HomeMy WebLinkAbout20060462.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST TROY SWAZOE 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,Troy Swazoe, VI #0500209, 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 14th day of February, 2006, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Troy Swazoe was not present or represented at said hearing, although all
parties were notified of said hearing by Department of Planning Services staff, and
WHEREAS,the Board of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon
such referral until March 14, 2006, to allow adequate time for the property owner to restore,
remove, or screen the noncommercial junkyard from all adjacent properties and public
rights-of-way, and to remove the storage and the commercial vehicles in violation or submit a Use
by Special 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 #0500209 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Troy Swazoe 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 14, 2006, to allow adequate time for the property owner to restore,
remove, or screen the noncommercial junkyard from all adjacent properties and public
rights-of-way, and to remove the storage and the commercial vehicles in violation or submit a Use
by Special Review application to bring the subject property into compliance.
2006-0462
�L PL0824
l , twv=- O3-o2D-a
VIOLATIONS -VI #0500209 - TROY SWAZOE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of February, A.D., 2006.
BOARD OF CO NTY COMMISSIONERS
I / h. WELD COUP COLORADO
ATTEST: 4 ✓ i� �.,�: � I79 t�
1/49 J. Geile, Chair
Weld County Clerk to the y '""° ♦`
XCUSED
1421.1( * ,ti\, David E. Long, Pro-Tern
BY: t^�� " 1 :, I
De ty Cler to the Board
WJl�am H. Jerke ��
Robert D. Mas n
cunt rney 42,1
Glenn Va
Date of signature: 3/I31C(o
2006-0462
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Troy Swazoe
Violation: VI-0500209
Address: 14486 CR 1, Longmont, CO 80501
Legal: Part of the SW4 of Section 19, T3N, R68W of the 6th P.M., Weld County,
Colorado
Location: East of CR 1 and approximately%North of Hwy 66
North: Bohrer PUD and Agriculturally zoned properties
South: Agriculturally and R-1 zoned properties
East: Agriculturally zoned properties
West: Agriculturally zoned properties and Boulder County
Parcel Number: 1207-19-0-00-009 Acreage: 3 +/- acres
Certified mail date: December 5, 2006 Received: December 8, 2005
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30,
23-3-30.D, 23-3-30.1, 23-3-40, 23-3-40.O and 23-3-40.R 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.
► Additionally, all commercial storage (wood limbs) and all, but 2 (two), commercial vehicles
(semi trailers) shall be removed from the property or a Use by Special Review 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, but to delay legal action for 30 days.
CASE HISTORY
June 1, 2005 Initial complaint received.
June 10, 2005 Five day compliance encouragement letter issued.
June 28, 2005 Violation letter issued.
July 25, 2005 Received faxed letter from Mr. Swazoe's secretary.
August 10, 2005 Received faxed copy of deed of flooring companies new location.
2006-0462
Swazoe
Page 2,VI-0500209
August 17, 2005 Property inspected. Property remains in violation.
August 18, 2005 Violation letter re-issued. Granted 60 day extension.
December 1, 2005 Property inspected. Property remains in violation.
December 5, 2005 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
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a DEPARTMENT OF PLANNING SERVICES
(10Compliance Division
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
II
IWebsite: WWW.CO.WELD.CO.US
C E-mail Address: bsalzmanco.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
December 5, 2005
MR. TROY SWAZOE
14486 CR 1
LONGMONT, CO 80501
Subject: VI-0500209, Part of the SW4 of Section 19, T3N, R68W of the 6th P.M., Weld County,
Colorado
Dear Mr. Swazoe:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on February 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 l "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-30.D "Home Occupations."
Section 23-3-30.1 "Noncommercial Junkyard."
Section 23-3-40 "Uses by special review."
Section 23-3-40.O "Home Business."
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."
