HomeMy WebLinkAbout20092971.tiffRESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONER REGARDING VIOLATION ZCV #0900143
AGAINST JESSIE COGBURN 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, Jessie Cogburn, ZCV #0900143, 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 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, Jessie Cogburn, property owner, 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 refer said matter back to the Department of
Planning Services to allow the property owner 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 #0900143 against Jessie Cogburn be, and hereby is, referred back
to the Department of Planning Services to allow the property owners adequate time to resolve the
matter.
CC''A U/OC
2009-2971
PL0824
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VIOLATIONS - ZCV #0900143 - JESSIE COGBURN
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 20, A.D., 2009.
Weld County Clerk to th
AP
Date of signature. 9
my Attorney
Deputy Clerk to the Board
BOARD OFUNTY COMMISSIONERS
WELD,C,Qt $TY, COLORADO
Douglas ademach_r, Pro -Tern
YQ
Se P. Conway
arbara Kirkmeyer ,'
EXCUSED
David E. Long
2009-2971
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Violation Summary Report
BASIC INFORMATION
COGBURN JESSIE P
Tenant:
COLLINS BOB
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
13473 CR 17
13187 CR 17
PLATTEVILLE, CO 80651
PLATTEVILLE, CO 80651
Bethany Salzman
ZCV09-00143
13473 CR 17
21294 SW4NE4/N2SE4 & SE4SE4 29 3 67 (9RR 3R)
Location West of and adjacent to CR 17 and North of and
adjacent to CR 28
North Agriculturally Zoned properties, Aurora Dairy and Sand
Land Inc (USR-1219)
South Agriculturally Zoned properties
East Agriculturally Zoned properties
West Agriculturally Zoned properties
Parcel Number: 120929000027-R4829086 Acreage: 161.45
Certified Mail Date: 07/21/2009
08/13/2009
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.
23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land
created under the provisions of Chapter 24, Article VIII of this Code.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
23-3-40 Uses by special review
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.
Definitions:
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.
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
As I have discussed with Bob Collins (tenant) while the presence of a NONCOMMERCIAL JUNKYARD
consisting of barrels, iron/metal and miscellaneous debris is an allowed use within the Anrirlilr ira 7rna
2009-2971
Violation Summary Report
District, it must be completely SCREENED from all adjacent properties and public rights -of -ways and it
can not be associated with any commercial activities; otherwise, the items shall be removed from the
property.
Additionally upon discovery there are 2 (two) stick built homes on this parcel, the addition of a mobile
home would vacate the existence of a Nonconforming Structure; therefore, requiring some form of
legal land split process in order to have 1 (one) house on each lot as required per the Weld County
Code.
Lastly I noted several pieces of commercial equipment. In order to store commercial equipment on
Agriculturally zoned properties, a Use by Special Review (USR) permit is required. The first step in
this process is a Pre -Application Request meeting (which my records indicate I sent with my initial
letter). It is my understanding that Mr. Collins is in the process of removing all commercial storage
from the property.
RECOMMENDATION
The Department of Planning Services recommends this case be forwarded to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
05/19/2009 Complaint Validated
05/19/2009 LTTR: 5 Day Letter
05/26/2009
07/21/2009
08/13/2009
08/13/2009
10/02/2009
LTTR: Violation Notice
LTTR: Hearing Notification
LTTR: Hearing Notification
Reschedule
Remanded Back
OTHER CASE HISTORY
05/05/2009 Property Inspected
07/21/2009 Property Inspected
07/24/2009 Certified Mail Receipt
07/30/2009 Office Visit
08/17/2009 Certified Mail Receipt
08/28/2009 Phone Call
Upon a visual inspection of the property, the following
items were noted: construction equipment, barrels,
iron/metal and miscellaneous debris. I also noted a
single wide mobile home and a stick built home. No
pictures were taken during this inspection.
Upon a visual inspection of the property, the following
items were noted: several pieces of construction
equipment, barrels, iron/metal and miscellaneous debris.
I also noted a (possible derelict) single wide mobile
home and a stick built home. No pictures were taken
during this inspection.
Certified Receipt received - signed.
Bob Collins (785-6323) came to the Greeley Planning
Office, Chris Gathman and I discussed various options
with Mr. Collins regarding how to bring the property into
compliance (1.) RE (2.) USR (3.) Remove the mobile
home and NCU. (4.) Since there is 180 acres - create a
deed with the correct meets and bounds. Mr. Collins
indicated he needed to go and speak with Jessie and he
would be in touch. I explained I would go ahead and
cancel the Violation Hearing and re -schedule it for the
October Violation Hearings.
Certified Receipt received - signed.
Bob Collins (785-6323) called. He asked if I could go
ahead and send him the Pre -Application Review Request
form for the USR process. I asked if he had access to a
fax machine. He said yes (785-0767). I told him I would
fax it right away. We then briefly discussed the berm.
He wanted to know if the berm would be okay if he went
Violation Summary Report
09/25/2009 Phone Call
09/29/2009 Other
through the USR application. I told him he would need to
ask staff during the Pre -Application meeting. He said he
would.
Bob Collins called. He said he just got back from hunting
and thought he would have the Pre -Application Request
form for the USR application turned in by next Monday or
Wednesday at the latest. I asked if he was proceeding
with the USR or the RE process. I again explained that
the Use by Special Review (USR) application process
could be utilized for a commercial business and/or a 2nd
home; whereas the Recorded Exemption (RE)
application process would simply split the property. He
said he was also applying for the business and the
house, so the USR process. I said okay. He said he
would call if he had questions.
Advised by Kim Ogle and Stephanie Arries to remove
from October Violation Hearing docket and refer back to
Planning - grant 60 day extension since an attorney
(Wally Grant) had been hired.
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