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HomeMy WebLinkAbout20083011.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MELINDA SHORT 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, Melinda Short, ZCV #0800116, 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 18th day of November, 2008, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation,and WHEREAS, Melinda Short, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until March 18, 2009,to allow adequate time for the property owner to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights-of-way to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#0800116 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Melinda Short 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 March 18, 2009, to allow adequate time for the property owner to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights-of-way to bring the subject property into compliance. 2008-3011 PL0824 ('6 PL, L4'a / -O/ �� VIOLATIONS - ZCV#0800116 - MELINDA SHORT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of November, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: '�% 9 "' /1.- r rrG ✓ 1851 ��� f s illiam H. Jerke, Chair Weld County Clerk to th Loa cr; \. J c EXCUSED i n Robert D. a ro-Tem BY: .✓i k _ ��r•I !►._��� ' / A Deputy Cler . the Board William F. Garcia APPROVED AS TO FORM: EXCUSED David E. Long lCL�( LCQJ A14-Cou AttorVey , �r1 �ougla/Rademach r Date of signature: 2008-3011 PL0824 Violation Summary Report BASIC INFORMATION SHORT MELINDA L 7847 RICHARD ST FT LUPTON, CO 80621 Tenant: Compliance Officer: Bethany Salzman Violation Number: ZCV08-00116 Situs Address: 7847 RICHARD ST Legal: AR8-8 L8 BLK8 ARISTOCRAT RANCHETTES INC SITUS: 7847 RICHARD ST WELD 00000 Location: Location South of and adjacent to CR 18 and East of and adjacent toCR31 North Agriculture with residences South Industrial plant/Agriculture East Agriculture West Agriculture with minimal residences Parcel Number: 130927207005-R5215986 Acreage: 0.99 Certified Mail Date: 09/15/2008 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. 23-3-30.1 Noncommercial Junkyard. 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. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. 2008-3011 Violation Summary Report REMEDY As we discussed over the phone, the NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES and miscellaneous debris shall be restored, removed or completely SCREENED from all adjacent properties and public rights-of-ways. Any household trash shall be completely removed from the property, as the Weld County Code does not make any exceptions for household trash. Lastly, as we discussed, if the property is in compliance prior to the above scheduled hearing date, this violation will be closed and the hearing cancelled. If not, you will need to attend the hearing and request additional time from the Board of County Commissioners. Please call me if the property is brought into compliance prior to the above hearing date. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. LETTER HISTORY 06/19/2008 Complaint Validated 06/19/2008 LTTR: 5 Day Letter 07/08/2008 LTTR: Violation Notice 08/13/2008 LTTR: Violation Notice 09/15/2008 LTTR: Hearing Notification OTHER CASE HISTORY 05/02/2008 Property Inspected Upon a visual inspection of the property, the following items were noted: Derelict Vehicles and miscellaneous debris. I also noted apparent household trash. No pictures were taken during this inspection. 06/27/2008 Phone Call Kim Short(720-891-8690) left a message indicating that he and his wife received my letter. He stated that he is currently undergoing chemotherapy. He also said that he and his wife were estranged, but have recently reconciled. He stated that as a result, the property did fall into disrepair. He said he needed to talk to me to figure out exactly what I needed them to do and how much time I could give them. 06/30/2008 Phone Call I called Kim Short back. I explained exactly what the violation was in regards too. I asked what he was looking at as far as a time line. He said if I gave him a month, he would make tremendous progress. He wrote down all of my information and said he would work really hard on getting it done. 08/11/2008 Property Inspected Upon a visual inspection of the property, the following items were noted: **Substantial Progress" still have some derelict vehicles, shingles and miscellaneous debris. No pictures were taken during this inspection. 