HomeMy WebLinkAbout20072849 RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
ZCV#0701039 AGAINST ZAPIEN BROS CONCRETE, INC. 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,Zapien Bros Concrete, Inc.,ZCV#0701039,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 14th day of August, 2007, 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 September 11, 2007, to allow adequate time for the property
owner to be notified of the violation hearing date, and
WHEREAS, on the 11th day of September, 2007, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Zapien Bros Concrete, Inc. 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 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 Zapien Bros Concrete, Inc. 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.
2007-2849
PL0824
PL, 1/W —
VIOLATIONS - ZCV#0701039 - ZAPIEN BROS CONCRETE, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of September, A.D., 2007.
;1 b.'♦ BOARD OF COUNTY COMMISSIONERS
�` WEL OUNTY, COLD DO
ATTEST: 04/ .�l R1 r of
David E. Long, Chair
Weld County Clerk to t � "• . fig
EXCUSED yq�
William Jer �k -Tem
BY: 7
De.%ty Cle to the Boa
William F. Garcia
AP D AS T Cf a�� 6•.
16--
Robert D. Masden
oui y Atto
ougla Rademac r
Date of signature: 9 134(0 7
2007-2849
PL0824
Violation Summary Report
BASIC INFORMATION
ZAPIEN BROS CONCRETE INC PO BOX 1370 BRIGHTON, CO 80601
Tenant:
Compliance Officer: Bethany Salzman
Violation Number: ZCV07-01039
Situs Address: 1884 GRACE AV
Legal: 20044 PT NE4 25-1-67 BEG AT SW COR BLK7 WATTENBERG SLY ON E
R/W ABDN DL& NWRR 200' E200' N200'W200' TO BEG (1A M/L) 1884
GRACE AV WELD 80621
Location: Location South of and adjacent to CR 6
North Agricultural zoning with minimal residential uses
South Agricultural zoning with primarily gravel mining uses
East Agricultural zoning with primarily gravel mining uses
West Agricultural zoning with minimal residential uses
Parcel Number: 146925100004-R6061486 Acreage: 0.92
Certified Mail Date: 07/27/2007
08/15/2007
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.
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.
DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way
or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-20'
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors
or vehicles customarily operated in a FARMING operation.
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 P'
Services. 2007-2849
Violation Summary Report
REMEDY
• The COMMERCIAL VEHICLES shall be removed from the property or appropriately permitted. You are
allowed to maintain 1 (one) Commercial Vehicle without any permits. All derelict Commercial Vehicles
shall be removed.
The NONCOMMERCIAL VEHICLES consisting of DERELICT VEHICLES, vehicle parts, trash and
miscellaneous debris shall be removed, restored or completely SCREENED from all adjacent properties
and road rights-of-ways.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
05/23/2007 Complaint Validated
05/23/2007 LTTR: 5 Day Letter
06/25/2007 LTTR: Violation Notice
07/27/2007 LTTR: Hearing Notification
08/15/2007 LTTR: Hearing Notification
08/15/2007 Reschedule
OTHER CASE HISTORY
05/23/2007 Property Inspected I left a note taped to their back garage door-the door
which appeared to be utilized. Deputy Ornales and I
walked through Wattenburg leaving tags on all vehicles
parked in the road right-of-way. We stopped at this
property due to the complaint regarding commercial
vehicles. I taped the 5 day letter to the door. See above.
08/28/2007 Property Inspected I went to the property and hand delivered a copy of the
Violation Hearing Notification to one of the drivers. He
said he would get it to the owner.
08/28/2007 Other Violation Hearing Notification - Certified letter returned as
"Unclaimed" ((08/14/07)).
C T OF PLANNING SERVICES
eat Compliance Division
" Cy� o , NORTH OFFICE
#011tikt arm ,
tl �� w
c 918 10th Street
I = O�� N c Greeley, CO 80631
U
Gc c N - o p ' ss: bsalzman@co.weld.co.us
et..?- �1 O v ber: 720-652-4210 x 8739
° ll
� N ° a q 720-652-4211
L7-1
¢ ' N ft SOUTHWEST OFFICE
so3 Nn s o z N 4209 CR 24.5
COLORAD►f o o 2 a m Longmont, CO 80504
-,� : " WW1. ic o ne: (720) 652-4210, Ext 8730
:I3••. Y OMr0
July 27, 2007 : _ a I- _
ZAPIEN BRO, el »W
PO BOX 137C_ 'Ti la z =
BRIGHTON, (- ft J —
a =
0
Violation Nurr o z w o
m -
Legal Descrip MI o I- X =
20044 PT NE a •-• H v ABDN DL & NWRR 200'
E200' N200' u a z o m
_ In O m
ZAPIE CO o
CO N-
TheDear property r` m —cc n o C) we scheduled a
meeting with w o = 11.1
w Al aam T7
o Key
The above m 5 peQG . , ne Weld County
Code: z 1\1'<cb \�1 0
Chaptet Otis ��' L� ID
23-3-2C z e�2, cep\ �� % _ 49
23-3-30 - o v
23-3-30 P P��`
23-3-40 O z �V y,,;
23-3-40 z v V �e SIF by Special
Review w ≥ ay is not a lot in
an appr l- o prior to adoption
of any r ¢ Lai o II not be permitted
to use 1 w z o
p Q . a4'�3'e..
