HomeMy WebLinkAbout20080781.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
ZCV #0701072 AGAINST KIRK AND BOBBIE FERGUSON 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, Kirk and Bobbie Ferguson, ZCV #0701072, 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 12th day of February, 2008, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, at which
time this matter was continued to March 11, 2008, to allow adequate time for the property owners
to submit an annexation application to the Town of Johnstown.
WHEREAS, on the 11th day of March, 2008, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Kirk and Bobbie Ferguson 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 refer this case back to the Department of
Planning Services due to the property owners submitting an application of annexation to the Town
of Johnstown.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV#0701072 against Kirk and Bobbie Ferguson be referred back to the
Department of Planning Services.
2008-0781
PL0824
g�; /G !�/lC� QY/-25/0
VIOLATIONS - ZCV#0701072 - KIRK AND BOBBIE FERGUSON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of March, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: a "d d`" /li
1*61 VI' 'am H. J rke, Chair
Weld County Clerk to the r (PtA _
w_ "" obee . Ma en, Pro-Tem
BY: ..r= � �
De u y Cler to the Board
Willi F. Garcia
APP AS F
avid E. Long
pC n orney
Dougla Rademac er
Date of signature: 3 l)Ib
2008-0781
PL0824
Violation Summary Report
BASIC INFORMATION
FERGUSON KIRK J & BOBBIE 2105 CHRISTOPHER CT JOHNSTOWN, CO 80534
Tenant:
Compliance Officer: Bethany Salzman
Violation Number: ZCV07-01072
Situs Address: 1211 N PARK AV
Legal: 21436B PT S2SW4 5 4 67 BEG 417.4'S OF NW COR S2SW4 S104' E417.4'
N104' W417.4'TO POB SITUS: 1211 N PARK AV JOHNSTOWN
805340000
Location: Location East of and adjacent to CR 15 and North of and adjacent
to Park Av
North 3 Agriculturally zoned properties and Johnstown
South 1 Agriculturally zoned property and Johnstown
East Johnstown
West 1 Agriculturally zoned property and Johnstown
Parcel Number: 105905300006-R4491686 Acreage: 1.00
Certified Mail Date: 01/11/2008
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
Based upon our last discussion I was under the impression that you were going to be advising this office
once an annexation agreement had been submitted to Johnstown. Since I have not heard from you in
quite some time, this violation needs
to come to some sort of resolution. If you have submitted an annexation agreement, please notify me sc
I can contact Johnstown and have them submit evidence of the agreement.
RECOMMENDATION
The Department of Planning Services recommends that this case be continued to the March 11, 2008
Violation Hearings in hopes that this will allow enough time for Mr. Ferguson to submit a completed
Annexation application to Town of Johnstown
LETTER HISTORY
07/17/2007 Complaint Validated
07/17/2007 LTTR: 5 Day Letter
07/20/2007 LTTR: Violation Notice
09/11/2007 LTTR: Violation Notice
01/11/2008 LTTR: Hearing Notification
02/14/2008 Continued
OTHER CASE HISTORY
07/17/2007 Property Inspected Upon a visual inspection of the property, the following
items were noted: outdoor storage around shop (wood
and other building materials). Truck. No pictures were
2008-0781
Violation Summary Report
taken during this inspection.
07/20/2007 Phone Call Bobbie Ferguson called. She said that most of the
building is used to house some of their personal items.
She said that she has a car in there. She said she has
some old tax records in there. She said they have some
old antique furniture stored in there. She did state that
they have some shelving, tiles, wood that they took from
some demolition work they have completed in the past to
use on other jobs. I explained that type of stuff was
considered commercial storage. I also asked about them
using this address with the state as their business
address. She asked what it would take to just develop
the site. I explained that a Use by Special Review permit
would be necessary. I told her that I would mail her the
application along with a 30 day letter. I advised her that
as long as she cleaned outside and sent me a e-mail
indicating that no commercial activies are conducted from
this site, I would go ahead and close out the violation, so
they could process the USR application without being
considered a violation case. She said that would be good.
