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Home My WebLink About20090847RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0800395 AGAINST JACK ROBB 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, Jack Robb, ZCV #0800395, 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 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, Jack Robb 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 bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Jack Robb 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. 2009-0847 PL0824 (10 /)L , 1/, c � C' A) i ©%7 VIOLATIONS - ZCV #0800395 - JACK ROBB 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: gt/id Weld County Clerk to the B BY Deputy Clerk to the Board APPRED AS Tp RM /County Attorney Date of signature 2/� i BOARD OF COUNTY COMMISSIONERS W 4LC.J►tY, COLORADO •Iliam F. Garcia, Chair CUSED uglas Rademacher, Pro -Tern EXCUSED Seap P. Conway a(ra Kirkmeyer David E. Long 2009-0847 PL0824 Violation Summary Report BASIC INFORMATION ROBB JACK Tenant: Compliance Officer: Ann Siron Violation Number: ZCV08-00395 Situs Address: Legal: Location: 4613 YELLOWSTONE DR GREELEY, CO 80634 HP1-7 L7 BLK1 HILL -N -PARK SUB SITUS: 4613 YELLOWSTONE DR WELD 806340000 Location North South East West Parcel Number: 095926303006 Certified Mail Date: 02/04/2009 North of and adjacent to 49th Street and East of and adjacent to 47th Avenue Evans city limits, some Agriculture and zone district Evans city limits, some Agriculture and Estate zone districts Evans city limits, some Agriculture zone districts Evans city limits, some Agriculture and Estate zone districts -R2640486 Acreage: 0.20 Currently the property is in violation of: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-110.C Accessory Uses. 23-3-110.C.6 Storage of those vehicles, or parts thereof, which are defined in Section 42-12-101, C.R.S., and are SCREENED; and/or the storage of no more than two (2) vehicles which, regardless of their condition and/or classification as DERELICT VEHICLES, have been operated at any time during the past one-year period in a sanctioned or sponsored race, derby or event and are SCREENED. 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.8 Uses Allowed by Right. 23-3-150.C. Accessory Uses. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. REMEDY THE WELD COUNTY CODE DOES HAVE AN ALLOWANCE FOR DERBY CARS IN THE R-5 MOBILE HOME RESIDENTIAL ZONE DISTRICT. UP TO TWO DERBY/RACING VEHICLES ARE ALLOWED BUT MUST BE COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS OF WAY. THE DERBY CAR SHALL BE SCREENED OR REMOVED FROM THE PROPERTY. 2009-0847 Violation Summary Report RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. LETTER HISTORY 12/08/2008 Complaint Validated 12/08/2008 LTTR: 5 Day Letter 12/16/2008 - LTTR: Violation Notice 02/04/2009 LTTR: Hearing Notification OTHER CASE HISTORY 12/08/2008 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: 1 DERELICT VEHICLE. hiDeCOLORAC February 04, 2009 ROBB JACK 4613 YELLOWSTONE DR GREELEY, CO 80634 WELD COUN i Y 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: ZCV08-00395 Legal Description: HP1-7 L7 BLK1 HILL -N -PARK SUB SITUS: 4613 YELLOWSTONE DR WELD 806340000 Dear ROBB JACK: 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 2 Residential Zone Districts 23-3-110.C Accessory Uses. 23-3-110.C.6 Storage of those vehicles, or parts thereof, which are defined in Section 42-12-101, C.R.S., and are SCREENED; and/or the storage of no more than two (2) vehicles which, regardless of their condition and/or classification as DERELICT VEHICLES, have been operated at any time during the past one-year period in a sanctioned or sponsored race, derby or event and are SCREENED. 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY fo MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. 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 Page 1 of 2 �P� WELD COUN I ( 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 Services. To bring your property into compliance with the Weld County Code: THE WELD COUNTY CODE DOES HAVE AN ALLOWANCE FOR DERBY CARS IN THE R-! MOBILE HOME RESIDENTIAL ZONE DISTRICT. UP TO TWO DERBY/RACING VEHICLES ARE ALLOWED BUT MUST BE COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS OF WAY. THE DERBY CAR SHALL BE SCREENED 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 you have any questions concerning this matter, please call me. Sincerely, An Iron • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Zoning Compliance O ■ Print your name and address on the reverse pc: ZCV08-00395 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: Jack- P-obb !Ntc/3 ye//o&stanc.Dr Gra CL) 10493q COMPLETE THIS SECTION ON DELIVERY A. Signature Xat D. ❑ Agent ❑ Addressee C. Date of Delivery Is dNrHIt11OrSREd Yes If YES, enttOthEvEtitInEWMGE ❑ No FEB 0.9 ?1'4110 3. Semco EC 1 I "' E D ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise O Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt Page 2 of 2 7005 1160 0001 4539 2444 102595-02-M-1540 December 16, 2008 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 ROBB JACK 4613 YELLOWSTONE DR GREELEY, CO 80634 Case: ZCV08-00395 Legal Description: HP1-7 L7 BLK1 HILL -N -PARK SUB SITUS: 4613 YELLOWSTONE DR WELD 806340000 Dear: ROBB JACK : 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 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. 