HomeMy WebLinkAbout20080785.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
ZCV#0701200 AGAINST PASCUAL AND GRACIELA GARCIA 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, Pascual and Graciela Garcia, ZCV#0701200, 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 11th day of March, 2008, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Pascual and Graciela Garcia 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 this case back to the Department of
Planning Services due to a Zoning Permit for a Commercial Vehicle being submitted on
February 13, 2008.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0701200 against Pascual and Graciela Garcia be, and hereby is,
referred back to the Department of Planning Services.
2008-0785
PL0824
00 ', ft , k'!OC_- C34_5702'
VIOLATIONS - ZCV#0701200 - PASCUAL AND GRACIELA GARCIA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of March, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
• WELD COUNTY, COLORADO
ATTEST: imnicam� Jos n'
Wil m H. Jerke, Chair
Weld County Clerk to the Board , �
.:+ RobertDD. M n, ' o- gem
BY:
De y Cle to the Boaml
Wil ' F. Garcia
O DAS c � EJT
David E. Long
ou ty ttorney e, (AC/'
Douglas Rademache
Date of signature: 3 J(4/0
2008-0785
PL0824
V. ,lation Summary Rep it
BASIC INFORMATION
GARCIA PASCUAL & GRACIELA P O BOX 348 FT LUPTON, CO 80621
Tenant:
Compliance Officer: Bethany Salzman
Violation Number: ZCV07-01200
Situs Address: 0 WELD
Legal: 2AR40-5 L5 BLK40 2ND ARISTOCRAT RANCHETTES
Location: Location South of and adjacent to CR 18 and East of and adjacent
North Agriculture with residences
South Industrial plant/Agriculture
East Agriculture
West Agriculture with minimal residences
Parcel Number: 130927306002-R5232486 Acreage: 0.99
Certified Mail Date: 02/07/2008
Currently the property is in violation of.
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right. •
23-3-30 Accessory uses.
23-3-30.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 propert
equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods,
equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to
and from the property. When the property is located within an approved or recorded
subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any
regulations controlling subdivisions, such USE may be permitted through Section 23-4-950
of this Code.
REMEDY
As I have previously explained, the presence of a COMMERCIAL VEHICLE on a property situated within
a Subdivision, such as Aristocrat Ranchettes, requires additional permitting. A Zoning Permit for a
Commercial Vehicle is necessary.
RECOMMENDATION
The Department of Planning Services recommends that this case be forwarded to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
12/04/2007 Complaint Validated
12/04/2007 LTTR: 5 Day Letter
12/17/2007 LTTR: Violation Notice
02/07/2008 LTTR: Hearing Notification
OTHER CASE HISTORY
11/20/2007 Property Inspected Upon a visual inspection of the property, the following
items were noted: 1 dumptruck (with MAR Trucking on
the side) was noted. No pictures were taken during this
inspection.
02/11/2008 Certified Mail Receipt Certified Receipt received signed. 2008-0785
V. ,lation Summary Rep .t
02/13/2008 E-Mail Received Spoke to Maria Gutierrez (daughter of property owners) viz
e-mail several times. See file. She indicated she would
be in to the office to drop off a ZPCV application.
Page 1 of 2
Bethany Salzman
From: Bethany Salzman
Sent: Wednesday, February 13, 2008 10:21 AM
To: 'Maria Gutierrez'
Subject: RE:
Your parents do not have to be with you when you submit it; however, they do both need to sign the application if
they are both listed on the deed. We open at 7:30 am. Let me know if you would like directions to this (1-25)
office. Thanks
From: Maria Gutierrez [mailto:maria@almortgageinc.com]
Sent: Wednesday, February 13, 2008 9:51 AM
To: Bethany Salzman
Subject: RE:
Do they have to be there or can I just take it in. Also what time do you open?
