HomeMy WebLinkAbout20081434.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST HAROLD PLUNKETT 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, Harold Plunkett, ZCV#0701169, 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 13th day of May, 2008, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Harold Plunkett, 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 June 13, 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#0701169 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Harold Plunkett 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 June 13, 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.
2008-1434
PL0824
eo , t1/4 c_
O ---27 - O(2-
VIOLATIONS - ZCV#0701169 - HAROLD PLUNKETT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of May, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Wil • m H. Jerke, Chair
Weld County Clerk ti Shp,
RobertD. Masden, Pro-Tem
Deputy Clerk.". the Bo � � L
Willis Garcia
A M:
��� David E. Long
ounty Attorney
ougla Rademac r
Date of signature: °SAVOR
2008-1434
PL0824
Violation Summary Report
BASIC INFORMATION
PLUNKETT, HAROLD 9238 STEVENSON AVE CARR, CO 80612
Tenant:
Compliance Officer: Ann Siron
Violation Number: ZCV07-01169
Situs Address:
Legal: 24206 L4 BLKA CARR
Location: Location West of adjacent to 7th Street and directly South of CR
126 in the Unincorporated town of Carr
North Agricultural
South Agricultural
East Agricultural
West Agricultural
Parcel Number: 020127017003-R0074586 Acreage: 8.00
Certified Mail Date: 04/10/2008
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.
23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land
created under the provisions of Chapter 24, Article VIII of this Code.
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 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. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance
2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Wek
County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4)
23-3-40 Uses by special review
23-3-40.G JUNKYARDS or salvage YARDS.
Chapter 23, Article IV(4), Division 3 Mobile Homes and Manufactured Structures
23-4-130 No mobile home/manufactured structure may be located or relocated in the
County after August 25, 1981, except in accordance with this Division, including the
issuance of any zoning permit which may be required by this Section. Each mobile
home/manufactured structure located or relocated in the County after said date must have a
building permit for a mobile home/manufactured structured issued pursuant to Chapter 29 of
this Code. An application for any zoning or building permit for a mobile home/manufactured
2008-1434
Violation Summary Report
structure required by this Division shall include the following.
REMEDY
THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, CAMPERS, TRAILER;
TRUCK BOXES, METAL AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED, RESTORE[
OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC
RIGHTS-OF-WAY.
A USE BY SPECIAL REVIEW(USR)APPLICATION SHALL BE COMPLETED AND SUBMITTED FOR
COMMERCIAL JUNKYARD OR A LETTER SUBMITTED STATING IT IS NOT BEING USED IN THIS
MANNER. COMMERCIAL VEHICLES SHALL BE REDUCED TO ONE W/A ZONING PERMIT FOR A
COMMERCIAL VEHICLE.
A THIRD MOBILE HOME ON THE PROPERTY IS UNPERMITTED AND SHALL BE REMOVED.
THE CAMPER/TRAILER SHALL REMAIN UNOCCUPIED AND DISCONNECTED FROM ALL
UTILITIES AT ANY GIVEN TIME.
RECOMMENDATION
The Department of Planning Services requests that this case be referred to the County Attorney's office
but delay action for 90 days.
LETTER HISTORY
10/24/2007 Complaint Validated
10/24/2007 LTTR: 5 Day Letter
11/01/2007 LTTR: Violation Notice
11/14/2007 LTTR: Violation Notice
04/10/2008 LTTR: Hearing Notification
OTHER CASE HISTORY
11/02/2007 Phone Call SPOKE ON THE PHONE WITH ONE COMPLAINANT TO
GIVE UPDATE ON CASE AND RETURNED THE PHONE
CALL OF ANOTHER. NO ANSWER, MESSAGE LEFT.
04/09/2008 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE
FOLLOWING ITEMS WERE NOTED: THE
NONCOMMERCIAL JUNKYARD HAS STILL NOT BEE
COMPLETELY SCREENED. SOME SCREENING HAS
BEGUN TO TAKE PLACE ON THE WEST SIDE.
