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Home My WebLink About20091317.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST KIMBEL WATSON 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, Kimbel Watson, ZCV #0800282, 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 9th day of December, 2008, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, at which time the matter was continued to June 16, 2009, to allow adequate time for staff to look at a code change to allow small numbers of cargo containers to be used as storage units. 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, Kimbel Watson, property owner, and Tom Hellerich, representative, were present at said hearing, 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 owner to submit a Use by Special Review Permit application and a Zoning Permit for an Accessory Structure, or remove the additional cargo containers and semi -trailer 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 #0800282 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Kimbel Watson 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 owner to submit a Use by Special Review Permit application and a Zoning Permit, or remove the cargo containers and semi -trailer to bring the subject property into compliance. 2009-1317 PL0824 (�(); % Z, vrct VIOLATIONS - ZCV #0800282 - KIMBEL WATSON 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 ATTEST: /Lail Weld County Clerk to the Board BY ___ ct3& 7 jYNzIJ7 Deputy` Jerk to the Board APP my Attorney Date of signature -7/4l/o `7 WELD COL COLORADO Garcia, Chair) arbara Kirkmeyer ©g..! r, Pro -Tern 2009-1317 PL0824 Vir'ation Summary Report BASIC INFORMATION WATSON KIMBEL H Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: 15681 DALE AVE FT LUPTON, CO 80621 Bethany Salzman ZCV08-00282 15681 DALE AV AR10-7 L7 BLK10 ARISTOCRAT RANCHETTES INC SITUS: 15681 DALE AV WELD 80621 Location South of and adjacent to CR 18 and East of and adjacent to CR 31 North Agriculture with residences South Industrial plant / Agriculture East Agriculture West Agriculture with minimal residences Parcel Number: 130927106004-R5196886 Acreage: 1.01 Certified Mail Date: 10/06/2008 12/09/2008 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.K Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory STRUCTURE in the A (Agricultural) Zone District may be permitted for storage of goods inside the unit. A cargo container used for storage shall require the issuance of building permits. The following conditions shall apply:23-3-30.K.1 Electricity is the only utility which will be connected to the cargo container used for storage. 23-3-30.K.2 The cargo container used for storage will not be used on any basis as a DWELLING or as overnight or temporary housing for any person. 23-3-30.K.3 The property upon which the cargo container is to be located must be a LEGAL LOT. 23-3-30.K.4 The applicant shall not remove any structural component of the cargo container used for storage making it unmovable. 23-3-30.K.5 A cargo container used for storage shall not be allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such cargo container used for storage shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from site. 23-3-30.K.6 A cargo container used for storage shall be removed from the property upon cessation of the USE. 23-3-30.K.7 The cargo container may not be used in any manner to display a sign. 23-3-30.L Up to two (2) semi -trailers may be used for accessory storage on agricultural parcels not in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. (One [1] semi -trailer used as accessory storage on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District may be permitted according to the procedure and requirements outlined in Section 23-4-165 of this Chapter for the purpose of storing goods inside the unit.) 23-3-40 Uses by special review 23-3-40.M More than one (1) cargo container per legal lot or parcel. REMEDY 2009-1317 Vir'ation Summary Report While I understand your argument is that you called and spoke to someone prior to purchasing and setting the cargo containers on the property. You have indicated you were advised that no permits of any kind were required. As I have indicated, I not sure who would have told you this inaccurate information as cargo containers have always at a minimum required a building permit. Furthermore, prior to 2006, cargo containers were not called out as an allowed use in the Agricultural Zone District. It wasn't until 2006, that the code was revised to allow 1 (one) cargo container within the boundaries of a subdivision as long as it obtained a building permit and met the requirements. I do not have the authority to dismiss this portion of the violation by allowing you to