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HomeMy WebLinkAbout20070073.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ROGER AND EILEEN DEITERMAN 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, Roger and Eileen Deiterman, VI #0000055, 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 9th day of January, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Roger Deiterman, 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 July 9, 2007, to allow adequate time for the property owners 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 VI #0000055 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Roger and Eileen Deiterman to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until July 9, 2007, to allow adequate time for the property owners to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights-of-way to bring the subject property into compliance. 2007-0073 PL0824 Co PL, V(oc-- 0 _o7 VIOLATIONS -VI #0000055 - ROGER AND EILEEN DEITERMAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D., 2007. BOARD OF COUNTY COMMISSIONERS �/ W COUNTY, COLORADO ATTEST: g � /.�� ` ^^ `��r V-4 p E. Long, Chair Weld County Clerk to the Board v n _ 1861 1rity 1 J , r -Tem BY: _ Deputy Clerk to the Board f �° ,P1 i m F. Garcia (' APPR AS TO F AWt')_ Robert D. Masden u Attorney oug as ade cher Date of signature: 1/2 S7/07 2007-0073 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Roger& Eileen Deiterman Violation: VI-0000055 Situs Address: 7189 CR 8, Erie, Colorado 80516 Mailing Address: PO Box 671, Erie, Colorado 80516 Legal: Part of the SW4SW4 of Section 17, T1 N, R67W of the 6t°P.M., Weld County, Colorado Location: North of and adjacent to CR 8 and East of and adjacent to CR 25 North: Agricultural and Dacono City Limits South: Agricultural and Dacono City Limits East: Agricultural West: Agricultural and Dacono City Limits Parcel Number: 1469-17-0-00-021 Acreage: 39 +/- Certified mail date: November 30. 2006 Received: 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, 23-3-40, 23-3-40.0 and 23-3-40.AA of the Weld County Code. REMEDY To bring the property into compliance the"Noncommercial Junkyard" shall be restored, removed or completely screened from all adjacent properties and public rights-of-way. The semi trailers shall be reduced to two and the cargo containers shall be reduced to one. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office, but to delay legal action for 60 days. CASE HISTORY April 12, 2000 Initial complaint received. August 28, 2000 Initial inspection completed. August 29, 2000 Five day compliance encouragement letter issued. September 6, 2000 Violation letter issued. May 16, 2005 Property inspected. Property remains in violation. May 18, 2000 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. rk 2007-0073 May 27, 2005 Received letter from property owners explaining what they have started doing on the property. June 3, 2005 Received letter from property owners stating they had spoke with Planner, Chris Gathman. They explained what they had on the property and some of the activity being conducted on the site. June 8, 2005 Letter sent requesting them to contact me, as I had no number to contact them. June 14, 2005 Violation Hearings. Referred back to Planning. November 30, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. December 19, 2006 Property owner called and stated they received hearing notification and would try to have property into compliance before January's hearings a DEPARTN,_IJT OF PLANNING SERVICES North Office Code e Compliance y, CO80631 918 10`h Street, Greeley, C 80631 W W W.CO.W ELD.CO.US E-mail Address: asiron@co.weld.co.us Phone (970)353-6100, Ext. 3566 O Fax (970) 304-6498 • Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720) 652-4211 *Si\ 9J- k I CO$ud November 30, 2006 Roger& Eileen Deiterman PO Box 671 Erie, CO 80516 Subject: VI-0000055, Part of the SW4SW4 of Section 17, T1 N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Deiterman: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 9,2006 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 Ill, 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 23-3-40 "Uses by Special Review" Section 23-3-40.0 "More than one(1) semi-trailer 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; and more than two(2)semi-trailers on agricultural parcels not in an approved or recorded subdivision plat of 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." Section 23-3-40.AA "More than one (!) cargo container per legal lot or parcel. (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 2005-01; Weld County Code Ordinance 2006-2)" To bring the property into compliance: The "Noncommercial Junkyard" consisting of derelict vehicles, auto parts and other miscellaneous debris shall be restored, removed or completely screened from all adjacent properties and public rights-of-way. The semi-trailers shall be reduced to two and maintain current registration and the cargo containers shall be reduced to one. Should the property km Dught into compliance by January 8, 200, a case will be removed from the docket; otherwise, hearings will continue as scheduled. 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. 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. 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. 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, An iron • Zoning Compliance Officer pc: VI-0000055 Department of Planning Services Bruce Barker, County Attorney a DEPARTM.