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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20081696.tiff
RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0800100 AGAINST RAUDEL SANTILLAN 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, Raudel Santillan, ZCV#0800100, 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 17th day of June, 2008, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Raudel Santillan 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 bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Raudel Santillan 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. 2008-1696 PL0824 ('P ; /''L, o i-v VIOLATIONS - ZCV#0800100 - RAUDEL SANTILLAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of June, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dr4 rsi Iliam H. Jerke, Chair Weld County Clerk to the • CUSED ` obert.D.-M cten, Pro-Tem BY: d. i ��_ �. __ Deputy Clerk o the Board Willi F. Garcia AP A -20,1;,- avid E. Long unty Attorney ugla ademache Date of signature: Oo/ow 2008-1696 PL0824 Violation Summary Report BASIC INFORMATION SANTILLAN RAUDEL & 39442 MAIN ST EATON, CO 80615 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV08-00100 Situs Address: 39442 MAIN ST Legal: L34 THRU 37 BLK20 CAMFIELD SITUS: 39442 MAIN ST WELD 00000 Location: Location West of and adjacent to CR 51 and South of Hwy 14 in the subdivision of Camfield North Agricultural South Agricultural East Agricultural West Agricultural Parcel Number: 071118015016-R7195297 Acreage: 0.32 Certified Mail Date: 06/03/2008 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.Q ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted i Section 23-3-50 D below are exceeded and/or the traffic that is generated by the boarding activity exceeds sixty (60) trips per day to and from the property. 23-3-50 Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. 23-3-50.D Maximum number of ANIMAL UNITS permitted per acre: four(4) per acre or portion thereof. REMEDY A USE BY SPECIAL REVIEW (USR) APPLICATION SHALL BE COMPLETED AND SUBMITTED TO THE DEPARTMENT OF PLANNING SERVICES OR THE NUMBER OF HORSES SHALL BE REDUCED TO ONE. RECOMMENDATION THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAT THIS CASE BE REFERRED TO THE COUNTY ATTORNEY'S OFFICE FOR IMMEDIATE LEGAL ACTION. LETTER HISTORY 04/21/2008 Complaint Received 04/21/2008 Complaint Validated 04/21/2008 LTTR: 5 Day Letter 04/25/2008 LTTR: Violation Notice 2008-1696 Violation Summary Report 06/03/2008 LTTR: Hearing Notification OTHER CASE HISTORY 04/21/2008 E-Mail Received RECEIVED AN ANONYMOUS EMAIL THAT STATED ANIMAL CONTROL OFFICER HAD BEEN SENT OUT TO ROUND UP 5 HORSES THAT GOT OUT. THE SIZE OF THE LOT WAS ONLY .32 AND THEREFORE ONLY ONE HORSE WOULD BE ALLOWED. 04/24/2008 Phone Call I RECEIVED A PHONE CALL FROM RAUDEL. HE SAID THAT THE HORSES WERE HIS COUSINS BUT HE RECENTLY JUST PASSED AWAY IN A CAR ACCIDENT WITHIN THE WEEK. HE WAS NOT SURE WHAT TO DO WITH THEM AND WOULD NEED A LITTLE TIME FOR HIS UNCLE TO GRIEVE BEFORE APPROACHING HIM ABOUT THE MATTER. I EXPLAINED HE DID HAVE 30 DAYS TO BRING THE PROPERTY INTO COMPLIANCE. IF HE NEEDED MORE TIME THEN I WOULD SCHEDULE THE CASE INTO JULY"S HEARINGS (SINCE I WILL BE OUT OF THE OFFICE FOR JUNES") AND THE BOARD WOULD BE ABLE TO GRANT AN ADDITIONAL EXTENSION SHOULD THEY SEE FIT. t WELD COUNTY PLANNING DEPARTMENT Ann Sin Z Co mpliance Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 Q FAX:970-304-6498 E-Mail: asiron@co.weld.co.us COLORADO June 03, 2008 SANTILLAN RAUDEL & 39442 MAIN ST EATON, CO 80615 Case: ZCV08-00100 Legal Description: L34 THRU 37 BLK20 CAMFIELD SITUS: 39442 MAIN ST WELD 00000 Dear SANTILLAN RAUDEL&: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 06/17/2008 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.Q ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in Section 23-3-50 D below are exceeded and/or the traffic that is generated by the boarding activity exceeds sixty (60) trips per day to and from the property. 