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HomeMy WebLinkAbout20093137.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0900265 AGAINST ABELARDO AND NANCY VEGA 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, Abelardo and Nancy Vega, ZCV #0900265, 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 10th day of November, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, at which time the matter was continued to December 8, 2009, in order to allow the property owners adequate time to submit an application for a Use by Special Review permit for the operation of a commercial rodeo/roping arena, 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, Abelardo and Nancy Vega 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 said matter back to the Department of Planning Services, since the property owners have submitted an application for a Use by Special Review permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0900265 against Abelardo and Nancy Vega be, and hereby is, referred back to the Department of Planning Services, since the property owners have submitted an application for a Use by Special Review permit. 2009-3137 (ELI (t , vi vc_ of /o4,447 PL0824 VIOLATIONS - ZCV #0900265 - ABELARDO AND NANCY VEGA 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. Weld County Clerk to the B Depu y Clerk o the Board ,/9PR DA ' ounty Attorney Date of signature BOARD OF CQI,NTY COMMISSIONERS WELQ, O 16TY COLORADO Sean P. Conway _„ 4/L. '--i'A _ ', 7 -Bar l ra Kirkmeyer / David E. Long coto eil 2009-3137 PL0824 Violation Summary Report BASIC INFORMATION VEGA ABELARDO & NANCY 1711 E 16TH ST GREELEY, CO 80631 Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: Ann Siron ZCV09-00265 35918 CR 55 9577 W2NW4 3 6 64 EXC UPRR RES (3R) SITUS: WELD 000000000 Location North South East West South of and adjacent to CR 74 and East of and adjacent to CR 55 Agriculture Agriculture Agriculture Agriculture Parcel Number: 080103000021-R1178586 Acreage: 79.62 Certified Mail Date: 10/28/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-10 Intent. 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.B Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 23-3-40.6.10 Animal training and boarding facilities where the maximum number of ANIMAL UNITS permitted in Section 23-3-50.D is exceeded or when the use adversely impacts surrounding properties, including noise, odor, lighting or glare, traffic congestion or trash accumulation. 23-3-40.6.17 Rodeo Arenas, Commercial 23-3-40.B.18 Roping Arenas, to include both indoor and outdoor arenas, commercial. 23-3-40.Q ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in Section 23-3-50 D below are exceeded and/or the traffic that is generated by the boarding activity exceeds sixty (60) trips per day to and from the property. REMEDY A USE BY SPECIAL REVIEW (USR) APPLICATION SHALL BE COMPLETED AND SUBMITTED TO THE DEPARTMENT OF PLANNING SERVICES FOR THE OPERATION OF A COMMERCIAL RODEO/ROPING ARENA. THE NUMBER OF TRAFFIC ON AND OFF OF THE PROPERTY PER EVENT EXCEEDS THE 30 TRIPS IN AND 30 TRIPS OUT ALLOWED AS A USE BY RIGHT THEREFORE REQUIRING A USR PERMIT BE OBTAINED FOR THIS TYPE OF ACTIVITY. RECOMMENDATION 2009-3137 Violation Summary Report The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. LETTER HISTORY 08/27/2009 Complaint Validated 09/02/2009 LTTR: 5 Day Letter 09/10/2009 LTTR: Violation Notice 10/28/2009 LTTR: Hearing Notification OTHER CASE HISTORY 10/06/2009 Phone Call SPOKE ON THE PHONE WITH GEORGE VEGA. HE STATED HE IS STILL WAITING TO HEAR BACK FROM US AS TO WHETHER OR NOT HE COULD RENT A WATER TAP, IF THAT WOULD BE SUFFICIENT FOR HIS USR FOR A ROPING FACILITY. HE SAID HE IS OUT OF TOWN RIGHT NOW BUT HE WOULD BE IN MONDAY TO DISCUSS THE CASE. IF THAT IS SOMETHING HE CAN DO THEN HE INTENDS ON SUBMITTING HIS USR APPLICATION. W1�Yc COLORADO October 28, 2009 VEGA ABELARDO & NANCY 1711 E 16TH ST GREELEY, CO 80631 WELD COUN tY 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: ZCV09-00265 Legal Description: 9577 W2NW4 3 6 64 EXC UPRR RES (3R) SITUS: WELD 000000000 Dear VEGA ABELARDO & NANCY: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 11/10/2009 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 23-3-10 Intent. 