DEREL F ' F V2 own power); is
partially Z ® < is substantially
damag Ca(�' ction 42-3-103,
42-3-1: z C t permanently
attache o Mallta g proper
equiprr N •�U ad rights-of-way
or othe ections 42-4-202
to 42-2 ry, farm tractors
or Vehicles LUJIVI Ildl Hy uIc,o..;.. ,,, u . . .. _ _ ._..
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
DF \RTMENT OF PLANNING SERVICES
Kikeitt 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
SOUTHWEST OFFICE 4209 CR 24.5
Longmont, CO 80504
COLORADO Phone: (720)652-4210, Ext 8730
August 15, 2007
ZAPIEN BROS CONCRETE INC
PO BOX 1370
BRIGHTON, CO 80601
Violation Number: ZCV07-01039
Legal Description:
20044 PT NE4 25-1-67 BEG AT SW COR BLK7 WATTENBERG SLY ON E R/W ABDN DL & NWRR 200'
E200' N200' W200' TO BEG (1A M/L) 1884 GRACE AV WELD 80621
Dear ZAPIEN BROS CONCRETE INC:
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.
23-3-30.1 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.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way
or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors
or vehicles customarily operated in a FARMING operation.
NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD
may also include the storage or keeping of DERELICT VEHICLES registered last or currently
registered under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
DFl \RTMENT OF PLANNING SERVICES
(it4 Compliance Division
NORTH OFFICE
918 10th Street
CO
Greeley, C 80631
Email Address: bsalzman@co.weld.co.us int g C
Phone Number: 720-652-4210 x 8739
Fax Number: 720-652-4211
SOUTHWEST
OFFICE
FC IC 24.5 4209COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
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:
The COMMERCIAL VEHICLES shall be removed from the property or appropriately permitted.
You are allowed to maintain 1 (one) Commercial Vehicle without any permits. All derelict
Commercial Vehicles shall be removed.
The NONCOMMERCIAL VEHICLES consisting of DERELICT VEHICLES, vehicle parts, trasf
and miscellaneous debris shall be removed, restored or completely SCREENED from all
adjacent properties and road rights-of-ways.
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 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.
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: ZCV07-01039
Department of Planning Services
Bruce Barker, County Attorney
U.S. Postal Service.„
CERTIFIED MAIL, RECEIPT
la (Domestic Mail Only;No Insurance Coverage Provided)
F.r•elivery inf.rmati. .n visit.ur we•site at www,us.s.c rtte
r
OFFICIAL ubc
Postage $
fL
p Certified Fee
p Postmark
p Return Receipt Fee —
(Endorsementequirad) Here
C.. Restricted n Required)
eFee —
rl (Endorsement Rqu •
c0 $
p Total Postage&Fees
-a
Op Sent Tommy ' no
N Street Apptt No.; ,''"" �5•�•
or PO Box No. Pe t )f• y,/ \��O
Crty,Stets,ZIPt �—�re�
k.el II 4e 0211
PS Form 3800.June 2002 See Reverse for Instructions
Violation Summary Report
BASIC INFORMATION
Owner Owner Address City State Zip
ZAPIEN BROS CONCRETE INC Po leciir, utkc nl (17 tloot
Tenant:
Compliance Officer: Bethany Salzman
Violation Number: ZCV07-01039
Situs Address: 1884 GRACE AV
Legal: 20044 PT NE4 25-1-67 BEG AT SW COR BLK7 WATTENBERG SLY ON E
R/W ABDN DL & NWRR 200' E200' N200' W200' TO BEG (1A M/L) 1884
GRACE AV WELD 80621
Location: Location South of and adjacent to CR 6
North Agricultural zoning with minimal residential uses
South Agricultural zoning with primarily gravel mining uses
East Agricultural zoning with primarily gravel mining uses
West Agricultural zoning with minimal residential uses
Parcel Number: 146925100004-R6061486 Acreage: 0.92
Certified Mail Date: 07/27/2007
Currently the property is in violation of:
2007-2543
Violation Summary Report
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.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way
or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-20;
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors
or vehicles customarily operated in a FARMING operation.
