HomeMy WebLinkAbout20070373.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST LOT HOLDING INVESTMENTS, LLC, JEFF GREGG, AND PETER
ZIEMKE 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, Lot Holding Investments, LLC, Jeff Gregg, and Peter Ziemke, VI #0600407,
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, Jeff Gregg, representative, 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 March 13,2007,to allow adequate time for the property owner to restore, remove
or screen the noncommercial junkyard from all adjacent properties and public rights-of-way, and
to remove all 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 #0600407 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Lot Holding Investments, LLC, Jeff Gregg, and Peter Ziemke 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 March 13, 2007,
to allow adequate time for the property owner to restore, remove or screen the noncommercial
junkyard from all adjacent properties and public rights-of-way, and to remove all the commercial
vehicles to bring the subject property into compliance.
2007-0373
PL0824
(10 1 ,0L , UCO L 03 O( -O7
VIOLATIONS -VI #0600407 - LOT HOLDING INVESTMENTS, LLC, JEFF GREGG, AND
PETER ZIEMKE
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 COUNTY COMMISSIONERS
WELD C TY, C.LO D•
ATTEST: /'�"H''�{� ee'lN 4 � 1 E L i
J�1 id E. Long, Chair
Weld County Clerk to the Boa = Ue,20
4-0
;m . Je,e -Tem
Deputy Clerk to the Board
Wi 'am F. arcia
APP •
S
Robert D. Masden
y Attorney
Douglas ade ec11�r
Date of signature: S 7
2007-0373
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Lot Holding Investements LLC
Attorney: Jeff Gregg /Peter Ziemke
Violation: VI-0600407
Situs Address: 156 CR 23.5, Brighton, CO 80603
Mailing Address: 1760 Broad St Unit E, Milliken, CO 80543
Legal: SE-656 also known as part of the SE4 of Section 36, Ti N, R67W of the 6th P.M.,
Weld County, Colorado
Lot B of RE-4290 also known as part of the SE4 of Section 36, T1 N, R67W of the
6th P.M., Weld County, Colorado
Location: East of and adjacent to CR 23.5 and North of CR 2
North: Gravel Mining,Agriculturally zoned properties and Wattenburg
South: Adams County
East: Agriculturally zoned properties, Sylmar Manor MHP and Brighton
West: Agriculturally zoned properties
Parcel Number: 1469-36-4-00-021 Acreage:
1469-36-4-00-020
Certified mail date: December 5, 2006 Received: December 12, 2006
January 10, 2007 January 16, 2007
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30,
23-3-30.1 and 23-3-30.M of the Weld County Code.
REMEDY
To bring the property into compliance the following shall occur:
► The Noncommercial Junkyard shall be removed, restored or completely screened from all
adjacent properties and public rights-of-ways.
► The number of Commercial Vehicles shall be reduced to no more than 1 (one) or a Use by
Special Review 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.
CASE HISTORY
•
August 24, 2006 Initial complaint received.
September 14, 2006 Initial inspection completed.
2007-0373
Lot Holding Investments
Page 2,VI.0600407
September 14, 2006 Five day compliance encouragement letter issued.
September 25, 2006 Violation letter issued.
December 4, 2006 Property inspected. Property remains in violation.
December 5, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
January 8, 2007 Received fax from Peter Ziemke regarding an eviction hearing scheduled for
January 24, 2007.
January 9, 2007 The Board of County Commissioners continued this Violation Hearing to the
February 13, 2007 Violation Hearing per the applicants request.
January 10, 2007 Letter sent to the property owner indicating that the violation case was re-
scheduled before the Board of County Commissioners.
01/10/07 12:01 FAX 2001
*********************
*** TX REPORT ***
*********************
TRANSMISSION OK
TX/RX NO 2592
CONNECTION TEL 95876914
SUBADDRESS
CONNECTION ID
ST. TIME 01/10 11:59
USAGE T 01'30
PGS. SENT 4
RESULT OK
FAX TRANSMISSION
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: bsaizman4co.weld.co.us
PHONE: (970) 353-6100, Ext. 3555
FAX: (970) 304-6498
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
To: Peter Ziemke Date: January 10, 2007
Fax: 970-587-6914 Pages: 4, including this cover page
Phone: 970-587-6904
From: Bethany Salzman
Zoning Compliance Officer
bsalzmanQco.weld.co.us
Subject: Lot Holding Investments LLC
COMMENTS:
Please see the following letter showing the continued hearing date of February 13, 2007 @ 10:00.
