HomeMy WebLinkAbout20090839RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST ANTHONY AND NANCY SANDOVAL 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, Anthony and Nancy Sandoval, ZCV #0900053, 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 14th day of April, 2009, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Anthony and Nancy Sandoval, 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 May 14, 2009, to allow adequate time for the property owners to submit a Zoning
Permit application for the one (1) commercial vehicle, and to disconnect the camper trailer from all
utilities 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 #0900053 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Anthony and Nancy Sandoval 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 May 14, 2009, to allow adequate time for the
property owners to submit a Zoning Permit application and to disconnect the camper trailer from
all utilities to bring the subject property into compliance.
2009-0839
PL0824
(1S/C / /Cr/
VIOLATIONS - ZCV #0900053 - ANTHONY AND NANCY SANDOVAL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of April, A.D., 2009.
ATTEST:
Weld County Clerk to the Boa
BY
BOARD OF COU Y COMMISSIONERS
wcLDZ,OU LORADO
William F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
Deputy Clerk to the Board _ i``° EXCUSED
Sean P. Conway
APPRO ' D AV • ORM:
arba irkmeyer
David E. Long
ounty Attorney
Date of signature `*/)%'
2009-0839
PL0824
Violation Summary Report
BASIC INFORMATION
SANDOVAL ANTHONY E & NANCY S
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
P O BOX 91 FORT LUPTON, CO 80621-0091
Bethany Salzman
ZCV09-00053
2810 MATHEWS AV
CE2-3 L3 BLK2 COUNTRY ESTATES SITUS: 2810 MATHEWS AV WELD
80621
Location
North
South
East
West
South of and adjacent to CR 8 and North of and adjacent to
CR 6
Agriculturally zoned properties and Patches Estates PUD
Agriculturally zoned properties and JoAnn Subdivision
Agriculturally zoned properties and Green Acres & Nelson
Subdivision
Agriculturally zoned properties
Parcel Number: 147123201003-R6252386 Acreage: 8.72
Certified Mail Date: 03/02/2009
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.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.
23-3-40 Uses by special review
23-3-40.O HOME BUSINESS.
23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the commercial or industrial zone districts, provided that the property is not a lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of
any regulations controlling subdivision. PUD development proposals shall not be permitted to
use the special review permit process to develop.
REMEDY
As we briefly discussed over the phone. When a property is situated within a subdivision, such as Country
Estates, in order to maintain or park 1 (one) COMMERCIAL VEHICLE on a parcel of land a Zoning Permit
for a Commercial Vehicle (ZPCV) is required. Any additional vehicles would negate the need for a ZPCV,
but instead require a Use by Special Review (USR) permit. As we discussed this application is much more
expensive and requires 2 (two) public hearings. During our phone conversation you expressed some
confusion as to the requirements of the Weld County Code. As I previously indicated, please be advised
that we do have On -Call Planners available to assist the public in these application processes. You can call
any Monday thru Thursday (970)353-6100 X. 3540 and ask for a Planner or the Greeley Office (918 10th
St, Greeley, Co) has a Planner available Monday thru Thursday from 7:30 - 11:30 and the Southwest Office
(4209 CR 24.5, Longmont, Co) has a Planner available Monday thru Thursday from 12:30 - 4:30.
2009-0839
Violation Summary Report
RECOMMENDATION
The Department of Planning Services recommends that this case be forwarded to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
02/25/2009 Complaint Validated
02/25/2009 LTTR: 5 Day Letter
03/02/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
02/05/2009 Property Inspected
03/02/2009 Phone Call
03/05/2009 Certified Mail Receipt
Upon a visual inspection of the property, the following items
were noted: Commercial Vehicles, equipment and
apparent storage. No pictures were taken during this
inspection.
Anthony Sandoval (303-918-0719) called. He said he
received my letter. He asked why we were trying to tell him
what he could and couldn't have on his property. He lives
in the County. I explained that I was aware that he lives in
the County in a Subdivision named Country Estates, but
even in the County there are rules and regulations. He said
so what does that mean. I explained if he only has 1
commercial vehicle (for example 1 semi truck and trailer) he
would be allowed to apply for a Zoning Permit for a
Commercial Vehicle (ZPCV). Any additional vehicle would
negate the ZPCV and require a Use by Special Review
(USR) permit. He stated he has 1 truck that pulls the trailer
for the bobcat and a tandum trailer (then it sounded like he
said something about a dumptruck). I explained that the
ZPCV permit is $75 and he would never have to renew it -
but it only allows 1 Commercial Vehicle (truck and trailer). I
explained that the USR is much more expensive and
requires 2 public hearings. He said to operate my business
from my property? He said he didn't understand. I offered
to transfer him to a Planner On -Call. He said I don't want to
talk to any planner. He said so when can I talk to a judge. I
explained the first step in the process is a Violation Hearing
before the Board of County Commissioners, then they
would refer the case to the County Attorney's Office and
eventually we would be able to appear before a judge. I
asked him if he wanted to me to just go ahead and
schedule him for a Violation Hearing or send him a 30 day
letter for compliance. He said well I'm not removing my
commercial vehicles from my property, so you might as well
go ahead and schedule me. I explained the earliest I could
get him in front of the Board was April 14th. He said okay.
