HomeMy WebLinkAbout20081689.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST MILDRED SARCHET 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, Mildred Sarchet, ZCV#0800068, 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 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, Mildred Sarchet was not present or represented at said hearing, although all
parties were notified of said hearing by Department of Planning Services staff, and
WHEREAS, the Board 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 17, 2008, to allow adequate time for the tenant to remove the business 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#0800068 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Mildred Sarchet 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 17, 2008, to allow adequate time for the tenant to remove the
business to bring the subject property into compliance.
2008-1689
PL0824
00 • FL , j/iGL 07 7-Og
VIOLATIONS - ZCV#0800068 - MILDRED SARCHET
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
,aciT ', , ` WELD COUNTY, COLORADO
3
ATTEST: alt I ' \-: ktn' ` c2
j$5 a Willi em H. Jerke, Chair
Weld County Clerk to t t .-
/ ("""tr, EXCUSED -,
,( ;a I.; Robert . Masden Pro-Tem
BY: ' y A[d /v'
Deputy Clerk o the Board l L---
Willie F. Garcia
A7PRO D AS F \
Davi . Long
un y Attorney �0v
Douglas ademacher
Date of signature: S
2008-1689
PL0824
V` lation Summary Repr -t
BASIC INFORMATION
SARCHET MILDRED MAE LLC 300 CRESTRIDGE LANE LONGMONT, CO 80501
Tenant:
Compliance Officer: Bethany Salzman
Violation Number: ZCV08-00068
Situs Address: 10084 CR 28
Legal: PT NW4 35-3-67 LOT B REC EXEMPT RE-3668 (2.12R) SITUS: 10084 28
CR WELD 000000000
Location: Location South of and adjacent to CR 28 and West of and adjacent
toCR21.5
North Agriculturally zoned properties with minimal residential
uses
South Agriculturally zoned properties with minimal residential
uses
East Agriculturally zoned properties with minimal residential
uses
West Agriculturally zoned properties with minimal residential
uses
Parcel Number: 120935200040-R2992804 Acreage: 77.39
Certified Mail Date: 05/13/2008
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.
23-3-40 Uses by special review
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
The presence of more than 1 (one) COMMERCIAL VEHICLE requires additional Weld County Zoning
permits. Specifically a Use by Special Review(USR) would be required for more than 1 (one)
Commercial Vehile; otherwise, all but 1 Commercial Vehicle shall be removed from the property.
If you have any questions that you would like to discuss with a Planner, an appointment must be
scheduled with Kim Ogle, Planning Manager at 970-353-6100 Ext. 3540. To better serve you please
bring this letter with you.
RECOMMENDATION
The Department of Planning Services recommends this case be forwarded to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
04/02/2008 Complaint Validated
04/02/2008 LTTR: 5 Day Letter
04/09/2008 LTTR: Violation Notice
05/13/2008 LTTR: Hearing Notification
OTHER CASE HISTORY 2008-1689
V lation Summary Reps _`t
03/18/2008 Property Inspected Upon a visual inspection of the property, the following
items were noted: 3+ Commercial Vehicles
(dumptrucks). No pictures were taken during this
inspection.
05/12/2008 Property Inspected Upon a visual inspection of the property, the following
items were noted: 5 Commercial Vehicles were noted
during my inspection. See pictures dated 05/12/08.
05/16/2008 Phone Call Kim Ogle, Jacqueline Hatch and I called Mr. Robert
Sarchet. Robert indicated that 2 (two) things were still
holding him up. 1.) High use rate for septic system -
needs an engineer to certify that it will meet the projected
load. 2.) Jim Short(Robert Short) Engineer has gone out
of business - Kim advised Mr. Sarchet that Mr. Short now
is located in Greeley, but is very much in operation. Kim
advised Mr. Sarchet that he had until the 17th of June to
record his plat(by first completing all of the conditions of
approval) or appear before the Board as a Violation case.
Jacqueline asked if he needed her to re-send the
conditions. He said no, he still had all of the paperwork,
he had just dropped the ball.
