HomeMy WebLinkAbout20091329.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST KIRK AND BOBBIE FERGUSON 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, Kirk and Bobbie Ferguson, ZCV #0701072, 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 16th day of June, 2009, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Kirk and Bobbie Ferguson 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 of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon
such referral until July 16, 2009, to allow adequate time for the property owners to submit the
annexation application to the Town of Johnstown, or remove the business to bring the subject
property into compliance and for an inspection of the property by the Department of Planning
Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0701072 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Kirk and Bobbie Ferguson 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, with an instruction
for delay of action upon such referral until July 16, 2009, to allow adequate time for the property
owners to submit an annexation application to the Town of Johnstown, or completely remove the
business to bring the subject property into compliance.
2009-1329
(?(V Pc_ V;
O 7 /l c /0/1
PL0824
VIOLATIONS - ZCV #0701072 - KIRK AND BOBBIE FERGUSON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of June, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD UNAlV/COLORADO td4/ 2
ATTEST:
Weld County Clerk to the B
BY
AP
DeputyClerk to the Boar
ounty Attorney
Date of signature
illiam F. Garcia, Chair
Sttileher, Pro -Tern
ugl s Rad
Sear P. Conway
A
7//3/07
2009-1329
PL0824
Violation Summary Report
BASIC INFORMATION
FERGUSON KIRK J & BOBBIE 2105 CHRISTOPHER CT JOHNSTOWN, CO 80534
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
Parcel Number:
Bethany Salzman
ZCV07-01072
1211 N PARK AV
21436B PT S2SW4 5 4 67 BEG 417.4'S OF NW COR S2SW4 S104'
E417.4' N104' W417.4' TO POB SITUS: 1211 N PARK AV JOHNSTOWN
805340000
Location
North
South
East
West
East of and adjacent to CR 15 and North of and adjacent
to Park Av
3 Agriculturally zoned properties and Johnstown
Municipal Boundary
1 Agriculturally zoned property and Johnstown Municipal
Boundary
Johnstown Municipal Boundary
1 Agriculturally zoned property (USR-1618) and
Johnstown Municipal Boundary
105905300006-R4491686 Acreage: 1.00
Certified Mail Date: 01/11/2008
05/28/2009
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.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
I contacted John Franklin with the Town of Johnstown and was informed that your annexation
application has not been proceeding at a rate that we expected. Additionally, it was brought to my
attention that a building/electrical permit was requested. This office has a policy of not releasing any
building/electrical permits when a property is in violation if the permit does not correct the violation.
RECOMMENDATION
The Department of Planning Services recommends that this case be continued to the March 11, 2008
Violation Hearings in hopes that this will allow enough time for Mr. Ferguson to submit a completed
Annexation application to Town of Johnstown
LETTER HISTORY
07/17/2007 Complaint Validated
07/17/2007 LTTR: 5 Day Letter
07/20/2007 LTTR: Violation Notice
09/11/2007 LTTR: Violation Notice
01/11/2008 LTTR: Hearing Notification
02/14/2008 Continued
03/24/2008 Remanded Back
05/28/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
2009-1329
Violation Summary Report
07/17/2007 Property Inspected Upon a visual inspection of the property, the following
items were noted: outdoor storage around shop (wood
and other building materials). Truck. No pictures were
taken during this inspection.
07/20/2007 Phone Call Bobbie Ferguson called. She said that most of the
building is used to house some of their personal items.
She said that she has a car in there. She said she has
some old tax records in there. She said they have some
old antique furniture stored in there. She did state that
they have some shelving, tiles, wood that they took from
some demolition work they have completed in the past to
use on other jobs. I explained that type of stuff was
considered commercial storage. I also asked about
them using this address with the state as their business
address. She asked what it would take to just develop
the site. I explained that a Use by Special Review permit
would be necessary. I told her that I would mail her the
application along with a 30 day letter. I advised her that
as long as she cleaned outside and sent me a e-mail
indicating that no commercial activies are conducted
from this site, I would go ahead and close out the
violation, so they could process the USR application
without being considered a violation case. She said that
would be good.
