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Home My WebLink About20092295.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0900129 AGAINST FIDEL MOLINA 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, Fidel Molina, ZCV #0900129, 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 31st day of August, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Fidel Molina 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 Fidel Molina 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. 2009-2295 PL0824 &c". Pt , k/o VIOLATIONS - ZCV #0900129 - FIDEL MOLINA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: EXCUSED Weld County Clerk to t BY APP Deputy Clerk to the B ounty Attorney Date of signature 9�//O Willman F. Garci r erw`°B .rR►vriab►se% Douglas Rademacher, Pro-Tem Sean P. Conway aAir sr(_ i.i LIU aarp Kirkmeyer / U� E David E. Long 2009-2295 PL0824 VIation Summary Rep^rt BASIC INFORMATION MOLINA FIDEL Tenant: Compliance Officer: Ann Siron Violation Number: ZCV09-00129 Situs Address: Legal: W4-6 L5 & N2 L6 BLK4 VALLEY VIEW SUB SITUS: 3715 MCAVOY AV WELD 80620 Location Directly south of 37th Street and West of and adjacent to McAvoy Ave in the subdivision of Valley View North Some Ag zone districts and Evans city limits South Some Ag zone districts and Evans city limits East Some Ag zone districts and Evans city limits West Some Ag zone districts and Evans city limits Parcel Number: 096130204023-R0179788 Acreage: 0.22 3715 MCAVOY AVE EVANS, CO 80620 Location: Certified Mail Date: 07/09/2009 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.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) 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 -tractors and trailers, dump trucks, ocnstruction equipment and tow trucks. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the use is allowed through the zone district. REMEDY THE REGISTRATION FOR THE BUS THAT HAS BEEN CONVERTED INTO AN RV SHALL BE CHANGED FROM "COMMERCIAL" TO "RECREATIONAL" THROUGH THE DEPT. OF MOTOR VEHICLE OR THE VEHICLE SHALL BE REMOVED. RECOMMENDATION 2009-2295 V'olation Summary Rep^rt The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. LETTER HISTORY 04/28/2009 Complaint Validated 04/28/2009 LTTR: 5 Day Letter 05/19/2009 LTTR: Violation Notice 07/09/2009 LTTR: Hearing Notification OTHER CASE HISTORY 04/20/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: COMMERCIAL BUS PARKED ON THE SOUTH END OF THE PROPERTY. 11111Die COLORADO July 09, 2009 MOLINA FIDEL 3715 MCAVOY AVE EVANS, CO 80620 WELD COUNT r 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: ZCV09-00129 Legal Description: W4-6 L5 & N2 L6 BLK4 VALLEY VIEW SUB SITUS: 3715 MCAVOY AV WELD 80620 Dear MOLINA FIDEL: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 08/11/2009 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.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) 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 -tractors and trailers, dump trucks, ocnstruction equipment and tow trucks. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the use is allowed through the zone district. Page 1 of 2 hiDeCOLORA 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 To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING AN OFFICE VISIT, THE REGISTRATION FOR THE BUS THAT Hi BEEN CONVERTED INTO AN RV SHALL BE CHANGED FROM "COMMERCIAL" TO "RECREATIONAL" THROUGH THE DEPT. OF MOTOR VEHICLE. WHEN THIS HAS BEEN DONE PLEASE SUBMIT A COPY TO THE DEPARTMENT OF PLANNING SERVICES SO THAT WE MAY CLOSE OUT THE VIOLATION. 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: ZCV09-00129 Page 2 of 2 III COLORADO. /� ��yi WWRADO April 28, 2009 MOLINA FIDEL 3715 MCAVOY AVE EVANS, CO 80620 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: ZCV09-00129 Legal Description: W4-6 L5 & N2 L6 BLK4 VALLEY VIEW SUB SITUS: 3715 MCAVOY AV WELD 80620 Dear MOLINA FIDEL: 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 COMMERCIAL VEHICLE (COMMERCIAL BUS) WITHOUT A ZONING PERMIT FOR A COMMERCIAL VEHICLE (ZPCV). 