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Home My WebLink About20081020.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST KEVIN AND JEANIE COLEMAN 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, Kevin and Jeanie Coleman,VI#0400129,are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 8th day of April, 2008, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS,Kevin and Jeanie Coleman,property owners,were 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 July 8, 2008, to allow adequate time for the property owners to remove the business, or submit the appropriate permits 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 VI #0400129 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Kevin and Jeanie Coleman 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 July 8, 2008, to allow adequate time for the property owners to remove the business from the site, or submit the appropriate permits to bring the subject property into compliance. 2008-1020 PL0824 Pa /'L v(ot_ VIOLATIONS - VI #0400129 - KEVIN AND JEANIE COLEMAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of April, A.D., 2008. BOARD OF COUNTY COMMISSIONERS / 4 Elsa WELD COUNTY, COLORADO ATTEST: iledv 1 ✓4 � . _. 1..,-_, ,,,/,_,,,, • ' 1. x r •, --k am H. Jerke, Chair Weld County Clerk to the Board j 9\0r; < Roberil Drrt DD, aPro-Tem BY: bLd U� i�1 %�� // Dep Clerk the Board £11 i it William F. Garcia ROV A T EXCUSED David E. Long y Attorney ^��y, Douglas Rademac r Date of signature: Li I3l IUt 2008-1020 PL0824 Nation Summary Rep-rt BASIC INFORMATION COLEMAN KEVIN & JEANIE 20064 CACTUS DRIVE JOHNSTOWN, CO 80534-9335 Tenant: Compliance Officer: Bethany Salzman Violation Number: VI-0400129 Situs Address: 20064 CACTUS DR Legal: NA1-12 L12 BLK1 NORTHMOOR ACRES 20064 CACTUS DR WELD 00000 Location: Location North of and adjacent to CR 42 and East of and adjacent to CR 11 North Agriculture South Berthoud East Agriculture/Longs Peak Dairy (2000 head) West Berthoud Parcel Number: 106124301012-R4686786 Acreage: 1.80 Certified Mail Date: 02/28/2008 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.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. 23-3-40 Uses by special review 23-3-40.O HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not bE permitted to use the special review permit process to develop. REMEDY It has been brought to my attention that your Nonconforming Use (NCU-472) application has been denied. Therefore, the COMMERCIAL VEHICLES will need to be removed or appropriately permitted. As we discussed in the past, you are eligible to apply for a Zoning Permit for a Commercial Vehicle (ZPCV) application (which would allow you to maintain 1 Commercial Vehicle) or you would need to apply for a Use by Special Review (USR) application in order to maintain more than 1 Commercial Vehicle or all of the Commercial Vehicles will need to be removed from the property. RECOMMENDATION The Department of Planning Services recommends that this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 2008-1020 \ Nation Summary Rep - rt 04/26/2004 Complaint Validated 04/28/2004 LTTR: 5 Day Letter 02/17/2005 LTTR: Violation Notice 09/07/2007 LTTR: Violation Notice 01/21/2008 LTTR: Violation Notice 02/28/2008 LTTR: Hearing Notification OTHER CASE HISTORY 05/05/2004 Phone Call Ms. Jeanie Coleman called. She said that she had received my letter. She said that they have been there (a long with the trucks) since 1978. I explained that I was not sure of the date for a Nonconforming Use, but I would check into it and let her know. She said that she had put a call into their attorney, but he had not called them back yet. I told her that I would do some checking and could hopefully bring it up to staff Friday morning. I would try to call her back Friday afternoon. She gave me her work number (587-2660). She owns the business so it is fine to call her there. 02/16/2005 Property Inspected Upon a visual inspection of the property, the following items were noted: 1 semi trailer& a few pallets out back. Property appeared well maintained. No pictures were taken during this inspection. 09/11/2007 Phone Call Jeanie called (970)587-2011 or 970-587-2660 (daytime number). She said they had just received my letter and were confused. I explained that the last documentation I could find notified them that I had been unable to locate any NCU paperwork (that they claim to have sent in). She said that we had spoken on the phone and that I had advised her that I would call her if I couldn"t find them. I explained that I did not remember that conversation. She asked if that meant she had to dig through all her paperwork and re-find everything. I explained that if they still wanted to attempt to qualify as a NCU than yes. She said she would try to find everything and fax it into me. I explained that until she receives an actual CLOSE letter from me and a paper that states they actually qualify for a NCU (with a number on it), the violation will remain open. She said okay. 01/28/2008 Phone Call Kevin Coleman (970-371-0185) called. He asked what my letter was talking about. I explained that some time ago, his wife submitted a Nonconforming Use application. Jacqueline Hatch (Planner) processed the application and deemed that it did not meet the minimum requirements for a Nonconforming Use. I explained that she sent him a letter explaining this information. He stated that he never received a letter from her. I stated that I would re-send the letter tomorrow morning. He asked what that meant for him. I explained that he could either apply for a Use by Special Review permit (in order to keep more than 1 Commercial Vehicle -would require 2 public hearings) or he could apply for a Zoning Permit for a Commercial Vehicle for 1 Commercial Vehicle (no public hearing unless we receive 30% in opposition). He said he would wait to see what the letter stated and then get back to me one way or the other. 