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Home My WebLink About20073459.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0701165 AGAINST BERNARDO GUERRERO 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, Bernardo Guerrero,ZCV#0701165,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 November, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation,and WHEREAS, Bernardo Guerrero, property owner, was present at said hearing, and WHEREAS,the Board of County Commissioners deems it advisable to dismiss said matter due to the property being in compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0701165 be, and hereby is, dismissed due to the property owner bringing said property into compliance. 2007-3459 �� , UlOL PL0824 /VP VIOLATIONS - ZCV#0701165 - BERNARDO GUERRERO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of November, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ATTEST: it se:—"" (P o& r ?avid E. Long, Chair Weld County Clerk to the ' ye Pi EXCUSED q"/� )p" '� William H..Jerker-Pro-Tern BY.(41 Cle r�Co the Board ( �1 William F. Garcia APPROVED AS TO FORM: EXCUSED Robert D. Masden a 9620.1 Aj-Count Attorne4 U Douglas ademacher Date of signature: I ICI iol 2007-3459 PL0824 Violation Summary Report BASIC INFORMATION GUERRERO BERNARDO 9729 CR 24 FORT LUPTON, CO 80621 Tenant: Compliance Officer: Bethany Salzman Violation Number: ZCV07-01165 Situs Address: 9729 CR 24 Legal: PT S2SE4 3-2-67 BEG SE COR OF W2SE4 W145.2' NOD01'E 300' E181.51' S17D52'E 50.95' S05D50'E 55.80' S03D02'W 43.47' S06D10'W 153.18' W38.95' TO POB EXC UPRR RES (.13R) SITUS: 9729 24 CR WELD 80621 Location: Parcel Number: 131103000077-R8078000 Acreage: 1.34 Certified Mail Date: 10/24/2007 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. 23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of 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 propert 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. 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. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A(Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi-trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. REMEDY Either a Use by Special Review application shall be completed and submitted to the Department of Planning Services or at ANY GIVEN TIME, no more than 1 (one) Commercial Vehicles shall be situated on the above mentioned property. We are still getting complaints that you frequently maintain more than 1 (one) Commercial Vehicle on the property (even if temporary). Therefore the above mentioned hearing has been scheduled. RECOMMENDATION 2007-3459 Violation Summary Report LETTER HISTORY 10/15/2007 Complaint Validated 10/15/2007 LTTR: 5 Day Letter 10/24/2007 LTTR: Hearing Notification OTHER CASE HISTORY 10/19/2007 Phone Call Bernardo Guerrero (303-718-0376) called. He said he does have 2 commercial vehicles, but only 1 stays on the property all the time. He said he only brings the 2nd one onto the property when it needs work. I advised him that he can only have 1 commercial vehicle on the property at ANY given time. He asked if he removed the one while he repaired the other one if that would be okay. I said yes. He is allowed 1 (ONE) Commercial Vehicle on the property at ANY given time. He said he has already removed the 2nd one. I advised him that I was going to keep this violation at least for another month or so, since I had to re-open this case so soon after closing his last one. He said he understood. 11/06/2007 Certified Mail Receipt Certified Mail Receipt Received. DE- - RTMENT OF PLANNING SERVICES Compliance Division igi-->\\C} NORTH OFFICE 918 10th Street r Greeley, CO 80631 Email Address: bsalzman@co.weld.co.us iiii g Phone Number: 720-652-4210 x 8739 Fax Number: 720-652-4211 � i ■ SOUTHWEST OFFICE 4209 CR 24.5 COLORADO Longmont, CO 80504 COLORADO Phone: (720) 652-4210, Ext 8730 October 24, 2007 GUERRERO BERNARDO 9729 CR 24 FORT LUPTON, CO 80621 Violation Number: ZCV07-01165 Legal Description: PT S2SE4 3-2-67 BEG SE COR OF W2SE4 W145.2' NOD01'E 300' E181.51' S17D52'E 50.95' S05D50'E 55.80' S03D02'W 43.47' S06D10'W 153.18' W38.95' TO POB EXC UPRR RES (.13R) SITUS: 9729 24 CR WELD 80621 Dear GUERRERO BERNARDO: 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. 