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Home My WebLink About20083162.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV#0800149 AGAINST BENJAMIN HANSFORD,SR.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, Benjamin Hansford, Sr., ZCV#0800149, 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 18th day of November, 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 this matter was continued to December 9, 2008,to allow adequate time for the property owner to be able to attend the violation hearing, 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, and WHEREAS, Benjamin Hansford, Sr. was not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to refer the case back to the Department of Planning Services due to a Use by Special Review application being submitted by the property owner. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#0800149 against Benjamin Hansford, Sr., be and hereby is, referred back to the Department of Planning Services. 2008-3162 PL0824 VIOLATIONS - ZCV#0800149 - BENJAMIN HANSFORD, SR. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 41L-4/ , LL'/s William H. Jerke, Chair Weld County Clerk tot , B. �1 EXCUSED Robert D. sden, Pro-Tem BY: - �/J Deputy Clerk to the BUJ 1 i ! �� j ✓J,�L��-'- W" m arcia AP VEDA RM: Cx.1 David E. Long County Attorney Dou las a emacher Date of signature: /a/22/0% 2008-3162 PL0824 V lation Summary Repri BASIC INFORMATION HANSFORD BENJAMIN R SR 15376 CAROLINE AV FORT LUPTON, CO 80621 Tenant: Compliance Officer: Bethany Salzman Violation Number: ZCV08-00149 Situs Address: 15376 CAROLINE AV Legal: 2AR29-1 L1 BLK29 2ND ARISTOCRAT RANCHETTES SITUS: 15376 CAROLINE AV WELD 80621 Location: 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: 130927218006-R5224786 Acreage: 1.03 Certified Mail Date: 09/04/2008 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. 23-3-40 Uses by special review 23-3-40.O HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. COMMERCIAL: 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. HOME BUSINESS: An incidental USE to the principal permitted USE for gainful. employment of the FAMILY residing on the property, where: a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein. b. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof. Ordinarily, a HOME BUSINESS shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuary and organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). REMEDY Since monetary gain is occurring and with consistent frequency, thus a COMMERCIAL use, a Use by Special Review (USR) permit is necessary. Hopefully by scheduling this Violation Hearing out until November 18, 2008, this will allow you enough time to complete and submit the USR application in its entirety. Please keep in mind that if a USR application has been submitted to our office and deemed complete by staff prior to November 17, 2008, the above hearing would be cancelled. 2008-3162 V lation Summary Repr -t RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. LETTER HISTORY 07/10/2008 Complaint Validated 07/10/2008 LTTR: 5 Day Letter 07/21/2008 LTTR: Violation Notice 09/04/2008 LTTR: Hearing Notification 11/19/2008 Continued OTHER CASE HISTORY 07/01/2008 Property Inspected Upon a visual inspection of the property, the following items were noted: 1 (one) apparent derelict vehicle sitting in the driveway. Large shop structure. No pictures were taken during this inspection. 07/14/2008 Phone Call Benjamin Hansford (303-857-1134) left a message. He said he had received my letter and wanted to discuss it because he disagreed with my letter. 07/16/2008 Phone Call Benjamin called. He indicated the following: - He said he only works on family and friends vehicles. - He said his family and friends pay for parts and a small fee for services. - He averages 2 cars/jobs a week (large family& a lot of friends). - He claim it on his taxes (in the past and current). I told him that I would have to discuss it with staff, but it really sounded like he would need to complete and submit a USR application. He said he was president of Aristocrat Water Board and thinks that is why he was turned in. He said he also sits on the BOA (Board of Adjustment), but hasn"t had to hear many cases since we are doing such a good job. I told him I would let him know what I found out. 07/18/2008 Other Staff Discussion - I presented the information he provided at our weekly staff meeting. Staff determined that a USR was required. 