I told him I would be sending that through a letter.
Certified Receipt received - signed.
A(ret'4,
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
March 02, 2009
SANDOVAL ANTHONY E & NANCY S
PO BOX 91
FORT LUPTON, CO 80621-0091
Case: ZCV09-00053
Legal Description:
CE2-3 L3 BLK2 COUNTRY ESTATES SITUS: 2810 MATHEWS AV WELD 80621
Dear SANDOVAL ANTHONY E & NANCY S:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
04/14/2009 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.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.
23-3-40 Uses by special review
23-3-40.0 HOME BUSINESS.
23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the commercial or industrial zone districts, provided that the property is not a lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivision. PUD development proposals shall not be permitted
to use the special review permit process to develop.
ei-ittr*>
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 bring your property into compliance with the Weld County Code:
As we briefly discussed over the phone. When a property is situated within a subdivision, such
as Country Estates, in order to maintain or park 1 (one) COMMERCIAL VEHICLE on a parcel
of land a Zoning Permit for a Commercial Vehicle (ZPCV) is required. Any additional vehicles
would negate the need for a ZPCV, but instead require a Use by Special Review (USR) permit.
As we discussed this application (USR) is much more expensive and requires 2 (two) public
hearings. During our phone conversation you expressed some confusion as to the requirements
of the Weld County Code. As I previously indicated, please be advised that we do have On -Call
Planners available to assist the public in these application processes. You can call any
Monday thru Thursday (970)353-6100 X. 3540 and ask for a Planner or the Greeley Office (918
10th St, Greeley, Co) has a Planner available Monday thru Thursday from 7:30 - 11:30 and the
Southwest Office (4209 CR 24.5, Longmont, Co) has a Planner available Monday thru Thursday
from 12:30 - 4:30.
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 Salzma
Zoning Compliance Officer II
pc: ZCV09-00053
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Domestic Return Receipt
PS Form 3811, February 2004
(TAY T
hiDeCOLORA
February 25, 2009
SANDOVAL ANTHONY E & NANCY S
PO BOX 91
FORT LUPTON, CO 80621-0091
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: ZCV09-00053
Legal Description: CE2-3 L3 BLK2 COUNTRY ESTATES SITUS: 2810 MATHEWS AV WELD 80621
Dear SANDOVAL ANTHONY E & NANCY S:
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 Country Estates, it must be permitted.
In order to maintain more than 1 (one) Commercial Vehicle or any other commercial
equipment or storage within a Subdivision a Use by Special Reveiw (USR) permit is
required.
If you have any questions that you would like to discuss with a Planner, an appointment
must be scheduled with Kim Ogle, Planning Manager at 970-353-6100 Ext. 3540. To better
serve you please bring this letter with you.
Please contact me within five working days of the date of this letter to review these concerns with me. Feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with
you.
Sincerely,
Bethany Salzan
Zoning Compliance Officer II
pc: ZCV09-00053
Page 1 of 1
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
Account#: R6252386
Tax Area: 2499
Acres: 8.74
Township Range Section Quart. Sec.
01-66-23-2
Owners Name & Address:
SANDOVAL ANTHONY E &
PO BOX 91
FORT LUPTON, CO 80621-0091
Additional Owners:
SANDOVAL NANCY S
Business/Complex:
Sale Date
6/22/2007
PROPERTY PROFILE
Bordering County:
Sale Price
$280,000
Parcel#: 147123201003
Subdivison Name Block# Lot#
COUNTRY ESTATES - 2 - 3
Property Address:
Street: 2810 MATHEWS AV WELD
City: WELD
Legal Description
Sales Summary
Deed Type
SWD
Reception #
3485990
CE2-3 L3 BLK2 COUNTRY ESTATES SITUS: 2810 MATHEWS AV WELD 80621
Land Type
Residential
Land Subtotal:
Bldg#
1
2
Abst Code
1112
Property Type
Residential
Residential
Improvements Subtotal:
Total Property Value
Unit of
Measure
Acres
Land Valuation Summary
Number of
Units
8.74
Actual Value
Assessed
Value
8.74 $104,880 $8,350
Buildings Valuation Summary
Actual Value
$157,652
$262,732
Assessed
Value
$12,570
$20,920
Building Details
Account#: R6252386 Parcel#: 147123201003
Owners Name & Address:
SANDOVAL ANTHONY E &
PO BOX 91
FORT LUPTON, CO 80621-0091
Building#
1
Property Address:
Street: 2810 MATHEWS AV WELD
City: WELD
Property Type
Residential
http://maps2.merrick. com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14712... 2/17/2009
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
4
1
0
0
Individual Built As Detail
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
1972
Central Air to Mr
1000
Gable
Composition Shingle
Units: 0
Detached SQ Ft: 1008
1000 Finished SQ Ft: 1000
Account#: R6252386 Parcel#: 147123201003
Owners Name & Address:
SANDOVAL ANTHONY E &
P O BOX 91
FORT LUPTON, CO 80621-0091
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: 2810 MATHEWS AV WELD
City: WELD
Property Type
Residential
Individual Built As Detail
Shed - Utility Year Built:
HVAC:
0
0
1
0
Built As SQ Ft:
Roof Type:
Roof Cover:
2000
None
276
Gable
Units: 0
Detached SQ Ft:
Finished SQ Ft:
http://maps2.metrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14712... 2/17/2009
�� ft4r.,
Wi�Yc.