SEVERAL MOBILE HOMES REMAIN ON THE
PROPERTY AND CAMPER/TRAILER MAY STILL BE
OCCUPIED. COMMERCIAL VEHICLES ARE ALSO
STILL BEING STORED ON THE PROPERTY.
04/16/2008 Phone Call Mr. Plunkett"s wife called very upset. She said her
husband has several health issues, they have money
issues and everything take physical labor and money to
complete. She said her mother-in-law lives in the camper
and I explained that was not a use allowed. Her
mother-in-law also runs a semit truck and I told her that
the truck could stay but they would need a zoning permit
for a commercial vehicle and I would send her an
application. I told her that i could no longer grant any
additional extensions but to explain her situation to the
Board on the scheduled May 13th hearings.
DEPARTR T OF PLANNING SERVICES
(eit North Office
Code, Greeley,
eCO8 63n
918 10th Street, Greeley, C 80631
WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
Phone (970) 353-6100, Ext. 3566
C Fax (970) 304-6498
Southwest Office
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (720)652-4210, Ext. 8730
Fax: (720) 652-4211
April 14, 2008
Harold Plunkett
9238 Stevenson Ave
Carr, CO 80612
Subject: ZCV07-01169 24206 L4 BLKA CARR
Dear Mr. Plunkett:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on May 13, 2008 at 10:00 a.m., to consider the
violations occurring on the property. The above mentioned property remains in violation of the
following Section(s) of the Weld County Code:
Chapter 23, Article III, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right"
Section 23-3-20.A One (1) SINGLE-FAMILY DWELLING UNIT and AUXILIARY
QUARTERS per LEGAL LOT"
Section 23-3-30 "Accessory Uses"
Section 23-3-30.1 "Noncommercial Junkyard"
Section 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. (Weld County Codification
Ordinance 2000-1;Weld County Code Ordinance 2001-1;Weld County Code Ordinance
2002-9;Weld County Code Ordinance 2003-10;Weld County Code Ordinance 2006-2;
Weld County Code Ordinance 2006-4).
Section 23-3-40 "Uses by Special Review"
Section 23-3-40.G "JUNKYARDS or salvage YARDS"
Chapter 23, Article IV, Div 3 "Mobile Homes and Manufactured Structures"
Section 23-4-130 "Permit Requirements. No MOBILE HOME/MANUFACTURED
STRUCTURE may be located or relocated in the County after August 25, 1981, except
in accordance with this Division, including the issuance of any zoning permit which may
be required by this Section. Each MOBILE HOME/MANUFACTURED STRUCTURE
located or relocated in the County after said date must have a BUILDING permit for a
MOBILE HOME/MANU'0TURED STRUCTURE issued pursuant to r'-apter 29 of this
Code. An application fc,. Any zoning permit for a MOBIEL HOME/M. JFACTURED
STRUCTURE required by this Division shall include the following."
To bring the property into compliance:
The following items shall be addressed in order to bring the property into
compliance:
The Noncommercial Junkyard consisting of derelict vehicles, campers,trailers,
truck boxes,metal,wood,automobile parts,tires,trash and other miscellaneous
debris shall be removed, restored or completely screened from all adjacent
properties.
There are complaints that commercial activity is taking place on the property. A
Commercial Junkyard requires a Use by Special Review(USR)permit which shall
be completed and submitted to the Department of Planning Services. Otherwise
all commercial activity shall cease and a letter shall be submitted stating that you
are aware of the Code and commercial activity will not take place without a permit.
The number of commercial vehicles on the property (please see definition of a
COMMERCIAL VEHICLE below) shall be reduced to one or a Use by Special
Review shall be obtained. Screening commercial vehicles is not an option in the
Ag zone district.
