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HomeMy WebLinkAbout20070613.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST FRED JACKSON, DBA SPRINGER HAULING, 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, Fred Jackson, dba Springer Hauling, VI #0600204, 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 13th day of March, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Fred Jackson, dba Springer Hauling, 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 May 13, 2007, to allow adequate time for the property owner to restore the camper trailer 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 #0600204 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Fred Jackson, dba Springer Hauling, 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 May 13, 2007, to allow adequate time for the property owner to restore the camper trailer to bring the subject property into compliance. 2007-0613 PL0824 Olt '. Pt_, woe-- 03 - x ,07 VIOLATIONS - VI #0600204 - FRED JACKSON, DBA SPRINGER HAULING PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of March, A.D., 2007. BOARD OF COUNTY COMMISSIONERS W= b COUNTY, COLORADO ATTEST: L.411 r� : 111�f7 . c c " • jd E. Long, Chair Weld County Clerk to the Boa 1861 c -" a 1 ' y' `4_C SED BY: � `' /WS �. rfce, Rro-Tem Deputy Clerk to the Board ♦ __ 14 C __�.- - WI 'am F. Garcia APP AST (s' Robert D. Masd"en unty orney 0r..4412 I„„/Lir Douglas Ra emacher 3//9l°7 Date of signature: 2007-0613 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Fred Rex Jackson dba: Springer Hauling Case: VI-0600204 Address: 14281 CR 2, Brighton, CO 80601 Legal: Lot 6 of Bil-Lar Acres, Weld County, Colorado Location: North of and adjacent to CR 2 and East of and adjacent to CR 29 North: Agricultural South: Adams County East: Agricultural and Brighton city limits West: Agricultural and Estate Zoning and Brighton city limits Parcel Number: 1471-33-3-02-006 Acreage: 2.4 +1-Acres Certified mail date: October 13, 2006 Received: October 23, 2006 January 15, 2007 January 26, 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.D, 23-3-30.1, 23-3-30.M, 23-3-40 and 23-3-40.R of the Weld County Code. REMEDY To bring the property into compliance the following shall occur: D. Current license plates shall be affixed to the vehicles situated on the property or they shall be removed. ► A Home Occupation shall be completed and submitted for the advertisement of Springer Hauling from the address. D. The trailer will no longer be able to be utilized for the purpose of operating Springer Hauling. It will continue to be utilized to bring in hay or other feed. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. CASE HISTORY May 14, 2006 Initial complaint received. May 15, 2006 Initial inspection completed. May 22, 2006 Property re-inspected. 2007-0613 Mr.Jackson Page 2,VI-0600204 May 24, 2006 Five day compliance encouragement letter issued. June 8, 2006 Violation letter issued. June 20, 2006 Mr. Jackson and a friend came to the office to discuss the violation. July 21, 2006 Violation Notification re-issued. 60 day extension granted. October 3, 2006 Property inspected. Property remains in violation. October 13, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. October 30, 2006 I met Mr. Jackson on-site to discuss compliance options. November 13, 2006 Mr. Jackson gave me the ZPCV and COC application during an on-site inspection. November 14, 2006 The Board of County Commissioners referred this violation back to our department for processing. January 15, 2007 Voneen Macklin presented ZPCV-0010 to the Board of County Commissioners. The Board denied ZPCV-0010. January 15, 2007 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. February 12, 2007 ZPCV-0010 was re-heard by the Board of County Commissioners and the previous resolution was upheld. ZPCV-0010 was denied. DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 IDWebsite: C WWW.CO.WELD.CO.US E-mail Address: bsalzman(a�co.weld.co.us Q PHONE: (970) 353-6100, 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 15, 2007 MR. FRED REX JACKSON DBA: SPRINGER HAULING 14281 CR 2 BRIGHTON, CO 80601 Subject: VI-0600204, Lot 6 of Bil-Lar Acres, Weld County, Colorado Dear Mr. Jackson: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on March 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 ill, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30.D "Home Occupations." 