HomeMy WebLinkAbout20092938.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST RUSSELL AND COLLEEN MORITZ 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, Russell and Colleen Mortitz, ZCV #0900235, 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 November, 2009, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Colleen Mortitz, property owner, was 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 December 10, 2009, in order to allow adequate time for the property owners to
submit applications for Zoning Permits for the commercial vehicles on the property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0900235 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Russell and Colleen Mortitz 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 December 10, 2009, in order to allow
adequate time for the property owners to submit applications for Zoning Permits for the commercial
vehicles on the property.
2009-2938
(1(3 /0L, LgC /c,49-799
PL0824
VIOLATIONS - ZCV #0900235 - RUSSELL AND COLLEEN MORITZ
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of November, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COUI'AW. COLORADO
ATTEST:
liam F. Garcia, Ch
Weld County Clerk to the
BY
Deputy Cler to the Board
APPROVED AS LO,FORM:,2
C4ufitAttorney
David E. Long
Date of signature.
2009-2938
PL0824
Dlation Summary Rep I
BASIC INFORMATION
MORITZ RUSSELL H & COLLEEN
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
Parcel Number:
2332 TATE AVENUE
FT LUPTON, CO 80621
Bethany Salzman
ZCV09-00235
2332 TATE AV
4CE2-3 L3 BLK2 COUNTRY ESTATES #4 SITUS: 2332 TATE AV WELD
80621
Location
North
South
East
West
South of and adjacent to CR 8
CR 6
Agriculturally zoned properties
Agriculturally zoned properties
Agriculturally zoned properties
Subdivision
Agriculturally zoned properties
and North of and adjacent to
and Patches Estates PUD
and JoAnn Subdivision
and Green Acres & Nelson
147123401003-R6255686 Acreage: 9.05
Certified Mail Date: 09/16/2009
Currently the property is in violation of:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less
than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a
LOT which is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property
equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods,
equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to
and from the property. When the property is located within an approved or recorded
subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any
regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of
this Code.
REMEDY
As I indicated in my initial letter in order to maintain a COMMERCIAL VEHICLE (such as a semi truck and
trailer) within the boundaries of a Subdivision, such as Country Estates, it must be permitted. My records
indicate that I sent the Zoning Permit for a Commercial Vehicle application with my initial letter.
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.
RECOMMENDATION
The Department of Planning Services recommends that this case be forwarded to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
08/06/2009
08/06/2009
08/13/2009
09/16/2009
Complaint Validated
LTTR: 5 Day Letter
LTTR: Violation Notice
LTTR: Hearing Notification
OTHER CASE HISTORY
2009-2938
Tlation Summary Rep 1
06/22/2009 Property Inspected Upon a visual inspection of the property, the following items
were noted: 1 semi truck and trailer w/out ZPCV. No
pictures were taken during this inspection.
09/21/2009 Certified Mail Receipt Certified Receipt received - signed.
September 16, 2009
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
MORITZ RUSSELL H & COLLEEN
2332 TATE AVENUE
FT LUPTON, CO 80621
Case: ZCV09-00235
Legal Description:
4CE2-3 L3 BLK2 COUNTRY ESTATES #4 SITUS: 2332 TATE AV WELD 80621
Dear MORITZ RUSSELL H & COLLEEN:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
11/10/2009 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.
23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less
than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a
LOT which is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property
equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods,
equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to
and from the property. When the property is located within an approved or recorded
subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any
regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of
this Code.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter in order to maintain a COMMERCIAL VEHICLE (such as a
semi truck and trailer) within the boundaries of a Subdivision, such as Country Estates, it must
be permitted. My records indicate that I sent the Zoning Permit for a Commercial Vehicle
application with my initial letter.
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.
Page 1 of 2
#t";;;
"DC.
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
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,
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV09-00235
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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
August 13, 2009
MORITZ RUSSELL H & COLLEEN
2332 TATE AVENUE
FT LUPTON, CO 80621
Case: ZCV09-00235
Legal Description: 4CE2-3 L3 BLK2 COUNTRY ESTATES #4 SITUS: 2332 TATE AV WELD 80621
Dear: MORITZ RUSSELL H & COLLEEN :
The uses on the above described property are being considered as a zoning code violation of
Sections of the Weld County Code. Currently your property is in violation of the following Section(s)
of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than
eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT
which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions.
Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or
greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or
livestock, as long as the number of trips does not exceed sixty (60) per day to and from the
property. When the property is located within an approved or recorded subdivision, or part of a
LOT which is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions, such USE may be permitted through Section 23-4-950 of this Code.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter in order to maintain a COMMERCIAL VEHICLE (such as a
semi truck and trailer) within the boundaries of a Subdivision, such as Country Estates, it
must be permitted. My records indicate that I sent the Zoning Permit for a Commercial
Vehicle application with my initial letter.
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.
S��xi+1
VElDt
COLORA
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
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
09/14/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the
violation before the Board of County Commissioners to consider whether to refer the violation to the
County Attorney's Office for legal action.
Any information you have that may help to resolve this matter will be useful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me
at the above address, telephone number or e-mail address. If you wish to see me personally,
please call to schedule an appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV09-00235
‘&11";
hiDe
August 06, 2009
MORITZ RUSSELL H & COLLEEN
2332 TATE AVENUE
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: ZCV09-00235
Legal Description: 4CE2-3 L3 BLK2 COUNTRY ESTATES #4 SITUS: 2332 TATE AV WELD 80621
Dear MORITZ RUSSELL H & COLLEEN:
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 maintain a COMMERCIAL VEHICLE (such as a semi truck and trailer) within the
boundaries of a Subdivision, such as Country Estates, it must be permitted. For your
convenience, I have enclosed the appropriate permit (Zoning Permit for a Commercial
Vehicle).
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. 354O. 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.
Bethany Salzrtcan
Zoning Compliance Officer II
pc: ZCV09-00235
Page 1 of 1
Print Form
ZONING PERMIT COMMERCIAL VEHICLE (ZPCV) SUBMITTAL CHECKLIST
APPLICATION REQUIREMENTS:
One original application form plus two copies
One original drawing plus two copies. A scaled drawing of the property (1 "=50') needs to show where the
proposed commercial vehicle will be parked on the property. Include distances between the property lot
lines and proposed accessory structure and all other existing structures on the property; access to the
property (indicate whether it is existing or proposed) ; County, State, or Federal road rights -of -way; amount
of road frontages; location and measurements of any easements; and any proposed structures to be
located on the property.
One original Weld County Road Access Information Sheet plus one copy
One original questionnaire plus two copies
One copy of deed or legal instrument identifying applicant's interest in the property. Copy of recorded
instruments may be obtained from Weld County Clerk and Recorder's Office or a title or abstract company.
One copy of affidavit and certified list of the names, addresses and the corresponding Parcel Identification
Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within 500 feet of
property being considered. This list shall be compiled from the records of the Weld County Assessor, the
Weld County Website, www.co.weld.co.us.. or a person qualified to do the task, and shall be current as of a
date no more than thirty days prior to the date the application is submitted to the Department of Planning
Services.
Application fee $75.00
$37.50 investigation fee. If there is an associated violation which has been presented to the Board of County
Commissioners through the Violation Hearing process, the investigation fee shall be fifty percent of the fee
established by separate action by the Board of County Commissioners for land -use applications shall be
assessed. The payment of such investigation fee shall not relieve any persons from fully complying with the
requirements of the Weld County Code, nor from any other penalties.
One each of the application and scaled drawing shall be collated into two complete application packets and
bound with binder clips or paper clips only. The original copies shall be placed in one packet (includes
additional items below if applicable). Applications bound in any other fashion than binder or paper clip will
be returned to the applicant without review. Additional required information shall be kept separate to be
collated by Planning Staff. The Department of Planning Services may request additional information,
application packets and/or fees that will aid in the review of the Zoning Permit application.