08/28/2007 Office Visit Bobbie Ferguson went into the Greeley Office and tried to
turn in the application fee for a USR. She had not
completed any paperwork, but just wanted to it in without
anything completed. They turned her away, but gave her
a USR application and explained that they needed to
complete it before we could accept it.
01/17/2008 Certified Mail Receipt Certified Mail Receipt received signed.
02/11/2008 Property Inspected Upon a visual inspection of the property, the following
items were noted: it still appears as though the business
is being conducted from this property. See picture dated
02/11/08.
'ARTMENT OF PLANNING SERVICES
Compliance Division
Kitt NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
Phone Number: 720-652-4210 x 8739
Fax Number: F
SOUTHWEST OFFICE 4209 CR 24.5
COLORADO A '('^t,c Longmont, CO 80504
ViIJJ+lJi7l�a+�+ Phone: (720) 652-4210, Ext 8730
January 11, 2008
FERGUSON KIRK J & BOBBIE
2105 CHRISTOPHER CT
JOHNSTOWN, CO 80534
Violation Number: ZCV07-01072
Legal Description:
21436B PT S2SW4 5 4 67 BEG 417.4'S OF NW COR S2SW4 S104' E417.4' N104' W417.4' TO POB SITUS:
1211 N PARK AV JOHNSTOWN 805340000
Dear FERGUSON KIRK J & BOBBIE:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
t13110$003 '1o:oo`AM
The above mentioned property remains in violation of the following Section(s) of the Weld County
Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural)Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-40 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:
As we previously discussed, if Johnstown is in receipt of a complete annexation agreement
prior to 03/10/07, this violation hearing will be dismissed. If that was the case, we would
then ask the Board to refer this case back to our office so you can proceed with your
annexation process with Johnstown. Once the annexation process was completed our violation
case would be closed.
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.
'ARTMENT OF PLANNING SERVICES
irims Compliance Division
NORTH OFFICE 41 — 918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
Phone Number: 720-652-4210 x 8739
Fax Number: 720-652-4211
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720)652-4210, Ext 8730
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: ZCV07-01072
Department of Planning Services
Bruce Barker, County Attorney
Vii 'ation Summary Repc
BASIC INFORMATION
FERGUSON KIRK J & BOBBIE 2105 CHRISTOPHER CT JOHNSTOWN, CO 80534
Tenant:
Compliance Officer: Bethany Salzman
Violation Number: ZCV07-01072
Situs Address: 1211 N PARK AV
Legal: 21436B PT S2SW4 5 4 67 BEG 417.4'S OF NW COR S2SW4 S104' E417.4'
N104' W417.4'TO POB SITUS: 1211 N PARK AV JOHNSTOWN
805340000
Location: Location East of and adjacent to CR 15 and North of and adjacent
to Park Av
North 3 Agriculturally zoned properties and Johnstown
South 1 Agriculturally zoned property and Johnstown
East Johnstown
West 1 Agriculturally zoned property and Johnstown
Parcel Number: 105905300006-R4491686 Acreage: 1.00
Certified Mail Date: 01/11/2008
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
Based upon our last discussion I was under the impression that you were going to be advising this office
once an annexation agreement had been submitted to Johnstown. Since I have not heard from you in
quite some time, this violation needs
to come to some sort of resolution. If you have submitted an annexation agreement, please notify me so
I can contact Johnstown and have them submit evidence of the agreement.
RECOMMENDATION
The Department of Planning Services recommends that this case be continued to the March 11, 2008
Violation Hearings in hopes that this will allow enough time for Mr. Ferguson to submit a completed
Annexation application to Town of Johnstown
LETTER HISTORY
07/17/2007 Complaint Validated
07/17/2007 LTTR: 5 Day Letter
07/20/2007 LTTR: Violation Notice
09/11/2007 LTTR: Violation Notice
01/11/2008 LTTR: Hearing Notification
OTHER CASE HISTORY
07/17/2007 Property Inspected Upon a visual inspection of the property, the following
items were noted: outdoor storage around shop (wood
and other building materials). Truck. No pictures were
taken during this inspection.