02/27/2008 Property Inspected Upon a visual inspection of the property, the following items were noted: at least 1 semi trailer(flat bed) was visible on the property. No pictures were taken during this inspection. PCPARTMENT OF PLANNING SERVICE Compliance Divisio (it (171;iONsi\ii NORTH OFFIC. 918 10th StreE Greeley, CO 806363 Email Address: bsalzman@co.weld.co.0 Phone Number: 720-652-4210 x 873 Fax Number: 720-652-421 SOUTHWEST OFFICE 4209 CR 24.; CcJIAJRAIXD Longmont, CO 8050' Phone: (720) 652-4210, Ext 873( February 28, 2008 COLEMAN KEVIN &JEANIE 20064 CACTUS DRIVE JOHNSTOWN, CO 80534-9335 Violation Number: VI-0400129 Legal Description: NA1-12 L12 BLK1 NORTHMOOR ACRES 20064 CACTUS DR WELD 00000 Dear COLEMAN KEVIN & JEANIE: 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.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. 23-3-40 Uses by special review 23-3-40.O HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: It has been brought to my attention that your Nonconforming Use (NCU-472) application has been denied. Therefore, the COMMERCIAL VEHICLES will need to be removed or appropriately permitted. As we discussed in the past, you are eligible to PCPARTMENT OF PLANNING SERVICE } Compliance Divisic NORTH OFFIC tilliftegigtarl 918 10th Strei Greeley, CO 806363 Email Address: bsalzman@co.weld.co.t.VIII 720-652-421 • Phone Number: 720-652-4210 x 873 Fax Number: SOUTHWESTF OFFICE 4209 O CMORADO Longmont, CO 8050, Phone: (720) 652-4210, Ext 873( apply for a Zoning Permit for a Commercial Vehicle (ZPCV) application (which would allow you to maintain 1 Commercial Vehicle) or you would need to apply for a Use by Special Review(USR) application in order to maintain more than 1 Commercial Vehicle or all of the Commercial Vehicles will need to be removed from the property. This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commisioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, Bethany Salzman ") Zoning Compliance Officer II pc: VI-0400129 Department of Planning Services Bruce Barker, County Attorney Vt.RostaIServlceTM CERTIFIED MAIL RECEIPT .ii (Domestic Mail.only;Wo Insurance:Voverage/Pmvids),- .4 S `Forbelivery information visit our websitestwww.usps come La .ru I RI :. Lri Postage $ m p Certified Fee l Postmark p Return Receipt Fee Here (Endorsement Required) D Hestricted Delivery Fee ru (Endorsement Required) 03 rl Total Postage&Fees , $ u O I oer To -c- • !t `V 1 n: `r.i„.., 1 c. . pe GtatF.y+ - -e -f. f • ;." ,ruee,MM 1'i ie elg.ki`.fp '1'.air • 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. v-f- / Agent • Print your name and address on the reverseis Addressee so that we can return the card to you. B. Received by(Printed Name) C. D to of Delivery • Attach this card to the back of the mailpiece, _ or on the front if space permits. 1. Article Addressed to: D. Is&WM FeeryiPtIffiliffignaniamS7,fNo If YES,ents lyhmE t)1r bebyl; o 11\1\AC\ t; -yt "tt,Ccktc ry-1 MAR 04 2008 3L.cav-1 Cac u.. ��\x_�y`^\l �-t�� , RECDDVED "l��C�', ��' 3. Service T C„.` ` )(Certified Mail ❑ Express Mail x_x 14_L-175C6 ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1820 0003 5225 4691 (Transfer from service label PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 D 1/4RTMENT OF PLANNING SERVICES i( Compliance Division NORTH OFFICE 918 10th Street lig`s• Greeley, CO 80631 Email Address: bsalzman@co.weld.co.us Phone Number: 720-652-4210 x 8739 Fax Number: 720-652-4211 � �-+� x7�1 + SOUTHWEST OFFICE 4209CR 24 5 COLORADO Longmont, CO 80504 Phone: (720)652-4210, Ext 8730 Fax: (720) 652-4211 January 21, 2008 COLEMAN KEVIN & JEANIE 20064 CACTUS DRIVE JOHNSTOWN, CO 80534-9335 Legal Description: VI-0400129 NA1-12 L12 BLK1 NORTHMOOR ACRES 20064 CACTUS DR WELD 00000 Dear: COLEMAN KEVIN & JEANIE : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. 23-3-40 Uses by special review 23-3-40.0 HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: It has been brought to my attention that your Nonconforming Use (NCU-472) application has been denied. Therefore, the COMMERCIAL VEHICLES will need to be removed or appropriately permitted. As we discussed in the past, you are eligible to apply for a Zoning Permit for a Commercial Vehicle (ZPCV) application (which would allow you to maintain 1 Commercial Vehicle) or you would need to apply for a Use by Special Review (USR) application in order to maintain more than 1 Commercial Vehicle or all of the Commercial Vehicles will need to be removed from the property. It is the intention of this off o assist and cooperate with you without h sing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 02/21/2008, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer II pc: VI-0400129 Department of Planning Services Bruce Barker, County Attorney v DL\ \z- DEPARTMENT OF PLANNING SERVICES Planning Division Fi SOUTHWEST OFFICE • �� 4209 CR 24.5 Woe LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 COLORADO FAX: (720)652-4211 jhatch@co.weld.co.us January 15, 2008 Mr. & Mrs. Coleman 20064 Cactus Drive Johnstown CO 80534 Dear Mr. & Mrs. Coleman: This letter is to inform you that the Department of Planning Services has determined that the trucking business was not constructed prior to 1972. Therefore, this use is not a non-conforming use. Evidence has been submitted to the Department of Planning Services demonstrating that the business has been in operations since 1977. In 1977 the Weld County Code allows in the "C" Commercial District a place for the conduct of any commercial or wholesale activity — not of an industrial or manufacturing nature. Therefore the trucking business should have been located on property zoned "C" Commercial. Non-conforming use number 472 for denial has been assigned to this property. Please retain this number for further reference. You may be eligible to apply for a Use by Special Review for a Home Business. The definition of a Home Business is as follows. Home Business: An incidental use to the principal permitted use for gainful employment of the family residing on the property, where: a. Such use is conducted primarily within a dwelling unit or accessory structure and principally carried on by the family resident therein. b. Such use is clearly incidental and secondary to the principal permitted use and shall not change the character thereof. Please call or stop in to discuss your options at this time. The Planner On Call hours in the Longmont Office are Monday through Thursday from 12:30-4:30 as a walk-in basis. If you have any further questions. You can contact me at the above address or call (720) 652-4210 ext 8730. Sincerely, Jacqueline Hatch Planner III Dr ikRTMENT OF PLANNING SERVICE; Cr\\\ Compliance Divisioi NORTH OFFICE 918 COhS Greeley, C 806363' Email Address: bsalzman@co.weld.co.u. C Phone Number: 720-652-4210 x 873! Fax Number: 720-652-421 SOUTHWEST OFFICE 4209 CR 24.E COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext 873C Fax: (720) 652-4211 September 07, 2007 COLEMAN KEVIN & JEANIE 20064 CACTUS DRIVE JOHNSTOWN, CO 80534-9335 Legal Description: VI-0400129 NA1-12 L12 BLK1 NORTHMOOR ACRES 20064 CACTUS DR WELD 00000 Dear: COLEMAN KEVIN & JEANIE : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currenly your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. For questions, I suggest you speak to one of our"On-Call" Planners. To better serve the public, we have 2 locations open. Our North office is located at 918 10th Street, Greeley, Colorado. At our North office, an "On-Call" Planner is available, Monday thru Thursday from 7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, an "On-Call" Planner is available Monday thru Thursday from 12:30 p.m. -4:30 p.m. You do not need to schedule an appointment, because individuals are seen on a sign in basis. Fridays are reserved by appointment only. To better serve you, please bring this letter with you. To bring your property into compliance with the Weld County Code: as we have previously discussed on at least 2 (two) separate occasions, our office is still not in receipt of the Nonconforming Use application which you have indicated that you have completed. Please see the enclosed NCU application in case you no longer have a copy. For questions, I suggest you speak to one of our planners. Please see information listed above regaring a planner on-call. It is the intention of this of to assist and cooperate with you without i Dsing undue hardhsips; however, we have no discretion in this matter if you fail to correct this vw,dtion. You have until 10/10/2007, 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, Bethany Salzman Zoning Compliance Officer II pc: VI-0400129 Department of Planning Services Bruce Barker, County Attorney NONCONFORMING USE OF LAND SUBMITTAL CHECKLIST ITEMS REQUIRED FOR SUBMITTAL: Original Nonconforming Structure Questionnaire. An 8-1/2 inch by 11 inch map drawn to include the following items. Boundary of property. Boundary of proposed Use. North arrow. Name of existing roads or highways abutting the property. Easements and/or rights-of-way (if applicable). Existing structures including: dwellings, mobile homes, outbuildings, pens, irrigations ditches, oil and gas well production facilities. Documentation substantiating longevity of the land. ***N0TE: There is no fee for this questionnaire. NONCONFORMING USE OR STRUCTURE: A USE or STRUCTURE that does not conform to a provision or requirement of this Chapter, but was lawfully established prior to the time of its applicability. (Weld County Code: Chapter 23, Article I, Section 23-1-90 "Definitions") DEPARTMENT OF PLANNING SERVICES Code Compliance Division I Website: WWW.CO.WELD.CO.US WI P E-mail Address: bsalzman@co.weld.co.us 918 10th Street, Greeley, CO 80631 I O Phone: (970)353-6100, Ext. 3555 Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE February 17, 2005 Mr. & Mrs. Kevin Coleman 20064 Cactus Drive Northmoor Acres Johnstown, CO 80534-9335 Subject: VI-0400129, Lot 12, Block 1, Northmoor Acres, Weld County, Colorado Dear Mr. & Mrs. Coleman: 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.D "Home Occupations." Section 23-3-40 "Uses by Special Review" Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." Chapter 23, Article VII(7) "Nonconforming Lots, Uses and Structures." Section 23-7-30 "Nonconforming uses of land." To bring your property into compliance with the Weld County Code: As I indicated in my letter dated January 28, 2005, while I understand you feel you can substantiate a "Nonconforming Use" of commercial vehicles being operated from your property since 1978, a "Nonconforming Use" application has not been received. For you convenience, I am again enclosing a "NCU" application. I do have some letters that you submitted back in June '04'. For questions, I would suggest that you speak to one of our "On-Call"Planners. We have 2(two)locations open to the public. Our main office is located at 918 10th Street, Greeley, Colorado. Where, we have an "on-call" planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00—4:00 p.m. Our other office (the Southwest Weld Office)is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m. — 4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. Mr.&Mrs.Coleman Page 2,VI-0400129 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 30 (thirty) days from February 17, 2005, 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, Bethany Salzman Zoning Compliance Officer pc: VI-0400129 Department of Planning Services Bruce Barker, County Attorney Weld County Department of Planning Services Wine Inspection Report • COLORADO 918 10«St Greeley,CO 80631 Date of Inspection: L� .- I C' -L' Permit/Case No.: \r'; 'C.L,F \(i Property Owner Name: i .CU._llW-1 `t V\(\ �r '` Address: - 2C_.lr}(L•2l l`,l�}t_(`, 1 ;art: Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: \r:. t1,.Q_C a \-Z_A.() ty A • pDe \v'c j ( Y"t_t f 110 t r ik r! Inspection by: Contact Name: Contact Phone Number:970-353-6100,Ext.3555 Copy of this inspection was: •� Pictures taken during inspection: O Yes XNo • - a DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Igoe Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 COLORADO January 28, 2005 Mr. & Mrs. Kevin Coleman 20064 Cactus Drive Northmoor Acres Johnstown, CO 80534-9335 Subject: VI-0400129, Lot 12, Block 1, Northmoor Acres, Weld County, Colorado Dear Mr. & Mrs. Coleman: First let me apologize for my outrageous delay in getting back in touch with you. On May 5,2004,you called in and indicated that you could substantiate that commercial trucks have been operated from your property since 1978. At that time,we discussed that I would discuss your case with staff and let you know how to proceed. For your convenience, I have included a"Nonconforming Use"(NCU)application. If you have questions while completing the NCU application, I would suggest that you speak to one of our"On-Call"Planners. We have to locations open to the public. Our main office is located at 918 10th Street, Greeley, Colorado. Where, we have an"on-call"planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00-4:00 p.m. Our other office (the Southwest Weld Office) is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m. -4:00 p.m., excluding 12:30- 1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salz Zoning Compliance Officer pc: VI-0400129 Department of Planning Services SERVICE.TEAMWORK,INTEGRITY,QUALITY June 1, 2004 5031 Yucca Court Northmoor Acres Johnstown, CO 80534 To Whom It May Concern: We moved into our new home in Northmoor Acres in 1975. In May of 1978 Kevin and Jeanne Coleman moved into the house at 20064 Cactus Drive in Northmoor Acres,just at the top of the cul-de-sac on which we live. From the first month the Colemans lived in Northmoor Acres, they have had different types of trucks (flat bed, dump, semi trailers, and other haulers) which were needed for their occupations, parked on their property. These trucks have always been parked behind their house or in the garage built for this use. As neighbors who live near Kevin and Jeanne, we have never had cause to complain to them or to the Northmoor Acres Homeowners Association about them. Sincerely, 4, Robert G. Hughes Ann M. Hughes Sef.e:.!uk, C rrr,•rrt 104{-: ]Sir S .H . .11.E C-1.—Cost of ;.:(Icds Sold rind/or Operations C.:..:i. Sc1 e.k.lt• C Instruct. :i� iur Fs i, Line 2) — ear's clial.Irt;!inve::tc, attach cr:pl;;.—.3t::: . I----1 .. :nve^fcri:..-,t. t:C; :Iltr„ pi)'t:<!r (.1 C:I(,{:'CII: ....... ..... .. j • I 2 0 Pura .ands I' • i withdrawn for :r3Cn31 use ( 2, ' b Cost a items f-Zi '?-: f.: . .tiO col indit:�:(_ ,,..,;:.::-..• :;:1 .:3 _vour5�li) . . . . o e . • .. . ,`_. _. .�____...- .._ 4 1.'lite.'iais and supplies' - • o - .. . . - . • . . • . ` 1 .'i l I —., J Other costs (3`.laCii sch!:nirle) e • • • • v • o ! I c. I »- I—___. ^',,Cit'.v ,_.l CnZ J �•'t:3: L—+. .. . • . . • e • . ..-. l —• — i 8 Cost,, eoc::s sold and/or operations i sibtrtci :inn 7 from lino.6). Entercit::re and on Part i. line ' t•.- I £ _ �••- -DJL- C-2.—Depreciation t.Sce Schedule C instructions for line 1.3) is yo....s need .:,:3r'? _-•:1::e. oleos,: use. Form 45.i_. t C:o'.r:ua,ron I t , I C•:.•:curio.-+ for i.. Cos cr a!; ^. :: allo•:.bip a r�utln;, ral_, :r:i5 a: .:c:.�:ror, a: property .:;u:ru.'. q mill::: L si: iii.rior cs:_ deDr:_:�::o:: a: F I 1 CO CO (=-) I (t) i, C;) -.$e,additional first—year depreciation (do not include in items helo:v)--- — I I -- :J:.._:Ce^rc(,iatici. I I i 1I I - ---- .!.. 'e:di:Clines ------ ----- i — -- I -- ------ ------ i ---- 7uraiters and fixtures. • . - 1. 1 — _—__--- — ----- .__—�— - -- - - - ------ -.I ;r:rl--:s:ior ceuipment . . --------- 1---- i--- t ----- - -_ , — .....:.:inerf slid cille: equipment . I•---_.