09/11/2008 Phone Call Kim Short called back. He said he is trying to get the property into compliance. He said he recently moved back home (due to some marital dificulties). He said he is now working on cleaning it as his health and time allows. He said he is currently on Chemo Therapy, which ties up like 2 weeks of his time (feeling ucky), then he"s able to start cleaning again. I asked how long before he thought he"d be done. He said within a month. I explained that I would schedule the hearing out until November. If they finished before the hearing, the hearing would be cancelled. If it wasn"t finished yet, he would need to request additional time from the BOCC. He said that would work. 09/17/2008 Certified Mail Receipt Certified Receipt received -signed. fts WELD COUNTY PLANNING DEPARTMENT v Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 ill C FAX: 8 E-Mail: man@co.weld.co.us alzman@oweld.o.us COLORADO September 15, 2008 SHORT MELINDA L 7847 RICHARD ST FT LUPTON, CO 80621 Case: ZCV08-00116 Legal Description: AR8-8 L8 BLK8 ARISTOCRAT RANCHETTES INC SITUS: 7847 RICHARD ST WELD 00000 Dear SHORT MELINDA L: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 11/18/2008 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 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. 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. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. Page 1 of 2 ‘Nt WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 O Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail: bsalzman@co.weld.co.us COLORADO This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: As we discussed over the phone, the NONCOMMERCIAL JUNKYARD consisting of DERELIC VEHICLES and miscellaneous debris shall be restored, removed or completely SCREENED from all adjacent properties and public rights-of-ways. Any household trash shall be completely removed from the property, as the Weld County Code does not make any exceptions for household trash. Lastly, as we discussed, if the property is in compliance prior to the above scheduled hearing date, this violation will be closed and the hearing cancelled. If not, you will need to attend the hearing and request additional time from the Board of County Commissioners. Please call me if the property is brought into compliance prior to the above hearing date. 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. cerely, Bethany Salzm Zoning Compliance Officer II pc: ZCV08-00116 Page 2 of 2 U.S. Postal Service,. o CERTIFIED MAILTM RECEIPT ft (Domestic Mail Only;No Insurance Coverage Provided) F r •slivery inf•rmati•n visit ur we•site etwww,us•s:c•rrre to Postage $ Certified Fee Return Receipt Fee Postmark (Endorsement Required) Here O Restricted Delivery Fee „p (Endorsement RequEred) rR rR Total Postage&Fees tri Sent To C`Caf rd& A- M1 Street,Apt.No., u�LI "" or PO Box No. .`U 11 246,-.6„,d City,State,ZIPr a l PSF•rm 3''a,June2rr2 See` eversef rinsirueti na SENSE': Cs M•LETE THIS SECT/•N C•M•LETE THIS SECYI•N •N r5LIVE•Y • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X O Agent • Print your name and address on the reverse _ . / ,a O Addressee so that we can return the card to you. B. Receiv d.y(Pri ed Name) Ce- to.f Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. Weld County ::•"1.:.� •.0 ,,� r [' IT _ 1. Article Addressed to: GREE �' = address different from item 1? O es . enter delivery address below: O No r ah- ` O * SEP 7 7nnR Eta FZEC ••ry 1 I I 0[ *c )i L 3. Service Type ��-"""���ttt"'•••""""" ` 7i XCertified Mail O Express Mail O Registered ❑ Return Receipt for Merchandise O Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 1160 0001 4539 1720 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 1g25W124WIS4e f'r fatt WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 970-353-6100 X 3555 FAX: 4-6498 IiDc E-Mail:bsalzman@co.weld.co.us weld.co.us COLORADO August 13, 2008 SHORT MELINDA L 7847 RICHARD ST FT LUPTON, CO 80621 Case: ZCV08-00116 Legal Description: AR8-8 L8 BLK8 ARISTOCRAT RANCHETTES INC SITUS: 7847 RICHARD ST WELD 00000 Dear: SHORT MELINDA L : 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. 23-3-30.1 Noncommercial Junkyard. 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. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. Page 1 of 2 "rizs .,,,,) WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 sloe Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail:bsalzman@co.weld.co.us COLORADO SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: As we discussed over the phone, the NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES and miscellaneous debris shall be restored, removed or completely SCREENED from all adjacent properties and public rights-of-ways. Any household trash shall be completely removed from the property, as the Weld County Code does not make any exceptions for household trash. Lastly, as we discussed, if you are unable to finish bringing the property into compliance with this additional allotted time period, a Violation Hearing will be scheduled before the Board of County Commissioners. If you wish to request additional time, you will need to do so during this hearing; otherwise, the case will be referred to the County Attorney's Office for immediate legal action. 