Loading...
HomeMy WebLinkAbout20090342.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0800352 AGAINST PATRICIA BURCH AND JILL JACKSON 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, Patricia Burch and Jill Jackson, ZCV #0800352, 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 February, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Patricia Burch and Jill Jackson 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 violation back to the Department of Planning Services for further consideration. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0800352 against Patricia Burch and Jill Jackson be, and hereby is, referred back to the Department of Planning Services. 2009-0342 PL0824 (IL/I', ft, vco L— o./oylog VIOLATIONS - ZCV #0800352 - PATRICIA BURCH AND JILL JACKSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of February, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD tOUNORADO ATTEST: Weld County Clerk to BY: APP Deputy Clerk o the Boa orney Date of signature. William F. Garcia, Chair Douglas ademacher Pro-Tem �— P Se -n P. Conway art ra Kirkmeyer E David E. Long Are - 2009 -0342 PL0824 Violation Summary Report BASIC INFORMATION BURCH PATRICIA & JACKSON JILL Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: 44860 CR 95 BRIGGSDALE, CO 80611 Ann Siron ZCV08-00352 44860 CR 95 N2NW4 24-8-61 (.91R) SITUS: 44860 95 CR WELD 806110000 Location North South East West East of and adjacent to CR 95 and approximately 1/4 mile North of Hwy 14 Agriculture Agriculture Agriculture Agriculture Parcel Number: 054324200007-R2594303 Acreage: 80.50 Certified Mail Date: 01/08/2009 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. 23-3-30.1 Noncommercial Junkyard. 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. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 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 "NONCOMMERCIAL JUNKYARD" CONSISTING OF WOOD, TRASH, MISCELLANEOUS DEBRIS BY BOTH THE SIDE AND FRONT ENTRANCES OF THE HOME, AND ANY ITEMS NOT CURRENTLY BEING USED OR TO MAINTAIN THE PROPERTY SHALL BE REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. 2009-0342 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 11/14/2008 Complaint Validated 11/14/2008 LTTR: 5 Day Letter 12/04/2008 LTTR: Violation Notice 01/08/2009 LTTR: Hearing Notification OTHER CASE HISTORY 11/13/2008 Property Inspected 12/03/2008 Phone Call UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: WOOD, BUCKETS, TRASH AND MISC. DEBRIS. RECEIVED A PHONE CALL FROM PATRICIA. I TOLD HER THERE WAS JUST SOME DEBRIS AROUND THE HOUSE THAT NEEDED TO BE PICKED UP SO THAT IT WAS NOT BLOWING AROUND IN THE FIELDS AND THINGS. I WOULD SEND HER A 30 -DAY LETTER OUT AND SHE JUST NEEDS TO CALL ME BACK WHEN IT HAS BEEN PICKED UP. January 16, 2009 WELD COUN 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 BURCH PATRICIA & JACKSON JILL 44860 CR 95 BRIGGSDALE, CO 80611 Case: ZCV08-00352 Legal Description: N2NW4 24-8-61 (.91R) SITUS: 44860 95 CR WELD 806110000 Dear BURCH PATRICIA & JACKSON JILL: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 02/10/2009 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 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. 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. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 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 Page 1 of 2 COLORADO WELD COUN (V 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 uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION ON 12/03/08 THE "NONCOMMERCIAL JUNKYARD" CONSISTING OF WOOD, TRASH, MISCELLANEOUS DEBRIS BY BOTH THE SIDE AND FRONT ENTRANCES OF THE HOME, AND ANY ITEMS NOT CURRENTLY BEING USED OR TO MAINTAIN THE PROPERTY SHALL BE REMOVES OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. SHOULD THE PROPERTY BE BROUGHT INTO COMPLIANCE PRIOR TO FEBRUARY 9, 2009 THIS CASE WILL BE REMOVED FROM THE DOCKET. OTHERWISE HEARINGS WILL CONTINUE AS SCHEDULED. 