08/25/2008 Other Pre-Application Meeting with Benjamin Hansford, Bruce Fitzgerald, Michelle Martin, Jacqueline Hatch, Tom Honn, Don Dunker. See PA08-072 Memorandum 08/29/2008 Other Staff Discussion - Jacqueline Hatch presented the information he provided at their Pre-Application meeting. Staff determined that a USR was still required. 09/08/2008 Certified Mail Receipt Certified Receipt received - signed 11/10/2008 E-Mail Received Received e-mail requesting a continuance. See file. 11/14/2008 Property Inspected Upon a visual inspection of the property, the following items were noted: property clean, but business still operating out of the shop. See pictures dated 11/14/08. 11/19/2008 E-Mail Sent E-mailed copy of Violation Hearing Notification - showing continued date of 12/09/08. 11/19/2008 Other Also sent letter via regular US Postal Service with continued hearing date: 12/09/08 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 November 19, 2008 HANSFORD BENJAMIN R SR 15376 CAROLINE AV FORT LUPTON, CO 80621 Case: ZCV08-00149 Legal Description: 2AR29-1 L1 BLK29 2ND ARISTOCRAT RANCHETTES SITUS: 15376 CAROLINE AV WELD 80621 Dear HANSFORD BENJAMIN R SR: 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 Aiv1 The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.O HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. COMMERCIAL: 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. wit g C 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 HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein. b. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof. Ordinarily, a HOME BUSINESS shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuary and organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). To bring your property into compliance with the Weld County Code: Your information was again presented to staff this past Friday morning. Staff determined the following: Since monetary gain is occurring and with consistent frequency, thus a COMMERCIAL use, Use by Special Review(USR) permit is necessary. Hopefully by scheduling this Violation Hearing out until November 18, 2008, this will allow you enough time to complete and submit the USR application in its entirety. Please keep in mind that if a USR application has been submitted to our office and deemed complete by staff prior to November 17, 2008, the above hearing would be cancelled. 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. e 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 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, ethany Salzman Zoning Compliance Officer II pc: ZCV08-00149 Violation Summary Report BASIC INFORMATION HANSFORD BENJAMIN R SR 15376 CAROLINE AV FORT LUPTON, CO 80621 Tenant: Compliance Officer: Bethany Salzman Violation Number: ZCV08-00149 Situs Address: 15376 CAROLINE AV Legal: 2AR29-1 L1 BLK29 2ND ARISTOCRAT RANCHETTES SITUS: 15376 CAROLINE AV WELD 80621 Location: 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: 130927218006-R5224786 Acreage: 1.03 Certified Mail Date: 09/04/2008 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. 23-3-40 Uses by special review 23-3-40.O HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. COMMERCIAL: 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. HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein. b. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof. Ordinarily, a HOME BUSINESS shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuary and organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). REMEDY Since monetary gain is occurring and with consistent frequency, thus a COMMERCIAL use, a Use by Special Review(USR) permit is necessary. Hopefully by scheduling this Violation Hearing out until November 18, 2008, this will allow you enough time to complete and submit the USR application in its entirety. Please keep in mind that if a USR application has been submitted to our office and deemed complete by staff prior to November 17, 2008, the above hearing would be cancelled. 