HomeMy WebLinkAbout20070378.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600413
AGAINST PAUL AND KATHLEEN EVEZICH 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,Paul and Kathleen Evezich,VI#0600413, are allegedly in violation of the Weld
County Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 13th day of February, 2007, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Paul and Kathleen Evezich were not present or represented at said hearing,
although all parties were notified of said hearing by Department of Planning Services staff, and
WHEREAS, the Board deems it advisable to bring legal action against those individuals
named above to correct said violation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with
legal action against Paul and Kathleen Evezich 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.
2007-0378
PL0824
AC�; .oi Via 4.-
O3 0� 07
VIOLATIONS -VI #0600413 - PAUL AND KATHLEEN EVEZICH
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of February, A.D., 2007.
BOARD OUNTY COMMISSIONERS
WELD CO , C�LrA
ATTEST:
.EL f� -vid E. Long, Chair
Weld County Clerk tot a Boa ® �
11861 ' .J%�••4 ��' i wt-L/
' H. Pro-Tem
BY:
Deputy lerk to the Boar•
'Ili F. Garcia
APP a AS TO . de VRobert 2A-
. Masden
• Forney
�ougl Rai her
Date of signature: 3 5 ^d7
2007-0378
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Paul & Kathleen Evezich
Violation: VI-0600413
Mailing Address: PO Box 431, Frederick, CO 80530
Legal: All of Block Q, Evans Addition, Weld County, Colorado
Location: East of and adjacent to CR 13 and North of and adjacent to CR 16 aka First St
North: Firestone city limits
South: Frederick city limits
East: Frederick city limits
West: Frederick city limits
Parcel Number: 1311-30-3-17-003 Acreage: 8.5 +/-Acres
Certified mail date: January 5, 2007 Received: January 11, 2007
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.M, 23-3-40 and 23-3-40.R of the Weld County Code.
REMEDY
To bring the property into compliance the following shall occur:
► All Commercial Vehicles shall be removed or a Zoning Permit for a Commercial Vehicle
application may be submitted for 1 (one) Commercial Vehicle. The others shall be removed.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office for immediate legal action.
CASE HISTORY
September 19, 2006 Initial complaint received.
September 19, 2006 Initial inspection completed.
September 25, 2006 Five day compliance encouragement letter issued.
October 19, 2006 Violation letter issued.
January 5, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2007-0378
a DEPARTMENT OF PLANNING SERVICES
Compliance Division
1 NORTH OFFICE
/'• 918 10T" Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman(a�co.weld.co.us
Q PHONE: (970) 353-6100, Ext. 3555
FAX: (970) 304-6498
COLORADO SOUTHWEST OFFICE
LONGMONT4209, COCR 8050424.5
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
January 5, 2007
QL� `3,
MR. & MRS. PAUL EVEZICH ti
PO BOX 431 (}
0
FREDERICK, CO 80530 SC et`
Subject: VI-0600413, All of Block Q, Evans Addition; Weld County, Colorado TI ^
Dear Mr. & Mrs. Evezich:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on February 13,2007,at 10:00 a.m.,to consider the
violations occurring on the property. The above mentioned property remains in violation of the
following Section(s) of the Weld County Code:
Chapter 23, Article 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.M "Parking and operation of, one (1) COMMERCIAL VEHICLE on
property on less than eighty (80) acres in size, when not a LOT in an approved or
recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of
any regulations controlling subdivisions. Parking and operation of up to five (5)
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."
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:
Mr.&Mrs.Evezich
Page 2,VI-0600413
► The Weld County Code would allow you to apply for a Zoning Permit for a
Commercial Vehicle (ZPCV) for the presence of 1 (one) Commercial Vehicle.
After further review it was discovered that you own a total of 5 legal lots situated in
Evanston; therefore,you are eligible to apply for a Zoning Permit for a Commercial
Vehicle for each lot. For your convenience, I have included 5 ZPCV applications
with this letter. 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. The Planners are available on Fridays by
appointment only. To better serve you, please bring this letter with you.