DEPARTMENT OF PLANNING SERVICES
‘tirt
a Compliance Division
NORTH OFFICE
91 8 10TH Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
C E-mail Address: bsalzman(a�co.weld.co.us
O PHONE: (970) 353-61 O0, Ext. 3555
FAX: (970) 304-6498
COLORADO SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
January 10, 2007
LOT HOLDING INVESTMENTS LLC
1760 BROAD ST UNIT E
MILLIKEN, CO 80543
Subject: VI-0600407, SE-656 also known as part of the SE4 of Section 36,T1 N, R67W of the 6th
P.M., Weld County, Colorado *** 156 CR 23.5***
SE-656 also known as part of the SE4 of Section 36, T1 N, R67W of the 6`" P.M.,
Weld County, Colorado
Dear Lot Holding Investments LLC:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on February 13,2007,at 10:00 a.m.,to consider the
violations occurring on the property. The above mentioned property remains in violation of the
following Section(s) of the Weld County Code:
Chapter 23, Article III, Div 1 "A (Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-30.1 "Noncommercial Junkyard."
Section 23-3-30.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."
To bring the property into compliance:
► The presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT
VEHICLES. In the Agricultural Zone District,while a Noncommercial Junkyard is an
Accessory Use, it must be SCREENED from all adjacent properties and public
rights-of-ways.
Lot Holding Investments LLC
Page 2,Vl-0600407
► The presence of multiple COMMERCIAL VEHICLES, some in operable condition
and some apparently in Derelict Condition. Screening is not an option for
Commercial Vehicles whether operable or derelict. Special permits are necessary
for multiple Commercial Vehicles. 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 loth 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.
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.
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.
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.
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.
Lot Holding Investments LLC •
Page 3,VI-0600407
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,
( -43r\et3-01-*Cn
Bethany Sal Salzmann Zoning Compliance Officer II I ;^ 8 R
J
pc: VI-0600407 �a 5 > z m ' c
Department of Planning Services 0 0 5 0 E
o.
Bruce Barker, County Attorney g
CS lei
; I^ °
`� N , d C
U.S. Postal Service.., o � c w r) o e PI
CERTIFIED MAIL, RECEIPTLn �— z ❑ 0 0 m
..o (Domestic Mail Only;No Insurance Coverage Provided) 0 �, c -' 'I > _ d ui
F r•eliverymt•rmati•n visit urwe•site at www.us•sc•m,., _ it 'C.-) a v m v .a li a-
•
rte. t a C m $ a 8, m 2 o a
o
m o , u.� r � ! \ .2C o m m � � o
jn w r v t.4. t oTdnH c o s.
S Postage $ d �' m y m r. R o o c =
8
0 It o fi
Certified Fee - u d m d m ,rk,e .n E
izi 2
Return Receipt Fee Postmark _ I` ' m
P (Endorsement Required) Here ® U O W a cr
l= r Delivery Fee my_
Is. N U'1
,� (Endorsement Required) m y (8(,1 a = cco E
N t c,....„,
H Total Postage&Fees $ 2 E m .W CO w °y LLI r- 8
2 J p
tzi Sent To ON`. o L W Toc e�/j`'
uj
o LOT HOLDING INVESTEMENTS LLG w my o 6Z w c C —,N Street,Apt No.; Q y co P 0W R. P
or PO Boa"°. 1760 BROAD ST UNIT E h O1 a• -e w o E HH rH+y� ---.> o
ciN.State,zlPie S ≥9 t 2 a W `L L! N
i MILLIKEN CO 80 mom t o z a , '� m
r t W N v C «o a H F
• N_ o C E r_ 2 E U lL
N N A N o C H w 8 -
• - o c OO2 0 C] c, S E
occ '23fm c` a P'+ W § .8 aD
t i t Q O P7 H Z � M
E� m x O 7 m • E
• O y c 0h' 0 U H 2 r7 0 2 O
w o c a w Q `o T¢ O rd & N
■ ■ ■ r •i a
.s NT( I
5
—N _sill_
. at r
: ., .. ., ,
,,,, .:„.,,,,,, ,
.0 —JH _ ,
.. . • • .
