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HomeMy WebLinkAbout20070956.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600549 AGAINSTJORGE QUINONES,C/O LEON MARDESEN 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, Jorge Quinones, do Leon Mardesen, VI #0600549, 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 10th day of April, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jorge Quinones, c/o Leon Mardesen 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 Jorge Quinones, c/o Leon Mardesen 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. 0956 PL0824 67Uc- 04-orto-o 7 VIOLATIONS -VI #0600549 - JORGE QUINONES, CIO LEON MARDESEN PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 10th day of April, A.D., 2007. BOARD COUNTY COMMISSIONERS WELD C TY, COLORADO ATTEST: -DLL/ ��. � �► C(& C c. I "�"� �►.vid E. Long, Chair Weld ounty Clerk to the Ag, ,. illiam . J-' e, ' ro-Tem BY: {iA ( f V� 7�� � �ri� ,� �/ Depu Clerk-to the Boar� ��� j� � � �� Willi t/01044, APP AST .• Robert D. Masden y At orney \ ap Q•yvt ,E_ Douglas ademacher Date of signature: 4l93/D-7 2007- 0956 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Jorge Quinones, do Leon Mardesen Violation: VI-0600549 Address: 5941 S Spotwood, Littleton, CO 80020 Legal: NE4NW4 of Section 30, T5N, R65W lying South of Railroad right-of-way at the 6th P.M., Weld County, Colorado Location: Approximately Y mile South of 37th Street and directly West of 17th Ave North: Evans city limits South: Some Agricultural zone districts and Evans city limits East: Evans city limits West: Some Agricultural zone districts and Evans city limits Parcel Number: 0961-30-2-09-015 Acreage: 1.5 +!- Certified mail date: February 21, 2007 Received: February 28, 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, 23-3-40 and 23-3-40.O of the Weld County Code. REMEDY To bring the property into compliance a Use by Special Review application shall be completed and submitted to the Department of Planning Services for the commercial auto repair business that is being conducted on site. Otherwise, any vehicles that are not owned by the resident's of the home on the property shall be removed. Any derelict vehicles that ARE owned by resident's shall be restored, removed or completely screened from all adjacent properties and public rights-of-way. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. CASE HISTORY December 3, 2006 Initial complaint received. December 12, 2006 Five day compliance encouragement letter issued. January 2, 2007 Violation letter issued. February 16, 2007 Property inspected. Property remains in violation. February 21, 2007 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2007-0956 Weld County Department of Wiii Planning Services O Inspection Report COLORADO 918 10th St . Greeley, CO 80631 DateofInspection: /I. e� Cl-7 r Permit/Case No.: V I I i ((76g) (I)/Property Owner Name: 1�' / l i y 1 r r j >{ j J C Address: 17 a O i✓/fl /(7 Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: i /.7_{ /( /) .^ n, f7,^! /II 7 /Tf %r"lh. (,„' (r..L / (1 ---/72C--j f)( (' it/'I41 \i . t / 1/ )/ //y 7r.y - 1 I /)7 Inspection by: / / Contact Name: / c / /7 r; y Contact Phone Number: 970-353-6100,Ext. 3555 or Ext.3566 Copy of this inspection Pictures taken during inspection: t7 Yes e'No a DEPARTN,_,4T OF PLANNING SERVICES North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 WWW.CO.WELD.CO.US lie E-mail Address: asiron@co.weld.co.us WI Phone (970)353-6100, Ext. 3566 Fax (970) 304-6498 Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720) 652-4211 February 21, 2007 Jorge Quinones do Leon Mardesen 5941 S Spotswood Littleton, CO 80020 Subject:VI-0600549, NE4NW4 of Section 30, T5N, R65W lying South of Railroad right-of-way at the 6th P.M., Weld County, Colorado Dear Sirs: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on April 10, 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 23-3-40 "Uses by Special Review" Section 23-3-40.O "Home Business" To bring the property into compliance: A Use by Special Review (USR) permit shall be completed and submitted to the Department of Planning Services for the auto repair business that is taking place on the property. For questions concerning the 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 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 Jl YARD may also include the storage keel of DERELICT VEHICLES registered last or currently registered underthe property owner and/or tenants named 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 VEHICLES: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its bodywork 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. 