23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of 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. 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. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A(Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi-trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to DF ' RTMENT OF PLANNING SERVICES Kit tia--;\:"\\\ Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 Email Address: bsalzman@co.weld.co.us WILD Phone Number: 720-652-4210 x 8739 Fax Number: 720-652-4211 SOUTHWEST OFFICE 4209 CR 24.5 COLORRrA CO OD0 Longmont, CO 80504 ADO rty Phone: (720) 652-4210, Ext 8730 the condition of a DERELICT VEHICLE. To bring your property into compliance with the Weld County Code: Either a Use by Special Review application shall be completed and submitted to the Department of Planning Services or at ANY GIVEN TIME, no more than 1 (one) Commercial Vehicles shall be situated on the above mentioned property. We are still getting complaints that you frequently maintain more than 1 (one) Commercial Vehicle on the property (even if temporary). Therefore the above mentioned hearing has beei scheduled. This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 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. S. cerely, U•S. Post SeMAIL1 � CERTIFIED MAIL., RECEIPT ti (Domestic Mail Only;No Insurance Coverage Provided) nJ F r•elivery int rmat, n visit ur website at www.us•s.c mu Bethany Salzm u Zoning Compliance Officer II T OFFICIAL, USE E pc: ZCV07-01165 r ED Postage $ Department of Planning Services ru Certified Fee Bruce Barker, County Attorney C Postmark o (EndorsementReturn tFee - Here RturRequired) R O str Reisment Required) -A (Endo rs ement yee O rR Total Postage&Fees rtl Sent T 0 rob(r rdn_..CILALI L) O- Street,Apt No.; M --taA or PO Box No. o City,State,ZIP+4 a p� toil 1 V/ % 'T.. i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete A.3f9natu Item 4 if Restricted Delivery is desired. j —' / 2'D Agent ■ Print your name and address on the revers gorner Q' �,C/,' ressee so that we can return the card to you. aAceived by(Pr' N C. Date of Delivery • Attach this nt to the back it the mailpiece, a�O`l/f0 ,,/ 7 or on the front if space permits. l//7Q/ 0 11 J/(J 1. Article Addressed to: D. Is delivery address d from item 11. Yes If YES,enter delivery address below: 0 No rb en ^ del COULT rero ;4- vU4) t5 'I w 3. Service lype SCUZA X Certified Mall ❑Express Mall ❑Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. \\—ts'in 4. Restricted Delivery?(Extra Fee) O Yes 2. (Transfer Numbrime r se 7003 1010 0002 8989 2266 (Transfer from label) PS Form 3811,February 2004 Domestic Return Receipt 10259502-M-1540 Jon Langstaff&Theresa Sikora 9701 WCR 24 Fort Lupton,CO 80621 23 October 2007 Bethany Salzman Zoning Compliance Officer II 4209 CR 24.5 Longmont, CO 80504 Subj: OFFICIAL COMPLAINT REGARDING PROPERTY AT 9729 WCR 24 AND MR. BERNARDO GUERRERO Dear Bethany, This morning, 23 October, we called to let you know that once again Mr. Guerrero had two commercial vehicles on his property. It was evident he was attempting to conceal the 2nd vehicle by parking both vehicles side by side on the east side of his machine shed and out of observable view. Additionally, a third commercial vehicle had arrived this morning with the name `Sanchez' on the door. Shortly after the third truck arrived, the initial two commercial vehicles departed. Maintenance was performed on the third vehicle for the entire hour it was there. Combined with the maintenance/operation of the two vehicles previously discussed, a full two hours of significant and offensive commercial vehicle noise pollution and diesel stench drifted to our property, no