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HomeMy WebLinkAbout20093151.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST RONALD AND BARBARA SCHAFER 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, Ronald and Barbara Schafer, ZCV #0900116, 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 8th day of December, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Ronald and Barbara Schafer, property owners, were 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 July 31, 2010, in order to allow adequate time for the property owners to bring the subject property into compliance by removing the camper trailer from the primary mobile home and repairing the wall of said mobile home, removing the second mobile home from the property, and removing the empty barrels from the property, with the condition that the property owners must report their progress to staff on a monthly basis and failure to report to staff will result in the matter being directly referred to the County Attorney. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0900116 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Ronald and Barbara Schafer 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 July 31, 2010, in order to allow adequate time for the property owners to bring the subject property into compliance by removing the camper trailer from the primary mobile home and repairing the wall of said mobile home, removing the second mobile home from the property, and removing the empty barrels from the property, with the condition that the property owners must report their progress to staff on a monthly basis and failure to report to staff will result in the matter being directly referred to the County Attorney. 2009-3151 110 , Pe bi tn> D[ Odd PL0824 VIOLATIONS - ZCV #0900116 - RONALD AND BARBARA SCHAFER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of December, A.D., 2009. ATTEST: Lill Weld County Clerk to the BY:v_ ) i1 d 1 (Aii'7'C Depu Clerk to the Board APPR¢VED AS T County Attorney Date of signature kI4 ID BOARD OF COUNTY COMMISSIONERS WELD ,AUNT COLORADO her, Pro-Tem Sean P. Conway c, C7----)M-Ica-U- ti ' rbara Kirkmeye David E. Long 2009-3151 PL0824 Dlation Summary Rep .t BASIC INFORMATION SCHAFER RONALD R & BARBARA L Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: Parcel Number: 15720 CR 47.5 LASALLE, CO 80645 Bethany Salzman ZCV09-00116 15720 CR 47.5 11439-J SW4NE4 13 3 65 (2D) SITUS: 15720 47.5 CR WELD 000000000 Location North South East West East of and adjacent to CR 47.5 and approximately 3/4 mile South of CR 34.5 Agriculturally zoned properties Agriculturally zoned properties Agriculturally zoned properties and approximately 1 /2 West ofCR49 Agriculturally zoned properties and approximately 1 /2 East of BeeBe Draw Farms PUD (Agriculturally zoned properties) 121313000026-R4945686 Acreage: 39.51 Certified Mail Date: 11/06/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-20.O MOBILE HOME subject to the additional requirements of Article IV, Division 3 of this Chapter. 23-3-30 Accessory uses. 23-3-30.A STRUCTURES for storage of equipment and agricultural products. Converted, partially dismantled, modified, altered or refurbished MOBILE HOMES or MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural products. 23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter. 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 2009-3151 Jlation Summary Rep .t surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. REMEDY The mobile home closest to the CR 47.5 shall be restored by removing the Recreational Vehicle and repaired or it shall be removed. You would be eligible to replace the unit provided a new building permit is obtained. Any additional mobile homes shall be removed from the property. While it is my understanding you have numerous barrels full of a milk product (feed for your livestock) there are also numerous empty barrels. The empty barrels need to be removed from the property. There is also a large amount of general trash (including but not limited too milk cartons, containers, plastic, etc.) which shall be removed from the property. Any DERELICT VEHICLES shall be restored, removed or completely SCREENED from all adjacent properties and public rights -of -ways. RECOMMENDATION The Department of Planning Services staff recommends that this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 04/21/2009 05/21/2009 09/09/2009 11/06/2009 OTHER CASE 04/07/2009 04/20/2009 05/20/2009 Complaint Validated LTTR: 5 Day Letter LTTR: Violation Notice LTTR: Hearing Notification HISTORY Property Inspected Property