaque fence (such as a wooden privacy fence) is installed or ALL
Derelict Vehicles are removed from the property (not just moved to the back) prior to September 4th (the
7th is a holiday), the above referenced Violation Hearing will be cancelled.
Furthermore I recommend you speak to Dean Lamb (Code Compliance Officer with Mead) to discuss the
continued presence of DERELICT VEHICLES (even if screened) once annexed. Just because it is an
Accessory Use in unincorporated Weld County does not mean the use will be allowed once annexed.
RECOMMENDATION
The Department of Planning Services recommends this case be forwarded to the County Attorneys Office
for immediate legal action.
LETTER HISTORY
06/01/2009
06/01/2009
06/16/2009
08/13/2009
OTHER CASE
05/27/2009
08/13/2009
08/13/2009
Complaint Validated
LTTR: 5 Day Letter
LTTR: Violation Notice
LTTR: Hearing Notification
HISTORY
Property Inspected
Phone Call
Phone Call
Upon a visual inspection of the property, the following items
were noted: there appears to be a couple derelict vehicles.
No pictures were taken during this inspection.
I called Rodney Schmidt (303-718-1432) and advised him
of the Violation Hearing notification coming in the mail
scheduling his property for September 8, 2009 @ 10:00. I
asked him to call if he had any questions.
Rod called right back. He said he spoke to his renter
earlier this week when he went to pick up the rent. He said
his renter assured him the vehicles would be gone by this
weekend. I told him I would re -inspect as soon as I heard
back from him.
August 13, 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
SCHMIDT RODNEY J
1873 BLUE MT RD
LONGMONT, CO 80504
Case: ZCV09-00159
Legal Description:
PT SW4 22-3-68 REC EXEMPT RE -27 EXC EBERL AGRICULTURAL UNIT DEVELOPMENT (.25R.25D)
SITUS: 14200 7 CR WELD
Dear SCHMIDT RODNEY J:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
09/08/2009 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.
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
Page 1 of 2
riatiai;
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
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter while the presence of a NONCOMMERCIAL JUNKYARD
consisting of DERELICT VEHICLES is an allowed use within an Agriculturally zoned
subdivision, such as Eberl Subdivision, it must be completely SCREENED from all adjacent
properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at al
times and evidence of current registrations shall be submitted to this office. If an opaque tenet
(such as a wooden privacy fence) is installed or ALL Derelict Vehicles are removed from the
property (not just moved to the back) prior to September 4th (the 7th is a holiday), the above
referenced Violation Hearing will be cancelled.
Furthermore I recommend you speak to Dean Lamb (Code Compliance Officer with Mead) to
discuss the continued presence of DERELICT VEHICLES (even if screened) once annexed.
Just because it is an Accessory Use in unincorporated Weld County does not mean the use
will be allowed once annexed.
This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a
representative be in attendance to answer any questions the Board of County Commissioners
might have about the violations.
Please also be advised that I will be taking video and/or pictures from the road or adjacent
properties the business day before or as soon as possible to the above mentioned Violation
Hearing date.
The Department of Planning Services' staff will be recommending that the Board of County
Commissioners authorize the County Attorney to proceed with legal action to remedy the
violation. Our records indicate that you were made aware of the nature of the violation including
the action necessary to correct the violation, and that you were given sufficient time to remedy
this violation. If you have any questions concerning this matter, please call me.
Sincerely,
ethany Salzman
Zoning Compliance Officer II
pc: ZCV09-00159
Page 2 of 2
a
a-
m
ru
m
trt
m
N
CI
CI
O
O
Q'
S
a
N
0
a
N
US. Pestal Service TM
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
Ce), State, ZIP+4 /{
,A" L1
[Sent To wY LlaCat P ^..]x,3
Street, Apt. Na.;
Postmark
Here
June 16, 2009
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer I
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@co.weld.co.us
SCHMIDT RODNEY J
1873 BLUE MT RD
LONGMONT, CO 80504
Case: ZCV09-00159
Legal Description: PT SW4 22-3-68 REC EXEMPT RE -27 EXC EBERL AGRICULTURAL UNIT
DEVELOPMENT (.25R.25D) SITUS: 14200 7 CR WELD
Dear: SCHMIDT RODNEY J :
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.
