HomeMy WebLinkAbout20090569.tiffRESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
ZCV #0800295 AGAINST ROBERTO AND CASILDA BARRAZA, AND JUAN SANCHEZ
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, Roberto and Casilda Barraza, and Juan Sanchez, ZCV #0800295, are
allegedly in violation of the Weld County Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 10th day of March, 2009, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Roberto and Casilda Barraza, and Juan Sanchez were not present or
represented at said hearing, although all parties were notified of said hearing by Department of
Planning Services staff, and
WHEREAS, the Board deems it advisable to refer said violation back to the Department of
Planning Services, due to the appropriate permit applications being submitted by the property
owners.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0800295 against Roberto and Casilda Barraza, and Juan Sanchez
be, and hereby is, referred back to the Department of Planning Services.
2009-0569
PL0824
VIOLATIONS - ZCV #0800295 - ROBERTO AND CASILDA BARRAZA, AND JUAN SANCHEZ
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of March, A.D., 2009.
ATTEST: Ili
Weld County Clerk to th
BY:
APP
Deputy Cler
o the Board
V • AS TO
ounty Attorney
Date of signature.
BOARD OF COUNTY COMMISSIONERS
WELD cOUbYTY] COLORADO
William P. Garcia, Chair
\r^t ri Q2vri�
Douglas �tademach r, Pro -Tern
Sean P. Conway
arbKirkmeyer
ri)/David E. Long
2009-0569
PL0824
V: lation Summary Rep( t
BASIC INFORMATION
BARRAZA ROBERTO & CASILDA 395 CR 29
Tenant:
JUAN SANCHEZ
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
16103 CR 6
BRIGHTON, CO 80603-9714
FORT LU PTON, CO 80621
Bethany Salzman
ZCV08-00295
16103 CR 6
2CE3-8 L8 BLK3 COUNTRY ESTATES #2 SITUS: 16103 6 CR WELD
00000
Location South of and adjacent to CR 8 and North of and adjacent
toCR6
North Agriculturally zoned properties and Patches Estates PUD
South Agriculturally zoned properties and JoAnn Subdivision
East Agriculturally zoned properties and Green Acres &
Nelson Subdivision
West Agriculturally zoned properties
Parcel Number: 147123302008-R6255386 Acreage: 8.56
Certified Mail Date: 02/17/2009
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.
23-3-30.1 Noncommercial Junkyard.
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.
COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used
to facilitate an activity where goods, products or services are bought, sold or transferred in
ownership on a fee, contract or barter basis, excluding those uses listed by right and
accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall
include, but is not limited to, semi -trailers, dump trucks, construction equipment, railroad
cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate
to the condition of a DERELICT VEHICLE.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power);
is partially or totally dismantled; has all or portions of its body work missing or is
substantially damaged; does not have valid registration with the State, as required by
Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is
not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is
lacking proper equipment to the extent that it would be unsafe or illegal to USE on public
road rights -of -way or otherwise not equipped with lamps and other equipment, as required
in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of
husbandry, farm tractors or vehicles customarily operated in a FARMING operation.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags;
used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools;
used appliances; used lumber or crates; building materials; fabrication of any material;
used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts;
2009-0569
V' lation Summary Rep( t
DERELICT VEHICLES; used tires and other manufactured goods that are so worn,
deteriorated or obsolete as to make them unusable in their existing condition.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL
JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered
last or currently registered under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public
rights -of -way.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on
surrounding uses. A SCREENING PLAN shall be submitted and approved by the
Department of Planning Services.
REMEDY
As I indicated in my previous letters while the presence of a NONCOMMERCIAL JUNKYARD
consisting of wood and miscellaneous debris is an allowed use within an Agriculturally zoned
subdivision, such as Country Estates, it must be completely SCREENED from all adjacent properties
and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at all times and
evidence of current registrations shall be submitted to this office.
Additionally in order to maintain a COMMERCIAL VEHICLE within the boundaries of a Subdivision,
such as Country Estates, it must be permitted. Furthermore, within the boundaries of a Subdivision,
only 1 (one) Commercial Vehicle (such as a cement truck) is allowed to be permitted. All other
Commercial Vehicles and/or equipment shall be removed from the property.
