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HomeMy WebLinkAbout20090571.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0800385 AGAINST MANUEL AND ANITA BALDERAS 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, Manuel and Anita Balderas, ZCV #0800385, 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 March, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Manuel and Anita Balderas 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, due to the property owners submitting a Use by Special Review application. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0800385 against Manuel and Anita Balderas be, and hereby is, referred back to the Department of Planning Services. CC', P� V10c- 2009-0571 PL0824 o3/ c ( 09 VIOLATIONS - ZCV #0800385 - MANUEL AND ANITA BALDERAS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of March, A.D., 2009. ATTEST: Weld County Clerk to the BY APE Deputy Cler to the Board D AS TO 6unty ' ttorney Date of signature. BOARD OF CO TY COMMISSIONERS ' N WELD QOUffYS, OLORADO illiam F. Garc ah Chair Seas P. Conway aKirkme�Iyer c.\ (1 David E. Long 2009-0571 PL0824 V: lation Summary Rep( t BASIC INFORMATION BALDERAS MANUEL & ANITA Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: 2732 CR 27 FORT LUPTON, CO 80621 Bethany Salzman ZCV08-00385 7853 HWY 85 PT E2NE4 30-2-66 LOT A REC EXEMPT RE -2012 SITUS: 7853 85 HWY WELD 806218809 Location North South East West West of and adjacent to Hwy 85 and approximately 500 feet South of CR 18 Agriculturally Zoned properties and a couple Industrially (1-3) Zoned properties Agriculturally Zoned properties and Fort Lupton's IGA boundary Agriculturally Zoned properties Agriculturally Zoned properties Parcel Number: 130930100034-R7435298 Acreage: 3.81 Certified Mail Date: 02/02/2009 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.G JUNKYARDS or salvage YARDS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. REMEDY The operation of a vehicle storage yard and towing facility shall be removed from the property or a Use by Special Review application shall submitted and completed and a plat recorded. RECOMMENDATION The Department of Planning Services recommends this case to be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 12/01/2008 Complaint Validated 12/01/2008 LTTR: 5 Day Letter 12/23/2008 LTTR: Violation Notice 02/02/2009 LTTR: Hearing Notification OTHER CASE HISTORY 11/24/2008 Property Inspected 12/19/2008 02/05/2009 02/19/2009 Office Visit Certified Mail Receipt Other Upon a visual inspection of the property, the following items were noted: 3+ tow trucks. No pictures were taken during this inspection. Pre -Application Meeting (PA08-114) - See notes in file. Certified Receipt received - signed. 7 Day Completeness Review packet submitted for review - Jacqueline Hatch processing. Due 02/26/09. 2009-0571 WELD COUNTY COMPLETENESS REVIEW REVIEW DATE: 2/25/09 TYPE OF APPLICATION: Use by Special Review (USR) NARRATIVE: A USR for auto sales, salvage, towing, services and repair. LEGAL DESCRIPTION: Lot A of RE -2012 being part of the NE4 of Section 30, T2N, R67W COMPANY NAME/REPRESENTATIVE/OWNER: property owner — Manuel and Anita Balderas PARCEL NUMBER: 1309 30 100034 SECTION - TOWNSHIP - RANGE: 30-2-66 PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Jacqueline Hatch-Drouillard at 720-652-4210 extension 8730, or email at jhatch(W.co.weld.co.us REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of Planning Services. Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre - application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. REVIEW STAFF: Planning: Jacqueline Hatch-Drouillard — ihatchco.weld.co.us - 720-652-4210 x8730 Public Works: Clay Kimmi — ckimmico.weld.co.us - 970-304-9496 x3750 Public Health: Lauren Light — Ilight@co.weld.co.us — 970-304-6415 x2211 Building: Frank Piacentino — fpiacentinoaco.weld.co.us — 720-652-4210 x8730 Greeley Office — 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Weld County Department of Planning Services Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 WELD COUNTY PLANNING COMMENTS The Department of Planning Services has reviewed the 7 -Day Completeness Review and has no additional requirements at this time. BUILDING