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." Section 23-3-40 "Uses by special review." Section 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 subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." Jackson Page 2,VI.0600204 To bring the property into compliance: P. During a hearing before the Board of County Commissioners on January 15, 2007, the Board denied the request for ZPCV-0010. Therefore, the Commercial Vehicle shall not return to the property. ► It was brought to my attention that the Home Occupation application was sent back to you back in November 2006, due to a lack of information. During the hearing this morning, it was brought to my attention that you no longer live at this address. In order for you to re-apply for the Home Occupation you would need to reside at the same address. The Home Occupation would only allow you to maintain an office (inside the residence) and continue to advertise using the home address. No commercial traffic would be allowed to visit the site. ► The miscellaneous debris situated primarily around the RV was again brought to my attention. All automobile parts, wood, iron/metal, tires and miscellaneous debris shall be removed or completely screened from all adjacent properties and public rights-of-ways. 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, U.S. Postal Service,,,, Bethany Salzman ) ru CERTIFIED MAIL.,,, RECEIPT Zoning Compliance Officer II N (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivery inf•rmaticn visit•ur we•site at www.us•s.c•mtt. pc: VI-0600204 C n r = a t r Department of Planning Services m a: h rqaLn Bruce Barker, County Attorney — Postage $ Certified Fee O Postmark Return Receipt Fee Here O (Endorsement Required) En (Endorsement Delivery Fee - ,-D (End r t Restricted Required) ,a '-I Total Postage&Fees $ Sent To En MR. FRED REX_.JAQZC$QN EN- Street,Apt.No.; orPOaoxNo. 14251 CR 2 r Cay,State,Z/Pa4 BRIGHTON CO SENDER: COMPLETE THIS SECTION C•M•LETE THIS SECT/•N •N DELIVERY • Complete items 1,2,and 3.Also complete A ature item 4 if Restricted Delivery is desired. X _ L,f'7 O Agent • Print your name and address on the reverse - � �— 'D Addressee so that we can return the card to you. B. Received by(Prin Name) C. Date,,66f Delivery • Attach this card to the back of the mailpiece, ` /, y or on the front if space permits. f D. Is delivery address different from Rem 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: O No MR. FRED REX JACKSON DBA: SPRINGERHAULING 14281 CR 2 Vie`,: BRIGHTON, CO' $Qp etim t1 Pial inflg DORCC `I ELEY O'FEI 3. Service Type XXItXCertlfied Mail O Express Mal JAN 2 6 20 7 ❑ Registered O Return Receipt for Merchandise 0 Insured Mail O C.O.D. 1"r- B® S striated Delivery?(Extra Fee) O Yes nest...,�.. 2. Article Number (Transfer from service label) 7005 116 0 0001 4538 0762 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 is-acWity4 Weld County Referral "l ige November 17, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Fred Jackson Case Number ZPCV-0010 Please Reply By December 8, 2006 Planner Voneen Macklin • Project Zoning Permit for a Commercial Vehicle Legal Lot 6 Bil-Lar Acres, Weld County, Colorado. Location South of CR 2 and west of CR 19 Parcel Number 1471 33 302006M Wmmm mM n^n® v The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: \ XGL . akitytwit Signature {� Date ' 1 _ ‘t7-O(40 Agency 7 r('iSCi C.tnNpivY 4 ❖Weld County Planning Dept. •}918 10'"Street, Greeley,CO. 80631 ••(970)353-6100 ext.3540 +(970)304-6498 fax MEMORANDUM WUDc. COLORADO To: Voneen Macklin, Planning Technician November 1 7, 2006 From: Bethany Salzman, Zoning Compliance Officer II 9'> Subject: ZPCV-0010 Referral Upon review of my case files and