-..T OF PLANNING SERVICES (itNorth Office Code e Compliance y, CO8063n 918 10th Street, Greeley, C 80631 WWW.CO.WELD.CO.US ig E-mail Address: asiron@co.weld.co.us Phone (970) 353-6100, Ext. 3566 O Fax (970)304-6498 Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 August 30,2006 Roger& Eileen Deiterman PO Box 671 Erie, CO 80516 Subject:VI-0000055, Part of the SW4SW4 of Section 17, T1 N, R67W of the 6th P.M.,Weld County, Colorado Dear Mr. & Mrs. Deiterman: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on November 14, 2006 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" To bring the property into compliance: The "Noncommercial Junkyard" consisting of derelict vehicles, auto parts and other miscellaneous debris shall be restored, removed or completely screened from all adjacent properties and public rights-of-way. The semi trailers shall be reduced to two and maintain current registration and the cargo containers shall be reduced to one. Should the property be brought into compliance by November 13,2006 the case will be removed from the docket; otherwise, hearings will continue as scheduled. 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 VEHICELS. 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. 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. 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. 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, Servicem, Ann iron R• D MAIL, RECEIPT Zoning Compliance Officer 5° ail Only;No Insurance Coverage Provided) ece pc: VI-0000055 r` yint•rmat, nvisit•ur we.site at www us•s.c.m,- r Department of Planning Services I r t _r: rb �. I ,ti Bruce Barker, County Attorney S Postage $ O Certified Fee 0 Postmark O Return t Re Fee Hare (Endorsement Required) H r'se Delivery Rivery Fee - 'n (Endorsement ctedolivery Required) a Total Postage 8 Fees u'1 ICI Sent re (7tE4 cgwlccnDtht cc n r` Street.Ap.No.; or PO9ox No. Y t /R I City,State.Z/P+4 t ' 4 `;D • Weld County Department of Planning Services VineInspection Report 91810`St Greeley,CO 80631 Date of Inspection: - -3-C1 C)l..o Permit/Case No.: V i ' = i Property Owner Name: 1 ' illt .I , Address: 1 t Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: LULL Le l" hl ' i.t )-$ ('(i •It\C) V/ C �_ll_iZ ( r`'N'-- Inspection by: � Contact Name: Contact Phone Number:970-353-6100,Ext.3555 1 Copy of this inspection was' O t e�ailed on: Pictures taken during inspe ction: O Yes e"No DEPARTMENT OF VLANNING SERVICES rs North Office Code Compliance Division 918 i e: Street, Greeley, CO O.0 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us III gI Phone: (970) 353-61O0, Ext. 3566 C Fax: (970) 304-6498 O Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE July 21, 2006 Roger and Eileen Deiterman PO Box 671 Erie, CO 80516 Subject: VI-0000055, Part of the SW4SW4 of Section 17, T1 N, R67W of the 6`" P.M., Weld County, Colorado Dear Mr. & Mrs. Deiterman: 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 Ill, 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 23-3-40 "Use by Special Review" Section 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 subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring your property into compliance with the Weld County Code: According to the recent Code changes you will be allowed to have two semi trailers (with current registration)and one cargo container that may be used for storage without having to obtain any permits. Anything over the limit will require a Zoning Permit for an Accessory Structure which is to be renewed annually. Any derelict vehicles shall be restored, removed or completely screened from all adjacent properties and public rights-of-way. DERELICT VEHICLE: r,vehicle that is inoperable(unable to move unur 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 424-202 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. 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. 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 30 (thirty) days from July 21, 2006, 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,114:OO au\Ann Siron Zoning Compliance Officer pc: VI-0000055 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF rLANNING SERVICES North Office br , Code Compliance Division 918 10th Street, Greeley, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us 111 DPhone: (970)353-6100, Ext. 3566 CFax: (970) 304-6498 O Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE August 29, 2005 Roger& Eileen Deiterman PO Box 671 Erie, CO 80516 Subject: VI-0000055, Part of the SW4SW4 of Section 17, T1 N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Deiterman: 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 Ill, 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 23-3-40 "Uses by Special Review" Section 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 a n approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: After discussing with staff, it was determined that the semi trailers would not be permitted to use as storage. Therefore,a Use by Special Review(USR)permit shall be obtained or the y shall be removed from the property. A ZPAS permit would need to be obtained for each cargo container and the permit is only good for a year, where your case would be presented annually before the Board of County Commissioners for review and the fee of$300, for each container, would need to be paid annually as well. For questions, I suggest you speak to one of our"On-Call" Planners. To better serve the public, we have two locations open. Our North office is located at 918 10th Street, Greeley, Colorauu. At our North office,an"On-Call"Planner is 0wailable,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 12:30-4:30 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. The "Noncommercial Junkyard" consisting of derelict vehicles, any unused agricultural equipment, propane tanks and miscellaneous debris shall be restored, removed or completely screened from all adjacent properties and public rights-of-way. A letter shall be submitted to the Department of Planning Services explaining the use for the building materials along with a time frame as to how long it will be until the material will be used. 