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, tv Ann Siron Zoning Compliance Officer pc: ZCV09-00129 1105 Ccou'Ct c) — 3ZI- 3 Page 1 of 1 Insurance Identification Card Colorado Progressive Preferred Insurance Co Named Insured FIDEL MOLINA SEGUROS OT STREET C GREELEY, CO 80634 Vehicle Year Make 1984 CRUISE AIR Model OTHER PROGRESSIVE Policy Peri od: Dec 36857365-00 8 to Dec 17, 2009 Policy Your Agent SEGUROS AZTLAN 970-356-6677 To report a claim: 800-274-4499 Coverage meets the limits required by law vehicle identification No. 1M89CM8A5EP039007 Fc l Mil i k -,o , sic T2-�orf 1-)C c YJO )1 ccAT L Ed of 37s 4Lchc'j lip oaf- s Cocas, bird Somas H i e t 6 fl s-ir Gi and 'Pc May 19, 2009 MOLINA FIDEL 3715 MCAVOY AVE EVANS, CO 80620 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: ZCV09-00129 Legal Description: W4-6 L5 & N2 L6 BLK4 VALLEY VIEW SUB SITUS: 3715 MCAVOY AV WELD 80620 Dear: MOLINA FIDEL : 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.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) 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 -tractors and trailers, dump trucks, construction equipment and tow trucks. A COMMERCIAL VEHICLE shall not be allwoed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the use is allowed through the Zone District. RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled VEHICLE with or without a flexible, removable or collapsible walls and partitions designed to be used as a dwelling for travel, recreation or vacation USES. The term RECREATIONAL VEHICLE shall Page 1 of 2 tftr-Hii•I WEYPc 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 include: motor home, camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not extend above the cab of camper shells that do not extend above the cab of the truck. For the purpose of this Code, a RECREATIONAL VEHICLE shall be subject to all requirements and restrictions for MOBILE HOMES as provided in this Chapter when its placement is intended for nontransient residency. A RECREATIONAL VEHICLE shall not be used for TEMPORARY Storage, TEMPORARY ACCESSORY Farm USE, TEMPORARY ACCESSORY USE During a Medical Hardship, TEMPORARY ACCESSORY USE as an OFFICE, or as a Principal DWELLING UNIT. To bring your property into compliance with the Weld County Code: THE REGISTRATION FOR THE BUS THAT HAS BEEN CONVERTED INTO AN RV SHALL BE CHANGED FROM "COMMERCIAL' TO "RECREATIONAL". WHEN THIS HAS BEEN DONE PLEASE SUBMIT A COPY TO THE DEPARTMENT OF PLANNING SERVICES SO THAT WE MAY CLOSE OUT THE VIOLATION. 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 06/19/2009, 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 6fficer pc: ZCV09-00129 Page 2 of 2 April 28, 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 MOLINA FIDEL 3715 MCAVOY AVE EVANS, CO 80620 Case: ZCV09-00129 Legal Description: W4-6 L5 & N2 L6 BLK4 VALLEY VIEW SUB SITUS: 3715 MCAVOY AV WELD 80620 Dear MOLINA FIDEL: 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 COMMERCIAL VEHICLE (COMMERCIAL BUS) WITHOUT A ZONING PERMIT FOR A COMMERCIAL VEHICLE (ZPCV). 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: ZCV09-00129 Page 1 of 1 ZONING CODE COMPLAINT I C. 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: zV "�—/ Wid` V Staff/Name O Citizen 0 Other HEALTH DEPARTMENT Citizen's Name (If known) ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known): ❑ BUILDING CODE COMPLAINT O PUBLIC WORKS / PEST & WEEDS Date Complaint was received: Pending Case k (i.e. USR, RE, SE. ect...): Legal Description: Life,' 47 8/K dai/� 44≥i R Parcel #: �%L -30 -2 _6'/ - Dg 3 Violation Address: ,x,7)5 // ,eal"Y C/Ite ( miff CO $OO?c Property Owners Name: Phone: Property Owners Address: Tenant's Name: _ Tenant's Address: NATURE Phone: OF eat- z,n M C3 �'a� bum COMPLAINT: Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0179788 x;'Erv:•.�>*,Ylf'il::Yt-i]F.:^ALGA"S2�SL"1.�YU4�YM.Nft•YfrfBGF1� 6}dMRY�Yi.'PJEHIWARRPF'YtMYEr$.