HomeMy WebLinkAbout20090086.tiffRESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
ZCV #0800223 AGAINST MARCOS SANCHEZ 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, Marcos Sanchez, ZCV #0800223, 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 13th day of January, 2009, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Marcos Sanchez was 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 said violation back to the Department of
Planning Services per request of staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0800223 against Marcos Sanchez be, and hereby is, referred back
to the Department of Planning Services.
2009-0086
PL0824
(� Pte, ✓iac., 03103/09
VIOLATIONS - ZCV #0800223 - MARCOS SANCHEZ
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of January, A.D., 2009.
BOARD OF COUNT COMMISSIONERS
WELD COUNT LORADO
ATTEST:
Weld County Clerk to
BY.
Deputy Cle
AP ROV
ounty Attorney
Date of signature
William F. Garcia, Chair
ova wtv oLr
Dougla �Radema her, Pro-Tem
P. Conway
ara Kirkmeyer
David E. Long
2009-0086
PL0824
V' elation Summary Rep- �t
BASIC INFORMATION
SANCHEZ MARCOS A
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
3122 58 AV GREELEY, CO 80634
r
t is i:)
C.;a�
c,
Ann Siron /2_,-1).-I c ra
ZCV08-00223 • d �tl� tLt _
3220 47TH AV '
17619-A PT NW4SW4 23 5 66 BEG 30'E OF NW COR SW4 S89D57'E
562.2' S0D38'E 155' N89D57'W 562.2' N0D38'W 155' TO BEG EXC
UPRR RES SITUS: 3220 47 AV WELD 00000
Location
North
South
East
West
East of and adjacent to 47th Ave and approximately 1/2
mile North of 37th Street
Greeley city limits
Some ag zone districts and Evans city limits
Evans city limits
Evans city limits
Parcel Number: 095923000007-R2595686 Acreage: 2.29
Certified Mail Date: 11/05/2008
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.
23-3-40 Uses by special review
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
A USE BY SPECIAL REVIEW APPLICATION SHALL BE COMPLETED AND SUBMITTED TO THE
DEPARTMENT OF PLANNING SERVICES FOR A RV STORAGE FACILITY.
OTHERWISE THE COMMERCIAL OPERATION SHALL BE VACATED.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the county attorney's
office for immediate legal action.
LETTER HISTORY
08/19/2008 Complaint Validated
08/19/2008 LTTR: 5 Day Letter
08/25/2008 LTTR: Violation Notice
11/05/2008 LTTR: Hearing Notification
OTHER CASE HISTORY
08/13/2008 Property Inspected
UPON A VISUAL INSPECTION OF THE PROPERTY
THE FOLLOWING ITEMS WERE NOTED: SIGN ON
PROPERTY THAT READS: RV STORAGE 339-5181.
ADDITIONALLY RV"S WERE ON THE BACK OF THE
PROPERTY.
2009-0086
V' hlation Summary Rep —t
08/25/2008 Phone Call
11/25/2008 Phone Call
970-330-3238: MARCOS CALLED AND ASKED WHAT
HE NEEDED TO DO TO BRING THE PROPERTY INTO
COMPLIANCE. HE SAID THAT WHEN HE BROUGHT
THE PROPERTY THE REAL ESTATE AGENT SAID
THAT THE PROPERTY WAS GRANDFATHERED IN
TO RUN A BUSINESS FROM. I TOLD HIM THAT THE
PREVIOUS OWNER WAS IN VIOLATION AS WELL SO
HE DID NOT HAVE A NONCONFORMING USE. HE
SAID HE WOULD DO WHAT HE NEEDS TO PERMIT
HIS BUSINESS. I TOLD HIM I WOULD MAIL HIM AN
APPLICATION AND A PRE -APP. REVIEW REQUEST.
RECEIVED A PHONE CALL FROM MARCOS SAYING
THAT HE WAS WORKING ON HIS APPLICATION AND
WAS NOT SURE WHY HE GOT A HEARING LETTER.
I EXPLAINED THAT I SKIPPED DECEMBER"S
HEARINGS AND SCHEDULED HIM INTO JANUARY"S,
THAT SHOULD GIVE HIM PLENTY OF TIME TO
COMPLETE AND SUBMIT HIS APPLICATION. I TOLD
HIM TO KEEP IN TOUCH WITH ME AS THAT
DEADLINE APPROACHES AND WE WILL SEE
WHERE HE IS AT AT THAT TIME AND IF HE WILL
NEED TO REQUEST ADDITIONAL TIME FROM THE
BOARD OR IF HE IS READY TO SUBMIT.