08/28/2007 Office Visit Bobbie Ferguson went into the Greeley Office and tried
to turn in the application fee for a USR. She had not
completed any paperwork, but just wanted to it in without
anything completed. They turned her away, but gave her
a USR application and explained that they needed to
complete it before we could accept it.
01/17/2008 Certified Mail Receipt Certified Mail Receipt received signed.
02/11/2008 Property Inspected Upon a visual inspection of the property, the following
items were noted: it still appears as though the business
is being conducted from this property. See picture dated
02/11/08.
04/28/2009 E -Mail Sent I e -mailed John Franklin (with Town of Johnstown) and
asked how the Annexation was proceeding. He said it
was not.
06/02/2009 Certified Mail Receipt Certified Receipt received - signed.
A(ractiA
Wi�COLOYC
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
4209 CR 24.5
Longmont, CO 80504
Phone: 720-652-4210 x 8739
FAX: 720-652-4211
E -Mail: bsalzman@co.weld.co.us
May 28, 2009
FERGUSON KIRK J & BOBBIE
2105 CHRISTOPHER CT
JOHNSTOWN, CO 80534
Case: ZCV07-01072
Legal Description: 214366 PT S2SW4 5 4 67 BEG 417.4'S OF NW COR S2SW4 S104' E417.4' N104'
W417.4' TO POB SITUS: 1211 N PARK AV JOHNSTOWN 805340000
Dear FERGUSON KIRK J & BOBBIE:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
06/16/2009 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.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:
I contacted John Franklin with the Town of Johnstown and was informed that your annexation
application has not been proceeding at a rate that we expected. Additionally, it was brought to
my attention that a building/electrical permit was requested. This office has a policy of not
releasing any building/electrical permits when a property is in violation if the permit does not
correct the violation.
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
4209 CR 24.5
Longmont, CO 80504
Phone: 720-652-4210 x 8739
FAX: 720-652-4211
E -Mail: bsalzman@co.weld.co.us
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,
hany Salz
Zoning Compliance Officer II
pc: ZCV07-01072
U.S. Postal Service..
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
Postage
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Total Postage 8 Fees
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City, Stale. ZIP+4
Postmark
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SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
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2. Article Number
(Transfer from service label)
COMPLETE THIS SECTION ON DELIVERY
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D. Ispd�elive ddress diffe nt from item 1? ❑ Y
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GREELEY OFFICE
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4. Restricted Delivery? (Extra Fee) ❑ Yes
7007 1490 0004 7353 1504
PS Form 3811, February 2004
Domestic Return Receipt 102595-02-M-1540
Page 1 of 2
Bethany Salzman
From: JOHN FRANKLIN [jfranklin111@msn.com]
Sent: Tuesday, April 28, 2009 7:19 PM
To: Bethany Salzman
Subject: Re: Ferguson, Kirk **ZCV07-01072**
A by-product of the flu I am afraid is boredom - work helps.
I will check and let you know.
John Franklin
Original Message
From: Bethany Salzman
To: JOHN FRANKLIN
Sent: Tuesday, April 28, 2009 2:32 PM
Subject: RE: Ferguson, Kirk **ZCV07-01072**
My goodness.you are a dedicated employee
When you are back in the office, can I have you double check the file and let me know the date for sure.
November seams quite a while ago. In your opinion, is he diligently pursuing this annexation?
From: JOHN FRANKLIN [mailto:jfranklin111@msn.com]
Sent: Tuesday, April 28, 2009 2:28 PM
To: Bethany Salzman
Subject: Re: Ferguson, Kirk **ZCV07-01072**
I am at home and do not have the file - I believe the comments went out in November 2008.
John Franklin
Original Message
From: Bethany Salzman
To: JOHN FRANKLIN
Sent: Tuesday, April 28, 2009 2:23 PM
Subject: RE: Ferguson, Kirk **ZCV07-01072**
Hello John,
When were those sent to him? I can schedule this for my June Violation Hearings if he has dropped the
ball with you guys. Thanks again
From: JOHN FRANKLIN [mailto:jfranklin111@msn.com]
Sent: Tuesday, April 28, 2009 2:22 PM
To: Bethany Salzman
Subject: Re: Ferguson, Kirk **ZCV07-01072**
5/1/2009
Page 2 of 2
Bethany,
Mr. Ferguson has not yet responded to review comments.