RECOMMENDATION
The Department of Planning Services recommends that this case be forwarded to the County
Attorneys Office for immediate legal action.
LETTER HISTORY
10/02/2008 Complaint Validated
10/02/2008 LTTR: 5 Day Letter
10/09/2008 LTTR: Violation Notice
10/20/2008 LTTR: Violation Notice
02/17/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
09/26/2008 Property Inspected
10/20/2008 Office Visit
Upon a visual inspection of the property, the following
items were noted: 2+ dumptrucks, a cement mixer,
derelict vehicles, scrap iron/metal, wood and
miscellaneous debris. No pictures were taken during this
inspection.
Juan Sanchez (303-668-2254 tenant) came in to discuss
the violation. He said he is renting the property right
now, but trying to get financing to actually purchase it.
He asked me to explain the violations. I explained that
the first part of the violation is the presence of a
Noncommercial Junkyard. He said he does have some
cleaning left to do on the proprty. We discussed the
installation of a privacy fence. The second violation
regarding the property is the presence of multiple
Commercial Vehicles. He said he has another guy who
lives at his house and pays rent also. He said that guy
has multiple Commercial Vehicles. We discussed the
V' cation Summary Rep' t
need for a letter from the property owner granting him
permission to complete the application process. He
explained that that guy and several (except for 1)
Commercial Vehicle are all in Texas working. He said
that he would for now apply for the ZPCV and when that
guy came back, they would probably apply for a USR -
Home Business. I explained, if approved they would
need to construct a building large enough the house all
the Commercial Vehicles inside. He said that sounded
like a pretty good idea. I explained that I would grant him
60 days for now to relocate all the junk up against the
building and start installation of the fence. Also within
that 60 days, I expect him to submit a complete ZPCV
application for the 1 (one) remaining commercial vehicle
(cement truck). He said he thought he cou Id get all that
done.
02/05/2009 Property Inspected Upon a visual inspection of the property, the following
items were noted: pieces of commercial equipment, a
conveyor belt of some sort, cement truck and a
Noncommercial Junkyard consisting of wood and
miscellaneous debris. No pictures were taken during this
inspection.
02/20/2009 E -Mail Received Jacqueline B Faudoa sent me an e-mail about this
property.
02/20/2009 Phone Call At 10:46 I tried to call Jacqueline Faudoa at
303-710-5515. I left a voice mail.
02/20/2009 Certified Mail Receipt Certified Receipt received - signed.
02/20/2009 Phone Call Jacqueline Faudoa called. She said her parents are in
Texas and they just don"t check on the property very
often. She said she just found out yesterday that Juan
doesn"t even live there, he is renting it to someone else.
I explained how to bring the property into compliance.
They need to #1 - finish cleaning up the property and
then they need to either reduce down to 1 Commercial
Vehicle and apply for a ZPCV application, remove all the
commercial vehicles/equipment or apply for a USR
application. I told her I would resend the ZPCV
application.
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 properly 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 91-F9-09
YIYYCOLORAcDO
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
February 17, 2009
BARRAZA ROBERTO & CASILDA
395 CR 29
BRIGHTON, CO 80603-9714
SANCHEZ JUAN
16103CR6
FORT LUPTON, CO 80621
Case: ZCV08-00295
Legal Description: 2CE3-8 L8 BLK3 COUNTRY ESTATES #2 SITUS: 16103 6 CR WELD 00000
Dear BARRAZA ROBERTO & CASILDA and SANCHEZ JUAN:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
03/10/2009 ,10:00 AM
The above mentioned property remains in violation of the following Section(s) of the Weld County
Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
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.
hiDe
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
COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to
facilitate an activity where goods, products or services are bought, sold or transferred in
ownership on a fee, contract or barter basis, excluding those uses listed by right and
accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall
include, but is not limited to, semi -trailers, dump trucks, construction equipment, railroad
cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to
the condition of a DERELICT VEHICLE.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way
or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors
or vehicles customarily operated in a FARMING operation.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used
cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances; used lumber or crates; building materials; fabrication of any material; used pipe
or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT
VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or
obsolete as to make them unusable in their existing condition.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD
may also include the storage or keeping of DERELICT VEHICLES registered last or currently
registered under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services.
