HomeMy WebLinkAbout20082146.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST STELLACARLSON 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, Stella Carlson, ZCV #0800039, 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 12th day of August, 2008, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Stella Carlson, property owner, was present at said hearing, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon
such referral until October 12, 2008, to allow adequate time for the property owner to evict the
current tenants and bring the property into compliance and for an inspection of the property by the
Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV#0800039 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Stella Carlson to remedy the violation of the Weld County Code, and
any other persons occupying the properties,any persons claiming an interest in the properties, and
any persons acting in active concert with the identified parties,with an instruction for delay of action
upon such referral until October 12, 2008, to allow adequate time for the property owner to evict
the current tenants and bring the property into compliance and for an inspection of the property by
the Department of Planning Services staff.
2008-2146
PL0824
e& VIOL 0W
VIOLATIONS - ZCV#0800039 - STELLA CARLSON
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 12th day of August, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
E Lb
WELD COUNTY, COLORADO
ATTEST:
1861 (' kii' i am H. Jerke, Chair
Weld County Clerk to the l \\140--
\
Robert D. Mas en, Pro-Tem
Deputy Clerk the Board t, <�
William F. Garcia
APP AS FORM: EXCUSED
David E. Long
nt orney
ugla ademac er��
Date of signature: S/9D/t)f
2008-2146
PL0824
BASIC INFORMATION
CARLSON STELLA 4705 WHITE SANDS ST GREELEY, CO 80634
Tenant:
Compliance Officer: Ann Siron
Violation Number: ZCV08-00039
Situs Address:
Legal: 1WHP7-30 L30 BLK7 WEST HILL-N-PARK 1ST FILING 1ST REPLAT
Location: Location North of and adjacent to 49th Street and East of and
adjacent to 4th Avenue
North Evans city limits, some Agriculture and zone districts
South Evans city limits, some Agriculture and Estate zone
districts
East Evans city limits, some Agriculture zone districts
West Evans city limits, some Agriculture and Estate zone
districts
Parcel Number: 095926318012-R2672786 Acreage: 0.15
Certified Mail Date: 07/09/2008
Currently the property is in violation of:
Chapter 23, Article 111(3), Division 2 Residential Zone Districts
23-3-150 R-5 (Mobile Home Residential)Zone District.
23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the
COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas
are intended to be located, designed and developed in compliance with Chapter 22 of this
Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also
intended to accommodate nonresidential land uses that are both ACCESSORY to and
compatible with residential USES allowed by right in the Zone District.
23-3-150.B Uses Allowed by Right.
23-3-150.C. Accessory Uses.
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.
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
2008-2146
•
STRUCTURE or visually SCREENED from all ADJACENT properties and public
rights-of-way.
REMEDY
THE COMMERCIAL VEHICLES SHALL BE REDUCED TO ONE AND A ZONING PERMIT FOR A
COMMERCIAL VEHICLE (ZPCV) SHALL BE OBTAINED FOR THE REMAINING. OTHERWISE ALL
COMMERCIAL VEHICLES SHALL BE REMOVED FROM THE PROPERTY.
ADDITIONALLY IT WAS NOTED DURING AN INSPECTION THAT A LARGE AMOUNT OF WOOD,
SEVERAL MATTRESSES AND POSSIBLY OTHER MISCELLANEOUS DEBRIS WERE BEHIND THE
HOME. THESE ITEMS SHALL BE REMOVED AS WELL.
RECOMMENDATION
The Department of Planning Services request this case to be referred to the County Attorney's office
for immediate legal action.
LETTER HISTORY
01/31/2008 Complaint Validated
02/01/2008 LTTR: 5 Day Letter
06/04/2008 LTTR: Violation Notice
07/09/2008 LTTR: Hearing Notification
OTHER CASE HISTORY
01/31/2008 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY
THE FOLLOWING ITEMS WERE NOTED: 2
COMMERCIAL VEHICLES AND POSSIBLY
COMMERCIALLY RELATED TRAILER.
