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Home My WebLink About20081695.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV#0800041 AGAINST ROBERT AND CAROLINE WELTER 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, Robert and Caroline Welter, ZCV#0800041, 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 17th day of June, 2008, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Robert and Caroline Welter were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to continue said matter until July 8,2008,to allow adequate time for staff to notify the property owners of the violation hearing date. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0800041 be, and hereby is, continued until July 8, 2008 to allow adequate time for staff to notify the property owners of the violation hearing date. 2008-1695 PL0824 06 �aL Vi0L, O1 -91-Dr VIOLATIONS - ZCV#0800041 - ROBERT AND CAROLINE WELTER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of June, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ELI/ '�L��"' /�� illiam H. Jerke, Chair Weld County Clerk to the .- A EXCUSED V Roberti. Masden, PratTem Deputy Clerk o the Board Willi F. Garcia ,,, ORM: • avid E. Long unty Attorney 9 \ X47' oug as6 \4ademacher Date of signature: O6/awied' 2008-1695 PL0824 Violation Summary Report BASIC INFORMATION WELTER ROBERT& CAROLINE 4610 GRAND CANYON GREELEY, CO 80634 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV08-00041 Situs Address: Legal: 2HP7-21 L20-21 BLK 7 HILL-N-PARK 2ND FILING Location: Location North of and adjacent to 49th Street and East of and adjacent to 47th Avenue North Evans city limits, some Agriculture and zone districts South Evans city limits, some Agriculture and Estate zone districts East Evans city limits, some Agriculture zone districts West Evans city limits, some Agriculture and Estate zone districts Parcel Number: 095926407013-R0004888 Acreage: 0.37 Certified Mail Date: 05/19/2008 Currently the property is in violation of: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.6 Uses Allowed by Right. 23-3-150.C. Accessory Uses. Sec. 23-3-150. D Uses by Special Review. 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 42-4-20; 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. REMEDY THE NONCOMMERCIAL JUNKYARD CONSISTING OF SEVERAL DERELICT VEHICLES SHALL BE RESTORED OR REMOVED FROM THE PROPERTY. BECAUSE THE PROPERTY IS ZONED R-5 (MOBILE HOME RESIDENTIAL) SCREENING DERELICT VEHICLES IS NOT AN OPTION. 2008-1695 Violation Summary Report RECOMMENDATION THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAT THIS CASE BE REFERRED TO THE COUNTY ATTORNEY'S OFFICE FOR IMMEDIATE LEGAL ACTION. LETTER HISTORY 01/31/2008 Complaint Validated 02/01/2008 LTTR: 5 Day Letter 02/14/2008 LTTR: Violation Notice 05/19/2008 LTTR: Hearing Notification OTHER CASE HISTORY 01/31/2008 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: SEVERAL DERELICT VEHICLES. 3+ 02/27/2008 Phone Call RECEIVED A PHONE CALL FROM CAROLINE WELTER SHE SAID THERE WAS A FORD TAURUS UP ON BLOCKS THAT THEY WERE LOOKING FOR A TRANSMISSION FOR. THERE WAS ALSO A DK. BLUE OLDER CAR WITHOUT PLATES. I ASKED THAT ONCE THE VEHICLES WERE EITHER REMOVED OR RESTORED TO PLEASE CALL FOR A FINAL INSPECTION. 