HomeMy WebLinkAbout20071678.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST TRAVIS SHOCKLEY 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, Travis Shockley, VI #0600056, 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 19th day of July, 2007, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Travis Shockley 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 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 19, 2007, to allow adequate time for the property owner to remove the
commercial vehicles 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 #0600056 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Travis Shockley 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 19, 2007, to allow adequate time for the property owner to
remove the commercial vehicles to bring the subject property into compliance.
2007-1678
PL0824
/i7+ : A, vi0L 07-U(1-07
VIOLATIONS -VI #0600056 - TRAVIS SHOCKLEY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of July, A.D., 2007.
BOA OF COUNTY COMMISSIONERS
ELa EL UNTY COLORADO
ATTEST: � CpC
; .fir ):vi"w
ok, d E. Long, ChairWeld County Clerk to the
XCUSED
William ?Jer rro T
BY:
=
De y Cler o the Board 1
illiam F. Garcia
A ED AS TO EXCUSED
Robert D. Masden
Co y torney
Dougla Rademac r
Date of signature: 15/67
2007-1678
PL0824
Violation Summary Report
BASIC INOFORMATION
Property Owner: SHOCKLEY TRAVIS
18726 CR 57
KERSEY, CO 80644
Tenant:
Compliance Officer: Ann Siron
Violation Number: VI-0600056
Situs Address: 18757 CR 55
Legal: PT E2NE4 33-4-64 LOT B REC EXEMPT RE-3018 (1.40R) SITUS: 18757 57 CR WELD C
Location: Location South of and adjacent to CR 40 and East of and adja
North Agriculture
South Agriculture
East Agriculture
West Agriculture
Parcel Number: 105333000011-R0926901 Acreage: 61.27
Certified Mail Date: 04/24/2007
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.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less th
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 propert
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 c
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; Welt
County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4)
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.
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. 2007-1678
Violation Summary Report
REMEDY
The commercial vehicles shall be reduced to one or a Use by Special Review(USR) application
shall be completed and submitted to the Department of Planning Services.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office for immediate legal action.
LETTER HISTORY
02/08/2006 Complaint Validated
02/15/2006 LTTR: 5 Day Letter
04/14/2006 LTTR: Violation Notice
04/24/2007 LTTR: Hearing Notification
OTHER CASE HISTORY
02/13/2006 Property Inspected Upon a visual inspection of the property, the
following items were noted: cement trucks, piles
of debris, at least 3 semis & 3 trailers and 20+
derelict vehicles(several are derby cars).
Pictures were taken.
03/27/2006 Property Inspected Upon a visual inpsection of the property, the
following items were noted: cement truck, piles
of debris, several semi's and trailers, 20+ derelict
vehicles. Pictures were not taken.
01/29/2007 Property Inspected Upon a visual inpsection of the property, the
following items were noted: 2 cement mixers,
brown truck, blue &white suburban, two cars (all
appear derelict) semi cab, semi trailer. about 8
vehicles by the house. condition unknown.
a DEPARTF,_,IT OF PLANNING SERVICES
North Office
Code Compliance Division
918 10th Street, Greeley, CO 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
April 24, 2007
Travis Shockley
18757 CR 55
Kersey, CO 80644
Subject: VI-0600056, Part of the E2NE4 of Section 33, T4N, R64W of the 6'h P.M., Weld County,
Colorado
Dear Mr. Shockley:
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 19, 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 23-3-30.1 "Noncommercial Junkyard"
Section 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 subdivision. 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 rips 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 subdivision, 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)"
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."
To bring the property into cor rice:
The commercial vehicles shall be reduced to one (and one can include semi cab and
ONE trailer) otherwise a Use by Special Review(USR) application shall be completed
and submitted to the Department of Planning Services.
It was noted during a visual inspection conducted on April 23, 2007 that the derelict
vehicles have been removed, restored or completely screened from all adjacent
properties and public rights-of-way.This aspect of the violation has been closed leaving
on the commercial vehicles left to be brought into compliance.
For questions concerning the USR permit or application process 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,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 fro walk-ins. To
better serve you, please bring this letter with you.
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.
