Loading...
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 o pc: ZCV07-01037 o❑ '°,t f � t K. ry Department of Planning Services I I i 1 r9 s 11 Bruce Barker, County Attorney c U M1 U.S. Postal Service, I o '` N CERTIFIED MAILTM RECEIPT A in (Domestic Mail Only;No Insurance Coverage Provided) $ 11 A 2 i E a For delivery information visit our website at www.usps.com;� 8 1 1, O ill N OFFICIAL Mato- a -a iPrtiostage $ a d X ad 03 d 0 O o O Cettllled tree m D ,c r G Q ra $ O (Ei dorsemeReturn ntaRequireed) n G7 i .-. S \ li O Restricted Delivery,Fee m t"� ti m - • 1 _a co (Endorsement Required) . J —f P E � \_- W R Tate)Postage 8 Fees $ O r v $ b t r /y, O 0 *. ,A /�r� A — • PDeaen I �S�O Mt J � 52150 E State,ztPM Lo r 1AA O4 • eltrp' fghi 6l - h i S Agit i I PS Form 3000..k ne 2002 See Revers_ I trucllons -1 §1 C tCC Q co �`. O N 6 tftr L r FF bra m o v a gab N 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. -•\ N� UBLIC . Ilic arra • 1: • tVIlpgVS", : 0 *•"* • a _. • • .u._apia me . ,• c. . : . alb 410" II •• • 1 e is Ivo: • r 4.114 4 ii. ei• • a • • espe • ... 0 . .,• . . • 6 • II ^ i , •• • it ,... t4itilt . . • . . fir. .. ipitt • • S1 . . 4" .„ - • atter kasi, • Illi 141. is a • ' 41" lir: 9 °tit.. 0 % a% ‘••••-•11 1. ar 110„ k ... . lik ? ' 111411 • Ill l'itillik te. r • II* I • It -. ere. Ill 1 1 . 0 %kill siti1/4 • r , ,... , i • I i • e�•j • . iiibabrAA �r eta r ( r t �`f • i Or#ID II .. • •, jp L ,li f ea a es • ' 1 , , _.! f. - • • • It "1 . `", �' II/ , • a . • . II ji,1•_ •ri �� :41 fie'1: 1 I 1 i ; • a hillik I/ . , � a • 1 .....1 t1.4: 1 .7 .1 ivi• • e"/I,r till‘ I i I.. VP . ll 1 Ill to re 1 1 r• .4 •• • AD it+�• ♦ !I • .� , II...• r * •, iNif't • . • tto [ • .• 41 V .Lar'• ill 1 it I 1 i• . ' 1� tL: ; : • • •0 is , �" 4 �• I r i V• .( ., ,�• • • ♦ �- !� •4 . a .. . • . ri. • . • • . .1 . .... ... .... . .. a , , ..s. . .. . , . . . ,. , • • s .,, • ... . X • il ' , # • . .., . __. le ' 1/4' le ‘i . , •V. • • IR • • • t • 1114 # il ' . % i Vic • it• , •► ii- 6 •• • _ - • l''.41. • / '4: e. _ 41:44 . l: 1-. • • I : • a 144)11. 4 .1 4 to i . 4 41 . 1 • • ♦ :tali': V Y vimosH , . . . ill ..1. li. • •-• i• , • • • a e .... 1 tar . ' . ' ...a ,. . .4%,... -....2, - - r•••................_ �► --.••�,.•...._ - .-..•••••-.. - .. _a.►. swear •- --4. - .. .- _ �.. - �. a --• w _r e- "lb ! •' _ far t - •_r _ - • _ „ - r _ - _ r ..a.. w .. - . . _ _ _ _ • - _ ♦ . _ _ -- .. •, - - • • 41 • • 09 / 10 / 2007 . . ,. .. . , _ 1 c 4 r i • - - - ♦ .- N ( ` - • • ., T ea. • t �• 1- �' 1 • > at tar $11'IOtiQ11 WS ItiWt � I Z 07R021O17S POPEFirst' IlliEjiPi :111111�.! Hello