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 09/15/2008, 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 Office pc: ZCV08-00116 Page 2 of 2 Page 1 of 1 Bethany Salzman From: Melinda Short [melinda.short@bwacpa.com] Sent: Friday, August 08, 2008 11:12 AM To: Bethany Salzman Subject: Case#ZCV08-00116 When I spoke with you last you asked me to keep you updated as to our progress by August 8th. I have been able to work on the property but the progress is slow due to my husband's health condition and I have a limited amount of hours after working two jobs. I would like to request an extension to September 8, 2008 at which time I can give you an update of our progress or inform you we are done—which probably will not be likely, but I still would like to keep in touch with you to let you know I am working on resolving the issue. Thanks for your help and consideration in this matter. You can reach me at the phone or e-mail listed below; I no longer have a home phone. Melinda Short Buckner Wadsworth &Associates, LLP 36 South 18th Avenue, Suite F Brighton,CO 80601 Phone 303.654.0120/Fax 303.654.0463 Email mchnda sho t(a_bwacha.com IMPORTANT EMAIL NOTICE The information and attachments included in this e-mail are confidential and protected from disclosure. If you have received this e-mail in error,please contact us immediately and discard this message. The IRS rules which govern the way we can practice require the following notice: Any tax advice included in this e-mail or attachments is not intended or written to be used,and cannot be relied upon by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer. 8/22/2008 (at fr ser WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 4-6498 E-MaitbsO alzman@coweld.co.us COLORADO July 08, 2008 SHORT MELINDA L 7847 RICHARD ST FT LUPTON, CO 80621 Case: ZCV08-00116 Legal Description: AR8-8 L8 BLK8 ARISTOCRAT RANCHETTES INC SITUS: 7847 RICHARD ST WELD 00000 Dear: SHORT MELINDA L : 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. 23-3-30.1 Noncommercial Junkyard. 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. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. Page 1 of 2 6-;os..\\\ WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I I 918 10th St WEI g C Greeley, CO 80631 Phone: 970-353-6100 X 3555 70-304-6498 E-Mail:bsalzman@co.weld.co.us man@co.wed.o.us COLORADO SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: As we discussed over the phone, the NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES and miscellaneous debris shall be restored, removed or completely SCREENED from all adjacent properties and public rights-of-ways. Any household trash shall be completely removed from the property, as the Weld County Code does not make any exceptions for household trash. Lastly, as we discussed, if this does not grant enough time to finish bringing the property into compliance, you MUST call prior to August 8, 2008; otherwise, this case will be scheduled for a Violation Hearing before the Board of County Commissioners. Once a case has been scheduled, I do not remove it from the docket. 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 08/08/2008, 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 Salzm Zoning Compliance Officer II pc: ZCV08-00116 Page 2 of 2 (111/714*....\\\ WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 hiDe FAX: 970-304-6498 E-Mail: bsalzman@co.weld.co.us • COLORADO June 19, 2008 SHORT MELINDA L 7847 RICHARD ST FT LUPTON, CO 80621 Case: ZCV08-00116 Legal Description: AR8-8 L8 BLK8 ARISTOCRAT RANCHETTES INC SITUS: 7847 RICHARD ST WELD 00000 Dear SHORT MELINDA L: 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: Page 1 of 3 (st/ 6 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 1111 g i Phone: 970-353-6100 X 3555 FAX: 0-304-6498 E-Mail: allzman@co.weld.co.us COLORADO While a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES and miscellaneous debris is an allowed use in the Agricultural zone district, such as Aristocrat Ranchettes, it must be completely SCREENED from all adjacent properties and public rights-of-ways; otherwise, it shall be restored or removed from the property. Any trash shall be removed from the property, the Weld County Code does not make allowances for the presence of trash. 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. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. 