more than 30 yards away. A complaint regarding the subject property was originally filed by us on June 23rd, 2007. On July 23rd you indicated via email that on July 16th you had issued a 3o day letter to Mr. Guerrero allowing him 3o days to either reduce to 1 (one) Commercial Vehicle or begin the process of applying for a Use by Special Review exemption, which to my knowledge he declined to do. We reported numerous and recurring zoning violations by Mr. Guerrero throughout August, September and October. You responded on 16 October, relating that you had sent a letter to Mr. Guerrero on the 15th advising him he was in violation of Zoning Code 23-3-30 (ZCVo7-01165). On the 19th of October you advised us that Mr. Guerrero had telephoned you earlier in the day and indicated he understood he could only have one vehicle on that property at any one time. Allowing him the benefit of the doubt regarding previous offenses, based on his Oct 19th discussion with you, he now unquestionably has knowingly violated Weld county zoning codes. Our issues: 1. Mr. Guerrero is rotating his own trucks onto the property — at times both are present. Often these trucks are idling, often for periods as long as an hour or more and frequently more than once a day. 2. He has, on occasion, brought an additional commercial vehicle onto the property to perform maintenance, which indicates he is using his private property as a commercial vehicle maintenance shop. 3. The noise and air pollution from these vehicles directly and repeatedly impact our home and our lifestyle. Although we have had discussions with Mr. Guerrero regarding his trucks in the past, he has dismissed our concerns and has frequently and we believe flagrantly violated Weld County Zoning Article III Section 23-3-3o paragraph M. We are formally requesting advice from your office on further action we may take to curtail activities on Mr. Guerrero's property that is in violation of Weld County Zoning Code Article III Sec. 23-3-3o paragraph M. Respectfully, Jon Langstaff&Theresa Sikora DEFnr(TMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 41 (, it S 918 10th Street '�—C'y Greeley, CO 80631 • Email Address: bsalzman@co.weld.co.us Phone: 720-652-4210 x 8739 Fax: 720-652-4211 a SOUTHWEST OFFICE 4209 CR 24.5 ICE Longmont, CO 80504 COLORADO Phone: (720) 652-4210, Ext 8730 iJ Fax: (720) 652-4211 October 15, 2007 GUERRERO BERNARDO 9729 CR 24 FORT LUPTON, CO 80621 Legal Description: ZCV07-01165 PT S2SE4 3-2-67 BEG SE COR OF W2SE4 W145.2' NOD01'E 300' E181.51' S17D52'E 50.95' S05D50'E 55.80' S03D02'W 43.47' S06D10'W 153.18' W38.95' TO POB EXC UPRR RES (.13R) SITUS: 9729 24 CR WELD 80621 Dear GUERRERO BERNARDO: 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: as multiple COMMERCIAL VEHICLES have been returning to your site. As I previously indicated only 1 (one) Commercial Vehicle can be associated with this site; otherwise, you must apply for a Use by Special Review permit. 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, 154 Bethany Salzman Zoning Compliance Officer II pc: ZCV07-01165 Department of Planning Services Bruce Barker, County Attorney Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R8078000 Parcel#: 131103000077 Tax Area: 2179 Bordering County: Acres: 1.21 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 02 - 67 - 03 - 0 - - Owners Name&Address: Property Address: GUERRERO BERNARDO Street: 9729 24 CR 9729 CR 24 City: WELD \� FORT LUPTON, CO 80621 Business/Complex: v Sales Summary /(/ i`f_ Sale Date Sale Price Deed Type Reception# 4/3/2007 $235,600 WD 3466896 Legal Description PT S2SE4 3-2-67 BEG SE COR OF W2SE4 W145.2' N0D01'E 300' E181.51' 517O52'E 50.95' S05D50'E 55.80' S03D02'W 43.47' 506D10'W 153.18' W38.95'TO POB EXC UPRR RES (.13R) SITUS: 9729 24 CR WELD 80621 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Value Measure Units Residential 1112 Site Land Subtotal: $80,000 $6,370 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building Improvements Subtotal: $50,602 $4,030 Total Property Value $130,602 $10,400 Building Details Account#: R8078000 Parcel#: 131103000077 Owners Name &Address: Property Address: GUERRERO BERNARDO Street: 9729 24 CR 9729 CR 24 City: WELD FORT LUPTON, CO 80621 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1920 httn_//m ans2.merri ck.com/W eb site/W e1d/s et S U 1.aso?cm d=O UERY&DET=PP&o in=1311... 