HomeMy WebLinkAbout20063383 RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600395
AGAINST UNION PACIFIC RAILROAD COMPANY, CIO GREG LARSEN,AND LANCE
CLYMER 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, Union Pacific Railroad Company, c/o Greg Larsen, and Lance Clymer, VI
#0600395, 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 December, 2006, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,and
WHEREAS,Union Pacific Railroad Company,c/o Greg Larsen,and Lance Clymerwere 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 immediate legal action for the portion of the violation that
deals with the noncommercial junkyard to restore, remove or screen from all adjacent properties
and public rights-of-way, and to delay legal action until June 12, 2007, for the portion of the
violation that deals with the Site Plan Review application to allow adequate time for the tenant to
obtain a new septic system and submit a Site Plan Review application 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 #0600395 be, and hereby is, referred to the Weld County Attorney's
Office for immediate legal action against Union Pacific Railroad Company, c/o Greg Larsen and
Lance Clymer, to remedy the violation of the Weld County Code for the noncommercial junkyard,
and to delay action until June 12, 2007, for the Site Plan Review violation to allow adequate time
for the tenant to obtain a new septic system and to submit a Site Plan Review application to bring
the subject property into compliance.
2006-3383
PL0824
CP 1, 4 not- p/•07--0
VIOLATIONS -VI #0600395 - UNION PACIFIC RAILROAD COMPANY, C/O GREG LARSEN
AND LANCE CLYMER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of December, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
�:N, h', WELD COUNTY ORADO
ATTEST: Mild) '9'
1861 -- 1/45. ile, Chair
Weld County Clerk to the Bo d9'
®
BY: t vid E. Long, Pro-Tem
"•
4A-1°f-A
lerkZq the oard /1-1 .
H. Jerke
AP-PR 9ED AS TO
!D. asden
County torney EXCUSED
Glenn Vaad
Date of signature: I i LI /0-1
2006-3383
PL0824
Weld County Violation Summary
Compliance Officer, Ann Siron
BASIC INFORMATION
Property Owner: UP Railroad Company, do Greg Larsen
Tenant: Lance Clymer '
Violation: VI-06Q949T� VI -01)3"0�4S
Address: 15683 S Hwy 392, Gilcrest, CO 80623
Legal: N/A
Location: East of and adjacent to Hwy 85 and North of and adjacent to CR 40
North: Gilcrest city limits, some 1-3 and R-5 Zone Districts, Agriculture
South: Agriculture and 1-3 Zone Districts
East: Agriculture
West: Gilcrest city limits and Agriculture
Parcel Number: N/A
Certified mail date: November 1, 2006 Received: November 14, 2006
Currently the property is in violation of Chapter 23, Article 111(3), Division 4 of Sections 23-3-330, 23-3-
330.B, 23-3-330.C and 23-3-330.D of the Weld County Code.
REMEDY
To bring the property into compliance a Site Plan Review(SPR)application shall be completed and
submitted to the Department of Planning Services for the railcar salvage operation.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office for immediate legal action.
CASE HISTORY
August 18, 2006 Initial complaint received.
August 18, 2006 Initial inspection completed.
August 31, 2006 Five day compliance encouragement letter issued.
September 7, 2006 Violation letter issued.
November 1, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2006-3383
a DEPARTNi_ .T OF PLANNING SERVICES
KitNorth Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
Phone (970) 353-6100, Ext. 3566
Fax (970) 304-6498
O e Southwest Office
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
November 1, 2006
Lance Clymer
Timberline Log Exteriors
Po Box 447
Gilcrest, CO 80623
Subject: VI-0600395, Located on a parcel of land described as Railroad right-of-way Gilcrest, UP
Folder 189-59; being part of the SE4 of Section 28,T4N, R66W of the 6`"P.M.,
Weld County, Colorado
Dear Mr. Clymer:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on December 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 Ill, Div 4 "Industrial Zone District"
Section 23-3-330 "I-3 (Industrial)Zone District"
Section 23-3-330.8 "Uses Allowed by Right"
Section 23-3-330.C "Accessory Uses"
Section 23-3-330.E "Site Plan Review Required. No land, BUILDING or STRUTURE
shall be USED, changed in USE or type of occupancy, DEVELOPED, erected,
constructed, reconstructed, moved or structurally altered or operated in the 1-3 Zone
District until a Site Plan Review has been approved by the Department of Planning
Services. It shall be necessary that the applicant in the 1-3 Zone District certify and state
that the performance standards and district requirements that are applicable to the
DEVELOPMENT and USES of property zoned I-3 have been or shall be complied with
according to the intent of Article II, Division 3 of this Chapter. This shall be
accomplished through the Site Plan Review application process. Uses listed in
Subsection D above as Uses by Special Review in the I-3 Zone District shall be exempt
from the Site Plan Review process and shall make application for approval of a permit in
accordance with the requirements and procedures set forth in Article II, Division 4 of this
Chapter.
To bring the property into compliance:
A Site Plan Review shall be completed and submitted to the Department of Planning
Services.
For questions I suggest speak to one of our"On-Call"Planners. T i.tter serve the
public, we have two 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.
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.