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. 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 vehicles, 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 Page 1 of 2 YICOLORADO 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 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF A DERELICT VEHICLE SHALL BE RESTORED OR REMOVED FROM THE PROPERTY. 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 01/16/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Ann Siron Zoning Compliance Officer pc: ZCV08-00395 Page 2 of 2 hiDeCOLOR December 08, 2008 ROBB JACK 4613 YELLOWSTONE DR GREELEY, CO 80634 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FM: 970-304-6498 E -Mail: asiron@co.weld.co.us Case: ZCV08-00395 Legal Description: HP1-7 L7 BLK1 HILL -N -PARK SUB SITUS: 4613 YELLOWSTONE DR WELD 806340000 Dear ROBB JACK: 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 DERELICT VEHICLE. 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 does not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. 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: ZCV08-00395 Page 1 of 1 WI�Yc. Ott ty 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: ZCU0t-to39 (ZONING CODE COMPLAINT 0 Staff/Name ❑ Citizen 0 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: /Ot — —d I' Pending Case # (i.e. USR, RE, SE, ect...): Legal Description: Violation Address: L7,2 .B/k / /477/-/1/4/— ark Parcel #: 4939- a& 3-03 i2 4flcl3 ye ilecos1one Dt erce ley go lose/ Property Owners Name: c JQr k. ALL Phone: Property Owners Address: Tenant's Name: Phone: Tenant's Address: NATURE f dcy_,l.' e f zAehtele COMPLAINT: Additional Notes: Identify Results rage I or L WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2640486 Tax Area: 2820 Acres: 0.202 Township Range Section Quart. Sec. 05-66-26-3 Owners Name & Address: ROBB JACK E 4613 YELLOWSTONE DR GREELEY, CO 80634 Business/Complex: Sale Date Sale Price $0 Bordering County: Parcel#:095926303006 Subdivison Name Block# Lot# HILL N PARK - 1 - 7 Property Address: Street: 4613 YELLOWSTONE DR WELD City: WELD Sales Summary Deed Type Legal Description Reception # HP1-7 L7 BLK1 HILL -N -PARK SUB SITUS: 4613 YELLOWSTONE DR WELD 806340000 Land Type Residential Land Subtotal: Bldg# 3 Abst Code 1112 Property Type Mobile Home Improvements Subtotal: Total Property Value Account#: R2640486 Owners Name & Address: ROBB JACK E 4613 YELLOWSTONE DR GREELEY, CO 80634 Build inq# 3 Built As: Exterior: Land Valuation Summary Unit of Number of Measure Units Site Actual Value Assessed Value $30,000 $1,190 Buildings Valuation Summary Actual Value Assessed Value $22,425 $890 Building Details Property Address: Street: 4613 YELLOWSTONE DR WELD City: WELD Property Type Mobile Home Individual Built As Detail Double Wide Year Built: Metal Siding HVAC: $52,425 $2,080 Parcel#: 095926303006 1971 Forced Air http://maps2.merrick. com/W ebsite/W eld/setSgl. asp?cmd=QUERY&DET=PP&pin=09592... 12/8/2008 Identify Results rage z of z Interior Finish: ft of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: MH Make Unknown Paneling 2 3 1 5 0 0 Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: Mobile Home Details MH Length 0 1344 Metal Ribbed 0 420 0 MH Width 0 http://maps2.merrick.com/W ebsite/W eld/setSgl. asp?cmd=QUERY&DET=PP&pin=09592... 12/8/2008 Ililll 1111111111111111111 iii p111111 nut 1111 � II 1 of 1 R 6 00 D 0,00 dR Sukt teukaooto -¢/4 QUIT CLAIM DEED THIS DEED. Made this 6th between Lucille A. Robb day of August ,1999 , of the County of Weld and Stale of Colorado grmuor(S7. and Jack E. Robb iNitta#0094 whose legal address is 4613 Yellowstone Drive, Greeley; CO 0 -06 -34 - of the County of Weld and State of Colorado ,grantee(s): WITNpSSETl, That the grantor(s), for and in consideration of the ruin of TEN AND NO/ 100 DOLLARS, ($ 10. 00 )• the receipt and sufficiency of which is hereby acknowledged, has remixed, released. soldsuccessors dend assigns, QUIT CLAWED. and and the rigid, does remise, release, sell, and QUIT CLAIM unto the grwdee(s). his heirs, rigid, title, interest, claim and demand which the gruntor(s) has in and to the real proptaleerty,of Ctogether with hi at fo improvements. llows: ws if any, situate, lying and being in the County of Weld and Lot 7, Block 1, Hill -N -Park. County of Weld, State of Colorado also known lay street and number at 4613 Yellowstone Drive, Greeley, CO 80634 TO HAVE AND TO rrOLr1 the same. together with all and singular the appurtenances end privileges (hereunto belonging. or ill anywise thereunto appertaining, and all the estate. right, title, interest, and claim whatsoever, of the grantor(s). either in law nr equity, to the only proper use, benefit and heltoof of the grantee (a), his hens and nei gnygender shell be applicable to all genders. tfev e of aThe singular number shall include the plural, the plural the singular, amt the IN WITNESS WHEREOF. the grantor(s) has executed this deed an the date set forth above. k r-s.cC.LX.c¢� "l Lucille A. Robb STATE OF COLORADO ) COUNTY OF Weld ) .19 99 . by The foregoing 'nParuncnl was acknowledged before me this 6th day of August Lucille A. Robb Witness my hand and official seal. —7TFIJAkCCSOIIIQJ111111 Notary Public Filer t10r6512A99 ()In' r:IAIM DEF.') rorale Hello