maintain more than 1 (one) cargo container. Lastly, you have also indicated that you have 1 (one) semi trailer currently being utilized as a storage unit. Furthermore you have indicated that the semi trailer has been taken off of the axles and tires and placed squarely on the ground. This currently makes the semi trailer a DERELICT COMMERCIAL VEHICLE, which is not an allowed use. While the Weld County Code would allow you to apply for a Zoning Permit for an Accessory Structure (ZPAS) for 1 (one) semi trailer as a storage unit, the semi trailer would need to remain operable and maintain current license plates. RECOMMENDATION The Department of Planning Services recommends this case to be referred to the County Attorney's Office for immediate legal action. LETTER HISTORY 09/29/2008 Complaint Validated 09/29/2008 LTTR: 5 Day Letter 10/06/2008 LTTR: Hearing Notification 12/09/2008 LTTR: Hearing Notification 12/09/2008 Reschedule OTHER CASE HISTORY 09/26/2008 Property Inspected 10/03/2008 Phone Call 10/06/2008 Phone Call Upon a visual inspection of the property, the following items were noted: 2 apparent Cargo Containers. No pictures were taken during this inspection. Kimbel Watson (303-857-2577 home and 303-506-1162 cell) called. He said the cargo containers have been on the property for around 10 years. He said he called and spoke to someone from our office (doesn"t know who) and asked them if he needed any permits before he purchased them. He said he was told he didn"t need to do anything. Then he said later on he cleared the property and put in a new house. He said the building inspector told him the cargo containers were a great idea. He said that the building inspector should have told him if there was an issue. I explained that I do not have the authority to grant him a variance from the Weld County Code. I explained that back 10 years ago, cargo containers were not listed as an allowed use in any zone district. I explained that it was just a couple of years ago that we added cargo containers to the Weld County Code as an allowable use (provided they obtain a building permit and comply with the other requirements). I advised him that only the Board could allow him to keep more than 1. He said okay. Kimbel Watson called again. We discussed cost of a building permit for the cargo containers. I explained that a 40x8 cargo container was going to run approximately $150 (but that I couldn"t give him a definate cost until we receieved the actual permit). He said about 150 a piece. I said yes. He said well I better start saving then. huh. I said probably. I again explained that we would only give him a permit for both if the Board approved both the be Vir'ation Summary Report 10/09/2008 12/08/2008 12/18/2008 06/01/2009 Certified Mail Receipt Property Inspected Certified Mail Receipt Phone Call there; otherwise, we could only give him a permit for 1 (one) cargo container. We then briefly discussed the semi trailer. He indicated that the axles and tires had all been removed and it was sitting flat on the ground. I explained that I for sure could not grant him permission to continue to have a derelict commercial vehicle. He asked what would have to happen to get it to be able to stay. I explained it would need to be restored (axles and tires put back on) and licensed. He said that would cost too much. Certified Receipt received - signed. Upon a visual inspection of the property, the following items were noted: I could see 2 cargo containers and 1 semi trailer. See pictures taken from the roads (to the East and to the South) dated 12/08/08. Certified Receipt received - Signed. I left Tom Hellerich (970-674-9515) a courtesy voice mail reminding of the Violation Hearing scheduled for June 16, 2009. (ler COLORADO December 15, 2008 WATSON KIMBEL H 15681 DALE AVE FT LUPTON, CO 80621 Case: ZCV08-00282 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 Legal Description: AR10-7 L7 BLK10 ARISTOCRAT RANCHETTES INC SITUS: 15681 DALE AV WELD 80621 Dear WATSON KIMBEL H: 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. 23-3-30.K Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory STRUCTURE in the A (Agricultural) Zone District may be permitted for storage of goods inside the unit. A cargo container used for storage shall require the issuance of building permits. The following conditions shall apply:23-3-30.K.1 Electricity is the only utility which will be connected to the cargo container used for storage. 23-3-30.K.2 The cargo container used for storage will not be used on any basis as a DWELLING or as overnight or temporary housing for any person. 23-3-30.K.3 The property upon which the cargo container is to be located must be a LEGAL LOT. 23-3-30.K.4 The applicant shall not remove any structural component of the cargo container used for storage making it unmovable. 