(lei\
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
To bring your property into compliance with the Weld County Code:
As I indicated in my previous letters while the presence of a NONCOMMERCIAL JUNKYARD
consisting of wood and miscellaneous debris is an allowed use within an Agriculturally zoned
subdivision, such as Country Estates, it must be completely SCREENED from all adjacent
properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at all
times and evidence of current registrations shall be submitted to this office.
Additionally in order to maintain a COMMERCIAL VEHICLE within the boundaries of a
Subdivision, such as Country Estates, it must be permitted. Furthermore, within the
boundaries of a Subdivision, only 1 (one) Commercial Vehicle (such as a cement truck) is
allowed to be permitted. All other Commercial Vehicles and/or equipment shall be removed
from the property.
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,
t'6A1.'tt -
ethany Salz'man V
Zoning Compliance Officer II
pc: ZCV08-00295
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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 20, 2008
BARRAZA ROBERTO & CASILDA
395 CR 29
BRIGHTON, CO 80603-9714
SANCHEZ JUAN
16103 CR 6
FORT LUPTON, CO 80621
Case: ZCV08-00295
Legal Description: 2CE3-8 L8 BLK3 COUNTRY ESTATES #2 SITUS: 16103 6 CR WELD 00000
Dear: BARRAZA ROBERTO & CASILDA and SANCHEZ JUAN:
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.
23-3-30.1 Noncommercial Junkyard.
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.
COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to
facilitate an activity where goods, products or services are bought, sold or transferred in
ownership on a fee, contract or barter basis, excluding those uses listed by right and
accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include,
but is not limited to, semi -trailers, dump trucks, construction equipment, railroad cars and
cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the
condition of a DERELICT VEHICLE.
!Pc
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
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way
or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or
vehicles customarily operated in a FARMING operation.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used
cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances; used lumber or crates; building materials; fabrication of any material; used pipe or
pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES;
used tires and other manufactured goods that are so worn, deteriorated or obsolete as to
make them unusable in their existing condition.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals, paper,
rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also
include the storage or keeping of DERELICT VEHICLES registered last or currently registered
under the property owner and/or tenants name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter while the presence of a NONCOMMERCIAL JUNKYARD
consisting of DERELICT VEHICLES, scrap iron/metal, wood and miscellaneous debris is
an allowed use within an Agriculturally zoned subdivision, such as Country Estates, it must
be completely SCREENED from all adjacent properties and public rights -of -ways;
otherwise, any Derelict Vehicles shall be operational at all times and evidence of current
registrations shall be submitted to this office.
itsts:vc
COLORADO
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
Additionally in order to maintain a COMMERCIAL VEHICLE within the boundaries of a
Subdivision, such as Country Estates, it must be permitted. Furthermore, within the
boundaries of a Subdivision, only 1 (one) Commercial Vehicle (1 semi cab and 1 semi
trailer) are allowed to be permitted. All other Commercial Vehicles shall be removed from
the property.
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
12/22/2008, 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,
Bbthany Salzma
Zoning Compliance Officer
pc: ZCV08-00295
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 09, 2008
BARRAZA ROBERTO & CASILDA
395 CR 29
BRIGHTON, CO 80603-9714
Case: ZCV08-00295
Legal Description: 2CE3-8 L8 BLK3 COUNTRY ESTATES #2 SITUS: 16103 6 CR WELD 00000
Dear: BARRAZA ROBERTO & CASILDA :
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.
23-3-30.1 Noncommercial Junkyard.
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.
COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to
facilitate an activity where goods, products or services are bought, sold or transferred in
ownership on a fee, contract or barter basis, excluding those uses listed by right and
accessory uses in the A (Agricultural) Zone District, A COMMERCIAL VEHICLE shall include,
but is not limited to, semi -trailers, dump trucks, construction equipment, railroad cars and
cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the
condition of a DERELICT VEHICLE.