10/15/2007 Identify Results Page 2 of 2 Exterior: Frame Hardboard HVAC: None Interior Finish: Drywall Built As SQ Ft: 890 # of Baths: 1 Roof Type: # of Bdrms: 2 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 280 Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R8078000 Parcel#: 131103000077 Owners Name &Address: Property Address: GUERRERO BERNARDO Street: 9729 24 CR 9729 CR 24 City: WELD FORT LUPTON, CO 80621 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1971 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 2400 # of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: httn://mans2.merriek.com/W ebsite/W eld/setSu 1.asn?cmd=OUERY&DET=PP&nin=1311... 10/15/2007 i Identify Results Page 1 of 1 Mobile Home Valuation Account#: M1071197 Parcel#: 131103000077 Owners Name &Address: Property Address: VOGL SHIRLEY & Street: 9729 24 CR FORT LUPTON PO BOX 93 City: FORT LUPTON FIRESTONE, CO 80520 Additional Owners: SEBRING DALE Business/Complex: Legal Description IMPS ONLY MH PT 525E4 3 2 67 MOBILE/MODULAR TITLE NO: O7P004839 SERIAL: 3HG4512E2N2304 YEAR: 1968 MAKE: HAC/GL SIZE: 12X45 9729 24 CR FORT LUPTON 80621 Land Value $0 Land Assessed Value $0 Impr. Value $886 Impr, Assessed Value $70 Total Value $886 Total Assessed Value $70 Total Taxes: $7.42 Amount Due: $0.00 Tax Area: Bordering County: Township Range SectionQuart.Sec. Subdivison Name Block# Lot# 02 - 67 - 03 - 0 - - Acres: Sq. Ft.: Sale Price Sale Date Deed Type Reception # $0 http://maps2.merrick.com/Website/Weld/setSq 1.asp?cmd=ACCDET&acct=1 3 1 1 03 00007... 06/25/2007 Page 1 of 3 Westlaw Attached Printing Summary Report for SALZMAN,BETHANY 3938532 Your Search: COMPANY-NAME(GUERRERO&TRUCKING) & STA(CO) Date/Time of Request: Thursday, June 28,2007 15:36:00 Mountain Client Identifier: GUERRERO Database: CORP-ALL Lines: 29 Documents: 1 Images: 0 The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson, West and their affiliates. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&destination=atp&sv=Spli... 06/28/2007 Page 2 of 3 Westlaw 67240275425 Page 1 67240275425 CORPORATE RECORDS & BUSINESS REGISTRATIONS This Record Last Updated: 01/28/2005 Database Last Updated: 06-28-2007 Update Frequency: WEEKLY Current Date: 06/28/2007 Source: AS REPORTED BY THE SECRETARY OF STATE OR OTHER OFFICIAL SOURCE COMPANY INFORMATION Name: GUERRERO'S TRUCKING FILING INFORMATION Identification Number: 20021256658 Filing Date: 09/16/2002 Expiration Date: 01/14/2003 Status: DISSOLVED Business Type: RESERVED NAME Where Filed: DEPT OF STATE/DIVISION OF COMMERCIAL RECORDINGS 1560 BROADWAY DENVER, CO 80202 REGISTERED AGENT INFORMATION Name: GUERRERO BERNARDO Address: 51 21ST AVE STE 30 LONGMONT, CO 80501 AMENDMENT INFORMATION Amendments: 01/14/2003 MISCELLANEOUS DISSOLVED 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&destination=atp&sv=Spli... 06/28/2007 Page 3 of 3 67240275425 Page 2 09/16/2002 MISCELLANEOUS ARTICLES FILED Call Westlaw CourtExpress at 1-877-DOC-RETR (1-877-362-7387) to order copies of documents related to this or other matters. Additional charges apply. THE PRECEDING PUBLIC RECORD DATA IS FOR INFORMATION PURPOSES ONLY AND IS NOT THE OFFICIAL RECORD. CERTIFIED COPIES CAN ONLY BE OBTAINED FROM THE OFFICIAL SOURCE. END OF DOCUMENT © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&destination=atp&sv=Spli... 06/28/2007 DEPARTMENT OF PLANNING SERVICES Code Compliance Division C 918 10th Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 • COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: $ ZONING CODE COMPLAINT 0 Staff/Name: it( Citizen 0 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: Pending Case#(i.e.USR,RRE, SE, ect...): Legal Description: `e ASUA br S31-31.