---_ _•----- _•1----... ---------- ---I ----- i I '_ _ -- _r. •— C s 1." • =-- . .I.- - -----_. I. w 1 ._ I i r , I 7- ';orals j{ , in Schedule C—.'. . . • .. . . . . . . . . . . . • C I ,:.pr.'c:sticn claimed 1 5 ?slance(subtract line 4 from line 3). Enter here and on Part Ti. line 13 -- 2CJLE —E;;pense Account f-nfornaion (See Schedule C Instructions for Schedule C-2` `''�� y-J V;,r .nu and your live highest paid employees. in dotcrrnin:ng the five n:�nec — 1;;t!' .:.iormvf tC i i'tGttii `+��' r'r;;i:_' C.fi'1�;`J;/CC5. �-�•L L�:�L:;;r:C� s"G":1�C i,:iOWunCCs to the salaries and \�:a=•.. y , any cr-laoyCC io' venom the combined amour.: is less that; �,i::vc. 't:: provide the it;torti,:. icr: fu- • ._ toss .-..- ,^-, .7,7F!•r you:c:uei.de accctint alioviCnse plus line."+-r, pipe: 'It is oss than a-5,.t.... ..,.r�C, o-for '(:(�-st: it L'pease account I Salaries and ►ti'ai;es (a) (t?s; Ciwne: I I .. .•5 I v -- . I Yes I No. you claims deduction for expenses connected with: I�I \A Entertainment facility (Coat, rese!'t, ranch, etc)? Living accommodations(except employees on business)? r' Employees' at conventions or ri.f_L'till,': ..? j •/i� If "Yes,"were any of these ccrlvellticn3 or ineetinPs outride the U.S.or its possessions? (see page 26 of Instructions.). I =,._-_ 1 _moo E. tions fe.r eri-.t',ip',('e5 or t'.CI' i..;:ii:I' not rel.'Cited on Form /'/ r.-- . •• . .. ..., .:1::r.t::.3 c.r:Cl :.a r-..>?6.3.314 ...)i l t6. j t/ EC°'4[TY AGREEMENT AND FINANrcNG STATEMENT s r a 19 /SA-Yi i7 fi-Ja:n $ !�/- T / r� RALLY IF MORE THAN ONE) PROMISES TO PAY TO THE ORDER OF THE JOHNSTOWN,-COLORADr. T THE BANKING HOUSE OF SAID BANK THE ;: ....2.. - g;�, _ DOLLARS rse0 PER CENT PER YEAR (365 DAY RECIPROCAL ACTUAL DAYS) 'AS FOLLOWS THE MAKERS AGREE TO PAY THIS NOTE IN EACH BEGINNING c. '441F • ON THE:ACCRUED.INTEREST ON THE DECLINING PRINCIPAL BALANCE !DUCTION OF PRINCIPAL. THE MAKERS RESERVE THE PRIVILEGE OF ANY PAYMENT DATE WITHOUT.PENALTY. I. -WAN PROCEEDS: $ 'p` v_ 2. Other"Charges: (Total) $ p $• $ ? r.3i 3: 3: - repot -Parlance 4 AMOyilt9 FFNM CED (No. I ar p f Iris No.,3j: $ att. 11 a € rw � .arrBE�(TOTf�L) $ -24M, -=b TOT L OFTAtMENTS: $ g ` M;t* -7, .AlsiNtJAt CENTAGE:RATE (365:Days) 'ar Credit Life and Disability insurance is not required. No charge is made for insurance and no insurance is provided unless the borrower signs;the appropriate statements below: I desire the insurance checked below: (Signature) Credit Life Insurance alone costing$ for the term of the credit. -ii Cradit;,ife land Disability:=Insuranceeosimg,z� for the term of the credit. S t-Li liPaP uarltavyirisurence. "ms'.Y;frj, unpaid balance may be paid at any time without penalty;provided that the Bank shall be paid a minimum Finance o-;''44 , � �i� y63� inclusive ofthe earned#Irarrce oharge � I -, - , r grg1 Yits Rat onieach'and'•eyejy-3nstalmentun aid after the .klapse of B[IK ey5 from tthhe dued tee thereeof. Maximum, $5.D0. " At the option o4 the holder the payment of all principal and interest due in accordance with the terms of this note will braeeeleta"Ed,s idysutt pnppip8t and interest shall be immediately due and payable without notice or demand, upon the x atailduFsdmietRf•an I fatha*lioxuifl§wuents,f0f default: (a) failure to pay any instalment of principal or interest when due,lb) ,w jeal ' to}d yegeQ3a lgikbrbfaith deems itself insecure; lc) default in the payment or performance.of any liability or `^undY'erta rhg'r^d*any'rtf'hhe"{unflersi®ried'-ortof any maker, endorser or guarantor of any liability or undertaking of any of the undersigned-to:the iholder;.4d) deeth,dissolution; termination of existence, insolvency, business failure, appointment of a receiver of any part of the property of,assignment for the benefit of creditors by, or the commencement of any proceedings ,,,under any batiMupteY or msnikency laws}iay or against,any maker,endorser or guarantor hereof. If not paid at maturity,this potarshall ceav*lltifeAVieear rmtereafat'th8^ongmal,annual percentage rate. Lsriy alepoSiits o*Ott4r=atiiipi} pt lane credited,by or due'from the holder to any maker,endorser or guarantor hereof •.ario:.anyaeEut7 1e5 K!t;laothersliff)pa Y maker, endorser or guarantor hereof in the.possession of the=.holder may at all 'times be held and treated es{:collateral security for the payment of this obligation. The:holder may apply or set off such 'Ydeposits'or°-Other sums against said liabilities at any time in case of makers,but only with respect to matured liabilities in the rasegfandorsarsar4tarantors _r surxk ki' �i istiourr Fae, tartgf the holder in exercising any right hereunder shall operate as a waiver-of such right or of s4arfy'�t3ae ,4-,ifen Mr,no'te di'aniaiver pn any one occasion shall not be construed as a bar to or waiver of any such right • anY�aebtu °cpa§Cr Every mak@r,endorser=and guarantor'•of this note waives presentment for payment and notice of dishonor,assents to any .extension or'postponement'of the„time off-payment or any other indulgence and/or to the addition or release of any other panty orpBrsop,„prlmeniiAkaraeconderilydiable. rT. 15 titi leeefii d all costs of collection and reasonable attorney% fee not exceeding 15% of the n or paid:by.the holderira.enfornineth1s note on-r'-fault. a r mdebtedness,iend any end ell liabilities,direct `=elute,contingent;due orto become.due,no ebtr xasg'p2 dte[as m=sar}5ttig ' "Qbl'gations"1.of the undersigned —=lersigned(hereafter sometimes call "Ddd,Wr')-santeio`thefhnif Isornsthrmstereafter Called "Secured Party")'a security --vistaed any and all additio aeaessiongand subst(i , ` G&efor-(hereafter sometimes-called"Collateral"): ________ — — t - -- .. . _.