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,
414The4
Bethany�an
Zoning Compliance Officer II
pc: VI-0600413
Department of Planning Services
Bruce Barker, County Attorney
U.S. Postal Service..,
m CERTIFIED MAIL, RECEIPT
D-' (Domestic Mail Only;No Insurance Coverage Provided)
Er
F.r.elivery inf.rmati.n visit.ur we.site at www.us.s.c.m,
M1n ,ai: ,n
Postage $
O Certified Fee
O Postmark
Here
O Return Receipt Fee -
(Endorsement Required)
Here
.. Restricted Delivery Fee
--u (Endorsement Required)
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Total Postage&Fees
Lri
o I Sent To
M1 MR. & MRS. PAUL EVEZICH
Street Apt.No.;
or Poeox No.P0 BOX 431
1I co.State.ZIP+d
FREDERICK CO 80530
PS Form 3800.June 2002 See Reverse for Instructions
(511- % DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10T" Street
' GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: bsaizman(a�co.weld.co.us
PHONE: (970) 353-610O, Ext. 3555
FAX: (97O) 304-6498
COLORADO
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-421O, Ext. 8730
FAX: (72O) 652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
October 19, 2006
MR. & MRS. PAUL EVEZICH
PO BOX 431
FREDERICK, CO 80530
Subject: VI-0600413, All of Block Q, Evans Addition, Weld County, Colorado
Dear Mr. & Mrs. Evezich:
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 23-3-40 "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:
D. More than 1 (one) Commercial Vehicle requires a Use by Special Review. In order to
determine what application is necessary, 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.
Neither office will have a planner available on Fridays for walk-ins. To better serve
you, please bring this letter with you.
Mr.&Mrs.Evezich
Page 2,VI-0600413
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 60 (sixty) days from
October 19, 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,
r
Vc . ka'\
Bethany Salzm n
Zoning Compliance Officer II
pc: VI-0600413
Department of Planning Services
Bruce Barker, County Attorney
0
DEPARTMENT OF PLANNING SERVICES
rs
Compliance Division
NORTH OFFICE
I918 10TH Street
GREELEY, CO 80631
W I Website: WWW.CO.WELD.CO.US
De. E-mail Address: bsalzman(a�co.weld.co.us
PHONE: (970) 353-6100, Ext. 3555
COLORADO FAX: (970) 304-6498
SOUTHWEST OFFICE
4209 CR 24.5
L0NGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
September 25, 2006
MR. & MRS. PAUL EVEZICH
PO BOX 431
FREDERICK, CO 80530
Subject: VI-0600413, All of Block Q, Evans Addition, Weld County, Colorado
Dear Mr. &Mrs. Evezich:
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 multiple COMMERCIAL VEHICLES(specifically semi trailers/trucks)without the
necessary Weld County Zoning 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. Neither office will have a planner available on
Fridays for walk-ins. 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: Vl-0600413
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A.,Sign: re -1
item 4 if Restricted Delivery is desired. l t-•' ❑Agent
• Print your name and address on the reverse X ,—�:.. l /-a..>- O Addressee
so that we can return the card to you. e�eiy 'nted Na
IN
this card to the back of the mailpiece, �� 1 C. Date of Delivery
or on the front if space permits. Ca(.,?
1. Article Addressed to: D. Is delive (a ❑Yes
MR. & MRS. PAUL EVEZICH If YES nter very address 4O O No
PO BOX 431 0
FREDERICK, CO 80530 14111
Weld County Planning Departme ` �9Nin,
GREELEY OFFICE 3. Send Type
JAIL• 1 q �oO Matte ed Ma Ei2sage ail
A 1 I ❑ Regist ❑Return R for Merchandise
O Insured Ma S'yL1.x.0.
