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Home My WebLink About20070374.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSONERS REGARDING VIOLATION VI#0600352 AGAINST JOHN AND RACHELLE ZAHN 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, John and Rachelle Zahn, VI #0600352, 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 13th day of February, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, John and Rachelle Zahn 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 bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against John and Rachelle Zahn 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. 2007-0374 PL0824 te , L, lrlac_ 03-06.-07 VIOLATIONS -VI #0600352 - JOHN AND RACHELLE ZAHN PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 13th day of February, A.D., 2007. BOARD OUNTY COMMISSIONERS WELD CO ' ��y ATTEST: �� E L c vid E. Long, Chair Weld County lerk to he Boar,, . °f. s lr/� �1861 '' ( ,•4r„ nam . J= r• Tem BY: �— i� iiii► c� 4 Deputy C erk to the Boar• \, , • 7. Willi Gar is AP O E M: � ' `� Robert D. Masden my Attorney er Dougla ademac r Date of signature: 2 O� 2007-0374 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: John & Rachelle Zahn Violation: VI-0600352 Address: 3211 Johnson Lane, Erie, CO 80516 Legal: Lot 3, Block 1, Ranch Eggs Inc., 2nd Filing, Weld County, Colorado Location: East and West and adjacent to CR 7 and South of and adjacent to CR 4 North: Agriculturally zoned properties and Erie and Broomfield South: Broomfield East: Broomfield West: Erie Parcel Number: 1467-34-2-02-026 Acreage: 3.77 +/-Acres Certified mail date: November 17, 2006 Received: December 7, 2006 (Unclaimed) December 14, 2006 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-30.L, 23-3-30.M, 23-3-40, 23-3-40.B and 23-3-40.O of the Weld County Code. REMEDY To bring the property into compliance the following shall occur: ► The Noncommercial Junkyard shall be removed, restored or completely screened from all adjacent properties and public rights-of-ways. D. The number of Commercial Vehicles shall be reduced to 1 (one)and a Zoning Permit for a Commercial Vehicle (ZPCV) application shall be completed and submitted to the Department of Planning Services, all Commercial Vehicles shall be removed from the property or a Use by Special Review application shall be completed and submitted for a Home Business, if applicable. Furthermore, the egg production shall cease to occur or a Use by Special Review shall be submitted. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. CASE HISTORY June 2, 2006 Community letter went out to all property owners in Ranch Eggs Subdivision. August 7, 2006 Initial complaint received. August 7, 2006 Initial inspection completed. 2007-0374 Zahn Page 2,VI-0600352 August 11, 2006 Five day compliance encouragement letter issued. August 23, 2006 Violation letter issued. November 13, 2006 Property inspected. Property remains in violation. November 17, 2006 Letter sent to property owner.indicating that the violation case was scheduled before the Board of County Commissioners. December 7, 2006 Certified letter returned as "Unclaimed— Unable to Forward". December 14, 2006 Re-sent letter to property owner indicating that the violation case was scheduled before the Board of County Commissioners. Sent via regular US Postal Service and via Certified mail. January 9, 2007 The Board of County Commissioners continued this Violation Hearing to the , February 13, 2007 Violation Hearing per the applicants request. January 10, 2007 Letter sent via regular mail to property owner indicating that the violation case was re-scheduled before the Board of County Commissioners. January 11, 2007 I handed a copy of the letter to an individual who stated he resided on the property. February 1, 2007 Received the original Violation Hearing notification returned as "Unclaimed". S1 - 1 W _ , �m QUO • ✓f W u 2�' ANNING SERVICES ( � l �� N `— — Compliance Division f & 4 CPU -. f _ NORTH OFFICE f't4 m LL 9 18 10T" Street Q r - REELEY, CO 80631 I °s ' 0 J _ W.CO.WELD.CO.US _,. ,. Weld County Planning Department manco.weld.co.us —:' GREELEY OFFICE 353-6100, Ext. 3555 `t_. , _ =AX: (970) 304-6498 COLOR. .