-----I \,:.:;1.1. r.... 00 o � o l m M e• I i co I I ot le to . p I i • . W_ 1.- I i %, n • W _-_.x,;,„..,014 W� U - 1 Q Z 3 .2., w I = E.' y: o j p� =` _ W o Ti U N I H ti W � s • Z U ;Y <O 30 N 0 f PURCHASER'S RECEIPT THE r'IRST NATIONAL BANK N? 42277 Johnstown, Coto. ?iebrvazy 24 78 82-260/1070 DRAWN ro THL—Ceus Truck sales— $ 17,437.68 DRDERDF •�W➢ `�113ih 'dlhfl.��Nti. I)i it' itiii 1 i .ilkluf 1 tl 11,,,IIIIIi� N p n, IHst ill' 4(ti i Nl,',f {� Illl�ll��ilNllit'I' Ii;;rt�'�I'uif.�i��: CASHIER'S CHECK CUSTOMER'S MEMO: f (I l P&R ._.,.f 6 r L . sUmarg - 402A I: LO 7018[0 2601: 099on96re L11. 3. LESS: Prepaid Finance Charge: $ 4. AMOUNT FINANCED (No. I & No. -2 minus--No 3): $ S.".FINANCE CHARGE (TOTAL) $ 41e -': a. Interest: o. 'i1 - b TOTAL OF PAYMENTS: $ ' 7.:-ANNUAL PERCENTAGE RATE!(365 Days) Credit Life.and Disability Insurance is not required. No charge is made for insurance and no insurance is provided..unless the borrower signs,the appropriate statement below:. . Idesirathe insurance checked below: ice" (Date) (Signature) qrf' f ' �" Credit life Insurance alone costing$ for the term of the credit. insurance costing$ for the term of the credit. bT:vvan;tirl+.:instlrance. -; ` , (Date) (Signature) Any unpamrd,igiglw may be Raid at any time without penalty;prnwded,that the Bank shall be paid a minimum Finance ,--Ckarg cdfA$` ' 'i' -nelugtye+aftheeamed finance charge. , "51'ha rb gm^ay''ai'e.a daJinpy' ngyt'ciiafge cf J, cell is pe ddllar_on,each.anil every instalment unpaid after the lapse of ten days from the due date thereof. Maximum, $5.00. At the option of the holder, the payment of all principal and interest due in accordance with the terms of this note will be=set₹Ieretad;arid.such;principal and 4nterest.thall be immediately due and payable without-notice or demand,upon_the riccutrencer`•ofaiiytot,the tsilowing events ot-default: (a)failure to.pay any,instalment of pemoipal:or interest when due; (b) =-a� vnen the Slderthereof+.id--ood faith deems.,itself.insecure; (c) default in'-the-paymentt or4 performance of any liability or undertakings of any of the undersigned or of any maker, endorser of guarantor of any liability or undertaking of any of the undersigned to the holder; (d) death, dissolution, termination of existence; insolvency, business>failure,appointment of receiver of any part of the property of,assignment for the benefit of creditors by,or the commencement of any proceedings under.sagybankruptey or.fnsolvency laws-by-or4yainst,2py real +endorser,or guarantor hereof.if not paid at maturity,this '<=`mole-shalkaontinue tobear-interest atxhe,or%glnal annual percentage rateu _ •Any,tlyposrts.ar,other,sums at'any,tima-areaited;2ry or due from•theNholder'to any;maicer;.endorser drguarentpr hereof - and any secutiiieshor other tirnperty-of anymaker, endorser or'guararttcYftaredf in-the possession.nf:thesholder'may at all times be held and treated as collateral security for the payment of this obligation. The holder may apply-onset off-such deposits or other sums against said liabilities,at any time in case of makers,but only with respectto matured liabilities in the case of endorsers orguarantors., : ' x SNodelsy or oMsaonan thepart of the holder In eKercising any nghtthereeundershafl;operafg aarfawerr`dfsueh,rtght or of =arty3ohefringtitbmder;this note.:A-,waiver on any none ouasion-=rhall not be cons¢Nechasa JS1bor,{y fver'd?any-such right'_ an4Ttrtetti dy on�tty utufaticcasion , a-_ _ Every maker, endorser and guarantor of this note waives presentment for payment and notice of2dishorlorrassenis to any extension orpostpanerdenti of the time of.payment or any other indulgence and/or to the.addition or r$ease-of,any other party or perso prima-sly-or seasnsdartlpihebla. i m Id 'toDhy'tttCn Bnd sreasppabie at" ^"?^a s xt ✓ ¢ Dfi the ,. Y.HaaBafllkli?t sn anTatTxirahisnof S't n 5 : ' .;ff.. ,,: i a>�Rd+-st$r tstldsAi'6 biltues;l 7 'a-+mgwaF�"�i(ua„or'�eo coroe+dae:+stow exts �ta„ ftar�i "'+eegtna'f4r V! obugatigbs.,)aof•#te, ode )• raaftersooletirrtes called r,t Fled"Seartrad� arpq kp -id ell additions, ga�j ry urt y mo silid' } r r i G , /: � cr a 7 $ \ \ bc N \ b \ � � A I \ : \ \ g . 1 . . # t ° � 2 ( �. . 2 -- / \ \ � fl1HtL i /\ � : 7 - \ \ § & 2 r 2 ' o \ / \ \ \ ` � \ { ! t \ 6cf, �� \ 0 } \ f ' ® \ � \ er I � .wig • : � _ # W xit1! - _-�- LIFFIJ STUrrs INsur1ANCb COMPANY OF .IERICA CEDAR RAPIDS, IOWA- CERTIF ICATE 11 U U J O , `'INSURED OBLIGOR: Kevin 1,. Cole: AGE: ADDRESS: P. C. Box 389, Johnstown, Colo. EFFECTIVE DATE 11-14-77 CREDITORThe First National Bank of Johnstowr- uEALERSHlP: SCHEDULE NOT ISSUED BEYOND AGE 65 TERM LIFE Insurance: (Benefit is Total Amount of Note) BENEFIT (MOS.) PREMIUM ® Decreasing Term $ 7,739.28 36 $ 162.52 D Joint Decreasing Term (Spouse's Name: "Age: ) $ $ ❑ Level Term $ $ Periodic Payment Plan (Show Payment and Repayment Dates) �'- t o $- to $ to $ to $ to Total DISABILITY Insurance (Benefit shown is Monthly Payment) la-Disability Retroactive to 1st day after days $ $ O Disability Beginning day (Elimination) $ $ 162.52 TOTAL PREMIUM $ THIS IS TO CERTIFY that the Insured Obligor and the spouse (if any) named above,are insured JOINTLY against the hazard of death and that the Insured Obligor is insured SINGLY against the hazard of total disability under the terms and conditions of a Creditors Group Joint Life and Disability Policy, issued to the Creditor Policyholder. JOINT LIFE INSURANCE (Insured Obligor and Spouse): This is JOINT decreasing life insurance coverage only and will pay only One death benefit. 