RECEIVED 4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(trans/erfiomseMcrelabeQ 7005 1160 0001 4537 9988
PS Form 3811,February 2004 Domestic Return Receipt 102595O2-M-1540;
•O ,..• .
t Weld County Department of
ffff ,n Planning Services
woe Inspection Report
COLORADO 915 10`" St
Greeley,CO 80631
/�
Date of Inspection: q. �� {{; .0
Permit/Case No.: \IS L? O41
Property Owner Name: ry€C \K UJ 6 tU- i-,ice
Address:
Upon a(visual)(t .-.-I )inspection of the property listed above,the following items
were noted:
'•_2)k Li 1;;ma n 9cti.UPY\t( VL .
J
Inspection by: Contact Name: 6-), c'
Contact Phone Number:970-353-6100,Ext. 3555 or Ext.3566
Copy of this inspection was:
Pictures taken during inspection: O Yes WINo
Identify Results Page 1 of 1
WELD COUNTY ASSESSOR
PROPERTY PROFILE V5__.'(.i(9CO4(2
Account#: R5507686 Parcel#: 131130317003
Tax Area: 3516 Bordering County:
Acres: 8.5
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
02 - 67 - 30 - 3 EVANS ADD - Q
-
Owners Name&Address: Property Address:
EVEZICH PAUL&KATHLEEN F Street:
P 0 BOX 431 City:
FREDERICK, CO 80530
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type RCception #
8/31/1995 $2,000 WD 2460454
Legal Description
20731 ALL BLK Q EVANS ADD ALSO PT VAC UPRR R/W LYING N &W OF ORIGINAL C/L ADJ TO EXC BEG NE COR BLK Q 50034'E
ALG W LN JOHNSON ST 12.58' S47D15'W ALG C/L VAC UPRR R/W 199.72' NO1D20'W 144.64'TO S LN OF WILLIAMS AVE
N88D39'E 150'TO BEG EXC MIN
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 0100 Acres 8.5
Land Subtotal: 8.5 $1,000 $290
No Buildings on Parcel
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L---) DEPARTMENT OF PLANNING SERVICES
'DCode Compliance Division
WI
918 10'h Street, Greeley, CO 80631
O Phone: (970) 353-6100, Ext. 3540
�' Fax: (970) 304-6498
COLORADO L ; -C�ICTL-
ZONING an or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
i9 ZONING CODE COMPLAINT K.Staff/Name: 0 Citizen 0 Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
❑ BUILDING CODE COMPLAINT
0 PUBLIC WORKS/PEST&WEEDS (�
Date Complaint was received: ` 'n-OLo
Pending Case#(i.e.USR, RE, SE, ect...): ff��
Legal Description: �\o(�,Gj 1 �•".V'e 7 PY �, Parcel#: \-2-A .— ' ;y— \fl-0u 3
Violation Address:
Property Owners Name: E,Af Q, ( ? V-'fl-k%mV F Ct Phone:
Property Owners Address: C:)O )'k Ub\I P(),PR i
Tenant's Name: Phone:
Tenant's Address: r���
•
NATURE OF COMPLAINT: mlxth� C�R .C \ \rcc2piQ \iea\lf C!] 1,11bIk 7131 v'ls ` pA1\.t1
•
Additional Notes: kr. I ai-*Dirt4
2460454 B-1516 P-633 10/20/95 03:08P PG 1 OF 2 REC DOC
AR2460454 Weld County CO Cleric & Recorder 11.00 0.20
WARRANTY DEED 1
Grantor(s), EMILIO GUADAGNOLI,
FRED GUADAGNCLI, LUCIA PELZEL and CLARK FLOYD
•
whose address is 3862 S. Grape St. ,
City and *County of Denver ,State of
.for the consideration of
Two Thousand dollars, in hand paid}cm•Rlycseltpck
and othlsr good and legal consideration, sells '
and convey(s)to PAUL EVEZICH and KATHLEEN F. EVEZICH
whose legal address is 134 Johnson St. , Evanston,
County of Weld ,and State of Colorado
the following real property in the County of Weld ,and State of
Colorado,to wit:
LEGAL DESCRIPTION
A tract of land located in the Southwest Quarter of Section 30, Township
2 North, Range 67 West of the•6th P.M. Weld County, Colorado, being more
particularly described as Block Q of Evans Addition to the Town Evanstown
and all that part of the vacated Union Pacific Railroad Right-of-Way