4
.. , Nc.,,
,� 11: �
CI
i
1■ Lt/,
a BrightonI \ -
, r Lot Holding
Investments ,4 ,51,1 CR 2 .ell. 1 u J1 ' ;/ r`1
` II _ .
. . . \1 •
It .
t Or
— _::::4". —� ..—.Y''''- \
i
tt f
illit\\NO'.'' 'IP' •1{i1t° �-J
Il
\\ I i, .lisH ... . ,
.. .
,. .. ._ . ................
s .,...... , . 1.. 1 , is Wilk -...„i
Illt - . .
, , L Aim , i
,. . . no; ...0",
rit.'11. L , _.........„„ ._ _....,„,„. ... ,, , , ,
y •+t.- �1 .. ..
24613N1
f •
... _ •
Ii (1
I 1. .. I t y : 1
•• ;., ,•, ...../ ... ...../c ii •
_�__________
_��
1 ` ~-- - — �.-r.a J'i�.�.-----.
b _ .�
li.......—....——....a.—...... i .......... .....a.a.. .ea
��j r��a
• ` ` ` ' ..s
.t.kN_
. . I ‘ .
•
St. il
N .
\' i L
*.•
i* i.:% i i N
• • $
a_ 1ns•
ell air , St
411 IIII
1
: II
IP
. s, / . ' -'. i . 4
aT ► 3.ti
0 •r
02 / 12 / 2007
��
414, i, _. . ,. •
p
N/t I \,,.‘.4 X
4
i Ile ,l s.. J t
N4 /44 4
••... '••., Iiiii..\IC\\von: '6.'0 ••••••..
r .0._..........................................i.?..9
L---�....._ , •
.a
1
--•
/ �
i
1 ' • # !it- _.... 9 1 k /t Nwirt.
ft .
i - . A / : • .
. _
g : ,
, , \ Bk . `i - -
„ wi.111L0,• _�_r I
4 . _ .
-\III 4 lb .
tige
/ .
lr
r
a. ••
as • . _AN . .. ,..
a • ,
, ,
_ il • .! .
,,e
...'3 I. le. I . . - • f
. ts :l r
f ' S _• r" i
I �r
{'. ssrr.
•
.t
II. . • , dlii :
fe .m .. ..0. •1,O( 4.
.
It-
air ..
alltairai 02 / 12 / 2007
.., __ _ _
, rn
. ,
a '
. Pi
•• . /Ili . 1/4 il
. Nil/ II 1044431/46:k lc _ ,
1/4 , 1/4% .....• s,--V--"Ailb\-- islars.
4 ..1 ID Larne,, ..),, ..-4\ ,
N.
• y . • ;
11/4 1114 listive
-4. .AF.
N.
.... N\1/4 '.•
i
IN
1
It
• 1
l\
• .ICIIININIIIIIINIC. ‘ \\I,4_4\sb .:1\t: , 1\S\
11
•
• ,. _ P., h . l•...
IlliolfaS4 %I. nab
ilkiiiits
\41/4
0 MOM Ill 1�.�a�r ..r *lII►7Vir `lig
S
a • iit t. . . . . .... ...EPS kiwi. e +me ieelki
1 { f
4.10 de 2 i
. %
M • 0% •
-
„ a nag , , ,..
a , I \ ..
_ f • • : ..
li . -a \ •
1 • . •...- \ i a
a- gi'
... \ r
vir,,,,,iiiiim
le
r et
_ _
tiN .‘b. • i _ ,‘IIIIS .
* e.
4 s.ii _
' _,.r -
_ , / do
si .. I
•
11 lis r
..... INA
IC' oatb:
•
•
•
t
i
•
j - -` _ ,,,
i i
•
' it* r I- ; . 4 ,, k . r a • t i F 0 ..4.: WIP5,— .
a ' 9 ,&11
'Y 7 � M
MI•
-ems
•
-•
• i
1 pospoopil
ar
;Leer- itiTit ... _ sr!
. TwAlll
r
•
akar
viiihti _
lir
ti -
' .ee-
.
AO
1
` r
I �, ,\ , ) .. .,. . I ,
w. I
• 1 ••
•
J ii . f . t
lk. 1 4, ,, . .
is i
r" it . - _ ..
,-•••••••••••••silligi no ...-- . .... .....
l.
♦; ` Y -
a
41;r1
+.a 0
_ _ ,
Hello