COMMENTS The Department of Building Inspections has reviewed the 7 -Day Completeness Review and states that a building permit will be required for any structures built or change of use of any building. PUBLIC WORKS COMMENTS Public Works has reviewed the 7 -Day Completeness Review and note the following: Site Plan: A site plan was submitted. A detailed review of the site plan was not completed at this step of the process but it is noted that the water quality features and drainage areas need to be shown on the site plan drawing. Drainage easements for the water quality features also need to be shown. Traffic Study: Weld County Public works has waived the traffic study requirement. Please provide traffic counts for the number of employees as well as delivery trucks and customers. Preliminary Drainage Report: Weld County Public works has waived the drainage report requirement but, a water quality capture feature and volume calculation is required see Urban Drainage and Flood Control District; Volume III; section 4.4.2 for the calculation procedure. The calculations were included with the submittal but were not reviewed at this step in the process. Geotechnical Soils Report: Weld County Public works will not require a Geotechnical Soil Report. Flood Hazard Development Permit: The site is not within a FEMA designated 100-yr floodplain. Summary: The Public Works Department feels that the applicant can submit the application including the above requirements. HEALTH DEPARTMENT COMMENTS The Health Department has reviewed the 7 -Day Completeness Review and has noted the following 1. why is there a concrete wash out pit? 2. how will fluids leaking out of cars be contained? It is not able to go onto the ground or into the septic. 3. portable toilets are not allowed 4. where is painting being done? Inside or outside? Will need air permit from the State. 5. provide a detailed waste handling plan including all fluids such as oil, antifreeze, paints etc. Greeley Office — 918 10m Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Weld County Department of Planning Services Longmont Office — 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsaizman@co.weld.co.us February 02, 2009 BALDERAS MANUEL & ANITA 2732 CR 27 FORT LUPTON, CO 80621 Case: ZCV08-00385 Legal Description: PT E2NE4 30-2-66 LOT A REC EXEMPT RE -2012 SITUS: 7853 85 HWY WELD 806218809 Dear BALDERAS MANUEL & ANITA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 03/10/2009 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. 23-3-40 Uses by special review 23-3-40.G JUNKYARDS or salvage YARDS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: The operation of a vehicle storage yard and towing facility shall be removed from the property a Use by Special Review application shall submitted and completed and a plat recorded. 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. Page 1 of 2 m .n Er ru ru Er m DT C O 0 O 7005 1160 Etc WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us 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, ethany Salzma Zoning Compliance Officer pc: ZCV08-00385 U.S. Postal Service.., CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage 8 Fees Sent i Postmark Here Street, Apt. a.; or Po Box No. e sai __ __ _ ' 1 .. ........ (a-) City, State, ZlP+4 c ■ ■ ■ aLl O w J W cc a C7 a a c 4 n s Domestic Return Receipt Page 2 of 2 December 23, 2008 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 35 55 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us BALDERAS MANUEL & ANITA 2732 CR 27 FORT LUPTON, CO 80621 Case: ZCV08-00385 Legal Description: PT E2NE4 30-2-66 LOT A REC EXEMPT RE -2012 SITUS: 7853 85 HWY WELD 806218809 Dear: BALDERAS MANUEL & ANITA : 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.G JUNKYARDS or salvage YARDS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: The operation of a vehicle storage yard and towing facility shall be removed from the property or a Use by Special Review application shall submitted and completed and a plat recorded. 