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, Ann Siron Zoning Compliance Officer pc: ZCV08-00352 Page 2 of 2 WIIDCL COLORA December 04, 2008 BURCH PATRICIA & JACKSON JILL 44860 CR 95 BRIGGSDALE, CO 80611 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: ZCV08-00352 Legal Description: N2NW4 24-8-61 (.91 R) SITUS: 44860 95 CR WELD 806110000 Dear: BURCH PATRICIA & JACKSON JILL : 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. 23-3-30.1 Noncommercial Junkyard. 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 no 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. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 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. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION ON 12/03/08 THE 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-Maitasiron@comeld.co.us "NONCOMMERCIAL JUNKYARD" CONSISTING OF WOOD, TRASH, MISCELLANEOUS DEBRIS, ANY ITEMS NOT CURRENTLY BEING USED OR TO MAINTAIN THE PROPERTY SHALL BE REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. 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 01/05/2009, 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: ZCV08-00352 Page 2 of 2 November 14, 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 BURCH PATRICIA & JACKSON JILL 44860 CR 95 BRIGGSDALE, CO 80611 Case: ZCV08-00352 Legal Description: N2NW4 24-8-61 (.91R) SITUS: 44860 95 CR WELD 806110000 Dear BURCH PATRICIA & JACKSON JILL: 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 "NONCOMMERCIAL JUNKYARD" CONSISTING OF WOOD, TRASH AND MISCELLANEOUS DEBRIS. 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 STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way. 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. Ann Siron Zoning Compliance Officer pc: ZCV08-00352 Page 1 of 1 ittrz IIIlC. COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 105h Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: tCVOB -p03 IB ZONING CODE COMPLAINT Staff/Name 0 Citizen O Other 0 HEALTH DEPARTMENT Citizen's Name (If known)- ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known): O BUILDING CODE COMPLAINT O PUBLIC WORKS/ PEST & WEEDS Date Complaint was received: Pending Case # (i.e. USR, RE, SE, ect...): Legal Description: Aa/Uleil 8-Lp Parcel #: /(3 ?� a -nO7 Violation Address: elig o efi R5 r geck/e CO tO(il/ Py 4Afc<.QO4, Property Owners Name: rarl /�,lQ � � G►/7 Phone: Property Owners Address: Tenant's Name: _ Tenant's Address: NATURE Phone: OF Itboo /C /4 ha A4 ma", a COMPLAINT: Additional Notes: Identify Results Page 1 of 2 Account#: R2594303 Tax Area: 1007 Acres: 78.74 Township Range Section Ouart. Sec. 08-61-24-2 WELD COUNTY ASSESSOR PROPERTY PROFILE Bordering County: Subdivison Name Block# Lot# Owners Name & Address: Property Address: BURCH PATRICIA ANNE & Street: 44860 95 CR 44860 CR 95 City: WELD BRIGGSDALE, CO 80611 Additional Owners: JACKSON JILL MARI Business/Complex: Sale Date 12/30/2004 Sale Price $0 Sales Summary Deed Type QCN Legal Description Parcel#: 054324200007 PR0rlas, te4113Za WE( Reception # 3249441 N2NW4 24-8-61 (.91R) SITUS: 44860 95 CR WELD 806110000 Land Type Agricultural Abst Code 4127 Land Valuation Summary Unit of Number of Measure Units Acres 78.74 Land Subtotal: 78.74 Bldg# 1 Property Type Residential Improvements Subtotal: Total Property Value Account#: R2594303 Owners Name & Address: BURCH PATRICIA ANNE & 44860 CR 95 BRIGGSDALE, CO 80611 Building# 1 Buildings Valuation Summary Building Details Property Type Residential Actual Value Assessed Value $5,088 $1,480 Actual Value $99,765 $7,940 $104,853 $9,420 Property Address: Street: 44860 95 CR City: WELD Individual Built As Detail Assessed Value Parcel#: 054324200007 http://maps2.merrick.com/Website/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=0543... 11/14/2008 Identify Results Page 2 of 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft Modular Frame Hardboard Drywall 3 5 1 8 Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 2001 Central Air to Air 2304 Gable Composition Shingle 1 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0543... 11/14/2008 �j. C, 11 5 L6 83 i83 a) cc U 6'6 80 6 I m a v 5B 8O Hello