Inspected Office Visit Upon a visual inspection of the property, the following items were noted: I saw approximately 200+ barrels/drums, Appliances, multiple mobile homes and a portion of a camper/trailer. I only saw 1 dog during my inspection. See pictures dated 04/07/09. Roy Rudisill, Troy Swain, Gary Schwartz, Frank Piacentino, LaSalle Fire Department and I went to Mr. Schafer"s property. First Mr. Schafer was not home, Troy & Roy spoke to his daughter. Then he showed up with a load of barrels on a truck and trailer. He indicated that he guesses he has around 300 barrels full of milk product. He stated he gets approximately 51 barrels of product from Meadow Gold Farm a week. I advised him that he needed to get rid of the barrees not in use. I also advised him that the appliances needed to be removed. We also discussed the moible homes. I advised him that the previous owner should have addressed the mobile homes before selling it to him. We then also briefly discussed the dogs (we counted at least 11 visible outside). He was advised that he could not maintain more than 8 on this property. Gary offered to remove dogs in small quantities maybe 2 at a time. I gave him my business card. No additional pictures were taken during this inspection. Mike Ramstack came to the Greeley Planning Office and met with Wendi Inloes and I. We discussed the fact that the RV would have to be removed from the mobile home (they are currently attached). He could either repair the mobile home or remove it and replace it. All other mobile homes need to be removed from the property. Additionally, all household trash, empty barrels, etc will need to be removed or cleaned up. The number of dogs can not exceed 8 (eight). I explained that I would be sending a 5 day letter. Mike said he would pass this information along to his client.' ` Jlation Summary Rep t 05/26/2009 Phone Call 05/26/2009 Phone Call 06/01/2009 Phone Call 09/14/2009 Phone Call Mr. Ron Schafer (970-284-6984) called. He indicated he has already reduced the number of dogs on the property. He has been selling them and has temporarily relocated rest to his daughter_s property in Greeley where his wife is residing. He also said the trash and debris he will work on removing. He indicated he has removed all but about 16 empty metal barrels (which he intends to load up tomorrow and remove). He also indicated he had removed 65 of the plastic barrels just last week. He hopes to keep the remaining plastic barrels as wind break. The livestock mobile home (which was initially permitted by the previous property owner as an Accessory to the Farm and later converted without permits to a livestock shelter) will be removed. The Principle Dwelling unit (mobile home) did initially obtain a Zoning and Building Permit; however, when the previous property owners attached the RV a permit was not obtained (nor would we grant a building permit to attach a vehicle to a dwelling unit). The problem that he is now running into is that I am advising him that the attachment of a RV to a mobile home isn't something our code allows. He stated that he wants compensation from the County in the amount of $1500 a month for displacement. I advised him he would need to ask that of a Judge. He also stated that a retired UNC professor is organizing a bunch of Veterans to boycott the County for displacing him from his home. He said he was going to call a Commissioner and asked if I knew who the Commissioner was for his area. I stated that I was pretty sure it was Commissioner Kirkmeyer. He said he knew her and would calling her. Commissioner Kirkmeyer called and asked me to call Mr. Schafer back. I told her I would. I called Mr. Schafer and left a message re-itterating our discussion this morning regarding the process. My next letter would grant 60 days and then the next letter would be scheduling a Violation Hearing, where he would be able to request any additional time from the Board. That is also where he would want to request a waiver from the building requirements. Commissioner Long called to discuss the Ron Schafer property. He stated that Ron was related to his wife. We discussed the violation. He said it sounded like I was on the right track. Mr. Ron Schafer (970-284-6984) called. He said he received my letter and had the following comments. (1.) the mobile home previously being used as a chicken coop was for sale. (2.) He wanted to know if he could keep the plastic barrels as a wind break. He said they are 3 deep, 1 high by 150" (along the Northern side) or so long and then a 20"-30" curve along the Western side. He said he