computer, an active Zoning Violation (VI-0600204)was noted. This violation was initiated due to the presence of a Commercial Business (Springer Hauling) without the necessary Zoning permits. Mr. Jackson indicated that he maintains 1 (one) Commercial Vehicle at his residence. Furthermore, he indicated that they have a small home office & advertise using the home address (as a result, they have also applied for a Home Occupation). This case has not yet been presented to the Board of County Commissioners through the Violation Hearing process. Please add the following statement as a "Condition of Approval": At any given time, no more than 1 (one) Commercial Vehicle is allowed on the property. These applications if approved, will correct the violation. If for any reason, this application is denied, the Violation Case will proceed accordingly. SERVICE,TEAMWORK,INTEGRITY,QUALITY 4 eery ZONING PERMIT COMMERCIAL VEHICLE (ZPCV) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1, 4 :1 1 - - - a D- 0 0 o (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co weld.co.us). Legal Description , Section , Township_North, Range West Lot � , Block of bk- Lac kc re3 (Subdivision or unincorporated town) Acres a.k4 A-1- FEE OWNER(S) OF THE PROPERTY: Name: -Cf pc► "Re.(' 1 a)C1 n Work Phone# _t�- 7- ,,?(Home Phone #,..--1."(Z E37 3, 5il Address: l 7e: City/State/Zip Code: /t`, 67407,1_, Cc.' o6'3 `� V APPLICANT (IF DIFFERENT FROM OWNER): Name: Work Phone# Home Phone # Email Address: City/State/Zip Code: I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included show he tory has to legal authority to sign for the corporation. IC-g. ii•-•g._ /Li- /c1,24456 Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -5- ereS ZONING PERMIT COMMERCIAL VEHICLE (ZPCV) QUESTIONNAIRE BASIC DESCRIPTION OF USES: 1) Who will utilize the commercial vehicle? / e ' i � `/ / 2) Physical description of commercial vehicle: 7 ! C 3) Will any other commercial vehicles be situated on this property? If so, explain: ff� 4) Will there be any associated commercial storage? If so, explain: �C 5) Where will general maintenance be performed on this vehicle? � / �rS ( LC. 6) Is there any business conducted on the property associated with this commercial vehicle? If so, explain: /G 7) How will you dispose of any associated waste (i.e. used oil, antifreeze, tires, etc): 8) How do you propose to mitigate any nuisance conditions, such as noise, odor.and�visu �--al impar at may be associated with y.o5commercial vehicle): CI,•/47, , j/>c>y l✓C� tr- -6- 02 copy h, f 4' cnt: 4Th / a I • } , Weld County Department of Planning Services Wilk. Inspection Report COLORADO 918 10th St i Greeley, CO 80631 Date of Inspection: J\C}" ) C.. p \Permit/Case No.: 4-1 '\CDQy a. 7b1-� Property Owner Name: V��-ai_<.�-�t 'Cr'C_jK 'Lc ,'t Address: I-\T ' ( i g Upon a al)(on-site)inspection of the property listed above,the following items were noted: 1 A aw \' 1. � � � ('R.Q �L� � �l-inci'l L0 LC) a Ccegmmettea \j Lr,_tt_ c. Li7CY ' f' J J \i ..k Vit ,AtAx C 1 u # '`Y K ' cr,S ti + t\'1Ulr0 t v') Inspection by: 1 i Contact Name? ,1'1 Contact Phone Number:970-353-6100,Ext. 3555 Copy of this inspection was: YkLeft on Site O Mailed on: Pictures taken during inspection: O Yes gNo li` ll *I.e.'s.. • DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE l918 10T" Street GREELEY, CO 80631 lie IWebsite: WWW.CO.WELD.CO.US WI Address: bsalzman(a�co.weld.co.us E-mail PHONE: (970) 353-6100, 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 October 13, 2006 MR. FRED REX JACKSON DBA: SPRINGER HAULING 14281 CR 2 BRIGHTON, CO 80601 Subject: VI-0600204, Lot 6 of Bil-Lar Acres, Weld County, Colorado Dear Mr. Jackson: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on November 14,2006,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 111, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-20.B "One (1) Single-Family Dwelling Unit and Auxiliary Quarters on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code." Section 23-3-30 "Accessory uses." Section 23-3-30.D "Home Occupations." 