23-3-30.K.5 A cargo container used for storage shall not be allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such cargo container used for storage shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from site. 23-3-30.K.6 A cargo container used for storage shall be removed from the property upon cessation of the USE. 23-3-30.K.7 The cargo container may not be used in any manner to display a sign. 23-3-30.L Up to two (2) semi -trailers may be used for accessory storage on agricultural parcels not in an approved or recorded subdivision plat, or LOTS which are part of a map or Page 1 of 3 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 plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. (One [1] semi -trailer used as accessory storage on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District may be permitted according to the procedure and requirements outlined in Section 23-4-165 of this Chapter for the purpose of storing goods inside the unit.) 23-3-40 Uses by special review 23-3-40.AA More than one (1) cargo container per legal lot or parcel. To bring your property into compliance with the Weld County Code: While I understand your argument is that you called and spoke to someone prior to purchasing and setting the cargo containers on the property. You have indicated you were advised that no permits of any kind were required. As I have indicated, I not sure who would have told you this inaccurate information as cargo containers have always at a minimum required a building permit. Furthermore, prior to 2006, cargo containers were not called out as an allowed use in the Agricultural Zone District. It wasn't until 2006, that the code was revised to allow 1 (one) cargo container within the boundaries of a subdivision as long as it obtained a building permit and met the requirements. I do not have the authority to dismiss this portion of the violation by allowing you to maintain more than 1 (one) cargo container. Lastly, you have also indicated that you have 1 (one) semi trailer currently being utilized as a storage unit. Furthermore you have indicated that the semi trailer has been taken off of the axles and tires and placed squarely on the ground. This currently makes the semi trailer a DERELICT COMMERCIAL VEHICLE, which is not an allowed use. While the Weld County Code would allow you to apply for a Zoning Permit for an Accessory Structure (ZPAS) for 1 (one) semi trailer as a storage unit, the semi trailer would need to remain operable and maintain current license plates. 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 2 of 3 4(lift' VUDcCOLOR 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. Bethany Salzman Zoning Compliance Officer II pc: ZCV08-00282 U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Sent To Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Vl G:n4 \CIAO 1 Street, No.; PO C1 or PO Box No.. 1'^l n' 1 0, State, ZIP+Er-marsitv, tJ c Postmark Here of tl a 0 U z E3 ✓ o E , • N E N e o m 8= i a-o Tet 0 N • W C N f d r m m ci l N Q' m rR 0 O ci 0 rR a to O 0 4. Restricted De Addressed to: O 8 n E ;e z N U C G :eipt Form 3811, Febru. Page 3 of 3 V lation Summary Repr-i BASIC INFORMATION WATSON KIMBEL H Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: 15681 DALE AVE FT LUPTON, CO 80621 Bethany Salzman ZCV08-00282 15681 DALE AV AR10-7 L7 BLK10 ARISTOCRAT RANCHETTES INC SITUS: 15681 DALE AV WELD 80621 Location South of and adjacent to CR 18 and East of and adjacent toCR31 North Agriculture with residences South Industrial plant / Agriculture East Agriculture West Agriculture with minimal residences Parcel Number: 130927106004-R5196886 Acreage: 1.01 Certified Mail Date: 10/06/2008 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.K Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory STRUCTURE in the A (Agricultural) Zone District may be permitted for storage of goods inside the unit. A cargo container used for storage shall require the issuance of building permits. The following conditions shall apply:23-3-30.K.1 Electricity is the only utility which will be connected to the cargo container used for storage. 23-3-30.K.2 The cargo container used for storage will not be used on any basis as a DWELLING or as overnight or temporary housing for any person. 23-3-30.K.3 The property upon which the cargo container is to be located must be a LEGAL LOT. 23-3-30.K.4 The applicant shall not remove any structural component of the cargo container used for storage making it unmovable. 