The mobile homes shall be reduced to one or otherwise permitted through a
Zoning Permit for a Mobile Home(ZPMH).My records indicated no mobile homes,
other than the principal dwelling, have been permitted,which would require that
they be removed.
Please be aware that there are no provisions in the Weld County Code allowing
anyone to occupy a camper/trailer at any time. All camper/trailers shall remain
disconnected from all utilities at all times.
For questions regarding any of the above mentioned permits or application
process I suggest you speak to one of our"On-Call" Planners.To better serve the
public,we have two locations open. Our North office is located at 91810th 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.Neither
office will have a planner available on Fridays for walk-ins. To better serve you
please bring this letter with you.
DEFINITIONS
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.
COMMERCIAL JUNKYARD: An open or enclosed area where any waste, JUNK or
used or secondhand mr -ials are bought, sold, exchanged, stored, Hied, packed,
disassembled or hand's._ including but not limited to, scrap and iron J other
metals, paper, rags, rubber tires and bottles. A COMMERCIAL JUNKYARD also
includes the storage or keeping of DERELICT VEHICLES.
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.
COMMERCIAL VEHICLES: 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-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 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.
RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle
with or without flexible, removable or collapsible walls and partitions designed to be
used as a dwelling for travel, recreation or vacation USES. The term
RECREATIONAL VEHICLE shall include: motor home, camper bus and travel trailer,
but shall not include pickup trucks with camper shells that do not extend above the
cab of the truck. For the purpose of this Code, a RECREATIONAL VEHICLE shall be
subject to all requirements and restrictions for MOBILE HOMES as provided in this
Chapter when its placement is intended for nontransient residency. A
RECREATIONAL VEHICLE shall not be used for TEMPORARY Storage,
TEMPORARY ACCESSORY Farm USE, TEMPORARY ACCESSORY USE During a
Medical Hardship, TEMPORARY ACCESSORY USE as an OFFICE, or as a
Principal DWELLING UNIT.
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.
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 th. 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: ZCV07-01169
Department of Planning Services
Bruce Barker, County Attorney
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DEPARTMENT O. _PLANNING SERVICES
rat North Office
Code Compliance Division
918 10" Street, Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
Phone: (970) 353-6100, Ext. 3566
Fax: (970) 304-6498
Southwest Office
• 4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720)652-4210, Ext. 8730
Fax: (720)652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
January 2, 2008
Harold Plunkett
9238 Stevenson Ave
Carr, CO 80612
Subject: ZCV07-01169
24206 L4 BLKA CARR
Dear Mr. Plunkett:
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 Ill, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right"
Section 23-3-30 "Accessory uses"
Section 23-3-30.1 "Noncommercial Junkyard"
Section 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.(Weld County
Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code
Ordinance 2002-9:Weld County Code Ordinance 2003-10;Weld County Code Ordinance 2006-
2; Weld County Code Ordinance 2006-4).
Section 23-3-40 "Uses by Special Review"
Section 23-3-40.G "JUNKYARDS or salvage YARDS"
To bring your property into cot..,.iiance with the Weld County Code:
The following remedies shall be completed:
The Noncommercial Junkyard consisting of derelict vehicles,campers,trailers,truck boxes,metal and
other miscellaneous debris shall be removed, restored or completely screened from all adjacent
properties.
There are complaints that commercial activity is taking place on the property.A commercial Junkyard
requires a Use by Special Review(USR)permit shall be completed and submitted to the Department of
Planning Services.Otherwise all commercial activity shall cease and a letter shall be submitted stating
that you are aware of the Code and there commercial activity will not take place without a permit.
Additionally, the number of commercial vehicles on the property (please see definition of a
COMMERCIAL VEHICLE below)shall be reduced to one or a Use by Special Permit shall be obtained.
The mobile homes shall be reduced to one or otherwise permitted through a Zoning Permit for a
Mobile Home (ZPMH).