05/16/2008 Certified Mail Receipt Certified Receipt Received - Mildred Sarchet
05/19/2008 Certified Mail Receipt Certified Receipt Received - Robert Sarchet
c�
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COLORADO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX:970-304-6498
E-Mail: bsalzman@co.weld.co.us
May 13, 2008
SARCHET MILDRED MAE LLC
300 CRESTRIDGE LANE
LONGMONT, CO 80501
SARCHET MILDRED MAE LLC
ATTN: ROBERT A. SARCHET
325 CRESTRIDGE LANE
LONGMONT, CO 80501
Case: ZCV08-00068
Legal Description:
PT NW4 35-3-67 LOT B REC EXEMPT RE-3668(2.12R)SITUS: 10084 28 CR WELD 000000000
Dear SARCHET MILDRED MAE LLC:
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.
23-3-40 Uses by special review
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:
The presence of more than 1 (one) COMMERCIAL VEHICLE requires additional Weld County
Zoning permits. Specifically a Use by Special Review(USR)would be required for more than 1
(one) Commercial Vehicle; otherwise, all but 1 Commercial Vehicle shall be removed from the
property.
Page 1 of 2
C
COLORADO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
• Phone: 970-353-6100 X 3555
FAX:970-304-6498
E-Mail: bsalzman@co.weld.co.us
If you have any questions that you would like to discuss with a Planner, an appointment must
be scheduled with Kim Ogle, Planning Manager at 970-353-6100 Ext. 3540. To better serve
you please bring this letter with you.
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.
S' cerely, U.S.Postal Service,n,
CERTIFIED MAIL,, RECEIPT
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COLORADO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX:970-304-6498
E-Mail:bsalzman@co.weld.co.us
April 09, 2008
SARCHET MILDRED MAE LLC
300 CRESTRIDGE LANE
LONGMONT, CO 80501
SARCHET MILDRED MAE LLC
ATTN: ROBERT A. SARCHET
325 CRESTRIDGE LANE
LONGMONT, CO 80501
Case: ZCV08-00068
Legal Description:PT NW4 35-3-67 LOT B REC EXEMPT RE-3668 (2.12R) SITUS: 10084 28 CR
WELD 000000000
Dear: SARCHET MILDRED MAE LLC :
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.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
Page 1 of 2
VUDc •
COLORADO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX:970-304-6498
E-Mail:bsalzman@co.weld.co.us
use the special review permit process to develop.
COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to
facilitate an activity where goods, products or services are bought, sold or transferred in
ownership on a fee, contract or barter basis, excluding those uses listed by right and
accessory uses in the A(Agricultural)Zone District. A COMMERCIAL VEHICLE shall include,
but is not limited to, semi-trailers, dump trucks, construction equipment, railroad cars and
cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the
condition of a DERELICT VEHICLE.
To bring your property into compliance with the Weld County Code:
The presence of more than 1 (one) COMMERCIAL VEHICLE requires additional Weld
County Zoning permits. Specifically a Use by Special Review(USR)would be required for
more than 1 (one) Commercial Vehile; otherwise, all but 1 Commercial Vehicle shall be
removed from the property.
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.
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
05/09/2008, to correct this zoning violation. Failure to do so will result in this office scheduling the
violation before the Board of County Commissioners to consider whether to refer the violation to the
County Attorney's Office for legal action.
Any information you have that may help to resolve this matter will be useful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me
at the above address, telephone number or e-mail address. If you wish to see me personally,
please call to schedule an appointment so that I may reserve a sufficient amount of time with you.
Page 1 of 2
COLORADO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX:970-304-6498
E-Mail:bsalzman@co.weld.co.us
Sincerely,
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV08-00068
Page 1 of 2
Page 1 of 1
Bethany Salzman
From: Bethany Salzman
Sent: Wednesday, April 09, 2008 3:01 PM
To: 'Robert Sarchet'
Subject: RE: APRIL 02,2008 LETTER TO Sarchet Mildred Mae LLC
•
Attachments: 08-00068.rtf
Please see the attached letter that has been sent to both addresses. I have to send it to the "300" address since
this is where the property tax statements are sent.