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." Section 23-3-40 "Uses by special review." Section 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 subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." Mr.Jackson Page 2,VI-0600204 To bring your property into compliance with the Weld County Code: ► As we previously discussed during an office visit on June 20, 2006, the Home Office shall be permitted through the"Certificate of Compliance"for a Home Occupation. An application for a Commercial Vehicle shall be completed and submitted to the Department of Planning Service. Please keep in mind that this is still just an •application and a guaranteed approval can not be given. If we receive 30%or more in opposition, there will be a public hearing and the Board of County Commissioners will determine if your application will be approved or denied. Both of the above mentioned applications shall be submitted within 60 days of this letter. ► The NONCOMMERCIAL JUNKYARD consisting of derelict trailers, boats and miscellaneous debris shall be removed, restored or completely screened from all adjacent properties and public rights-of-ways. As we discussed screening does not have to encompass your whole property. If you'd like you can screen a small portion, but I will need to know what your intention is regarding this aspect of the violation within the 60 days as well. ► During our meeting you indicated that no one occupies the Recreational Vehicle as a dwelling. You did indicate that you were trying to clean it out and that is why it is temporarily connected to all of the utilities. I have asked you to write me a brief letter verifying that no one will occupy the RV and it will be disconnected in a timely manner. However, during an inspection I conducted on October 3, 2006, I noted that the RV was still connected to utilities. 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, U.S. Postal Service', ra CERTIFIED MAIL,,, RECEIPT ��''�I,,,� I. (Domestic Mail Only;No Insurance Coverage Provided) C V`7LiA/1 n l.t ,� 'f r elivery mf nnatinwsn urwe•siteat www.us•sc rn.. Bethany Salzma m • �} Zoning Compliance Officer II `- Postage $ pc:VI-0600204 o Certified Fee Department of Planning Services o Postmark • Bruce Barker, County Attorney (Endoseem nRequired) - Here . Restricted Delivery Fee -0 (Endorsement Required) a R Total Postage&Fees up O Sent To N MR. FRED JACKSON DBA;--_SklINGEE. .HAALING { Street,Apt.No.: .or Po Sox No. 14281 CR 2 ir City.State.ZIP+ BRIGHTON CO 80601 -Ps Fort,,3800,June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete Igna 2 item 4 if Restricted Delivery is desired. � IJ Agent • Print your name and address on the reverse --B-Addressee so that we can return the card to you. ' Rec by(Printed Na ),,./ C. Dat ofrlivery • Attach this card to the back of the mailpiece, ,}'�� //F or on the front if space permits. (Jl ,���y fl D �J D. Is'3�elivery address different from Item 1? Ye 1. Article Addressed to: If YES,enter delivery address below: 0 No MR. FRED REX JACKSON DBA: SP SPRNGER HAULING14281 Mx BRIGHTON, �B � _����lar�ning Departm5f1 GREELEY OFFICE 3. Service Type XXt Certified Mail ❑ Express Mail DC? �1 C, 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail ❑C.O.D. 2. P EN e a. 4. Restricted Delivery?(Extra Fee) 0 Yes ( C 0®1.6`6, �. PS I 102595-02-01-1540 O fii1X(f; Weld County Department of Planning Services Inspection Report COLORADO 91810 St Greeley, CO 80631 Date of Inspection: \D Permit/Case No.: ()LD ZtN Property Owner Name: 2iLJDC I Th Address: it—I C \ ( Z Upon a(visual)(e..rwla) inspection of the property listed above,the following items were noted: \J € U t^Q N.LI t(1L Inspection by: i J Contact Name: ` ). '( Va-1 I �J Contact Phone Number:970-353-6100,Ext.3555 Copy of this inspection was: Pictures taken during inspection: ❑Yes XNo p DEPARTMENT OF PLANNING SERVICES .;;L:, Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 1 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzmanco.weld.co.us PHONE: (970) 353-610O, Ext. 3555 • FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (72O) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE July 21, 2006 MR. FRED REX JACKSON DBA: SPRINGER HAULING 14281 CR 2 BRIGHTON, CO 80601 Subject: VI-0600204, Lot 6 of Bil-Lar Acres, Weld County, Colorado Dear Mr. Jackson: 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 III, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-20.8 "One (1) Single-Family Dwelling Unit and Auxiliary Quarters on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code." Section 23-3-30 "Accessory uses." Section 23-3-30.D "Home Occupations." 