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 02/23/2009, 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. Page 1 of 2 Bethany Salzman Zoning Compliance Officer II pc: ZCV08-00385 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I I 918 10th, St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us Page 2 of 2 MEMORANDUM TO: PA08-114; Case File, pre -application DATE: December 19, 2008 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre -Application Meeting prior to submitting USR for mining operation Attendees: Manuel Balderas, Applicant Anita Balderas, Applicant Jacqueline Hatch, Planning Michelle Martin, Planning Chris Gathman, Planning Kris Ranslem, Planning Bethany Salzman, Zoning Compliance On Friday, December 19, 2008 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed USR for auto salvage, sale and towing. (The legal description is Lot A RE -2012 E2 NE4 Section 30, Township 2 North, Range 66 West of the 6th P.M.; Situs Address is 7853 Hwy 85) Background Information: The site is currently in violation (ZCV08-00385) and encumbers approximately 3.5 acres. The applicants have a contract with the State Patrol and other local authorities to impound cars on their property. In addition to the designated impound yard the applicants are proposing a salvage yard. There would be some body repair and paint service located on the northern portion of their property. 10 employees will be located on site. The applicants are proposing a new 60x120 building for the salvage yard. It would be used for repair and maintenance of the vehicles. There is currently a house located on site. The applicants indicated that they will be moving into the house in the near future. Staff indicated that there was an expired permit from the previous land owner for remodeling of the house. The applicants have obtained approval for a commercial well permit. There is a septic system for the current house. The applicants indicated that they will apply for a new septic permit for the proposed building. Public Works Access is from State Highway 85. No Traffic Study or Geotechnical Report is required. No Drainage Report is required; however the applicants will need to show on the Site Plan where the water from the property collects. The site is not located in a floodplain. Staff suggested visiting with CDOT on their requirements for the applicants proposed sign. Planning Department Staff indicated that the applicants may have to apply for a change of use for the existing buildings. The applicants indicated that the existing buildings will be used for personal storage. Currently there is no fence; however the applicants intend to install fencing around the perimeter as well as gated entrances to the impound area and salvage yard. Staff commented that the violation will not be closed until the USR application has been submitted. Staff explained the USR process - that the applicant shall submit 4 packets for our 7 day completeness review. Once the 7 day completeness review is complete the applicant will be informed of what items are still required to make the applicant complete. After the completed application is submitted it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At the meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. End memorandum. Ostvg VIIDe COLORADO December 01, 2008 BALDERAS MANUEL & ANITA 7853 HWY 85 FORT LUPTON, CO 80621 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us Case: ZCV08-00385 Legal Description: PT E2NE4 30-2-66 LOT A REC EXEMPT RE -2012 SITUS: 7853 85 HWY WELD 806218809 Dear BALDERAS MANUEL & ANITA: 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 towing vehicles and storage without first obtaining the required zoning permits. My records indicate that Kim Ogle, Planning Manager sent you a letter on April 21, 2008 granting you permission to conduct your business on this property provided you obtain a Use by Special Review (USR) permit before November 2008. Upon review of my records and computer, I have been unable to locate any such permit. The first step in this process is a Pre -Application Request meeting. This step is completely free to the application, but does require submital of a short application. Please see the enclosed application or see the following web address: http://www. co.weld.co. us/departments/planning/Planning/Proced u ral_G uides6-15-08/P reAp pl i cati on %20 Req uest%20(2) . pdf This web address will take you to the Pre -Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning & Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre -Application Request link (the 3rd one down). 