Updated 06-15-08
Identify Results
Page 1 of 2
Account#: R6255686
Tax Area: 2499
Acres: 9.06
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Bordering County:
Parcel#: 147123401003
Township Range Section Ouart. Sec. Subdivison Name Block# Lot#
01 66 23 4 COUNTRY ESTATES 4TH FG - 2 -/
Owners Name & Address:
MORITZ RUSSELL H &
2332 TATE AVENUE
FT LUPTON, CO 80621
Additional Owners:
MORITZ COLLEEN K LANG
Business/Complex:
Sale Date
1/26/1998
Sale Price
$187,000
Property Address:
Street: 2332 TATE AV WELD
City: WELD
Sales Summary
Deed Type
WD
Legal Description
Reception #
2591129
4CE2-3 L3 BLK2 COUNTRY ESTATES #4 SITUS: 2332 TATE AV WELD 80621
Land Type
Residential
Land Subtotal:
Bldg#
1
Abst Code
1112
Property Type
Residential
Improvements Subtotal:
Total Property Value
Account#: R6255686
Owners Name & Address:
MORITZ RUSSELL H &
2332 TATE AVENUE
FT LUPTON, CO 80621
Building#
1
Land Valuation Summary
Unit of Number of
Measure Units
Acres 9.06
9.06
Buildings Valuation Summary
Building Details
Actual Value
$108,720
Actual Value
$168,877
Property Address:
Street: 2332 TATE AV WELD
City: WELD
Property Type
Residential
Individual Built As Detail
$277,597
Assessed
Value
$8,650
Assessed
Value
$13,440
$22,090
Parcel#: 147123401003
http://maps2.merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=147123... 8/6/2009
Identify Results Page 2 of 2
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Split Level
Frame Hardboard
Drywall
2
3
1
5
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
1986
Hot Water Baseboard
2150
Composition Shingle
0
650 Detached SQ Ft: 0
0
Finished SQ Ft: 0
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=147123... 8/6/2009
ZONING CODE COMPLAINT
O HEALTH DEPARTMENT
9 WELD COUNTY SHERIFF'S OFFIC
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS / PEST & WEEDS
Pending Case # (i.e. USR, RE, SE, ect...):
Legal Description
Violation Address
400 crti
111k.
COLORADO
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10th Street, Greeley, CO 80631
Phone: (97O) 353-6100, Ext. 3540
Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint ICY3
nittiiat y:
Staff/Nanie:U]A 14'r i� itizzeen��❑
Citizen's Name (If known):
Other:
E / ANIMAL CONTROL Phone Number Of known):
Date Complaint was received: -t..0"
1.14 31 P1rrt a,j Crum u testa a
a?)Ir> Pc
Property Owners Name
Property Owners Address:
Tenant's Name: Phone:
YriVuS`zlte (°.weer
Parcel #: 1441\ -,a6 .4 "D t. - Dhe,
Phone:
Crk4 AA{3 r nl Cr ` 0ZA
Tenant's Address:
NATURE OF COMPLAINT
rti rcv ard4-le;rkSa41asleJ
Additional Notes:
111111111111111111111111111111111111111 I I 1111111111 I
7!91129 01/27/1990 0412W Wald Cet.mty fA
1 of 1 II 0.00 D 10.70 J0 Sold Teukameta
WARRANTY DEED
THIS DEED, Made this 26th day of January , 19 98 ,
between Donald H. Hirsch and Kimberly S. Hirsch
of the County of Weld and State of Colorado
grantor, and Russell H. Moritz and Colleen K. Lang -
Moritz
whose legal address is 2332 Tate Avenue, Fort Lupton, CO 80621
of the County of Weld and State of color ado ,grantees:
WITNESS, That the grantor, for and in consideration of the tuna of ONE HUNDRED EIGHTY SEVEN
THOUSAND AND NO/100
DOLLARS, ($187, 000.00 ), the receipt and
sufficiency of which is hereby acknowledged. has granted, bargained, sold and conveyed, and by these presents does grant, bar-
gain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not In tenancy la common but In joint tenancy,
all the real property together with improvements, if any, situate, lying and being in the County of Weld
and State of Colorado. described as follows:
Lot 3,
Block 2,
Country Estates, Fourth Filing, C
County of Weld, State of Colorado State oocurylentary F
also known by street and number as 2332 Tate Avenue, 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, either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO HAVE AM) TO HOLD the said premises ahove bargained and described, with the appurtenances, unto the grantees. their
heirs and assigns forever. And the grantor. for himself, his heirs and personal representatives, does covenant, grant, bargain and
agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well
seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in
fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form
as aforesaid, and that the same arc free and dear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soccer. except for taxes for the current year, a lien but not yet due
and payable, easements, restrictions, reservations, covenants and right-of-way of record, if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable posses-
sion of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any gender shall he applicable to all genders.
IN WITNESS WHEREOF. the grantor has executed this deed on the date set forth above,
Donald H. Hirsch
( i
Kr erly S. Hi
STATE. OF COLORADO
sa
COUNTY OF ADAMS
The foregoing instrument was acknowledged before me this 26th day of January .19 98 , by
Donald H. Hirsch and Kimberly S. Hirsch
QlyComminsiaa expires' June 22, 2001
VY,itness my hand and officio) seal.
n0(0, L .(((_ /l��CC
Notary Public
Brenda L. Archuleta
N,,RRANTY DEED (ft iolilt..rinantic ovum -rug
o`TC o #cotc(0601/A97
File* U06661 I Ml
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