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Home My WebLink About20083023.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV#0800253 AGAINST FIRST BAPTIST CHURCH OF WINDSOR, C/O TERRY BIRD 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, First Baptist Church of Windsor, c/o Terry Bird, ZCV#0800253, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 18th day of November, 2008, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, First Baptist Church of Windsor, c/o Terry Bird 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 First Baptist Church of Windsor, c/o Terry Bird 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. 2008-3023 PL0824 /1/1 ; fL, Vac- VIOLATIONS - ZCV#0800253 - FIRST BAPTIST CHURCH OF WINDSOR, C/O TERRY BIRD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of November, A.D., 2008. BOARD OF COUNTY COMMISSIONERS Elude/ " IL, , WELD COUNTY, COLORADO ATTEST: �� G ✓ O � William H. Jerke, Chair Weld County Clerk to th ' B I EXCUSED 11 Robert D. Mas e P em BY: / Deputy Clerer o the Board CA/ William F. Garcia APPROVED AS TO FORM: EXCUSED / � , ^ David E. Long S f(ptel o ty Att ney (U/ om' Douglas/Rademacher Date of signature: / 2008-3023 PL0824 Violation Summary Report BASIC INFORMATION FIRST BAPTIST CHURCH OF WINDSOK/O TERRY D BIRD WINDSOR, CO 80550 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV08-00253 Situs Address: 9477 HWY 392 Legal: 23372B PT S2SW4 15 6 67 LYING S & E OF GREAT WESTERN RR (1.11R .5RR) Location: Location NORTH OF AND ADJACENT TO HWY 392 AND APPROXIMATELY 1/4 MILE WEST OF CR 21 North SOME AGRICULTURAL ZONE DISTRICTS AND WINDSOR CITY LIMITS South SOME AGRICULTURAL ZONE DISTRICTS AND WINDSOR CITY LIMITS East SOME AGRICULTURAL ZONE DISTRICTS AND WINDSOR CITY LIMITS West WINDSOR CITY LIMITS Parcel Number: 080715000019-R1408586 Acreage: 1.50 Certified Mail Date: 10/28/2008 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. 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 distrcit 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. 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 damamged; 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. 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. 2008-3023 Vinlation Summary Report SCREENED: Construction and maintenance of fences, earth berms 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 THE NONCOMMERCIAL JUNKYARD SHALL BE COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY; OTHERWISE IT SHALL BE REMOVED OR RESTORED. SCREENING HAS FALLEN ON THE WEST SIDE, THE GATE ON THE EAST SIDE AND OTHER SPOTS THROUGHOUT. THIS IS A REOCCURING VIOLATION. RECOMMENDATION THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAT THIS CASE BE REFERRED TO THE COUNTY ATTORNEY'S OFFICE FOR IMMEDIATE LEGAL ACTION. LETTER HISTORY 09/16/2008 Complaint Validated 09/16/2008 LTTR: 5 Day Letter 09/23/2008 LTTR: Violation Notice 10/28/2008 LTTR: Hearing Notification OTHER CASE HISTORY 09/15/2008 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: FENCING AROUND NONCOMMERCIAL JUNKYARD FALLING DOWN. 10/27/2008 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: SCREENING AT GATE IS DOWN, ON THE WEST SIDE AND SEVERAL SPOTS THROUGHOUT HAVE FALLEN. WELD COUNTY PLANNING DEPARTMENT acc4H.Thie, Ann Sin Co mpliance Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 0-304-6498 E-Mail: n@co.weld.co.us COLORADO? October 28, 2008 FIRST BAPTIST CHURCH OF WINDSOR C/O TERRY D BIRD WINDSOR, CO 80550 Case: ZCV08-00253 Legal Description: 23372B PT S2SW4 15 6 67 LYING S & E OF GREAT WESTERN RR (1.11R .5RR) Dear FIRST BAPTIST CHURCH OF WINDSOR: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 11/18/2008 10:00 AM The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. 