HomeMy WebLinkAbout20063378 RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST RICHARD AND CAROLYN BAUSERMAN 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,Richard and Carolyn Bauserman,VI#0600366,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 14th day of November, 2006, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation, at
which time this matter was continued to December 12, 2006, to allow adequate time for the
property owners to be notified of the violation hearing date.
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, Richard Bauserman, property owner, was present at said hearing, 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 March 12, 2007, to allow adequate time for the property owners to complete the
screening of the noncommercial junkyard from all adjacent properties and public rights-of-way 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 #0600366 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Richard and Carolyn Bauserman 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 March 12, 2007, to allow adequate time for
the property owners to complete the screening of the noncommercial junkyard from all adjacent
properties and public rights-of-way to bring the subject property into compliance.
2006-3378
�� �„ t PL0824
O, -e'S C'7
VIOLATIONS -VI #0600366 - RICHARD AND CAROLYN BAUSERMAN
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 COMMISSIONERS
-: a WELD NTY LORADO
��� < 1 �
ATTEST: ' '\
�� }- `M ' ., eile, Chair
Weld County Clerk to the Bo i
fE
� ` =vid . Lon Pro-Tem
BY:
De• t Clerk the Board ' '- . .-
Wil . m H. Jerke
APP D AS • \\\I\D
-
Robert D. Masden
o Attorney EXCUSED
Glenn Vaad
Date of signature: I Iq/01
2006-3378
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Richard & Carolyn Bauserman
Violation: VI-0600366
Property Address: 15294 CR 20, Fort Lupton, CO 80621
Mailing Address: 305 Strong St, Brighton, CO 80601-1701
Legal: Lot A of RE-2609 also known as part of the E2NW4 of Section 22, T2N, R66W of
the 5th P.M., Weld County, Colorado
Location: South of and adjacent to CR 20 and about a '/.mile East of CR 31
North: Agricultural
South: Agricultural
East: Agricultural
West: Agricultural
Parcel Number: 139-22-0-00-056 Acreage: 4.68 +1-Acres
Certified mail date: October 18, 2006 Received:
Currently the property is in violation of Chapter 23,Article 111(3), Division 1 of Sections 23-3-20, 23-3-30,
23-3-30.1, 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:
► The Noncommercial Junkyard shall be removed, restored or completely screened
from all adjacent properties and public rights-of-ways.
P. 1 (one)Commercial Vehicle is allowed without additional Weld County Zoning
Permits. Therefore, all but 1 Commercial Vehicle shall be removed from the property
or the appropriate zoning application shall be completed and submitted to the
Department of Planning Services.
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 17, 2006 Initial complaint received.
August 21, 2006 Initial inspection completed.
August 23, 2006 Five day compliance encouragement letter issued.
2006-3378
Mr.&Mrs.Bauserman
Page 2,VI-0600366
September 8, 2006 Violation letter issued.
October 16, 2006 Property inspected. Property remains in violation.
October 18, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
November 14, 2006 At the Violation Hearing the Board of County Commissioners continued this
Violation to the December 12, 2006 hearing.
November 14, 2006 Certified letter for November Violation Hearing returned as "Not Deliverable as
Addressed— Unable to Forward"
November 20, 2006 I posted Mr. Bauserman's personal residence with the Violation Hearing
notification letter.
1�.
• O
4Qj � Weld County Department of
IIIID Planning Services
p Inspection Report
COLORADO 918 10'h St
Greeley,CO 80631
Date of Inspection:
Permit/Case No.: A'i CAA:67,FAQ
Property Owner Name: \, 1≥ r"-I- -1
Address: a.26. t,_7I 'ape°, !*. k c\t -\\for m
Upon a( l)(on-site) inspection of the property listed above,the following items
were noted:
- 1iL�(-r:t ��i• � `t�`i19 -SVNCt_1t {\-\19 1 \
-kV\ cACC: ri b,.,I �
t ') k .. S\(tk CSco{.
Inspection by: t'J �) Contact Name: iA. ; +,{.jam
�
Contact Phone Number:970-353-6100, Ext. 3555 or Ext. 3566
Copy of this inspection was:
Pictures taken during inspection: 0 Yes X.No
a DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
C E-mail Address: bsalzman(a�co.weld.co.us
O 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
cfr
November 17, 2006
MR. & MRS. RICHARD BAUSERMAN
305 STRONG ST Op}> 14
BRIGHTON, CO 80601-1701
Subject: VI-0600366, Lot A of RE-2609 also known as part of the E2NW4 of Section 22,T2N,
R66W of the 6th P.M., Weld County, Colorado
Dear Mr. &Mrs. Bauserman:
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 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."