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." Section 23-3-40 "Uses by special review." Section 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 subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." Mr.Jackson Page 2,VI.0600204 To bring your property into compliance with the Weld County Code: ► As we discussed during your visit to our office on June 20,2006,the Home Office shall be permitted through the "Certificate of Compliance" for a Home Occupation. An application for a Commercial Vehicle shall be completed and submitted to the Department of Planning Service. Please keep in mind that this is still just an application and a guaranteed approval can not be given. If we receive 30%or more in opposition, there will be a public hearing and the Board of County Commissioners will determine if your application will be approved or denied. Both of the above mentioned applications shall be submitted within 60 days of this letter. ► The NONCOMMERCIAL JUNKYARD consisting of derelict trailers, boats and miscellaneous debris shall be removed, restored or completely screened from all adjacent properties and public rights-of-ways. As we discussed screening does not have to encompass your whole property. If you'd like you can screen a small portion, but I will need to know what your intention is regarding this aspect of the violation within the 60 days as well. ► During our meeting you indicated that no one occupies the Recreational Vehicle as a dwelling. You did indicate that you were trying to clean it out and that is why it is temporarily connected to all of the utilities. I have asked you to write me a brief letter verifying that no one will occupy the RV and it will be disconnected in a timely manner. 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 60 (sixty) days from July 21, 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,fjkhat4Lik)aitneCt\ Bethany Salzman Zoning Compliance Officer II pc: VI-0600204 Department of Planning Services Bruce Barker, County Attorney Kie: DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street I GREELEY, CO 80631 IWebsite: WWW.CO.WELD.CO.US WI I D (T E-mail Address: bsalzmanco.weld.co.us PHONE: (970) 353-610O, Ext. 3555 FAX: (97O) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-421O, Ext. 8730 FAX: (72O) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE June 8, 2006 MR. FRED REX JACKSON DBA: SPRINGER HAULING 14281 CR 2 BRIGHTON, CO 80601 Subject: VI-0600204, Lot 6 of Bil-Lar Acres, Weld County, Colorado Dear Mr. Jackson: 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 23-3-20.B "One (1) Single-Family Dwelling Unit and Auxiliary Quarters on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code." Section 23-3-30 "Accessory uses." Section 23-3-30.D "Home Occupations." 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 maybe permitted through Section 23-4-950 of this Code." Section 23-3-40 "Uses by special review." Section 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 subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." Mr.Jackson Page 2,VI-0600204 To bring your property into compliance with the Weld County Code: ► The operation of "Springer Hauling" from this location without the required Weld County Zoning Permits. Since your property is located within an approved subdivision (Bel-Lar), to see if you are even eligible to apply for a permit to keep your business situated on this property, 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. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. ► The NONCOMMERCIAL JUNKYARD consisting of derelict trailers, boats and miscellaneous debris shall be removed, restored or completely screened from all adjacent properties and public rights-of-ways. ► The utilization of a Recreational Vehicle-Camper/Trailer as a dwelling unit. The Weld County Code does not make allowances for this type of activity; therefore, it shall be disconnected from all utilities and shall not be utilized for any occupancy while situated on this property. As well, it shall maintain current license plates at all times. 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 June 8, 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, cbakflegatkartBethany S Zoning Compliance Officer II pc: VI-0600204 Department of Planning Services Bruce Barker, County Attorney - a DEPARTMENT OF PLANNING SERVICES.44, Compliance Division NORTH OFFICE lie 918 10TH Street WI GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman(Thco.weid.co.us PHONE: (970) 353-6100, Ext. 3555 COLORADO FAX: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 L0NGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 • May 24, 2006 MR. FRED REX JACKSON DBA: SPRINGER HAULING 14281 CR 2 BRIGHTON, CO 80601 Subject: VI-0600204, Lot 6 of Bil-Lar Acres, Weld County, Colorado Dear Mr. Jackson: 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: ► The operation of"Springer Hauling"from this location without the required Weld County Zoning Permits. Since your property is located within an approved subdivision(Bel-Lar),to see if you are even eligible to apply for a permit to keep your business situated on this property, 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. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. ► The presence of a NONCOMMERCIAL JUNKYARD consisting of derelict trailers, boats and miscellaneous debris (see definitions listed below). ► The utilization of a Recreational Vehicle-Camper/Trailer as a dwelling unit. The Weld County Code does not make allowances for this type of activity;therefore, it shall be disconnected from all utilities and shall not be utilized for any occupancy while situated on this property. As well, it shall maintain current license plates at all times. 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. SERVICE,TEAMWORK,INTEGRITY,QUALITY Mr.Jackson Page 2,VI.0600204 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. 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, • • ���C�'{\ 'yam' Bethany Salzma Zoning Compliance Officer II pc: VI-0600204 Department of Planning Services SERVICE.TEAMWORK,INTEGRITY.QUALITY O Weld County Department of Planning Services WIiD�. Inspection Report COLORADO 918 10`" St Greeley, CO 80631 Date of Inspection: ^J{ gg't-t.O Permit/Case No.: ��'O,CallC , Property Owner NName: 71401. 1— Address: , ILV"aV k CtZ Upon a(visual)(Cia)inspection of the property listed above, the following items II' were noted: \ CtUf OCMlrt \LL kol.�kf Anny Inspection by: \ 'J - Contact Name: P-Cir Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspection was: tr�� , Pictures taken during inspection: O Yes i741 No O O 1$1'11:4 Weld County Department of Planning Services Inspection Report COLORADO 918 10"'St Greeley, CO 80631 Date of Inspection: 1Y Permit/Case No.: L,'CA,GCIT%Z( -1 Property Owner Name: Jc!t : � fAr{'d, y.. Address: VAz_PA ( (L Z Upon a(visual)(a inspection of the property listed above,the following items were noted: v e ti :(r k r Inspection by: C.) Contact Name: .tr_s Y1 Contact Phone Number: 970-353-6100,Ext.3555 Copy of this inspection was: • Pictures taken during inspection: 4rYes( Ilio Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R6306386 Parcel#: 147133302006 .