•'r FEB 0 1 2007 _sue= c _E UTHWEST OFFICE RECEI V®�E� - 4209CR24.5 S - JGMONT, CO 80504 a - 6524210, Ext. 8730 a _ =AX: (720) 652-4211 maimo o December 14, 2f a z • a 4 ,- a - MR. & MRS. JOE -1 NZ 3211 JOHNSON �' O i- = J CO ERIE, CO 8051 N .:0 -, p o 0) �...) cn Subject: VI CC M O O Colorado °a Dear Mr. & Mrs. . co The w w ,property rty ref( U � ui i 'e scheduled a meeting with the > i t to consider the violations occun:e w ' 'olation of the following Secti z cn tll z Chapter 25 2 g Section 23 a c Section 2 '- -J o . Section 23 u- ' Section 23- 0 Q age on agricultural z M ire part ofamapor 2 — dons in the A(Agric i- o on lots in an approuj filed prior to the w z r' ultural) Zone Distri 7: •' o O lined in Sec. 23-4-1 ` Section 23- i• , _ Q ;LE on property or -r 0recorded sr • O ton or of any regula O ive (5) COMMERC U cres in size when as the number oft len the property is I /filch 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." Weld County Department of Planning Services Igoe Inspection Report COLORADO 918 10t° St Greeley, CO 80631 Date of Inspection: Permit/Case No.: VI- Property Owner Name: t__. ( l(li t Address: ..;-.1)Z 1 \I fN4." C'C) Upon a( )(on-site)inspection of the property listed above,the following items were noted: tit t > rat rn t �--� . ."Y\1,;(c)u.,v( t r.{_! 'v G KI . y 't wed (fi, A L1':,,itir\_.1 rner, 4��l.r<.icAL) ;V\ 1. y- .::1 • re. Inspection by: r� Contact Name: .6 `mil Contact Phone Number: 970-353-6100, Ext.3555 or Ext. 3566 Copy of this inspection was: Pictures taken during inspection: O Yes Cio . l a DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman(ahco.weld.co.us lO PHONE: (970) 353-61 00, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE • 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Via( �r\i( January 10, 2007 J � Oa- _ Irtx- MR. & MRS. JOHN ZAHN t� 4c , { }( fLtx vb 1 e Painfr 3211 JOHNSON LN ERIE, CO 80516 Subject: VI-0600352, Lot 3, Block 1, Ranch Eggs Inc., 2nd Filing, Weld County, Colorado Dear Mr. & Mrs. Zahn: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on February 13,2007,at 10:00 a.m.,to consider the violations occurring on the property. The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article III, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial Junkyard." Section 23-3-30.L "Up to two(2)semi-trailer(s)may be used for accessory storage on agricultural parcels not in an approved or recorded subdivision plat,or lots which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District. (One(1)semi-trailer used as accessory storage on lots in an approved or recorded subdivision plat, or lots which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, maybe permitted according to the procedure and requirements outlined in Sec. 23-4-165 of this Chapter for the purpose of storing goods inside the unit." Section 23-3-30.M "Parking and operation of, one (1) COMMERCIAL VEHICLE on property on 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) `cs, 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." �� C Mr.&Mrs.Zahn Page 2,VI-0600352 To bring your property into compliance with the Weld County Code: ► The NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES and concrete shall be removed, restored or completely SCREENED from all adjacent properties and public rights-of-ways. ► The COMMERCIAL VEHICLES shall be removed or appropriately permitted. 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 10`h 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. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. 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. 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; is not registered with the State, as required by Section 42-3-103, C.R.S., or by Section 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. 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. Mr.8 Mrs.Zahn Page 3,VI-0600352 This hearing will take place in our Hearing Room, located at 918 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, ()Oa hOilt Bethany Salzm n Zoning Compliance Officer II pc: VI-0600352 Department of Planning Services Bruce Barker, County Attorney r. ...sesetY Edwards �rrr- 1 MITI r � Cox L � � . 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