is down from 85 metal barrels of milk products a week to approximately 34 metal barrels milk products a week. He said he keeps extra metal barrels on hand so he can trade out when they haven"t all been emptied. When I asked how many metal barrels he had on the property at any given time. He said well over 100. - I told him I would check into this and get back in touch with him. (3.) He said he had a family of mormans coming out to his property once every week and they pick up trash. He said he won"t allow the women or children to go out in the field because there are so many olation Summary Rep_ .t 09/18/2009 Other 09/23/2009 Phone Call 09/23/2009 Phone Call 09/29/2009 Other 09/29/2009 Phone Call 11/10/2009 Phone Call rattle snakes. (4.) The other mobile home (the one he lives in) he said he wasn"t going to do anything. He said he spoke to a friend of his and if he tore the RV off there would be a huge hole. He said if we made him get rid of it - it would be considered a "taking" and we would owe him compensation. He said he wanted something in writing saying he could keep it. I told him I could not give him anything of the sort. I explained that I would get him to the Board at the November Violation hearings and he could request something from the Board. I presented pictures of the barrels and an aerial photo to staff. I explained that Mr. Schafer wants to keep the barrels 3 deep 1 high in order to keep a wind break for his livestock. Staff determined that he should ask the Board of County Commissioners for approval/denial. Staff would consider this a Noncommercial Junkyard. Mr. Ron Schafer (970-284-6984) called. He said he has a guy interested in that mobile home (chicken coop), but he wants to be able to move it out to the field, tear it apart, burn the wood and miscellaneous material, cut the frame apart and take it to the scrap yard and bury the ashes on the property. He said they guy told him if he wasn"t allowed to do that, he didn"t want to get involved. I told him that he would need to contact the fire department (LaSalle Fire Department) and ask them for a burn permit. I explained they would probably require asbestos testing. I also referred him to the Health Department to see if they would allow him to bury the ashes. He said he was going to check into all the above. He then brought up the mobile home/camper-trailer he was living in. I explained that I understood his position, but he would need to argue it to the Board, I could not give him any building permits for it. He brought up the displacement again and said that he and his friend looked it up and it was an automatic $40,000 that we would have to pay him. I told him that was something he would have to take up with our legal department. He said his daughter had a wrecked car that she took out there that he is trying to get rid of. Mike Ramstack (353-1117 office or 590-7580 cell) called. We discussed Ron"s phone call to me earlier that day and to him. He asked about removing the camper/trailer and then getting a building permit to re -install a wall on the mobile home. I told him I really wanted to check with Building staff before giving him an answer. I gave him numbers for Tom Textera and Area on Aging to see if they could provide any assistance to Ron as well. I spoke to Bill Ritter (building inspector) and Roger Vigil (Interim Building Official) and explained the situation. They both said a building permit would be fine (kind of like a remodel - HUD sticker would not be an issue). I called Mike Ramstack (353-1117 office) and left him a voice mail with Bill Ritter and Roger Vigil"s determination. Ron Schafer called. He said he received my letter and we discussed his case. He said the guy who was going to remove the mobile home backed out. He said he was going to go ahead and try to fight removal of the RV/camper-trailer attached to his house. We also briefly discussed the barrels. He said he has spoken to his neighbors and they don't have any issues with his property. He said he would see me at the hearing. 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 November 06, 2009 SCHAFER RONALD R R. BARBARA L 15720 CR 47.5 LASALLE, CO 80645 Case:ZCV09-00116 Legal Description: 11439-J SW4NE4 13 3 65 (2D) SITUS: 15720 47.5 CR WELD 000000000 DearSCHAFER RONALD R & BARBARA L: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 12/08/2009 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. 23-3-20.O MOBILE HOME subject to the additional requirements of Article IV, Division 3 of this Chapter. 