%)Vi P1 Parcel#: t0 Y1fl Violation Address: 1f O\'"1 CR.atA Property Owners Name: C1vzxcxn ltik Y[[N'11C Phone: Property Owners Address: 'VOA WOO %0tou Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: Additional Notes: ( {ba\ Page 1 of 1 Bethany Salzman From: Jon Langstaff[jon.langstaff@gmail.com] Sent: Monday, October 15, 2007 8:20 AM To: Bethany Salzman Subject: 23-3-30 zone violation Attachments: 100_2605sm.jpg; 100_2605sm.jpg Good Morning Bethany, I have not heard from you for quite some time, so I am uncertain if you have contacted Mr. Guerrero from previous emails I have sent you. Once again, there were two trucks at Mr. Guerrero's residence this weekend, from Friday night (10/12) through this morning (10/15). There was very little activity - only maintenance conducted on both trucks Sunday evening. However; he remains in violation of his agreement to have only one commercial vehicle on his property and because I have not heard from you in any form I do not know if you have done or can do anything about it. Please contact me at your soonest opportunity via email, or my cell phone (303.304.4218) or home phone (970.785.2423). Respectfully, Jon Langstaff 10/15/2007 Page 1 of 2 Bethany Salzman From: Jon Langstaff[jon.langstaff@gmail.com] Sent: Thursday, October 04, 2007 2:59 PM To: Bethany Salzman Subject: Fwd: FW: so they are working on the truck now. Attachments: 100_2597sm.jpg; 100_2592sm.jpg; 100_2593sm.jpg; 100_2594sm.jpg Bethany, Mr. Guerrero is again in violation of his agreement to maintain one commercial vehicle on his property. Included are photos from this past weekend, where a 2nd truck arrived Friday evening (28 Sep) and did not depart until Monday Morning, 1 Oct. On Sunday, throughout most of the afternoon and evening both trucks were running and maintenance was being performed on them. Also included are photos from this morning. Last night I came home and noticed Mr. Gurrero had one gravel loader and one dump truck on his premise. Today he is conducting maintenance on the dump truck. What can I do to assist in getting this resolved, or what options does the county have at this point? Obviously Mr. Guerrero will not uphold his end of the agreement. At your convenience please email or call me (cell -303.304.4218 or home 970.785.2423) and let me know what options are available to influence Mr. Guerrero's compliance on this issue. Respectfully, Jon Langstaff Forwarded message From: Langstaff, Jon <Jon.Langstaff@ag.statc.co.us > Date: Oct 4, 2007 1:44 PM Subject: FW: so they are working on the truck now. To:jon.langstaff@gmail.com From: Terri Sikora [mailto: Terris@hughes.net] Sent: Thursday, October 04, 2007 12:42 PM To: Langstaff, Jon Subject: so they are working on the truck now. 10/15/2007 Page 2 of 2 Here are the pictures two from last weekend showing one truck on the road and one out back one from yesterday when the dump truck arrived and one from today showing the truck being worked on love me Terri Sikora Starry Night Trakehners, LLC Trakehners Sires International (970) 785-2423 (303) 304-4217 www.trak-sires-international.com terris@hughes.net 10/15/2007 Page 1 of 2 Bethany Salzman From: Jon Langstaff Uon.langstaff@gmail.com] Sent: Monday, September 17, 2007 9:08 AM To: Bethany Salzman Cc: terris Subject: Re: Note of thanks Good Morning Bethany, Unfortunately, Mr. Guerrero is still maintaining two trucks at his residence, although he has changed his operating patterns. As far as we can tell, there is only one truck operating from his residence during the week. However, for the past three weekends, a 2nd truck arrives Friday evening. One of the trucks will typically depart Saturday morning and return Saturday evening. On Sundays, typically both trucks have undergone maintenance/upkeep. This past Sunday, both trucks went out late evening, around 9pm. Both returned within a 1/2 hour of each other this morning around 5:30am After about 