03/06/2008 Phone Call CAROLYN WELTER CALLED AND SAID THAT SHE JUST WANTED TO GIVE ME AN UPDATE THAT THREE OF THE DERELICT CARS WILL BE REMOVED BY THE END OF NEXT WEEK. SHE APOLOGIZED THAT SHE WAS NOT AWARE THAT ONE OF THEM WAS IN DERELICT CONDITION BUT THAT THEY WERE WORKING ON THE PROBLEM AND WOULD CALL WHEN IN COMPLIANCE. eleate(fiC sisol47;\ WELD COON i Y PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St 11110 C Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 0-304-6498 E-Mail: COLORADO May 19, 2008 WELTER ROBERT & CAROLINE 4610 GRAND CANYON GREELEY, CO 80634 Case: ZCV08-00041 Legal Description: 2HP7-21 L20-21 BLK 7 HILL-N-PARK 2ND FILING Dear WELTER ROBERT & CAROLINE: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 06/17/2008 10:00 AM The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY fo MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. Sec. 23-3-150. D Uses by Special Review. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. Page 1 of 2 g„ ....... WELD COON I Y PLANNING DEPARTMENT Ann Siron Zoning Comp liance Officer 918 10th St Illig C Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:9 a- 3siron@co.weld.co.us 8 E-Mail: o.weld.co.us COLORADO To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF SEVERAL DERELICT VEHICLES SHALL BE RESTORED OR REMOVED FROM THE PROPERTY. BECAUSE THE PROPERTY IS ZONED R-5 (MOBILE HOME RESIDENTIAL) SCREENING DERELICT VEHICLES IS NOT AN OPTION. This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, a" SLA0vC* Ann Siron Zoning Compliance Officer pc: ZCV08-00041 Page 2 of 2 DEPARTMENT OF PLANNING SERVICES Compliance Divisior NORTH OFFICE 918 10th S Greeley, CO 80631631 Email Address: asiron@co.weld.coUE Phone Number: 970-353-6100 x356E Fax Number: EST970-OFFICE SOUTHWEST OFFICE 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 Fax: (720) 652-4211 February 14, 2008 WELTER ROBERT 4610 GRAND CANYON GREELEY, CO 80634 Legal Description: ZCV08-00041 2HP7-21 L20-21 BLK 7 HILL-N-PARK 2ND FILING Dear: WELTER ROBERT : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102,C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenants name. This defintion does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. To bring your property into rompliance with the Weld County Code: THE NONCOMMERC,L JUNKYARD CONSISTING OF SEVERAL ERELICT VEHICLES SHALL BE RESTORED OR REMOVED FROM THE PROPERTY. BECAUSE THE PROPERTY IS ZONED R-5 (MOBILE HOME RESIDENTIAL) SCREENING DERELICT VEHICLES IS NOT AN OPTION. 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 03/14/2008, 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 Attorneys 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, 7 n Jt Ann Siron Zoning Compliance Officer pc: ZCV08-00041 Department of Planning Services Bruce Barker, County Attorney DE 'RTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE rat ' 918 10th Street Greeley, CO 80631 Email Address: asiron@co.weld.co.co.us Phone: 970-353-6100 x3566 VIII es Fax: 970-304-6498 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 C OBADO Phone: (720) 652-4210, Ext 8730 Fax: (720)652-4211 February 01, 2008 WELTER ROBERT 4610 GRAND CANYON GREELEY, CO 80634 Legal Description: ZCV08-00041 2HP7-21 L20-21 BLK 7 HILL-N-PARK 2ND FILING Dear WELTER ROBERT: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the Weld County Code are as follow: THE PRESENCE OF A NONCOMMERCIAL JUNKYARD CONSISTING OF SEVERAL DERELICT VEHICLES. 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. Sincere Ann Siron Zoning Compliance Officer pc: ZCV08-00041 Department of Planning Services Bruce Barker, County Attorney 1-r sbeD VV, DEPARTMENT OF PLANNING SERVICES Code Comoltance Division 916 107 3tret, Greece'',,', CO 80631 Pnone. (9-'0. 