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 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:
Page 1 of 2
AiiikriNNA
W1�Dc
COLORADO
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
As I indicated in my initial letter while the presence of a NONCOMMERCIAL JUNKYARD
consisting of DERELICT VEHICLES is an allowed use within an Agriculturally zoned
subdivision, such as Eberl Subdivision, 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
07/16/2009, 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 Salzan
Zoning Compliance Officer II
pc: ZCV09-00159
Page 2 of 2
‘attattr.
W1YDCCOLORA
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
June 01, 2009
SCHMIDT RODNEY J
1873 BLUE MT RD
LONGMONT, CO 80504
Case: ZCV09-00159
Legal Description: PT SW4 22-3-68 REC EXEMPT RE -27 EXC EBERL AGRICULTURAL UNIT
DEVELOPMENT (.25R.25D) SITUS: 14200 7 CR WELD
Dear SCHMIDT RODNEY J:
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:
While the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT
VEHICLES is an allowed use within an Agriculturally zoned subdivision, such as Eberl
Subdivision, 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
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
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
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: ZCV09-00159
Identify Results Page I of 3
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R4761686
Tax Area: 2325
Acres: 19.5
Township Range Section Quart. Sec.
03-68-22-0
Owners Name & Address:
SCHMIDT RODNEYI
1873 BLUE MT RD
LONGMONT, CO 80504
Business/Complex:
Sale Date
8/18/2006
WV A
Sale Price
$795,000
Parcel#: 120722000030
Bordering County:
Subdivison Name Block# Lot#
Property Address:
Street: 14200 7 CR
City: WELD
Sales Summary
Deed Type Reception #
WD 3414623
Legal Description
PT SW4 22-3-68 REC EXEMPT RE -27 EXC EBERL AGRICULTURAL UNIT DEVELOPMENT (.25R.25D) SITUS: 14200 7 CR WELD
Land Type
Residential
Land Subtotal:
Abst Code
1112
Bldg# Property Type
1
2
3
4
Residential
Out Building
Out Building
Out Building
Improvements Subtotal:
Total Property Value
Land Valuation Summa
Unit of Number of
Measure Units
Acres 19.5
19.5
Buildings Valuation Summary
Actual Value
$390,000
Actual Value
Assessed
Value
$31,040
Assessed
Value
$388,194 $30,900
$778,194 $61,940
Building Details
Account#: R4761686 Parcel#: 120722000030
Owners Name & Address:
SCHMIDT RODNEYJ
1873 BLUE MT RD
LONGMONT, CO 80504
Building#
1
Property Address:
Street: 14200 7 CR
City: WELD
Property Type
Residential
Individual Built As Detail
http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?emd=QUERY&DET=PP&pin=12072... 5/22/2009
Identify Results Page 2 of 3
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
1 1/2 Story Fin
Frame Siding
Drywall
4
4
2
0
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
1880
Hot Water Baseboard
3597
Composition Shingle
0
728 Detached SQ Ft: 0
0
Finished SQ Ft: 0
Account#: R4761686 Parcel#: 120722000030
Owners Name & Address:
SCHMIDT RODNEYI
1873 BLUE MT RD
LONGMONT, CO 80504
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: 14200 7 CR
City: WELD
Property Type
Out Building
Individual Built As Detail
Office -Apartment Year Built: 2006
HVAC: Space Heater
Built As SQ Ft: 1984
O Roof Type:
O Roof Cover:
1
O Units: 0
Detached SQ Ft:
Finished SQ Ft:
Account#: R4761686 Parcel#: 120722000030
Owners Name & Address:
SCHMIDT RODNEYI
1873 BLUE MT RD
LONGMONT, CO 80504
Building#
3
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Property Address:
Street: 14200 7 CR
City: WELD
Property Type
Out Building
Individual Built As Detail
Shed - Utility Year Built:
HVAC:
0
0
1
0
Built As SQ Ft:
Roof Type:
Roof Cover:
1945
None
216
Units: 0
Detached SQ Ft:
Finished SQ Ft:
http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=12072... 5/22/2009
Identify Results Page 3 of 3