07/07/2008 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY
THE FOLLOWING ITEMS WERE NOTED:
MATTRESSES, WOOD AND DEBRIS IN THE BACK OF
THE HOUSE AND A COMMERCIAL VEHICLE
(TRUCK).
07/11/2008 Phone Call
RECEIVED A VOICEMAIL FROM STELLA CARLSON
(SHE DID NOT LEAVE A PHONE NUMBER) SHE
STATED THAT HER RENTERS HAD LOST THE
PAPERWORK FOR THE ZPCV AND ASKED IF I
COULD MAIL HER ANOTHER APPLICATION. I HAVE
RESENT THE APPLICATION TO MS. CARLSON"S
ADDRESS ALONG WITH A MEMO STATING THAT
SHOULD THE PROPERTY BE CLEANED AND A ZPCV
APPLICATION SUBMITTED WE WOULD REMOVE
THE CASE FROM THE DOCKET.
//// jpp!l��i t�j To: July 11, 2008
link From: Ann Siron, Zoning Compliance Officer, Dept. of Planning Services
Subject: ZPCV application
COLORADO
Stella,
I have enclosed the requested application for the permitting of a commercial
vehicle in an R-5 zoned subdivision. This is in regards to a commercial vehicle
being parked at 4705 White Sands in Hill-N-Park.
Please let me know if I can answer any questions in relation to the violation
or application/permit process. Should the mattresses, wood, and debris behind
the house be removed and a Zoning Permit for a Commercial Vehicle (ZPCV)
application be submitted then I can immediately remove this case from the
docket in August.
Thank you so much for your cooperation regarding this matter.
Regards,
Ann Siron
Zoning Compliance Officer
SERVICE.TEAMWORK.INTEGRITY.QUALITY
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-Mail: asiron@co.weld.co.us
COLORADO
July 09, 2008
CARLSON STELLA
4705 WHITE SANDS ST
GREELEY, CO 80634
Case: ZCV08-00039
Legal Description:
1 WHP7-30 L30 BLK7 WEST HILL-N-PARK 1ST FILING 1ST REPLAT
Dear CARLSON STELLA:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
08/12/2008 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 2 Residential Zone Districts
23-3-150 R-5 (Mobile Home Residential) Zone District.
23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY fo
MOBILE HOMES USED for single-family residential occupancy. These areas are intended to
be located, designed and developed in compliance with Chapter 22 of this Code and the
MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to
accommodate nonresidential land uses that are both ACCESSORY to and compatible with
residential USES allowed by right in the Zone District.
23-3-150.6 Uses Allowed by Right.
23-3-150.C. Accessory Uses.
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.
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
Page 1 of 2
WELD COUNTY PLANNING DEPARTMENT
AStatit:IH
Ann Siron
Zoning Compliance Officer
918 10th St
Greeley, CO 80631
"Nip C Phone: 970-353-6100 x3566
FAX:970-304-6498
E-Mail: asiron@co.weld.co.us
COLORADO
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
To bring your property into compliance with the Weld County Code:
THE COMMERCIAL VEHICLES SHALL BE REDUCED TO ONE AND A ZONING PERMIT
FOR A COMMERCIAL VEHICLE (ZPCV) SHALL BE OBTAINED FOR THE REMAINING.
OTHERWISE ALL COMMERCIAL VEHICLES SHALL BE REMOVED FROM THE
PROPERTY.
ADDITIONALLY IT WAS NOTED DURING AN INSPECTION THAT A LARGE AMOUNT OF
WOOD, SEVERAL MATTRESSES AND POSSIBLY OTHER MISCELLANEOUS DEBRIS
WERE BEHIND THE HOME. THESE ITEMS SHALL BE REMOVED AS WELL.
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,
Ann Siron
Zoning Compliance Officer
pc: ZCV08-00039
Page 2 of 2
U.S. Postal Service,.