John Franklin
Original Message
From: Bethany Salzman
To: John Franklin
Sent: Tuesday, April 28, 2009 2:06 PM
Subject: Ferguson, Kirk **ZCV07-01072**
I am sorry to keep bugging you regarding this case, but can I obtain a status report regarding the
annexation process?
gam.? SAtis
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
(970)353-6100 Ext. 3555 (office)
(970)304-6498 (fax)
bsalzman@co.weld.co.us
Please tell us how we're doing:
http://www.co.weld.co.us/departments/planning/comp improve comments.cfm
5/1/2009
Page 1 of 2
Bethany Salzman
From: John Franklin ufranklin@townotiohnstowncorn]
Sent: Tuesday, October 21, 2008 1:05 PM
To: Bethany Salzman
Subject: RE: Ferguson Annexation
Bethany.
I will contact th F
John Franklin
Original Message
From: Bethany Salzman [mailto:bsalzman@co.weld.co.us]
Sent: Tuesday, October 21, 2008 10:46 AM
To: John Franklin
Subject: RE: Ferguson Annexation
Do you want me to proceed with my violation case or would you rather like to contact them again first?
From: John Franklin[mailto:jfranklin@townoljohnstown.com]
Sent: Tuesday, October 21, 2008 12:34 PM
To: Bethany Salzman
Subject: RE: Ferguson Annexation
Hello, Bethany.
Mr. Ferguson has not yet responded to Town review comments - his wife says he is out of Town quite a
bit.
I have not pressed him to respond but I may have to close out the application if we do not go to hearing
in December.
John Franklin
Original Message
From: Bethany Salzman [mailto:bsalzman@co.weld.co.us]
Sent: Tuesday, October 21, 2008 8:51 AM
To: John Franklin
Subject: Ferguson Annexation
11/17/2008
Page 2of2
Just checking on the status of this annexation? My records show the annexation has not
been recorded yet. Is the hold up on his end? If you want I can proceed with my zoning
Violation case...
ga44,4t Sara -
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
(970)353-6100 Ext. 3555 (office)
(970)304-6498 (fax)
tosalzmaneco.weld.cc.us
Pleas
e tell us how we're doing:
h tp iWWW C? weld co.usideparlments/pi?-onHqicomp ....rove (o ments.cfrn
11/17/2008
Page 1 of 1
Bethany Salzman
From: Bobbie Ferguson [bobbie_kfc@yahoo.com]
Sent: Friday, March 07, 2008 9:25 AM
To: Bethany Salzman
Subject: Fwd: RE: Ferguson Annexation
Attachments: RE: Ferguson Annexation
Good morning Bethany,
I appreciate your help through this process and we did get this completed before the March 11, 2008
date. I have forward you my message from Mr. Franklin to verify we have done so. If the county needs
anything else from us please feel free to call or email me.
Thank you, Bobbie
Note: forwarded message attached.
Looking for last minute shopping deals? Find them fast with Yahoo! Search,
3/7/2008
Page 1 of 1
Bethany Salzman
From: John Franklin [jranklin@townofjohnstown.com]
Sent: Thursday, March 06, 2008 2:04 PM
To: Bobbie Ferguson
Subject: RE: Ferguson Annexation
Bobbie,
I have all I need to begin the annexation process.
Thanks,
John Franklin
Original Message
From: Bobbie Ferguson [mailto:bobbie_kfc@yahoo.com]
Sent: Thursday, March 06, 2008 12:12 PM
To: jfranklin@townoljohnstown.com
Subject: Ferguson Annexation
Good Afternoon Mr. Franklin,
I left you a message also at your office and I was just trying to make sure you recieved the Land
Title Guarantee I took in there yesterday morning. Wed. the 5th of March. Please let me know
if we need anything else. Thank you so much for all your assistance.