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.&Mrs.Bauserman
Page 2,VI.0600366
To bring your property into compliance with the Weld County Code:
► During my inspection from the road right-of-way, I noted the presence of a
NONCOMMERCIAL JUNKYARD consisting of at least 2 (two) DERELICT
VEHICLES, wood, miscellaneous building materials and iron/metal. In order to
maintain a NONCOMMERCIAL JUNKYARD it must be SCREENED from all
adjacent properties and public rights-of-ways.
► I also noted 2 (two)COMMERCIAL VEHICLES(dump truck and a semi truck). More
than 1 (one)COMMERCIAL VEHICLE requires special permitting. 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 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.
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.
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.
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.
Mr.&Mrs.Bauserman
Page 3,VI.0600366
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,
(52-
Bethany Salzman
Zoning Compliance Officer II
pc: VI-0600366
Department of Planning Services
Bruce Barker, County Attorney
�Qo
-is..., ! le°. o JNING SERVICES
cO ait I
pmpliance Division
Ii t I� NORTH OFFICE III 1 f o 918 10T" Street
,,� umu EELEY, CO 80631
M o Q ^ l , r.CO.WELD.CO.US
Wil �" V LA .+ !anaco.weld.co.us
rs°3.twn g h rca¢° ° i3-6100, Ext. 3555
K ' ca
a gal g ,X: (970) 304-6498
COLOR oat aos THWEST OFFICE
*+ ouuo 4209 CR 24.5
z f Jt j )MONT, CO 80504
S a z¢w = 52-4210, Ext. 8730
H Cr C4 DUO X: (720) 652-4211
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O 0 p O RJIJ _=I
October 18, 2006 ��� o m 7 a w
O 5 m
MR. & MRS. RICH, H Q 0 W F. W
305 STRONG ST 2 °D X Z -i
BRIGHTON, CO o ° col— OO Z U
N
O m
Subject: VI-0 w 0 a ion 22,T2N,
R66 2 CC _
Dear Mr. & Mrs. B I � Mm . ':t4
fi
O
The property refere 5 • .." o !scheduled a
es co
meeting with the Bc w ...4to consider
the violations occur toQ }lation of the
following Section' z , 0
zir. CA a' !I
Chapter 23, , z c `�
Section 23-3 a 0 c,
Section 23-3 w
Section 23-3 0 z I
Section 23-3 li g iE on
property on ' w > - pd or
recorded sut 'if p on of
any regulatic ¢ V - e (5)
COMMERCI, a z les in
cu
size when u p It OA 9 the
number of tri n the
property is lo! fs vg ch is
part of a mar a +O lions,
such USE m MBO
Section 23-3 O
Section 23-3 w O MI C..) a Use
by Special F IV rn 4I at the
property is nc ap or
plan filed pric iment
proposals shall not be permitted to use the special review permit process to aevelop."
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10T" Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
C E-mail Address: bsalzman(a�co.weld.co.us
O PHONE: (970) 353-61O0, 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 18, 2006
MR. & MRS. RICHARD BAUSERMAN
305 STRONG ST
BRIGHTON, CO 80601-1701
Subject: VI-0600366, Lot A of RE-2609 also known as part of the E2NW4 of Section 22, T2N,
R66W of the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Bauserman:
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 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."
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.&Mrs.Bauserman
Page 2,VI.0600366
To bring your property into compliance with the Weld County Code:
► During my inspection from the road right-of-way, I noted the presence of a
NONCOMMERCIAL JUNKYARD consisting of at least 2 (two) DERELICT
VEHICLES, wood, miscellaneous building materials and iron/metal. In order to
maintain a NONCOMMERCIAL JUNKYARD it must be SCREENED from all
adjacent properties and public rights-of-ways.
► I also noted 2(two)COMMERCIAL VEHICLES(dump truck and a semi truck). More
than 1 (one)COMMERCIAL VEHICLE requires special permitting. 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. Neither
office will have a planner available on Fridays for walk-ins. To better serve you,
please bring this letter with you.
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.
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.
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.