Please be aware that there are no provisions in the Weld County Code allowing anyone to occupy a
camper/trailer at any time.All camper/trailers shall remain disconnected from all utilities at all times.
For questions regarding the permits or application process I suggest you speak to one of our"On-
Call" Planners.To better serve the public,we have two 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.Neither office will have a planner available on Fridays fro walk-ins.To better serve you please
bring this letter with you.
DEFINITIONS
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.
COMMERCIAL JUNKYARD; An open or enclosed area where any waste,JUNK or
used or secondhand materials are bought,sold,exchanged, stored, baled, packed,
disassembled or handled, including but not limited to, scrap and iron and other
metals, paper, rags, rubber tires and bottles. A COMMERCIAL JUNKYARD also
includes the storage or keeping of DERLEICT VEHICLES.
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 in—,de implements of husbandry, farm track or vehicles
customarily operated in a FARMING operation.
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-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.
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.
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 120 days from
January 2, 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 helpful. 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: ZCV07-01169
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICE
Compliance Divisic
NORTH OFFIC
918 10th Stref
Greeley, CO 8063 Email Address: asiron@co.weld.co.0
aE Phone Number: 970-353-6100 x356
Fax Number 970-304-649
SOUTHWEST OFFICE
4209 CR 24.:
COLORADO RA] Longmont, CO 80504
Phone: (720)652-4210, Ext 873(
Fax: (720) 652-421'
November 01, 2007
PLUNKETT, HAROLD
9238 STEVENSON AVE
CARR, CO 80612
Legal Description: ZCV07-01169
24206 L4 BLKA CARR
Dear PLUNKETT, HAROLD :
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 III(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. (Weld
County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County
Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code
Ordinance 2006-2; Weld County Code Ordinance 2006-4)
23-3-40 Uses by special review
23-3-40.G JUNKYARDS or salvage YARDS.
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.
DERELICT VEHICLE vehicle that is inoperable (unable to mow der its own power); is
partially or totallydisniantled; has all or portions of its body work mi,,..,ng 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 defintion shall not include implements of husbandry, farm tractors or
vehicles customarily operated in a FARMING operation.
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-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.
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.
COMMERCIAL JUNKYARD: An open or enclosed area where any waste, JUNK or used or
secondhand materials are bought, sold
To bring your property into compliance with the Weld County Code:
THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES,
CAMPERS, TRAILERS, TRUCK BOXES, METAL AND OTHER MISCELLANEOUS
DEBRIS SHALL BE REMOVED, RESTORED OR COMPLETELY SCREENED FROM ALL
ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY.
A USE BY SPECIAL REVIEW (USR) APPLICATION SHALL BE COMPLETED AND
SUBMITTED FOR THE COMMERCIAL ACTIVITY TAKING PLACE ON THE PROPERTY
AND THE COMMERCIAL VEHICLES OR
ANY COMMERCIAL ACTIVITY SHALL CEASE AND COMMERCIAL VEHICLES SHALL
BE REDUCED TO ONE.
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
01/01/2008, 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,
CCIAH010
Ann Siron
Zoning Compliance Officer
pc: ZCV07-01169
Department of Planning Services
Bruce Barker, County Attorney
DE RTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
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
T Longmont, 80504
COLORADO
i�J Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
October 24, 2007
PLUNKETT, HAROLD
9238 STEVENSON AVE
CARR, CO 80612
Legal Description: ZCV07-01169
24206 L4 BLKA CARR
Dear PLUNKETT, HAROLD:
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:
NONCOMMERCIAL JUNKYARD CONSISTING OF SEVERAL DERELICT VEHICLES,
CAMPERS, TRAILERS, REFRIDGERATED TRUCK BOXES, SCRAP METAL,
COMMERCIAL VEHICLES AND OTHER MISCELLANEOUS DEBRIS.