Vi( 'ation Summary Repc
07/20/2007 Phone Call Bobbie Ferguson called. She said that most of the
building is used to house some of their personal items.
She said that she has a car in there. She said she has
some old tax records in there. She said they have some
old antique furniture stored in there. She did state that
they have some shelving, tiles, wood that they took from
some demolition work they have completed in the past to
use on other jobs. I explained that type of stuff was
considered commercial storage. I also asked about them
using this address with the state as their business
address. She asked what it would take to just develop
the site. I explained that a Use by Special Review permit
would be necessary. I told her that I would mail her the
application along with a 30 day letter. I advised her that
as long as she cleaned outside and sent me a e-mail
indicating that no commercial activies are conducted from
this site, I would go ahead and close out the violation, so
they could process the USR application without being
considered a violation case. She said that would be good.
08/28/2007 Office Visit Bobbie Ferguson went into the Greeley Office and tried to
turn in the application fee for a USR. She had not
completed any paperwork, but just wanted to it in without
anything completed. They turned her away, but gave her
a USR application and explained that they needed to
complete it before we could accept it.
01/17/2008 Certified Mail Receipt Certified Mail Receipt received signed.
Page 1 of 1
Bethany Salzman
From: Bobbie Ferguson [bobbie_kfc@yahoo.com]
Sent: Monday, February 04, 2008 5:52 PM
To: Bethany Salzman
Subject: RE: TMSM-Spam: Property at 1211 N. Park Johnstown
Yes that is our goal he actualy is out on another job to help earn that extra money, so 2 weeks should be
sufficient.
Bethany Salzman <bsalzman@co.weldco.us>wrote:
This morning Kirk indicated that he felt he could obtain the $10,000 within 2 weeks, thus allowing you to
submit a complete annexation application within 2 weeks. Is this correct?
From: Bobbie Ferguson [mailto:bobbie_kfc@yahoo.com]
Sent: Monday, February 04, 2008 10:50 AM
To: Bethany Salzman
Cc: Kirk Ferguson
Subject: TMSM-Spam: Property at 1211 N. Park Johnstown
Good morning Ms. Salzman,
Kirk wanted me to send you our position after speaking with you this morning. We are in the
process of Annexation with the Town of Johnstown. As a result of our meetings with John
Franklin, Town planner and our lawyer Tim Goddard we are moving forward with Annexation.
In order to proceed with the annexation a check in the amount of$10,000.00 must accompany
the application. We are in the process of obtaining $10,000.00 now instead of incorporating
with the bank loan to improve the land. Thank you for your consideration as always in this
matter.
Sincerely,
Bobbie Ferguson
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2/6/2008
D' .RTMENT OF PLANNING SERVICES
rat Compliance Division
(t NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address bsalzman@co.weld.cous
C Phone Number: 720-652-4210 x 8739
Fax Number: 720-652-4211
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
January 11, 2008
FERGUSON KIRK J & BOBBIE
2105 CHRISTOPHER CT
JOHNSTOWN, CO 80534
Violation Number: ZCV07-01072
Legal Description:
21436B PT S2SW4 5 4 67 BEG 417.4'S OF NW COR S2SW4 S104' E417.4' N104' W417.4' TO POB
SITUS: 1211 N PARK AV JOHNSTOWN 805340000
Dear FERGUSON KIRK J & BOBBIE:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meetin• with the Board of County Commissioners on:
ilc`I
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:
Based upon our last discussion I was under the impression that you were going to be advising
this office once an annexation agreement had been submitted to Johnstown. Since I have not
heard from you in quite some time, this violation needs
to come to some sort of resolution. If you have submitted an annexation agreement, please
notify me so I can contact Johnstown and have them submit evidence of the agreement
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.
D' \RTMENT OF PLANNING SERVICES
((iiikte..
Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
Phone Number 720-652-4210 x 8739
Fax Number: 720-652-4211
illig
SOUTHWEST OFFICE
4209 CR 24.5
��
• Longmont, CO 80504
COLORADO Phone: (720) 652-4210, Ext 8730
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,
Ivtd '
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV07-01072 $
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Department of Planning Services $ S�� 'Ie
Bruce Barker, County Attorney I
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September 28, 2007 Weld County Planning Dm—
GREELEY OFFM'`r
Weld County Planning and Zoning OCT 0 2 2
910 10t Street RECE.
