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HomeMy WebLinkAbout20082719.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST LUIS MORALES 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,Luis Morales,ZCV#0800177, 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 14th day of October, 2008, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Luis Morales, 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 November 14, 2008, to allow adequate time for the property owner to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights-of-way to bring the subject 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#0800177 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Luis Morales 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 November 14, 2008, to allow adequate time for the property owner to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights-of-way. 2008-2719 PL0824 0 ', PL , Vioc-- %/-O3-e& VIOLATIONS - ZCV#0800177 - LUIS MORALES PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 14th day of October, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: j JU"f.%i E 14) - ��Nam H. Jerke, Chair Weld County Clerk to the B' r k ; USED ,-er tk `t bert GM�as Pro-Tem BY: Li,' Dep y Cle to the Boa . Wil F. Garcia _ r AP O D • l ��7 David E. Long o my Attorney EXCUSED Douglas Rademacher Date of signature: le(-D II C 2008-2719 PL0824 V' elation Summary Report BASIC INFORMATION MORALES LUIS 14956 HWY 52 FORT LUPTON, CO 80621 Tenant: Compliance Officer: Bethany Salzman Violation Number: ZCV08-00177 Situs Address: 14956 HWY 52 Legal: NE4SE4 4-1-66 LOT A REC EXEMPT RE-3751 (.92R) SITUS: 14956 52 HWY WELD 000000000 Location: Location South of and adjacent to Hwy 52 and within the IGA of Fort Lupton North Municipal boundaries of Fort Lupton and Agriculturally zoned properties South Agriculturally zoned properties East Agriculturally zoned properties West Agriculturally zoned properties, approximately 1/2 mile East of CR 29.5 and Municipal boundaries of Fort Lupton Parcel Number: 147104400082-R3114304 Acreage: 4.22 Certified Mail Date: 08/25/2008 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. 23-3-30.1 Noncommercial Junkyard. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. REMEDY 2008-2719 V' lIation Summary Rep^rt While a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES and miscellaneous debris is an allowed use in the Agricultural Zone District, it must be completely SCREENED from all adjacent properties and public rights-of-ways; otherwise, it shall be restored or removed from the property. Please be advised that the aspect regarding the presence of Commercial Vehicles has been closed for this violation. RECOMMENDATION The Department of Planning Services recommends this case be referred to the County Attorney's Office for immediate legal action. LETTER HISTORY 07/15/2008 Complaint Validated 07/15/2008 LTTR: 5 Day Letter 07/23/2008 LTTR: Violation Notice 08/25/2008 LTTR: Hearing Notification OTHER CASE HISTORY 07/10/2008 Property Inspected Upon a visual inspection of the property, the following items were noted: there appears to be several derelict vehicles and miscellaneous debris. There also appears to be multiple Commercial Vehicles. No pictures were taken during this inspection. 08/18/2008 E-Mail Received Received e-mail regarding commercial vehicles used only for agricultural purposes. I e-mailed back about the NCJY. 08/25/2008 Property Inspected Upon a visual inspection of the property, the following items were noted: numerous derelict vehicles still visible (more than 6). No pictures were taken during this inspection. 09/19/2008 Other Certified Receipt returned - UNCLAIMED 09/19/2008 E-Mail Sent I sent the Violation Hearing Notification letter(10/14/08) to maryluzhdaniel@yahoo.com (via e-mail). 09/19/2008 Other Ire-sent the Violation Hearing Notification via regular US Postal Service (not certified). 