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, Page 2 of 3 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 hiDePhone: 970-353-6100 X 3555 FAX: 4-6498 E-Mail: a0lzman@co.weld.co.us COLORADO Bethany Salzman Zoning Compliance Officer II pc: ZCV08-00116 Page 3 of 3 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5215986 Parcel#: 130927207005 Tax Area: 2241 Bordering County: Acres: 0.99 Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 02 - 66 - 27 - 2 ARISTOCRAT RANCHt I I ES INC - 08 - 8 Owners Name &Address: Property Address: SHORT MELINDA L Street: 7847 RICHARD ST WELD \ 7847 RICHARD ST City: WELD V-\ FT LUPTON, CO 80621 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 4/17/1998 $28,000 WD 2607419 Legal Description AR8-8 L8 BLKB ARISTOCRAT RANCHETTES INC SITUS: 7847 RICHARD ST WELD 00000 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Mobile Home 1135 Site Land Subtotal: $60,000 $4,780 No Buildings on Parcel http://maps2.merrick.com/Website/W eld/setSq l.asp?cmd=QUERY&DET=PP&pin=13092... 5/16/2008 Identify Results Page 1 of 1 Mobile Home Valuation Account#: M0087402 Parcel#: 130927207005 Owners Name &Address: Property Address: SHORT MELINDA L Street: 7847 RICHARD ST WELD 7847 RICHARD ST City: WELD FT LUPTON, CO 80621 Business/Complex: Legal Description AR8-8 L8 BLKB ARISTOCRAT RANCHETTES INC IMPS ONLY MOBILE/MODULAR TITLE: 03M745272 SERIAL: GDMHK505796353 YEAR: 1979 MAKE: DIP SITUS: 7847 RICHARD ST WELD 00000 Land Value $0 Land Assessed Value $0 Impr. Value $40,101 Impr. Assessed Value $3,190 Total Value $40,101 Total Assessed Value $3,190 Total Taxes: $190.88 Amount Due: $95.44 Tax Area: Bordering County: Township Range Section Quart. Sec. Subdivison Name Block# Lot# 02 - 66 - 27 - 2 ARISTOCRAT RANCHETTES INC - 08 - 8 Acres: Sq. Ft.: Sale Price Sale Date Deed Type Reception # $0 http://maps2.merrick.com/Website/Weld/setSql.asp?cmd=ACCDET&acct=130927207005... 5/16/2008 DEPARTMENT OF PLANNING SERVICES Code Compliance Divisior wilpC918 10`" Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 354C Fax: (970) 304-649E COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: K ZONING CODE COMPLAINT 1if Staff/tiame 1�+�r fY(i5i 4 Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: 5"i-o O Pending Case#(i.e.99 1.OU, ,,SR RE, SE,ect...):Legal Description: WE S; 13\OC ILat k bbf:CU�a�9' Parcel#: I -&i "'a-oi cos Violation Address: i D`-{ 1 "PN6,TheAci Property Owners Name: SICtAi (NOW VGA. Phone: Property Owners Address: by ky*7Sn t Co W)&'a k Tenant's Name: Phone: Tenant's Address: ,S^ NATURE OF COMPLAINT: "f1 dSrl toreliri \beti&I) ki rni .. dabilles Additional Notes: Ict 1111111 IIIII IIIIII IIIII IIII 1111111 IIIII III Kill IIII 2007418 04/20/1080 03:24P Weld County CO 1 of 1 R 0.00 D 2.80 JA Suki Taukasete WARRANTY DEED THIS DEED, Made this 17th day of April, 1998 between Vernon O. Scoggin of the County of Adams and- State of Colorado, grantor, and Melinda L. Short whose legal address is 7847 Richard Street, Fort Lupton, Colorado 80621 of the County of Weld and State of Colorado, grantees: WITNESSETE, That the grantor for and in consideration of the sus of TWENTY EIGHT THOUSAND AND 00/100, (428,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and aesigns f , all the real property, together with improvements, if any, situate,lying and being in the County of Weld and State of Colorado, described as follows, Lot 8, Block 8, Aristocrat Ranchettes, Inc., Subdivision, a subdivision of Weld _C, County, State of Colorado \p,G also known by street and number as 7847 Richard Street, Fort Lupton, Colorado 80621 � U TOGETHER with all and singular the hereditaments and appurtenances thereto y b.langing,- or in- anywise-appertaining- and-the-reversion- end reversions-, remainder-and- remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained promises, with the hereditananta and appurtenances. TO HAVE AND-TO HOLD-thr said premises above bargained- and-described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convoy the same in manner and fora as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, , encumbrances and restrictions of whatever kind or nature soever, except except general taxes for 1998 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; except Deed of Trust in favor of City Center National Bank recorded 07-07-1987 in Book 1162 as REception No. 2106103 ; Which Buyer has not assumed or agreed to pay and from which Seller shall hold Buyer harmless if payments are timely made on the Note secured by Deed of Trust of even date herewith. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained promises in the quiet and peaceable po ion of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. __// Vernon O. Scoggin V STATE OP COLORADO } se. The foregoing instrument was acknowledged before County of Adams } me this 17th day of April, 1998 by Vernon O. Scoggin Witness my hand and official seal. My commission expires 10-17-98 • MELINDA NOTARY PUBLIC I BA ESS LEO ' is South 4th Avenue No. 932A. Rev. 7- '' C �.., :QO Brighton, COLORADO 80601 9J(OF CO' II MN i tall* SEE cits II i Ili II a a_ aiscHOPIDid I. 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