U.S. Postal Service,,
Sincerely, n CERTIFIED MAIL,. RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
D-,,,
may/ F r ehvery ini rmah nvisrt ur we•site al wwyw.us•s.c.m.
rx
Ann iron N ° ' '4 a
Zoning Compliance Officer
Postage S
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pc: VI-0600395 0 Certified Fee
Postmark
Department of Planning Services O Return Receipt Fee Here
Bruce Barker, County Attorney (Endorsement Required)
Restricted Delivery Fee
-n (Endorsement Required)
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r3 Total Postage 8 Fees $
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o Sent To 4 c.. �4cn1L''rt
M1 .SYree4 AG[No.: _ lA_t
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City,State,nwe 'r S
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SENDER. COMPLETE THIS SECTION OO0IPLETE THIS SECTION ON DELIVERY
•.Complete items 1,2,and 3.Also complete A. Signature ��//''—
item 4 if name an addre is d the reverse
❑Agent
■ Print your name and address on the reverse � O Addressee
so that we can return the card to you. 6,-".."'B. Rack Prlar'ed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: • 17 O Yes
nter del address ) CNo
11ancc. Chimer
T,trlb�rlinC N0V 14 2006 V0y 132D06
1-a)EAk c riots
PO Rev 14
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Certified Mail O Express Mail
••J ❑ Registered O Return Receipt for Merchandise
❑Insured Mall O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number
(Transfer from service label) 7005 1160 0001 4537 9124
• PS Form 3811, February 2004 Domestic Return Receipt 102595-02.M.1540
DEPARTMENT 01- PLANNING SERVICES
(itb North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
I Phone: (970)353-6100, Ext. 3566
CFax: (970)304-6498
O e Southwest Office
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720)652-4210, Ext. 8730
Fax: (720)652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
September 7, 2006
Lance Clymer
Timberline Log Exteriors
PO Box 447
Gilcrest, CO 80623
Subject: VI-0600395, Located on a parcel of land described as Railroad right-of-way Gilcrest, UP Folder
189-59; being part of the SE4 of Section 28, T4N, R66W of the 6th P.M., Weld
County, Colorado
Dear Mr. Clymer:
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 4 "Industrial Zone District"
Section 23-3-330 "1-3 (Industrial)Zone District"
Section 23-3-330.B "Uses allowed by right"
Section 23-3-330.C "Accessory Uses"
Section 23-3-330.E "Site Plan Review Required. No land,BUILDING or STRUCTURE shall be
USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed, moved or structurally altered or operated in the 1-3 Zone District until a Site Plan
Review has been approved by the Department of Planning Services. It shall be necessary that
the applicant in the I-3 Zone District certify and state that the performance standards and district
requirements that are applicable to the DEVELOPMENT and USES of property zoned 1-3 have
been or shall be complied with according to the intent of Article II, Division 3 of this Chapter.
This shall be accomplished through the Site Plan Review application process. Uses listed in
Subsection D above as Uses by Special Review in the 1-3 Zone District shall be exempt from the
Site Plan Review process and shall make application for approval of a permit in accordance with
the requirements and procedures set forth in Article II, Division 4 of this Chapter.
To bring your property into compliance with the Weld County Code:
A Site Plan Review shall be completed and submitted to the Department of Planning Services.
For questions I sugga you speak to one of our "On-Call" Planners. To better serve the
public, we have two 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 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.
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
September 7, 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, ALcuits
Ann Siron
Zoning Compliance Officer
pc: VI-0600395
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
Webebsite:e: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
' Phone: (970) 353-6100, Ext. 3566
CFax: (970)304-6498 Southwest Office 4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
August 31, 2006
Lance Clymer
Timberline Log Exteriors
PO Box 447
Gilcrest, CO 80623
Subject: VI-0600395, Located On a parcel of land described as Railroad right-of-way Gilcrest, UP Folder
189-59; being part of the SE4 of Section 28, T4N, R66W of the 6`h P.M., Weld
County, Colorado
Dear Mr. Clymer:
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 operation/storage of commercial related material, located South of Gilcrest on the East
side of Hwy 85, without the proper Site Plan Review(SPR).
For questions, I suggest you speak to one of our"On-Call"Planners. To better serve the public,we have two
locations open. Our North office is located at 918 10`h 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.
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.
Sinc ely, 1:1/4C�
Ann iron
Zoning Compliance Officer
pc: VI-0600395
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Ann Siron
From: GALARSEN@up.com
Sent: Friday, August 25, 2006 5:58 AM
To: Ann Siron
Subject: Re: UP Folder 189-59; Gilcrest railroad property
Ann,
Mr. Clymer's contact information is as follows:
Lance Clymer
Timberline Log Exteriors
P.O. Box 447
Gilcrest, CO 80623
(303) 514-9192
Gregg A. Larsen
Senior Manager - Real Estate
Union Pacific Railroad Company
1400 Douglas Street
Stop 1690
Omaha, NE 68179-1690
Phone: 402-544-8552
Fax: 402-501-0340
1
a
DEPARTMENT OF PLANNING SERVICES
Ingle Code Compliance Division
918 10`" 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:V 1—otoepaliS
CY ZONING CODE COMPLAINT ❑ Staff/Name: ❑ Citizen ❑ Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: ei5' ( ) —OLP
Pending Cas #(i.e.USR, SE ect...)
1-oct .onpp r'cc eF toad thud 4g l k r',t.oF-Ocki i,\crest, v?Fdder
lot-fftax4n kt cirism. 5 oC sat,TIA , R4t,
Legal Description:' Parcel#:
Violation Address:- 5• ctezaC/JIL* I east/tt tuj ar
Property Owners Name: 1�t 1 �P �Q,f.,VVi inC0.
Property Owners Address: Po Rnx 44-1 e, „± (_p2
Tenant's Name: Phone:
Tenant's Address: ` (� N' rrriii'�, "'" ^ A
NATURE OF COMPLAINT: Ors ��K o 'tr f c j` �ial. ..'uk
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