09/23/2008 E-Mail Sent I sent the Violation Hearing Notification letter(10/14/08) to chiquiafeliz@yahoo.com (via e-mail). WELD COUNTY PLANNING DEPARTMENT Bethany Salzman 14:Est Zoning Compliance Officer II 918 10th St Wp C Greeley, CO 80631 Phone 970-353-6100 X 3555 FAX: 970-304-6498 T ��-y ORLw � E-Mail: bsalzman@co.weld.co.us COLD August 25, 2008 MORALES LUIS 14956 HWY 52 FORT LUPTON, CO 80621 Case: ZCV08-00177 Legal Description: NE4SE4 4-1-66 LOT A REC EXEMPT RE-3751 (.92R) SITUS: 14956 52 HWY WELD 0000O0000 Dear MORALES LUIS: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: '0%7 f.2D08 :'-10.00 AM The above mentioned property remains in violation of the following Section(s)of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-1O3, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles.A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenants name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding Page 1 of 2 (tot (1 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone 970-353-6100 X 3555 FAX:AX: 970-304-6498 E-Mail: bsalzman@co.weld.co.us COLORADO uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: While a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES and miscellaneous debris is an allowed use in the Agricultural Zone District, it must be completely SCREENED from all adjacent properties and public rights-of-ways; otherwise, it shall be restored or removed from the property. Please be advised that the aspect regarding the presence of Commercial Vehicles has been closed for this violation. 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, Bethany Salzman Zoning Compliance Officer II pc: ZCV08-00177 Page 2 of 2 NN2, . z ill ; w M VING DEPARTMENT ._.-------- dry" a ;erII N MI ettd z 3555 `1 gQ1 i t: J,, N0 a �i = oeld.co.us COoa1Mn o o 'g O v V1J 1 � I.o �� • - Y,.� Z August 25, 20 = = ' 4 ,, 0 MORALES Ll! '�� ' U 14956HWY5, U FORT LUPTC. ,-R s C Case: ZCV08' o 0 smimmo 7. Legal Descrip', o NE4SE4 4-1-E -° 4: _ (ELD 000000000 <i9 Dear MORAI �— in o Z r ,,. '4% 0 i4 The property co } a. O ae scheduled a meeting with t J _ J it cn v O 0 cil to 2 — LL v The above me > �}� e Weld County Code: ce ^" La ;e4 Ca. til Chapter; 2 E Q Ii 23-3-20 2 't; W ID 23-3-30 z o u. c 7 23-3-30.1 a c c OCP LL , 'C al I 13 CI 0 DERELIC O z o o 'r4 pwn power); is partially c z N a U' �/ C. substantially damagec g > {Y ion 42-3-103, 42-3-138 I— o -v )ermanently attached s j ; proper equipmei It z m id rights-of-way or otherm o z ctions 42-4-202 to 42-2-2 I- 4140q , farm tractors or vehicle D • vC o ". Rio secondhand NONCOP p materials w . 3.8 oer metals, paper, ra 2i a) 4: IL JUNKYARD may also last or currently registerel This definition Does not incivae LAMIIIIVILM.A/-11_ V CITR.LLO. li upc[-vim .n01, t allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding Page 1 of 2 ralti).-;.Nr ,3\s\ WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St iggig Greeley, CO 80631 Phone: 970-353-6100 X 5 FAX:E-Mail: bsalzman@ o welds 7 o.us COLORADO August 25, 2008 MORALES LUIS 14956 HWY 52 FORT LUPTON, CO 80621 Case: ZCV08-00177 Legal Description: NE4SE4 4-1-66 LOT A REC EXEMPT RE-3751 (.92R) SITUS: 14956 52 HWY WELD 000000000 Dear MORALES LUIS: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding Page 1 of 2 j(rwt,s\s\ WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 5 FAX: 8 �^� ,� �-+�/^� E-Mail: welds o.us COLORADO uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: While a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES and miscellaneous debris is an allowed use in the Agricultural Zone District, it must be completely SCREENED from all adjacent properties and public rights-of-ways; otherwise, it shall be restored or removed from the property. Please be advised that the aspect regarding the presence of Commercial Vehicles has been closed for this violation. 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, Bethany Salz n� Zoning Compliance Officer II pc: ZCV08-00177 Page 2 of 2 Page I of 1 Bethany Salzman From: Bethany Salzman Sent: Monday, August 18, 2008 7:37 AM • To: 'Maryluz Hernandez de Daniel' Cc: chiquiafeliz@yahoo.com Subject: RE: Luis Morales My initial letter also spoke about derelict vehicles. When we initially spoke, I was not near a computer, so I can not recall if we discussed this aspect as well or not. There have been several that have accumulated fairly recently. All derelict vehicles must be completely screened from all adjacent properties and public rights-of-ways (fenced)or restored or removed from the property. Thank-you for responding regarding the Commercial Vehicles being used strictly for agricultural purposes. From: Maryluz Hernandez de Daniel [mailto:maryluzhdaniel@yahoo.com] Sent: Friday, August 15, 2008 4:52 PM To: Bethany Salzman Cc: chiquiafeliz@yahoo.com Subject: Luis Morales Dear Ms. Salzman, This email is to inform you that the trucks on the property 14956 Hwy 52, Fort Lupton, CO 80621, are used to transport food for the animals kept on the premises. Thank you, Luis Morales 8/22/2008 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St iggig C Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail:bsalzman@co.weld.co.us COLORADO July 23, 2008 MORALES LUIS 14956 HWY 52 FORT LUPTON, CO 80621 Case: ZCV08-00177 Legal Description: NE4SE4 4-1-66 LOT A REC EXEMPT RE-3751 (.92R) SITUS: 14956 52 HWY WELD 000000000 Dear: MORALES LUIS : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. 