Greeley, CO 80631
RE: 1211 North Park Avenue
To Whom It May Concern:
I am writing this letter to reflect the concerns of the neighborhood adjacent to property
owned by Kirk and Bobbie Ferguson at 1211 N. Park Avenue,just outside of Johnstown,
Colorado.
As neighboring property owners of single family residences we have noticed the
following activity on the property.
1. Construction storage in the metal shed at the northwest corner of the site.
This building has been heated, has water plumbed to the inside and is being
used as a construction office. There is some indication that hazardous
material may be stored on site.
2. A trailer parked on the east side of the building has been used as a restroom
facility for employees and has an illegal connection to the existing sanitary
sewer system.
3. The existing residence on the property is being used as a rental on one side
and a Day Spa business on the other side. Interior construction was never
permitted. Occasionally a sign is placed outside advertising the Spa business
at this location.
We are concerned that the business activity on this property is illegal, dangerous, and not
allowed under the existing zoning. We are also generally concerned that the use of this
property will negatively affect our property values in this area.
We understand that there have been several complaints already filed for this parcel and
believe a detailed investigation should immediately be started.
Thank you for your assistance.
Sincerely,
Adjacent Property Owners
C \RTMENT OF PLANNING SERVICES
Compliance Division art ft :).N.sssH NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
111111 g C. Phone Number: 720-652-4210 x 8739
Fax Number: 720-652-4211
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
September 11, 2007
FERGUSON KIRK J & BOBBIE
2105 CHRISTOPHER CT
JOHNSTOWN, CO 80534
Legal Description: ZCV07-01072
21436B PT S2SW4 5 4 67 BEG 417.4'S OF NW COR S2SW4 S104' E417.4'
N104' W417.4' TO POB SITUS: 1211 N PARK AV JOHNSTOWN 805340000
Dear: FERGUSON KIRK J & BOBBIE :
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.
23-3-40 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:
Please be advised that I spoke to your attorney yesterday(Mr. Goddard) and was advised
that his office is in the process of compiling the Use by Special Review application
requirements. Therefore I have extended this violation out for
60 days. This should give you more than adequate time to have a complete application
submitted to our office. Thank-you in advance.
It is the intention of this office to assist and cooperate with you without imposing undue hardhsips;
however, we have no discretion in this matter if you fail to correct this violation. You have until
11/12/2007, 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: ZCV07-01072
Department of Planning Services
Bruce Barker, County Attorney
DE 'RTMENT OF PLANNING SERVICES
Compliance Division
{ NORTH OFFICE
5 918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
I 11
Phone Number: 720-652-4210 x 8739
Fax Number: 720-652-4211
` SOUTHWEST OFFICE
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720)652-4210, Ext 8730
Fax: (720) 652-4211
July 20, 2007
FERGUSON KIRK J & BOBBIE
2105 CHRISTOPHER CT r. , n ` �l \
JOHNSTOWN, CO 80534 "�` V
ft
Legal Description: ZCV07-01072
21436B PT S2SW4 5 4 67 BEG 417.4'S OF NW COR S2SW4 S104' E417.4'
N104' W417.4' TO POB SITUS: 1211 N PARK AV JOHNSTOWN 805340000
Dear: FERGUSON KIRK J & BOBBIE :
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.
23-3-30.1 Noncommercial Junkyard.
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.
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 discussed, any commercial storage or advertisements occuring regarding this
property, require the appropriate Weld County Zoning Permits. For your convenience, I am
enclosing a Use by Special Review application with this letter.
The outdoor storage shall be removed.