Never miss a thing. Make Yahoo your _honepage.
3/7/2008
Page 1 of 1
Bethany Salzman
From: Bobbie Ferguson [bobbie_kfc@yahoo.com]
Sent: Monday, February 04, 2008 5:52 PM
To: Bethany Salzman
Subject: RE: TMSM-Spam: Property at 1211 N. Park Johnstown
Yes that is our goal he actualy is out on another job to help earn that extra money, so 2 weeks should be
sufficient.
Bethany Salzman <hsalzman@co.weld.co.us> wrote:
This morning Kirk indicated that he felt he could obtain the $10,000 within 2 weeks, thus allowing you to
submit a complete annexation application within 2 weeks. Is this correct?
From: Bobbie Ferguson [mailto:bobbiekfc@yahoo.com]
Sent: Monday, February 04, 2008 10:50 AM
To: Bethany Salzman
Cc: Kirk Ferguson
Subject: TMSM-Spam: Property at 1211 N. Park Johnstown
Good morning Ms. Salzman,
Kirk wanted me to send you our position after speaking with you this morning. We are in the
process of Annexation with the Town of Johnstown. As a result of our meetings with John
Franklin, Town planner and our lawyer Tim Goddard we are moving forward with Annexation.
In order to proceed with the annexation a check in the amount of $10,000.00 must accompany
the application. We are in the process of obtaining $10,000.00 now instead of incorporating
with the bank loan to improve the land. Thank you for your consideration as always in this
matter.
Sincerely,
Bobbie Ferguson
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2/6/2008
#40tr
ifilDe
COLORADO
January 11, 2008
FERGUSON KIRK J & BOBBIE
2105 CHRISTOPHER CT
JOHNSTOWN, CO 80534
D' .RTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address. bsalzman@co.weld.co.us
Phone Number: 720-652-4210 x 8739
Fax Number: 720-652-4211
SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
Violation Number: ZCV07-01072
Legal Description:
21436B PT S2SW4 5 4 67 BEG 417.4'S OF NW COR S2SW4 S104' E417.4' N104' W417.4' TO POB
SITUS: 1211 N PARK AV JOHNSTOWN 805340000
Dear FERGUSON KIRK J & BOBBIE:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on.
0311212000.2\14:e
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.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:
Based upon our last discussion I was under the impression that you were going to be advising
this office once an annexation agreement had been submitted to Johnstown. Since I have not
heard from you in quite some time, this violation needs
to come to some sort of resolution. If you have submitted an annexation agreement please
notify me so I can contact Johnstown and have them submit evidence of the agreement.
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 Commisioners
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.
AsSitto
1111DeCOLORADO
D' .RTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
Phone Number: 720-652-4210 x 8739
Fax Number: 720-652-4211
SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
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,
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV07-01072
Department of Planning Services
Bruce Barker, County Attorney
U.S. Postal Service,.
CERTIFIED MAILTM RECEIPT
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PS Form 3811, February 2004
September 28, 2007
Weld County Planning and Zoning
910 10th Street
Greeley, CO 80631
RE: 1211 North Park Avenue
To Whom It May Concern:
Weld County Planning D^-
GREELEY OFF!'
OCT 022
RECE:
I am writing this letter to reflect the concerns of the neighborhood adjacent to property
owned by Kirk and Bobbie Ferguson at 1211 N. Park Avenue, just outside of Johnstown,
Colorado.
As neighboring property owners of single family residences we have noticed the
following activity on the property.
1. Construction storage in the metal shed at the northwest corner of the site.
This building has been heated, has water plumbed to the inside and is being
used as a construction office. There is some indication that hazardous
material may be stored on site.
2. A trailer parked on the east side of the building has been used as a restroom
facility for employees and has an illegal connection to the existing sanitary
sewer system.
3. The existing residence on the property is being used as a rental on one side
and a Day Spa business on the other side. Interior construction was never
permitted. Occasionally a sign is placed outside advertising the Spa business
at this location.
We are concerned that the business activity on this property is illegal, dangerous, and not
allowed under the existing zoning. We are also generally concerned that the use of this
property will negatively affect our property values in this area.
