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HomeMy WebLinkAbout20091103.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0900015 AGAINST KAREN SCOPEL AND PATTY WINTERS 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, Karen Scopel and Patty Winters, ZCV #0900015, 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 12th day of May, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Karen Scopel and Patty Winters were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to refer this matter back to the Department of Planning Services, due to a Zoning Permit for a Commercial Vehicle being submitted. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0900015 against Karen Scopel and Patty Winters be, and hereby is, referred back to the Department of Planning Services 2009-1103 a( /G'L, !,'/UL. - 0 sZzalti? PL0824 VIOLATIONS - ZCV #0900015 - KAREN SCOPEL AND PATTY WINTERS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of May, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD COI Nit COLORADO ATTEST: Weld County Clerk to the Bo Deputy Clerk to the Boar AP V my Attorney EXCUSED Date of signature (is%7 //"7 Rademach=r, Pro-Tem Sea p P. Conway arbara Kirkmeyer David E. Long 2009-1103 PL0824 Violation Summary Report BASIC INFORMATION SCOPEL KAREN L Tenant: PATTY WINTERS Compliance Officer: Violation Number: Situs Address: Legal: Ann Siron ZCV09-00015 39551 BLVD B L15 THRU L22 00000 Location: Location North South East West 1814 24 AVE PL GREELEY, CO 80634-6034 39551 BLVD B EATON, CO 80615 BLK27 CAMFIELD SITUS: 39551 BOULEVARD B WELD Parcel Number: 071118009007 - Certified Mail Date: 03/16/2009 East of and adjacent to CR 51 and approximately 1/4 mile South of Hwy 14 in the Subdivision of Camfield Agriculture Agriculture Agriculture Agriculture R7621298 Acreage: 0.66 Currently the property is in violation of: Chapter 23, Article III(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. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) REMEDY THE SEMI TRACTOR/TRAILER SHALL BE PERMITTED THROUGH A ZONING PERMIT FOR A COMMERCIAL VEHICLE (ZPCV) OR REMOVED FROM THE PROPERTY. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. LETTER HISTORY 01/26/2009 Complaint Validated 01/26/2009 LTTR: 5 Day Letter 02/02/2009 LTTR: Violation Notice 03/16/2009 LTTR: Hearing Notification OTHER CASE HISTORY 01/23/2009 Property Inspected 2009-1103 UPON A VISUAL INSPECTION OF THE PROPERTY Violation Summary Report 02/05/2009 Phone Call 03/30/2009 Phone Call THE FOLLOWING ITEMS WERE NOTED: SEMI TRAILER PARKED ON THE SIDE OF THE PROPERTY. (SOUTH SIDE.) RECEIVED CALL FROM KAREN SCOPEL 350-9783. SHE SAID THAT SHE HAS TENANT"S ON HER PROPERTY THAT SHE MAY EVEN BE EVICTING BECAUSE THEY ARE A FEW MONTHS LATE ON RENT. SHE SAID SHE WOULD HAVE A BETTER IDEA IN THE NEXT WEEK OR TWO AS TO WHETHER OR NOT SHE WILL BE EVICTING THEM. RECEIVED A VOICEMAIL FROM TENANT, PATTY WINTERS, STATING THAT THE COMMERCIAL VEHICLE WILL BE REMOVED BY THE END OF APRIL BECAUSE THEY WILL HAVE MOVED BEFORE THAT. ortst Ent COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us March 16, 2009 SCOPEL KAREN L 181424AVE PL GREELEY, CO 80634-6034 Case: ZCV09-00015 Legal Description: L15 THRU L22 BLK27 CAMFIELD SITUS: 39551 BOULEVARD B WELD 00000 Dear SCOPEL KAREN 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: 05/12/2009 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. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) Page 1 of 2 *011:4 COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us To bring your property into compliance with the Weld County Code: AS DISCUSSED WITH THE TENANT ON FEBRUARY 12, 2009 THE SEMI TRACTOR/TRAILER SHALL BE PERMITTED THROUGH A ZONING PERMIT FOR A COMMERCIAL VEHICLE (ZPCV) OR REMOVED FROM THE PROPERTY. 