Account#: R4761686 Parcel#: 120722000030
Owners Name & Address:
SCHMIDT RODNEYJ
1873 BLUE MT RD
LONGMONT, CO 80504
Building#
4
Built As:
Exterior:
Interior Finish:
It of Baths:
It of Bdrms:
It of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Property Address:
Street: 14200 7 CR
City: WELD
Property Type
Out Building
Individual Built As Detail
Shed - Cattle Year Built:
HVAC:
0
0
1
0
Built As SQ Ft:
Roof Type:
Roof Cover:
1985
None
2208
Units: 0
Detached SQ Ft:
Finished SQ Ft:
http: //maps2.methck.com/W ebsite/W eld/setSgl.asp? cmd=QUERY&DET=PP&pin=12072... 5/22/2009
hiDe
COLORADO
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10'h Street, Greeley, CO 80631
Phone: (97O) 353-6100, Ext. 3540
Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by: Mme,,
)14. ZONING CODE COMPLAINT O Staff/Name'❑ Citizen L Other: 1 \ kC-'( A
❑ HEALTH DEPARTMENT Citizen's Name (If known): t.. ant)
O WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known): MY o -A — C13
• BUILDING CODE COMPLAINT
▪ PUBLIC WORKS / PEST & WEEDS
Pending Case # (i.e. USR, RE, SE. ect...):
Legal Description:
Violation Address
Date Complaint was received: O -I
Lot cc QL--Z'1; oq0C3ZZT3f.3
142co C9_1
Property Owners Name
Property Owners Address:
Tenant's Name:
"P,oCiLviA CC
Parcel N
‘aLn - zz!"L oo- D
Phone:
IS"P)kAt cZzli 1 D , Co TraThq
Tenant's Address:
Phone:
NATURE OF COMPLAINT:
yock1 11 ercccx-, coal bc\v.
Additional Notes:
623 11111111111111111Ilill111111III IIIIIIII III11111111101
3414623 08/2EV2006 02 47P Weld County, CO
1 of 2 R 11.00 D 79.50 Steve Moreno Clerk & Recorder
filed for record the day of A.D. at
Reception No.
o'clock M.
RECORDER
By DEPUTY.
WARRANTY DEED
THIS DEED, Made on this day of August 18, 2006 between
TIMOTHY DEBRINE AND CINDY DEBRINE
of the County of
RODNEY J. SCHMIDT
9 i9 5O
and State of COLORADO , the Grantor(s), and
whose legal address is :14200 WELD COUNTY ROAD 7 MEAD, CO 80542
of the County of WELD end State of COLORADO the Grantee(s):
WITNESS, That the Grantor(s), for and in consideration of the sun of ( $795,000.00 )
••• Seven Hundred Ninety Five Thousand and DO/100 e•e DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the
real property, together with improvements, if any, situate, lying and being in the County of
WELD and State of Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known as street number 14200 WELD COUNTY ROAD 7 HEAD CO 80542
TOGETHER with all and singular and heredltaments 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(s), either in law or equity, of, in and to the above bargained
premises, with the hereditament. and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
his heirs and assigns forever. The Grantor(s), for himself, his hairs and personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the enseat Ing and delivery
of these presents, he is wet Iseized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee sepia, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in Sumer and form as aforesaid, and that the sores are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encutbrances and restrictions of whatever kind or nature saver,
Subject to general taxes for the year 200( and those apeoltla ameptlaar deaerib.d by rat.reaae to recorded documents as
reflected in the Title Documents accepted by Oreeto(s) la accordance with Section Se (Title review) of •ba contract to
Buy and aa11 anal Ietste relating to [be above described property, distribution utility casemate (iacladiag cable TVh
those specifically described rights of third parties not shorn by the public r cord. Of which araatm(a) has actual
knowledge and which were .ccepted by draates(s) in accordance with section lb (Matter. dot Shown by the Publics aaeaon rds) s
seen..seen..ee (survey Review) of the contract to ley and Sell seal setae. relating to the above described real property!
