HomeMy WebLinkAbout20072855 RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST DAVID SMOLJAN 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, David Smoljan, ZCV#0701037, 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 11th day of September, 2007, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,and
WHEREAS, David Smoljan 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 October 11, 2007,to allow adequate time for the tenant to remove the mulch pile
and the commercial vehicles from the site to bring the 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 ZCV#0701037 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against David Smoljan 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 October 11, 2007, to allow adequate time for the tenant to remove the
mulch and commercial vehicles to bring the subject property into compliance.
2007-2855
ft ut0c- PL0824
Oq -d b-O7
VIOLATIONS -ZCV#0701037 - DAVID SMOLJAN
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 11th day of September, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
E � WEcOUNTORADO
ATTEST: 4 .11
! �` ' .•` o``��JJ��
David E. Long, Chair
Weld County Clerk to the t3. r.
fir. ti,�I EXCUSED
` I Williar0 H. J?rk , Pro-Tem
BY. r (ZGY / Dfur:,rr /CC�
D: uty Crk to the :.:rd //t
Wiliam F. Garcia
AP AST M: Robert D.D. Masden
ounty Att rney — �on� ((���o ,, ,
Douglas' ademach r
Date of signature: (16-4/67
2007-2855
PL0824
Violation Summary Report
BASIC INFORMATION
SMOLJAN DAVID J (1/3 INT) & 556 COUNTY ROAD 16 1/2 LONGMONT, CO 80504-9467
Tenant:
Compliance Officer: Bethany Salzman
Violation Number: ZCV07-01037
Situs Address: 5818 CR 22
Legal: BA-4 L4 & 5 BUFFALO ACRES SITUS: 5818 22 CR WELD 00000
Location: Location South of and adjacent to CR 22
North Firestone
South Frederick
East Firestone
West Firestone
Parcel Number: 131313101004-R5616386 Acreage: 11.47
Certified Mail Date: 08/16/2007
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.
23-3-40 Uses by special review
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 subdivision. PUD development proposals shall not bE
permitted to use the special review permit process to develop.
23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as
the USE complies with the general intent of the A(Agricultural) Zone District.
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.
REMEDY
Chuck's Tree Service shall be completely removed from the property or appropriately permitted. I
suggest that you speak to one of our"On-Call Planner's". See above for their hours.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
06/11/2007 Complaint Validated
06/12/2007 LTTR: 5 Day Letter
06/25/2007 LTTR: Violation Notice
08/16/2007 LTTR: Hearing Notification 2007-2855
Violation Summary Report
OTHER CASE HISTORY
06/11/2007 Property Inspected Upon a visual inspection of the property, the following
items were noted: large amount of mulched up wood and
a large pile of wood chuncks. Several commercial
vehicles and a few pieces of commercial equipment. See
pictures dated 06/11/07.
08/08/2007 Property Inspected Upon a visual inspection of the property, the following
items were noted: Still a LARGE pile of mulched wood
and commercial vehicles. Proceed with Violation Hearing.
No pictures were taken during this inspection.
08/20/2007 Certified Mail Receipt Certified Letter received.
"PARTMENT OF PLANNING SERVICES
Compliance Division
(} NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
Phone Number: 720-652-4210 x 8739
e0 Fax Number: 720-652-4211
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO
Longmont, CO 80504
V�J�.R J Phone: (720)652-4210, Ext 8730
August 16, 2007
SMOLJAN DAVID J (1/3 INT)&
556 COUNTY ROAD 16 1/2
LONGMONT, CO 80504-9467
Violation Number: ZCV07-01037
Legal Description:
BA-4 1.4&5 BUFFALO ACRES SITUS: 5818 22 CR WELD 00000
Dear SMOLJAN DAVID J (1/3 INT)&:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
The above mentioned property remains in violation of the following Section(s)of the Weld County
Code:
Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-40 Uses by special review
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 subdivision. PUD development proposals shall not be permitted to use
the special review permit process to develop.
23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as the
USE complies with the general intent of the A(Agricultural)Zone District.
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.