It is the intention of this off assist and cooperate with you without in sing undue hardhsips;
however, we have no discretion in this matter if you fail to correct this vioiduon. You have until
08/20/2007, 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,
clack
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV07-01072
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE(it kii;"\\:, 918 10th Street
Greeley, CO we 80o31
Email Address: bsalzman@co.weld.co.us
Phone: 720-652-4210 x 8739
Fax: 720-652-4211I SOUTHWEST OFFICE
4209 CR CE
iivC Longmont, CO 80504
COLORADO Phone: (720)652-4210, Ext 8730
L Fax: (720) 652-4211
July 17, 2007
FERGUSON KIRK J & BOBBIE
2105 CHRISTOPHER CT
JOHNSTOWN, CO 80534
Legal Description: ZCV07-01072
21436B PT S2SW4 5 4 67 BEG 417.4'S OF NW COR S2SW4 S104' E417.4' N104'
W417.4' TO POB SITUS: 1211 N PARK AV JOHNSTOWN 805340000
Dear FERGUSON KIRK J & BOBBIE:
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:
According to the State of Colorado records, Kirk Ferguson Construction, Inc. is being
operated from the above mentioned location. Furthermore, the shop is being utilized as
storage for commercial equipment and materials without first obtaining a Use by Special
Review permit. 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.
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: ZCV07-01072
Department of Planning Services
Bruce Barker, County Attorney
Page 1 of 3
Westlaw Attached Printing Summary Report for SALZMAN,BETHANY 3938532
Your Search: REG-AGENT-NAME(KIRK&FERGUSON)&STA(CO)
Date/Time of Request: Monday,July 16,2007 15:56:00 Mountain
Client Identifier: FERGUSON KIRK
Database: CORP-ALL
Lines: 42
Documents: 1
Images: 0
The material accompanying this summary is subject to copyright.Usage is governed by contract with icIr
Thomson,West and their affiliates. O
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• Page 2 of 3
V4�estlaw
31601465201 Page 1
31601465201
CORPORATE RECORDS & BUSINESS REGISTRATIONS
This Record Last Updated: 04/18/2007
Database Last Updated: 07-13-2007
Update Frequency: WEEKLY
Current Date: 07/16/2007
Source: AS REPORTED BY THE SECRETARY OF STATE OR OTHER OFFICIAL
SOURCE
COMPANY INFORMATION
Name: KIRK FERGUSON CONSTRUCTION, INC.
Address: 1211 N PARK AVE
JOHNSTOWN, CO 80534
D&B DUNS: 12-644-5761
FILING INFORMATION
Identification Number: 20041051797
Filing Date: 02/12/2004
State of Incorporation: COLORADO
Date Incorporated: 02/12/2004
Duration: PERPETUAL
Status: GOOD STANDING
Corporation Type: NOT AVAILABLE
Business Type: CORPORATION
Address Type: BUSINESS
Where Filed: DEPT OF STATE/DIVISION OF COMMERCIAL RECORDINGS
1560 BROADWAY
DENVER, CO 80202
REGISTERED AGENT INFORMATION
Name: KIRK FERGUSON
o 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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Page 3 of 3
Page 2
31601465201
Address: 1211 N PARK AVE
JOHNSTOWN, CO 80534
AMENDMENT INFORMATION
Amendments: 02/27/2007 MISCELLANEOUS FILE ANNUAL REPORT
01/23/2007 MISCELLANEOUS POSTCARD NOTIFICATION PRINTED
01/23/2007 TO BE MAILED 02/01/2007;ANNUAL REPORT DUE:
04/30/2007
06/01/2006 MISCELLANEOUS FILE ANNUAL REPORT
05/22/2006 MISCELLANEOUS POSTCARD NOTIFICATION PRINTED
05/22/2006 TO BE MAILED 06/01/2006;ANNUAL REPORT DUE:
2006-07-31
05/01/2006 MISCELLANEOUS CHANGE IN STATUS;FAILURE TO
FILE ANNUAL REPORT
01/20/2006 MISCELLANEOUS POSTCARD NOTIFICATION PRINTED
01/20/2006 TO BE MAILED 02/01/2006;ANNUAL REPORT DUE:
04/30/2006
02/08/2005 MISCELLANEOUS FILE ANNUAL REPORT
01/20/2005 MISCELLANEOUS POSTCARD NOTIFICATION PRINTED
01/20/2005 TO BE MAILED 02/01/2005;ANNUAL REPORT DUE:
04/30/2005
02/12/2004 MISCELLANEOUS ARTICLES OF
INCORPORATION;KIRK FERGUSON CONSTRUCTION, INC.