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 Planninc
Services.
REMEDY
The COMMERCIAL VEHICLES shall be removed from the property or appropriately permitted.
are allowed to maintain 1 (one) Commercial Vehicle without any permits. All derelict Commercia
Vehicles shall be removed.
The NONCOMMERCIAL VEHICLES consisting of DERELICT VEHICLES, vehicle parts, trash ar
miscellaneous debris shall be removed, restored or completely SCREENED from all adjacent
properties and road rights-of-ways.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
05/23/2007 Complaint Validated
05/23/2007 LTTR: 5 Day Letter
06/25/2007 LTTR: Violation Notice
07/27/2007 LTTR: Hearing Notification
OTHER CASE HISTORY
05/23/2007 Property Inspected I left a note taped to their back garage door-the
door which appeared to be utilized. Deputy
Ornales and I walked through Wattenburg leaving
Violation Summary Report
tags on all vehicles parked in the road
right-of-way. We stopped at this property due to
the complaint regarding commercial vehicles. I
taped the 5 day letter to the door. See above.
G \RTMENT OF PLANNING SERVICES
Kit (` Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
in C• Phone Number: 720-652-4210 x8739
Fax Number: 720-652-4211
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
July 27, 2007
ZAPIEN BROS CONCRETE INC
PO BOX 1370
BRIGHTON, CO 80601
Violation Number: ZCV07-01039
Legal Description:
20044 PT NE4 25-1-67 BEG AT SW COR BLK7 WATTENBERG SLY ON E R/VV ABDN DL & NWRR 200'
E200' N200' W200' TO BEG (1A M/L) 1884 GRACE AV WELD 80621
Dear ZAPIEN BROS CONCRETE INC:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:d}
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.
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.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way
or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors
or vehicles customarily operated in a FARMING operation.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD
may also include the storage or keeping of DERELICT VEHICLES registered last or currently
registered under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
D \RTMENT OF PLANNING SERVICES
(77‘..N.\\ Compliance Division
•
NORTH OFFICE ilitcr 918 10th Street
CO
Greeley, C 80631
Email Address: bsalzman@co.weld.co.us
' 0 I ill Phone Number: 720-652-4210 x 8739
720-652-4211
. Fax Number: SOUTH EST OFFICE
4209 R 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
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:
The COMMERCIAL VEHICLES shall be removed from the property or appropriately permitted.
You are allowed to maintain 1 (one) Commercial Vehicle without any permits. All derelict
Commercial Vehicles shall be removed.
The NONCOMMERCIAL VEHICLES consisting of DERELICT VEHICLES, vehicle parts, trash
and miscellaneous debris shall be removed, restored or completely SCREENED from all
adjacent properties and road rights-of-ways.
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 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.
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: ZCV07-01039
Department of Planning Services
Bruce Barker, County Attorney
•
U.S. Postal Service.., •
c CERTIFIED MAIL RECEIPT •
ru (Domestic Mail Only;No Insurance Coverage Provided)
ru
for delivery information visit our website at www.usps.com5:.
rn
Postage $
ra Certified Fee
Return Receipt Fee Postmark
(Endorsement Required) Here
im Restricted Delivery Fee
,a (Endorsement Required)
a
r R Total Postage&Fees $
Sent To
o _ ZABIEN__IRQS_..GQNCR≥~I.E__INC
(� Street,Apt.No.;
or PO Box No.PO Box_U70
I City.State,ZIP+0
BRIGHTON CO 80601
PS Form 3800,June 2002 See Reverse for Instructions'.
Dr RTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
K
L....\\\
918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
Phone Number: 720-652-4210 x 8739
Fax Number: E 651
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720)652-4210, Ext 8730
•
Fax: (720)652-4211
June 22, 2007
ZAPIEN BROS CONCRETE INC
PO BOX 1370
BRIGHTON, CO 80601
Legal Description: ZCV07-01039
20044 PT NE4 25-1-67 BEG AT SW COR BLK7 WATTENBERG SLY ON E R/W
ABDN DL& NWRR 200' E200' N200' W200' TO BEG (1A M/L) 1884 GRACE AV
WELD 80621
Dear: ZAPIEN BROS CONCRETE INC :
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.
23-3-30.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. (Weld
County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County
Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code
Ordinance 2006-2; Weld County Code Ordinance 2006-4)
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.
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.