2008-3012 Violation Summary Report RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. LETTER HISTORY 07/10/2008 Complaint Validated 07/10/2008 LTTR: 5 Day Letter 07/21/2008 LTTR: Violation Notice 09/04/2008 LTTR: Hearing Notification OTHER CASE HISTORY 07/01/2008 Property Inspected Upon a visual inspection of the property, the following items were noted: 1 (one)apparent derelict vehicle sitting in the driveway. Large shop structure. No pictures were taken during this inspection. 07/14/2008 Phone Call Benjamin Hansford (303-857-1134) left a message. He said he had received my letter and wanted to discuss it because he disagreed with my letter. 07/16/2008 Phone Call Benjamin called. He indicated the following: - He said he only works on family and friends vehicles. - He said his family and friends pay for parts and a small fee for services. - He averages 2 cars/jobs a week(large family & a lot of friends). - He claim it on his taxes (in the past and current). I told him that I would have to discuss it with staff, but it really sounded like he would need to complete and submit a USR application. He said he was president of Aristocrat Water Board and thinks that is why he was turned in. He said he also sits on the BOA(Board of Adjustment), but hasn"t had to hear many cases since we are doing such a good job. I told him I would let him know what I found out. 07/18/2008 Other Staff Discussion - I presented the information he provided at our weekly staff meeting. Staff determined that a USR was required. 08/25/2008 Other Pre-Application Meeting with Benjamin Hansford, Bruce Fitzgerald, Michelle Martin, Jacqueline Hatch, Tom Honn, Don Dunker. See PA08-072 Memorandum 08/29/2008 Other Staff Discussion - Jacqueline Hatch presented the information he provided at their Pre-Application meeting. Staff determined that a USR was still required. 09/08/2008 Certified Mail Receipt Certified Receipt received - signed 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 September 04, 2008 HANSFORD BENJAMIN R SR 15376 CAROLINE AV FORT LUPTON, CO 80621 Case: ZCV08-00149 Legal Description: 2AR29-1 L1 BLK29 2ND ARISTOCRAT RANCHETTES SITUS: 15376 CAROLINE AV WELD 80621 Dear HANSFORD BENJAMIN R SR: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: .11/18/2008 • .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. 23-3-40 Uses by special review 23-3-40.O HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. COMMERCIAL: 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. C 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 HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein. b. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof. Ordinarily, a HOME BUSINESS shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuary and organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). To bring your property into compliance with the Weld County Code: Your information was again presented to staff this past Friday morning. Staff determined the following: Since monetary gain is occurring and with consistent frequency, thus a COMMERCIAL use, Use by Special Review(USR) permit is necessary. Hopefully by scheduling this Violation Hearing out until November 18, 2008, this will allow you enough time to complete and submit the USR application in its entirety. Please keep in mind that if a USR application has been submitted to our office and deemed complete by staff prior to November 17, 2008, the above hearing would be cancelled. 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. (/eC .c,,,, 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 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, r o NNun N N J as Q is o > Z e Bethany Salzm n El ki m\ O O O el Zoning Compliance Officer II ' K o pc: ZCV08-00149 y u' t �3 a-- cow o`er• „t? c IaLJ2 ¢ o a U.S. Postal ServiceTa • s o c. >�}4, 1 m s CERTIFIED MAILTM RECEIPT .- '> co a OD ` Ln w @i u,s w C z .r rruu (Domestic Mall Only;No Insurance Coverage Provided) y .r..- i _I a - a F r•slivery iM rmati nvisit ur we•site atwww.usps.e•m® .O r)) m�C ct N o o ci m w 2 .z v S y m rn�❑ ❑ 2 -ar-R g Postage $ � cc rl rR E aCertified Fee a Postmark in ¢m Return Receipt Fee Rare I (Endorsement Required) N CI i d CI Restricted Delivery Fee 0 h v r- E _p (Endorsement Required) m m O- -7� 0o r-9 a &- V! r ''9 Total Postage&Fees $ O O d m p E C S -) U to= o m O Sent To T.�psr'( W gt � " o � C, y a yv o fti Street,APf. o.; (CI+ Sdi.s t I N eJ Z`` v E �( SIIIII O or PO Box No. 1 �� j -C `unQ, rt1L 1 , Dc ?