23-3-30.K.5 A cargo container used for storage shall not be allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such cargo container used for storage shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from site. 23-3-30.K.6 A cargo container used for storage shall be removed from the property upon cessation of the USE. 23-3-30.K.7 The cargo container may not be used in any manner to display a sign. 23-3-30.L Up to two (2) semi -trailers may be used for accessory storage on agricultural parcels not in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. (One [1] semi -trailer used as accessory storage on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District may be permitted according to the procedure and requirements outlined in Section —23-4-165 of this Chapter for the purpose of storing goods inside the unit.) 23-3-40 Uses by special review 23-3-40.AA More than one (1) cargo container per legal lot or parcel. REMEDY u0(1- 13I) V' llation Summary Rep While I understand your argument is that you called and spoke to someone prior to purchasing and setting the cargo containers on the property. You have indicated you were advised that no permits of any kind were required. As I have indicated, I not sure who would have told you this inaccurate information as cargo containers have always at a minimum required a building permit. Furthermore, prior to 2006, cargo containers were not called out as an allowed use in the Agricultural Zone District. It wasn't until 2006, that the code was revised to allow 1 (one) cargo container within the boundaries of a subdivision as long as it obtained a building permit and met the requirements. I do not have the authority to dismiss this portion of the violation by allowing you to maintain more than 1 (one) cargo container. Lastly, you have also indicated that you have 1 (one) semi trailer currently being utilized as a storage unit. Furthermore you have indicated that the semi trailer has been taken off of the axles and tires and placed squarely on the ground. This currently makes the semi trailer a DERELICT COMMERCIAL VEHICLE, which is not an allowed use. While the Weld County Code would allow you to apply for a Zoning Permit for an Accessory Structure (ZPAS) for 1 (one) semi trailer as a storage unit, the semi trailer would need to remain operable and maintain current license plates. RECOMMENDATION The Department of Planning Services recommends this case to be referred to the County Attorney's Office for immediate legal action. LETTER HISTORY 09/29/2008 Complaint Validated 09/29/2008 LTTR: 5 Day Letter 10/06/2008 LTTR: Hearing Notification OTHER CASE HISTORY 09/26/2008 Property Inspected 10/03/2008 Phone Call 10/06/2008 Phone Call Upon a visual inspection of the property, the following items were noted: 2 apparent Cargo Containers. No pictures were taken during this inspection. Kimbel Watson (303-857-2577 home and 303-506-1162 cell) called. He said the cargo containers have been on the property for around 10 years. He said he called and spoke to someone from our office (doesn"t know who) and asked them if he needed any permits before he purchased them. He said he was told he didn"t need to do anything. Then he said later on he cleared the property and put in a new house. He said the building inspector told him the cargo containers were a great idea. He said that the building inspector should have told him if there was an issue. I explained that I do not have the authority to grant him a variance from the Weld County Code. I explained that back 10 years ago, cargo containers were not listed as an allowed use in any zone district. I explained that it was just a couple of years ago that we added cargo containers to the Weld County Code as an allowable use (provided they obtain a building permit and comply with the other requirements). I advised him that only the Board could allow him to keep more than 1. He said okay. Kimbel Watson called again. We discussed cost of a building permit for the cargo containers. I explained that a 40x8 cargo container was going to run approximately $150 (but that I couldn"t give him a definate cost until we receieved the actual permit). He said about 150 a piece. I said yes. He said well I better start saving then. huh. I said probably. I again explained that we would only give him a permit for both if the Board approved both the be there; otherwise, we could only give him a permit for 1 (one) cargo container. We then briefly discussed the V lation Summary Rep I semi trailer. He indicated that the axles and tires had all been removed and it was sitting flat on the ground. I explained that I for sure could not grant him permission to continue to have a derelict commercial vehicle. He asked what would have to happen to get it to be able to stay. I explained it would need to be restored (axles and tires put back on) and licensed. He said that would cost too much. 10/09/2008 Certified Mail Receipt