23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty(80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural)Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi-trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. Page 1 of 3 61, 47it;,..\\\\ WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I I 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: Om n 98 E-Mail:bsalzman@co.weld.co.us salz @coweldso.us COLORADO NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or second hand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: While a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES and miscellaneous debris is an allowed use in the Agricultural Zone District, it must be completely SCREENED from all adjacent properties and public rights-of-ways; otherwise, it shall be restored or removed from the property. Additionally, depending on the use, the presence of more than 1 (one) COMMERCIAL VEHICLE, would potentially require a Use by Special Review(USR) permit. Please call me to discuss the presence of these vehicles. Screening is not an option for Commercial Vehicles. 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 08/25/2008, 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. Page 2 of 3 teirlrH114er WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I I 918 10th St iglig Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:E-Mail:bsalzman@co.weld.co. ad.o.us COLORADO Sincerely, Bethany Salzman Zoning Compliance Officer II pc: ZCV08-00177 Page 3 of 3 rikt, { WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 hiDeFAX: 970-304-6498 E-Mail: bsalzman@co.weld.co.us COLORADO July 15, 2008 MORALES LUIS 14956 HWY 52 FORT LUPTON, CO 80621 Case: ZCV08-00177 Legal Description: NE4SE4 4-1-66 LOT A REC EXEMPT RE-3751 (.92R) SITUS: 14956 52 HWY WELD 000000000 Dear MORALES LUIS: 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: Page 1 of 3 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 0-304-6498 E-Mail:7b allzman@co.weld.co.us COLORADO While a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES and miscellaneous debris is an allowed use in the Agricultural Zone District, it must be completely SCREENED from all adjacent properties and public rights-of-ways; otherwise, it shall be restored or removed from the property. Additionally, the presence of more than 1 (one) COMMERCIAL VEHICLE, would potentially require a Use by Special Review (USR) permit. Please call me to discuss the presence of these vehicles. Screening is not an option for Commercial Vehicles. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural)Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi-trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. Page 2 of 3 .6 le WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 111111 C Phone: 970-353-6100 X 3555 FAX: 0-304-6498 E-Mail: allzman@co.weld.co.us COLORADO 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, B thany Salzma Zoning Compliance Officer II pc: ZCV08-00177 Page 3 of 3 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R3114304 Parcel#: 147104400082 teaSeaalett. Tax Area: 2232 Bordering County: Acres: 4.22 Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 01 - 66 - 04 -4 - - _:�.w /r.�.�P Owners Name &Address: Property Address: `" 0 eV MORALES LUIS Street: 14956 52 HWY 1 14956 HWY 52 City: WELD FORT LUPTON, CO 80621 '/J V"�`/�{\145/ __. _.. _...__.__ _...... .... _.. Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 6/25/2004 $246,000 WD 3194599 Legal Description NE4SE4 4-1-66 LOT A REC EXEMPT RE-3751 (.92R) SITUS: 14956 52 HWY WELD 000000000 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Measure Units Actual Value Value Agricultural 4147 Acres 4.22 Land Subtotal: 4.22 $70 $20 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Out Building 3 Out Building Improvements Subtotal: $155,165 $13,210 Total Property Value $155,235 $13,230 Building Details Account#: R3114304 Parcel#: 147104400082 Owners Name&Address: Property Address: MORALES LUIS Street: 14956 52 HWY 14956 HWY 52 City: WELD FORT LUPTON, CO 80621 