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 VEHILCES 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 right-of-way. 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. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rages; 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. 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. 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 90 (thirty)days from August 29, 2005, 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, Ann Siron Zoning Compliance Officer pc: VI-0000055 Department of Planning Services Bruce Barker, County Attorney • SERVICE,TEAMWORK,INTEGRITY,QUALITY .1 County Planning Department GREELEY OFFICE JUL 8 2005 -doss RECEIVED HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION A public hearing was conducted on June 14, 2005, at 10:00 a.m., with the following present Commissioner William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tem Commissioner David E. Long Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Donna Bechler County Attorney, Bruce Barker Planning Department representative, Bethany Salzman Planning Department representative, Peggy Gregory Planning Department representative,Ann Siron Planning Department representative, Wend! Inloes The following business was transacted: I hereby certify that a public hearing was conducted to consider whether to authorize the County Attorney to proceed with legal action against the Individuals named for violations of the Weld County Zoning Ordinance. Cases were heard as follows: VI#0400140-GONZALEZ:Peggy Gregory,Department of Planning Services,presented the case report for the record and pursuant to the case file, this property is in violation of Section 29-8-40 of the Weld County Code. To bring the property into compliance, the mobile home must be demolished and a final inspection completed. Responding to Commissioner Geile, Ms. Gregory stated the permit that was taken out for this mobile home was for demolition purposes; however, the mobile home has not been demolished. Since the permit was obtained, the property owner decided to move the mobile home from the property; however, that has not occurred either. Neither the property owner nor a representative was present. There was no public testimony given. Commissioner Long moved to refer VI#0400140 against Rafael Gonzalez to the County Attorney for immediate legal action. The motion was seconded by Commissioner Geile, and it carried unanimously. VI#0500098-CORAM: Ms.Gregory presented the case report for the record and pursuant to the case file, this property is in violation of Section 29-8-40 of the Weld County Code. To bring the property into compliance, the Certificate of Occupancy must be issued and all inspections completed on the garage with second floor living quarters. Ms. Gregory stated the property was approved by a Building Official this morning and requested the case be referred back to the Department of Planning Services. Neither the property owner nor a representative was present, and no public testimony was given. 2005-1696 Imj PL0824 �P : Ptr 0°j-07-0S- Commissioner Long moved to refer VI#0400375 against David Isaacs back to the Department of Planning Services for further investigation.The motion was seconded by Commissioner Geile,and it carried unanimously. VI#0400376-REED: Ms. Siron presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, and 23-3-30.1 of the Weld County Code. To bring the property into compliance, the noncommercial junkyard consisting of derelict vehicles and miscellaneous debris must be restored, removed or completely screened from all adjacent properties and public rights-of-way. Ms. Siron stated much progress has been made on this site, and the property owners will need additional time to complete the fencing. Danny Reed,property owner,was present; however,he did not have any additional information to add. No public testimony was given. Commissioner Geile moved to refer VI#0400376 against Danny Reed to the County Attorney for legal action, with the instruction to delay action upon such referral until August 14,2005, to allow adequate time for the property owners to complete the fencing. The motion was seconded by Commissioner Masden, and it carried unanimously. VI #0500074 - GARZA: Ms. Siron presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-110, 23-3-110.B, 23-3-110.B.1 and 23-3-110.C of the Weld County Code. To bring the property into compliance, the camper/trailer must be completely disconnected from all utilities and maintain current tags at all times,or it must be removed from the property. Ms. Siron stated she did an inspection yesterday and there were no utilities connected to the camper/trailer. However, a certified letter was sent to the property owners on May 24, 2005, and staff has not received the confirmation to show that they received the notice. Neither the property owners nora representative was present. No public testimony