COLORADO
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10'° Street, Greeley, CO 80631
Phone: (97O) 353-6100, Ext. 3540
Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
r
YQ ZONING CODE COMPLAINT ❑ StaffMame: ❑ citizen k Other. eatiailit
❑ HEALTH DEPARTMENT Citizen's Name (If known)- rUCI V -o
❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known):��
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS / PEST K WEEDS
Pending Case # (i.e. USR, RE, SE, ect...):
Legal Description:
Date Complaint was received: a'"E'
Loy au.. a, Ccunkuis eta yen
Violation Address: as -c) " CLt Q.u.. 5
Property Owners Name
Parcel #:
` ec'dc\tak 1 fritx\
Phone:
Property Owners Address: PD T;2it. 1 VOA' ita Lc S.o�.� -bcct t
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: NA'-weeraina.,.'� ,01t1G J ecEiaicyreni &Ok'J
Additional Notes:
990
1111111111111111111111IIII111111111111 III IIIII IIII IIII
3485990 06/26/2007 12 0BP Weld County, CO
1 of 2 R 11.00 0 28 00 Steve Moreno Clerk & Recorder
After Recording Return to
Anthony E. Sandoval
Nancy S. Sandoval
2810 Mathews Avenue
Ft. Lupton, CO 80621
SPECIAL WARRANTY DEED
This Deed, made June 22, 2007
Between Deutsche Bank Trust Company Americas, formerly known as Banker's Trust
Company, as Trustee and Custodian for IXIS 2006-HE2 by: Saxon Mortgage Services,
Inc., f/lr/a Meritech Mortgage Services, Inc, as its Attorney in Fact, of the County Denver, State
of COLORADO, grantor(s) and Anthony E. Sandoval and Nancy S. Sandoval, as Joint Tenants,
whose legal address is 2810 Mathews Avenue, Ft. Lupton, CO 80621, County of Weld, and State of
COLORADO, grantee(s)
WITNESSETH, That the grantor(s), for and in the consideration of the sum of TWO HUNDRED
EIGHTY THOUSAND AND 00/100 DOLLARS Dollars ($280,000.00 ) 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 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, State of COLORADO described as
follows:
Lot 3, Block 2,
Country Estates,
County of Weld, State of Colorado
also known by street and number as 2810 Mathews Avenue, Ft. Lupton, CO 80621
TOGETHER with all and singular hereditaments and appurtenances, thereunto 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 said premises above bargained and described, with the appurtenances,
unto the grantee, their heirs and assigns forever. The grantor(s), for themselves, their heirs and personal
representatives or successors, does covenant and agree that they shall and will WARRANT AND FOREVER
DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and
assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the
grantor(s).
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 on the date set forth above.
W Dsn«,.i
ESCROW NO.826-H0144448-0.35-PEM
1111111 11111 1111111111 11111 1111111III 11111 1111 101
3485990 06/26/2007 12:08P Weld County, CO
2 of 2 R 11.00 D 28.00 Steve Moreno Clerk & Recorder
SELLER:
Deutsche Bank Trust Company Americas formerly
known as Bankers Trust Company, as Trustee and
Custodian for !XIS 2006-F{E2 by: Saxon Mortgage
Services', Inc., lxf/k/e Meritech Mortgage Services, Inc.,
as itsp., ip Pact
Y*ln Fa
By: Scot Kaiser, Assistant Vice President
STATE OF COLORADO
COUNTY OF Denver
iss:
0
The foregoing instrument was acknowledged before me June 22, 2007 by Scot Kaiser as Assistant Vice President
for Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc for Deutsche Bank Trust Company
Americas formerly known as Banker's Trust Company, as Trustee and Custodian for DM 2006-11E2, as its
Attorney in Fact.
Witness my hand and official seal.
My Commission Expires
MARCH 9, 2009
1
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