1f a death benefit is paid as a result of the death of the Insured Obligor or the spouse, no insurance will thereafter be in effect under this Certificate. If the death of the Insured Obligor and the spouse occur simultaneously, ONE death benefit will be,paid-fm ie4tnsuredh ' '•_ nfy:' Y • r DECREASING LIFE: The Company promises to pay, upon receipt of the proof"of the feat i the above-warned-Obligor or spouse within the term of this certificate stated above, the amount of insurance then in force, provided that the amount of insurance shall at no time exceed the amount of unpaid indebtedness, which in no event shall exceed $10,000. The amount of insurance in force during the first month from the Effective Date shown above shall be the Original Amount of insurance specified above;there- after the amount of insurance in force shall be determined by progressively decreasing the Original Amount of Insurance by an equal reduction at the end of each policy month after the Effective Date, the amount of such monthly reduction to be determined by divid- ing the above Original Amount of Insurance by the number of months of the term of this certificate. LEVEL LIFE: The Company promises to pay, upon receipt of due proof of the death of the above named Insured Obligor only, within the term of this certificate stated below, the amount of insurance shown above in effect on date of death which in no event shall exceed$10,000. All proceeds payable as the result of the death of an Insured Obligor or spouse are payable to the Creditor. MONTHLY DISABILITY BENEFIT Insured Obligor Only (Spouse not covered) In the event that the Insured Obligor becomes totally disabled as the result of an injury or sickness as herein defined, and such total disability continues for more than the elimination period shown in the schedule, the Company will pay to the Creditor to be applied to,the extent of its interest toward satisfaction of such Obligors indebtedness to the said Creditor, a daily benefit calculated at the rate of 1/30th of the monthly Disability Benefit set forth in the schedule for the period of such Obligor shall continue so dis- abled and under the care and attendance of a physician other than himself, commencing with the day shown in the schedule, but in no event beyond the expiration of the Term set forth in such schedule. TOTAL DISABILITY DEFINED: If any Obligor while insured hereunder shall become wholly and continuously disabled during the term specified in the group certificate issued to such Obligor, as a result of Injury or Sickness, as defined herein,and is unable to gainfully perform the duties of his occupation, he shall be deemed to be totally disabled, provided, however, that after such disability has continued for twelve (12)consecutive months, he shall be deemed to be totally disabled if he is unable to gainfully perform the duties of any occupation for which he is reasonably qualified by education,training or experience. "INJURY" means bodily injury sustained directly and independently of all other causes and resulting from an accident occurring after the Effective Date and causing loss white the Certificate of Insurance is in force. Such injury must require regular treatment from a physician other than the Debtor. 18 K C J COLEMAN T2UCKING CO2 58 5 PO BOX 389 JOHNSTOWN CO PC534 1. 1 30 77 1 .30 16 i et`-`=k .r. ? t :'»7 .7.7 12 L _7 .• :'Y [S 4.yT{-'k'C C RY. V'L��1 � J L 'L 11C177 15=•3 ..1 7 1553 • 11C377 =100.00 ` • _ 1453 110477 71 .O6'. '11 CC..CC'. f` ' 494620— 1776 11C977 75«75;.., f £ 13C0 111077 N175•0917- . \32CR21: . 805 111477 ` 1,56-0" ; 773 11577 , 548 111777 70.:63' r?• 110•78,7 367 113277 5 wCrC- 1: 330. 112377 �l1,56-��. 0.41 172:. 112577 429.C6��4...-` 141 11, 112977 �4w5Ci'-/ 7. 136' 113077 `£�w63. .•`�` 128 : r.. 1 • • DIRECT c 0 2 5 ≤ ACCCJNT NUMBS INQUIRIES TO 11 1 30 77 f'F STATEMENT DATE .. .. 1 PAGE 0 t 777. , J -f Lt ' ° 1.9V / ; y/ ( ,» § IZ / \ \ . . .2 �z 2:/)71 /114.2 zz` / ° �°kle,1,74: C= ti Li �:w i '7 « . 21:1 ' 2\ .2,1C/e.% : Z J , : y y »: ° _yam« > 1,7/1.“ , 2 d 22 7 7 \ , ,z§ a �y ��«2 �a� , j/ y« �7 » 2 . :/ J« ,�»y;» . : . . z «2 m «z , «a v . ;J\w�2 , , ,« , 7 2 J^ ��®? +2�� y = «d �4 w ` , 2 .yz \ i© ' « z 114 v e 2 / « / J2 (--2„ / Inspection information Sheet VIOLATION: VI-0400129 STATUS: COMPLNT DESCRIPTION: Illegal trucking operation BASE INFORMATION: PARCEL NUMBER: 1061-24-3-01-012 LEGAL DESCRIPTION: NA1-12 L12 BLK1 NORTHMOOR ACRES %20064 CACTUS DR% SITUS: 20064 CACTUS DR WELD 00000 OWNER: COLEMAN KEVIN & JEANIE OCCUPANCY: LOCATION: 20064 Cactus Drive Northmoor Acres APP TYPE: VI CLASS CODE: VI-6 ZONING DIST: AGRI INSPECTIONS: Item: 00404 TELEPHONE CALL 05/05/2004 By: BJS Action: TEL Comments: Ms. Jeanie Coleman called. She said that she had received my letter. She said that they have been there(a long with the trucks) since 1978. I explained that I was not sure of the date for a Nonconforming Use,but I would check into it and let her know. She said that she had put a call into their attorney, but he had not called them back yet. I told her that I would do some checking and could hopefully bring it up to staff Friday morning. I would try to call her back Friday afternoon. She gave me her work number (587-2660). She owns the business so it is fine to call her there. Item: 00405 LETTER Item: 00400 SITE INSPECTION Item: 00406 OFFICE VISIT printed'.May 5,2004 form'.inspinfo DEPARTMENT OF PLANNING SERVICES ..,.....