333-6100, Ext. 3640 Fax: /970) 304-6496 • COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint initiated by: Zs-CU(YE"( \ i-JVAZONING CODE COMPLAINT t`" Staff/Name alitfre E C,nmer -Th Other IT HEALTH DEPARTMENT Der:s Name(If known 0 WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If knowmi D BUILDING CODE COMPLAINT PUBLIC WORDS /PEST& WEEDS Dare Complaint was received: I-.. /-08x Pending Case t (i.e.USE. RE, SE. ect...): (� Le mil D.s-ripnon: L�D —L)1, Ejlk7/ '11-A-1�y�ur4 ni# Parcel'4: 5/ -67�-4- D7-013 Violation Address: S/ /O �rc e,,,,„ Q., ca BCk,,/ Property Owners Name: gar/ Us,),(2//er Phone'. Propcny Owners Address: Tenanr s Name.. Phone: imam's Address:NATURE OF COMPLAINT j-f-1 O1-eAd ILA IL IJC/J L .r.ddnona_Noses: Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0004888 Parcel#: 095926407013 Tax Area: 2820 Bordering County: Acres: 0.7346 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 05 - 66 - 26 - 4 HILL N PARK 2ND FG - 7 - 20 . wx..::Diu,:.i_::vn�a as +mrun•...e�o-w«...wax.�n�ima»srrv,av:.w.w.r�.•.mma».q..r..i.•,,,a.a cairn.:x..werare1w w.wru.axavmce .. wa�mw.nu!.rm.:c.+cumsnr,;w-xwu...ra,e.::>ramxa:..• Owners Name &Address: Property Address: WELTER ROBERT JOHN & Street: 4610 GRAND CANYON HILL-N-PARK City: GREELEY,CO 80634 Additional Owners: WELTER CAROLYN PEARL Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description ff 2HP7-21 L20-21 BLK 7 HILL-N-PARK 2ND FILING Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Site Land Subtotal: $45,000 $3,580 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0959... 02/01/2008 Ah ul3C1Umi - £U L tlGb. UL'U. ZSU II/20/85 15:02 $3.00 1/001 F 1372 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO .'e O c�-`WWa argty6Deed THIS DEED is a conveyance of the real property described below,including any improvements and other appurtenances(the "property")from theindividualls),corporationfa),partnership(s),or other entity lies)named below as GRANTOR to the Individual(a) or entity(ies)named below as GRANTEE. Inc GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the tine to the properly. except for(1)the lien of the general properly taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-way shown o1 record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5) any protective covenants and restrictions shown of record,and 16)any additional matters shown below under"Additional Warranty Exceptions". The Specific Terms of This Deed Are: Grantor (Give neme(s)and placers)of residence:Il the spouse of ha owner-grantor a j Inning in this Deed torelease homestead rights,identity grantor:,as husband and wife.) HILL N-PARK,INC. F O BOX 929 GREELEY, COLORADO 80632 Grantee: is be nemelsl and adoresslesl:sletemen I of ado rocs.wcwaing mailable rood or Si reel number,is reeWred,l ROBERT J WELTER AND CAROLYN P. WELTER 4610 Grand Canyon Greeley, Colorado 80634 Fornr of Co-Ownership: pnnere am two or more pear llees named,They sir oe considered l o lobe as tenants in common unless the words-in feint tenancy"or words or tnr same meaning are added m the apace bdow.l Property Description: Include County are start) LOT TWENTY-ONE (21) , BLOCK SFVEN (7) , HILL-N-PARK SECOND FILING, A subdivision being a rart of the south-one-half (51) of Section Twenty-six (26) Township 5 North(T5N) . Range Sixty-six west of the 6th Principal Meridian. - State Documentary Fee Dote NOV 2 0 19$5 so PropertyAddress: 4610 Grand Canyon, Greeley, Colorado 80634 Consideration: (The Outemenf of a ddnar amounte optional:aecvuste consideration for this deed Cool be presumed unless plrs conveyance