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 distrcit 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. 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 damamged; 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 2 WELD COUNTY PLANNING DEPARTMENT Ann Sin Co mpliance Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:E-Mail: asiron@co.weld.co.us s COLORADO 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. 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: THE NONCOMMERCIAL JUNKYARD SHALL BE *COMPLETELY* SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY; OTHERWISE IT SHALL BE REMOVED. SCREENING HAS FALLEN ON THE WEST SIDE, THE GATE ON THE EAST SIDE AND OTHER SPOTS THROUGHOUT. THIS IS A REOCCURING 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, Ann Siron Zoning Compliance Officer pc: ZCV08-00253 Page 2 of 2 U.S.Postal Service,. o CERTIFIED MAIL,. RECEIPT a (Domestic Mail Only;No Insurance Coverage Provided) ru F r•elivery inf rmati•n visit .urwe.slteet www.us•s.c.m, o- rn uT Postage $ pCertified Fee p Postmark Return Receipt Fee CI (Endorsement Required) Hera In Restricted Requirery e) - C_El (EndtritmenlRegyiree r-9 '-9 Total Postage&Fees $ Sent To -� birci Iti Street,Apt.No.; ly� I I '] or PO Box No. Cf J a 1 c, 1 z( /_/ City,sate.ZIPr4 1`111 ,111 IIIf `� V� 1.{ it'll /`fir, �1�' ceitx 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 O Agent • Print your name and address on the reverse ( ❑Addressee so that we can return the card to you. B. Receive y Prin d Name) C. Date 9fyiy.Ti • Attach this card to the back of the mailpiece, or on the front If space permits. (/� }� ❑Yes � /i7/ e N®l9 1. Article Addressed to: 1? If Sea i rie`s below: O No rsf &p-f-isfC/2ureh 47UIt T Try tai rrl NOV n 3?nnA 9g77 j3502 3. an/ED t 1 1 ST /'� ¶n/' C �P Certified Mail ❑Express Mail /i l. ( (J`J ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail O G.O.O. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 1160 0001 4539 2178 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 risotTh;N:\\ WELD COUNTY PLANNING DEPARTMENT Ann Sin Co mpliance Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:E-Mail:asiron@co.weld.co.us 970-304-6498 :asron@co.wed co.us COLORADO September 23, 2008 FIRST BAPTIST CHURCH OF WINDSOR C/O TERRY D BIRD WINDSOR, CO 80550 Case: ZCV08-00253 Legal Description: 233728 PT S2SW4 15 6 67 LYING S & E OF GREAT WESTERN RR (1.11R .5RR) Dear: FIRST BAPTIST CHURCH OF WINDSOR : 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. 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. 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 Page 1 of 2 6kto t WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St sip C Greeley, CO 80631 Phone: 0-3046498970-353-61 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us COLORADO . 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: THE NONCOMMERCIAL JUNKYARD SHALL BE *COMPLETELY* SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY; OTHERWISE IT SHALL BE REMOVED. 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 10/23/2008, 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, 6,/ (A (C ,c 711'1:LLi Ann Siron Zoning Compliance Officer pc: ZCV08-00253 Page 2 of 2 i;" WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 0-304-6498 E-Mail: as iron@co.weld.co.us n@co.weld.co.us COLORADO September 16, 2008 FIRST BAPTIST CHURCH OF WINDSOR O/O TERRY D BIRD WINDSOR, CO 80550 Case: ZCV08-00253 Legal Description: 23372B PT S2SW4 15 6 67 LYING S & E OF GREAT WESTERN RR (1.11R .5RR) Dear FIRST BAPTIST CHURCH OF WINDSOR: 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 FENCING AROUND THE "NONCOMMERCIAL JUNKYARD" IS IN A DILAPIDATED STATE AND SHALL BE RESTORED OR THE"NONCOMMERCIAL JUNKYARD" REMOVED. 