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Home My WebLink About20062511.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600077 AGAINST MICHAEL AND CLETO VIDAURRI, C/O GIL VIDAURRI 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, Michael and Cleto Vidaurri, c/o Gil Vidaurri, VI #0600077, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 12th day of September, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Michael and Cleto Vidaurri, c/o Gil Vidaurri were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to continue said matter until October 10, 2006, to allow adequate time for the property owners to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights-of-way. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0600077 against Michael and Cleto Vidaurri, c/o Gil Vidaurri be, and hereby is continued to October 10, 2006, to allow adequate time for the property owners to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights-of-way. 2006-2511 Cot PL , kit OC- PL0824 VIOLATIONS - VI #0600077 - MICHAEL AND CLETO VIDAURRI, CIO GIL VIDAURRI PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th d—• eptember, A.D., 2006. r"(' Ezta,, BOARD OF CO NTY COMMISSIONERS WELD COU , COLORADO ATTEST: ate/ ,/ / i%� � 7 , ace' 1•wr M. J. eil Chair Weld ounty Clerk to theEif David E. Long, Pro-Tem BY: itt A ' (ILL De.0 y Clerk the Board William H. Jerke ED AS TO • EXCUSED Robert D. Mas en o ty orne \ Gle n Vaad Date of signature: 9 Izs10 , 2006-2511 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Michael & Cleto Vidaurri do Gil Vidaurri Violation: VI-0600077 Situs Address: 513 Dunmire St, Frederick, CO 80530 Mailing Address: PO Box 471, Frederick, CO 80530 Legal: Lots 75-77, Block E, Evans Addition, Weld County, Colorado Location: East of and adjacent to CR 13 and North of and adjacent to CR 16 aka First St North: Firestone city limits South: Frederick city limits East: Frederick city limits West: Frederick city limits Parcel Number: 1311-30-3-04-010 Acreage: .2152 +/-Acres Certified mail date: July 26, 2006 Received: August 14, 2006 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. REMEDY To bring the property into compliance the Noncommercial Junkyard shall be restored, removed or completely screened from all adjacent properties and public rights-of-ways. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. CASE HISTORY February 21, 2006 Violation initiated as a result of inspection in the community. February 21, 2006 Initial inspection completed. February 22, 2006 Five day compliance encouragement letter issued. February 27, 2006 Gil Vidaurri called to discuss the violation and possible options. March 23, 2006 Violation letter issued. 60 days granted. July 24, 2006 Property inspected. Property remains in violation. July 26, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2006-2511 a DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 9 18 10TH Street GREELEY, CO 80631 'DWebsite: WWW.CO.WELD.CO.US WI E-mail Address: bsalzman(a�co.weld.co.us Q PHONE: (970) 353-61 00, 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 July 26, 2006 MR. & MRS. MICHAEL VIDAURRI C/O MR. GIL VIDAURRI PO BOX 471 FREDERICK, CO 80530 Subject: VI-0600077, Lots 75-77, Block E, Evans Addition, Weld County, Colorado Dear Mr. Vidaurri: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 12,2006,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 Ill, Div 1 "A (Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial Junkyard." To bring the property into compliance: During my last inspection, I noted"substantial progress"; however,there was still a small amount of wood and miscellaneous debris situated on the property. Please keep in mind that if you feel you have corrected all of the outstanding issues prior to the above mentioned hearing, please call for a final inspection so that this violation may be closed and the above referenced hearing cancelled. 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. Mr.Vidaurri Page 2,VI-0600077 JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 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, I c i b Odame v o `a L a ao' ¢ z° d m N Bethany Salzman O o %� s Zoning Compliance Officer II d - N 4 n pc: VI-0600077 /E a v`. ¢ Department of Planning Services N, m ril -,03 ' / u o iz ad Bruce Barker, County Attorney d \ L O �/ t ...rrr ry i ., e m U.S. Postal Service.., i v d'C'6 y' TP 2 0 = m CERTIFIED MAIL,, RECEIPT ≥ cri m r vi (Domestic Mail Only;No Insurance Coverage Provided) m v >. z - ¢• = 8 O For delivery information visit our website at www.usps.com_, rn ¢ g — rn ¢ O ¢ n- d K Ri d m u °d o ui , ,, d �a ew �' �.,E.