[lYnA ctc.N i63CyUi' ,aat,Wtl,UnCiWSWW1Ye :d'. :neAkPaeni,iraiifk P,1“0,eN:liYYe gt.aallthfOn,n19«Ndtit:auOYPhFSFRYtiNLbW�dta'RAUAR!'C#'FUFd'aA"'tlipPt'»#HS.UF dK+:Yv4c`i= Tax Area: 2524 Bordering County: Acres: 2.4 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 01 - 66 33 3 BIL LAR ACRES 6 .k;.d ...,,._an.,...k, ,.. . O Name&Address: Property Address: 2 CR JACKSON FRED REX Street: 14281 2 CR 14281 WCR 2 City: WELD BRIGHTON, CO 80601 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 8/17/2001 $0 QCN 2877887 Legal Description BIL6-D PT L6 BIL-LAR ACRES BEG NE COR L7 N0D19'E 274.67' W387.06' M/L S1DO7'E 281.34' M/L N89D E 380'TO BEG EXC UPRR RES SITUS: 14281 2 CR WELD 00000 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Measure Units Actual Value Value Residential 1112 Acres 2.4 Land Subtotal: 2.4 $40,320 $3,210 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $197,339 $15,710 Total Property Value $237,659 $18,920 Building Details Account#: R6306386 Parcel#: 147133302006 Owners Name&Address: Property Address: JACKSON FRED REX Street: 14281 2 CR 14281 WCR 2 City: WELD BRIGHTON, CO 80601 Building# Property.Type 1 Residential Individual Built As Detail Built As: 2 Story Year Built: 1981 Exterior: Frame Hardboard HVAC: Hot Water Baseboard hap://maps.memck.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14713... 05/15/2006 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1676 # of Baths: 3 Roof Type: # of Bdrms: Roof Cover: Composition Shingle # of Stories: 2 Rooms: Units: o Garage: Attached SQ Ft: 484 Detached SQ Ft: Basement: Total SQ Ft: 816 Finished SQ Ft: • http://maps.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14713... 05/15/2006 34Y t.N.by f I ,. br''-rtit lyi 93 t' "L � �` �' P Lai.n talk 'Li a I c� !� . `11g 00;.x' a(� 'r. 1 I t' art %= ' t#' td ! f a. d Y:lill �P iKd � i {" I - a waq"1 #, ,�, 'ma's>,}r�4ry t uI l t -C # t'i' X iyyyy -H'. i t� i", t I { iil .air 7 N — �^ ..- w a • ILTI a3 _. ti 8�N,- o � C (� Isl Z'0 W } O or_cc PE c N�a ' OM, I�I� t +�W ,! } l v 7i E ._.._ .� ?m it t- ill it I N X dwww ; cl m Qp��g5 N N Le roZZ • 4 1 • �y5 t "V S F. 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'T .J,,,•,.:,,,,::::.,":.....:,„.".i.; . ..: tf ez rsDEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10`" Street, Greeley, CO 80631 0 \ Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO % � , �,c A.)� ZONING and/o G CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT ❑ Staff/Name: VE Citizen 0 Other: ❑ HEALTH DEPARTMENT Citizen's Name(If(mown)_ ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If(mown): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: -1 fv A n Pending Case#(i.e. USR,RE, SE,eectt....): Legal Description: LC* t p; —LAr Bair Parcel 4: \LV R -Clip Violation Address: 1y /�aR , t . .a ,,1 n ,, Property Owners Name: Ythi't'l d PNex, Sr) Property Owners Address: -1k:ter i Lr-) ! pelt Tenant's Name: 0 Phone: Tenant's Address: �t,� NATURE OF COMPLAINT: �` r EV, U\n t r' &% . i VAN°Qi L_Y-JUt cr-`sc On-t- ant ( re pa'cr cirtv • Additional Notes: ` a,'� as-n pgi a.ya� Bethany Salzman From: webmaster@co.weld.co.us Sent: Sunday, May 14, 2006 11:24 PM To: Bethany Salzman Cc: Ripley Casdorph Subject: Online Code Complaint Online Complaint submitted May 14, 2006 Name of Comp Address of Con Email Address: Complainant Pt Address of Alleged Violation: 14195 County Rd 2 Nature of the Alleged Violation: I'm not sure but it looks like he run some kind of hot rod shop. Hot rods in front of garage and quite a few junk cars behind his house. How are Your/Your Property Impacted by this Alleged Violation?View and not a business area. Possible health issue. Where is Your Property in Relation to the Alleged Violation Have You Discussed Your Concerns With the Property Occupant? no If Not, Please Explain Why? Do not know him well enough. never met Are You in a Subdivision Which has Covenants that Prohibit the Activity? Unsure Have You Contacted the Homeowners Association? No May we contact you? Yes Bethany Salzman From: webmaster@co.weld.co.us Sent: Sunday, May 14, 2006 11:14 PM To: Bethany Salzman Cc: Ripley Casdorph Subject: Online Code Complaint Online Complaint submitted May 14, 2006 Name of Compl Address of Con- Email Address: Complainant Ph_.._. ___ Address of Alleged Violation: 14281 County Rd 2 Nature of the Alleged Violation: Rex Jackson runs a hauling business. The