-Otla a J N City,State,ZIPt4 I m m m N U cl 1 n N--capon — cc J S Form 3',•,June 2„2 See averse f r InstruMl ns r •- d m .. d 4 wow t W O ��'. .2 m CD LL O m C U U U h i m "' T V 'm¢ m mw s a E m ” o3 -r a EQ aD a as TL U C m �l w y E p E E c .. m o u t n y u c Z C)II d 8 Q 0 Q r t Q ¢ �. LL MEMORANDUM VC DATE: Case 1le P O08072, pre-application August 25, COLORADO FROM: Michelle Martin, Planner II SUBJECT: Pre-Application Meeting prior to submitting USR application for a Home Business (Auto Repair Shop) Attendees: Benjamin Hansford, Applicant Bruce Fitzgerald, Applicant's Representative Michelle Martin, Planner II Don Dunker, Public Works Thomas Honn, Planning Director Jacqueline Hatch: Planner III On Friday, August 22, 2008 an informal discussion took place at the Southwest Weld County Conference Room regarding a proposed USR for a home business (auto repair shop). (The legal description is Lot 1 Block 29 2n° filing of Aristocrat Ranchettes of Section 27, Township 2 North, Range 66W of the 6th P.M.; the site currently contains a single wide mobile home and a detached garage. Background Information: Applicant is currently in violation (ZCV08-00149) for operating an auto repair shop without the appropriate permits. The applicant indicated in the meeting that he only does minor repair work for friends and family and charges them for labor and parts. He works on approximately 2-4 vehicles per week. There is no advertisement of his services. He utilizes the existing garage on the property to conduct his business. Planning Department The site is currently zoned Agricultural and is located in a subdivision Aristocrat Ranchettes. Mr. Honn indicated that he would like to revisit the idea if a home business permit (USR) is required for the site given the fact that it's a small scale operation for family and friends. Mr. Honn stated that someone would get back to him next Friday(8/29/08)with a determination. If a USR permit is required Ms. Hatch went over the requirements and the process. Public Works Mr. Dunker indicated that he would need to see a plot plan showing the circulation of the site and where the vehicles would be parked or stored. No geo technical report, drainage report, traffic report and FHDP would be required for this development. End memorandum. 8(IfThis WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer 11 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 55 FAX: 70-304-6498 rnT � i E-Mailtsalzman@co.weld:co.us man@cooeld5co.us COLORADO July 21, 2008 HANSFORD BENJAMIN R SR 15376 CAROLINE AV FORT LUPTON, CO 80621 Case: ZCV08-00149 Legal Description: 2AR29-1 L1 BLK29 2ND ARISTOCRAT RANCHETTES SITUS: 15376 CAROLINE AV WELD 80621 Dear: HANSFORD BENJAMIN R SR : 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. 23-3-40 Uses by special review 23-3-40.0 HOME BUSINESS. HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein. b. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof. Ordinarily, a HOME BUSINESS shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuary and organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). To bring your property into compliance with the Weld County Code: The NONCOMMERCIAL JUNKYARD portion of this violation has been closed as the DERELICT VEHICLE that was previously on the property has been removed. During our telephone conversation, you indicated the following: - You only work on family and friends vehicles. - They pay for parts and a small fee for services. - You average 2 cars/jobs a week (large family& a lot of friends). - You claim it on your taxes (in the past and current). Since monetary gain is occurring and with consistent frequency, staff determined a Use by Special Review (USR) permit is necessary. The first step in moving forward with the USR process is to schedule a Pre-Application Meeting. Please see the enclosed check list or you can see the following web address: Page 1 of 2 (eitte '� WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I I t 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 4-6498 E-Mail:bsalzman@co.weld.co.us o.us COLORADO http://www.co.weld.co.us/departments/planning/Planning/Procedural_Guides6-15-08/PreAp plication°/020Request%20(2).pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning &Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre-Application Request link (the 3rd one down). This is the first step in submitting a Use by Special Review application. 