23-3-50 Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. 23-3-50.D Maximum number of ANIMAL UNITS permitted per acre: four (4) per acre or portion thereof. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION ON APRIL 24, 2008 THE HORSES SHALL BE REDUCED TO ONE. IF SUBSTANTIAL PROGRESS HAS ALREADY TAKEN PLACE IN AN EFFORT TO BRING THE PROPERTY INTO COMPLIANCE, AN EXTENSION CAN BE REQUESTED TO THE BOARD OF COUNTY COMMISSIONERS THROUGH A VIOLATION HEARING. Page 1 of 2 ra t iiii...;.)::, WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 hiDe FAX:970-304-6498 E-Mail: asiron@co.weld.co.us COLORADO 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, 0, Ann Siron Zoning Compliance Officer pc: ZCV08-00100 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. �//9 ❑Agent • Print your name and address on the reverses �44 ❑Addressee so that we can return the card to you. B. ec ived by tinted C. Date of Delivery , • or on this nt to the back it the mailpiece, � or on the front if space permits. - b/r� �A �j — S -or we l 0 @ item 1? 0 Yes 1.Ad e l Article Addressed o: atn ti lied) GR$$t�t€r 5rifet ildress below: ❑ No 311112 PILO St JUN 0 6 7008 &tort, 00 ' oc,eis 3 C 4VED ce ype Certified Mail ❑ Express Mail ❑Registered O Retum Receipt for Merchandise ❑Insured Mall ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes z. Article Number 7007 11490 0004 7353 3836 (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-o2-M-1540 Page 2 of 2 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:970-304-6498 E-Mailasiron@co.weld.co.us COLORADO April 25, 2008 SANTILLAN RAUDEL & 39442 MAIN ST EATON, CO 80615 Case: ZCV08-00100 Legal Description: L34 THRU 37 BLK20 CAMFIELD SITUS: 39442 MAIN ST WELD 00000 Dear: SANTILLAN RAUDEL & : 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.Q ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in Section 23-3-50 D below are exceeded and/or the traffic that is generated by the boarding activity exceeds sixty (60)trips per day to and from the property. 23-3-50 Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. 23-3-50.D Maximum number of ANIMAL UNITS permitted per acre: four(4) per acre or portion thereof. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION ON APRIL 24, 2008 THE HORSES SHALL BE REDUCED TO ONE. IF ADDITIONAL EXTENSIONS ARE NEEDED THIS CASE CAN BE SCHEDULED INTO JULY'S VIOLATION HEARINGS TO REQUEST SUCH TO THE BOARD OF COUNTY COMMISSIONERS. Page 1 of 2 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zo ning Compliance Officer we 918 10th St EGreeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 4-6498 E-Ma9as0 ion@co.wed.o.us COLORADO 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 05/26/2008, 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, (Clit - LC/6,C Ann Siron Zoning Compliance Officer pc: ZCV08-00100 Page 2 of 2 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 C FAX:970-304-6498 E-Mail: asiron@co.weld.co.us COLORADO April 21, 2008 SANTILLAN RAUDEL & 39442 MAIN ST EATON, CO 80615 Case: ZCV08-00100 Legal Description: L34 THRU 37 BLK20 CAMFIELD SITUS: 39442 MAIN ST WELD 00000 Dear SANTILLAN RAUDEL&: 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: TOO MANY HORSES ON THE PROPERTY. ONLY ONE HORSE IS ALLOWED PER EVERY .25 ACRES. THIS PROPERTY IS ASSESSED AT .32 ACRES. THE NUMBER OF HORSES SHALL BE REDUCED TO ONE. 