HomeMy WebLinkAbout20092720.tiffRESOLUTION
RE: ACTION OF THE BOARD REGARDING VIOLATION ZCV #0900222 AGAINST DAVID
AND PATSY FINKENBINDER AND ANGELA KRUEGAR 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, David and Patsy Finkenbinder and Angela Kruegar, ZCV #0900222, 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 20th day of October, 2009, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, David and Patsy Finkenbinder and Angela Kruegar, property owners, 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 to allow the property owners adequate time to work with staff to resolve the
matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0900222 against David and Patsy Finkenbinder and Angela Kruegar
be, and hereby is, referred back to the Department of Planning Services to allow the property
owners adequate time to resolve the matter.
2009-2720
PL0824
VIOLATIONS - ZCV #0900222 - DAVID AND PATSY FINKENBINDER AND ANGELA KRUEGAR
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of October, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to t
BY
Deputy Clerk to the Bo
APPR V
WELD COIJJ4t', COLORADO
William F. Garcia, Chair
L err x�c-�
Douglal Radema
Sea
P. Conway
arbara Kirkmeyer
torney EXCUSED
David E. Long
Date of signature: t t 19/09
ice 0L
er, Pro-Tem
2009-2720
PL0824
Violation Summary Report
BASIC INFORMATION
FINKENBINDER DAVID GERALD & PATatlIOT.5 AVE EVANS, CO 80620
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
Ann Siron
ZCV09-00222
4005 35TH AV
17667-E PT E2NE4 26 5 66 BEG 1422.79'S & S89D06'W 53' FROM NE
COR S0D08'E 192' S88D06'W 471.83' NOD08'W 192' N88D06'E 471.83'
TO BEG (2.079A) SITUS: 4005 35 AV WELD 00000
Location West of and adjacent to 35th Avenue and directly South
of 37th Street
North Ag, R-4 and R-5 zone districts and Evans city limits
South Ag and R-5 zone districts and Evans city limits
East Ag zone districts and Evans city limits
West Ag and R-5 zone districts and Evans city limits
Parcel Number: 095926000011-R2636086 Acreage: 2.08
Certified Mail Date: 08/31/2009
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.
23-3-40 Uses by special review
23-3-40.O HOME BUSINESS.
REMEDY
A USE BY SPECIAL REVIEW (USR) APPLICATION SHALL BE COMPLETED AND SUBMITTED TO
THE DEPARTMENT OF PLANNING SERVICES FOR THE COMMERCIAL OPERATION (BURRITOS
BEING SOLD OUT OF SHED ON -SITE). THE PROPERTY IS ALSO OUT OF COMPLIANCE WITH
HEALTH DEPARTMENT REGULATIONS.
A PRE -APPLICATION REQUEST HAS BEEN INCLUDED FOR YOUR CONVENIENCE. THE
APPLICATION SHALL BE COMPLETED AND RETURNED TO OUR DEPARTMENT AND AN
APPOINTMENT WILL BE MADE WITH PUBLIC WORKS, HEALTH DEPARTMENT, PLANNING AND
PROPERTY OWNERS TO REVIEW THE HOME BUSINESS.
RECOMMENDATION
THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAT THIS CASE BE REFERRED
BACK TO PLANNING.
LETTER HISTORY
07/23/2009 Complaint Validated
07/23/2009 LTTR: Violation Notice
08/31/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
07/23/2009 Property Inspected
08/28/2009 Property Inspected
UPON A VISUAL INSPECTION OF THE PROPERTY
THE FOLLOWING ITEMS WERE NOTED: SHED
BEING USED (WITH SIGNS) AS A SELLING AREA
FOR BURRITOS.
UPON A VISUAL INSPECTION OF THE PROPERTY
2009-27:
Violation Summary Report
THE FOLLOWING ITEMS WERE NOTED: FACILITY
SELLING BURRITOS STILL PRESENT, ADVERTISING
UP BY ROAD.
09/17/2009 Phone Call SPOKE WITH DAUGHTER OF THE PROPERTY
OWNERS, ANGELA KRUEGAR. THE BUSINESS IS
HERS BUT SHE WAS IN A REALLY BAD ACCIDENT
THAT HAS LEFT HER IN A WHEEL CHAIR AND WITH
SEVERAL OTHER MEDICAL ISSUES AND SHE IS
NOT SURE ABOUT THE TIME SHE WILL HAVE TO
OBTAIN A PERMIT BUT DOES WANT TO COMPLY. I
EMAILED HER THE PRE -APPLICATION REVIEW
REQUEST AND TOLD HER ONCE SHE SUBMITTED
THAT WE COULD THEN DISCUSS HER OPTIONS
AND ALLOW HER TO DECIDE AT THAT POINT
WHICH DIRECTION SHE WOULD LIKE TO TAKE
WITH THE BUSINESS.
09/24/2009 Phone Call RECEIVED A VOICEMAIL FROM ANGELA WITH
SOME QUESTIONS. I RETURNED HER PHONE CALL
ON FRIDAY BUT SHE WAS IN THE MIDDLE OF A
PHYSICAL THERAPY SESSION AND SHE WOULD
CALL ME BACK.
09/28/2009 Phone Call I CALLED ANGELA BACK AGAIN TO ANSWER HER
QUESTIONS AS I HAD NOT HEARD BACK FROM HER
ON FRIDAY. SHE WAS IN THE MIDDLE OF
SOMETHING BUT ASKED IF I WOULD BE AVAILABLE
AT 4. I TOLD HER I WOULD BE IN THE OFFICE UNTIL
4:30.
10/01/2009 E -Mail Received PRE -APPLICATION REQUEST SUBMITTED.
Hello