Certified Receipt received - signed. a°,14 hiDe 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: bsalzman@co.weld.co.us October 06, 2008 WATSON KIMBEL H 15681 DALE AVE FT LUPTON, CO 80621 Case: ZCV08-00282 Legal Description: AR10-7 L7 BLK10 ARISTOCRAT RANCHETTES INC SITUS: 15681 DALE AV WELD 80621 Dear WATSON KIMBEL H: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 12/09/2008 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.K Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory STRUCTURE in the A (Agricultural) Zone District may be permitted for storage of goods inside the unit. A cargo container used for storage shall require the issuance of building permits. The following conditions shall apply:23-3-30.K.1 Electricity is the only utility which will be connected to the cargo container used for storage. 23-3-30.K.2 The cargo container used for storage will not be used on any basis as a DWELLING or as overnight or temporary housing for any person. 23-3-30.K.3 The property upon which the cargo container is to be located must be a LEGAL LOT. 23-3-30.K.4 The applicant shall not remove any structural component of the cargo container used for storage making it unmovable. 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 23-3-30.K.5 A cargo container used for storage shall not be allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such cargo container used for storage shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from site. 23-3-30.K.6 A cargo container used for storage shall be removed from the property upon cessation of the USE. 23-3-30.K.7 The cargo container may not be used in any manner to display a sign. 23-3-30.L Up to two (2) semi -trailers may be used for accessory storage on agricultural parcels not in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. (One [1] semi -trailer used as accessory storage on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District may be permitted according to the procedure and requirements outlined in Section 23-4-165 of this Chapter for the purpose of storing goods inside the unit.) 23-3-40 Uses by special review 23-3-40.AA More than one (1) cargo container per legal lot or parcel. To bring your property into compliance with the Weld County Code: While I understand your argument is that you called and spoke to someone prior to purchasing and setting the cargo containers on the property. You have indicated you were advised that no permits of any kind were required. As I have indicated, I not sure who would have told you this inaccurate information as cargo containers have always at a minimum required a building permit. Furthermore, prior to 2006, cargo containers were not called out as an allowed use in the Agricultural Zone District. It wasn't until 2006, that the code was revised to allow 1 (one) cargo container within the boundaries of a subdivision as long as it obtained a building permit and met the requirements. I do not have the authority to dismiss this portion of the violation by allowing you to maintain more than 1 (one) cargo container. VIiDc 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: bsalzman@co.weld.co.us Lastly, you have also indicated that you have 1 (one) semi trailer currently being utilized as a storage unit. Furthermore you have indicated that the semi trailer has been taken off of the axles and tires and placed squarely on the ground. This currently makes the semi trailer a DERELICT COMMERCIAL VEHICLE, which is not an allowed use. While the Weld County Code would allow you to apply for a Zoning Permit for an Accessory Structure (ZPAS) for 1 (one) semi trailer as a storage unit, the semi trailer would need to remain operable and maintain current license plates. 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, 2-Q( ethany Salzni Zoning Compliance Officer'll pc: ZCV08-00282 0001 '4539 2345 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certdied Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage 8 Fee Postmark Here OCA Street. Apt. W ^iV iM yQ} or PO Box No. \ 5�r5..r V_J 1 ,1Lf Hay Stale, ZIPat •k K ci , LL751 til'L ' ■ • ■ W 0 a 2 E d a . d ° m d w y 2 r N 1 'g 5 Li C U ¢ - w c 'W❑ ❑ ri O C."- 0) o- Ld eat ca Cx E d m d Delivery? (Extra Fee) U Liat 0 m to ra O O HI a ul C O N Domestic Return Receipt 0 0 N w a N 2 8 15 Z• n EE j tb Z ` CO o o N E U C Q & LL N a hiDe COLORADO. September 29, 2008 WATSON KIMBEL H 15681 DALE AVE FT 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: ZCV08-00282 Legal Description: AR10-7 L7 BLK10 ARISTOCRAT RANCHETTES INC SITUS: 15681 DALE AV WELD 80621 Dear WATSON KIMBEL H: 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: In order to situate a Cargo Container within the boundaries of a Subdivision, such as Aristocrat Ranchettes, it must be permitted. A building permit is required for the presence of a Cargo Container. Furthermore, only 1 (one) is permittable without going through a Use by Special Review (USR) permit as well as a building permit. If you have any questions that you would like to discuss with a Planner, an appointment must be scheduled with Kim Ogle, Planning Manager at 970-353-6100 Ext. 3540. 