ADDITIONALLY, THERE ARE CONCERNS OF A COMMERCIAL SALVAGE BUSINESS
BEING CONDUCTED ON-SITE WITHOUT THE PROPER USE BY SPECIAL REVIEW
(USR) PERMIT.
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: ZCV07-01169
Department of Planning Services
Bruce Barker, County Attorney
4O
tv ..s._
evil DEPARTMENT OF PLANNING SERVICES
Code Compliance Divisior
918 10' Street, Greeley, CO 80631
111 II D Ce Phone: (970) 353-6100, Ext. 354C
Fax: (970) 304-6498
COLORADO
Z,ONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated'by: zpp (1 -61iIII
VZONING CODE COMPLAINT = Staff/Name iczen ❑ Other
O HEALTH DEPARTMENT Citizer's Name(If known)
O WELD COUNTY SHERIFF'S OFFICE..'ANIMAL CONTROL Phone Number(If knowny
O BUILDING CODE CONTL AINT
• PUBLIC WORKS /PEST d.WEEDS
Date Complaint was received: /O-IF-67
Pending Case#(i.e.USE,.RE. SE, ect..): / '7 M
W
Legal Description: ,)4 20& 4, RIXA parr Parce r: OdZi "2 ( -C "17 - 33
Violation Address: �J,,/ / �i,�.�-
Property O�mers Name: jeC[/7 om��17 /o h�C'LC i �1 unf-e!l rhone:
Proper Owners Address: 9 al31 S*t/ izdoc 6iPre (t (JO 7, 1_,r,/,7
Tenant's Name: Phone:
Tenant's Address: �jt •
NATURE OF COMPLAINT. 0 Jeo 1- (/�17 J/
0 p Co�/TLia -i, /./L17Cch �.ALL A
-3 Old / ,b/ CrOr /w J ILLe, cp rn.F'7 J,
Pats._, Lit (ainizzd,,k coS.v rd
to
Additional Notes: 2 Pm? -z/c1
Identify Results Page 1 of 1
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0074586 Parcel#: 0201?7017003
SIA .rly.W.Asmrywn.,L,,29ulr-X',..: .=a..ca's.AKX-•^V..uv.-r.r.,:, x,wxraw-.. e.-.rr;. ax-ramssanrsn¢uxv��xv nmurun�x...r_z.muwasmr^sees:+semen: um :eo�css,
Tax Area: 0915 Bordering County:
Acres: 8.55
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
11 -67 -27 - 0 CARR -A-4
Mrb'14:Si?F:SUN tJU5:Ai)J3::A�UU]4tISiWICC1�B1'Y1HiF5tI:�1':MfiY'si+:4an)'f?'....WILA:rLLti'T.Y.ASKMXtla4.e.ta A2ASr.'.MIFk"i1.WMRA.Biw .+f,w,aeatm`:1w,
Owners Name&Address: Property Address:
THOMPSON JEAN W Street:
% PLUNKETT HAROLD City:
9238 STEVENSON AVE
CARR, CO 80612
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception#
4/22/1996 $11,000 WD 2487301
Legal Description
24206 L4 BLKA CARR
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Agricultural 4147 Acres 8.55
Land Subtotal: 8.55 $103 $30
No Buildings on Parcel
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=02O1... 10/19/2007
Identify Results Page 1 of 1
Mobile Home Valuation
Account#: M1045097 Parcel#: 020127017003
Owners Name &Address: Property Address:
DAWN SHARON Street: 9238 STEVENSON AV CARR
C/O PLUNKETT HAROLD City: CARR
9238 STEVENSON AVE
CARR, CO 80612
Business/Complex:
Legal Description
24206 IMPS ONLY MH L4 BLK A CARR MOBILE/MODULAR TITLE NO: 06M690910 SERIAL: FDR211469534MC YEAR: 1972 MAKE:
MC GREGOR SIZE: 14X74 9238 STEVENSON AV CARR 80612
Land Value $0 Land Assessed Value $0
Impr. Value $5,754 Impr. Assessed Value $460
Total Value $5,754 Total Assessed Value $460
Total Taxes: $55.22 Amount Due: $0.00
Tax Area: Bordering County:
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
11 - 67 - 27 - 0 CARR - A - 4
Acres:
Sq. Ft.:
Sale Price Sale Date Deed Type Reception #
$0
http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=ACCDET&acct=02012701700... 10/19/2007
Ann Siron
From: Bethany Salzman
Sent: Wednesday, October 17, 2007 4:27 PM
To: Ann Siron
Subject: FW: Online Code Complaint r
`
This is a North County Violation. Thanks —w�n pC��
‘Li -l9 -O-1
P.S. I have some history with Harold Plunkett. . .if you want to talk. . . '^nn * so*
Original Message
From: webmaster@co.weld.co.us [mailto:webmaster@co.weld.co.us]
Sent: Wednesday, October 17, 2007 4:30 PM d
To: Bethany Salzman
Cc: Ripley Casdorph