To bring your property into compliance with the Weld County Code:
Chuck's Tree Service shall be completely removed from the property or appropriately permitted. I
suggest that you speak to one of our"On-Call Planner's". See above for their hours.
PARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
ID Phone Number: 720-652-4210 x 8739
Fax Number: F
SOUTHWEST EST OFFICE 4209 CR 24.5
COLORS Longmont, CO 80504
Phone: (720)652-4210, Ext 8730
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 Commisioners 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,
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV07-01037
Department of Planning Services
Bruce Barker, County Attorney
D \RTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
41
918 10th Street
Greeley, CO 80631
Email Address: bsalzman@co.weld.co.us
Phone Number: 720-652-4210 x 8739
Fax Number: 720-652-4211
SOUTHWEST OFFICE
4209 CR 24.5
Vx ltjDO Longmont, CO 80504
l.1 iJ Phone: (720)652-4210, Ext 8730
Fax: (720) 652-4211
June 22, 2007
SMOLJAN DAVID J (1/3 INT) &
556 COUNTY ROAD 16 1/2
LONGMONT, CO 80504-9467
Legal Description: ZCV07-01037
• BA-4 L4 & 5 BUFFALO ACRES SITUS: 5818 22 CR WELD 00000
Dear: SMOLJAN DAVID J (1/3 INT) & :
The uses on the above described property are being considered as a zoning code violation of
Sections of the Weld County Code. Currenly your property is in violation of the following Section(s)
of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District
23-3-20 Uses allowed by right
23-3-30 Accessory uses.
23-3-40 Uses by special review
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 subdivision. PUD development proposals shall not be permitted to
use the special review permit process to develop.
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.
To bring your property into compliance with the Weld County Code:
Chuck's Tree Service shall be completely removed from the property or appropriately
permitted. I suggest that you speak to one of our"On-Call Planner's". See above for their
hours.
It is the intention of this off. .o assist and cooperate with you without it sing undue hardhsips;
however, we have no discretion in this matter if you fail to correct this violation. You have until
07/25/2007, 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,
Bethany Salzma
Zoning Compliance Officer II a fA
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pc: ZCV07-01037 o❑ '°,t f
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Department of Planning Services I I i 1 r9
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DEt . .r2TMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
` Email Address: bsalzman@co.weld.co.uco.us
Phone: 720-652-4210 x 8739
Fax: 720-652-4211
SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
RO Phone: (720)652-4210, Ext 8730
Fax: (720)652-4211
June 12, 2007
SMOLJAN DAVID J (1/3 INT) &
556 COUNTY ROAD 16 1/2
LONGMONT, CO 80504-9467
•
Legal Description: ZCV07-01037
BA-4 L4 & 5 BUFFALO ACRES SITUS: 5818 22 CR WELD 00000
Dear SMOLJAN DAVID J (1/3 INT) &:
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:
It has been brought to my attention that you are operating"Chucks Tree Service"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.
Fridays are reserved by appointment only. 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: ZCV07-01037
Department of Planning Services
Bruce Barker, County Attorney
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5616386 Parcel#: 131313101004
saifora-
Tax Area: 2298 Bordering County:
Acres: 11.46
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
02 - 68 - 13 - 1 BUFFALO ACRES - -4
Owners Name&Address: Property Address:
SMOUAN DAVID J (1/3 INT) & Street: 5818 22 CR
556 COUNTY ROAD 16 1/2 City: WELD ^�LONGMONT, CO 80504-9467k';�,5Ad _
TAN
itiA al DALE (1/3 INT)
TANAKA DALE (1/3 I &
KAMIN WILLIAM B (1/3 INT) Vjd
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
9/29/2003 $0 SWDN 3113716
Legal Description
BA-4 L4&5 BUFFALO ACRES SITUS: 5818 22 CR WELD 00000
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Agricultural 4117 Acres 5.77
Agricultural 4117 Acres 5.69
Land Subtotal: 11.46 $4,563 $1,320
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value
Value
1 Residential
Improvements Subtotal: $99,169 $7,890
Total Property Value $103,732 $9,210
Building Details
Account#: R5616386 Parcel#: 131313101004
Owners Name&Address: Property Address:
SMOUAN DAVID J (1/3 INT) & Street: 5818 22 CR
556 COUNTY ROAD 16 1/2 City: WELD
LONGMONT, CO 80504-9467
Building# Property Type
1 Residential
http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1313... 05/21/2007
Identify Results Page 2 of 2
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 1927
Exterior: Frame Hardboard HVAC: Forced Air
Interior Finish: Plaster Built As SQ Ft: 1232
#of Baths: 1 Roof Type:
#of Bdrms: Roof Cover: Composition Shingle
# of Stories: 1
Rooms: Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: 354 Finished SQ Ft:
httn://mans2.merrick.com/Website/W eld/setSu 1.asp?cmd=QUERY&DET=PP&pin=1313... 05/21/2007
ise DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
C
I 918 10i° Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
•
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
tef. ZONING CODE COMPLAINT O Staff/Name: X Citizen ❑ Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: 5"Z-r"C1
Pending Case#(i.e:USR, /RE, SE,ect...):
Legal Description: \-"p4 et 5 7�UF &LO ( CYO ; Parcel#: lb\5-13-\'o t'Do�
Violation Address: 5$\B C-2- u
(�,� � t U1/41ern, 1 anz�ka 1 ale.