To bring the property into compliance:
During an inspection conducted on December 1, 2005, I noted that there is still a large
quantity of tree trunks and branches. During a previous conversation with Laurie, she
indicated you have a gentleman who accumulates the wood and then comes to your site
periodically to chop the wood, which he then removes to sell. As I indicated to Laurie, this
type of activity still constitutes the necessity for special permitting. Therefore,all commercial
activities (operation, maintenance, storage, etc.) shall be removed or a Use by Special
Review application completed and submitted.
•
Mr.Swazoe
Page 2,VI.0500209
I also noted a couple of semi trailers. Currently the code does not make allowances for the
utilization of semi trailers as general storage units. As I explained planning staff is putting
together new language to possibly allow 1 (one) semi trailer as a storage unit as long as it
meets certain criteria; however, as I indicated this language has not been approved by the
Board of County Commissioners. At any event, if you intend on maintaining more than 1
(one)semi trailer as a storage unit, a Use by Special Review application shall be completed
and submitted to the Department of Planning Services. Please keep in mind that 1 (one)
application may be submitted to cover multiple uses. 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.
Lastly, I noted several derelict vehicles (vehicles and camper/trailers) and other
miscellaneous debris. The Weld County Code defines these items as a "Noncommercial
Junkyard"(see definitions listed below). Since you are zoned Agriculture,a"Noncommercial
Junkyard" is an allowed use provided it is screened (provided the vehicles all belong to your
or the current tenant) completely from all adjacent properties and public right-of-ways;
otherwise, the derelict vehicles shall be restored or removed along with the remaining
miscellaneous debris.
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.
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.
Mr.Swazoe
Page 3,VI-0500209
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,
.
N ` N� L N
Q
Bethany Salzman( 1111FT:r\ C7 % G D
Zoning Compliance Officer m o
pc: Vl-0500209 w r o � g ci
Department of Planning Services Z `- q ¢ s
Bruce Barker, County Attorney 2 " ado @ u-
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tj Weld County Department of
111 Planning Services
Wine Inspection Report
COLORADO 918 10"` st
�^ Greeley, CO 80631
V9'\Date of Inspection: , O\'Oc
Permit/Case No.: V
Property Owner Name: �I,l ?,�� t�(�t 1�
�F`�o U
Address: `-1 n
Upon a(visual)(tikei±el inspection of the property listed above,the following items
were noted:
9\4- rcu 3ori l eX4
e \r6 � j
Inspection by: Contact Name: t-a31\c_r\
Contact Phone Number:970-353-6100,Ext.3555
Copy of this inspection was:
Pictures taken during inspection: YYes U No
Kit ie;s:, DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
WI I D E-mail Address: bsalzman(a�co.weld.co.us
PHONE: (970) 353-610O, Ext. 3555
• FAX: (97O) 304-6498
COLORADO
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-421O, Ext. 8730
FAX: (72O) 652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
JHAc 8, 2005
MR. TROY SWAZOE
14486CR1
LONGMONT, CO 80501
Subject: VI-0500209, Part of the SW4 of Section 19, T3N, R68W of the 6th P.M., Weld
County, Colorado
Dear Mr. Swazoe: •
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 I "A (Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-30.D "Home Occupations."
Section 23-3-30.1 "Noncommercial Junkyard."
Section 23-3-40 "Uses by special review."
Section 23-3-40.O "Home Business."
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."
To bring your property into compliance with the Weld County Code:
I noted a large quantity of tree trunks and branches. During a conversation with Laurie,she
indicated you have a gentleman who accumulates the wood and then comes to your site
periodically to chop the wood, which he then removes to sell. As I indicated to Laurie, this
type of activity still constitutes the necessity for special permitting. Therefore,all commercial
activities (operation, maintenance, storage, etc.) shall be removed or a Use by Special
Review application completed and submitted.