Maria CQatierrez
American Marty Mortgage
303'458'3778 None
303`433'4904 Fax
mania u�),aemortgageinc,cof
From: Bethany Salzman [mailto:bsalzman@co.weld.co.us]
Sent: Wednesday, February 13, 2008 9:34 AM
To: Maria Gutierrez
Subject: RE:
Sorry— I should also add —that our Longmont office is on Hwy 119 & 1-25
From: Maria Gutierrez [mailto:maria@almortgageinc.com]
Sent: Wednesday, February 13, 2008 9:25 AM
To: Bethany Salzman
Subject:
My name is Maria Gutierrez and my parents have a property that has a zoning violation on their property. They do
not speak any English and they just gave me a letter that they have a zoning hearing for March 11, 2008. If I
provide the paperwork by this week and everything is in order do they still have to attend? I am asking this
because I will have to go with them for this and with work I do not have much time. I also am aware that I will have
to Hand Deliver the Zoning package and you are about an 1hr 30 min away. I do not know if there are any
exceptions on this so that I can overnight the paperwork along with the check. Please let me know if this is
possible and any help is greatly appreciated.
Maria Gutierrez
American tioerty Mortgage
3/4/2008
Page 2 of 2
303'458'3778 P4one
303`433'4904 Tax
maria@ae orfgagaiNc,cPIN
3/4/2008
C 'ARTMENT OF PLANNING SERVICES
41 Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
Co Phone
Number: 720-652-4210 x 8739
Fax Number: 720-652-4211
SOUTHWEST
4209 OFFICEC 5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
February 07, 2008
GARCIA PASCUAL & GRACIELA
P O BOX 348
FT LUPTON, CO 80621
Violation Number: ZCV07-01200
Legal Description:
2AR40-5 L5 BLK40 2ND ARISTOCRAT RANCHETTES
Dear GARCIA PASCUAL & GRACIELA:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
03/11/2008 10:00 AM
The above mentioned property remains in violation of the following Section(s) of the Weld County
Code:
Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less
than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a
LOT which is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property
equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods,
equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to
and from the property. When the property is located within an approved or recorded
subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any
regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of
this Code.
To bring your property into compliance with the Weld County Code:
As I have previously explained, the presence of a COMMERCIAL VEHICLE on a property
situated within a Subdivision, such as Aristocrat Ranchettes, requires additional permitting. A
Zoning Permit for a Commercial Vehicle is necessary.
Dr 1RTMENT OF PLANNING SERVICES
(iticift i;s\r). Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
Phone Number: 720-652-4210 x 8739
viii-De Fax Number: 720-652-4211
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
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 Commisioners
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,
q . -) 5 I i
?If N cat v O I N o U d o
O V ry y
Q Q '�� T 2
Bethany Salzman > . o 6 n
Zoning Compliance Officer II , = .. a s. co
pc: ZCV07-01200 m 2
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Department of Planning Services E 2 8 i m d if �
Bruce Barker, County Attorney • i m W 0 d & M1
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Df `,RTMENT OF PLANNING SERVICES
Compliance Division(70+ �} ss\\ NORTH OFFICE
918 10th Street
CO
Greeley, C 80631
Email Address: bsalzman@co.weld.co.us
111111 Phone Number: 720-652-4210 x 8739
Fax Number 720-652-4211
C SOUTHWEST OFFICE
4209 CR 24.5
COLORADOLongmont, CO 80504
Phone: (720)652-4210, Ext 8730
Fax: (720) 652-4211
December 17, 2007
GARCIA PASCUAL & GRACIELA
P O BOX 348
FT LUPTON, CO 80621
Legal Description: ZCV07-01200
2AR40-5 L5 BLK40 2ND ARISTOCRAT RANCHETTES
Dear: GARCIA PASCUAL & GRACIELA :
The uses on the above described property are being considered as a zoning code violation of
Sections of the Weld County Code. Currently your property is in violation of the following Section(s)
of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than
eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT
which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions.
Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or
greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or
livestock, as long as the number of trips does not exceed sixty (60) per day to and from the
property. When the property is located within an approved or recorded subdivision, or part of a
LOT which is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions, such USE may be permitted through Section 23-4-950 of this Code.
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.
To bring your property into compliance with the Weld County Code:
The presence of a COMMERCIAL VEHICLE on a property situated within a Subdivision,
such as Aristocrat Ranchettes, requires additional permitting. A Zoning Permit for a
Commercial Vehicle is necessary.