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. Sincer Ann S ron Zoning Compliance Offic. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY items 1,2,and 3.Also complete pc: VI-0600549 • Complete t ti-2 I , Department of Plannir • item 4 if Restricted Delivery is desired. c / O Agent P Print your name and address on the reverse .7 i )6Z ; ![7 Addressee Bruce Barker, County so that we can return the card to you. B. Received by Trod Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, / '1 y J or on the front if space permits. Weld ('A�/%=�'d%w�C Cti�'✓ea, -z -0 County � flIu lie efNferent from item 1? ❑ Yes 1. Article Addressed to: GREEI EY@FWWin`itterr delivery address below: O N jolt e ttlut..flotltS C(p 1'nCtrtiGSerl FEB 2 8 2007 aLU S �tseoo36 REC® Lr-Ue"Vs') , Co SboaC 3. S Certified Mail O Express Mail Registered O Return Receipt for Merchandise ❑ Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number (Transfer from service label) 7005 1160 0001 4538 ❑540 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 DEPARTMENT OF PLANNING SERVICES (ssea North Office Code Compliance Division 918 1 Street, Greeley, CO 80631 Website:e: WWW.CO.WELD.CO.UO.US E-mail Address: asiron@co.weld.co.us ' Phone: (970) 353-6100, Ext. 3566 Fax: (970)304-6498 C Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 CANA tf 1 2 &r to.) 7 1. December 27, 2006 Fti-elsf l h6r.t.9 1 4�OSA Jorge Quinones do Leon Mardesen 5941 S Spotswood Littleton, CO 80020 flu it Sl��S Subject: VI-0600549, NE4NW4 of Section 30,T5N, R65W lying South of Railroad right-of-way at the 6th P.M., Weld County, Colorado Dear Mr. Mardesen & Mr. Quinones: 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 operation of an automobile repair shop without the proper Use by Special Review permit. 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, Ann Siron Zoning Compliance Officer pc: VI-0600549 Department of Planning Services SERVICE,TEAMWORK.INTEGRITY,QUALITY DEPARTMENT Or PLANNING SERVICES North Office Code Compliance Division f 918 10th Street, Greeley, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us Ili lie Phone: (970) 353-6100, Ext. 3566 Fax: (970) 304-6498 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 January 2, 2007 Jorge Quinones c/o Leon Mardesen 5941 S Spotswood Littleton, CO 80020 Subject: VI-0600549, NE4NW4 of Section 30,T5N, R65W lying South of Railroad right-of-way at the 61h P.M., Weld County, Colorado Dear Sirs: 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.O "Home Business" To bring your property into compliance with the Weld County Code: A Use by Special Review(USR)permit shall be completed and submitted to the Department of Planning Services for the auto repair business that is taking place on the property. For questions concerning the 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 10`h 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. 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 January 2, 2007, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Ann iron C..-J Zoning Compliance Officer pc: VI-0600549 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES (itd North Office Code Compliance Division 918 10th Street, Greeley, CO O.0 Website:iIAd WAddress: W.on@co. D.CO.US E-mail Address: asiron@co.weld.co.us ■ Phone: (970) 353-6100, Ext. 3566 I Fax: (970)304-6498 C Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 December 27, 2006 Jorge Quinones do Leon Mardesen 5941 S Spotswood Littleton, CO 80020 Subject: VI-0600549, NE4NW4 of Section 30,T5N, R65W lying South of Railroad right-of-way at the 6'h P.M., Weld County, Colorado Dear Mr. Mardesen & Mr. Quinones: 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 operation of an automobile repair shop without the proper Use by Special Review permit. 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. Sincere) , Ann Siron Zoning Compliance Officer pc: VI-0600549 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY.QUALITY • 11 6 DEPARTMENT OF PLANNING SERVICES C Code Compliance Division 918 10th (970) 6le , CO 80631 O Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: V 'L-040064,C1 e ZONING CODE COMPLAINT 0 Staff/Name: p4tizen ❑ Other: C HEALTH DEPARTMENT Citizen's Name(If known): C WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(1f known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: /�a - 3-Q(, Pending Case#(i.e. USR, RE, SE, ect...): p Legal Description: NIE4 MO4 2Z)-6-16, 1,.,,�I r .D cQ 2Q2. Parcel ,",: 09-14 SO -2—O? -d/� Violation Address: I 72O at/j.I rOa(+� ,.aCoinO 15'. Property Owners Name: Altait 0144Ciaarl Phone: Property Owners Address: 59 g/ 3 C is wccc / t4-b*0/"'� (7) $aDa Tenant's Name: • Phone: Tenant's Address: /? NATURE OF