inclusion of the Property within any special tax districts and, Ch. benefit and burdens of any declaration and party wall
agreement.. 1t any end ether S95
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his hairs and assigns, against all and every person or persona lawfully claiming the whole
or any part thereof. The singular numiber shalt include the plural, and the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF the Grantors) has executed this deed on the date sat forth above.
ay, /4^N
STATE OF
COLORADO
County of IODNIID
TX Myr DI➢AS
peg
The foregoing instrument was acknowledged before me on this day of *upset Is, A006
by marry aaaln APO crispy pima
My commission expires '?Y"a(a-0co
Witness M hand and official seal.
and Address
egal Description ( 06.5 C.R.S.)
Escrow# 4125063083- 5j/IIt 'J' - 2 Recorded Return to:RmNEY J. SCNMIDT
FxoileB AgC, 2fi, For 08/29/04
Tile# FC25063083
14200 WELD COUNTY ROAD 7 MEAD, CO 80542
code*,
111'1111 1111 2 5/21 1111 IIIIII III IIIIIIIIIII11111IIII IIII
341466/006 02:47P Weld County,
2 of 2 B 11.00 0 79.50 Steve Moreno Clerk & Recorder
EXHIBIT A
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 3
NORTH, RANGE 68 WEST OP THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OP
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
22 FROM WHICH THE WEST QUARTER CORNER BEARS NORTH 00 DEGREES 43 MINUTES EAST A
DISTANCE OF 1365.00 FEET;
THENCE EAST A DISTANCE OF 2508.28 FEET;
THENCE SOUTH 00 DEGREES 43 MINUTES WEST A DISTANCE OF 521.06 FEET;
THENCE WEST A DISTANCE 07 2508.28 FEET TO A POINT ON THE WEST LINE OF THE
SOUTHWEST QUARTER OP SECTION 2;
THENCE NORTH 00 DEGREES 43 MINUTES EAST ALONG SAID WEST LINE A DISTANCE OP
521.06 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, COUNTY OF WELD, STATE OP
COLORADO.
EXCEPTING THEREFROM, THAT PORTION PLATTED TO EBERL AGRICULTURAL UNIT
DEVELOPMENT RECORDED DECEMBER 18, 1975 AT RECEPTION NO. 1677068
Form EXHIBITA 01/17/03 FC25063083
RE -a7
RECORDED EXEMPTION NO. I2u7-22-3=; =?
VICINITY MAP
SCALE: P;
�W S.W. I/4 SEC_22
- 521.06' H.000131 -.
STATE -H 66
January 30,1977
Owners, Gene F. and Alberta L. Eberl<<—
Pt ! Box 253
Lon.gxcnt, Colorado 80501 Z
- 260 53 - 260 53
—IS3/n
Q6'IL91 —1Sb3
Kb
PARCEL
10-00
ACRES
N.00`<.3'E.
260 53
ZD�
SCALE' 1.300'
a
PARCEL
0
20_00
ACRE S
- 1365.00-
I/4 COR,
SEC. 22
T.3N. 1368w
6TH. -PM.
ra
4a L)e
0 S 7
A tract of land located in the Southwest t of
Section 22, T.3 N., R.68 Y. of the 6th. P.M.,
Veld County, Colorado, being more particularly
described as follows, beginning at a point on
the Lest line of the said Southwest -i of Section
22 from which the West ; corner of said Section
22 bears N,00°43'E, a distance of 1;65.00 feet,
all bearings used herein relative to this line
and do not necessarily reflect true meridian,
thence Fast a distance of 2508.28 feet: thence
5,00°45'W. parallel to the said West line a
distance of 41.06 feet: thence 'Vest a distance
of 2508,28 feet to a point on the said 'lest
line; thence N,00°43'E. along said 'test line
a distance of 521.06 feet more or less to the
point of beginning, subject to any existing
easements or rights of way of record. Said
tract contains 70.004 acres.