-n a 1 fit" ¢ Postage $ ri S co CC. U = Certified Fee o N m a Rd Can't ©' Q o Return Receipt Fee Postmark 4p '� C LLO \ —� O (Endorsement Required) Here • O O Lv N O E (a t= Resmaed Delivery Fee R o.y.c >,m ,- CC° W ,� uE r (Endorsement Reqired) W °i o ` rn rM w "�' L) (n Q a N3.6 A .4 ai rrb,W I � Total Postage&Fees $ y c6 N an y rq W 6a' C�'a t�r 0 I C »L d d g A G /r:, O r ,Tr IDfsM N O Sent To V� E W C J ro 6 Om }"-, ' 12 o MR. & MRS. MICHAEL VIDAURRI C/0 GIL m m o « w 8 7 ₹ threat,Apt.Na.; or PCaox No. PO BOX 471 o E-c § E A r 1+ En• o , 8 . cm.State,ZIP+A 1 FREDERICK, CO 80530 O o¢ g 3 t d a GX eC a E ,g m al 2-.I. >._12 m p x' a) mII E O oa,Coro • '? W� O CL o c `o aa U-d lit 0 •N z• o a, ix Z C V_ (n • • • .- N a. • • , tom Weld County Department of Planning Services WIIDc Inspection Report COLORADO 91810 St Greeley, CO 80631 Date of Inspection: - -(, Permit/Case No.: VT .kOCCCM, Property Owner Name: V t ,"'k y Y 11 ‘i ' 't t roe Address: Upon a(visual ) inspection of the property listed above,the following items were noted: • Inspection by: ` 1 Contact Name: 1 Jl__ k_VACOn• Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspection was: — Pictures taken during inspection: O Yes X_No a DEPARTMENT OF PLANNING SERVICES ie3/43/4.;:::, Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 DWebsite: WWW.CO.WELD.CO.US E-mail Address: bsalzman(Tco.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 WELD COUNTY ZONING VIOLATION NOTICE March 23, 2006 MR. & MRS. MICHAEL VIDAURRI 0/0 MR. GIL VIDAURRI PO BOX 471 FREDERICK, CO 80530 Subject: VI-0600077, Lots 75-77, Block E, Evans Addition, Weld County, Colorado Dear Mr. Vidaurri:. The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 23, Article Ill, Div 1 "A (Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial Junkyard." To bring your property into compliance with the Weld County Code: The NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES,wood,trash and miscellaneous debris (see definitions listed below)shall be removed,restored or completely SCREENED from all adjacent properties and public rights-of-ways. Earlier this month we discussed a 60 day extension for this to occur. 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. Mr.Vidaurri Page 2,VI.0600077 JUNK: Scrap brass, iron, lead, tin,zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials;fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; is not registered with the State, as required by Section 42-3-103, C.R.S., or by Section 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights- of-way or otherwise not equipped with lamps and other equipment as required in Sections 42- 4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. 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. 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 March 23, 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, y 1141114-4(1 )0Bethany Salzman Zoning Compliance Officer II pc: VI-0600077 Department of Planning Services Bruce Barker, County Attorney • DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE I918 10TH Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US W I pe, E-mail Address: bsalzman(ohco.weld.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 February 22, 2006 MR. & MRS. MICHAEL VIDAURRI C/O MR. GIL VIDAURRI PO BOX 471 FREDERICK, CO 80530 Subject: VI-0600077, Lots 75-77, Block E, Evans Addition, Weld County, Colorado Dear Mr. Vidaurri: It has come to the attention of the Department of Planning Services'staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance with the Weld County Code is the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, wood, trash and miscellaneous debris (please see definitions listed below) 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. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; is not registered with the State, as required by Section 42-3-103, C.R.S., or by Section 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of- way or otherwise not equipped with lamps and other equipment as required in Sections 42-4- 202 to 42-2-227, C.R.S.This definition shall not include implements of husbandry,farm tractors or vehicles customarily operated in a FARMING operation. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; SERVICE,TEAMWORK,INTEGRITY,QUALITY Mr.Vidaurri Page 2,VI-0600077 used tires and other manufactured goods that are so worn,deteriorated or obsolete as to make them unusable in their existing condition. 