DERELICT VEHICLE vehicle that is inoperable (unable to move ier its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way
or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or
vehicles customarily operated in a FARMING operation.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals, paper,
rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also
include the storage or keeping of DERELICT VEHICLES registered last or currently registered
under the property owner and/or 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 o
To bring your property into compliance with the Weld County Code:
The COMMERCIAL VEHICLES shall be removed from the property or appropriately
permitted. You are allowed to maintain 1 (one) Commercial Vehicle without any permits.
All derelict Commercial Vehicles shall be removed.
The NONCOMMERCIAL VEHICLES consisting of DERELICT VEHICLES, vehicle parts,
trash and miscellaneous debris shall be removed, restored or completely SCREENED from
all adjacent properties and road rights-of-ways.
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
07/25/2007, 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: ZCV07-01039
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
Compliance Division
tt NORTH OFFICE
9181 Street
raft
Greeley, COO 8 1
Email Address: bsalzman@co.weld.coco.us
Phone: 720-652-4210 x 8739
Fax: 720-652-4211
SOUTHWEST OFFICE
4209 CR 24.5
� /-+��pp Longmont, CO 80504
COL
ORADO Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
May 23, 2007
ZAPIEN BROS CONCRETE INC
PO BOX 1370
BRIGHTON, CO 80601
Legal Description: ZCV07-01039
20044 PT NE4 25-1-67 BEG AT SW COR BLK7 WATTENBERG SLY ON E R/W
ABDN DL & NWRR 200' E200' N200' W200' TO BEG (1A M/L) 1884 GRACE AV
Dear ZAPIEN BROS CONCRETE INC:
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 additional permits. 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: ZCV07-01039
Department of Planning Services
Bruce Barker, County Attorney
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R6061486 Parcel#: 146925100004
Tax Area: 2502 Bordering County:
Acres: 0.92
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
01 - 67 - 25 - 1 -
Owners Name & Address: Property Address:
ZAPIEN BROS CONCRETE INC Street: 1884 GRACE AV WELD
PO BOX 1370 City: WELD
BRIGHTON, CO 80601
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
6/9/2004 $215,000 WD 3188756
Legal Description
20044 PT NE4 25-1-67 BEG AT SW COR BLK7 WATTENBERG SLY ON E R/W ABDN DL & NWRR
200' E200' N200' W200' TO BEG (1A M/L) 1884 GRACE AV WELD 80621
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
yP Measure Units Value
Commercial 2135 Square Feet 40000
Land Subtotal: 40000 $60,000 $17,400
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
1 Commercial
Improvements Subtotal: $205,500 $59,600
Total Property Value $265,500 $77,000
Building Details
Account#: R6061486 Parcel#: 146925100004
http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14692... 5/23/2007
Identify Results Page 2 of 2
Owners Name & Address: Property Address:
ZAPIEN BROS CONCRETE INC Street: 1884 GRACE AV WELD
PO BOX 1370 City: WELD
BRIGHTON, CO 80601
Building# Property Type
1 Commercial
Individual Built As Detail
Built As: Storage Warehouse Year Built: 1910
Exterior: HVAC: Space Heater
Interior Finish: Built As SQ Ft: 10800
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# 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/W e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=14692... 5/23/2007
756 WARRANTY DEED
THIS DEED,dated June 9, 2004 I 11111 11111 11111111
between Clyde E. Backlund 3188756 0611412004 11:07A Weld County, CO
1 of 3 R 16.00 0 21.50 Steve Moreno Clerk&Recorder
ofihe said *County of Mesa and
Sum of Colorado
grantor's)and Zapien Bros. Concrete, Inc. a Colorado corporation
whose legal address is P.O. Box 1370
Brighton, CO 80601
of the County of and State of Colorado ,gr`nm'(s}
WITNESSED',that the granters),for and in consideration of the stun of ($215,000.00
Two hundred fifteen thousand dollars and no cents
the receipt and sufficiency of which is hereby acknowledged,ha granted.bargained,sold and conveyed,and by these presents do grant,bargain,sell,
convey and confirm,unto the grantee's), heirs and assigns forever,all the real property together with improvements,if any,altuete,lying and
being in the said county of Weld Smm of Colorado
described as follows:
LOT 8, BLOCK 7, AND ALL OF RUTH PLACE BETWEEN THE NORTH AND SOUTH EXTENDED
PROPERTY LINES OF SAID LOT 8, IN THE TOWN OF WATTENBERG, COUNTY OF WELD, STATE OF
COLORADO
PARCEL 2: THAT PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 25, IN
TOWNSHIP 1 NORTH, OF RANGE 67 WEST OF THE 6TH P.M. , DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 7, IN THE TOWN OF WATTENBERG; THENCE
(Continued)
1884Grace Ave.&Vacant Land
also known by sheet and number as:
assessor's schedule orparcel number Wattellbur9, CO 80622
TOGETHER with all and singular the heredimmenrs and appurtenances thereto belonging,or in anywise apperlaining,the reversion and
reversions,remainder and remainders,rents,issues and profits thereof,and all the eelate,right,title,interest,claim and demand whatsoever of the
grantor's),either in law or equity,of,in and to the above bargained premises,with the hereditament,end appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,his heirs and assigns
forever. The gastor,for himsel[his heirs and personal representatives,does covenant,gr%vt bargain,and agree to with the grantee,his heirs and assigns,
that at the dine of the unsealing and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute and
indefeasible estate of inheritance,in law,in fee simple,and bits good right,full power and lawful authority to grant,bargain,sell and convey the same
in manner and form aforesaid,and that the cone am Gee and clear from all former and other grants,bargains,sales,liens,taxes,assessments,
encumbrances,end manicfions of whatever kind or nature sower,except
see Exhibit B attached hereto and incorporated herein by this reference.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee,
his hens 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 singular,and the use of any gender shall be applicable to all gander.