Subject: Online Code Complaint
Online Complaint submitted October 17, 2007
Name of Complainant: Sandra BillingNorris
Address of Complainant: 9284 S WCR 126 or Stevenson Avenue
Email Address: sandra.billings@state.co.us
Complainant Phone: 970-472-4309
Address of Alleged Violation: 6th and Stevenson Avenue
Nature of the Alleged Violation: Harold Plunkett is running his own salvage yard in the
town of Carr.
There are at least 8 non-running vehicles 8 campers, 4 large trailers Re: 2-3 old
refrigerated trk boxes, multiple sheds, and lots and lots of rusty and weather worn stuff
sitting around. A tractor/loader,Dark Blue Van,
a motor home, I don't believe run. It's a real eyesore and its getting worse. I've seen
lots people coming and going and big 18-wheel trucks pulling in and out of there recently
but not leaving with anything. For all I know they might be doing illegal dumping.
How are Your/Your Property Impacted by this Alleged Violation? I listed my property for
sale. I've had many interested parties and one
contract which I lost because of this. Monday, October 15th, John Stegner, New Era Realty
called to tell me that we lost another buyer do to this salvage pit on the west side of my
acreage.
My dog was attacked this summer by a coyote running from under one of their abandoned
vehicles. Obviously a good nesting spot and potential food source.
Where is Your Property in Relation to the Alleged Violation: My property is the next
acreage East of this pretentious violator. I don't know who actually owns this property
or the complete physical address. They do not receive delivered mail.
Have You Discussed Your Concerns With the Property Occupant? No. . The neighbor to the
North of the Plunket's, Marva Lacy and Dave Phipps have complained and the only remedy
offered to them was a partial fence which does not hide all the accumulated large truck
trailers that are now on this property.
If Not, Please Explain Why? No. Harold outwardly threatened my dogs life and made obscene
remarks to me about one of the boys who lives south of he and I. Harold is not a stable
individual. I'm afraid of him. My other neighbors believe Harold is involved in some
illegal activity. Much of his activity is done at odd hours. He has not been steadily
employed
this past year. I do not own a firearm, but I'm beginning to think about it for my own
1
protection.
Are You in a Subdivision Which has Covenants that Prohibit the Activity? Unsure
Have You Contacted the Homeowners Association? No
May we contact you? Yes
2
AW2442413 — 2497473 1552 P-1149 06/20/96 03:54P PG 1 OF 1 RBC DOC
Weld County CO Clerk & Recorder 6.00
DEED OF TRUST
• THIS DEED OF TRUST,Dated April 25, 1996 ,between
HAROLD A. PLUNKEIT and JESSICA K. PLUNKETT
the grantor herein,whose address is LOT 4, BLOCK A, TOWN OF CARR,
WEED COUNTY, OOIORA10 of the
*County of WELD and State of Colorado, and
the PUBLIC TRUSTEE of the County or City and County in which the propertydescnbed
below 0.situated,in the State of Colorado,
Kisses:
The grantor,to secure a promissory note or notes,hereinafter referred tom the singular,dated
• for the rota'principal sum of THIRTY FOUR THOUSAND SIX HUNDRED EIGHTY FIVE and 00/1005****
dollars.payable to the order of JEAN W. THOMPSON
the beneficiary herein,whose address is 1847 Valleyview Lane; Fort Collins, CO 80524
,after the date thereof,
with interest thereon from the dare thereof at the rate of twelve (12) percent per annum,principal and interest payable
in 474 equal monthly payments of $350.00 beginning Sept.1,1996 and continuing
on the first day of each month until the total principal and interest are paid.