It is the intention of this off' 'o assist and cooperate with you without it sing undue hardships;
however, we have no discretion in this matter if you fail to correct this violation. You have until
01/17/2008, 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
Zoning Compliance Officer II
pc: ZCV07-01200
Department of Planning Services
Bruce Barker, County Attorney
DE, 2TMENT OF PLANNING SERVICES
Compliance Division
Q, NORTH OFFICE
918 10th Street
4
"l CO 80631
Email Address: bsalzman@co.weld.co.us
luggPhone: 720-652-4210 x 8739
Fax: 720-652-4211
Iiiv€. SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
COLORADO Phone: (72O) 652-4210, Ext 8730
Fax: (720) 652-4211
December 04, 2007
GARCIA PASCUAL & GRACIELA
P O BOX 348
FT LUPTON, CO 80621
Legal Description: ZCV07-01200
2AR40-5 L5 BLK40 2ND ARISTOCRAT RANCHETTES
Dear GARCIA PASCUAL & GRACIELA:
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 a visual inspection of the property, a COMMERCIAL VEHICLE(a dump truck) with
MAR Trucking on the side was noted. When a property is situated within a subdivision,
such as Aristocrat Ranchettes, a Zoning Permit for a Commercial Vehicle is required in
order to maintain a Commercial Vehicle on the property at any given time. Please see the
enclosed application. For questions, I suggest you speak to one of our"On-Call" Planners.
To better serve the public, we have 2 locations open. Our North office is located at 918
10th Street, Greeley, Colorado. At our North office, an "On-Call" Planner is available,
Monday thru Thursday from 7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209
CR 24.5, Longmont, Colorado. At our Southwest office, an "On-Call" Planner is available
Monday thru Thursday from 12:30 p.m. -4:30 p.m. You do not need to schedule an
appointment, because individuals are seen on a sign in basis. Fridays are reserved by
appointment only. To better serve you, please bring this letter with you.
Please contact me within five working days of the date of this letter to review these concerns with me. Feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with
you.
Sincerely,
Bethany Salzma
Zoning Compliance Officer II
pc: ZCV07-01200
Department of Planning Services
Bruce Barker, County Attorney
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5232486 Parcel#: 130927306002
Tax Area: 2241 Bordering-County:
Acres: 0.99
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
02 - 66 - 27 - 3 ARISTOCRAT RANCHETTES 2ND FG - 40 - 5
Owners Name&Address: PrgpeAddress: /
GARCIA PASCUAL& Street: O
P 0 BOX 348 City: m
FT LUPTON, CO 80621
Additional Owners: /\
GARCIA GRACIELA O
Business/Complex: _... __. _._ __.. _....
Sales Summary
Sale Date Sale Price Deed Ty Reception #
$0
Legal Description
I 2AR40-5 L5 BLK40 2ND ARISTOCRAT RANCHETTES
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
2 Out Building
3 Out Building
Improvements Subtotal: $1,524 $120
Total Property Value $61,524 $4,900
Building Details
Account#: R5232486 Parcel#: 130927306002
Owners Name&Address: Property Address:
GARCIA PASCUAL& Street:
P 0 BOX 348 City:
FT LUPTON, CO 80621
Building# Property Type
2 Out Building
httn://mans2.merrick.com/Website/Weld/setSq 1.asp?cmd=QUERY&DET=PP&pin=1309... 11/29/2007
Identify Results Page 2 of 2
Individual Built As Detail
Built As: Shed - Utility Year Built: 0
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
# of Stories: 0
Rooms: 0 Units: 0
Garage
Attached SQ Ft: Detached SQ Ft:
Basement: •
Total SQ Ft: Finished SQ Ft:
Account#: R5232486 Parcel#: 130927306002
Owners Name&Address: Prpperty Address:
GARCIA PASCUAL& Street:
P O BOX 348 City:
FT LUPTON, CO 80621
Building# Property Type
3 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1982
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 0
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 e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=1309... 11/29/2007
(It
DEPARTMENT OF PLANNING SERVICES
' Code Compliance Division
918 10'" Street, Greeley, CO 80631
0 Phone: (97O) 353-6100, Ext. 3540
� ^I� Fax: (970) 304-6498
COLORADO '
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
ZONING CODE COMPLAINT X Staff/Name:t'UtC'bt j n Citizen ❑ Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known):
O WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: t 1'2D 01
Pending Case#(i.e.USR,RE, SE, ect...):
End gCtirvi
Legal Description: 11* ) V kout_4D'I 1=VADCACIA(1Pe ` i ILOCbrcel#: 'c�-i'.3'�-bea
Violation Address: NE (n- 'tr � tt( t U
n _ (� O C 12,10..