WEYDc
COLORADO
November 05, 2008
SANCHEZ MARCOS A
3122 58 AV
GREELEY, CO 80634
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: ZCV08-00223
Legal Description:
17619-A PT NW4SW4 23 5 66 BEG 30'E OF NW COR SW4 S89D57'E 562.2' S0D38'E 155' N89D57'W
562.2' N0D38'W 155' TO BEG EXC UPRR RES SITUS: 3220 47 AV WELD 00000
Dear SANCHEZ MARCOS A:
The property refere ed above remains in violation of the Weld County Code. I have scheduled a
g wi e Board- eau ty Commissioners on:
( 01/13/2009 10:00 AM 3
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.
23-3-40 Uses by special review
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.
To bring your property into compliance with the Weld County Code:
A USE BY SPECIAL REVIEW APPLICATION SHALL BE COMPLETED AND SUBMITTED TC
THE DEPARTMENT OF PLANNING SERVICES FOR A RV STORAGE FACILITY.
OTHERWISE THE COMMERCIAL OPERATION SHALL BE VACATED.
Page 1 of 2
lINDe
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
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
k'4.n <_\ ; c_
AnSiron
Zoning Compliance Officer
pc: ZCV08-00223
SENDER: COMPLETETHISSECTION
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to: Wald C
312; GO Out
&rtcl ey QO 4W(c34 R
COMPLETE THIS SECTION ON DELIVERY
A. S
B. Receive
y(
tq. Rimming £
EELI`OFCE
V 26 71111
c\EY sen
Ddretssee
anted Name) C. D teof?Delivery
NOV ., ?nn
ery a
nt from item 1? O Yes
ress below:// D So
e'NPE D
Certified Mail O Express Mail
Registered O Return Receipt for Merchandise
❑ Insured Mail O C.O.D.
4. Restricted Delivery? (Extra Fee)
O Yes
2. Article Number
(Transfer from service label)
PS Form 3811, February 2004
7005 1160 0001 4539 2611
Domestic Return Receipt
102595-02-M-1540
Page 2 of 2
rtffr
VilDe
COLORADO
August 25, 2008
SANCHEZ MARCOS A
3122 58 AV
GREELEY, CO 80634
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: ZCV08-00223
Legal Description: 17619-A PT NW4SW4 23 5 66 BEG 30'E OF NW COR SW4 S89D57'E 562.2'
S0D38'E 155' N89D57'W 562.2' N0D38'W 155' TO BEG EXC UPRR RES SITUS:
3220 47 AV WELD 00000
Dear: SANCHEZ MARCOS A :
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:
IF YOU HAVE ANY QUESTIONS REGARDING THE PERMIT OR APPLICATION PROCESS
THAT YOU WOULD LIKE TO DISCUSS WITH A PLANNER, AN APPOINTMENT MUST BE
SCHEDULED WITH KIM OGLE, PLANNING MANAGER AT 970-353-6100 EXT. at TO
BETTER SERVE YOU PLEASE BRING THIS LETTER WITH YOU. s5L}U
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-40 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.
To bring your property into compliance with the Weld County Code:
AS DISCUSSED DURING A PHONE CONVERSATION A USE BY SPECIAL REVIEW
APPLICATION SHALL BE COMPLETED AND SUBMITTED TO THE DEPARTMENT OF
PLANNING SERVICES FOR A RV STORAGE FACILITY.
OTHERWISE THE COMMERCIAL OPERATION SHALL BE VACATED.
Page 1 of 2
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
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
10/27/2008, 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,
Cr_ g__/4
Ann Siron
Zoning Compliance Officer
pc: ZCV08-00223
Page 2 of 2
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
August 19, 2008
SANCHEZ MARCOS A
312258 AV
GREELEY, CO 80634
Case: ZCV08-00223
Legal Description: 17619-A PT NW4SW4 23 5 66 BEG 30'E OF NW COR SW4 S89D57'E 562.2'
S0D38'E 155' N89D57'W 562.2' N0D38'W 155' TO BEG EXC UPRR RES SITUS: 3220
47 AV WELD 00000
Dear SANCHEZ MARCOS A:
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:
A RECREATIONAL VEHICLE STORAGE FACILITY WITHOUT A USE BY SPECIAL
REVIEW (USR) PERMIT.
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,
Ann Siron
Zoning Compliance Officer
pc: ZCV08-00223
Page 1 of 1
COLORADO
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ZONING and/or BUILDING CODE CO'M'IPLAINT FORMS
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Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R2595686
Tax Area: 0685
Acres: 2
Township Range Section Quart. Sec.
05-66-23-0
Owners Name & Address:
SANCHEZ MARCOS A
3122 58 AV
GREELEY, CO 80634
Business/Complex:
Sale Date Sale Price
12/13/2007 $270,000
Parcel#: 095923000007
Bordering County:
Subdivison Name Block# Lot#
Property Address:
Street: 3220 47 AV WELD
City: WELD
Sales Summary
Deed Type
SWD
Legal Description
Reception #
3523493
17619-A PT NW45W4 23 5 66 BEG 30'E OF NW COR SW4 S89D57'E 562.2' 50D38'E 155' N89D57'W 562.2' N0D38'W 155' TO
BEG EXC UPRR RES SITUS: 3220 47 AV WELD 00000
Land Type
Residential
Land Subtotal:
Bldg#
1
3
Abst Code
1112
Property Type
Residential
Out Building
Improvements Subtotal:
Total Property Value
Land Valuation Summary
Unit of Number of
Measure Units
Acres 2
2
Buildings Valuation Summary
Actual Value
$171,000
Actual Value
$96,498
$267,498
Assessed
Value
$13,610
Assessed
Value
$7,680
......... __............