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 08/21/2008, 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 Salzman Cdr I \ Zoning Compliance Officer II pc: ZCV08-00149 Page 2 of 2 r Print Form I Submit by Email WELD COUNTY PRE-APPLICATION REVIEW REQUEST • The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required prior to beginning the application process; however, this review is not an application. • Pre-application reviews are held every Friday with the Weld County Departments of Public Works and the Public Health and Environment. The first, third, and fifth Friday pre-applicant reviews are held in the Greeley office. The second and fourth are held in the Longmont office or as scheduled. To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to the review date. • The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us. Please print a copy of the Assessor's page and submit it with your pre- application review request. • Mail, fax or drop off the request and required checklist items to the address listed below. • Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Phone: Fax: Email: Address: Project Description: Property Information: Section-Township- Zoning Range Parcel Number Acreage Site Address Water Source Legal Description Sewer Owner Name Is this property currently in violation? r Yes r No Case Number Office Use Only Project Title: Description: Review Date: Meeting Datelfime: Weld County Department of Planning Services Greeley Office - Longmont Office- 918 10m Street, Greeley CO 80631 4290 County Road 24.5, Longmont CO 80504 Phone: 970-353-6100 x3540 Phone: 720-652-4210 x8730 Fax: 970-304-6498 Fax: 720-652-4211 WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: To view the Weld County Code, please go to www.co.weld.co.us, FOR (SPR) SITE PLAN REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures,parking,nearby roads,and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual building elevations ❑ Conceptual landscape plan FOR (USR) USE BY SPECIAL REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures,parking,nearby roads,and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan FOR (PUD) PLANNED UNIT DEVELOPMENT/ CHANGE OF ZONE (COZ): D Brief project narrative explaining request ❑ Exhibit showing desired changes to be made ❑ Location map showing property, surrounding area and adjacent uses ❑ Conceptual zoning map showing current and proposed zoning D Conceptual site plan showing all structures,parking,nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan Weld County Department of Planning Services Greeley Office Longmont Office- 918 10th Street, Greeley CO 80631 4290 County Road 24.5, Longmont CO 80504 Phone: 970-353-6100 x3540 Phone: 720-652-4210 x8730 Fax: 970-304-6498 Fax: 720-652-4211 artl--74r>goi\ WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St ' Greeley, CO 80631 111 C Phone: 970-353-6100 X 3555 FAX: 0-304-6498 E-Mail: bsalzman@co.weld.co.us • COLORADO July 10, 2008 HANSFORD BENJAMIN R SR 15376 CAROLINE AV FORT LUPTON, CO 80621 Case: ZCV08-00149 Legal Description: 2AR29-1 L1 BLK29 2ND ARISTOCRAT RANCHETTES SITUS: 15376 CAROLINE AV WELD 80621 Dear HANSFORD BENJAMIN R SR: 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: During an inspection I conducted on July 1, 2008, an apparent DERELICT VEHICLE was in the drive-way. In an Agricultural subdivision, such as Aristocrat Ranchettes, while the presence of Derelict Vehicles is an allowed use, there are a couple of requirements regarding them: 1.) They must be currently or lastly registered to the current property owner or occupant. 2.) They must be completely SCREENED from all adjacent properties or public rights-of-ways. Otherwise, they shall be restored or removed from the property. Additionally, I have received a complaint indicating that auto repair is occurring on this lot. In order to operate this type of commercial activity additional permitting is necessary. In order to best direct you as to what your options are, I need to obtain additional information. 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. 