Property Owners Name: �dY(iCk ?B1Z{W:XI a — Cohone:
Property Owners Address: �^"�b B0X. .3-124, A tCc*6W f t filDt o ZA
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: -1Th1Y1 *ui C1L. ^ MPS- 1 n&(i z v�
•
Additional Notes:
AR1882351
B 0960 REC 011382351 02/08/132 10:40 $3.00 1/001
Recorded at MARY ANN FEUER,STEIN, CLERK A RECORDER, WELD COUNTY, CO
Reception No. -----.
•
•
c Vlurinhtiij/ Teed.•
n
THIS DEED is a conveyance of the real property described below, including any improvements and other
appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity(ies)
named below as GRANTOR to the individual(s)or entitv(ies)named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to
the property,except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE
will pay(2)any easements and rights-of-way evidenced by recorded instruments(3)any patent reservations
and exceptions(4)any outstanding mineral interests shown of record(5)any protective covenants and rest rig
ions shown of record. and(6)any additional matters shown below tinder"Additional Warranty ERCephOtlti".
The specific terms of this deed are:
GRANTOR:Ir,,,•n. is)and place(%)of residence:it the spouse of the mwreogranbr is Joining in this Deed in release homestead 1114111.,
identity gtanton as husband anti wile.)
Willard J. Adams and Josephine L. Adams,. husband and wife
5563 Carson Way, Denver, CO 80239
GRANTEE: (Uwe mum•Is)and addressiesl.statement of address.Ox tad mg available road on sweet nom hb,is required I
Pascual Garcia and Graciela Garcia - '
P,O.Box 348 •
Fort Lupton, CO •
FORM OF CO-OWNERSHIP: (II there are two or more grantees named,they will be considered to rake as tenants in common unless
the wards"in Mint tenancy"or words al rho same meaning are added in the space below I
in joint tenancy
PROPERTY DESCRIPTION: (Include manly and stetr.l
Lots 5 and 6, Block 40, Aristocrat Ranchettes, Located in Section 27, Township
2 West, Weld County, Colorado
•
Store Documentary F,•
Dote. .EB,. .$ 2,
•
•
•
CONSIDERATION:clise matemenl nl a dollar amount is optional adequate cumidermron tar dim deed writ Lr IuesomM unlest this
conveyance idem'li d as a gilt in any case ter',rntrryanb•is absolute.I lb d arid m muLlimial) '
•
$15;500;DO
RESERVATIONS-RESTRICTIONS:(If the GRANIOR intends to tome any interest in the property or to convey less than he owns.or
it the❑RANrOn is restricting the CRAN1C1'5 tights in the property,make anew:white inditatiop.)
Any of record
40.
ADDITIONAL WARRANTY EXCEPTIONS:(Include mortgages bong assumed and other matters not covered abo.ea
,,,' n ari January 29 pig_82
s •1V1 l vi . ur. rm ' cantor
•
e� �'��P��\/ si 4sepl inn L. Adams Grantor
-45—kt FEO4bRADO Grantor
1p � ore40:in ruiNvme ss. r fA �• y , 19 ea.
,A or �l$rin5lrument was acknowledged before me this �) day of --1l�ryslnC/
'y`li,p'•.4V... atd J. Adams. p ,� ^n
2, ° WITJO %My hand and official seal. /xr..(v{,, v.---�
" t m
^r,MyinO ission expires: 3/I t'Si �.Jl Notary Public
,w,tlSV Tti3OF COLORADO )ss Address: 4155 F JFWFI I AVF If30l1
i)t.•COUNTYOF b,nver • ) DENVER,LO 80222
- Thifidrepl9(ng in trument was acknowledged before me this a9 L— day of -dnnvar.) , 19
��1q rT,_sg13h}rte L.
Adams.
s 'Wf•INAS?tyAland and ol(i ial seal. M•
.pA45'-Cemn4fSloh expires: 2 if/r•1,
d„1/4%,„ •
nUB\-0 O c Address: Notary Public
Pk LfOAIFORMe (; %%; )) 4155 F. JEWELL AVE,H30Qeo, 2m
G. f13 t67 GREELEY,COLORADO 60632 v ` DENVER, CO 80222 . •
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