COMPLAINT: Additional Notes: nl j Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4022086 Parcel#: 096130209015 Tax Area: 0641 Bordering County: Acres: 1.5 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 05 - 65 - 30 - 2 ST LOUIS WESTERN COLONY- - 2 Owners Name&Address: Property Address; QUINONES JORGE C Street: 1720 RAILROAD DIAGONAL ST EVANS C/O LEON MARDESEN City: EVANS 5941 S SPOTSWOOD LITTLETON, CO 80020 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 4/20/2004 $150,000 WD 3174091 Legal-Description 13425 PT L2 NE4NW4 30-5-65 LYING S OF RR R/W SITUS: 1720 RAILROAD DIAGONAL ST EVANS 0 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 1.5 Land Subtotal: 1.5 $45,000 $3,580 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $101,035 $8,040 Total Property Value $146,035 $11,620 Building Details Account#: R4022086 Parcel#: 096130209015 Owners Name &Address: Property_.Address: QUINONES JORGE C Street: 1720 RAILROAD DIAGONAL ST EVANS C/O LEON MARDESEN City: EVANS 5941 5 SPOTSWOOD LITTLETON, CO 80020 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1942 http://maps2.melrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=0961... 12/27/2006 Identify Results Page 2 of 2 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1092 # of Baths: 1 Roof Type: #of Bdrms: Roof Cover: Composition Shingle #of Stories: 1 Rooms: Units: 0 Garage: Attached SQ Ft: 320 Detached SQ Ft: 1200 Basement: Total SQ Ft: 180 Finished SQ Ft: • http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0961... 12/27/2006 I11111111111 IIIII BSI IIIII IIII 111111 III IIIII IIII IIII O% 3174091 04/27/2004 09:57A Weld County, CO 1 of 1 R 6.00 D 15.00 Steve Moreno Clerk&Recorder Filed r for record the day of ,A.0. , at o'clock M. RECORDER Reception No. By DEPUTY. • WARRANTY DEED , 9-,_3- 'I THIS DEED. Made on this day of April 20.2001 thjill 15.E • oetwcen LEON E.AIAkD ESCN • • of the County of WELD and State of Colorado , the Grantor(s), and JORGE C.QUINONES • • • whose legal address is : 1720 RAILROAD DIAGONAL.EVANS.CO 80620 of the County of WELD and State of Colorado , the Grantee(s): WITNESS, toe: the Grantor(s), for and in consideration of the sum of ( 5150,000.00 1 "'One Hundred Fifty Thousand and 00/100•m' DOLLARS 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 Grantee(s), his heirs and assigns forever, all the • real property, together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado, described as follows; ALL THAT PART OF LOT 2,IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30,TOWNSHIP S NORTH. RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN.WELD COUNTY.COLORADO.WHICH LIES ON THE SOUTHERLY SIDE OF THE ABANDONED RIGHT OF WAY OF THE DENVER.LARAMIE AND NORTHWESTERN RAILROAD AS • THE SAME WAS SURVEYED AND LOCATED OVER AND ACROSS SAID LOT 2,SAID LOT BEING INDIC\TED UPON A PLATTING OF THE ST.LOUIS WESTERN COLONY.COUNTY OF WELD.STATE OF COLORADO. • !. also known as street number 1720 RAILROAD DIAGONAL .EVANS.CO 80620 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining end the reversion and reversions, remainder and remainders, rents, issues end profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, nis heirs and personal representatives, does covenant, grant, .• bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the cnsealing 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 r ghc, full power and lawful authority to grant, bargain, sell and convey the same in nner and form as aforesaid, ana that the same are free and clear from, all former and other '.f grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, SUBJECT TO GENERAL TAXES FOR THE YEAR 2004;AND EASEMENTS.RESERVATIONS,RESTRICTIONS.COVENANTS AND RIGHTS OF WAY OF RECORD,IF ANY;AND DISTRIBUTION UTILITY EASEMENTS;AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF WIIICH GRANTEE HAS ACTUAL KNOWLEDGE;AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT;AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS.IF ANY. • The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set ,,forth above. • • • LEONE. ���/�i11�n-1� LEON E.MARDESEN STATE OF Colorado ) )55. County of WELD ) • • • • • • • The foregoing instrument was acknowledged before me on this day of April 20.2004 by LEON E.MARC ES:a' • Ad IE A.LAW /// .. NOTARY COLORADO • / 7796 My commission exl'r&TATE OFCOLORADO I/\ Witness my hand wilreeirieheendp, . . . My Commission Expires Nov.17,2000 Notary P t Name and Address of Person Creating Newly Created Legal Description ( 38.35-106.5, C.R.5.) Escrow# GR 250G 0689 When Recorded Return to: JORGE C. QUINONES Titled fC25040689 • 1720 RAILROAD DIAGONAL • form No. 932 Rev 4-94. 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