Sincerel ,
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Si.nature
item 4 if Restricted Delivery is desired. X liagem
Ann Siron • Print your name and address on the reverse
'l�/ ❑Addressee
so that we can return the card to you. 11/4 Received by Printed Name) C. Date of Delivery
Zoning Compliance Officer • Attach this card to the back of the mailpiece, // )�
or on the front if space permits. Lia 1t4 /517h 5- C
pc: VI-0600056 D. Is delivery address different from item 1? ❑Yes
Department of Planning 1. Article Address-d to: '" If YES,enter delivery address below: ❑ No
Bruce Barker, County Attr TAUrs��—��QC k I[y
111GIt aGS
�e Ca'^ 6iiiit Planning De artmsnt
ui EELEY iIrEI!;E 3. a iceType
w r:ertffied Mail O Express Mall
M4 $ i '4(IVii. Registered O Retum Receipt for Merchandise
O Insured Mall O C.O.D.
Er� mZ- Restricted Delivery?(Extra Fee) O yes
2. Article Number L. L
kRECErV -
(Transfer from service label) 7005 116 0 !1 01 4538 1660
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
amilOr
V Weld County Department of
Planning Services
imCInspection Report
COLORADO 918 101b St
Greeley, CO 80631
Date of Inspection:
Permit/Case No.:
Property Owner Name:
Address:
Upon a(visual)(on-site) inspection of the property listed above,the following item
were noted:
Inspection by: - Contact Name:
Contact Phone Number: 970-353-6100,Ext. 3555 or Ext.3566
Copy of this inspection was:-—O-Left on Site--❑ Mailed-on:
Pictures taken during inspection: O Yes O"No
DEPARTMENT G. 'LANNING SERVICES
(lett0 North 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
O Southwest Office
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
Af/7i (r7ii(T—
WELD COUNTY
//-70. G7 ZONING VIOLATION NOTICE
January 31, 2007
Travis Shockley
18757 CR 55
Kersey, CO 80644
Subject: VI-0600056, Part of the E2NE4 of Section 33,T4N, R64W of the 6'"P.M.,Weld County,Colorado
Dear Mr. Shockley:
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 23-3-30.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
subdivision. 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
subdivision, 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)"
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.
To bring your property into compliance with the Weld County Code:
The "Noncommercial Junkyard" consisting of several derelict vehicles shall be removed,
restored or completely screened from all adjacent properties and public rights-of-way.
The commercial vehicles (semi-trailer and cab, dump trucks, etc.) shall be reduced to one;
otherwise a Use by Special Review(USR)application shall be completed and submitted to the
Department of Planning Services, which I have enclosed for your convenience.
For questions concerning the USR permit or application process 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, Colorado. At our North office,an"On-Call"Planner
is available, Monday thru Thursday from 7:30 a.m.-11:30 a.m. Our Southwest office is located
at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, an "On-Call" Planner is
available Monday thru Thursday from 12:30 p.m.-4:30 p.m. You do not need to schedule an
appointment, because individuals are seen on a sign in basis. Neither office will have a planner
available on Fridays for walk-ins. To better serve you, please bring this letter with you.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used 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 42-12-012, 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 42-3-202
to 42-3-337, C.R.S. This definition shall not include implements of husbandry,farm tractors
or vehicles customarily operated in a FARMING operation.
COMMERCIAL VEHICLE: Any vehicle,other than an automobile, used or previously used to
facilitate an activity where goods, products or services are bought, sold or transferred in
ownership on a fee, contract or barter basis, excluding those uses listed by right and
accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall
include,but is not limited to,semi-trailers,dump trucks,construction equipment,railroad cars
and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the
condition of a DERELICT VEHICLE.
JUNK: Scrap brass, iron, lead,tin,zinc;all other scrap metals and alloys; bones; rags; used
cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances, used lumber or crates; building materials;fabrication of any material; used pipe
or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT
VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or
obsolete as to make them unusable in their existing condition.
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 t., assist and cooperate with you without impo. J undue hardships; however,
we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from
January 31, 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.
Sincer/et ,
•
t A it i (O,
Ant iron
Zoning Compliance Officer
pc: VI-0600056
Department of Planning Services
Bruce Barker, County Attorney
Weld County Department of PlanningW�`lPC. Inspection Services or
Report
COLORADO 918 10"' St
Greeley, CO 80631
Date of Inspection: '
Permit/Case No.: \•• i ` 'x
Property Owner Name:
Address:
Upon a(visual)(on-site) inspection of the property listed above,the following item:
were noted:
•
Inspection by: . Contact Name: • .