Cene F. and Alberta L. Ebert and Frank Ed
and Flizebeth 'deingardt being the sole owners
In fee of the above described property do
hereby subdivide the same as shown on, this map,
Cene F. Eberl Alberta L, Eberl
k
Frank Ed Weineatdt Elizebeth '1einga_rdt
The for -going certification was acknowledged
before me this - Ci; day of ; . , A.D. to
My commission expires - >-.
Notary Public
iJ tness my H=nd and Seal
I hereby certify that this plat 'as prepared
under my supervision, and that the same is
correct to the best of my knowledge and belief.
Glen U. Cverturf -//
Reg, Colo. L.3. No..2215.
The accompanying plat is accepted and approved
for filing.
I
Chairman of the Board of County oo;,nissioners
p
Attest: County Clerk
Py _... t�
Path! .2-zt-'3
4fi Vit.' At, :v' ��ti�'/�� gliniavavo
J
ofF iV3d
AtO
11.; g r
39VIM old fl
4 dam. .
ti _Y ''9
1 8 {
•
'N ' '
L L
'S L
L
L L,•-\ 1•
S.
-• \ N
N L' %• .
L� -L
•L •
\ , 1
HOOD 3
I
• .. :c
l '•
•
• �4 .4.
lir
a a
M1
INDIAN PEAK FARMS, LLC
September 4, 2009
Weld County Planning Department
Attn: Ms. Bethany Salzman
918 10"'' St
Greeley, CO 80631
Re: Case ZO/09-00159 '- 14200 WCR 7
Ms. Salzman,
I appreciate the time you took to meet with myself and my tenant (Lin Ballenger) at the property noted above,
relative to the derelict vehicles my tenant currently has stored on the subject property, and the zoning code
violations the property is currently subjected to.
To clarify information you received from the town of Mead, this property was recently annexed to the Town of
Mead, however the final annexation documents are under review and have not been formally filed with Weld
County. Attached is the PUD Land Use Map -- Exhibit A that outlines the properties involved in the annexation,
clearing delineating this property as one of two parcels that was annexed.
While my tenant has certainly taken steps to clean up the property, I fully understand the limitations he is
subjected to relative to the derelict vehicles, and the following steps are being taken to insure the property will
meet all zoning codes within the next 60 days:
1. Mr. Ballenger has agreed to have no more than five (5) vehicles on his property that would be considered
derelict by zoning code, and ONLY for the purposes of either salvaging parts for restoration of his other
vehicles, or vehicles that he Is restoring and may not be in operating condition
a. Storage of these vehicles will be limited to Area B of the map attached, and per our conversation
with you on Thursday
2, Area A will be restricted to only vehicles that are fully licensed and in operating condition - this would
include his trailer, campers, and boat
3. Area C could potentially be utilized for parked vehicles, but only if they are operable and licensing is
current, While the dense tree stand and foliage shields this area from neighbors and WCR 7, In the event
ANY derelict vehicle is parked in the area for a period of greater than 3 days, Mr. Ballenger agrees to
install a 6' privacy fence along the area that borders WCR 7, as well as the driveway, to insure these
vehicles are not visible from WCR7,
4. Any deviation from the above will place him in default on his rental contract, and subject him to
immediate eviction.
I apologize as the landowner for this obvious infraction of the Weld County Zoning Codes.
Sincerely
Partner - Equinox, Mead LLC
I
ci
co
r�
(I )
C7
z
z
O
w
06
z
O
N -
x
w
z
zd
O
z
5
a
w
r ,
4iti wl 6,t,'i
7 . "%
r' t kt t
r
Hello