We understand that there have been several complaints already filed for this parcel and
believe a detailed investigation should immediately be started.
Thank you for your assistance.
Sincerely,
Adjacent Property Owners
WliDc
COLORADO
September 11, 2007
FERGUSON KIRK J & BOBBIE
2105 CHRISTOPHER CT
JOHNSTOWN, CO 80534
C ,RTMENT OF PLANNING SERVICE:
Compliance Divisio
NORTH OFFIC
918 10th StreE
Greeley, CO 8063
Email Address: bsalzman@co.weld.co.0
Phone Number: 720-652-4210 x 873
Fax Number: 720-652-421
SOUTHWEST OFFICE
4209 CR 24.f
Longmont, CO 80502
Phone: (720) 652-4210, Ext 873(
Fax: (720) 652-421'.
Legal Description: ZCV07-01072
21436B PT S2SW4 5 4 67 BEG 417.4'S OF NW COR S2SW4 S104' E417.4'
N104' W417.4' TO POB SITUS: 1211 N PARK AV JOHNSTOWN 805340000
Dear: FERGUSON KIRK J & BOBBIE :
The uses on the above described property are being considered as a zoning code violation of
Sections of the Weld County Code. Currenly 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.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:
Please be advised that I spoke to your attorney yesterday (Mr. Goddard) and was advised
that his office is in the process of compiling the Use by Special Review application
requirements. Therefore I have extended this violation out for
60 days. This should give you more than adequate time to have a complete application
submitted to our office. Thank -you in advance.
It is the intention of this office to assist and cooperate with you without imposing undue hardhsips;
however, we have no discretion in this matter if you fail to correct this violation. You have until
11/12/2007, 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 helpful. 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,
4 /
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV07-01072
Department of Planning Services
Bruce Barker, County Attorney
WF�YG
COLORADO
July 20, 2007
FERGUSON KIRK J & BOBBIE
2105 CHRISTOPHER CT
JOHNSTOWN, CO 80534
DE RTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
Phone Number: 720-652-4210 x 8739
Fax Number: 720-652-4211
SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
Legal Description: ZCV07-01072
21436B PT S2SW4 5 4 67 BEG 417.4'S OF NW COR S2SW4 S104' E417.4'
N104' W417.4' TO POB SITUS: 1211 N PARK AV JOHNSTOWN 805340000
Dear: FERGUSON KIRK J & BOBBIE :
The uses on the above described property are being considered as a zoning code violation of
Sections of the Weld County Code. Currenly your property is in violation of the following Section(s)
of the Weld County Code:
Chapter 23, Article II1(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.
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.
For questions, I suggest you speak to one of our "On -Call" Planners. To better serve the
public, we have 2 locations open. Our North office is located at 918 10th Street, Greeley,
Colorado. At our North office, an "On -Call" Planner is available, Monday thru Thursday from
7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado.
At our Southwest office, an "On -Call" Planner is available Monday thru Thursday from 12:30
p.m. - 4:30 p.m. You do not need to schedule an appointment, because individuals are seen
on a sign in basis. Fridays are reserved by appointment only. To better serve you, please
bring this letter with you.
To bring your property into compliance with the Weld County Code:
As we discussed, any commercial storage or advertisements occuring regarding this
property, require the appropriate Weld County Zoning Permits. For your convenience, I am
enclosing a Use by Special Review application with this letter.
The outdoor storage shall be removed.