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1978 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1471O... 7/11/2008 Identify Results Page 2 of 2 Exterior: Frame Hardboard HVAC: Hot Water Baseboard Interior Finish: Drywall Built As SQ Ft: 960 # of Baths: 1 Roof Type: # of Bdrms: 2 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: 576 Basement: Total SQ Ft: 960 Finished SQ Ft: 860 Account#: R3114304 Parcel#: 147104400082 Owners Name &Address: Property Address: MORALES LUIS Street: 14956 52 HWY 14956 HWY 52 City: WELD FORT LUPTON, CO 80621 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1980 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 952 # 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#: R3114304 Parcel#: 147104400082 Owners Name &Address: Property Address: MORALES LUIS Street: 14956 52 HWY 14956 HWY 52 City: WELD FORT LUPTON, CO 80621 Building*/ Property Type 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1978 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 504 # 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/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1471O... 7/11/2008 DEPARTMENT OF PLANNING SERVICE.' ' Code Compliance Divisior C 918 10'" Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 354( Fax: (970) 304-649£ COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT ❑ Staff/Name: Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST& WEEDS Date Complaint was received: —1- 1—05i Pending Case#(i.e. USR, RE, SE,ect...): -r eacto Legal Description: U:t- QG 3151'1 1V Get'ct1 OP Unit Parcel#: O -k•- .D0-D8a Violation Address: kJ-M5(° Ow b � C Property Owners Name: 1rUE1tn 1�..' U.W Phone: Property Owners Address: 4 LL Q-cn 1 C.o carat V Tenant's Name: Phone: Tenant's Address: • _ - NATURE OF COMPLAINT: (� ,� `CVtrQ_C(A ali Ve.Vhcie.o LiZLI • Additional Notes: 1111111111111111111111111111111111P 111111!!1111111 1 1 of 1 R 6.00 0 24.60 Steve Moreno Clerk&Recorder WARRANTY DEED THIS DEED, Made this 25th day of June , 2004, between Rick G. Foster and Pamela J. Bland of the County of Weld and State of Colorado grantor,and Luis Morales whose legal address is 14956 Highway 52, Fort Lupton, CO 80621 of the County of Weld and State of Colorado .grantee: WITNESSETII,That the grantor.for and in consideration of the sum of TWO HUNDRED FORTY SIX THOUSAND AND NO/100 DOLLARS.($246,000.00 ), the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain.sell,convey and confirm,unto the grantee,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 A of Recorded Exemption No. 1471-1-4-RE-3751 (should read 1471-4-4-RE-3751) , recorded June 10, 2004 at Reception No. 3188380, being a part of the following described property: The Northeast Quarter of the Southeast Quarter of Section 4, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado also known by.street and number as 14956 Highway 52, Fort Lupton, Colorado 80621 TOGETHER with all and singular the hereditaments and appurenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders rents,issues and profits thereof.and all the estate,right,title,interest, claim and demand whatsoever of the grantor,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,his heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant bargain and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed, has good, sure,perfect, absolute and indefeasible estate of inheritance, in law, in fee simple.and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grunts.bargains,sales, liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature soever,except for taxes for the current year,a lien but not yet due and payable,and those specific Exceptions described by reference to recorded documents as reflected In the Title Documents accepted by Buyer in accordance with section ea[Title Review],of the contract dated June 9, 2004 ,between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargainedpretnlses in the quiet and peaceable posses- sion of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall he applicable to all genders. IN WITNESS WHEREOF.the grantor has executed this deed on the date set forth above. Rick G. Foster Pamela J. Bay d I I— STATE OF COLORADO )ss. COUNTY OP ADAMS ET L. 2004 by The foregoing ins se ed before me this 25th tray of June Rick G. Fost trliqglaef . Bland ii :s My Commission ex fl ,1€..+ 7 fitness my and an u:ial seal, 6FrOl.. Notary Public !➢Crass:.:,,,.., .. �:ggppi Margo t L. 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