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 Salzm Zoning Compliance Officer II Page 1 of 2 rattivo WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 e FAX: 970-304-6498 E-Mail: bsalzman@co.weld.co.us COLORADO pc: ZCV08-00149 Page 2 of 2 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5224786 Parcel#: 130927218006 .,. -- ...._.. .._ ..,,.,.....,.,rep,. ..... R _ -, Tax Area: 2241 Bordering County: Acres: 1.03 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 02 - 66 - 27 - 2 ARISTOCRAT RANCHETTES 2ND FG - 29 - Owners Name &Address: Property Address: '�\�� HANSFORD BENJAMIN R SR Street: 15376 CAROLINE AV WELD \J 15376 CAROLINE AV City: WELD Oict; FORT LUPTON, CO 80621 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 8/16/2001 $0 SWDN 2875212 Legal Description 2AR29-1 Ll BLK29 2ND ARISTOCRAT RANCHETTES SITUS: 15376 CAROLINE AV WELD 80621 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Site Land Subtotal: $60,000 $4,780 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value - Value 1 Mobile Home 2 Residential Improvements Subtotal: $31,423 $2,500 Total Property Value $91,423 $7,280 Building Details Account#: R5224786 Parcel#: 130927218006 Owners Name &Address: Property Address: HANSFORD BENJAMIN R SR Street: 15376 CAROLINE AV WELD 15376 CAROLINE AV City: WELD FORT LUPTON, CO 80621 Building# Property Type 1 Mobile Home Individual Built As Detail Built As: Single Wide Year Built: 1982 Exterior: Hardboard Sheet HVAC: Forced Air http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 6/19/2008 Identify Results Page 2 of 2 Interior Finish: Paneling Built As SQ Ft: 924 # of Baths: 2 Roof Type: Gable # of Bdrms: 3 Roof Cover: Metal Ribbed # of Stories: 1 Rooms: 5 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Mobile Home Details MH Make MH Length MH Width Unknown 0 0 Account#: R5224786 Parcel#: 130927218006 Owners Name &Address: Property Address: HANSFORD BENJAMIN R SR Street: 15376 CAROLINE AV WELD 15376 CAROLINE AV City: WELD FORT LUPTON, CO 80621 Building# Property Type 2 Residential Individual Built As Detail Built As: Detached Garage Year Built: 1995 Exterior: Frame Aluminum HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 864 # of Baths: 0 Roof Type: Gable # of Bdrms: 0 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 6/19/2008 • reis(91(.:Are-H DEPARTMENT OF PLANNING SERVICE. Code Compliance Divisio N\Q\ 918 107 Street, Greeley, CO 8063 111 I D P\C Phone: (970) 353-6100, Ext. 3541 �.Q Fax: (970) 304-649, COLORADO - 1, ZONING and/or : ILDING CODE COMPLAINT FORMS Complaint Initiated by: V ZONING CODE COMPLAINT ❑ Staff/Name: K Citizen Et Other O 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: "2 1 let 0� Pending Case#(i.e. USR,RE, SE, ect...): Legal Description: /' ,, Parcel ,,: � Violation Address: ‘ 231(..f) (CaCt A r e. Property Owners Name: VQPp1(Ci1 Rj_( nx-' 'Y�("N Phone: Property Owners Address: 44- itt.pkc1 t, SCLo?A Tenant's Name: Phone: Tenant's Address: {{�� NATURE OF COMPLAINT: NA kb 'Lyecc '- Additional Notes: c , 4 (9- [5(a t a 1111111111111111111!iii 11111 li11 IIII11��11111 It IIII 2875212 08116/2001 12:20P JA Suld Teukamoto 1 of 1 R 5.00 D 0.00 Weld County CO Zlv SPECIAL WARRANTY DEED THIS DEED, Made this 8th day of August, 2001, between BENJAMIN RUSSELL HANSFORD, SR. of the County of WELD and State of Colorado, grantor(s), and BENJAMIN R. HANSFORD, SR. whose legal address is 15376 CAROLINE AVENUE FT. LUPTON, CO 80621 of the County of WELD and State of Colorado, grantee(s) : WITNESSETH, That the grantor(s), for and in consideration of the sum of NO CONSIDERATION, 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 granteels), his heirs and assigns forever, 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 1, BLOCK 29, ARISTOCRAT RANCHETTES SUBDIVISION 2ND FILING, COUNTY OF WELD, STATE OF COLORADO. also known by street and number as: 15376 CAROLINE AVENUE, FT. LUPTON, CO,80621. TOGETHER with all and singular the hereditaments and appurtenances thereto 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 wnatsoever 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 hinself, his heirs and personal representatives or successors, does covenant and agree that she shall 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 claiming the whole or any part thereof, by, through or under the grantor(s) . IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. HE AMIN RUSSELL HAN RD, SR. Z.:7 3n STATE OF COLORADO) (SEAL) COUNTY OF BOULDER} The foregoing instrument was acknowledged, subscribed and sworn to before me this 8th day of August, 2001 by BENJAMIN RUSSELL HANSFORD, SR. . My Commission Expires: -3o -o3 Wi _ ess my h nd and official seal. Q�( LIC T Y Qf ,,p,,ap49 Ht- B 1127 AEC 02068570 09/08/86 14:14 63.00 1/001 AR20b8570 ,y2,_ F 0569 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED THIS DEED,Made this 2nd day of September 19 86 .between State Documentary Fee Ronald H. Prescott and Dolores A. Prescott Data - q-,a,:81.A.