23-3-30 Accessory uses. 23-3-30.A STRUCTURES for storage of equipment and agricultural products. Converted, partially dismantled, modified, altered or refurbished MOBILE HOMES or MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural products. 23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter. 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 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 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: The mobile home closest to the CR 47.5 shall be restored by removing the Recreational Vehicle and repaired or it shall be removed. You would be eligible to replace the unit provided a new building permit is obtained. Any additional mobile homes shall be removed from the property. While it is my understanding you have numerous barrels full of a milk product (feed for your livestock) there are also numerous empty barrels. The empty barrels need to be removed from the property. There is also a large amount of general trash (including but not limited too milk cartons, containers, plastic, etc.) which shall be removed from the property. Any DERELICT VEHICLES shall be restored, removed or completely SCREENED from all adjacent properties and public rights -of -ways. This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation lINDe 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 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. S}pcerely, Bethany Salz an Zoning Compliance Officer II pc: ZCV09-00116 Jesting YIiYD� WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us September 09, 2009 SCHAFER RONALD R & BARBARA L 15720 CR 47.5 LASALLE, CO 80645 Case: ZCV09-00116 Legal Description: 11439-J SW4NE4 13 3 65 (2D) SITUS: 15720 47.5 CR WELD 0O0000000 Dear: SCHAFER RONALD R & BARBARA L : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-20.O MOBILE HOME subject to the additional requirements of Article IV, Division 3 of this Chapter. 23-3-30 Accessory uses. 23-3-30.A STRUCTURES for storage of equipment and agricultural products. Converted, partially dismantled, modified, altered or refurbished MOBILE HOMES or MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural products. 23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter. 23-3-30.1 Noncommercial Junkyard. KENNEL: Any place other than a PET SHOP or veterinary clinic or HOSPITAL, where five (5) or more HOUSEHOLD PETS of one (1) species, or a total of eight (8) or more household pets of two (2) or more species, are kept or maintained. Property that is zoned (A) Agricultural and not part of a platted subdivision or unincorporated town and which is larger than ten (10) acres shall be permitted to keep or maintain eight (8) HOUSEHOLD PETS of one (1) species or sixteen (16) HOUSEHOLD PETS of two (2) or more species without being considered a KENNEL. 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, onto% hiDe 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 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: Due to the volume of items needing to be brought into compliance, I have tried to grant some extra time for this to occur. I understand that the number of dogs no longer exceeds 8 (eight) (which is an Accessory Use in the Agricultural Zone District). The mobile home closest to the CR 47.5 shall be restored by removing the Recreational Vehicle and repaired or it shall be removed. You would be eligible to replace the unit provided a new building permit is obtained. Any additional mobile homes shall be removed from the property. While it is my understanding you have numerous barrels full of a milk product (feed for your livestock) there are also numerous empty barrels. The empty barrels need to be removed from the property. There is also a large amount of general trash (including but not limited too milk cartons, containers, plastic, etc.) which shall be removed from the property. Any DERELICT VEHICLES shall be restored, removed or completely SCREENED from all adjacent properties and public rights -of -ways. 4446Cri VIiDc,DO 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 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 10/09/2009, 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 Salzman Zoning Compliance Officer II pc: ZCV09-00116 Srvt; 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 May 21, 2009 SCHAFER RONALD R & BARBARA L 15720 CR 47.5 LASALLE, CO 80645 Case: ZCV09-00116 Legal Description: 11439-J SW4NE4 13 3 65 (2D) SITUS: 15720 47.5 CR WELD 000O00000 Dear SCHAFER RONALD R & BARBARA L: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the Weld County Code are as follow: The number of dogs shall be reduced to not exceed 8 (eight) at any given