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: ZCV08-00282 Page 1 of 1 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5196886 Tax Area: 2241 Bordering County: Acres: 0.99 Parcel#: 130927106004 Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 02 - 66 - 27 - 1 ARISTOCRAT RANCHETTES INC - 10 - 7 a„<al .... ....v.Fsarca-.mean., xip3,4, ytes.i.-.M- xn maswurmuxnw. a.uwsae mu .4 Owners Name & Address: WATSON KIM BEL H 15681 DALE AVE FT LUPTON, CO 80621 Business/Complex: Sale Date 5/19/2005 Property Address: Street: 15681 DALE AV WELD City: WELD Sales Summary Sale Price Deed Type $0 QCN Legal Description AR10-7 L7 BLK10 ARISTOCRAT RANCHETTES INC SITUS: 15681 DALE AV WELD 80621 Land Type Mobile Home Land Subtotal: Abst Code 1135 Land Valuation Summary Unit of Number of Measure Units Site No Buildings on Parcel Actual Value Assessed Value $60,000 $4,780 http://maps2.merrick.com/W ebsite/W e1d/setSgl.asp?emd=QUERY&DET=PP&pin=13092... 9/29/2008 Identify Results Page 1 of 1 Account#: M0225406 Owners Name & Address: WATSON KIMBEL H 15681 DALE AVE FT LUPTON, CO 80621 Business/Complex: Mobile Home Valuation Property Address: Street: 15681 DALE AV WELD City: WELD Legal Description Parcel#: 130927106004 AR10-7 IMPS ONLY L7 BLK10 ARISTOCRAT RANCHETTES INC MOBILE/MODULAR TITLE: 03P164341 SERIAL: 0P352553AB YEAR: 2004 MAKE: OAK SIZE: 26X52 SITUS: 15681 DALE AV WELD 00000 Land Value Imor. Value Total Value Tax Area: Acres: Sq. Ft.: $0 $65,714 $65,714 Total Taxes: $312.94 Land Assessed Value Imor. Assessed Value Total Assessed Value Amount Due: $0.00 $0 $5,230 $5,230 Bordering County: Township Range Section Ouart. Sec. Subdivison Name Block# Lot# ARISTOCRAT RANCHETTES INC - 10 - 7 Sale Price $0 02-66-27-1 Sale Date Deed Type Reception # http: //maps2. merrick. com/ W eb site/ W el d/setS q 1. asp? cmd=ACCDET&acct=13 0927106004... 9/29/2008 f$ Ent COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 9th 10'h Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complainated by: ZONING CODE COMPLAINT y, Staff/Name: Mc —AV NIA— ❑ Cittheh ❑ 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 Pending Case # (i.e. USR, RE, SE, ect...): Date Complaint was received: `"1' 31.7(5c Legal Description: LOA -14), ?JCL"- 10'j tt:ti ro3 arcel #: A ��„�E-O" "'i Violation Address: \5cD%\ "lie_ Fh/. Property Owners Name: Property Owners Address: Tenant's Name: \j`i1m I K I Mrai Phone: . I/u p -1-m ft `SLLD7.1 Phone: Tenant's Address: NATURE OF COMPLAINT: /� ,�C Y l �I'°.Nr141 \^it'7 6'("\.) Additional Notes: 687 111111111111 ua111111111111 IIII1111111 III11111IIII IIII 3295687 06/17/2005 D1:31P Weld County, CO 1 of 1 R 6.00 0 0 00 Steve Moreno Clerk & Recorder THIS DEED, Made this /977.) day of QUIT CLAIM DEED /77,7 , 2005 between Timothy J. Watson and Daniel L. Watson of the County of Weld and State of COLORADO. Grantors) _ and Kimbel H. Watson whose legal address is 15681 Dale Avenue, Fort Lupton, CO 80621 of the said County of Weld and State of COLORADO, Grantee(s) WITNESSETH, That the grantor(s), for and in consideration of the sum of TEN AND NO/100 DOLLARS, ($10.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the grantee(s), his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and COLORADO, described as follows: Lot Seven (7), Block ten (10), Aristocrat Ranchettes, Inc. located in Section Twenty Seven (27), Township Two (2) North, Range Sixty Six (66) West of the 6th P.M., County of Weld, State of Colorado, according to the recorded plat thereof'. also known by street and number as: 15681 Dale Avenue Fort Lupton, CO 80621 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges [hereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest. and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), his heirs and assigns forever. The singular number shall include the plurat, the plural the singular. and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF. the grantor(s) has executed this decd on the date set forth above. Timothy J. ats Daniel L. Watson STA'L'E OF COLORADO l SS: COUNTY OF 4og,nz The foregoing instrument was acknowledged before me this /7'? ? day of /779 ye ,rQCV$- by Timothy J. Watson and Daniel L. Watson Witness my hand and official seal. My Commission expires: 49�1��0� My *EMS. Embus 121LL000S pcn_BLK Quit ('lain',, Deed LtibLic .JO & 't hte. 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