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. S ncerely, Bethany Salzman Zoning Compliance Officer II pc: ZCV08-00385 Page 1 of 1 int Form Submit by Email I WELD COUNTY PRE -APPLICATION REVIEW REQUEST • The pre -application request is the preliminary review of a land use proposal. Pre -application reviews are required prior to. beginning the application process; however, this review is not an application. • Pre -application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. The second and fourth Friday of any given month pre -applicant reviews are held in the Southwest Service Center office at 10:30 a.m., 11:30 a.m., 1:00 p.m., 2:00 p.m. and 3:00 p.m. Pre -Application reviews are held Thursday of any given week in the Greeley office. To be on the pre -submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map delineating the property location, in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre -application review request. • Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. • Submitting your request in a timely manner is important to get your project scheduled for review. C P VI ILOL.L is IIVI I uuuv•. Name: Phone: Fax: Email: Address: Project Description: Section -Township - Range Zoning Parcel Number Acreage Site Address Water Source Legal Description Sewer Owner Name Is this property currently in violation? Office Use Only Project Title: Description: Review Date: Weld County Department of Planning Services Greeley Office - 918 10m Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 )(Yes F. No Case Number !mil \IN- ..5F .ing Datell` Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: To view the Weld County Code, please go to www.co.weld.co.us, (SPR) SITE PLAN REVIEWS: Brie Conceptual s Existing contours and propos Conceptual drainage Conceptua . ing elevations ptual landscape plan site narrative explaining request swing all structures g, nearby roads, and driveway access FOR (USR) USE BY SPECIAL REVIEWS: (..? ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): ❑ Brief project narrative ing request ❑ Exhibit showing desired changes ade ❑ Location map showing property, surroundm: a an..: acent uses ❑ Conceptual zoning map showing current a .:.pose. -• ing ❑ Conceptual site plan showin_ . res, parking, nearby r' .: - and driveway access ❑ Existing contour . oposed grades ❑ Con - - .. . rainage onceptual landscape plan Weld County Department of Planning Services Greeley Office 918 10u, Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7435298 Tax Area: 2240 Acres: 3.5 Township Range Section Quart. Sec. 02-66-30-1 Owners Name & Address: BALDERAS MANUEL & 7853 HWY 85 FORT LUPTON, CO 80621 Additional Owners: BALDERAS ANITA Business/Complex: Sale Date 11/30/2007 Sale Price $172,000 Bordering County: Parcel#: 130930100034 Subdivison Name Block# Lot# Property Address: Street: 7853 85 HWY City: WELD Sales Summary Deed Type SWD Legal Description Reception # 3520891 PT E2NE4 30-2-66 LOT A REC EXEMPT RE -2012 SITUS: 7853 85 HWY WELD 806218809 Land Type Commercial Residential Land Subtotal: Abst Code 2130 1120 Bldg# Property Type 1 2 3 Residential Commercial Commercial Improvements Subtotal: Total Property Value Account#: R7435298 Owners Name & Address: BALDERAS MANUEL & 7853 HWY 85 FORT LUPTON, CO 80621 Building# 1 Unit of Measure Square Feet Square Feet Land Valuation Summary Number of Units 130680 21780 152460 Buildings Valuation Summary Building Details Property Type Residential Actual Value $114,345 Actual Value $156,838 Assessed Value $29,720 Assessed Value $16,140 $271,183 $45,860 Property Address: Street: 7853 85 HWY City: WELD Parcel#: 130930100034 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1309... 