time; otherwise, a Use by Special Review (USR) permit is necessary for the presence of a KENNEL. The mobile home closest to the CR 47.5 shall be restored by removing the Recreational Vehicle and repaired or it shall be removed. You would be eligible to replace the unit provided a new building permit is obtained. Any additional mobile homes shall be removed from the property. While it is my understanding you have numerous barrels full of a milk product (feed for your livestock) there are also numerous empty barrels. The empty barrels need to be removed from the property. There is also a large amount of general trash (including but not limited too milk cartons, containers, plastic, etc.) which shall be removed from the property. Any DERELICT VEHICLES shall be restored, removed or completely SCREENED from all adjacent properties and public rights -of -ways. KENNEL: Any place other than a PET SHOP or veterinary clinic or HOSPITAL, where five (5) or more HOUSEHOLD PETS of one (1) species, or a total of eight (8) or more household pets of two (2) or more species, are kept or maintained. Property that is zoned (A) Agricultural and not part of a platted subdivision or unincorporated town and which is larger than ten (10) acres shall be permitted to keep or maintain eight (8) HOUSEHOLD PETS of one (1) species or sixteen (16) HOUSEHOLD PETS of two (2) or more species without being considered a KENNEL. Motsr WIiDc 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 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. 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: ZCV09-00116 Bethany Salzman From: Sent: To: Cc: Subject: Troy Swain Monday, April 20, 2009 4:07 PM kenneth.niswonger@state.co.0s Trevor Jiricek; charles.johnson@state.co.us; Bethany Salzman; Roy Rudisill; dan_westover@deanfoods.com Schafer property drums... Kenneth: Today, Weld County representatives from various Departments' made a site visit at Ronald Schafer's property, located at 15720 WCR 47 1/2. There are no hazardous materials in the drums. We talked to Mr. Schafer and looked at some of the drums. The metal drums had open tops, originally held frozen juice concentrate, and were being used to transport and store packaged waste milk products from Meadow Gold in Greeley, Colorado. Mr. Schafer actually returned with a load while we were there. The packaged products (mislabeled, off spec. product) are emptied and fed to the sheep, goats and pigs he raises on his property. The plastic barrels were empty and previously held soap and sanitizing solutions. All the barrels are originally from Meadow Gold. He uses the plastic barrels for making feeding troughs and as a wind break for animal pens but he sells most of them. He said he isn't taking in any more of the plastic empty drums. The property is messy but he does have a dumpster and said things are messy due to the winds but plans to cleanup. This Department will work with the Department of Planning Services regarding this property. If Mr. Schafer uses the packaged milk wastes for animal feed (beneficial use), properly disposes of the containers, and accepts manageable volumes there should be no problems (Health Department related). Also, there are no real close neighbors. Though Mr. Schafer's property in Greeley where he conducted the same activity was infested with rats, see Incident File #189 (2003). If the property becomes a public nuisance it may be better to approach Meadow Gold to stop disposal at this location. According to 30-20-102 CRS, solid waste disposal by any person is prohibited except on or at a solid waste disposal site and facility for which a Certificate of Designation has been obtained as provided in 30-20-105 CRS. Mr. Schafer does not operate a legitimate recycling or solid waste disposal facility. I talked to Mr. Dan Westover at Meadow Gold Dairy regarding this matter and copied him this e-mail. Troy E. Swain Environmental Health Specialist Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415, ext. 2219 (970) 304-6411 (fax) 1 Bethany Salzman From: Sent: To: Cc: Subject: Kenneth: at Ronald materials Troy Swain Monday, April 20 "^ kenneth.niswong Trevor Jiricek; ch, dan_westover@dt Schafer property d Today, Weld County represe Schafer's property, locates in the drums. We talked to Mr. Schafer and looked at originally held frozen juice concentra packaged waste milk products from Mead( returned with a load while we were they product) are emptied and fed to the she plastic barrels were empty and previous barrels are originally from Meadow Gold. troughs and as a wind break for animal pi taking in any more of