was given. Bruce Barker,County Attorney,stated he will send a letter to the property owners tomorrow and notify them that the violation will be referred to him with a delay of thirty(30)days before action is taken. Commissioner Geile moved to refer VI#0500074 against Ramon and Julie Garza to the County Attorney for legal action,with the instruction to delay action upon such referral until July 14,2005, to allow adequate time for the property owners to be notified of the violation hearing. The motion was seconded by Commissioner Masden, and it carried unanimously. iittileeIE 41Ns. Siron presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-40, and 23-3-40.R of the Weld County Code. To bring the property into compliance, the noncommercial junkyard consisting of trucks, heavy equipment,semi trailers,propane tanks,pallets,wood, sheet rock, cargo containers and miscellaneous debris must be restored, removed or completely screened from all adjacent properties and public rights-of-way,and a Use by Special Review Permit must be obtained for any commercial activity being conducted on the site. Hearing Certification, Zoning Violations June 14, 2005 2005-1696 Page 4 PL0824 Ms. Siron stated she would like this case referred back to the Department of Planning Services. The property owners have been very willing to comply. Neither the property owners nor a representative was present. No public testimony was given. Commissioner Masden moved to refer VI#0000055 against Roger and Eileen Deitemian back to the Department of Planning Services. The motion was seconded by Commissioner Long, and it carried unanimously. VI #0300301 -HELTENBERG: Ms. Siron presented the case report for the record and pursuant to the case file,this property is in violation of Sections 23-3-20,23-3-30,and 23-3-30.1 of the Weld County Code. To bring the property into compliance, the noncommercial junkyard consisting of derelict vehicles must be restored, removed or completely screened from all adjacent properties and public rights-of-way. Ms.Siron stated she spoke with the property owners before the violation hearings, and because of a financial hardship, staff recommended this case be referred to the County Attorney, with instructions to delay action for sixty(60)days. Brad Heltenberg, property owner, stated he Is still trying to recover from a fire in 2003 that destroyed the 6,000 square foot building where he stored his cars. Responding to Mr. Heltenberg's questions concerning putting up a fence to screen them, Chair Jerke explained the fence needs to be constructed according to Code and he needs to work with the Department of Planning Services. No public testimony was given. Commissioner Geile moved to refer VI#0300301 against Brad Heltenberg to the County Attorney for legal action, with the instruction to delay action upon such referral until August 14, 2005, to allow adequate time for the property owners to put up a fence. The motion was seconded by Commissioner Long, and it carried unanimously. VI#0300336-JACKES, LLC: Ms.Siron presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, and 23-3-30.1 of the Weld County Code. To bring the property into compliance, the noncommercial junkyard consisting of trash,wood,and concrete,must be removed from the property. Ms.Siron recommended this case be referred to the County Attorney for immediate action since they have had no contact with Mr. Rodriguez. Mr. Barker stated he sent them a letter last year and it appears that they pulled out all the salvageable materials and left the rest of the debris. Commissioner Vaad moved to refer VI #0300336 against Jackes, LLC., Go Jesse Rodriguez, to the County Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it carried unanimously. VI#0500110-VASQUEZ: Ms. Salzman presented the case report for the record and pursuant to the case file, this property Is in violation of Sections 23-3-20, 23-3-30, 23-3-30.F, 23-3-30.1 and 29-7-10 of the Weld County Code. To bring the property into compliance, the noncommercial Junkyard must be restored,removed or completely screened from all adjacent properties and public rights-of-way, and the mobile home must be removed or appropriately permitted. Ms. Selman stated she spoke to Benigno Vasquez this morning, and recommended the property owners be given another sixty(60)days to obtain the Zoning Permit for a Mobile Home. Hearing Certification, Zoning Violations June 14,2005 2005-1696 Page 5 PL0824 Nsworm lilt Weld County Department of Wilk Planning Services wu il Inspection Report OO ORADO 91810"St Greeley,CO 80631 Date of Inspection: t ! .. I (. ') -("1 Pertnit/Case No.: J \ 7 O {_ Y,,(.) . ,!'., Property Owner Name: I , 'v.1 i'.1(:.; i , "'i c r r C Address: —1 \ t6 I\ C..,1 S. Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: oft/ -SITE' .' CaMn Q ("A 'Tar-( % ( CAS I 7efII t" i; , ft1`'; -it , ( rid (I ,, Hi ,.t i]t/ i t / Ct' 1 _ti(1kiy :‘ ` )ia\rj , iY' i -it ( i,! Inspection by: Ire > Contact Name: if(')t-1 )i !'G iTh Contact Phone Number:970-353-6100,Ext.3555 Copy of this inspection was: O' ❑Maile Pictures taken during inspection: O Yes i.O4 DEPARTMENT OF PLANNING SERVICES rs_tNorth Office Code Compliance Division 918 10th Street, Greeley, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us ' Phone: (970) 353-6100, Ext. 3566 CFax: (970)304-6498 Southwest4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 June 8, 2005 Roger& Eileen Deiterman PO Box 671 Erie, CO 80516 Subject: VI-0000055, Part of the SW4SW4 of Section 17, TIN, R67W of the 6th P.M. Weld County, Colorado Dear Mr. & Mrs. Deiterman: I received both of your letters concerning violation VI-0000055. I would like an opportunity to discuss the violation with the two of you and give you the opportunity to clear up any discrepancies. However,because of the complexity of this matter, it would be beneficial to discuss this situation in person and I do not have a phone number to reach you at. Please contact me to review these concerns with me. You can reach me at the above telephone number or,if you wish to see me personally,perhaps we could schedule an on-site inspection. Your immediate response in this matter may result in the delay of the violation hearings scheduled for June 14, 2005, otherwise the hearings will continue as scheduled. Sincerely, letel!Ci-e Ann Siron Zoning Compliance Officer pc: VI-0000055 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY Weld County Planning Department 6/3/05 GREELEY OFFICE JUN X 6 2005 Weld County Planning Services Cod Compliance Division RECEIVED 918 10`h Street Greeley, CO 80531 Att: Ann Siron Subject: VI-000055 (SW4SW4 of Section 17, TIN, R67W of the 6th P.M. Dear Ms. Siron: We met with Chris at your Longmont location and he suggested we write another letter to you to explain the reason we have so many vehicles and items that you have referred to as a junk yard. My husband, Roger, restores old cars therefore he has to buy several derelict vehicles for parts in order to fix up one car. We have removed 4 cars since your first notice. The heavy equipment is used for leveling our dirt where we are going to build our home. He has a couple extra ones as a back-up& for parts to fix the good one. We are trying to sell one of them in an attempt to clean up our property. The lumber is going to be used for him to build a house. We bought cargo boxes to store our stuff in but evidently we can't have them either. It will take us some time to build another storage garage. We cannot afford to pay $300.00 for a 6-month permit to store our possessions. We will do our very best to get things in order here. Sincerely, t-Cc_c_c�_.2 — Eileen Deiterman 7189 WCR 8 Brighton, CO 80603 Weld County Planning Department 5/27/05 GREELEY OFFICE MAY 3 1 2005 Weld County Zoning Compliance RECEIVED Dept of Planning Services 918 10th Street Greeley, CO 80631 Attention: Ann Siron RE: VI-0000055 Dear Ms Siron: We received your letters regarding our property violations. After receiving the first letter, we immediately started to clean up our property. We re-arranged the vehicles to a more orderly fashion and also removed 4 vehicles. We do have a lot of lumber that we've purchased for building a home. That will be disappearing soon, as we are preparing to build. We are not certain what you mean by all the violations, such as Section 23-3-40 "Use By Special Review", so we will need to meet with you to discuss this further. We just want you to know that we did not ignore your first letter and we are trying to get our property to meet your specifications, however, we didn't even realize there was a homeowners association at our country property. Sincerely,(, ,. )i , `Roger &Eileen Deiterman Jt 7189 WCR 8 Brighton, CO 80603 DEPARTM. . .T OF PLANNING SERVICES (itit North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 WWW.CO.WELD.CO.US I E-mail Address: asiron@co.weld.co.us Phone (970) 353-6100, Ext. 3566 O Fax (970)304-6498 • Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 May 18, 2005 Mr. & Mrs. Roger Deiterman PO Box 671 Erie, CO 80516 Subject: VI-0000055, Part of the SW4SW4 of Section 17, Ti N, R67W of the 6th P.M.,Weld County, Colorado Dear Mr. & Mrs. Deiterman: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on June 14, 2005 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 Ill, 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 23-3-40 "Uses by Special Review" Section 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 subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring the property into compliance: , The "Noncommercial Junkyard" consisting of trucks, heavy equipment, semi trailers, prop tanks, pallets, wood, sheet rock, and miscellaneous debris shall be restored, removed or screened from all adjacent properties and public rights-of-way. We're also concerned about commercial vehicles and/or activity being conducted on the site without the proper Use by Special Review(USR)permit. For questions I would suggest that you speak to one of our"On—Call"Planners. We have two locations open to the public. Our main office is located at 918 10th Street, Greeley, Colorado. Where, we have an "On- Call" Planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00- 4:00 p.m. Our other office (the Southwest Weld Office) is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a Planner is available Tuesday or Thursday from 8:00 a.m.-4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. 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 VEHILCES 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 right-of-way: 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. 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. 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. 