$21,290
Building Details
Account#: R2595686 Parcel#: 095923000007
Owners Name & Address:
SANCHEZ MARCOS A
3122 58 AV
GREELEY, CO 80634
Building#
1
Built As:
Ranch 1 Story
Property Address:
Street: 3220 47 AV WELD
City: WELD
Prop_erty Type
Residential
Individual Built As Detail
Year Built: 1920
http://maps2.melrick.coln/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=09592... 8/19/2008
Identify Results Page 2 of 2
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
GaraJc e;
Attached SQ Ft:
Basement:
Total SQ Ft:
Frame Hardboard
Drywall
1
2
1
0
720
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
Detached SQ Ft:
Finished SQ Ft:
Forced Air
846
Composition Shingle
0
720
360
Account#: R2595686 Parcel#: 095923000007
Owners Name & Address:
SANCHEZ MARCOS A
3122 58 AV
GREELEY, CO 80634
Building#
3
Built As:
Exterior:
Interior Finish:
# of Baths:
Property Address:
Street: 3220 47 AV WELD
City: WELD
Prate rty Type
Out Building
Individual Built As Detail
Shed - Cattle
Pole Frame Metal Siding
Year Built:
HVAC:
Built As SQ Ft:
1970
None
610
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09592... 8/19/2008
eRecorded in Weld County, CO Doc Id: 3523493
12/13/2007 04:11 P Receipt#: 7335536
Page: 1 of 1 Total Fee: $33.00
Steve Moreno, Clerk and Recorder
Marcos A. Sanchez
SPECIAL WARRANTY DEED
THIS DEED, Made on December 13, 2007 between
F & K Partners, LLP
of the County of Larimer, State of Colorado, grantor(s), and
Marcos A Sanchez
whose legal address is 3122 58th Avenue, Greeley, CO 80634
of the County of Weld, State of Colorado, grantee(s):
WITNESSETH, That the grantor(s) for and in consideration of the sum of Two Hundred Seventy
Thousand and 00/100 DOLLARS ($270,000.00), the receipt and sufficiency of which are hereby acknowledged,
have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm,
unto the grantee(s), their 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:
A parcel of land located in the Northwest 1/4 of the Southwest 1/4 of Section 23, Township 5 North,
• Range 66 West of the 6th P.M., more particularly described as follows: Considering the West line of
said Section 23 to bear North 00° 38' 40" West and with all bearings herein relative thereto;
Commencing at the Northwest Corner of the Southwest 1/4 of Section 23;
❑Thence South 89° 57' 30" East along the North line of said Southwest 1/4 30 feet to the True Point of
Beginning;
Thence continuing South 89° 57' 30" East along the North line 562.2 feet;
Thence South 00° 38' 40" East 155 feet
Thence North 89° 57' 30" West 562.2 feet to a point 30 feet distant from, as measured at right angles to,
the West line of said Section 23;
Thence North 00° 38' 40" West 30 feet distant from and parallel to the West line of said Section 23 a
distance of 155 feet to the True Point of Beginning,
County of Weld,
State of Colorado
also known by street and number as: 3220 47th Avenue, Greeley. CO 80634
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(s), 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(s), their heirs and assigns forever. And the grantor(s), for themselves, their heirs and personal
representatives or successors, do 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 person claiming the whole or any part thereof, by, through or under the
grantor(s) except
for general taxes and assessments for the year 2007 and subsequent years; and subject to easements,
covenants, reservations, restrictions and rights of way of record.
Wherever used herein, the plural references shall be construed to be singular references and singular
references shall be construed to be plural references where the context requires and all references of gender and
person shall be construed to refer to the grantor or grantors identified herein regardless of the context.
IN WITNESS WHEREOF, the grantor(s) have executed th'
d (qroy ate set forth above.
K Par hers, LLP
By: Kirsten Hillhouse, Partner
STATE OF COLORADO
) SS.
COUNTY OF LARIMER
Th foregoing instrument was acknowledged before me this 3 day of cerxfdt-P
by Kirsten Hillhou-= '-rtner of F & K Partners, LLP.
ad
33400-07-03715 FSS
Witness my hand and official seal.
My commission a pip 05/02/2011
Notary Public
Name and Address o "'.n Creating Newly Created Legal Description (38-35-106.5, C.R.S.)
No. 16 Rev. 12-97 Special Warranly Deed
S2ICOOTD.2630 Rev. 11/9104
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