Contact Phone Number: 970-353-6100, Ext. 3555 or Ext. 3566
Copy of this inspection was:--❑Left on-Sire—
Pictures taken during inspection: ❑ Yes C3.No
DEPARTMENT O, LANNING SERVICES
b North Office
Code 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
April 14, 2006
Travis and Shen-Shockley
18757 CR 55
Kersey, CO 80644
Subject: VI-0600056, Part of the E2NE4 of Section 33,T4N, R64W of the 6th P.M.,Weld County,Colorado
Dear Mr. & Mrs. Shockley:
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 23-3-30.D "Home Occupations"
Section 23-3-40 "Uses by Special Review"
Section23-3-40.O "Home Business"
To bring your property into compliance with the Weld County Code:
The "Noncommercial Junkyard" consisting of derelict vehicles, semi/trailers, piles of debris
and other commercial vehicles shall be removed, restored or completely screened from all
adjacent properties and public rights-of-way.
A Use by Special Review or Home Occupation permit shall be obtained for the trucking
business that is currently being conducted on the property. To determine which permit would
obtain to you and any other questions regarding these permits or the application process, 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,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 sche .e an appointment, because individuals are n 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.
As discussed during a phone conversation on April 12,2006 the previously scheduled hearing
will be canceled because of our office having had the wrong mailing address. You stated most
of the vehicles have already been removed and you would be in next week to speak with a
planner. Please keep me updated as to the direction you plan to take regarding the business;
otherwise, if I have not heard back after 30 days a violation hearing will be scheduled.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used 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 42-3-202
to 42-3-337,C.R.S. This definition shall not include implements of husbandry,farm tractors or
vehicles customarily operated in a FARMING operation.
COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to
facilitate an activity where goods, products or services are bought, sold or transferred in
ownership on a fee, contract or barter basis, excluding those uses listed by right and
accessory uses in the A(Agricultural)Zone District. A COMMERCIAL VEHICLE shall include,
but is not limited to, semi-trailers, dump trucks, construction equipment, railroad cars and
cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the
condition of a DERELICT VEHICLE.
JUNK: Scrap brass, iron, lead, tin,zinc; all other scrap metals and alloys; bones; rags; used
cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances; used lumber or crates; building materials;fabrication of any material;used pipe or
pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES;
used tires and other manufactured goods that are so worn, deteriorated or obsolete as to
make them unusable in their existing condition.
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
April 14,2006,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,
it Z—
Ann Siron
Zoning Compliance Officer
pc: VI-0600056
Department of Planning Services
Bruce Barker, County Attorney
t;II;f$# Weld County Department of
Planning Services
Weeo Inspection Report
COLORADO 91810`"St
Greeley,CO 80631
Date of Inspection: , '
Permit/Case No.: \,..1 , ''� ,1....
Property Owner Name: ' j 4-•
Address:
Upon a(visual)(on-site)inspection of the property listed above,the following iter.
were noted:
r
Inspection by: Contact Name: (. . (1...1")
Contact Phone Number:970-353-6100,Ext 3555
Copy of this inspection-was: O Left on Site O •
Pictures taken during inspection: O Yes lallo
DEPARTM..tT OF PLANNING SERVICES
rit North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weid.co.us
Phone (970) 353-6100, Ext. 3566
ax (970) 304-6498
C FSouth est Office
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
April 5, 2006 � !Vt1 1e heila 8726 CR 57 1 I �2�� rVC� Ic6
Kersey, CO 80644 l r\ l
Subject: VI-0600056, Part of the E2NE4 of Section 33, T4N, R64W the 6th P.M., vvra County,
Colorado
I Dear Ms. Shockley: y � � sS
C
The property referenced above remains in violation of/the Wel l Co ty Code. I hay scheduled a
meeting with the Board of County Commissioners onfJune 13, 200Gat 10:00 a.m., o consider the
violations occurring on the property. The above mentioned property remains in violation of the
following Section(s) of the Weld County Code:
Chapter 23, Article III, Div 1 "A(Agricultural) Zone District"
Section 23-3-20 "Uses allowed by right"
Section 23-3-30 "Accessory Uses"
Section 23-3-30.1 "Noncommercial Junkyard"
Section 23-3-40 "Uses by Special Review"
Section 23-3-40.O "Home Business"
To bring the property into compliance:
The "Noncommercial Junkyard" consisting of several derelict vehicles, semi/trailers,
piles of debris and other commercial vehicles shall be removed, restored or completely
screened from all adjacent properties and public rights-of-way.