the plastic empty c dumpster and said things are messy due to .se ene winds ' Rudisill; tde a site visit hazardous had open tops, and store hafer actually off spec. roperty. The _,.ions. All the _...rels for making feeding most of them. He said he isn't property is messy but he does have a but plans to cleanup. This Department will work with the Department of Planning Services regarding this property. If Mr. Schafer uses the packaged milk wastes for animal feed (beneficial use), properly disposes of the containers, and accepts manageable volumes there should be no problems (Health Department related). Also, there are no real close neighbors. Though Mr. Schafer's property in Greeley where he conducted the same activity was infested with rats, see Incident File #189 (2003). If the property becomes a public nuisance it may be better to approach Meadow Gold to stop disposal at this location. According to 30-20-102 CRS, solid waste disposal by any person is prohibited except on or at a solid waste disposal site and facility for which a Certificate of Designation has been obtained as provided in 30-20-105 CRS. Mr. Schafer does not operate a legitimate recycling or solid waste disposal facility. I talked to Mr. Dan Westover at Meadow Gold Dairy regarding this matter and copied him this e-mail. Troy E. Swain Environmental Health Specialist Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415, ext. 2219 (970) 304-6411 (fax) 1 Identify Results Page 1 of 3 Account#: R4945686 Tax Area: 2181 Acres: 38 Township Range Section Quart. Sec. 03-65-13-0 WELD COUNTY ASSESSOR PROPERTY PROFILE Bordering County: Subdivison Name Block# Lot# Owners Name & Address: SCHAFER RONALD R & 15720 CR 47.5 LASALLE, CO 80645 Property Address: Street: 15720 47.5 CR City: WELD Additional Owners: SCHAFER BARBARA L Parcel#: 121313000026 PPOOMIONIZIMORISMINISZIEMOMINIMMIN Reception # 3090899 Business/Complex: Sale Date 7/31/2003 Sale Price $140,000 Sales Summary Deed Type WD Legal Description 11439-J SW4NE4 13 3 65 (2D) SITUS: 15720 47.5 CR WELD 000000000 Land Type Agricultural Land Subtotal: Abst Code 4147 Land Valuation Summary Unit of Number of Measure Units Acres 38 Actual Value Assessed Value 38 $633 $180 Bldg# Property Type 1 2 3 Residential Out Building Mobile Home Buildings Valuation Summary Actual Value Improvements Subtotal: $84,189 Total Property Value Assessed Value $6,730 $84,822 $6,910 Building Details Account#: R4945686 Parcel#: 121313000026 Owners Name & Address: SCHAFER RONALD R & 15720 CR 47.5 LASALLE, CO 80645 Building# 1 Property Type Residential Property Address: Street: 15720 47.5 CR City: WELD http://maps2.merrick.com/Website/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=121313 ... 4/9/2009 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: Account#: R4945686 Owners Name & Address: SCHAFER RONALD R & 15720 CR 47.5 LASALLE, CO 80645 Building# 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Ranch 1 Story Frame Hardboard Drywall 1 1 0 Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: Property Type Out Building 1935 Forced Air 848 Composition Shingle 0 Property Address: Street: 15720 47.5 CR City: WELD Individual Built As Detail Shed - Utility Year Built: HVAC: 0 0 0 0 Built As SQ Ft: Roof Type: Roof Cover: Parcel#: 121313000026 0 None 1 Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R4945686 Parcel#: 121313000026 Owners Name & Address: SCHAFER RONALD R & 15720 CR 47.5 LASALLE, CO 80645 Building* 3 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Property Address: Street: 15720 47.5 CR City: WELD Property Type Mobile Home Individual Built As Detail Single Wide Year Built: 1970 Metal Siding HVAC: Forced Air Paneling Built As SQ Ft: 896 2 Roof Type: 3 Roof Cover: Composition Shingle 0 5 Units: 0 Detached SQ Ft: http://maps2.merrick. com/W ebsite/W e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=121313... 4/9/2009 Identify Results Page 3 of 3 Basement: Total SQ Ft: MH Make Ritzcraft Finished SQ Ft: Mobile Home Details MH Length 0 MH Width 0 http://maps2.merriek.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=121313... 