20minutes, a second driver arrived and took out one of the trucks which made me suspect that during the week he is possibly 'hot-swapping' vehicles and operating two vehicles from his premise during the week as well, although I do not know that for sure. Additionally, this past Friday evening (14 Sep) a 3rd truck arrived around 5pm. My wife was home and asked the driver why they were bringing three trucks back to Mr. Guerreror's residence. His response to her was "Don't you worry about it, lady." The 3rd truck did leave around 6:30pm that evening. As I have said to you earlier, while certainly we are not out to ruin Mr. Guerrero's business, we are not pleased that he has chosen to disregard compliance with ordnance 23-3-30. If you need further action from me to get this resolved, please contact me via email or phone (h970.785.2423, c303.304.4218). We have taken photos that have date stamps, if you require them. Thank you Bethany. Jon Langstaff On 8/29/07, Bethany Salzman <bsalzman@co.weld.co.us> wrote: This is plenty for right now - I am going to call him this afternoon and see what story he gives me. I will let you know... thanks From: Jon Langstaff [mailto:jon.lanostaff@gmail.com] Sent: Tuesday, August 28, 2007 4:52 PM To: Bethany Salzman Subject: Re: Note of thanks Hi Bethany, It didn't take long for Mr. Guerrero to start bringing a 2nd truck back onto his property. Shortly after my last email indicating Mr. Guerrero was complying to the ordnance, a 2nd truck 10/15/2007 Page 2 of 2 showed up (Saturday, 18 Sep). It appeared some type of maintenance work was being done and the truck was gone later that evening. I gave him the benefit of the doubt it was a one-time occurrence. However, over the past week there has been a 2nd truck at his residence intermittently - possibly he has one truck doing a day shift and one at night. My wife is working from home today and she just informed me that two trucks just drove onto Mr. Guerrero's property (one truck was there this morning and departed his premise about the same time I did around 6:45am). Certainly I am not out to intentionally hinder Mr. Guerrero's business, but as he chose not to file a USR application I believe he should abide by ordnance 23-3-30. I had hoped this would not become a thorn in your (or my) side, and would not become more of an issue than it already has. If you want me to go online to file and official complaint I will do so. Thank you very much for all your help. Respectfully, Jon Langstaff On 8/27/07, Bethany Salzman <bsalzman@co.weld.co.us >wrote: I just wanted to inform you that I have officially closed this violation. If you start to see more than 1 (one) commercial vehicle visiting the property. Please e-mail or call me right away. Thanks in advance. From: Jon Langstaff [mailto:jon.langstaff@gmail.com] Sent: Friday, August 17, 2007 9:38 AM To: Bethany Salzman Subject: Note of thanks Bethany, Wanted to follow up and let you know that Mr. Guerrero has been complying with having just one commercial vehicle on his property since Monday, 13 Aug. I appreciate your assistance in this matter and thank you for your diligence. Respectfully, Jon Langstaff 10/15/2007 DE. ,RTMENT OF PLANNING SERVICES Compliance Division carte NORTH OFFICE 918 10th Street CO Greeley, C 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 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 Fax: (720) 652-4211 August 27, 2007 GUERRERO BERNARDO 9729 CR 24 FORT LUPTON CO, 80621 Application Number: ZCV07-01059 Legal Description: PT S2SE4 3-2-67 BEG SE COR OF W2SE4 W145.2' NOD01'E 300' E181.51' S17D52'E 50.95' S05D50'E 55.80' S03D02'W 43.47' S06D10'W 153.18' W38.95' TO POB EXC UPRR RES (.13R) SITUS: 9729 24 CR WELD 80621 Dear GUERRERO BERNARDO: The Weld County Department of Planning Services Staff has closed the zoning violation case on your property as the: as you have reduced to 1 (one) Commercial Vehicle. In order to avoid future violations, please make sure that no additional trucks park on the