Additionally, it appears that there is a trucking company being run from the property
without the proper Use by Special Review (USR) permit. A USR application shall be
completed and submitted to the Department of Planning Services. 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,Colorado. At
our North office, an 'On-Call"Planner is available, Monday thru Thursday from 7:30 a.m.
-11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At
our Southwest office, an "On-Call" Planner is available Monday thru Thursday from
12:30 p.m. - 4:30 p.m. You do not need to schedule an appointment, because
individuals are seen on a sign in basis. Neither office will have a planner available on
Fridays for walk-ins. To better serve you, please bring this letter with you.
NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used 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 42-3-202 to 42-2-227, C.R.S. This definition shall not include
implements of husbandry,farm tractors or vehicles customarily operated in a FARMING
operation.
COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously
used to facilitate an activity where good, 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.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags;
used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools;
used appliances; used lumber or crates; building materials;fabrication of any material;
used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts;
DERELICT VEHICLES; used tires and other manufactured goods that are so worn,
deteriorated or obsolete as to make them unusable in their existing condition.
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,
Ann Siron
Zoning Compliance Officer
pc: VI-0600056
Department of Planning Services
Bruce Barker, County Attorney
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
A. Sign:, A
■ Complete Items 1,2,and 3.Also complete O Agent
item 4 if Restricted Delivery is desired. X O Addressee
• Print your name and address on the reverse
so that we can return the card to you. / Received by(Printed Name) C. Dat of D livery
• Attach this card to the back of the mailpiece, ,ok�, ti G7er Z 1 Pi�t 0 k•
or on the front if space permits. a
D. Is delivery address different from item 17 Y
1. Article Addressed to: If YES,enter delivery address below: O No
SHEILA SH0CKLEY
18726 CR 57
KERSEY, CO 80644 2(qq tz/I(pp
(Y• 3. Service Type
)Off Certified Mall O Express Mail
O Registered O Return Receipt for Merchandise
z/[7:1? `+- O Insured Mail O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7 04 289 0D�3 5709 2967
((;enter from service label)
PS Form 3811,February 2004 Domestic
Return-Receipt 102.595-02-M-1540
DEPARTMENT OE PLANNING SERVICES
6 North Office
Code 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 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
February 27, 2006
Sheila Shockley
18726 CR 57
Kersey, CO 80644
Subject: VI-0600056, Part of the E2NE4 of Section 33,T4N, R64W of the 6th P.M.,Weld County,Colorado
Dear Ms. Shockley:
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.O "Home Business"
To bring your property into compliance with the Weld County Code:
The"Noncommercial Junkyard" consisting of several derelict vehicles, semi/trailers, piles of
debris and other commercial vehicles shall be removed,restored or completely screened from
all adjacent properties and public rights-of-way.
Additionally, it appears that there is a trucking company being conducted on the property
without the proper Use by Special Review (USR) permit. A USR application shall be
completed and submitted to the Department of Planning Services. 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,Colorado. At our North office,an
"On-Call" Planner is available, Monday thru Thursday from 7:30 a.m. - 11:30 a.m. Our
Southwest office is located at 4209 CR 24.5,Longmont, Colorado. At our Southwest office,an
"On-Call"Planner is available Monday thru Thursday from 12:30 p.m.-4:30 p.m. You do not
need to schedule an appointment, because individuals are seen on a sign in basis. Neither
office will have a planner available on Fridays for walk-ins. To better serve you, please bring
this letter with you.
NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,paper,
rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also
include the storage or ket,ping 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 VUILDING 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; odes 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.
COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to
facilitate an activity where good, 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.
JUNK: Scrap brass, iron, lead, tin,zinc;all other scrap metals and alloys; bones; rags; used
cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances; used lumber or crates;building materials;fabrication of any material;used pipe or
pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES;
used tires and other manufactured goods that are so worn, deteriorated or obsolete as to
make them unusable in their existing condition.