— of the 'County of Weld and $ --'`10 State of Colorado,grantor,and Benjamin Russell Hansford Sr., and Lynn Rene Hansford whose legal address is _6390 W. 44th #28, Golden, Co. of the County of Jefferson and State of Colorado.grantees: WITNESS,that the grantor,for and in consideration of the sum of *(041,000.00) Forty—one Thousand Dollars n° 100--- DOLLARS, the receipt and sufficiency of which is hereby acknowi,dgea;has granted.bargained,sold and conveyed.and by these presents does grant,bargain,sell.convey and confirm unto the grantees.their heirs and assigns forever,not incessancy 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: Lct 2, Block 29, ��. Aristocrat Ranchettes Subdivision.. Second Filing, (�' a Subdivision of Weld County tck\O • also known by street and number as 16376 Caroline Ave., Fort Lupton, Co. 80621 I�1 TOGETHER with all and singular the hereditamcnts and appurtenances thereinto belonging,or in anywise appertaining and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and alt 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 hereditamenrs and appurtenances. TO HAVE AND TO HOLD the said premises above 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,chat at the time of theenscaling 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 fotrn aforesaid.and that the same are freeand clear from all former and other grants,bargains,sales,liens,rases,assessments,encumbrances and restrictions of whatever kind or nature I soever.except the general real estate taxes and assessments for 1986 and subseeuent ' years; reservations, restrictions, easements and rights of way of record if any. The grantor shall and wilt WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable i possession of the grantees. their heirs and assigns,against all and every person or persons lawfully claiming the whole or any pan i 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 WHF2 FOE the grantor has executed this deed on the date set forh above. � it cJ �� Dolores ISeCOtt l I STATE OF COLORADO as. County of Adams 0.8DThod, • ssr{ment was acknowledged before me this 2nd day of September I9 86 by."`�R+x ,h ' rescott and Delores A. Prescott � �,0 Ay y• )/i re- witness my hand and official seal. :..• rXp `� • C My Commsls expires 10-7 .Iq co, , ! 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I . , • ,4ii, Ne, t • 4 , �l Y � 1. ,...., , , i , . , Wi..) 'A , � . N , ,, I. it if , i . i��r f• f r 1 !c • 1 i :4, ! ' 'Ir ,s. �/ ,_ t4BxA ,;" �1� t RRRRRIr�)�ti ,� r• ! - f L T i ♦ r t am. , are A ... h l r• I .et /,U 3 • ) 1 • , / r 7~ I, 1 .r , i r iis :� ,( • 1 , t rk,S •'i , , 1 �r , , t , I t� y 1, • . jarr it i . erg• . ' • i ' ' iir I. i . f re ( t � 1II ', . ,,,C,Ai,r • I )i • j f)•i if,. ! • ;( I 3• 1 it el — • F , Ij i 1. A } 11 1y4► rtre ,• I. .r. .� a 4 { . ' . ♦ • r .4- i 1 J itki 4 ' . .1 I • • • tI !fl . 1 I. , r r t , 1 . . 4t . I I i V • 1. • ) h I1 ii { ' 1 I. .. i r ?Fit ,- • Page 1 of 1 Bethany Salzman From: Bethany Salzman Sent: Monday, November 10, 2008 4:14 PM To: 'BENJAMIN SR HANSFORD' Subject: RE: Couhnty Commissioners Hearing I will give the Board your below e-mail and request they continue it to the December 9, 2008 Violation Hearings. If a complete USR application is submitted prior to the December 91h date (at that hearing I will request they simply forward the case back to staff for processing the USR). Thanks From: BENJAMIN SR HANSFORD [mailto:bensrl@q.com] Sent: Saturday, November 08, 2008 8:48 PM To: Bethany Salzman Subject: Couhnty Commissioners Hearing Dear Ms. Salzman, Thank you for rescheduling my hearing from November 18th to the December date as per our conversation Friday November 7th. My prior obligation to the Weld County Board of Adjustments is important for me to attend, and I thank you for your cooperation as well as the planning staff. Thank you sincerely, Benjamin Hansford 11/10/2008 Hello