From: Robert Sarchet [mailto:bsarc@ecentral.com]
Sent: Monday, April 07, 2008 9:53 AM
To: Bethany Salzman
Subject: APRIL 02,2008 LETTER TO Sarchet Mildred Mae LLC
Hello Bethany
On Saturday morning I picked up my mothers mail. She is Mildred Sarchet and lives at 300 Crestridge Lane,
Longmont, CO. You had sent a letter about the Mildred Mae Sarchet LLC to her address. My mother is 95 years
old and is almost totally blind she has no financial interest in the LLC property that has her name. I and seven
other members of my family own the LLC. I am the manager of the LLC. All mail communication about this
property should be addressed to The Mildred Mae Sarchet LLC in care of Robert A. Sarchet, 325 Crestridge
Lane Longmont, CO 80501.
We have a tenant that rents the old farm house on this farm. I would guess the dump trucks that you saw were
there for his use. I am leaving for two weeks on a trip to California on Thursday. I will contact the tenant and
check this out and then contact you to review these concerns when I get home from this trip.
Thank you
Robert A. Sarchet
4/9/2008
Page 1 of 1
Bethany Salzman
From: Bethany Salzman
Sent: Monday, April 07, 2008 10:01 AM
To: 'Robert Sarchet'
Subject: RE: APRIL 02,2008 LETTER TO Sarchet Mildred Mae LLC
My next step is to send a Violation Notification letter which will grant 30 days to bring the property into
compliance. I will try to get that out this week.
From: Robert Sarchet [mailto:bsarc@ecentral.com]
Sent: Monday, April 07, 2008 9:53 AM
To: Bethany Salzman
Subject: APRIL 02,2008 LETTER TO Sarchet Mildred Mae LLC
Hello Bethany
On Saturday morning I picked up my mothers mail. She is Mildred Sarchet and lives at 300 Crestridge Lane,
Longmont, CO. You had sent a letter about the Mildred Mae Sarchet LLC to her address. My mother is 95 years
old and is almost totally blind she has no financial interest in the LLC property that has her name. I and seven
other members of my family own the LLC. I am the manager of the LLC.All mail communication about this
property should be addressed to The Mildred Mae Sarchet LLC in care of Robert A. Sarchet, 325 Crestridge
Lane Longmont, CO 80501.
We have a tenant that rents the old farm house on this farm. I would guess the dump trucks that you saw were
there for his use. I am leaving for two weeks on a trip to California on Thursday. I will contact the tenant and
check this out and then contact you to review these concerns when I get home from this trip.
Thank you
Robert A. Sarchet
4/9/2008
ratteG WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
C
FAX: 970-304-6498
E-Mail: bsalzman@co.weld.co.us
COLORADO
April 02, 2008
SARCHET MILDRED MAE LLC
300 CRESTRIDGE LANE
LONGMONT, CO 80501
Case: ZCV08-00068
Legal Description: PT NW4 35-3-67 LOT B REC EXEMPT RE-3668 (2.12R) SITUS: 1 0084 28 CR WELD
000000000
Dear SARCHET MILDRED MAE LLC:
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 more than 1 (one) COMMERCIAL VEHICLE requires a Use by Special
Review (USR) permit. During a visual inspection, I noted at least 3 dumptrucks situated on
the above referenced property.
COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used
to facilitate an activity where goods, products or services are bought, sold or transferred in
ownership on a fee, contract or barter basis, excluding those uses listed by right and
accessory uses in the A (Agricultural)Zone District. A COMMERCIAL VEHICLE shall
include, but is not limited to, semi-trailers, dump trucks, construction equipment, railroad
cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate
to the condition of a DERELICT VEHICLE.