%f•nxYIIGYTiP'tY!.ix;: Parcel#: 096130204023 Tax Area: 0696 Bordering County: Acres: 0.2152 Township Range Section Quart. Sec. Subdivison Name Block# Lot# VALLEY VIEW (GREELEY) - 4 - 5 05-65-30-2 i:YAtl� L'SYi:fb,��A4. Y.AH3,:PUIN+N�b(itlftl9VdFM1IGZOitltl� W IiLY,SN@!A'T.AAAAL1�tlB�0 4Y 1J1iMfipY V IC Owners Name & Address: MOLINA FIDEL 3715 MCAVOY AVE EVANS, CO 80620 Property Address: Street: 3715 MCAVOY AV WELD City: WELD Business/Complex: Sale Date 8/27/1999 Sale Price $40,000 Sales Summary Deed Type WD Reception # 2717234 Legal Description VV4-6 L5 & N2 L6 BLK4 VALLEY VIEW SUB S1TUS: 3715 MCAVOY AV WELD 80620 Land Type Residential Land Subtotal: Abst Code 1135 Land Valuation Summary Unit of Number of Measure Units Site Actual Value Assessed Value $27,500 $2,190 Buildings Valuation Summary Bldg# 1 Property Type Residential Improvements Subtotal: Actual Value Assessed Value $0 $0 Total Property Value Account#: R0179788 Owners Name & Address: MOLINA FIDEL 3715 MCAVOY AVE EVANS, CO 80620 Building# 1 Built As: Exterior: Detached Garage Frame Hardboard Building Details Property Address: Street: 3715 MCAVOY AV WELD City: WELD Property Type Residential Individual Built As Detail Year Built: HVAC: $27,500 $2,190 1960 None Parcel#: 096130204023 http://maps2.merrick. com/W ebsite/Weld/setSq l.asp?cmd=QUERY&DET=PP&pin=09613... 4/28/2009 Identify Results Page 2 of 2 Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garaoe: Attached SQ Ft: Basement: Total SQ Ft: 0 0 1 0 Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 440 Composition Shingle 0 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09613... 4/28/2009 1111111 11111 111111111111 viii f. ;11111 III 111111111 IIII 2717234 09/31/1999 12:19P kMld County CO 1 of 1 R 5.00 D 4.00 JA Suk1 Twukamoto Warranty Deed D.F. 84.00 THIS DEED is a conveyance of he real property describebelow. including -any improvements and other appurtenances (the property') from the mdividual(s), corporation(s), pannership(s), or other entity(ies) named below as GRANTOR to the individual(s) or entity(ics) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for (I) the lien of the general property taxes for the year of this deed, which the GRANTEE will pay (2) any easements and rights -of - way shown of record (3) any patent reservations and exceptions (d) any outstanding mineral interests shown of record (5) any protective covenants and restrictions shown of record (6) any additional matters shown below under 'Additional Warranty Exceptions', and (7) subject to building and zoning regulations. The Specific Terms of This Deed Are: Grantor: ((Eve names) and pincers) of residence; if the spouse of the owner -grantor a joining in this Gc ton, release homestead rights. identify grantors as husband and wife.) JOSIE T. BAROS Grantee: Our names) and addressees); staemeN or address. including available road or street number.) FIDEL MOLINA 3725 MCAVOY AVE., EVANS, CO 80620 Pennof Co -Ownership: (If there are two or more grantees named, they will be considered to rake as tenants in common unless the words to tenancy" or words of the same meaning are added in the space below.) Joint Property Description (Includecounty-and stair) LOT 5 AND THE N 1/2 OF LOT 6, BLOCK 4, VALLEY VIEW SUBDIVISION. WELD COUNTY, COLORADO. Property Address: 3713 MCAVOY AVENUE EVANS,_COLORADO 80620 Consideration: (The statement of a dollar amount is optional, adequate consideration for this deed will be as a gip. In any case this conveyance is absolute, final and uncondidon lk presumed unless Mrs conveyance is identified FORTY THOUSAND AND 001100 Re rvatforrs-Restrictloru: (If the GRANTOR intends to reserve any imerest in the property or to convey less than is owned. or if the GRANTOR is restricting the GRANTEE'S eight in the propeny, snake appropriate indication ) Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters am covered above.) Executed by the Grantor on AUGUST 27, 1999 Signature for Corporation, Partnership or Association: Name of Granter: Corporation, Partnership or Association By By '1\ L. Signature For Indieitsabs), 10$(E 1'. BAROS Grantor Grantor Attest) STATE OF COLORADO-- COUNTY OF WELD tea The foregoing instrument was acknowledged before me this 27th day of AUGUST, 1999 By JOSIE T. BAROS WITNESS my hand and official seal. My commission expires: AUGUST 0, 2001 STATE OF ar COUNTY OF The foregoing instrument was acknowledged before me this By' I7 p rbJI2 GR[ELEYt- BU Notary Pp6'c 1221 8tk✓A VENUE, day of Grantor ('tame individual Geranmr(s) or if Grantor Is Corporation. Partnership or Association then identify signers as president or vice president and secretary or amount secretary of corporation; or as mnner(s) of partnership; or as authorized members) of association.) WITNESS my hand and official scat. My commission expires: O 1981 UPDATE LEGAL FORMS Mary Public WCTC No. 201-L J 4 `— N J c-, c) - Q I- O 1,5 38TH 0 TRD ,z.1 f Hello