0
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
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way
or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or
vehicles customarily operated in a FARMING operation.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used
cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances; used lumber or crates; building materials; fabrication of any material; used pipe or
pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES;
used tires and other manufactured goods that are so worn, deteriorated or obsolete as to
make them unusable in their existing condition.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals, paper,
rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also
include the storage or keeping of DERELICT VEHICLES registered last or currently registered
under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter while the presence of a NONCOMMERCIAL JUNKYARD
consisting of DERELICT VEHICLES, scrap iron/metal, wood and miscellaneous debris is
an allowed use within an Agriculturally zoned subdivision, such as Country Estates, it must
be completely SCREENED from all adjacent properties and public rights -of -ways;
WilkCOLORADO
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
otherwise, any Derelict Vehicles shall be operational at all times and evidence of current
registrations shall be submitted to this office.
Additionally in order to maintain a COMMERCIAL VEHICLE within the boundaries of a
Subdivision, such as Country Estates, it must be permitted. Furthermore, within the
boundaries of a Subdivision, only 1 (one) Commercial Vehicle (1 semi cab and 1 semi
trailer) are allowed to be permitted. All other Commercial Vehicles shall be removed from
the property.
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
11/10/2008, 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 Salzma'
Zoning Compliance Officer II
pc: ZCV08-00295
p‘a
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 02, 2008
BARRAZA ROBERTO & CASILDA
395 CR 29
BRIGHTON, CO 80603-9714
Case: ZCV08-00295
Legal Description: 2CE3-8 L8 BLK3 COUNTRY ESTATES #2 SITUS: 16103 6 CR WELD 00000
Dear BARRAZA ROBERTO & CASILDA:
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:
While the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT
VEHICLES, scrap iron/metal, wod and miscellaneous debris is an allowed use within an
Agriculturally zoned subdivision, such as Country Estates, it must be completely
SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict
Vehicles shall be operational at all times and evidence of current registrations shall be
submitted to this office.
Additionally in order to maintain a COMMERCIAL VEHICLE within the boundaries of a
Subdivision, such as Country Estates, it must be permitted. Furthermore, within the
boundaries of a Subdivision, only 1 (one) Commercial Vehicle (1 semi cab and 1 semi
trailer) are allowed to be permitted. All other Commercial Vehicles shall be removed from
the property. For your convenience, I have enclosed the appropriate permit (Zoning Permit
for a Commercial Vehicle).
COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used
to facilitate an activity where goods, products or services are bought, sold or transferred in
ownership on a fee, contract or barter basis, excluding those uses listed by right and
accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall
include, but is not limited to, semi -trailers, dump trucks, construction equipment, railroad
cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate
to the condition of a DERELICT VEHICLE.
feN
WADe
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
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road
rights -of -way or otherwise not equipped with lamps and other equipment, as required in
Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of
husbandry, farm tractors or vehicles customarily operated in a FARMING operation.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags;
used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools;
used appliances; used lumber or crates; building materials; fabrication of any material;
used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts;
DERELICT VEHICLES; used tires and other manufactured goods that are so worn,
deteriorated or obsolete as to make them unusable in their existing condition.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD
may also include the storage or keeping of DERELICT VEHICLES registered last or
currently registered under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public
rights -of -way.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of
Planning Services.
4freatt,
MSc
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
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: ZCV08-00295
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 06-15-06
Identify Results
Page 1 of 2
Account#: R6255386
Tax Area: 2499
Acres: 8.64
Township Range Section Quart. Sec.