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.8 Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 23-3-40.6.10 Animal training and boarding facilities where the maximum number of ANIMAL UNITS permitted in Section 23-3-50.D is exceeded or when the use adversely impacts surrounding properties, including noise, odor, lighting or glare, traffic congestion or trash accumulation. 23-3-40.6.17 Rodeo Arenas, Commercial 23-3-40.B.18 Roping Arenas, to include both indoor and outdoor arenas, commercial. 23-3-40.Q ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in Section 23-3-50 D below are exceeded and/or the traffic that is generated by the boarding activity exceeds sixty (60) trips per day to and from the property. To bring your property into compliance with the Weld County Code: Page 1 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 A USE BY SPECIAL REVIEW (USR) APPLICATION SHALL BE COMPLETED AND SUBMITTED TO THE DEPARTMENT OF PLANNING SERVICES FOR THE OPERATION OF A COMMERCIAL RODEO/ROPING ARENA. THE NUMBER OF TRAFFIC ON AND OFF OF THE PROPERTY PER EVENT EXCEEDS THE 30 TRIPS IN AND 30 TRIPS OUT ALLOWED AS A USE BY RIGHT THEREFORE REQUIRING A USR PERMIT BE OBTAINED FOR THIS TYPE OF ACTIVITY. 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. Sinc/erely, I (.k« Ann--Siron Zoning Compliance Officer pc: ZCV09-00265 Page 2 of 2 Ann Siron From: Sent: To: Subject: Ann Siron Thursday, October 22, 2009 8:54 AM 'Trina Trotter' RE: Jorge Vega's rodeos The hearing is set for November 10, 2009 at 10:00 a.m. The hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Neighbor attendance will be pertinent in this case as Mr. Vega (while he still intends to obtain a permit for a rodeo facility) at this time states he is not charging for people to use the facility and says his numbers are below 300. Without evidence of this the violation could possibly be dismissed by the Board of County Commissioners. Mr. Vega states he would like to eventually start charging and states that he will have an application prior to the violation hearings, but with him claiming he does not charge there technically is no violation on the property. Additionally, the Sheriffs office does not enforce county code so if there is not a law being broken then they are correct in stating that there is nothing that they can do in this case. If you are having any issues with noise please contact the Health Department, Phil Brewer, and they should be able to help you out there. Original Message From: Trina Trotter [mailto:tltrotter@yahoo.com] Sent: Wednesday, October 07, 2009 10:25 AM To: Ann Siron Subject: RE: Jorge Vega's rodeos I would be willing to attend the hearing assuming I can get off of work. I will check with my neighbors and see if this is something they might be able to do. Thanks for the info. Let me know when the hearing is scheduled for. --- On Tue, 10/6/09, Ann Siron <asiron a)co.weld.co.us> wrote: From: Ann Siron <asiron@co.weld.co.us> Subject: RE: Jorge Vega's rodeos To: "Trina Trotter" <tltrotter@yahoo.com> Date: Tuesday, October 6, 2009, 6:27 AM Trina, Mr. Vega is being scheduled into November's violation hearings. He is stating that these events are just "friends" and is not charging so it's making it difficult as that would be the trigger to make it a definite requirement for a permit. Are you and other concerned neighbors willing to attend these hearings on your behalf? Otherwise there may be a chance this case gets dismissed as it did last time. 1 Original Message From: Trina Trotter [mailto:tltrotter@yahoo.com] Sent: Monday, October 05, 2009 7:07 PM To: Ann Siron Subject: Jorge Vega's rodeos Hi Ann. I wanted to inform you that Jorge Vega on WCR 55 and 74 is still holding rodeos. He had one this past Saturday with well over 100 people. Probably close to 300. It was an all day event with people that appeared to have been drinking leaving in mass droves in the evening hours. Is there anyway you could inform the Weld County Sheriffs office that he does not have the proper permit to be holding these events? They seem to think he is well within his rights to be holding these rodeos and do not want to do anything about it. I don't understand how it continues to go on but it is extremely frustrating for me as well as many of my neighbors. Please advise. Trina Hill 2 $4t Wf�Dc September 10, 2009 VEGA ABELARDO & NANCY 1711 E 16TH ST GREELEY, CO 80631 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: ZCVC9-00265 Legal Description: 9577 W2NW4 3 6 64 EXC UPRR RES (3R) SITUS: WELD 000000000 Dear: VEGA ABELARDO & NANCY : 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. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.B Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 23-3-40.B 17 Rodeo Arenas, Commercial 23-3-40. B.18 Roping Arenas, to include both indoor and outdoor arenas, commercial. To bring your property into compliance with the Weld County Code: A USE BY SPECIAL REVIEW (USR) APPLICATION SHALL BE COMPLETED AND SUBMITTED TO THE DEPARTMENT OF PLANNING SERVICES FOR THE OPERATION OF A COMMERCIAL RODEO/ROPING ARENA. A PRE -APPLICATION REVIEW REQUEST HAS BEEN INCLUDED FOR YOUR CONVENIENCE. COMPLETE AND SUBMIT BACK TO OUR DEPARTMENT. THIS IS THE SECOND VIOLATION OF THIS NATURE ON THE PROPERTY SINCE 2008 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 10/10/2009, 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. Sincerel AnnSiron Zoning Comp i�nee-Plfficer pc: ZCV09-00265 Page 2 of 2 September 02, 2009 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 VEGA ABELARDO & NANCY 1711 E 16TH ST GREELEY, CO 80631 Case: ZCV09-00265 Legal Description: 9577 W2NW4 3 6 64 EXC UPRR RES (3R) SITUS: WELD 000000000 Dear VEGA ABELARDO & NANCY: 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 ROPING/RODEO FACILITY STARTING BACK UP WITHOUT A USE BY SPECIAL REVIEW (USR) PERMIT. 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, Aniron Zoning Compliance Officer pc: ZCV09-00265 Page 1 of 1 Identify Results Page 1 of 3 Account#: R1178586 Tax Area: 0741 Acres: 77 WELD COUNTY ASSESSOR PROPERTY PROFILE Township Range Section Quart. Sec. 06-64-03-0 Owners Name & Address: VEGA ABELARDO & 1711 E 16TH ST GREELEY, CO 80631 Additional Owners: VEGA NANCY L Business/Complex: Sale Date 10/27/1989 Sale Price $80,000 Parcel*: 080103000021 Bordering County: Subdivison Name Block#Lot# Property Address: Street: 35918 55 CR City: WELD Sales Summary Deed Type Legal Description Reception # 02196125 9577 W2NW4 3 6 64 EXC UPRR RES (3R) SITUS: WELD 000000000 Land Type Agricultural Agricultural Agricultural Agricultural Land Subtotal: Abst Code 4117 4167 4117 4117 Bldg# Property Type 1 2 3 4 Residential Out Building Out Building Out Building Land Valuation Summary Unit of Number of Measure Units Acres Acres Acres Acres 1.5 7 21.3 47.2 Actual Value Assessed Value 77 $29,310 $8,500 Buildings Valuation Summary Actual Value Improvements Subtotal: $98,255 Total Property Value Assessed Value $18,320 $127,565 $26,820 Building Details Account#: R1178586 Parcel#: 080103000021 Owners Name & Address: VEGA ABELARDO & 1711 E 16TH ST GREELEY, CO 80631 Property Address: Street: 35918 55 CR City: WELD http://maps2.menick.com/W ebsite/ W eld/setSq l.asp?cmd=QUERY& DET=PP&pin=08010... 8/27/2009 Identify Results Page 2 of 3 Building# 1 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Account#: R1178586 Owners Name & Address: VEGA ABELARDO & 1711 E 16TH ST GREELEY, CO 80631 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 2 1 4 Property Type Residential Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1922 Forced Air 728 Gable Composition Shingle Units: 1 Detached SQ Ft: Finished SQ Ft: Property Address: Street: 35918 55 CR City: WELD Property Type Out Building Individual Built As Detail Barn Year Built: Wood Frame Siding HVAC: Built As SQ Ft: 0 0 0 0 Roof Type: Roof Cover: Parcel#: 080103000021 0 None 1 Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R1178586 Parcel*: 080103000021 Owners Name & Address: VEGA ABELARDO & 1711 E 16TH ST GREELEY, CO 80631 Building# 3 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Property Address: Street: 35918 55 CR City: WELD Property Type Out Building Individual Built As Detail Shed - Utility Year Built: 0 HVAC: None Built As SQ Ft: 1 0 Roof Type: 0 Roof Cover: 0 0 Units: 0 http://maps2.merrick.com/ W ebsite/W eld/setSq l.asp?cmd=QUERY&DET=PP&pin=08010... 8/27/2009 Identify Results Page 3 of 3 Garage: Attached SQ Ft: Basement: Total SQ Ft: Account#: R1178586 Owners Name & Address: VEGA ABELARDO & 1711 E 16TH ST GREELEY, CO 80631 Building# 4 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Detached SQ Ft: Finished SQ Ft: Property Address: Street: 35918 55 CR City: WELD Property Type Out Building Individual Built As Detail Shed - Utility Year Built: HVAC: 0 0 Built As SQ Ft: Roof Type: Roof Cover: Parcel#: 080103000021 2005 None 7200 Gable Units: 1 Detached SQ Ft: Finished SQ Ft: http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=08010... 