\ r . ,,,, , 6 ro tit c.fr: itw2) Code Compliance Division ill lige Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us COLORADO 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE May 17, 2004 Mr. & Mrs. Kevin Coleman 20064 Cactus Drive Northmoor Acres Johnstown, CO 80534-9335 Subject: VI-0400129, Lot 12, Block 1, Northmoor Acres, Weld County, Colorado Dear Mr. & Mrs. Coleman: The uses on the above described property are being considered as a zoning code vioiation 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 23-3-40 "Uses by special review." - Section 23-3-40.R "Any use permitted as a Use by Rioht. an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." • Chapter 23, Article VII "Nonconforming Lots, Uses and Structures." Section 23-7-30 "Nonconforming uses of land." To bring your property into compliance with the Weld County Code: I apologize for not getting back to you sooner. Staff has determined that additional information is necessary to make a determination on whether or not you would qualify as a"Nonconforming Use" (meaning 'grandfathered in'). Therefore, please see the enclosed "Nonconforming Use" application. For questions, I would suggest that you speak to one of our "On-Call" Planners. We have to locations open to the public. Our main office is located at 1555 N. 17`h Avenue, Greeley, Colorado. Where, we have an "on-call" planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00-4:00 p.m. Our other office(the Southwest Weld Office)is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m.-4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. Mr.&Mrs.Coieman Page 2,VI-0400129 • 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 30 (thirty)days from May 17,2004,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 Attorneys 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, Bethany Salzman Zoning Compliance Officer pc: VI-0400129 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES \� Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555 C. Fax: (970) 304-6498 COLORADO April 28, 2004 Mr. & Mrs. Kevin Coleman 20064 Cactus Drive Northmoor Acres Johnstown, CO 80534-9335 Subject: VI-0400129, Lot 12, Block 1, Northmoor Acres, Weld County, Colorado Dear Mr. & Mrs. Coleman: 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 with the Weld County Code is the presence of commercial vehicles (specifically, semi's and trailers/tankers). Within the boundaries of an "agriculturally" zoned subdivision, such as Northmoor Acres, at a minimum, a "Home Occupation" application is required. Please keep in mind that even a "Home Occupation" application, if approved, would only allow 1 (one) semi cab. Please contact me within five working days of the date of this letter to review these concerns with me. Fee! free to contact me at the above address. telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer pc: VI-0400129 Department of Planning Services SERVICE,TRAM WORK.INTEGRITY.QUALITY Identify Results Page 1 of 2 ia WELD COUNTY ASSESSOR p \ �- PROPERTY PROFILE Account#: R4686786 Parcel#:106124301012 Tax Area: 2371 Bordering County: Acres: 1.8 Township_Range-.Section Quart. Sec. Subdivison Name_Block#_Lot# 04 - 68 - 24 - 3 NORTHMOOR ACRES - 1 - 12 Owners Name&Address: Property Address: COLEMAN KEVIN L&JEANIE E Street: 20064 CACTUS DR WELD 20064 CACTUS DR City: WELD JOHNSTOWN, CO 80534-9335 Business/Complex: Sans Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description NA1-12 L12 BLK1 NORTHMOOR ACRES %20064 CACTUS DR% SITUS: 20064 CACTUS DR WELD 00000 Land Valuation Summa/ Land Type Abst Code Unit of Number of Assessed Actual Value yP Measure Units Value Residential 1112 Acres 1.8 Land Subtotal: 1.8 $66,960 $5,330 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building Improvements Subtotal: $179,080 $14,250 Total Property Value $246,040 $19,580 Building Details Account#: R4686786 Parcel#: 106124301012 Owners Naame &Address: Property Address: COLEMAN KEVIN L&JEANIE E Street: 20064 CACTUS DR WELD 20064 CACTUS DR City: WELD JOHNSTOWN, CO 80534-9335 Builtding# Property Type 1 Residential Individual Built As Detail Built As: Bi Level Year Built: 1972 Exterior: Frame Masonry Veneer HVAC: Forced Air http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=10612... 04/27/2004 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft 1362 # of Baths: 2 Roof Type: # of Bdrms: 2 Roof Cover: Composition Shingle # of Stories: 2 Rooms: 4 Units: 0 Garage: Attached SQ Ft: 648 Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4686786 Parcel#: 106124301012 Owners Name &Address: Property Address: COLEMAN KEVIN L&JEANIE E Street: 20064 CACTUS DR WELD 20064 CACTUS DR City: WELD JOHNSTOWN, CO 80534-9335 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1996 Exterior: Wood Frame Siding HVAC: None Interior Finish: Built As SQ Ft: 1480 # of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement:. 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