Mr.Swazoe
Page 2,VI-0500209
I also noted a couple of semi trailers. Currently the code does not make allowances for the
utilization of semi trailers as general storage units. As I explained planning staff is putting
together new language to possibly allow 1 (one) semi trailer as a storage unit as long as it •
meets certain criteria; however, as I indicated this language has not been approved by the
Board of County Commissioners. At any event, if you intend on maintaining more than 1
(one) semi trailer as a storage unit, a Use by Special Review application shall be completed
and submitted to the Department of Planning Services. Please keep in mind that 1 (one)
application may be submitted to cover multiple uses. 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 officeffice will
have a planner available on Fridays for walk-ins. To better serve you, please bring this
letter with you.
Lastly, I noted several derelict vehicles and other miscellaneous debris. The Weld County
Code defines these items as a "Noncommercial Junkyard" (see definitions listed below).
Since you are zoned Agriculture, a"Noncommercial Junkyard"is an allowed use provided it is
screened (provided the vehicles all belong to your or the current tenant)completely from all
adjacent properties and public right-of-ways;otherwise,the derelict vehicles shall be restored
or removed along with the remaining miscellaneous debris.
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.
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.
Mr.Swazoe
Page 3,VI.0500209
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
August 18, 2005, 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,
et8 hang mart Jc
Zoning Compliance Officer
pc: VI-0500209
Department of Planning Services
Bruce Barker, County Attorney
Weld County Department of
Planning Services
Wilk. Inspection Report
COLORADO
918 10`"St
Greeley, CO 80631
Date of Inspection: D kr1'0
Permit/Case No.: act
�� �
T
Property Owner Name:m 1.)1.1 1 \YOL
Address: 141 4 LP C{-.- '
Upon a(visual)(on-site)inspection of the property listed above,the following items
were noted: LLAki3f,
Loma - ire..— ` y6, 3 t -tkp
I1/4.t3-14 812.1-a( Veheift
- 84
-k S- ea-U/1/4j l Lr t e, n C V\-t c f(r t\ ( Lti cr.
Inspection by: 1)61) Contact Name: 1
Contact Phone Number: 970-353-6100,Ext. 3555
Copy of this inspection was: __
te
Pictures taken during inspection: XYes O No
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w -1.d Co Zt .
-bouy_ 0, -) 0 - 3o9 (Dig q z
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Ld 91.19-499-£0£ eozenog Awl d99:L0 90 Ol 6nV
After Recording Return to:
GRANTEE:
1019 WOODSIDE RD.
LONGMONT,CO 80501
WARRANTY DEED
This Deed,made August 5,2005
Between James H. Livedalen and L. Diane Livedalen of the County B lder, State of COLORADO,
grantor(s)and Troy Swazoe,IN SEVERALITYwhose legal address 131019'V 'ODSIDE DRIVE, LONGMONT,
CO 80501 , County of Boulder,and State of COLORADO,grantee.
WITNESS, That the grantor, for and in the consideration of the sum of TWC 3UNDRED THIRTY-NINE
THOUSAND AND 00/100 DOLLARS (5239,000.00 ) the receipt a sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents c s grant, bargain. sell, convey and
confirm, unto the grantee,their heirs and assigns forever, all the real property togeth .vith improvements. if any,situate,
lying and being in the County of Boulder,State of COLORADO described as folio?
Lot 11,Block 2,Fox Creek Farm Subdivision Filing 5,
County of Boulder, State of Colorado.
also known by street and number as 1019 Woodside Road, Longmont, 0 80501
TOGETHER with all and singular hereditaments and appurtenances,thereunto bek ;ing, or in anywise appertaining,
and the reversion and reversions, remainder and remainders, rents issues and profs hereof, and all the estate. right.
title, interest, claim and demand whatsoever of the grantor, either in law or equity, in and to the above bargained
premises,with the hereditaments and appurtenances.