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 Zoning Compliance Officer pc: ZCV08-00253 Page 1 of 1 4; k DEPARTMENT OF PLANNING SERVICES Code Compliance Division I918 10`" Street, Greeley, CO 80631 CPhone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 - COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: Z0 110Z-(i0)6E ZONING CODE COMPLAINT Staff/Name: 0 Citizen 0 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: %—��—(( Pending Case #(i.e. USR, RE, SE, ect...): Legal Description: ;)<jtL L/1 /6- — 7 Parcel#: OW) -(`1�q Violation Address: 69L/ 777 ( y -? 2 /. ),'/r/<c�- ((") hJJY) Property Owners Name: l ('I/y �t r r'�1 151 g t`l-"ylj_c1 1/7,/r ' /? Phone: Property Owners Address: Tenant's Name: Phone: Tenant's Address: • NATURE OF / // COMPLAINT: 4. i°t,/� / / �r L1 1 /(//[/JCS /V(1 I V Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1408586 Parcel#: 080715000019 55S 5 Tax Area: 0430 Bordering County: Acres: 2.39 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 06 - 67 - 15 - 0 - - Owners Name &Address: Property Address: FIRST BAPTIST CHURCH OF WINDSOR Street: 9477 392 HWY C/O TERRY D BIRD City: WELD 9477 HWY 392 WINDSOR, CO 80550 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description 23372B PT S2SW4 15 6 67 LYING S & E OF GREAT WESTERN RR (1.11R .5RR) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 2.39 Land Subtotal: 2.39 $143,400 $11,410 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $154,903 $12,330 Total Property Value $298,303 $23,740 Building Details Account#: R1408586 Parcel#: 080715000019 Owners Name&Address: Property Address: FIRST BAPTIST CHURCH OF WINDSOR Street: 9477 392 HWY C/O TERRY D BIRD City: WELD 9477 HWY 392 WINDSOR, CO 80550 Building# Property Type 1 Residential Individual Built As Detail Built As: Bi Level Year Built: 1979 http://maps2.merri ck.com/W ebsite/W e1d/setSq l.asp?cmd=QUERY&DET=PP&pin=08071... 9/16/2008 Identify Results Page 2 of 2 Exterior: Frame Hardboard HVAC: None Interior Finish: Drywall Built As SQ Ft: 1716 # of Baths: 2 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 2 Rooms: Units: 0 Garage: Attached SQ Ft: 840 Detached SQ Ft: Basement: Total SQ Ft: 702 Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=08071... 9/16/2008 Reco B 1028 REC 01964354 04/25/84 15:33 $3.00 1/001 AR1964354 F 0613 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO Rece lI LARRY ROBERT PARKER whose address is 1790 43rd Street, Greeley County of Weld ,and State of Colorado ,for the consideration of other valuable. - consideration and Ten and no/100 - - - - - - - - - Dollars,in hand paid, I hereby sell(s)and quit claim(s)to II D. I whoseTERRY addressBXRD and DOROTHY NAY BIRD, as joint tenants P. 0. Box 123, Windsor, Colorado 80550 County of Weld ,and State of Colorado ,the following real II I 1 property,in the County of WELD ,and State of Colorado,to wit: I II Lot Four (4). Block Twelve (12), Kern's Subdiviaion to the i Town of Windsor, Ii • it I I, Ii I I Ii I I I I also known as street and number 207 Oak Street, Windsor, Colorado; i i il with all its appurtenances and improvements thereto, subject to the 1979 taxes, F: payable in 1980. it Signed this ''.11th day of April 1 84.si I' Oa, -- • Il artyh..- -'05'‘,124/1,----- bert Parker I' • STATE OF COLORADO, 1 I 1}as- II County of WELD • Ii Thef-7egm instrument was acknowledged before me this II day of C /��; // /9ff;19wi ,by LARRY ROBERT PARKER. YYY - . 602 do . 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