It is the intention of this offi ) assist and cooperate with you without in sing undue hardhsips;
however, we have no discretion in this matter if you fail to correct this vioiauon. You have until
08/20/2007, 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 helpful. 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,
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV07-01072
Department of Planning Services
Bruce Barker, County Attorney
fat
WiiDc
COLORADO
July 17, 2007
FERGUSON KIRK J & BOBBIE
2105 CHRISTOPHER CT
JOHNSTOWN, CO 80534
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
Phone: 720-652-4210 x 8739
Fax: 720-652-4211
SOUTHWEST OFFICE
4209,CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
Legal Description: ZCV07-01072
21436B PT S2SW4 5 4 67 BEG 417.4'S OF NW COR S2SW4 S104' E417.4' N104'
W417.4' TO POB SITUS: 1211 N PARK AV JOHNSTOWN 805340000
Dear FERGUSON KIRK J & BOBBIE:
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:
According to the State of Colorado records, Kirk Ferguson Construction, Inc. is being
operated from the above mentioned location. Furthermore, the shop is being utilized as
storage for commercial equipment and materials without first obtaining a Use by Special
Review permit. For questions, I suggest you speak to one of our "On -Call" Planners. To
better serve the public, we have 2 locations open. Our North office is located at 918 10th
Street, Greeley, Colorado. At our North office, an "On -Call" Planner is available, Monday
thru Thursday.from 7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209 CR
24.5, Longmont, Colorado. At our Southwest office, an "On -Call" Planner is available
Monday thru Thursday from 12:30 p.m. - 4:30 p.m. You do not need to schedule an
appointment, because individuals are seen on a sign in basis. Fridays are reserved by
appointment only. To better serve you, please bring this letter with you.
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,
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV07-01072
Department of Planning Services
Bruce Barker, County Attorney
Page 1 of 3
Westlaw Attached Printing Summary Report for SALZMAN,BETHANY 3938532
Your Search:
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REG-AGENT-NAME(KIRK & FERGUSON) & STA(CO)
Monday, July 16, 2007 15:56:00 Mountain
FERGUSON KIRK
CORP-ALL
42
1
0
The material accompanying this summary is subject to copyright. Usage is governed by contract with . f'U
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Westlaw.
31601465201 Page 1
31601465201
CORPORATE RECORDS & BUSINESS REGISTRATIONS
This Record Last Updated:
Database Last Updated:
Update Frequency:
Current Date:
Source:
Name:
Address:
D&B DUNS:
Identification Number:
Filing Date:
State of Incorporation:
Date Incorporated:
Duration:
Status:
Corporation Type:
Business Type:
Address Type:
Where Filed:
04/18/2007
07-13-2007
WEEKLY
07/16/2007
AS REPORTED BY THE SECRETARY OF STATE OR OTHER OFFICIAL
SOURCE
COMPANY INFORMATION
KIRK FERGUSON CONSTRUCTION, INC.
1211 N PARK AVE
JOHNSTOWN, CO 80534
12-644-5761
FILING INFORMATION
20041051797
02/12/2004
COLORADO
02/12/2004
PERPETUAL
GOOD STANDING
NOT AVAILABLE
CORPORATION
BUSINESS
DEPT OF STATE/DIVISION OF COMMERCIAL RECORDINGS
1560 BROADWAY
DENVER, CO 80202
REGISTERED AGENT INFORMATION
Name: KIRK FERGUSON
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31601465201 Page 2
Address: 1211 N PARK AVE
JOHNSTOWN, CO 80534
AMENDMENT INFORMATION
Amendments:
02/27/2007 MISCELLANEOUS FILE ANNUAL REPORT
01/23/2007 MISCELLANEOUS POSTCARD NOTIFICATION PRINTED
01/23/2007 TO BE MAILED 02/01/2007;ANNUAL REPORT DUE:
04/30/2007
06/01/2006 MISCELLANEOUS FILE ANNUAL REPORT
05/22/2006 MISCELLANEOUS POSTCARD NOTIFICATION PRINTED
05/22/2006 TO BE MAILED 06/01/2006;ANNUAL REPORT DUE:
2006-07-31
05/01/2006 MISCELLANEOUS CHANGE IN STATUS;FAILURE TO
FILE ANNUAL REPORT
01/20/2006 MISCELLANEOUS POSTCARD NOTIFICATION PRINTED
01/20/2006 TO BE MAILED 02/01/2006:ANNUAL REPORT DUE:
04/30/2006
02/08/2005 MISCELLANEOUS FILE ANNUAL REPORT
01/20/2005 MISCELLANEOUS POSTCARD NOTIFICATION PRINTED
01/20/2005 TO BE MAILED 02/01/2005;ANNUAL REPORT DUE:
04/30/2005
02/12/2004 MISCELLANEOUS ARTICLES OF
INCORPORATION; KIRK FERGUSON CONSTRUCTION, INC.