property (even if temporarily). Thank you for your cooperation in this matter. Should you have any questions regarding this letter, or if you need any further information, please fee free to contact me at the above address, telephone number or e-mail address. Sincerely, • Bethany Salzman Zoning Compliance Officer II pc: ZCV07-01059 County Attorney's Office 0273- (50 - ra5g e,vrl #Yf10 71,g9 fi-(y gth hip/o4 - gel ( ro-' 4 //e j 1// /fehee, A anoreig ( jiral fiat m4Mho OZWrm ✓¢r�Q�c e��,a(o �l a DEPARTMENT OF PLANNING SERVICES Code Compliance Division ' 918 10th Street, Greeley, CO 80631 C Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 • COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated t76-- ZONING CODE COMPLAINT ❑ Staff/Name: V Citizen ❑ Other. ❑ HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT 0 PUBLIC WORKS/PEST& WEEDS Date Complaint was received: if',:A v)•(- ( Pending Case#(i.e. USR, RE, SE,ect...): Legal Description: �,�= C� Lt `�3It;L1 C 1 tx Parcel#: "17)\\ -cc). h' 1 Violation Address: (.A—U,A(\ Ct Property Owners Name: (;AO( ,•"`f )C'V'f1A's"l k_C , Phone: c Property Owners Address: Tenant's Name: Phone: • Tenant's Address: NATURE OF COMPLAINT: • Additional Notes: `.3‘( /PI In Bethany Salzman From: webmaster@co.weld.co.us Sent: Saturday, June 23, 2007 7:50 AM To: Bethany Salzman Cc: Ripley Casdorph Subject: Online Code Complaint Online Complaint submitted June 23, 2007 Name of Complainant: Jon Langstaff Address of Complainant: 9701 WCR 24 Email Address:jon.langstaff@gmail.com Complainant Phone: 970.785.2423 Address of Alleged Violation: 9729 WCR 24 Nature of the Alleged Violation: Violation of Sec. 23-3-30, Accessory Uses. Parking, operating, conducting maintenance on commercial vehicles (gravel loaders) on a property in an agriculture zone How are Your/Your Property Impacted by this Alleged Violation? Mr. Guerrero moved onto the above premise in late April/early May with two commercial gravel loaders. By mid-May a 3rd gravel loader was on the property and by early June a 4th gravel loader began operating from the property. Currently, there is some sort of activity with the commercial vehicles on a daily basis and often at any given hour of the day or night (I have woken up on several occasions in the very late evening/early morning because of trucks arriving/departing). As I have a horse facility, I am outside frequently and invariably, regardless the time of day, either a truck is departing or arriving on the premise, or idling (either for maintenance or warm-up), or his employees are coming and going. Bottom Line: There is the frequent noise of the trucks due to operation and/or maintenance (and accompanied activity) and the strong odor of diesel fuel in the air. Where is Your Property in Relation to the Alleged Violation: The separation between Mr. Guerrero's property and mine (registered to my wife, Terri Sikora) is an access road maintained by Noble Energy. Have You Discussed Your Concerns With the Property Occupant? I first met Mr. Guerrero in mid-May, shortly after the arrival of a 3rd commercial gravel truck. At the time I wasn't sure of the zoning restrictions but I asked if he was going to keep his trucks on the premise. He assured me that if I had any complaints or problems, he would take care of it. Over the next several weeks the trucks began operating day and night, 6 (sometimes 7)days a week. Additionally, truck maintenance began being performed on the weekends - oftentimes both Saturday and Sunday. On 11 June I talked with Mr. Guerrero again, relating that the trucks were now becoming a nuisance and informed him he was in an agriculture zone and he should find a commercial site to park his trucks (prior to this conversation I had discovered Mr. Guerrero had no permit to operate his trucks on this property). At that time, it was my impression that he was going to make arrangements to move his trucks off the premise. The following day (12 June) the 4th gravel truck arrived, but I gave