Call Westlaw CourtExpress at 1-877-DOC-RETR (1-877-362-7387)
to order copies of documents related to this or other matters.
Additional charges apply.
THE PRECEDING PUBLIC RECORD DATA IS FOR INFORMATION PURPOSES ONLY AND IS NOT THE
OFFICIAL RECORD. CERTIFIED COPIES CAN ONLY BE OBTAINED FROM THE OFFICIAL SOURCE.
END OF DOCUMENT
2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R4491686 Parcel#: 105905300006
Tax Area: 2366 Bordering County:
Acres: 1
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
04- 67 - 05 - 3
Owners Name&Address: Property Address_
FERGUSON KIRK J &BOBBIE Street: 1211 N PARK AV WELD
2105 CHRISTOPHER CT City: WELD
JOHNSTOWN, CO 80534
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
8/30/2001 $200,000 WD 2879707
Legal Description
21436B PT 5251A/4 5 4 67 BEG 417.4'5 OF NW COR 525W4 5104' E417.4' N104' W417.4'TO POB SITUS: 1211 N PARK AV
JOHNSTOWN 805340000
Land Valuation Summary
Unit of Number of Actual Value Assessed
Land Type Abst Code Measure Units Value
Residential 1112 Acres 1
Land Subtotal: 1 $35,000 $2,790
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
1 Residential
2 Out Building
Improvements Subtotal: $167,977 $13,370
Total Property Value $202,977 $16,160
Building Details
Account#: R4491686 Parcel#: 105905300006
Owners Name&Address: Property Address:
FERGUSON KIRK) &BOBBIE Street: 1211 N PARK AV WELD
2105 CHRISTOPHER CT City: WELD
JOHNSTOWN, CO 80534
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 1955
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Identify Results Page 2 of 2
Exterior: Frame Hardboard HVAC: Hot Water Baseboard
Interior Finish: Drywall Built As SQ Ft: 1304
# of Baths: 1 Roof Type:
#of Bdrms: 4 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: 7 Units: 0
Garage:
Attached SQ Ft: 200 Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R4491686 Parcel#: 105905300006
Owners Name &Address: Property Address:
FERGUSON KIRK J &BOBBIE Street: 1211 N PARK AV WELD
2105 CHRISTOPHER CT City: WELD
JOHNSTOWN, CO 80534
Building# Prouerty Ty.�e
2 - - Out Building
Individual Built As Detail
Built As: Shed - Equipment Year Built: 2003
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 3600
#of Baths: 0 Roof Type: Gable
#of Bdrms: 0 Roof Cover:
#of Stories: 1 0
Rooms: 0 Units:
Garage_
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
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Z-14-.%)
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
mime 918 10`h Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
>liL ZONING CODE COMPLAINT ❑ Staff/Name: ❑ Citizen X Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known):
O WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST& WEEDS
Date Complaint was received: 1'kIO-Cri
Pending Case#(i.e.♦ )4 USR,RE, SE,S ect...): r
Legal Description: ) 35u o - S1-4 t�iI3) Parcel#: t .o5-?roo-cN4
Violation Address: \a1\ L) Pry t. A4,e • 2_,,_
Property Owners Name: ^ I ,Cfsfl�,I,,'el\Y�. et G 7l.JY bit, Phone:
Property Owners Address: ato6 VI \v\tDl2IC Oi TSO (7' I-tyl I ('U `?tk
Tenant's Name: Alit ea n(.fh CK, Phone:
Tenant's Address: UUU
NATURE OF COMPLAINT:
Additional Notes: fN(C.,c as ,b i
Page 1 of 1
Bethany Salzman
From: John Franklin Ofranklin@townofjohnstown.com]
Sent: Friday, July 13, 2007 1:01 PM
To: Bethany Salzman
Subject: Outdoor Storage at NEC of N. Park Ave. and CR 15 (Telep)
Hello, Bethany.