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, • P��—` , nn Siron Zoning Compliance Officer pc: VI-0000055 Department of Planning Services Bruce Barker, County Attorney fl 1 Weld County Department of Planning Services Inspection Report COLORADO 918 10th St • Greeley, CO 80631 Date of Inspection: Permit/Case No.: Property Owner Name: Address: c Upon a(visual on-site )( )inspection of the property listed above,the following iten were noted: 71(./ 4ACUkje C I UU`CV� Y j liC_J� Inspection by: Y' Contact Name: Contact Phone Number: 970-353-6100,Ext.3555 Copy of this inspection was: Pictures taken during inspection: kYes 0 No DEPARTMENT OF .'LANNING SERVICES North Office 414Code Compliance Division 918 10th Street, Greeley, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us I Phone: (970) 353-6100, Ext. 3566 CFax: (970) 304-6498 O Southwest Office • 4209 4 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE March 29, 2005 Mr. & Mrs. Roger Deiterman PO Box 671 Erie, CO 80516 Subject: VI-0000055, Part of the SW4SW4 of Section 17, T1 N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Deiterman: 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 Ill, 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 23-3-40 "Uses by Special Review" Section 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 subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: The "Noncommercial Junkyard" consisting of trucks, heavy equipment, semi trailers, prop tanks, pallets, wood, sheet rock,and miscellaneous debris shall be restored, removed or screened from all adjacent properties and public rights-of-way. We're also concerned about commercial vehicles and/or activity being conducted on the site without the proper Use by Special Review (USR) permit. For questions I would suggest that you speak to one of our"On—Call"Planners. We have two locations open to the public. Our main office is located at 918 10th Street, Greeley, Colorado. Where,we have an"On-Call" Planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m.or Friday from 12:00-4:00 p.m. Our other office(the Southwest Weld Office)is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a Planner is available Tuesday or Thursday from 8:00 a.m.-4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. 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 VEHILCES 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 right-of-way. 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. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rages; 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. 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. 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 30 (thirty)days from March 29, 2005, 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. Sincere' 1� (.../t 4C-I�� Ann Siron Zoning Compliance Officer pc: VI-0000055 Department of Planning Services Bruce Barker, County Attorney c3 44(r .� Weld County Department of Elie Inspection nPlanning p ctio Services Rep O Ins ection Report COLORADO 918 10`° St Greeley, CO 80631 Date of Inspection: 3 -a,6-O5 jPermit/Case No.: V I -060O1.5S Property Owner Name: J )e I •L i j ? 1,-'117/ /2oc ,, Address: 1 I in C-P-- Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: 1r1 � 770n �r, � `1rrt1 , ri .li, L i'1-vl� -7 Inspection by: (i s Contact Name: el //7, ) 5/ r'-x--) Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspection was: - - on rte Mailed on: Pictures taken during inspection: C Yes D No / A ,sett Weld County Department of Planning Services �110� Inspection Report 1555 N. 17th Avenue ooi oaano Greeley, CO 80631 Date of Inspection:3i x'=\d 5 Permit/CaseNo.: AI 1 Ca`?C b Property Owner Name:tb T iZrr yam. Address: 1 Upon a visual inspection of the property listed above,the following items w noted: ( y 1 C'k C_ C i 1 t , 3.)Art?iV ' C.'.i. i25.7 f .-0 CNI-AS_l K`J k 1• '1) Inspection by: ContactName: Contact Phone Number: 970-353-6100.Ext. 3540 Copy of this inspection was: ❑ Left on site ❑ Mailed on: Pictures on file: 0 Yes 0 No (Vi0 DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US Wilp E-mail Address: bsalzman@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-61O0, Ext. 3540 Fax: (970) 304-6498 COLORADO • WELD COUNTY ZONING VIOLATION NOTICE September 6, 2000 • Mr. & Mrs. Roger Deiterman PO Box 671 Erie, CO 80516 Subject: VI-0000055 Part of the SW4SW4 of Section 17, Ti N, R67W of the 6th P.M., Weld County, Colorado %7189 WCR 8% Dear Mr. & Mrs. Deiterman: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Zoning Ordinance. Currently your property is in violation of the following Section(s)of the Weld County Zoning Ordinance: 31.3.9 "Noncommercial Junkyard" consisting of derelict vehicles 31.2.1 One (1) single family dwelling unit and auxiliary quarters per legal lot. 31.2.2 One (1) single family dwelling unit and auxiliary quarters on a parcel of land created under the provisions of Section 11 of the Weld County Zoning Ordinance. 31.4.18 "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 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 subdivisions. 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); or is partially or totally dismantled; or has all or portions of its body work missing or is substantially damaged; or is not registered with the State of Colorado, as required by Section 42-3-103, CRS, or by Sections 42-3-138 or 42-12-102, CRS,and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, CRS; 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, CRS. This definition shall not include; implements of husbandry, farm tractors, or vehicles customarily operated in a FARMING operation. 