11/26/2008 Identify Results Page 2 of 3 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Account#: R7435298 Owners Name & Address: BALDERAS MANUEL & 7853 HWY 85 FORT LUPTON, CO 80621 Building# 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Account#: R7435298 Owners Name & Address: BALDERAS MANUEL & 7853 HWY 85 FORT LUPTON, CO 80621 Building# 3 Ranch 1 Story Frame Hardboard Drywall 2 4 1 7 0 507 Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: Units: 1928 Forced Air 1632 Composition Shingle 0 Detached SQ Ft: 0 Finished SQ Ft: 0 Property Address: Street: 7853 85 HWY City: WELD Property Type Commercial Individual Built As Detail Mini Warehouse Year Built: HVAC: 0 0 0 Property Type Commercial Built As SQ Ft: Roof Type: Roof Cover: Parcel#: 130930100034 1975 None 1140 Units: 0 Detached SQ Ft: Finished SQ Ft: Property Address: Street: 7853 85 HWY City: WELD Parcel#: 130930100034 Individual Built As Detail Built As: Comm Shed - Equipment Year Built: 1960 Exterior: HVAC: Space Heater Interior Finish: Built As SQ Ft: 576 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft http://maps2.melrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1309... 11/26/2008 Identify Results Page 3 of 3 Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?emd=QUERY&DET=PP&pin=1309... 11/26/2008 DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10'° Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT )Q Staff/Name: ❑ Citizen ❑ 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: 11 - Pending Case # (i.e. USR, RE, SE, ect...): Lao Legal Description: 1 Apc £6-20)Z, ) E L\E..`i ci S5DTZ tiI Parcel #: ?i')-1- 01D`C)E+-1 Violation Address: T3 11A lctRS Property Owners Name:'?'1? t AS1 M-14 C1f 1/ VA ei FCCU Phone: Property Owners Address: .rb lA t4_t lrn 1 (x) SC1 oil Tenant's Name: Dl A Phone: Tenant's Address: ��� •- �^ \, NATURE OF COMPLAINT: �b kuo �Ni1�jY vista- IX4- Additional Notes: cif Alm Wi�Yc. COIARADO April21, 2008 Manuel Balderas MB Auto Service 7853 US Highway 85 Fort Lupton, CO 80621 Subject: Colorado State Patrol Conditional Use for Accident Impoundment Yard Dear Manuel: DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 The Department of Planning Services hereby notifies MB Auto Service that the proposed use of the property located at 7853 US Highway 85, Fort Lupton, CO 80621 for accident reconstruction, fatal accident investigations, felony vehicle holds and general vehicle impounds associated with daily operations conducted by the Colorado State Patrol may occur on site as a conditional use until a date certain in November 2008. On or before this date in November 2008, representatives for MB Auto Service will submit a complete Site Specific Development Plan and Special Review Permit application to the Department of Planning Services for permitting of all activities on site, which also includes the CSP impoundment facility. Should you or representatives for MB Auto Service have any questions, please contact this office as referenced in the masthead of this letter. Thank you for your patience in allowing staff to appropriately research and recommend your request to the elected Officials. anager pc: L. Dodge, Building Technician B. Salzman, Code Compliance File: Property Research 30-2-66 File: LOT A, RE -2012; Part E2NE4 30-2-66 Parcel k 130930100034 */luta Seretee ;. 7853 HWY 85 Fort Lupton, Colorado 303-857-9770 April 9, 2008 Weld County Department of Planning 918 10th Street Greeley, Colorado 80631 RE: Colorado State Patrol Accident Investigation Impound Yard To Whom It May Concern: We are asking the assistance of the Weld County Department of Planning to approve the special use of the property located 7853 Hwy 85 Fort Lupton, Colorado. The Colorado State Patrol is requesting the use of the property for accident reconstruction, fatal accident investigations, felony vehicle holds, and general vehicle impounds. We are asking the department to allow MB Auto Service to operate a towing/impound business from this property in order to better serve our local, county and state law enforcement agencies. The Colorado State Patrol has written a letter of support and a representative from the patrol is available to attend a hearing in support of our business. The property is currently fenced with six food chain link fence and sheet metal privacy fence. All vehicles will be stored in a secured and lighted area. Half of the property will be used for police impounds and the icmaining property will be used in the future in accordance to the approval of the planning department. Thank you for your assistance. Sincerely, Manuel Balderas C <� -- Owner cd Bill Ritter. Jr. GOVERNOR Peter A Welt EXECUTIVE DIRECTOR Colorado State Patrol Colorado Bureau of Investigation Division of Criminal Justice Office of Preparedness. Security. and Fire Safety DS COLORADO DEPARTMENT OF PUBLIC SAFETY April 4, 2008 M and B Towing Mr. Manuel Balderas Sr. 2732 Weld County Road 27 Ft. Lupton, Co 80621 Dear Mr. Balderas: Chief Malt V. Trasfel Colorado State Patrol Too IGpirrg St. Suite 1000 Denver, CO 802155865 (303) 239-4500 TDD (303) 239-4505 FAX (303) 239-4481 I am writing this letter in support of your move to your new location, located at 7853 Highway 85 near Ft. Lupton. After visiting the new site and observing the improvements you have made to the fencing, I am confident that the fence will provide adequate security for any CSP tows that may be towed and stored at your facility. I am also looking forward to the use of the enclosed garages by my Accident Reconstruction Team for their investigations. You have provided Troop 3A with many years of exceptional towing service as a part of our rotation list, I look forward to many more in the future at your new location. Sincerely, asL N÷ Captain Paul Matzke Commander Troop 3A Colorado State Patrol 3939 Riverside Parkway #B Evans, CO 80620 970-506-4982 First in Tra/fic Safely CR 18 GAS STATION IMHGE 8.SHER CID EXmwG DITCH \ SITE TO BE COVERED WITH RECYCLED ASPHALT OTTESENS INC GATE EXISTING FENCE POST 1C BE DEUO NOTE. ENCE I; l u RECYCL VEHICLES I TRASH DRAUMPSTER EXISTING — FENCE TO BE DEMO GATE TRASH DUMPSTER ELL EXISTING 20 ESSEMENT RCCCRD NO 3170526 EXISTING POWER PO FENCE 71I— POLICE I NoOUrvD 11111TH II'IIIF NW BUI DING 60x120' GUARDRAIL .LEACH FIELD W/LANDSCAPING PARKING AREA SIGN 12'X8'�� LANTI' AREA w/EPTscAREA GATE EXISTING BUILDING TO BE DEMO GATE ATE EXISTING BUILDING EXISTING HOUSE f `EXISTING WELL X NEW FENCE X SI ACC SS I 1 I GRASS AREA OTTESENS INC GREEN HOUS 10'X20' EXISTING POWER POLE 11111111111 111111 I i l l l 1111111111111111 I I 11111111/1 HINDI 3520891 12/0312007 02:28P Weld County, CO 1 of 1 R 6.00 0 17 20 Steve Moreno Clerk & Recorder SPECIAL WARRANTY DEED THIS DEED, Merle this 30th day of November 2007 between Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital l Inc. Trust 2006-NC4 of the County of FREDERICK and State of MARYLAND grsntor(s), and Manuel Balderas and Anita Balderas whose legal address is 7853 HWY 85, FORT LUPTON, CO 80621 of the County of Weld, State of Colorado, grantec(s): WITNESS, That the grantor(s), for and in consideration ONE HUNDRED SEMITE —TWO THOUSAND AND NO/100 (I 172;000.00 ), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever not in tenancy in common but In joint tenancy, all the real properly together with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO, described as follows: Lot A of recorded Exemption No. 1309-30-1-RE2012, recorded September 9, 1997 in Book 1625 as Reception No. 2567951, being a pan of the East 'A of Northeast'/. of Section 30, Township 2 North, Range 66 West of the fi* P.M., County of Weld, State of Colorado. State Doc. Fee 73i of the sum of also known by sheet and number as 7853 Highway 85, Fort Lupton, CO 80621 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs, and assigns forever. The grantor(s), for himself, his heirs and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargainedpremises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to atl genders. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. SELLER: Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trost 2006-NC4 BY: W el ergo Bank, N.A.. essor by merger to Wells Fargo I' me ottgage, Inc. . A omw BY: AS: STATE: OF " Maryland COUNTY OF Frederick Thef oin m t was acknowledged before me this /.5..1 day of tWVl..ltabQ by ' .nr I'f'Clts.{a�ri as �q�-��4r� of WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER . WELLSLLS FARGO HOME MORTGAGE, INC. AS ATTORNEY IN FACT FOR Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital line. Trust 2006-NC4 -101P ith `.` �` < No tary Publ c }a: Witness my hand and official seal. My Commission expires: REISPWDITI Special warranty Deed Joint Tennis DAPHNE K. HASSELL NOTARY PUBLIC FREDERICK COUNTY MARYLAND -MY COMMISSION EXPIRES JAN.1, 2010 Security Tine File No. 5023437] Hello