8/27/2009 AR2196125 - B1 R.B.C. 02196125 10/31/89 16:02 .00 1/001 - F 21u4 MARY ANN FEUERSTEZN CLERIC & RECOR.. WELD CO, CO c LGWafraxLty6Deed - THIS DEED is a conveyance of the real property described below, Including any improvements and other appurtenances (the "Property"( from theindlvidual(s), 00rporallonls), pannenhip(s), orather entlty(ies) named below as GRANTOR to the ir4ividualts) or entity(leaj named below as GRANTEE. The GRANTOR hereby sells end conveys the property to the GRANTEE and the GRANTOR warrants the title [o the property, except for (1) the lien of the general property taxes for the year DI this deed. which the GRANTEE will pay (2) any easements and rights -or -way shown of record many patent reservation, and exceptions N) arty outstanding mineral interests shown of record (5) any protective covenants end restrictions shown of record, and 18) any additional matters shown below under'Addltional warranty Exceptions", The Specific Terms of This Deed Are: Grantor: (Give name (s) end plaea(st al recdence: It the spouse of she owner -grantor u joining in Ihis Dawdle release homestead r:9ntc. identity grantors as husband and wile.) ROBERT C. COUTURE and JUDITH D. COUTURE 22 South Denver Avenue Johnstown, Colorado 80534 Grantee: (Give name(S) and eddreSsles)l Statement of address. including available road or stress numoer, is legume].t ABELARDO VEGA and NANCY L. VEGA 35918 Weld County Road 55 Eaton, Colorado 80615 l S -co Form of Co -Ownership: Joint Tenants Property Deecrlpllon: III there are two sir nave grantees named, they will be considered to taken tenants in common unless the wore>' in joint tenancy' or words of the same meaning are added in the space below,) uncwae county and mate ) The W 1/2 of the NW 1/4 of Section 3, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, including two (2) shares of the Capital Stock of The West Irrigation Company; two (2) shares of the Capital Stock of She Owl Creek Supply and Irrigation Company; and two (2) shares of The Larimer and Weld Irrigation Company. StatepocumentaryFee Date .G ..d..'.... 0O Properly Address: 35918 Weld County Road 55, Eaton, Colorado 80615 Consideration: (The statement of a dollar amount is optfonef adequate eomideretion for Oils dead wilt oe presumed unless tines conveyance fa irsenntled as a oft: in any case mis conveyance's absolute. neat and uncondLRone..l Eighty Thousand Dollars and No/100ths ($80,000.00) Reeervadone•RestNetjona: al the GRANTGfl Thomas to reserve any Interest In the properly or to convey less than rte owns. orinthe GRANTOR is resmcting my GRANTEES right in me stopeny, make appropriate edicanpa.l Additional Warranty Exceptions: Ilnclude seeds of trust being assumed and ome, matter not covered above.) Except a first Deed of Trust in favor of The Farm Credit Bank of Wichita in the original amount of $53,100.00 dated August 10, 1988 and recorded August 10, 1988 in Book 1205 as Reception No. 2151055, re—recorded August 22, 1988 in Book 1206 as Reception. No. 2152183 which grantees neither assume nor agree to pay. eeecutad by the Grantor on October 2.7 le 89 Signalers Clause for Corporation, Panmmnlp or Association: alanpun Gw+n br IndlelouYUF Name s) Grantor Corporation. Partnership or Association ay By STA bFZIfitCO}LORAD `...; ) 94. Tiiitoragothlt metre t.lye tr4nowteegee retort me trio B):•7 -:R /� '"70(`.� .Ccudure and Judith D. WITNESS;m>�Famaind"odicret 'teat. YycanmArpn arsine; 'MPS '20, 1991 STATE -or'''. '; r... ) u. The foregoing instrument was acxnoeteooeo Debora me this By• m name individual Gnntorts) or II Grantor is Gorporaton. Pe reteanie or Association, then identity Signers as presidentor vice omelet and secretary or efferent secretary of carporatlom or ea panner(el of partnership: or es sumonaed memlMr(s) of aseodieton.) ,bert C. Couture —� ci„tiA Judith D. Couture Grantor Grantor 27th Couture Goy al October Grantor ,ta 89 day of WITNESS my nand and official seal. My commission expires: Notary Pubtic 1sb,DPDATE LEGAL FORMS P.O. Box (515- Greetey, Colorado 60632 (3011 2X-6140 NO. 201 IS' 80 I Hello