4/9/2009 Identify Results Page 1 of 1 Account#: M0015989 Owners Name & Address: CLINGAN ERVIN G C/O SCHAFER RONALD R & BARBARA L 15720 CR 47 1/2 LASALLE, CO 80645 Business/Complex: Mobile Home Valuation Legal Description Property Address: Street: 15720 47.5 CR City: WELD Parcel#: 121313000026 11439-3 IMPS ONLY MH SW4NE4 13 3 MOBILE/MODULAR TITLE: UNKNOWN SERIAL: WK521535 YEAR: 1977 MAKE: MBL VILLA SITUS: 15720 47.5 CR WELD 80645 Tax Area: Acres: Sq. Ft.: Land Value Impr. Value Total Value $0 $283 $283 Township Range Section Quart. Sec. 03-65-13-0 Sale Price $0 Sale Date Land Assessed Value Inv. Assessed Value Total Assessed Value $0 $20 $20 Bordering County: Subdivison Name Block# Lot# Deed Type Reception # http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=accdet&acct=M0015989&type=M 4/9/2009 Identify Results Page 1 of 1 Account#: M0227893 Owners Name & Address: GILBERT MICHAEL & C/O SCHAFER RONALD R & BARBARA L 15720 CR 47 1/2 LASALLE, CO 80645 Additional Owners: GILBERT JANICE Business/Complex: Mobile Home Valuation Property Address: Street: 15720 47.5 CR City: WELD Legal Description Parcel#: 121313000026 11439-J IMPS ONLY MH SW4NE4 13 3 65 NEW MOON 79-14101872 MOBILE/MODULAR TITLE: UNKNOWN SERIAL: 14101872 YEAR: 1979 MAKE: N M SITUS: 15720 47.5 CR WELD 80645 Tax Area: Acres: Sq. Ft.: Land Value Impr. Value Total Value $0 $4,349 $4,349 Township Range Section Quart. Sec. 03-65-13-0 Sale Price $0 Sale Date Land Assessed Value Impr. Assessed Value Total Assessed Value $0 $350 $350 Bordering County: Subdivison Name Block# Lot# Deed Type Reception # http://maps2.merrick.com/Website/We1d/setSgl.asp?cmd=acedet&acct=M0227893&type=M 4/9/2009 Identify Results Page 1 of 1 Account#: M0048989 Owners Name & Address: MILLER HENRY W C/0 SCHAFER RONALD R & BARBARA L 15720 CR 47.5 LASALLE, CO 80645 Business/Complex: Mobile Home Valuation Legal Description Property Address: Street: 15720 47.5 CR City: WELD Parcel#: 121313000026 11919-A IMPS ONLY MH W2SW4 10 4 65 MOBILE/MODULAR TITLE NO: UNKNOWN SERIAL: K3978 YEAR: 1967 MAKE: PRINCESS 15720 47.5 CR WELD 80645 Tax Area: Acres: Sq. Ft.: Land Value Impr. Value Total Value $0 $1,269 $1,269 Township Range Section Quart. Sec. 03-65-13-0 Sale Price $0 Sale Date Land Assessed Value Impr. Assessed Value Total Assessed Value $0 $50 $50 Bordering County: Subdivison Name Block# Lot# Deed Type Reception # http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=accdet&acct=M0048989&type=M 4/9/2009 Wi�Yc. COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: `ElZONING CODE COMPLAINT 6 Staff/Name- 5 • O - 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 & WEEDS Date Complaint was received: Pending Case # (i.e. USR, RE, SE, ect...): Legal Description: j )9AJ /3-3 -Cp5 Violation Address: /c57.2.(:) ce 417.5 - /ii- C_ Parcel#: /2343 -c'23 -O , gn&,y5 ea5 5 Property' Owners Name: QQ/ahil,t rLre & d1 Aar?r Phone: Property Owners Address: Tenant's Name: _ Tenant's Address: Notes: Additional Phone: ��'cA2.9/, / tee c2/ c/c ??/ 4 A4z rJ Owner: Rancid /n1�`. t'lQ e Address: 1,5 7 (D l AnnN L-1-/ H Phone Number: Cc] `1" LI er Occupant: �iona,I d SGha ��(J Address: 5a,a-t2 a 5 OJ)Ovi Phone Number: 7 -1 Inspector: 'SIC -0' VJ€Ad (orr) Signature: CODE ENFORCEMENT INITIAL ASSESSMENT File q: C n ^ ' a City o-OJ(.(. e File City GENERAL SANITATION x Parcel #: Nerd County Planning Department GREELEY OFFICE HAY{ Qt ('!fl, � r -w .i1�, Tfj'f V �k State W Zip �Lc2� Parcel d: /oZ/.'3/ 3 az,, State Zip Referred to: Household trash: (any household waste generated by single and multiple family residences, etc) Unapproved items: (appliances, used building materials, scrap metals, bones, rags, cloth, car parts and pieces, tires. used household furniture, and any other items that are so worn, deteriorated, or obsolete as to make them unusable in their existing conditions) (See non- commercial junkyard under Zoning.) Derelict vehicles On private property (See non-commercial junkyard under Zoning) In public road right-of-way Sewage or Septic problems (Evidence of failing septic system, such as sewage on the surface of the ground. or the repair or installation of a septic system without a permit, etc. (See Weld County ISDS Regulations) Littering Water Evidence of Burning STRUCTURES Unsafe or abandoned structures (Section 302. Dangerous Building. Uniform Code for the Abatement of Dangerous Buildings. Section 20.5, Weld County Building Code Ordinance, Uniform Code for Abatement of Dangerous Buildings.) Construction without appropriate building permits. (106.3 Uniform Building Code, Application for Permit and Section 30.3 \\ end County Building Code Ordinance, Application Requirements.) Incorrect Occupancy (Section 109 Certificate of Occupancy. No building or structure shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall he made until the building official has issued a certificate of occupancy.) Nuisance (Any condition that may be a source of filth or cause of sickness, which may he injurious to the public's health.) (See 25-1-615 C.R.S., as amended.) Other NOTES: e Fef -ir%.I ke V-1 lll1CClecl AD house, 17Y1'i RceS, I D.,> y2 0.