Mr. Guerrero the benefit of the doubt that he was sincere in his attempt to find a storage site for his truck. Last night, 22 June, I came home to find that Mr. Guerrero had brought in a load of gravel to use as cover for his mostly sand-covered parking area. I believe as a good neighbor I have done due diligence in attempting to remedy the situation. If there is any further information you need, please contact me at one of the following numbers: (w) 303.239.4107 (c) 303.304.4218 (h) 970.785.2423 Thank you for your assistance. Respectfully, Jon Langstaff If Not, Please Explain Why? Are You in a Subdivision Which has Covenants that Prohibit the Activity? No Have You Contacted the Homeowners Association? Select May we contact you? Yes 2 eRecorded in Weld C y,CO Doc Id: 3466896 04/05/2007 08:22 A Receipt#:7300833 Page: 1 of 1 Total Fee:$29.56 Steve Moreno, Clerk and Recorder Bernardo Guerrero WARRANTY DEED THIS DEED,Made on April 3,2007 between ; Dale Sebring of the County of Weld,State of Colorado,grantor(s),and Bernardo Guerrero 1,7?whose legal address Is 9729 County Road 24 Fort Lupton,CO 80621 of the County of oQ a0 4,State of Colorado.grantee(s): WITNESSETH,that the grantor(s),for and in consideration of the sum of Two Hundred Thirty Five Thousand Six Hundred and 00/100 DOLLARS($235,600.00),the receipt and sufficiency of which are 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: All that portion of the Southeast 1/4 of Section 3,Township 2 North, Range 67 West of the 6th P.M.,County of Weld,State of Colorado,more particularly described as follows: Beginning at the Southeast corner of the West 1/2 of the Southeast 1/4 of Section 3; thence along the South line of the Southeast 1/4 of Section 3, North 90°00'00" West 145.20 feet; thence parallel with the East line of the West 1/2 of the Southeast 1/4 of Section 3, North 00°01'21"East 300.00 feet; thence South 90°00'00"East 181.51 feet; thence South 17°52'20"East 50.95 feet; thence South 05°50'21"East 55.80 feet; thence South 03°02'42"West 43.47 feet; thence South 06°10'01"West 153.18 feet to a point on the South line of the Southeast 1/4 of Section 3; thence along said Section 3, North 90°00'00" West 38.95 feet to the Point of Beginning, County of Weld,State of Colorado as known by street and numbers as: 9729 County Road 24,Fort Lupton.CO 80621 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.And the grantor(s),for themselves,their heirs,and personal representatives,do covenant,grant,bargain,end agree to and with the grantee(s),their heirs and assigns,that at the time of the ensealing and delivery of these presents,they are well seized of the premises above conveyed, had good,sure,perfect,absolute and indefeasible estate of Inheritance,in law,in fee simple and has good right, full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales liens,taxes,assessments,, encumbrances and restrictions of whatever kind or nature soever,except for general taxes and assessments for the year 2007 and subsequent years;and subject to easements, covenants,reservations,restrictions and rights of way of record. The grantor(s)shall and will WARRANT AND FOREVER DEFEND the above-bargained premises In the quiet and peaceable possession of the grantee(s),their heirs and assigns,against all and every person or persons lawfully claiming the whole of any part thereof. Wherever used herein,the plural references shall be construed to be singular references and singular references shall be construed to be plural references where the context requires and all references of gender and person shall be construed to refer to the grantor or grantors Identified herein regardless of the context. IN WITNESS WHEREOF,the grantor(s)have executed this deed on the date set forth above. Dale Sebring STATE OF COLORADO ) SS. COUNTY OF LARIMER ) q ,f The for ring instrument was acknowledged before me this 9 day of G/&,,-, •�7 by Dale Sebring. Witness my hand and official seal. 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