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. To bring your property into compliance with the Weld County Zoning Ordinance: The "Noncommercial Junkyard" must be removed or screened from all adjacent property owners and public rights-of-way. To have the Semi(s)and/or Semi bed(s)on the property,a Use by Special Review"USR"application will be required. If you need an additional dwelling unit,an appropriate permit would be required. Please contact our office or visit with an "On-Call" Planner, Monday-Thursday 7:30 a.m. - 4:00 p.m. and Friday from 12:00 p.m. -4:00 p.m. 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 30 (thirty) days from , September 6,2000,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, I Bethany Salzman Zoning Compliance Officer pc: VI-0000151 Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY a (its DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us CoEx 1555 N. 17th Avenue, Greeley, 80631 "lip O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO August 29, 2000 Mr. & Mrs. Roger Deiterman PO Box 671 Erie, CO 80516 Subject: VI-0000055, Part of the SW4SW4 of Section 1 7, Ti N, R67W of the 6th P.M., Weld County, Colorado %7189 WCR 8% Dear Mr. & Mrs. Deiterman: 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 Zoning Ordinance. The potential noncompliance(s) with the Zoning • --- Ordinance are a "Noncommercial Junkyard" consisting of derelict vehicles, a commercial business without appropriate zoning permits, and possible multiple dwelling units. Please contact me within five working days of the date of this letter to review these concerns with me or a thirty- day violation notice will be issued. 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`t Zoning Compliance Office pc: VI-0000055 Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY V I - 006 ° 35-5' i1,1:44,14';'' V • h"1"Hts to I n �19sa s ilia? is [i t } i= 4,4'4,4'1%;',...41' I t h i 'ttuu1,'S4I ' 133a ' r sFlt't,l ii'{1 t{ t It9 { tktkint +4 k j��,„ ith tt ' '444,144t lq0, ti 3� giilt I {v x 74I i� 1p1t , list�t t i 411 .41 ,I t :eft i` 1i 1 [ N 1' i " t;I s IF y((# t i {Y a Nsitytt s iU ti } t ] ,s t d � 1 7 [� It i I. t t � 9'!((tl}i�l�i�s[ g Idly �on] ''yt d �i 31 llss t 1 Li:, "[c. aii3 tiil3Ei;}ia [ *t ,Thp hI 3t3irr, it44�s�s t �l I'' � 1(}101 t! 14444.4i 1d " r 1 1 If�� I_ y P4111'11'1'ttii a i t t Y 1 1 I t ` y t 1l 4 4"s{ s U y s fii i 3s. • s t it� t 1, n{ 'fi {iI • { '' '4„,g1•111$ 4 C t t t'�P t 1 1st �} t .4',,,1:4; � 1 �. atii�r t1, ;ti I3 �4i10,.r ist Id I t I t �i.Yilli d� t`$ 1 1 r 0t iti'iil,111, [ ,Iii'? 0, 1l t� III ill ik't{ ll� �'r .".,i 1, IIL 4 till'P "Ohl 1,,',,,LP' ti 1I1 t II, W It i wI�I ���111t 4II 1, i .. ill g; iI It kg- l' ' t ra IIIIIkt 1''l II� 9 Ir11E i 1, g{ 11{,IIj itIfIlhir 41444 u>• { il` 4Ct s 3 1'44 1 , .4444 P `ls 4 51 y u y¢ ti. 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III I}aaalaaaaa i , ' 1 1 1 A ` •J i II tni r i n• , { it.,.— r— I,— r - - - i\ , 1! n I, 4 ) r ar,to co I,n yr OD LO cnr`et V �,2 2 12 2 2 2 2 V 11 41. 1 . till x i ▪ it -:m mm m m� m m r' li �' ▪ I,� ll,4 v LLn N- o co r-- nr i *15 ''" 3 Fi4¢, Lo Lnn co m m m tnm : -- of • I� i N N N V -4- Q V Fl . �d =I d LL co LL p d 2 a+►,' C� ..,'A', t t ;� m m m} m Immi tw in' �y,l t�7 1 (� 1 I,I�rr 1 tli$tl it, ( it lig 'i°fl I tl1IIIIit:(,.`iit�' y�a , ;la i t f(41 .11( DEPARTMENT OF PLANNING SERVICES S5 COMPLAINT REPORT • COLORADO tPel° a ZONING COMPLAINT ,1 .1;" Co faint Initiated by: a BUILDING CODE COMPLAINT `I taff a Citizen a Other LEGAL DESCRIPTION: VIOLATION ADDRESS: Parcel# ATTACH COPY OF DEED Property Owner's Name: P/eJ/7C�//071/.//�L(�,/ Q Phone # Property Owners Address: , 27 1 -/L Tenants Name and Mailing Address: NATURE OF COMPLAINT: En I/u19,- 7)/7 ✓ yx,�. 13{ie -f/-am. GY bz,(44i • • Zoning Complaint Referred To: Date: Building Code Complaint Referred To: Date. Case Assigned To: Date: ACTION OF INVESTIGATOR: Date of Inspection: • Inspection of property indicates: o No violation of the Weld County a Zoning / a Building Code Ordinance Referred to: on o No violation of the Weld County a Zoning / a Building Code Ordinance o Violations of the following Sections of the a Zoning o Building Code Ordinance ACTION ON COMPLAINT: ❑ No Action Taken/No Violation a Violation Fiie Started Date Date CASE REVIEWED BY SUPERVISOR Date SUPERVISOR'S COMMENTS NOTE: Attach all pertinent information and facts disclosed by investigation to this farm. • • • • R E 1 4 3 2 .. ___ ,-____A______,.........____r_____...... ._. • I . ... r i, ....a . JI ;_z„...., )If r: r S,„ ... 1.O f ���.,t 41+ J 5 ]t'roe W 0 1 z raw r f:,r,Yy rI u 1. i... .,. J yy. 1I+ t^ x"•I, Ib LYrr44 J1ni l f- '� .;1'14 4Orrt * LN.tl. )'r ]1 t.. ., •J 0 •aviN Jl^' • I N . " 1+r>1.4tt'dra.`�S ep1Ig�t ri t yt• j:r �"'t "'4"1A " r w .___I. Till • ehhInthin lean'' aJwtld ulr II.. I z •'i�r I' wr.•1 ether vela ^bi�>wtVY *tear I ; T NI'd • •atttl"rttl 1{ r.vrrrl•e\te1014*drtY sr •' It III�t�" iir . 7 7 •knee e real w.M Wt r m. a arl t tY l_______ yytt��J�wt 1 SQ v: ••e•••e.a•rrt twr,t,ey al,asap au s I'Ypn 5•! 4 e'[IiM.wwindetd y' ]!'i5 AMISH. pact,chis�-i pd.on sad Roble A• albs.illogic la joint is Is Si^men rr e Irk ll rawer u+tl.rt.yrr ..awl rte. Kt ,,r r-rlhir•• rwrt>iie„o.n "tilt tf w { -ti�r • All of Loo T•on<TKaer (lb and criteer ill feet or Lot T.enyntn • !seer! '$ '«tea • afeetlet to the retarded a J)r► at i • Stfif lto ne r*morlfollowing r.e trlotlo s•!.r as l rim. wl ,( z •ear r and •etltltdil ,P,ta. ti.j to t►•�M Wa di✓ (1) That no wrrr�re of oar Mr111 a >P ''�•�J. the N d. yl theist an to♦�)v,.•..rir�))i wrIIi•@(p3�1 s,rani, te A NUJ `:' •�y�( +Y'hcc,:y.: ( (2) end no hui.ui•y thereon s•reei f+n'blarea.Bllethall'elwo Ids!tN►a :.4; L` 'ej' i full)dwelling not to•rib•�."'T reek. than One . - `` >. and osila.11r wit elib! clanla 1 reed a• le h.d `` AC) h ."' I or unatta••Or K•rLLr PrC.