Mr.&Mrs.Bauserman
Page 3,VI-0600366
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,
•
Bethany Salz an
Zoning Compliance Officer II
pc: VI-0600366
Department of Planning Services
Bruce Barker, County Attorney
U.S. Postal ServiceT,.,
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Weld County Department of
Planning Services
Inspection Report
COLORADO 91810 St
Greeley, CO 80631
Date of Inspection: `t0- 1.0-0(.0
V.
Permit/Case No.: I b(p�i` QL
Property Owner Name Tbet.Lt c.,tf't:�� i ((� d
Address: \ Zq \ ( 2v
Upon a(visual)(.) inspection of the property listed above, the following items
were noted:
of 6Q_V-e L t Lt ( c 4A
1t-1 ry 1rc\S„ tAk
0-cc,SNC\C rt r.1 \f 0 ti,(1i
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Inspection by: Contact Name:
Contact Phone Number:970-353-6100,Ext. 3555
Copy of this inspection was:
Pictures taken during inspection: ),Yes O No
p DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10T" Street
GREELEY, CO 80631
IWebsite: WWW.CO.WELD.CO.US
E-mail Address: bsalzmanco.weld.co.us
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
September 8, 2006
MR. & MRS. RICHARD BAUSERMAN
305 STRONG ST
BRIGHTON, CO 80601-1701
Subject: VI-0600366, Lot A of RE-2609 also known as part of the E2NW4 of Section 22, T2N,
R66W of the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Bauserman:
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."
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.&Mrs.Bauserman
Page 2,VI-0600366
To bring your property into compliance with the Weld County Code:
► During my inspection from the road right-of-way, I noted the presence of a
NONCOMMERCIAL JUNKYARD consisting of at least 2(two)DERELICT VEHICLES,
wood, miscellaneous building materials and iron/metal. In order to have a
NONCOMMERCIAL JUNKYARD it must be SCREENED from all adjacent properties
and public rights-of-ways.
► I also noted 2 (two)COMMERCIAL VEHICLES (dump truck and a semi truck). More
than 1 (one) COMMERCIAL VEHICLE requires special permitting. 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. Neither office will have
a planner available on Fridays for walk-ins. To better serve you, please bring this
letter with you.
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.
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.
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.
Mr.&Mrs.Bauserman
Page 3,VI-0600366
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 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,
Bethany Salzman
Zoning Compliance Officer II
pc: VI-0600366
Department of Planning Services
Bruce Barker, County Attorney
a
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
C Website: WWW.CO.WELD.CO.US
QE-mail Address: bsalzman(hco.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
August 23, 2006
MR. & MRS. RICHARD BAUSERMAN
305 STRONG ST
BRIGHTON, CO 80601-1701
Subject: VI-0600366, Lot A of RE-2609 also known as part of the E2NW4 of Section 22,T2N, R66W of
the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Bauserman:
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:
► During my inspection from the road right-of-way, I noted the presence of a
NONCOMMERCIAL JUNKYARD consisting of at least 2 (two) DERELICT VEHICLES,
wood, miscellaneous building materials and iron/metal. In order to have a
NONCOMMERCIAL JUNKYARD it must be SCREENED from all adjacent properties and
public rights-of-ways.
D. I also noted 2 (two)COMMERCIAL VEHICLES(dump truck and a semi truck). More than
1 (one)COMMERCIAL VEHICLE requires special permitting. 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 101h Street, Greeley, Colorado. At our North office,
an"On-Call"Planner is available, Mondaythru 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.
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.
SERVICE.TEAMWORK,INTEGRITY,QUALITY
Mr.&Mrs.Bauserman
Page 2,VI.0600366
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.
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.
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,cyAnimick?scimBe Sal
Zoning Compliance Officer II
pc: VI-0600366
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY.QUALITY
O
O
(,haw Weld County Department of
' Planning Services
1IIIDe Inspection Report
COLORADO 918 10"' St
Greeley,CO 80631
Date of Inspection: ,. k-tom( Il
Permit/Case No.: l�j Q( -4-13
Property Owner Name: `L6,( \`&,f1 f\r6e,
Address: \ LCkA C V 2C'
Upon a(visual)(o11ihs)inspection of the property listed above,the following items
were noted:
r
b.X'i q.,i IQ.C. ti-c' i≤sl.. ;__
V.Z:P 1 `,\(.st._ (N. `i .
r
Inspection by: l . .) Contact Name: N)(1AZ yy re
Contact Phone Number: 970-353-6100,Ext.3555
Copy of this inspection was: l
Pictures taken during inspection: O Yes No
.