is identified as a gilt in any case tors conveyance is etsolme.anal and unconditional.) OTHER GOOD AND VALUABLE CONSIDERATION AND TEN DOLLARS Reservations-Reatdctiona: Or GRANTOR intends to reserve any interest in the peopeny orlpcowry lessman heowns,ori theGRANTOR is restricting the GRANTEE'S right in the progeny make apprpp'ale,n Except for the lien of General property taxes for d1p9�8 due and payable in 1965, and any easements, rights-of-way, and protective covenants and restrictions now of record, and the assessments of the Fill-N-Park 2 Sanitation District for 1985; Seller reserves all oil & bas rights. Atll`onal'er anly-Exceptions: (include Seeds of trust being assumed and other matters net covered above.) .....c gr= o' o 1 p c ERa1leddp!ne_t`Matdr '..ys5� .19 85 . lure Coe rpoallO ,ya,tnenhlp or AsaxLlbrc Signature Clause tar Indialdusi(a(: — — •7 the last acting o sr' !Co}' 'on,Partner: ls Assocuion Grantor .'O .. '1rL r o 5. ..:' By, - un Grantor By me E L v arum d - Gramm ohn L. p STATE OF COLORADO QD jQ COUNTY OF Weld ss' t -,,•'Q1 ,......,•J1f-'•. J The,orepoing,ns,rymenl was acxnowled ed before me tn., 18th a.•' 33,, .. .,'. . s oar of NovembeY,a. ,t9.8,Ss� ey-Roya rLr�undvaqll, Elmer E Lundvall and John L Shupe as w.:6(Aiffee i#4?..- :1 wrtr ai Tynolgeom2aestors of Hill-N-Park,Inc. e "_ ,-,a3 My commission expires: p ,/i>TM c • ;V25:7-qt �_ "'rte MY CDmlz s3cr Ex Irda April 20, 1989 Maurypi°si STATE OF COUNTY OF Ss. y_..7il The foregoing motormen,was acenowledgeo Derore me MI day of ✓3�� ey' C name nd rdual Gmnlor)sl or IGrantor's Corporafpn.PannMelioorAU0.ietan nenicentilysignenaspfewdentorMttpresrdemaMXt(Nrygr easiatant secretary of corporation:or as partnerlal of partnership:or as JWnor¢ed membe?(s)of auoeation.) WITNESS my hand and official seal. My commission expires: Nolan PutAlc • e lea,UPDATE LEGAL FORMS NO.20, P.O.Box sal5-Greery,Colorado S0S32 � J") 13031 356-Cad 7p0 111111111111111111I11111111II1111111111111111111111VIII 1 of 1 R 6.00 D 0.00 2002 J.A. Sulu" Tsukamoto QUITCLAIM DEED THIS DEED, made this N O42-rc,bQ\ '"1 , 2002 between Hill-N-Park, Inc.,of the County of Weld and State of Colorado,grantor(s), and Robert Welter,whose legal address is 4610 Grand Canyon,Greeley, CO 80634, of the County of Weld and State of Colorado,grantee. WITNESS,that the grantor, for and in consideration of$1.00, sold and QUITCLAIMED, and by these presents do remise, release, sell and QUITCLAIM unto the grantee(s), Robert Welter,his heirs, successors and assigns forever, all the right,title, interest, claim and demand which the grantor has, in and to the real property,together with improvements, if any,situate, lying and being in the County of Weld, State of Colorado, described as follows: 2HP-OL-B OUTLOT B REPLAT OF L22 BLK7 &OUTLOT B HILL-N-PARK 2ND FILING, COUNTY OF WELD,STATE OF COLORADO. Also known by parcel number: 0959-26-4-07-015. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right, title, interest and claim whatsoever,of the grantor, either in law or equity,to the only proper use,benefit and behove the grantee(s), Robert Welter, his heirs and assigns forever. Dated this / 1 — 7 , 2002. 16;Hill-N-Park,Inc. totuuniturofi, TlN 4i9e. ( F -,JCL L. CYA—(- C f SPRY Print Name and Title 3 1 \uyr 3 STATE OF COLORADO ) �gqe O`GO; � ��ilmoniCOUNTY OF WELD ) The foregoing instrument was acknowledged before me this N D\itrY4n A"1 , 2002 by 1-01^,rl L L. Sk1.&.l ., . Witness my hand and official seal. om My cmisrglfxplrfPiL PIPE • 3/2/2005 5 No Signature Hello