CERTIFIED MAILrh, RECEIPT
ru (Domestic Mail Only;No Insurance Coverage Provided)
HI
c0 F•r •elivery information visit•ur we•site at www.us•s.c•my
m ,
Postage $
~Certified Fee
Postmark
Return Recei Fee Here
(Endorsement Required)
• Res(Endorsement
Delivery Fee -
(EntltrlctedD Required)
Er-
Total Postage&Fees
Hi
Sent To L
rt. eat-[san
0 Street,Apt.No.; •c] or PO Box No. ' I � ALL),
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city,Stare.ZIP+4 , ) SC
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X Q�� �q /'�,_ n Agent
• Print your name and address on the reverse .,2 / L(//f+/l JIfCI<-t-t4f l ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of DelivQry
■ Attach this card to the back of the mailpiece, ., Q\'C\ CO.r`-s\ —7-11-010
or on the front if space permits. ❑
D.Weddi lattMlgielif ir€g<Drpaitihnif 'Yes
1. Article Addressed to: If YES,eAttetteya#n elow:
54-Oh Carl`xDn JUL 14 ?win
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3. !eEiiEL'Ls2i
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❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7007 1490 0004 7353 3812
(Transfer from service label) •
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
WELD COUNTY PLANNING DEPARTMENT
Ann Siron
Zoning Compliance Officer
918 10th St
'(it Greeley, CO 80631
"n C Phone: 970-353-6100 x3566
FAX:970-304-6498
E-Mailasiron@co.weld.co.us
COLORADO
June 04, 2008
CARLSON STELLA !/ ZE- ?_s
4705 WHITE SANDS ST
GREELEY, CO 80634 (.(?co(' /•
Case: ZCV08-00039
Legal Description: 1WHP7-30 L30 BLK7 WEST HILL-N-PARK 1ST FILING 1ST REPLAT
Dear: CARLSON STELLA :
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 2 Residential Zone Districts
23-3-150 R-5 (Mobile Home Residential) Zone District.
23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for
MOBILE HOMES USED for single-family residential occupancy. These areas are intended to
be located, designed and developed in compliance with Chapter 22 of this Code and the
MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to
accommodate nonresidential land uses that are both ACCESSORY to and compatible with
residential USES allowed by right in the Zone District.
23-3-150.6 Uses Allowed by Right.
23-3-150.C. Accessory Uses.
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 teh A (Agricultural) Zond District. A COMMERCIAL VEHICLE shall include,
but is not limited to, semi-tractors and trailers, dump trucks, construction equipment and tow
trucks. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a
DERELICT VEHICLE or be utilized as a storage unit, unless the use is allowed through the
zone district.
To bring your property into compliance with the Weld County Code:
THE COMMERCIAL VEHICLES SHALL BE REDUCED TO ONE AND A ZONING PERMIT
FOR A COMMERCIAL VEHICLE (ZPCV) SHALL BE OBTAINED FOR THE REMAINING.
OTHERWISE ALL COMMERCIAL VEHICLES SHALL BE REMOVED FROM THE
PROPERTY. AN APPLICATION HAS BEEN INCLUDED FOR YOUR CONVENIENCE.
Page 1 of 2
(it A.1;,N.\\
WELD COUNTY PLANNING DEPARTMENT
Ann Siron
Zoning Compliance Officer
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 x3566
O FAX:970-304-6498
E-Mail:asiron@co.weld.co.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
07/04/2008, 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,
Ann Siron
Zoning Compliance Officer
pc: ZCV08-00039
Page 2 of 2
C" 'ARTMENT OF PLANNING SERVICES
Compliance Division
flt
NORTH OFFICE at 918 10th Street
Greeley, CO 80631
Email Address: asiron@co.weld.co.us
Phone: 970-353-6100 x3566
Fax: 970-304-6498
• SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
COLORADO Phone: (720)652-4210, Ext 8730
VIJi Fax: (720)652-4211
February 01, 2008
Dt_ \ l C - ( .(' lC1 ( '-ItC,\I J
CARLSON STELLA
4705 WHITE SANDS ST 3lei DCA.\721 i 1 .CQC
GREELEY, CO 80634 ��
Legal Description: ZCV08-00039
1WHP7-30 L30 BLK7 WEST HILL-N-PARK 1ST FILING 1ST REPLAT
Dear CARLSON STELLA:
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:
THE PRESENCE OF TWO COMMERCIAL VEHICLES AND TRAILER.