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. 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, i Bethany Salzm Zoning Compliance Officer II pc: VI-0600077 Department of Planning Services SERVICE,TEAMWORK.INTEGRITY,QUALITY O a l / V Weld County Department of Planning Services 111110. Inspection Report COLORADO 918 10'"St Greeley, CO 80631 CADate of Inspection: "� Permit/Case No.: \II:_L.CCO j 1 Property Owner Name: , Address: �I� ..r\cc,(%—e_ . Upon a(visual)(cn inspection of the property listed above,the following items were noted: t�C �1Qh1( Vr'. ‘\(.1.2Jn Inspection by:.---F)7') Contact Name: 4, y1 Contact Phone Number: 970-353-6100,Ext.3555 Copy of this inspection was: -z- Pictures taken during inspection: 0 Yes kNo Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0147987 Parcel#: 131130304010 Tax Area: 1344 Bordering County: Acres: 0.2152 Township Range Section Quart.Sec. Subdivison Name Block* Lot# 02 - 67 - 30 - 3 EVANSADD - E - 75 Owners Name&Address: Property Address: VIDAURRI MICHAEL WILLIAM &CLETO Street: 513 DUNMIRE ST WELD C/O GIL VIDAURRI City: WELD P 0 BOX 471 FREDERICK, CO 80530 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description 20625 L75-76-77 BLK E EVANS ADD COAL%513 DUNMIRF/o SITUS: 513 DUNMIRE ST WELD 80520 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Site Land Subtotal: $35,000 $2,790 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $78,892 $6,280 Total Property Value $113,892 $9,070 Building Details Account*: R0147987 Parcel#: 131130304010 Owners Name &Address: Property Address: VIDAURRI MICHAEL WILLIAM &CLETO Street: 513 DUNMIRE ST WELD C/O GIL VIDAURRI City: WELD P 0 BOX 471 FREDERICK, CO 80530 Building* Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1920 http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13113... 02/22/2006 Identify Results Page 2 of 2 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 832 # of Baths: 1 Roof Type: # of Bdrms: 2 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 4 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: httn://mans.merrick.com/Website/Weld/setScil.asp?cmd=QUERY&DET=PP&pin=13113... 02/22/2006 2 (tl 2 s S� h 4 m u L- t,$ ; a U ' 4ag cn g Q . a PI I i l .. W � { m �! O [ 'o g -c �j V Le. vs g v cn 5@ S •4 . Q N C ,wl W l o ' p' : y t- . I G = Z Q W L - ). A E 1 C�.1 ♦ _ d �! tm g a O c c . +1 7 . m _. ,0 N U 91 K. G W '� n"� � y� K[ e[..�t l z . . _ - ≥ ,o 13'[. g{i r[ der 5 ?, { i i F -t I•?C $E I µ . r E 1 ;d q - . � " .±:,:t."::: s , I , .0 Z I. a S ° yr, E aL I. '. _([ppit� s' ; 'd'h�S. .. % . , g: u I. a' a- sy to L3 s �•I m m • 2. to �n A z' g >- ' E- ,,:::±,:;dN r -, —� --I -- U;.Q. G'J :' U pp. J W !-� . .ms' , N $ r r r� c iu f.O - ' -- S o tj -2f ,P �s . III .g pl e�a ii7 c Z 6' �� ,.�.. f ill, >4 a quit!',lat, T" a A :III L #G, i a'ra1111yPE,'�I: did , ; Sk Sr� I s. _.� >; iii dd . ... !,, C;)" DEPARTMENT OF PLANNING SERVICES Code Compliance Division C 918 10`" Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 ^,�� Fax: (970) 304-6498 COLORADO rc•ZONING and/or BUILD . G CO) " OMPLAINT FORMS (CComplaint Initiated by: Cat ZONING CODE COMPLAINT l�( Staff/Name: �1Ye 4" 0 Citizen C Other: o 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: a1 Pending Case#(i.e. USR, RE, SE, ect...): fir. "� �y i Legal Description: � Y-M—T ,`; Y_- E 1 b[2uiC M0_ Parcel#: 1211— ? 1 T`,ot-A-rito Violation Address: 3\C , t y ir�' r-t Property Owners Name: V`LJ ,1('r'\) ( ctf\d e e-Lt Phone: D Property Owners Address: ` 0 -P--)o K \ I (�( et M5 a{ Tenant's Name: • Phone: Tenant's Address: NATURE OF COMPLAINT: raft* V QiiR.Ick,CO 1 10 oock 1 `t'kaykf • Additional Notes: Document Detail Page 1 of 1 " r Document Detail Instrument 2056538 Receipt#: Number: CJ 1/N Document Code: DEED WARRANTY Recording Fee: $3.00 Recording Date: 06/09/1986 Documentary $0.00 Fee: Recording Time: 04:41P Number of Pages: 1 Book: 1115 Document Date: N/A Page: 1555 Client: Weld County,CO Title: Steve Moreno Clerk& Grantor Recorder 'Grantee Connected As: VIDAURRI SATERO VIDAURRI MICHAEL WILLIAM ?fanning Department VIDAURRI CLETO !Legal Description !Mist Notes Return Address Related EVANS ADD L77 GOTER LEROY PETE 2056538 PO BOX 321 FREDERICK CO 80530 Back: Copyright©1999 Tyler Technologies Inc.,Eagle Division,All Rights Reserved. Privacy Policy http://icris.co.weld.co.us/icris/detail.jsp?did=2056538 02/22/2006 Hello