Call Westlaw CourtExpress at 1-877-DOC-RETR (1-877-362-7387)
to order copies of documents related to this or other matters.
Additional charges apply.
THE PRECEDING PUBLIC RECORD DATA IS FOR INFORMATION PURPOSES ONLY AND IS NOT THE
OFFICIAL RECORD. CERTIFIED COPIES CAN ONLY BE OBTAINED FROM THE OFFICIAL SOURCE.
END OF DOCUMENT
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WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R4491686
Tax Area: 2366 Bordering County:
Acres: 1
Parcel#: 105905300006
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
04-67-05-3 --
Owners Name & Address:
FERGUSON KIRK J & BOBBIE
2105 CHRISTOPHER CT
JOHNSTOWN, CO 80534
Business/Complex:
Sale Date
8/30/2001
Property Address_
Street: 1211 N PARK AV WELD
City: WELD
Sale Price
$200,000
Sales Summary
Deed Type
WD
Legal Description
Reception #
2879707
21436B PT S2SW4 5 4 67 BEG 417.4'5 OF NW COR 525W4 5104' E417.4' N104' W417.4' TO POB SITUS: 1211 N PARK AV
JOHNSTOWN 805340000
Land Type
Residential
Land Subtotal:
Bldg#
1
2
Abst Code
1112
Property Type
Residential
Out Building
Improvements Subtotal:
Total Property Value
Land Valuation Summary
Unit of Number of
Measure Units
Acres 1
1
Buildings Valuation Summary
Actual Value
$35,000
Actual Value
$167,977
$202,977
Assessed
Value
$2,790
Assessed
Value
$13,370
$16,160
Building Details
Account#: R4491686 Parcel#: 105905300006
Owners Name & Address:
FERGUSON KIRK J & BOBBIE
2105 CHRISTOPHER CT
JOHNSTOWN, CO 80534
Building#
1
Built As:
Ranch 1 Story
Property Address:
Street: 1211 N PARK AV WELD
City: WELD
Property Type
Residential
Individual Built As Detail
Year Built: 1955
http://maps2.merrick.com/W ebsite/W eld/SetSgl.asp?cmd=QUERY&DET=PP&pin=1059... 07/16/2007
Identify Results
Page 2 of 2
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Account#: R4491686
Frame Hardboard
Drywall
1
4
1
7
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Hot Water Baseboard
1304
Composition Shingle
Units: 0
200 Detached SQ Ft:
Finished SQ Ft:
Parcel#: 105905300006
Owners Name & Address: Property Address:
FERGUSON KIRK J & BOBBIE Street: 1211 N PARK AV WELD
2105 CHRISTOPHER CT City: WELD
JOHNSTOWN, CO 80534
Buildinq#
2
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
tiara e:
Attached SQ Ft:
Basement:
Total SQ Ft:
Property Type
Out Building
Individual Built As Detail
Shed - Equipment Year Built: 2003
HVAC: None
Built As SQ Ft: 3600
O Roof Type: Gable
O Roof Cover:
1
O Units: 0
Detached SQ Ft:
Finished SQ Ft:
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6itt
IIMC.
COLORADO
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 ❑ 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
❑ PUBLIC WORKS / PEST & WEEDS
Date Complaint was received: —1' kt-!-"Crk
Pending Case 4 (i.e. USR, RE, SE, ect...):
Legal Description: 533‘16,1"1.4 Oc-- ��� \ y� ��1�1 Parcel 4: � j� '"+ �t�
Violation Address: \Ld A‘ 13 Pr\t.ikrev
�_`-`
Property Owners Name: � S^tillil�Y`-Cchat-Ai-An,
'\�1,,(1\ \Yt Ca C AX�ptf'� Phone:
Property Owners Address: a kD5 l h4 t`-kr? -c, o} spy):Ef
'�a rtCA?1(t 1 c
Tenants Name: tv 4. e"Ytl1uCkieY', Phone:
Tenant's Address:
NATURE OF COMPLAINT:
Additional Notes:
?-€cs►rillh1
Page 1 of 1
Bethany Salzman
From: John Franklin Ufranklin@townofjohnstown.com]
Sent: Friday, July 13, 2007 1:01 PM
To: Bethany Salzman
Subject: Outdoor Storage at NEC of N. Park Ave. and CR 15 (Telep)
Hello, Bethany.
