HomeMy WebLinkAbout20092719.tiffRESOLUTION
RE: ACTION OF THE BOARD REGARDING VIOLATION ZCV #0900110 AGAINST ENRIQUE
AND MARICELA SOTO 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, Enrique and Maricela Soto, ZCV #0900110, 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, Enrique and Maricela Soto, 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 #0900110 against Enrique and Maricela Soto be, and hereby is,
referred back to the Department of Planning Services to allow the property owners adequate time
to resolve the matter.
co PL, viL
2009-2719
PL0824
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VIOLATIONS - ZCV #0900110 - ENRIQUE AND MARICELA SOTO
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.
ATTEST:
Weld County Clerk to the
BY �-�/C2t
Deputy Clerk to the Board
APPROVEWAS T
,c6unty Attorney
Date of signature /1/4/O?
BOARD OF COUNTY COMMISSIONERS
WEL', Ok1N' COLORADO
I
illiam F. Garcia, Chair
i� x arr.xv.,w (.1 c
Douglas Rademac er, Pro-Tem
c
Sean P. Conway
Barbara Kirkmeyer
EXCUSED
David E. Long
2009-2719
PL0824
Violation Summary Report
BASIC INFORMATION
SOTO ENRIQUE & MARICELA
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
Parcel Number:
Certified Mail Date:
Ann Siron
ZCV09-00110
HP8-1 L1 BLK8
WELD 80634
Location
North
1307 9 ST CT GREELEY, CO 80631
HILL -N -PARK SUB SITUS: 4205 GRAND TETON RD
North of and adjacent to 49th Street and East of and
adjacent to 47th Avenue
Evans city limits, some Agriculture and Estate zone
districts
South Evans city limits, some Agriculture and Estate zone
districts
East Evans city limits, some Agriculture zone districts
West Evans city limits, some Agriculture and Estate zone
districts
095926404001-R2691886 Acreage: 0.24
09/16/2009
Currently the property is in violation of:
Chapter 23, Article 111(3), Division 2 Residential Zone Districts
23-3-100 Intent.
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.
COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used
to facilitate an activity where goods, products or services are bought, sold or transferred in
ownership on a fee, contract or barter basis, excluding those uses listed by right and
accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall
include, but is not limited to, semi -trailers, dump trucks, construction equipment, railroad
cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate
to the condition of a DERELICT VEHICLE.
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 tenants 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
rigths-of-way.
2009-2719
Violation Summary Report
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.
REMEDY
A ZONING PERMIT FOR A COMMERCIAL VEHICLE (ZPCV) SHALL BE COMPLETED AND
SUBMITTED TO THE DEPARTMENT OF PLANNING SERVICES FOR THE COMMERCIAL
VEHICLE (BUS) BEING PARKED ON THE PROPERTY LOCATED WITHIN A SUBDIVISION OR
THE REGISTRATION ON THE VEHICLE SHALL BE CHANGED TO RECREATIONAL. OTHERWISE
THE VEHICLE SHALL BE COMPLETELY REMOVED FROM THE PROPERTY.
RECOMMENDATION
THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAT THIS CASE BE REFERRED
BACK TO PLANNING.
LETTER HISTORY
04/09/2009 Complaint Validated
04/09/2009 LTTR: 5 Day Letter
04/15/2009 LTTR: Violation Notice
09/16/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
04/08/2009 Property Inspected
09/15/2009 Property Inspected
UPON A VISUAL INSPECTION OF THE PROPERTY
THE FOLLOWING ITEMS WERE NOTED: LARGE
TOUR BUS, NO PERMITS.
UPON A VISUAL INSPECTION OF THE PROPERTY
THE FOLLOWING ITEMS WERE NOTED: BUS STILL
ON PROPERTY (PARKED ON NEIGHBORS
PROPERTY AT THE TIME).
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