does hemby grant and convey unto said Public Trustee the following described property,situate in the County
of Weld ,State of Colorado.to wit.
IL7f 4, Pd.00K A, TOWN OF CARR, WELD COUNTY, COLORADO
also known by street and number as
TO HAAT Ho)TO HOLD the same together withal]appurtenances.in nun menhekas.Tat in erne of default in the payment of said note veiny pan thereof or interest
thereon.or is the performance of any covenants hereinafter net forth,then upon the beneficiary mole holder)films north of election and demand for sale.aidPublic True[.
after advertising nonce of said ale weekly.for not this dub Curate-Xs,in somenewspaper of general circulation in said county.shallsellaidpeoperty in the mums provided
by law in erica at theume of filing aid notice and Mnaad,atpupublie memo for cash.at any proper place designated rote malice of sale.PM of them eneda of said sale said
Triune shell retain or pay firm all tees.charges and coma em all mnreys advanced for ina.insurance and assessments.von any pmt encumbrance.with interest thereon.and
pay the principal and imelemdm on said note.rendering the oerylalifay)unto the grantor:and alter the expiration of the time of redemption,ai011u at shallaame and
deliver to the purchaser a deed to the Pronely sold.The beneficiary mry pentane said property or any pan therm(at such salt.
The grantor coenann that at the one of debwry of these presents,he in wrath of said pommy in ice simple,and that said properly is free of encumbrances.tavern
iewrded easements and right of ways.
The grantor also covenants that he will keep all buildings insured with a company appmwd by the beneficiary for Mt endanendMmaenet In anamwm egos]to the unpaid
balance of said note wish loss payable to the beneficiary,will deliver a copy of to policy to the beneficiary and will pay all lees and assessments seems,said property and
amounts doe on priorenomMmmces.If panto.dull fail to pay insurance premium.uses or amounts due on prior encumbrance.the beneficiary may pay the same and all
amounts.shall become additional indebtedness due benumer:and m use of foreclosure.he will pay an aonryY be of
all expenses and all court costs.
Should the hen Ochry hereunder be made a'any to any coon iffeenng this deed of'rut or to thick.aid property the grantoragrees Oct all thrift costs and a u+moabk
ey attorn n tee pad by the beneficiary shall become additional mdebeedeess due hereunder:and the grantor does hereby release and waive all cleans in said property as a
Icmeand exemption or other eauptmn now or hereafter provided by law.
Iris Creed that in ave ofdefusk in proponent of and principal or'narthex abraeb of ay of the covenants herein,(ben said pasei Gleam hereby seemed and interest thereon
may at the option of the bereAmay become-and payabk at once.any thng m sail rote tole convey noawntwMuy and possession of said property will thereupon he
delivered to the beneficiary,and on balmy to deliver such possession we heefieivty dull he emitted no a wear for said property.who may be appoints by any court of
rollspe¢nt Iasidimion.
WMhall uM arin Ik eular number shall include the plural,the plural IMsogulu,sM use ofmY gender[NIP be applicable to all genders An oftMmvenants
herein shall be binding upon the aesµesne heat,persona]representatives.successors and assigns of the panics hereto.