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0546301 Parcel#: 130922000056
Tax Area: 2240 Bordering County:
Acres:4.68
I
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
Owners Name &Address: Property Address:
BAUSERMAN RICHARD E &CAROLYN SUE Street: 15294 20 CR
305 STRONG ST City: WELD
BRIGHTON, CO 80601-1701
Business/Complex:
Sales Summary.
Sale Date Sale Price Deed Type Reception#
12/13/2000 $80,000 WD 2814387
Legal Description
PT E2NW4 22-2-66 LOT A REC EXEMPT RE-2609 (.32R) SITUS: 15294 20 CR WELD 000000000
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Site
Land Subtotal: $80,000 $6,370
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Out Building
Improvements Subtotal: $14,394 $1,150
Total Property Value $94,394 $7,520
Building Details
Account#: R0546301 Parcel#: 130922000056
Owners Name&Address: Property Address:
BAUSERMAN RICHARD E &CAROLYN SUE Street: 15294 20 CR
305 STRONG ST City: WELD
BRIGHTON, CO 80601-1701
Building# Property Type
1 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 2001
Exterior: HVAC: None
http://map s2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1309... 08/17/2006
Identify Results Page 2 of 2
Interior Finish: Built As SQ Ft: 2160
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
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DEPARTMENT OF PLANNING SERVICES
— Code Compliance Division
918 10th Street, Greeley, CO 80631
wiip
O Phone: (970) 353-6100, Ext. 3540
�'. Fax: (970) 304-6498
C0L0RADO • t" �._'�'" ��
•
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
%. ZONING CODE COMPLAINT n Staff/Name: Citizen O 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: Cc-n-fltji
Pending Case#(i.e.USR, RE, SE,ect...):
cc *he E C3113-40C- 311 ►ZIJ 91LkQU3
Legal Description:] h}- A -c' RE- 2( y ?MS V C` ca "ll AS Parcel#: t?A ,Ct 0-am- 5l r
Violation Address: n-acit-k CAL 7.n
Property Owners Name: VTI 1 2A( eta Qrl`!n P Zlrl Phone:
Property Owners Address: O3 4Oint e 4 t.)'uC1'\-knTI CC; upD�—, 1O l
Tenant's Name: J - Phone:
Tenant's Address:
NATURE OF COMPLAINT: X'f`.1.i( - V&KS(\tTh lu VCOC-t'/ LL,f'tLXk
Additional Notes: PVC GS\Lk 1
11111111111 Jil�lll IIIII 1111 11111 111111 III OH NE
Iltl
3ry7 2814387 12/20/2000 09:26A JA Suki Tsukamota
O 1 or 1 R 6.00 0 8.00 Weld County CO
WARRANTY DEED
THIS DEED, Made this 13th day of December, 2000 between
Kevin D. Willard and Heather M. Willard
of the County of Weld and
State of Colorado, grantor, and
Richard E. Bauserman and Carolyn Sue Bauserman
whose legal address is Vacant Land, , Colorado
cf the County of Weld and State of Colorado, grantees:
WITNESS that the grantor for and in consideration of the sum of EIGHTY THOUSAND AND
00/100, ($80,000.00) Dollars, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns
forever, not in tenancy in common but in JOINT TENANCY, all real property, together
with improvements, if any, situate, lying and being in the County of Weld and State
of Colorado, described as follows:
Lot A of Recorded Exemption No. '_309-22-2-RE2609, recorded May 4, 2000 as Reception
No. 2765931, being a part of the E1/2NW1/4 of Section 22, Township 2 North, Range 66
West of the 6th P.M. , County of Weld, State of Colorado.
also known by street and number as Vacant Land, , Colorado
TOGETHER with all and singular the hereditaments and appurtenances thereunto
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, 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 grantees, their heirs and assigns forever. And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
and agree to and with the grantees, their heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has 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 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
general taxes for 2000 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantees, their heirs and assigns,
against all and every person or persons lawfully claiming the whole or any part
thereof.
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 has executed this deed on date set forth above.
vvin I Kee D. Willard q
i0 bpn in,
Heather M. Willar
STATE OF COLORADO }
} as. The foregoing instrument was acknowledged before
County of Weld J me this 13th day of December, 2000
by Kevin D. Willard and Heather M. Willard
Witness my hand and official seal.
My c iss'on e es
'0..OTAR 1-01 NOTARY PUBLIC --
1295 Main St.
No. 9 f Al Rev. 3-85 1 I Windsor, COLORADO 80550
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