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,
Cto tiA(A�
Ann Siron
Zoning Compliance Officer
pc: ZCV08-00039
Department of Planning Services
Bruce Barker, County Attorney
DE' ITMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
. c 918 10th Street
CO
Greeley, C 80631
Email Address: asiron@co.weld.co.us
Phone: 970-353-6100 x3566
Fax: 970-304-6498
iggig O SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
COLORADO Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
February 01, 2008
CARLSON STELLA
4705 WHITE SANDS ST
GREELEY, CO 80634
Legal Description: ZCV08-00039
1WHP7-30 L30 BLK7 WEST HILL-N-PARK 1ST FILING 1ST REPLAT
Dear CARLSON STELLA:
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:
THE PRESENCE OF TWO COMMERCIAL VEHICLES AND TRAILER.
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 Siro
Zoning Compliance icer
pc: ZCV08-00039
Department of Planning Services
Bruce Barker, County Attorney
= .\..:s`'.4„,
DEPARTMENT OF PLaN'NING SERVICES
i':ne SComn a'1 c a 'bloc`
WI I g C. Pi`lon 0. 1.8C-8108. Ex -a-0
o 0„ BilMs82.9a
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Ininated o - dUC:1_CtX5�/
IDON?N° CODE, COhC DNT i Sie[IMame0'"l0(-by C Cn,zen = Omer
EEA_CB DEPI;P_TUViEN 27. s Name:I`known,
• WELD COLT"Y SHERIFF'S OFFICE.' ANIMAL ;.OPyTROL Pnon!,N'rio (CKnowni
• BUILDING CODE .LOMIPL A NT
• PUBLIC WORKS /PEST 88 WEEDS
Date Complaint was recerveC 31-0g
Pendine Case # :.e. LISP_ RE. SE. c_:...
Legal Dea_riprron. L39 S/k 7 (Ai. /-41/-Al-- rk Pa:ee, C -alo- 3-/S-61
/5 Fain , l st'I,Qep/a ii-
.
Violation Address. �
Prop-m
' Owners Nance: ' II'-�1!-!'G' Phone:
Tenant's Name Pnone.
Tenan'N s Address
•
IN/CUTE OE COMPLAINT
-. ilnincna'. Noten-
Identify Results Page 1 of 1
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R2672786 Parcel#: 095926318012
i.a.ur�ss::.wturrmsu. s..:s,-r.ruo.mn.- am .. l.axu;s.a.xv.,,rxvsn�.•: ri.svr ss:..nkn�w:,•xn.a.ms an*r.:°•mxrrxrwrn-_xaec�s^rxmrn,-v r:.w•°re+raw,rrxtwn-t.::::a4.z w Yr._:.c,r:.:->:,c.o«+xu:Rr.vee .-v::.
Tax Area: 2820 Bordering County:
Acres: 0.1488
Township Range Section Ouart.Sec. Subdivison Name Block* Lot#
05 - 66 - 26 - 3 WEST HILL N PARK 1ST FG - 7- 30
K,.;°.. .K.as;:wr,�.Y.KW1%r_Ks•., :.t,tie.rr,.,s,,a K#%,ux__ti_....s.._ a a.,r,.wx.<x..,.,..m,msr .. _
Owners Name&Address: Property Address:
CARLSON STELLA Street:
4705 WHITE SANDS ST City:
GREELEY, CO 80634
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
4/23/2001 $0 QCN 2842578
Legal Description
1WHP7-30 L30 BLK7 WEST HILL-N-PARK 1ST FILING 1ST REP�AT
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units value
Mobile Home 1135 Site
Land Subtotal: $30,000 $2,390
No Buildings on Parcel
http://maps2.merrick.com/Website/Weld/setSgl.asp?emd=QUERY&DET=PP&pin=0959... 02/01/2008
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