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, Ann Siron c LI.H Zoning Compliance Officer , 6 pc: ZCV08-00100 •r� C v�S 'b- Page 1 of 1 Page 1 of 1 Ann Siron From: Wendi Inloes Sent: Monday, April 21, 2008 7:46 AM To: Ann Siron Subject: FW:TMSM-Spam: Email from contact form directed to Planning From: schneider1423@thinair.net [mailto:schneider1423@thinair.net] Sent: Saturday, April 19, 2008 5:13 PM To: Wendi Inloes Subject: TMSM-Spam: Email from contact form directed to Planning 05:12 PM 19-Apr-08 76.76.65.48 j3 Planning �A 1 schneider1423@thinair.net J � L� On April 16, 2008, an animal control officer had to come out to round up 5 horses that belonged to my neighbor at 39442 Main St, Eaton. The officer indicated that he was going to forward the information to a zoning officer, as the .32 acre parcel, according to the assessor currently has 7 horses on it. This is significantly more than allowed, as the code indicates they are allowed 4 per acre. Since you can't split horses, I would say they could have 1 horse, unless they have more than .5 acres of land. I just want to make sure this is followed up on. 04/21/2008 tt ti4� 1 „,ac t \-C? mit--:- (z---- DEPARTMENT OF PLtNNING SERVICES Co. e Compliance Division 918 10'� S:'ee`t, Creeleg, CO 80=_It"' C °none: !y-O: S=_-6100 z;:t :540 za) (970, 30049° • COLORADO ZONING andior BUILDING CODE COMPLAINT FORMS Complam', Initiated by. 70 UC "-Cr1C . ci ZONING CODE CONL�LAflC - Staff/Name t °mem Lea One- ILI HEALTH DEPARTIEN i Ctezem s Name(if'Known) Efl WELD COUNTY SHERI'FF'S OFFICE /ANIMAL CONTROL Pnane Namcc-CD-KnownY BUILDING CODE CONEPL.d T PUBLIC WORDS i PEST d WEEDS ' Date Comniaia:was :e..e;ved: , - O4)/-(--,,-;- Pending Case r O.e.USP RE. SE. e__ Le al 'pest-nation i _224 -- 2 , /L/ :7/' j /6 /T 7777/.61 Parcel n. ( 711 - / g-/A -Z5- (1(i, violator.Address. 374.1',,177 7. l7 k117 5 Ill/2'1 S7.1'CrKC, Procenv Greets Nano. kits Ic t G;( �rc/_1 i 1/I t�/�i_l Phone 1•rop ertc' Tenants Name Phone: Tenants Address. NATURE. Or: CO≥\•WWPLADTT. -) G VII-Cl Cc) C.`-.r 1 • 36, CcG2,L....:S - 6/2/ - /4^G�_`ee/�3 .tiaai➢onai Note. Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7195297 Parcel#: 071118015016 Tax Area: 3865 Bordering County: Acres:0.32 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 07 -64 - 18 -0 CAMFIELD- 20 - 34 rrrr Owners Name&Address: Property Address: SANTILLAN RAUDEL& Street: 39442 MAIN ST WELD 39442 MAIN ST City:WELD EATON, CO 80615 Additional Owners: SANTILLAN ESTELA Business/Complex: Sales Summary Sale Date Sale Price Deed Tvoe Reception # 1/21/2004 $179,400 SWD 3153172 Legal Description L34 THRU 37 BLK20 CAMFIELD SITUS: 39442 MAIN ST WELD 00000 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Site Land Subtotal: $19,500 $1,550 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Residential Improvements Subtotal: $149,786 $11,920 Total Property Value $169,286 $13,470 Building Details Account#: R7195297 Parcel#: 071118015016 Owners Name&Address: Property Address: SANTILLAN RAUDEL& Street: 39442 MAIN ST WELD 39442 MAIN ST City:WELD EATON,CO 80615 Building# Property Type 1 Residential http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0711... 