IN WITNESS WHEREOF,the r has exe d this deed on the data set forth absve.
e ace un
STATE OF COLORADO
said county of Adams } a
The foregoing instrument was acknowledged before me this 9th day of June 2004
by Clyde E. Backlund .........1314:%%
S Z::
i MARIANNE•? % Witness my hand and official seal
AMBERG My commission expires November 5, 2007
fftt ..• ,r��S V✓a--�_/��y/f
49r• • ... • 'P- Cuts. 2 r.. a�
4�OF coc Maria a Amber$ Ifidtary public
•If not in Denver,insert"City and". area r�
rT', f.o.(3D I3-40
Pan FS("K'r`. Co curet I
Name and Address n Creating Newly Created Legal Description(38.35.1065,C.RS.)
LTD
D
SOUTHWESTERLY ALONG ' EASTERLY LINE OF THE RIGHT OF WAY OF TM' '.LAVER, IL66MIE, AND
NORTHWESTERN RAILROk 200 FEET; THENCE EASTERLY 200 FEET; THENL .!OATH AT RIGHT ANGLES,
200 FEET, MORE OR LESS, TO INTERSECTION WITH THE SOUTH LINE OF BLOCK 6, TOWN OF
WATTENBERG; THENCE WESTERLY 200 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, COUNTY OF
WELD, STATE OF COLORADO
e
111111 11101611114112001 14111 lt 1111111$111 III lii l t VIII
23188756 01 3 R 16.00 D 21.50 Steve Moreno Clerk&Recorder
• 111111111111111111111111111 Inn ;1i11 III 11111 1111 1111
3188756 06/14/2004 11:07A Weld County, CO Case No. LT00164957 B
3 of 3 R 16.00 D 21.50 Steve Moreno Clerk& Recorder
EXHIBIT B
1. All taxes and assessments, now or heretofore assessed, due or payable.
2. Reservations by the Union Pacific Land/Railroad company of (1) all oil, coal, and other
minerals underlying the land, (2) the exclusive right to prospect for, mine and remove
oil, coal and other minerals, and (3) the right of ingress and egress and regress to
prospect for, mine and remove the oil, coal and other minerals, all as contained in Deed
recorded March 3, 1882 at Reception No. 40359, and any and all assignments thereof or
interests therein.
As limited by instrument recorded April 14, 1971 in Book 644 at Reception No. 1565712 and
instrument recorded December 18, 1998 at Reception No. 2661201, wherein the Union Pacific
Land Company relinquished its rights to enter upon or damage the surface to the
property.
3 . The effect of Notice Concerning Underground Facilities of United Power Inc. recorded
January 24, 1991 at Reception No. 2239296.
4. The effect of Request for Notification of Surface Development recorded May 28, 2002 at
Reception No. 2954695.
5. The effect of Subdivision Exemption No. SE-793 recorded September 11, 2001 at Reception
No. 2882692. .
6. The effect of Underground and Utility Permit recorded DEcember 31, 1987 at Reception No.
2126512.
7 . The effect of Concerning Underground Facilities recorded June 26, 1986 at reception No.
2058722.
8. An easement electric transmission and/or distribution lines and incidental purposes
granted to Union Rural Electric Association, by the instrument recorded in Book 647 at
Reception No. 1569207, upon the terms and conditions set forth in the instrument.
Exceptions Numbered 1, 2, 3, and 4 will be deleted from the Loan Policy, when issued.
6:476
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