-tynAn-F S Of nmAIA cart \S Con -f0-4 n&5' ) PUBLIC WORKS Roads (Ordinance 180, Dirt, water, farmer dragging farm machinery across the road) Culverts (Ordinance 180, damage/size/run-off) Noxious weeds (Ordinance 169A) Other NOTES: ZONING X NOTES: Commercial business in incorrect zone district. (An activity where goods, products. or services arc bought, sold, or transferred in ownership on a fee, contract, or barter basis excluding those uses listed by right and accessory uses in the A (Agricultural) zone district. Section 10 -Definitions, also Bulk Requirements under each zone district, Weld County Zoning Ordinance.) Structures not in compliance with the Zoning Ordinance. (Too many residences) (Sections 30 through 36. Zone Districts, Weld County Zoning Ordinance.) Non-commercial junkyard. (An area where any waste, junk, or used or second hand materials are stored or handled, including but not limited to, scrap iron and other metals, paper, rags. rubber tires, building materials, and bottles. May also include the storage or keeping of derelict vehicles. The non-commercial junk yard shall be totally enclosed within a building or structure or visually screened from all adjacent properties and public rights -of -way. Sections 10 -Definitions "N", 31.2 and 31.3.9 of the Weld County Zoning Ordinance.) Setbacks/Offsets (Section 10 -Definitions "S" and "0", Weld County Zoning Ordinance.) Signs (Shall be permitted in the various zoning districts see Sections 42 through 42.4.2 Weld County Zoning Ordinance. .Also accessory uses under each zone district. Signs may also be subject to the requirements of the Colorado Department of Transportation.) Other 3eve ail Co-\ bui Idahr®, un \ Lfl Q hwseS . ANIMALS Too many dogs and/or cats (See Bulk Requirements under each zone district, Section 10 -Definitions Animal Uses, Kennel, etc.) Too many animal units (See Bulk Requirements under each zone district. Section l0 -Definitions Animal Units, Kennel, etc.) Dogs at large (Ordinance 88-6.) Animals in road right-of-way (C.R.S. 35-46-105) Cruelty to animals (neglect/dead right-of-way.) Discharge from a confined animal feeding operation. (Any discharge of water or effluent which has come into contact with the pens or livestock that is discharged off of the property into a ditch, stream, road right-of-way, etc.) (See Confined Animal Feeding Operation Control Regulations -5 CCR 1002-81) Water on Roadway (C.R.S. 43, 43-5-303) Other NOTES: Rpoo) \n \y d5-30 6c9S on I*1s ris Nt 39ffse , f-'1(doLQ + �'c7 CnLn -PXQr S1 u - bets of ,laei7ecol-s d tr w live gi0611. Y pro, so -P 15-20 the-e.P 16-iD &aiAs . S w2,1\ nurcroui5 ca-f-La4xaCA CDo01/0399 699 1 111111 11111 1111 1111111 1111 NI 111111 III 11111 1111 1111 3090899 08/0412003 11:01A Weld County, CD 1 of 2 R 11.00 D 14.00 Steve Moreno Clerk & Recorder WHEN RECORDED RETURN TO: Name: Ronald R. Schafer Address: 15720 WCR 47.5 LaSalle, CO 80645 WARRANTY DEED THIS DEED, made this 30th day of July, 2003, between Ervin L. Clingan and Charles G. Clingan whose legal address is, , grantor, and Ronald R. Schafer and Barbara L. Schafer whose legal address is, , , grantee: WITNESS, that the grantor, for and in consideration of the sum of $140,000.00, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the said County of Weld and State of Colorado described as follows: SW 1/4 of the NE1/4 of Section 13, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as: 15720 WCR 47.5, LaSalle, CO 80645 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as afore d that the same are Dec_ C Fee Number: 20031472tb Stewart Title of lane r County, Inc. Warranty Dad - Joint Tenants (Individual) Page 1 of 2 twain an+ 7</.pa 003i L/ 1111111III IIII11111111111111111111111III IIIII VII till 3090899 08/04/2003 11:01A Weld County, CO 2 of 2 R 11.00 D 14.00 Steve Moreno Clerk & Recorder free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except General taxes for 2003, payable in 2004, and except restrictions, reservations, rights of way, and easements of record, or in place. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peacable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. STATE OF Colorado COUNTY OF Larimer Charles G. Clingan The foregoing instrument was acknowledged before me this 31st day of July, 2003, by Ervin L. Clingan and Charles G. Clingan My commission expires August 25, 2006. Witness my hand and official seal. File Number: 20031472tb Stewart Title of Larimer County, Inc. Warranty Deed — Joint Tenants (Individual) Page 2 of 2 4.1 l de i {per n—jJ js SNP • S S • 0 0 a, a a I Vie a ate W ar. :VA *Sara 4. I i Hello