Can you check on this? The property around the building is now covered with what appears to be shelving and
materials from the inside.
Thanks,
John Franklin, AICP
Town Planner
Town of Johnstown
(970) 587-4664
(970) 587-01041 fax
07/16/2007
1IIIIII11111,1111111111111111111411111111111111111101 12:46P JA Tsukamoto
2879707 08
707 Warranty Deed
THIS DEED is a conveyance of the real properly described below, including any improvements and other appurtenances (the
'property') from the individual(s), corporation(s), pannership(s), or other cntity(ies) named below as GRANTOR to the individual(s)
or entity(ies) 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 (4) 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.
D.F.
$20.00 The Specific Tema of This Deed Are:
Grantors (Give name(s) and plare(s) of residence: if the spare of the owner -grantor is hissing in this Deed to release homestead rights, identify grantors as
husband and wife.)
CHARLES F. GARTON AND CONSTANCE E. GARTON
Grantee: (Give name(s) and addrese(es), rtatannn of address, including available road or street number.)
KIRK J. FERGUSON AND BOBBIE FERGUSON
1211 N. PARK AVE, JOHNSTOWN , CO 80538
Form of Co•Ownersbip: Of them are two or more grantees named, they will be considered to rake as tmann in common unless the words "in pint
tenancy" or words of the name meaning are added in the space below.)
JOINT TENANTS
Property Description (Include county aid state.)
ALL THAT PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP
4 NORTH RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 417.4 FEET SOUTH OF THE NORTHWEST CORNER
OF THE SU2SW1/4 OF SAID
104 FEET; THENCE SWEST0N 5; THENCE SOUTH 104 417.4 FEET TO THE POINT OF' THENCE EAST 417.4 FEET; THENCE
BEGINNING.
Property Address: 1211 N. PARK AVE. JOHNSTOWN, COLORADO
Consideration: (The snamem of a dollar arrant is optional, adequate mnsidmvon for this deed will be presumed unless this conveyance is identified
u a gift. In any case this conveyance is absolute, final and unconditional.)
TWO HUNDRED THOUSAND AND 00/100
Reeervationa-Restrictions: (If the GRANTOR intends In reserve any interen'm the property or to convey Ins than is owned, or if the GRANTOR is
restrining the GRANTEE'S right in the property. make appropriate indication.)
Additional Warranty Exceptions: (Include deeds of coat being assumed and other matters not covered above.)
Execute' by the Grantor on AUGUST 30, 2001
Signature for Corporation, Partnership or Association:
Name of Gramm: Corporation. Psrmership or Association CHARLES F. CARTON
By
By
Attest:
STATE OF COLORADO WELD
_ _ AND CONSTANCE E. GARTON
DUfNP C" ‘b was acknowledged before me this 30th day of AUGUST, 2001
He q
LINDY ti
I. E.5I1&i SS 44065nip_ s l cat.
YI(glsslon expires:; 28, 2005
ST OctQ• 1221 RIR AVE, QREELEY CO
ra.
COD F 0\.�.. -...
The fore uxp�f;pFa*nt was acknowledged before me this day of
Byear (tame individual Grantee(s) or if Grantor u Corporation. Parrnerehip or Association, then identify signers as president or vice president and secretary
or assistant secretary of corporation: or as parmer(s) of partnership: or as authorized member(s) of association.)
Grantor
Grantor
CONSTANCE, E. GARTON
Grantor
n
C YY
WITNESS my hand and official seal.
My eommluion expires:
0 1981 UPDATE LEGAL FORMS
Notary Public
WCTC No. 201-L
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