Executed the dry ash year fi bgvn ��
027
ir
STATE OF COLORADO
County of ss.
'arsine,. ,.acww\y
k0
The foregoing instrument was acknowledged before me this �uJ�=L day of rr�aYP/G•�' -.LV" r ej :L ilk
b' ,Yttc 9 /cevlr,7l mild -y�ssaA /f' fithrhrear if" ,y all
My commission expires -y� Witness my hand and official s
NOTARY I Vi
UBLICj o,-'
rat in Denver,insert"City and-.
°P Cot.
mans W AYdnadPoaen Creating Newly Creased l4 Dmiµan II ItJStoe's.C.a.a)
IV0.923B.Rev.6-92. DIED OF TRUST(Public Trifle)whims'Due an Sala Clams �v
Bamford Pubtashang,1743 Warm St..Denver.CO 80202--(503)292-2500-694
Reception No. Recorder.
Recorded at o'clock
i WARRANTY DEED
I
THIS DEED,Made this 22nd day of April . 1996 ,between
LESLIE L. VANLOO
of the mid County of WELD and State of COLORADO ,grantor,and
,I JEAN N. THOMPSON
I! whose legal address Is 1847 VALLEY VIEW LANE 'OF I. 1U
FORT COLLINS, CO. 80524
of the said County of LARIHER and State of COLORADO ..grantee,
WITNESSETH,That the grantor for and in consideration of the sum of ELEVEN THOUSAND & 00/100
DOLLARS,the receipt and sufficiency of which is hereby
JI
acknowledged,has granted,bargained,sold and conveyed, and by these presents does grant,bargain,sell,convey and confirm,unto the
I; grantee. his heirs and assigns forever, all the reel property together with improvements, daily, situate. lying and being in the said
County of WELD and State of Colorado described as follows;
lI
q LOT 4, BLOCK A, TOWN OF CARR, WELD COUNTY, COLORADO
li
it
lI 2487301 B-1544 P-158 04/23/96 03:06P PG 1 OF 1 REC DOC
Weld County CO Clerk & Recorder 6.00 1.10
faelel
(0042
also known by street and number as:VACANT LAND, CARR, CO.
TOGETHER with all and singular the hereditament.andappurtenances thereto belonging,or in anywise appertaining,end the reversion
and reversions, remainder and remainders,tents,issues and profits thereof. and all the estate,right,title,interest,claim and demand what-
, of the grantor,either in law or equity,of,in and to the Move bargained premises,with the herediumenta and appmteaanues.
�I 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 ensading and delivery of these presents, he is well seized of the premixes 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 end convey the seme in manner and form ea aforesaid, and that the same are free and clear from all
former end other grants,bargains.sales,liens,taxes,aeseumeme,encumbrances and ramictima of whatever kind or nature loever,except
l GENERAL TAXES FOR 1996. PAYABLE IN 1997, AND EXCEPT
RESTRICTIONS; RESERVATIONS, RIGHTS OF WAY, AND EASEMENTS OF
!i RECORD, OR IN PLACE.
The grantor shall and will WARRANTY AND FOREVER DEFEND the above-bargained premixes in the quiet and peaceable poasemion
of the grantee,his heirs end assign.,against all and every person er persons lawfully claiming the whole or any put thereof. The singular
number shalt include the plural,the plural she 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.
LESLIE L. VANLOO •
H State of COLORADO ) ‘, F OFD- OOL y
County of WELD )
The foregoing instrument was acknowledged before me this 22nd day of April . 1996 .
by LESLIE L. VANLOO
My commissionespiree 01/31/99 . Witness my an Meier Ral.
i I. 'MCA
Notary Public
its.No.wren at...n Tab Winn,worded return set JEAN W. THOMPSON
Ne..NIA WARRANTY ova IFes Wsararaybk Reword) 1847 VALLEY VIEW LANE
Res.SM - FORT COLLINS, CO. 80524
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