�•it w0 { v! +as O) That no dwelling et* r •J ! JI•rtY• osaic Ylv. or .n.vter naiad fie! Sr..* of se =In yttn•]en• 1+ Mr '' F •t... d u una Nch a. flail lonbt and'Pegs*s! i ref. .!tw W tit 1 redo r.hundred fifty (950) to •ens Pnpe ] pt. I n fifty e ere t th.ran Pavan J'�' 195 in yen f•* a rl �tiwl Pacer •ntl da • r r tl,•rIsstc structured, end no sae nias Of:htU •ell S( * .1111 d din o.,la tine of n •e•snt ml• sheN! I t1 f •nY kind and throoni J II be .na bd `. ally YaKl all n •rletl• t r 1 r• n s n enmttlnne Shill be meted n roan '� �� rtt , • eh/•vented to by the d:. > ° •'?� tYLa I t h r'"lr r of *relying Said part la. of -HIw Yrrtl stn rI Also t t•un n I errs tool roe**Lot Spay and Lthe if (li) rest vat anld Lob ror ills ov.e lad y ye • t in .l:.t.es. nor and valor Ins dilation endielate is Ilippk alp ' Ip b ,. . 41 pplentrolo i ' t a d Itl1'I J ! 1 '•7$ _ a ( i ' ty�jMu I v t I i4 1 1.f11 ,, ' 't't' i 114 'i.f($a+it . 1 A �LX • Ili' �( t*- —_ I lr� ... � tj � .,J t ��t- � 1� Jilgk I IJ�������I�j!;,rf.s ._ Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R6045886 Parcel#: 146917000021 Tax Area: 2291 Bordering County: V ( —CO 55 Acres: 39 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 01 -67- 17 -0 _ _ Owners Name&Address: Property Address: DEITERMAN ROGER L&EILEEN K Street: 7189 8 CR P 0 BOX 671 City: WELD ERIE, CO 80516 Business/Complex: Sales Summary Sale Date Sale Price Reed Tvne Reception# 2/28/1994 $54,000 02376972 Legal Description r 19993-E SW4SW4 17 1 67 EXC UPRR RES (1R) SITUS: 7189 8 CR WELD 00000 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4127 Acres 39 Land Subtotal: 39 $2,253 $650 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 2 Out Building Improvements Subtotal: $5,398 $1,570 Total Property Value $7,651 $2,220 Building Details Account#: R6045886 Parcel#: 146917000021 Owners Name Si Address: Property Address: DEITERMAN ROGER L& EILEEN K Street: 7189 8 CR P 0 BOX 671 City: WELD ERIE, CO 80516 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1980 Exterior: Steel Frame Siding HVAC: None http://maps.merrick.com/Website/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=14691... 05/19/2005 Identify Results Page 2 of 2 Interior Finish: Built As SQ Ft: 3456 # 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://maps.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14691... 05/19/2005 Identify Results Page 1 of 1 Mobile Home Valuation Account#: M1157900 Parcel#: 146917000021 Owners Name&Address: Property Address: DEITERMAN ROGER L&EILEEN K Street: 7189 8 CR 1 WELD P O BOX 671 City: WELD ERIE, CO 80516 Business/Complex: Legal Description 19993-E IMPS ONLY MH SW4SW4 17 1 67 MOBILE/MODULAR TITLE: 03M979154 SERIAL: 6802R1L0463 YEAR: 1970 MAKE: CAS SIZE: 14X65 SITUS: 7189 8 CR 1 WELD 80601 Land Value $0 Land Assessed Value $0 Impr. Value $9,265 Impr. Assessed Value $740 Total Value $9,265 Total Assessed Value $740 Total Taxes: $44.96 Amount Due: $0.00 Tax Area: Bordering County: Township Range Section Quart. Sec. Subdivison.Name Block# Lot# 01 - 67 - 17 - 0 - - Acres: Sq. Ft.: Sale Price Sale Date Dee�pe Reception # $0 http://maps.merrick.com/W ebsite/Weld/setSgl.asp?cmd=ACCDET&acct=146917000021... 05/19/2005 Recorded at B 1430 REC 02370972 03/07/34 3:13 Se_ . n__.:.... FNC _RSTEIN R `� — 6 MARY ANT; _BiJ_ _ ___:... .. SECC _? F;c_= ._ , C= Aai2376`22 WARRANTY DEED THIS DEED,Made this 28TH day of FEBRUARY,1994 between RAID COMPANY,A GENERAL PARTNT.RSHIP of the County of WELD and State of COLORADO,grantor, and STATE DOCD WARY FEE ROGER L.DEITERMAN and EILEEN K.DEITERMMAN Date 3 ?/`4/ whose legal address is VACANT LAND, $ Jr, y-/O GREELEY,COLORADO 80631 of the County of WELD and Stale of COLORADO,grantees: R7TTJFSS, that the grantor, for and in consideration of the stun of FIFTY-FOUR THOUSAND AND 00/188ths DOLLARS, (S54,000.00), 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 grantees,their heirs and assigns forever,not in tenancy in common but m joint tenancy,all the real properly,together with improvements,if any,situate,lying and being in the County of WEIR-and State of J Q Colorado,described as follows: Ir.- THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER(SW1/45W714)OF Y, SECTION 17,TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE 6171 P.M., COUNTY OF WELD,STATE OF COLORADO • also known by street and number as VACANT LAND,GREELEY,COLORADO 8D631 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof,and all the estate,right ride,interest,claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees-their heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree w and with the grantees,their heirs and assigns,that at the time of the ensealing 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 has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature �/ soever, except for taxes for the current year,a lien but not yet due or payable,easements,restrictions,reservations,covenants and Tr rights-of-way of record,if any, V +C) O The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable povc•ccioo of the grantees,their heirs and assigns,against all and every person or persons lawfully claiming the whole or any pan 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. BY Rirhar C. Jo son, General Partner rpp�� � STATE, MO ORADO - „ ent vas acknowledged before me this 28TH day of FEBRUARY,1994 by RAID COMPANY,A GENERAL Richard C. Johnson, General Partner My 5nrmpos nl{gvpmres: 12-04-94 -and official I. 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