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,
�
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV08-00068
Page 1 of 1
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R2992804 Parcel#: 120935200040
Tax Area: 2179 Bordering County:
Acres: 77.69 .-----"--Th
Township Range Section Quart. Sec. ""7 Subdivison Name Block# Lot#
03 67 - 35 2 i 0.
Owners Name &Address: Property Address:
SARCHET MILDRED MAE LLC t� Street: 10084 28 CR
300 CRESTRIDGE LANE \\ City: WELD
LONGMONT, CO 80501 \`JN
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
$0
Legal Description
PT NW4 35-3-67 LOT B REC EXEMPT RE-3668 (2.12R) SITUS: 10084 28 CR WELD 000000000
Land Valuation Summary
Land Type Abst Code Unit of Number of Ass
essed
Actual Value Value
Measure Units
Agricultural 4167 Acres 6.41
Agricultural 4107 Acres 4.27
Agricultural 4107 Acres 11.39
Agricultural 4107 Acres 55.62
Land Subtotal: 77.69 $21,601 $6,260
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
1 Residential
2 Out Building
Improvements Subtotal: $70,564 $5,830
Total Property Value $92,165 $12,090
Building Details
Account#: R2992804 Parcel#: 120935200040
Owners Name &Address: Property Address:
SARCHET MILDRED MAE LLC Street: 10084 28 CR
300 CRESTRIDGE LANE City: WELD
LONGMONT, CO 80501
Building# Property Type
1 Residential
http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=12093... 3/31/2008
Identify Results Page 2 of 2
Individual Built As Detail
Built As: 1 1/2 Story Fin Year Built: 1900
Exterior: Frame Hardboard HVAC: None
Interior Finish: Drywall Built As SQ Ft: 960
# of Baths: 1 Roof Type:
# of Bdrms: 2 Roof Cover: Composition Shingle
# of Stories: 2
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R2992804 Parcel#: 120935200040
Owners Name &Address: Property Address:
SARCHET MILDRED MAE LLC Street: 10084 28 CR
300 CRESTRIDGE LANE City: WELD
LONGMONT, CO 80501
Buildings Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1930
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 384
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
If of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=12093... 3/31/2008
b..%)
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
CD 918 10th Street, Greeley, CO 80631
C Phone: (970) 353-6100, Ext. 3540
Fax: ;9701 304-6498
• C101
COLORADO %HK)
ZONING and/or BUIL CODE COMPLAINT FORMS
Complaint Initiated by:
X ZONING CODE COMPLAINT Staff/Name: C Citizen O Other.
❑ HEALTH DEPARTMENT Citizen's Name(If known)
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
O BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST & WEEDS
Date Complaint was received: 3-IS-152)
Pending Case#(i.e. USR,RE, SE, ect...): p
,� 2 2 I !� R l51ut) M
Legal Description: ir-U,, 1DPRE-&0loS1tani-1 5 T.'�4)Parcel#: IAEA'J.�'a-°Dego
Violation Address: \CD%4 l t 2'
Property Owners Name: Ssw r(�,.,I A V �1\,.1 reci �. Phone: c�
Property Owners Address: � 1..1 'i'nc rt t. I � t1 LU C 'I
Tenant's Name: CJ UUU. Phone:
Tenant's Address: .
NATURE OF COMPLAINT: 3 -toma'� l uM 11tkri el C 0dtCIS) VdneCJth
•
Additional Notes:
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JUN-16-2008 MON 11 :32 AM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 02
June 16, 2008
Jacqueline Hatch
Department of Planning Services
Southwest Office
4209 CR 24.5
Longmont, CO 80504
Subject: USR-1480
Dear Ms. Hatch
We are not going to complete this USR and we want to withdraw the application.
1. Mark Brown has moved out of the farm house.
2. Mark Brown plans to removed his business Arrested Oil Field Services from the farm
by the end of June. He will be gone for sure by the 15th of July.
Robert A. Sarchet
1417
Manager of The Mildred Mae Sarchet LLC.
303-772-1230
325 Crestridge Lane Longmont, CO 80501
bsarc@ecentral.com
nE XN�gl�n
1/f °BJJ
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