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 yp{i have any questions concerning this matter, please call me. Sin Ann Siron Zoning Compliance Officer pc: ZCV09-00015 Page 1 of 2 Ann Siron From: Sent: To: Subject: Ann Siron Thursday, February 12, 2009 10:44 AM 'LAZYBP0317@hotmail.com' ZPCV application Hi Patty, Here is the link to the application that will need to be completed and submitted prior to March 2, 2009: http://www.co.weld.co.us/departments/planning/Planning_procedural_guide_pdfs/Updated% 2006-15-08/ZPCV(2).pdf V (2).pdf Once the application is submitted the violation will go on hold while our office process the application and then you will be notified whether it was approved or denied (all Zoning Permits for Commercial Vehicles in the subdivision have been granted to date). Some information you may need I have included: Parcel # is 0711-18-0-09-007 Legal Description: Section 18, Township 07 North, Range 64 West, Lot 15-22, Block 27 of Camfield Feel free to contact me with any additional questions or concerns. Ann Siron Zoning Compliance Officer Weld County Planning Department 918 10th Street Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3566 1 Fax: (970) 304-6498 Please tell us how we're doing: http://www.co.weld.co.us/departments/planning/comp_improve_comments.cfin 2 (Itotri ce February 02, 2009 SCOPEL KAREN L 181424AVE PL GREELEY, CO 80634-6034 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us Case: ZCV09-00015 Legal Description: L15 THRU L22 BLK27 CAMFIELD SITUS: 39551 BOULEVARD B WELD 00000 Dear: SCOPEL KAREN 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- 23-3-3 eighty which i Parking greater livestoc property LOT wh subdivisi County C Code Ord Ordinanc property of less than division, or a LOT rolling subdivisions. operty equal to, or equipment or to and from the division, or part of a controlling Code. (Weld -1; Weld County my Code COMMER M - viously used to facilitate a s are bought, sold or transferred in ownership - or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -tractors and trailers, dump trucks, construction equipment and tow trucks. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the use is allowed through the zone district. To bring your property into compliance with the Weld County Code: THE SEMI TRACTOR/TRAILER SHALL BE PERMITTED THROUGH A ZONING PERMIT FOR A COMMERCIAL VEHICLE (ZPCV) OR REMOVED FROM THE PROPERTY. Page 1 of 2 fat 414% WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Maitasiron@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 03/02/2009, 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, Ann Siron Zoning Compliance Officer pc: ZCV09-00015 Page 2 of 2 t‘skt INK January 26, 2009 SCOPEL KAREN L 181424AVE PL GREELEY, CO 80634-6034 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us Case: ZCV09-00015 Legal Description: L15 THRU L22 BLK27 CAMFIELD SITUS: 39551 BOULEVARD B WELD 00000 Dear SCOPEL KAREN 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 PRESENCE OF A SEMI TRACTOR AND TRAILER, WITHOUT A ZONING PERMIT FOR A COMMERCIAL VEHICLE (ZPCV). 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, Ann Siron Zoning Compliance Officer pc: ZCV09-00015 Page 1 of 1 ITS r��+l Mae COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 101h Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS / Complaint Initiated by: � {b9 _coo ZONING CODE COMPLAINT 0 Staff/Name: 0 Citizen 0 Other: 0 HEALTH DEPARTMENT Citizen's Name (If known)_ 0 WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known): 0 BUILDING CODE COMPLAINT ❑ PUBLIC WORKS / PEST & WEEDS Date Complaint was received: / 023 -p Pending Case # (i.e. USR, RE, SE, ect...): Legal Description: Violation Address: L Property Owners Name Aten Scope/ Parcel#: 07/1-lQ--cei-‘O7 Ca ton r 100/s Phone: Property Owners Address: 11711 Ir y Q P/ Oree AY Q '- - 60'34 Tenant's Name: Phone: Tenant's Address: NATURE �ta,c &4 wi L* ZPev COMPLAINT: Additional Notes: Identify Results Page 1 or L WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7621298 Parcel#: 071118009007 Tax Area: 3865 Bordering County: Acres: 0.66 Township Range Section Quart. Sec. Subdivison Name Block# Lot# CAMFIELD - 27 - 15 07-64-18-0 Owners Name & Address: SCOPEL KAREN L 1814 24 AVE PL GREELEY, CO 80634-6034 Property Address: Street: 39551 BOULEVARD B WELD City: WELD Business/Complex: Sale Date Sale Price $0 Sales Summary Deed Type Reception # Legal Description 1 L15 THRU L22 BLK27 CAMFIELD SITUS: 39551 BOULEVARD B WELD 00000 1 Land Type Residential Land Subtotal: Abst Code 1112 Land Valuation Summary Unit of Number of Measure Units Site Actual Value Assessed Value $19,500 $1,550 Buildings Valuation Summary Bldg# Property Type 1 Residential Improvements Subtotal: Actual Value Assessed Value $124,962 $9,950 Total Property Value Account#: R7621298 Owners Name & Address: SCOPEL KAREN L 1814 24 AVE PL GREELEY, CO 80634-6034 Building# 1 Built As: Exterior: Building Details Property Address: Street: 39551 BOULEVARD B WELD City: WELD Property Type Residential Individual Built As Detail Modular Year Built: Frame Hardboard HVAC: $144,462 $11,500 Parcel#: 071118009007 1995 Central Air to Air http ://maps2.merrick. com/W ebsite/Weld/setSgl. asp? cmd=QUERY&DET=PP &pin=07111... 1/26/2009 Identify Results Page 2 of 2 Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Drywall 2 3 1. 8 0 0 Built As SQ Ft: Roof Type: Roof Cover: Units: 1782 Composition Shingle 0 Detached SQ Ft: 576 Finished SQ Ft: 0 http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=07111... 1/26/2009 AK2V65214 Warranty Deed D.F. 81.10 The Specific Tema of This Deed Are: Grantor: (Give name(s) and plazas) of residence; if the .spouse of the owner -grantor is joining in this Deed to release homestead rights. Identify grantors as husband and wife THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the -property') from the individual(s), corporation(s), partnership(s), or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for (1) the lien of the general property taxes for the year of this deed. which the GRANTEE will pay (2) any easements and rights -of - way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restrictions shown of record (6y any additional matters shown below under "Additional Warranty Exceptions', and (7) subject to building and zoning regulations. JAMES N. COLUMBIA Grantee: (Give rants) and nddrensfes); statement of address. Including available road or street number.) KAREN L. SCOPEL 31u t. 5 Form of Co-Ownershlp: arc meet or more L FyC lcCIA e (If there arc wo or tetra garners named, they will be considered to take as menu in common unless the words 'in joint tenancy' IN words of the sure meaning arc added in the space below.) Property Description (Include emery and state.) LOTS 1, 2, 5, 6 AND 15 THROUGH 22, BLOCK 27, TOWN OF CAMFIELD, WELD COUNTY, COLORADO. 2465243 B-1520 P-248 11/28/95 09:53A PG 1 OP 1 EEC DOC Weld County CO Clerk & Recorder 6.00 1.10 Property Address: VACANT CAMFIELD CO Consideration: (The statement of a dollar amount is optional. adequate consideration for this deed will he presumed unless this conveyance is identified as a gift. In mcast this conveyance o absolute. final and unconditional.) ELEVEN THOUSAND AND 00/100 Reurnlions-Restrictions: (If the GRANTOR intends to reserve any intent in the property or to convey less than is owned, or if the GRANTOR is restricting the GRANTEES right in the property, make appropriate indication.) Additional Warranty Exceptions: nmuude deeds of sun being assumed and other maters not covered drove.) Executed by the Grantor on NOVEMBER 27, 1995 signature for Corporation, Partnership or Association: Name of Grantor Conpontnm. Partnership or Association By BY Signature for lodtrldual(s): Am1H. _, 10S ATE OyyfNN' gtFlI6jORADO WELD 4'p rregdEtg tnserument was acknowledged before me this 27th day of NOVEMBER, 1995 Mpl S N. COLOMBIA 7::•• yPa ... My SiesY'tiend and official seat. \ �!`n1 1 ' ` My commission expires: MAY 28, 1997 Notary Public STATE OF ) 122 AVE., GREELEY, CO. COUNTY OF ) er. The foregoing instrument was acknowledged before me this day of By ('time individual Greatm(s) or if Grantor is Corporation, Partnership or Association, then identify signers as president or vice president and secretary or assistant secretary of corporation: or as parmrr(s) of partnership, or as authorized nember(s) of association.) Oman! WITNESS my hand and official seal. My commission apnea: 01981 UPDATE LEGAL. FORMS Notary Public WCI'C No. 201-L Hello