lying North and West of original Centerline and being further described
as follows:
Commencing at the Southwest Corner of said Section 30, and considering
the South line of said Section 30, to bear North 89449'13" East and with
all bearings contained herein relative relative thereto; thence North
89`49'13" East, along the South line of said Section 30, a distance of
185.50 feet; thence North 00`46'12" West to the Point of Intersection of
the North Right-of-Way line of First Street as platted in said Evans
Addition and the East Right-of-Way line of the Union Pacific Railroad
Right-of-Way line, said Point being the True Point of Beginning; thence
North 00`46'12" West along said East Right-of-Way line, a distance of
682.05 feet; thence North 88`39'25" East along the South line of Williams
Avenue as platted in said Evans Addition, a distance of 887.66 feet;
thence South 00'34'20" East along the West Right-of-Way line of Johnson
Street as platted in said Evans Addition, a distance of 12.58 feet;
thence South 47415'55" West along the Centerline of the vacated Union
Pacific Railroad Right-of-Way, a distance of 1016.51 feet; thence South
89449'13" West along the North line of said First Street, 131.75 feet to
the True Point of Beginning. EXCEPT that part described as follows:
Lot A of Recorded Exemption No. 1311-30-3-RE234 recorded November 18,
1976 in Book 782 as Reception No. 1703899, more particularly described as
follows:
Beginning at the NE corner of Block Q, Evans Addition to the Town of
Evanstown; thence South 00`34'20" East, along said West Right-of-Way line
of Johnson Street, 12.58 feet; thence South 47`15'55" West, along said
centerline of the vacated Union Pacific Railroad Right-of-Way, 199.72
feet; thence North O142O'35" west, 144.64 feet to a point on said South
line of Williams Avenue; Lhence North 88`39'25^ Eaet, stony mail ouuLh
line of Williams Avenue, 150.00 feet to the Point of Beginning.
Said property is also described as: Lot B of Recorded Exemption No.
1311-30-3-RE234 recorded November-18, 1976 in Book 782 as Reception No.
1703899. ����y�� `- '/�/
� �Nn,ry Ndic F
If in Denver,insert"City and".
Name andMMNaofPo.00 Etienne Newly Cored IMS Dnnie(w"3r-3SI0C,5.CAS)
No.897.Rev.6-92. WARRANTY DEED(Short Fare)
Bradford Publishing,1743 Waage St.,Denver,CO 80203-1303)792.2508-3-94 c.
•
•
•
•
L BLK Q EVANS ADD ALSO AL
THA T OF VAC UPRR R/W NG
N & W ORIGINAL C/L J TO
EXC BEG COR BLK THENCE:
SOD34'E ALON W LN OF
JOHNSON ST 1 . S47D15'W
ALONG C/L VAC U R/W 199.72'
NO1D20' 144.64' TO P N S LN
OF LIAMS AVE N80D39'E 0'
BEG ALSO EXC MINERAL AND OAL;
2460454 B-1516 P-633 10/20/95 03:08P PG 2 OF 2
also known ryxmfeKanNamdzttasxx vacant land
with all its appurtenances,and warrant(s)the title to the same.subject to liens and encumbrances
of record
Signed this 31st day of August ,19 95
,t
.h
N•
U Ll C's ? STATE OF COLORADO, Y
-. 3 v County of Weld Emilio Guada. 'oli
The foregoing instrument was acknowledged before me this 31st day of August . 1995
by Clark Floyd, Fred Guadagnoli, Lucia Pelzel, Emilio Guadagnoli
My commission expires 5-_/b_q(7 . Witness my hand and official seal.
f ? ZNeorvwe
'If in Doovv,noun"City and".
Name md.Wym or Pawn Crew*Newly Created lgal Description a 38-35-ID5.5.CR.S.1
Na 89].Iler.6-92. WARRANTY DEED(Short Fain) 1y�.
Bradford Publishing,O43 Waco St.,Dawer,CO 80202-(303)292-2501—3-9a
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