01-66-23-3
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Bordering County:
Parcel#: 147123302008
Subdivison Name Block# Lot#
COUNTRY ESTATES 2ND FG - 3 - 8
Owners Name & Address: Property Address:
BARRAZA ROBERTO MIRANDA & Street: 16103 6 CR
395 CR 29 City: WELD
BRIGHTON, CO 80603-9714
Additional Owners:
BARRAZA CASILDA MIRANDA
Business/Complex:
Sale Date
1/7/2005
Sale Price
$310,000
Sales Summary
Deed Type
WD
Legal Description
Reception #
3251720
2CE3-8 L8 BLK3 COUNTRY ESTATES #2 SITUS: 16103 6 CR WELD 00000
Land Type
Residential
Land Subtotal:
Bldg#
Abst Code
1112
Property Type
Residential
Improvements Subtotal:
Total Property Value
Land Valuation Summary
Unit of Number of
Measure Units
Acres 8.64
Actual Value
8.64 $103,680
Buildings Valuation Summary
Actual Value
$130,812
$234,492
Assessed
Value
$8,250
Assessed
Value
$10,410
$18,660
Building Details
Account#: R6255386 Parcel#: 147123302008
Owners Name & Address:
BARRAZA ROBERTO MIRANDA &
395 CR 29
BRIGHTON, CO 80603-9714
Building*
1
Property Type
Residential
Individual Built As Detail
Property Address:
Street: 16103 6 CR
City: WELD
http://maps2.merrick. com/W ebsite/W eld/setSgl.asp?emd=QUERY&DET=PP&pin=14712... 9/30/2008
Identify Results Page 2 of 2
Built As: Ranch 1 Story
Exterior: Frame Hardboard
Interior Finish: Drywall
# of Baths: 2
# of Bdrms: 4 .
# of Stories: 1
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
Detached SQ Ft:
1978
Central Air to Air
1248
Gable
Composition Shingle
0
1248 Finished SQ Ft: 1248
http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin= 14712... 9/30/2008
WI�Yc.
:11,
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 Initiated by:
IX ZONING CODE COMPLAINT S. 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: q" ati:6
Pending Case # (i.e. USR, RE, SE, ect...):
Legal Description: �� � Act 6C �s, 1 hllfl�Yl 1 Parcel #: AL fl \ _<a?„*_�.
Violation Address:
I4ii (EA.()
Property Owners Name: \rV2\ \ ) P bev-Vo Phone:
Property Owners Address: 3Q5 lact`.ratiocrtirin, 0 - lcD?r qi kLi
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: —1)1,t kLLhGU)1 arn 1'* ni. scc kit
K L�ti Tare_Vk k ithtL CO 1 I mo) tthlmc 4 -cis
Additional Notes:
11111111111111111111111IIIII IIII 1111111 III IIIII IIII IIII
3251720 01/11/2006 09::29A Weld County, CO
7720 1 of 1 R 6.00 D 31.00 Steve Moreno Clerk 8 Recorder
WHEN RECORDED RETURN TO:
Roberto Miranda Barraza and
Casilda Miranda BarrazA
16103 Weld County Road 6
Fort Lupton, CO 80621
WARRANTY DEED
SDF $31.00
THIS DEED, dated this January 7, 2005, between
Enrique Faudoa and Francisco Barraza of the
County of Weld and State of Colorado, grantor(s),
and Roberto Miranda Barraza and Casilda Miranda
Barraza,
whose legal address is 16103 Weld County Road 6, Fort Lupton, CO 80621 of the County of Weld and
State of Colorado, grantee(s):
WITNESS, that the grantor(s), for and in consideration of the sum of Three Hundred Ten Thousand
and 00/100 Dollars ($310,000.00), the receipt and sufficiency of which Is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and
confirm, unto the grantee(s), his heirs and assigns forever, not in tenancy in common but in joint tenancy,
all the real property, together with improvements, if any, situate, lying and being In the County of Weld
and State of Colorado, described as follows:
Lot 8, Block 3, Country Estates, Second Filing, a subdivision of Weld County,
Colorado.
also known by street and number as: 16103 Weld County Road 6, Fort Lupton, CO 80621
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, Issues and profits
thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,
unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal
representatives, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns,
that of 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 are free and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except
general taxes for the year 2005 and subsequent years, and except easements, covenants,
conditions, restrictions, reservations, and rights of way of record, if any.
The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the
quiet and peaceable possession of the grantee(s), his 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 be
applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
r'n7,/c'C r4udnt
Enrique Faudoa, Individually and as
Attorney in fact for Francisco Barraza
STATE OF COLORADO
COUNTY OF4y/ v1
The foregoing instrument was acknowledged before me on January 07, 2005, by Enrique Faudoa and
Francisco Barraza
)SS
My Commission Expires
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File No. TNGR0000037
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