Property Owners Name: SmO\jdf, \)d\\0 �c ` -t n t Phone:
Property Owners Address: r'0 (-0 CL t(..O t/a i Lornv\m3 I ^o of -- Q- v,
Tenant's Name: • Phone:
Tenant's Address:NATURE OF COMPLAINT: OJ2h0. Crn oc C NS WitC _- N
10\'kkxtAtX �D2x t
Additional Notes: ki 3\\-b—\\Lo
I11111111111IleIiIIII11111111111111111II!11111IIIIIIII
3116 1 1 of 1 0 R16.00 00 3 02:45P Weld County,0.00 Steve Moreno Clerk&Recorder
SPECIAL WARRANTY PEED
THIS DEED, Made this 29th day of September, 2003, between 3Gs79
DAVID J. SMOLJAN, as to an undivided 56.479991 interest; DALE TANAKA, %`to an
undivided 33.33333% interest; and WILLIAM B. KAMIN, as to an undivided
10.18668% interest
of the County of WELD and State of Colorado, grantor(s) , and
DAVID J. SMOLJAN; DALE TANAKA and WILLIAM B. RAMIE", each as to an undivided
1/3e° interest, as tenants in common
whose legal address is 556 WCR 16 1/2
LONGMONT, CO 80504
of the County of WELD and State of Colorado, grantee(s) :
WITNESSETH, That the grantor(s) , for and in consideration of the sum of
NO CONSDIERATION, the receipt and sufficiency of which is hereby acknowledged,
have granted, bargained, sold and conveyed, and by these presents do grant,
bargain, sell, convey and confirm, unto the grantee(s), their 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:
Parcel is
Lot 4, Buffalo Acres, County of Weld, State of Colorado.
Parcel 2:
Lot 5, Buffalo Acres, County of Weld, State of Colorado.
also known by street and number as: 5818 WCR 22, LONGMONT, CO,80504.
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions,
remainder and remainders, rents, issues and 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
the appurtenances, unto the grantee(s), their heirs and assigns forever. The
grantor(s), for themselves, their heirs and personal representatives or
successors, do covenant and agree that they shall WARRANT AND FOREVER DEFEND
the abov fined premises in the quiet and peaceable possession of the
grante a), the'rheirs and assigns, against all and every person or persons
clai ng the wh le or any part thereof, by, through or under the grantor(s) .
IN WITNESS/ CREOF, the grantor(s) have executed this deed on the date set
f rth above. ,
. SNOLJAN
iLiZtANIAKZ, % - -
WILLIAM B. 'GAMIN
STATE OF COLORADO) y b
.;FS ai:S••••.O
•°b
COUNTY OF BOULDER) •.,n
The foregoing instrument was acknowledged, subscribed andiswoin to.',-before-me
this 29th day of September, 2003 by DAVID J. SMOLJAN, DALE TANANA'AND WILLIAM
B. KAMIN.
My Commission Expires: 30 Witnes my and and official seal.
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