04/21/2008 Identify Results Page 2 of 2 Individual Built As Detail Built As: Detached Garage Year Built: 1997 Exterior: Frame Hardboard HVAC: None Interior Finish: Drywall Built As SQ Ft: 576 # of Baths: 0 Roof Type: Gable # of Bdrms: 0 Roof Cover: Preformed Metal # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R7195297 Parcel#: 071118015016 Owners Name&Address: Property Address: SANTILLAN RAUDEL& Street: 39442 MAIN ST WELD 39442 MAIN ST City: WELD EATON, CO 80615 Building# Property Type 2 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1998 Exterior: Frame Siding HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 1569 # of Baths: 5 Roof Type: Hip/Gable # of Bdrms: 3 Roof Cover: Preformed Metal # of Stories: 1 Rooms: 4 Units: 1 Garage: Attached SQ Ft: 462 Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=0711... 04/21/2008 172• I 116111111N3153172 11111{IIIIIIIII NIIIIIIIIII II'I II'I FrC.^�RD"R'S MEMORANDUM THIS DOCUMENT WAS FOUND 03:398 Weld Dowdy, To GL INADEQUATE FOR d er 1 of 1 R 6.00 D 17.94 Steve Wane Clerk&C0 Rec SCANNING PURPOSES. SPECIAL WARRANTY DEED THIS DEED, Mede this 23rd day of January , 2004, between Household Finance Corporation III acmpomdon duly organized and snaring ander and byvbtue of the lawn of the State of Colorado ,oftoe first pat and Randal Santillan and Estsla Santillan whoseleged address is 39537 County Road 51, Eaton, Colorado 80615 of the county of Weld ,and State of Colorado ,of the seendprat W►TNESSETH,That the said petty of the first put,far end in consideration of the mm of ONE RUNDEEO SEVEN'I'T NINE THOUSAND FOUR HUNDRED AND NO/100 (5179,400.00 ). to the said party of the first pert,hr bad paid by me said parties of de second pen,the receipt whereof is hereby confessed and acknowledged,has granted bargained,sold and conveyed,sad by these Pile does grant,bargain,sell convey sad cmfrm onto the said parties of the Second put not in tenancy in camera but in joint tenancy,the smvlvor of them,their assigns end the heirs and anima of such survivor forever,all the following doemted lot(s)orpercelD)of land,data lying and bciag bade County o5 Weld ,and State of Colorado,to wit Lots 34, 35, 36 and 37, Block 20, TOwNSITE OF CANFIELD, County of Weld, State of Colorado F_,-IT@ alsobmwn by street and number u 39537 County Road 51, Eaton, colorado 80615 TOGETHER with all sod singular the beredoamtan and eppwtenancea thaw=belonging,arm anywise eppert®ing,and the recension and reversions,remainder and remainders,rents.Woes and profits thereat and all the estate,right title,intact claim sad demand wyasoever of the said party of the first pen,either inlaw or equity,of,in and to the abovebargained penises, with the HAVE AND TO and P he odd s. pc above bargained and described,with the appurtenances,unto the said parties of e second c art the HOLDha odd P�rg6 and the heirs and assigns of suchsurvivor forever. theendhe part am survivor of them forj elfres an to and with the laid perdu of the second And teesddpr of ofd,fastpen,fardose weds,mcnasms,f such sm agrees remises in sae quiet and pmt the survives of them,its assigns and the hobs mad assigns of survivor,the nbovo-batgahrol pt peaceable possession of the said parties of the second put the stadvor of them their assign nd the hits thereof, n thd e ires of such or order amvivor,against al and wary pasonorpaeans lawNEy cLiadag or to claimthe ornate or partany the said pares oftbe fimtpart,to WARRANT AND rOREVNDRPH'to. shall be applicable to e8 gentian. The singular number'shall Inolode the plural,the pliant the Simla,mad the use of any gender IN WITNESS WHEREOF,the said party of the first part has wised its corpaate mime to be hemmto Subscribed by its ,and its cmpate%seal to be hereunto affixed attestedby its the day and year Sat move written Hone old Fi ai1Ca Corporation, III 11—N Oc Asst Frsaiasit STAID OP CILIFORICr�AA 3as. COUNTY OF LOS An3e)e-S )S al Jr a°°`f' by The f. g ioeaament war acknowledged before me orb �� Household Finance h:.� as r, Corporation, III. 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