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
February 27, 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,
2 l
Ann Siron
Zoning Compliance Officer
pc: VI-0600056
Department of Planning Services
Bruce Barker, County Attorney
SD '
1 rr cm 1y Department or
cPlanning Services
OInspection Report
COLORADO 918 10"' St
Greeley, CO 80631
Date of Inspection: 1 / l " _),-C Cr
Permit/Case No.: 1/ I-i k'/)'' C;-_ Cr
Property Owner Name: -)\ ,i V-,,
Address: ` ( '
Upon a(visual)(on-site)inspection of the property listed above, the following ite
were noted:
Inspection by: Contact Namel �, ; , •
Contact Phone Number: 970-353-6100, Ext. 3555
Copy of this inspection-was:10 Left
ef on Site O Mailed on:
Pictures taken during inspection: er Yes O No
DEPARTMENT OF PLANNING SERVICES
a North Office
Code Compliance Division
! 918 Street, Greeley, CO 80631
Website:e: 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
February 15, 2006
Sheila Shockley
18726 CR 57
Kersey, CO 80644
Subject: VI-0600056, Part of the E2NE4 of Section 33, T4N, R64W, Weld County, Colorado
Dear Ms. Shockley:
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 with the Weld
County Code is the presence of a "Noncommercial Junkyard" consisting of several derelict vehicles,
commercial vehicles and several piles of miscellaneous debris.
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.
SincerQ y,
L/.1lurG�Z—
Ann Siron
Zoning Compliance Officer
pc: VI-0600056
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
•
11(T‘'H
•
DEPARTMENT OF PLANNING SERVICES
wiipe
Code Compliance Division
918 10th Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated y),.)\) - Cisftrit4_
el ZONING CODE COMPLAINT ❑ Staff/Name: e Citizen ❑ Other:
• HEALTH DEPARTMENT Citizen's Name(If known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
• BUILDING CODE COMPLAINT
• PUBLIC WORKS/PEST& WEEDS
Date Complaint was received: - �i -��C
Pending Case#(i.e.USR,RE, SE, ect...): I
Legal Description: 6.)N ELI _34 -/pal Parcel #: /(16.2). —2) 0 `n \k
Violation Address: cci (tim ntr(-11)
C\'�
Property Owners Name: cJ) 1 IC enAiTh'y:r I in I Phone:
Property Owners Address: 1Z I F CR 67) 1
Ill(Use \.1 e nh(./ 1
Tenant's Name: Phone:
Tenant's Address: ``�
•
NATURE OF COMPLAINT: ae' {" (it f ( Lt L� f C(`I
Additional Notes:
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0926901 Parcel#: 105333000011
Tax Area: 2472 Bordering County: J q��y
Acres: 58.99 I -_�ty(,'1 C
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
04- 64- 33 -0 _ _
Owners Name&Address: Property Address:
SHOCKLEY SHEILA& Street: 18757 57 CR
18726 COUNTY RD 57 City: WELD
KERSEY, CO 80644 —.
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception#
10/2/2001 $0 QCN 2889342
Legal Description
PT E2NE4 33-4-64 LOT B REC EXEMPT RE-3018 (1.40R) SITUS: 18757 57 CR WELD 000000000
Land Valuation Summary
Land T e Abst Code Unit of Number of Assessed
yp Measure Units Actual Value Value
Agricultural 4147 Acres 3
Agricultural 4147 Acres 55.99
Land Subtotal: 58.99 $932 $270
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
1 Residential
Improvements Subtotal: $244,641 $19,470
Total Property Value $245,573 $19,740
Building Details
Account#: R0926901 Parcel#: 105333000011
Owners Name&Address: Property Address:
SHOCKLEY SHEILA & Street: 18757 57 CR
18726 COUNTY RD 57 City:WELD
KERSEY, CO 80644
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Modular Year Built: 2002
Exterior: Frame Vinyl HVAC: Central Air to Air
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=10533... 02/13/2006
Identify Results Page 2 of 2
Interior Finish: Drywall Built As SQ Ft: 2356
# of Baths: 2 Roof Type:
# of Bdrms: 3 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: 2356 Finished SQ Ft:
http://maps.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=10533... 02/13/2006
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