trouble he keeps most of the junk he hauls. At the present time he has allowed someone to move his 5th wheel camper, 20 ft boat,another trailer with smaller boats, pu truck, tracker,pu truck camper,and motor cycle,and live there. The 5th wheel is skirted and hooked up to propane tank. He has been there for oner 6 mounths. I believe it should be only family living on property and NO businesses. Am I correct? How are Your/Your Property Impacted by this Alleged Violation?View. trash. and traffic from hired help coming and going. Where is Your Property in Relation to the Alleged Violation y Have You Discussed Your Concerns With the Property Occupant? No I have not. If Not, Please Explain Why? He screams at his hired help and I do not need that kind of confrontation. Are You in a Subdivision Which has Covenants that Prohibit the Activity? Unsure Have You Contacted the Homeowners Association? No May we contact you? Yes I11111111111111111111111 nil 111111111111111111111111111 7fa 87 2877787 08127/2001 10:16A JA Suld Teukamoto 1 of 2 R 10.00 D 0.00 Weld County CO • QUIT CLAIM DEED THIS DEED, Made this 17th day of August, 2001 between Fred Rex Jackson and Kim M. Jackson of the County of Weld and State of Colorado, grantor,and Fred Rex Jackson whose legal address is 14281 Weld County Rd #2, Brighton, CO 80601 of the County of Weld and State of Colorado, grantees: WITNESSETH, That the grantor(s) for and in consideration of the sum of TEN AND 00/100, ($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the grantees , their heirs, successors and assigns forever, not in tenancy in common, but in joint tenancy, all right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the Brighton County of Weld and State of Colorado, described as follows: Ail also known by street and number as 14281 Weld County Road 2, Brighton, Colorado 80603 TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantees, their heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor executed this deed on the date set forth above. Fred Rex Jackson Cq Kim M. Jackson 1J STATE OF COLORADO, } ss. The foregoing instrument was acknowledged before Brighton County of Weld l me this 17th day of August, 2001, by Fred Rex Jackson and Kim M. Jackson Witness my hand and official seal. My commietipngexpires STACIA A.TUTTY • NOTARY f LORA f �76i (2� / STATE OF COLORADO G�// My Cnmmesinn Expres l l/30/2001 NOTARY PUBLIC _ n n Yie 2851 S. Parker Road, Suite 660 No.962. Rev. 5-84 -.34/. /�1 3 Y 5 Aurora, COLORADO 80014 TRANSNATION TITLE INSURANCECOmPANv Commitment NcIc , 805423 d11) awommemNip - LEGAL DESCRIPTION 1 A part of Plot 6, BIL-LAR Acres, a Subdivision of the County of Weld, State of Colorado, described as follows: Beginning at the Northeast corner of Plot 7, in said Bil-Lar Acres; Thence North 0 degrees 19 minutes 40 seconds East along the East line of said Plot 6, Bil-Lar Acres, a distance of 274. 67 feet; Thence West, a distance of 387 .06 feet, more or less, to the Northeast corner of parcel of land conveyed to Harold C. Birrenhach and Jeannine E. Birrenbach by Warranty Deed recorded under Reception No. 1488950, in Book 567, Weld County Records; Thence South 1 degree 07 minutes 50 seconds East along the East line bf said last described parcel land, a distance of 281.34 feet, more or lees, to the Northwest corner of Plot 7, B11.-Lar Acres; Thence North 89_degreer East along the North line of said Plot 7 , a distance of 3$0 feet td the Point of Beginning, TOGETHER WITH easement for ingress and egress along the West 30 feet of Plot 5, Bil-Lar Acres, a Subdivision of the County of Weld, State of Colorado. AIM 11111111111111111 MAUI 11111IIIIIIIIIII! IIII 2877787 08/27/2001 10:16A JA Suki Teukamoto 2 of 2 R 10.00 D 0.00 Weld County CD r � • • • I I - I EN I iii II I I..■.WEA ■ MI. ...al 1 'Ali I I__ iit.�i�i2 '`fl% fl N ■ r Brighton ,p■a � , Jackson : ;. ct'rnI III Ilit.14 Eimill 04 a ���I1ll r!tEIii CR 2 t .441. . r 0. . g if .7-0 c - - /a .,' I 7 - IP � 0 ' - ^ • k ;. .- '•,. SP IP . ,. , trt „ . .. 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