Can you check on this?The property around the building is now covered with what appears to be shelving and
materials from the inside.
Thanks,
John Franklin, AICP
Town Planner
Town of Johnstown
(970) 587-4664
(970)587-01041 fax
07/16/2007
1112811111111111111111111111.1111.1111111111111111
1 of 1 R 5.00 D 20.00 weld County CO
707 Warranty Deed
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances(the
'property')from the individual(s),corporation(s),parmership(s),or other entity(ics)named below as GRANTOR to the individual(s)
or entity(ies)earned below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except
for(I)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-
way shown of record (3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record (5)any
protective covenants and restrictions shown of record(6)any additional matters shown below under'Additional Warranty Exceptions',
and(7)subject to building and zoning regulations.
D.F.
$20.00 The Specific Terms of This Deed Are:
Grantor: (Give rungs)and plaa(s)of rnidmrc:if list spouse or the ownergrauor is joining in this Deed m seines hotnatad sights.identify amnion as
husband aid wife.)
CHARLES F.GARTON AND CONSTANCE E. GARTON
Grantee: (Give nape(s)and address(es);summers of address.including available road or street nenecr.)
KIRK J. FERGUSON AND BOBBIE FERGUSON
1211 N.PARK AVE,JOHNSTOWN,CO 80538
Form of Co-Ownership: Of tee are two or more grannoes named,they will be considered to rake as tenants in common unless the words"in pint
tenancy'or words of the name meaning are added in the space belw.l
JOINT TENANTS
Property Description (include empty sad state.)
ALL THAT PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 5 TOWNSHIP
4 NORTH RANGE 67 WEST OF THE 6TH P.M. WELD COUNTY,COLORADO MORE PARIIICULARLY
DESCRIBbD AS FOLLOWS:BEGINNING AT A OINT 417.4 FEET SOUTH OF THE NORTHWEST CORNER
NOF ORTH SU2SW1/4 OF SAID 104 FEET;THENCESW SECTION
THENCE EET T THE OUTHPOII04NTLOF THENCE 417.4 FEET;THENCE
Property Address: 1211 N.PARK AVE.JOHNSTOWN,COLORADO
Cotdderatioo: (The stamen of a dollar amount is optional,adequate cauidaadoo for this deed will be presumed unless this conveyance is identified
as a gift. In any case this conveyance is absolute.final and unconditional.)
TWO HUNDRED THOUSAND AND 00/100
Reservation.-Ratrklions: (If the GRANTOR intends to reserve any interest in the property or to convey less than is owned,or if the GRANTOR is
restricting the GRANTEE'S right in the proR^y,make appropriate idiatiun.)
Additional Warranty Exceptions: (Include dads of wit being assumed and other matters not covered above.)
Executed by die Grantor on AUGUST 30,2001
Signature for Corporation,Partnership or Aesocladee: e, Signature fo vi (a.
Name of Grantor: Corporation,Pastorship or Association CHARLES F. ARTON Grantor
By Grantor
By (WI
tEiKtrn.-_L C . ,I ft.'t„-CY,
CONSTANCE E.GARTON Grantor
Attest:
STATE OF COLORADO ".COU WELD
The f ' 16 was acknowledged before me this 30th day of AUGUST,2001
Byes £5 P: ,AND CONSTANCE E.GARTON
'r. E - a
LINDY
WT FinS soon expires::
piir : i d. _ `'"'(`C' `Public `''-
mi. 'mission erplra 28.2005
PubR<
ST a L' ) ns. 1221 8TH AVE,i4 REELEV CO 31
The fore rat was acknowledged before toe this day of -
By
name individud Grmmr(s)or if Grantor is Corporation,Pannenhip or Association,then identify signers as president or vice president and secretary
or assistant secretary of corporation;or as pmtner(s)of parmerahip:or as suthorired member(s)of association.)
WITNESS my hand and official seal. Notary Public
commission expire:
0 1981 UPDATE LEGAL FORMS WCTC No.201-L
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