TO HAVE AND TO HOLD said premises above bargained and described, with tl appurtenances, unto the grantee,
Iris heirs and assigns forever. And the grantor, for himself,his heirs and personal rep sentatives, does covenant,grant,
bargain and agree to and with the grantee,his heirs and assigns,that at the time of ensealing and delivery of these
presents, he is well seized of the premises above conveyed, has good, sure,perfect, solute and indefeasible estate of
inheritance,in law, in fee simple,and has good right, full power and lawful authorit a grant,bargain,sell and convey
the same in manner and form as aforesaid, and that the same are free and clear -m all former and other grants,
bargains, sales, liens,taxes,assessments,encumbrances and restrictions of whateve rid of nature so ever, except for
taxes for the current year, a lien but not yet due and payable, and those : :elle Exceptions described by
reference to recorded documents as reflected in the Title Documents accept r by Buyer in accordance with
section Sa(Title Review) of the contract dated,between the parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-b; wined premises in the quiet and
peaceable possession of the grantee,his heirs and assigns,against all and every pens or persons lawfully claiming the
whole or any part thereof. The singular number shall include the plural, the plur the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this on the date set forth abov
SELLERS:
J s H.Livedalen L.Diane Livedalen
STATE OF COLORADO }ss:
COUNTY OF BOULDER
The foregoing instrument was acknowledged,subscribed and sworn to before me A test 5,2005 by Ja es I ivedalen
and L. Diane Livedalen.
Witness my hand and official seal. q�
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DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10T" Street
GREELEY, CO 80631
Website: WWW.CO_WELD.CO_US
E-mail Address: bsalzman( co.weld.co.us
PHONE: (970) 353-6100, Ext_ 3555
FAX: (970) 304-6498
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
To: Susan Ernst Date: July 26, 2005
Fax: X8911 Pages: 3, including this cover page
Phone: X 8744
From: Bethany Salzman
Zoning Compliance Officer
bsalzmanaDco.weld.co.us
Subject; Troy Swazoe ((Electric Permit))
COMMENTS:
Please see the following letter that I received late yesterday afternoon for the Electric permit file.
Thanks
FAX TRANSMISSION
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman(a�co.weld.co.us
PHONE: (970) 353-6100, Ext. 3555
FAX: (970) 304-6498
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
To: Susan Ernst Date: July 26, 2005
Fax: X8911 Pages: 3, including this cover page
Phone: X 8744
From: Bethany Salzman
Zoning Compliance Officer
bsalzmanco.weld.co.us
Subject: Troy Swazoe ((Electric Permit))
COMMENTS:
Please see the following letter that I received late yesterday afternoon for the Electric permit file.
Thanks
CONFIDENTIAL
This facsimile is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged
confidential and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the
employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that nay dissemination,
distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us
immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you.
Jul 25 05 03: 54p Joseph '& Sherri Klasky 303-485-7325 p_ 1
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4tea DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10r" Street
GREELEY, CO 80631
lIDWebsite: WWW.CO.WELD.CO.US
E-mail Address: bsalzman(a�co.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
June 28, 2005
Mr. Troy Swazoe
Dba: Best Reflections Hardwood Flooring
14486 CR 1
Longmont, CO 80501
Subject: VI-0500209, Part of the SW4 of Section 19, T3N, R68W of the 6th P.M., Weld
County, Colorado
Dear Mr. Swazoe:
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.D "Home Occupations."
Section 23-3-40 "Uses by special review."
Section 23-3-40.O "Home Business."
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 e ?c
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."
To bring your property into compliance with the Weld County Code:
�'� C' ,r`Ah,
�,
Our records indicate the operation of a commercial business on the above referenced y
property; however, I have been unable to locate the necessary Weld County Zoning Permits.
For questions, I suggest you speak to one of our"On-Call" Planners. To better serve the
Mr.Swazoe
Page 2,VI.0500209
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.
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,
we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from
June 27,2005, 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,
≥ Salzman
Zoning Compliance Officer
pc: VI-0500209
Department of Planning Services
Bruce Barker, County Attorney
0
stis
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
IlDGREELEY,918 10TH Street
CO 80631
lige
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzmanna co.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
June 10, 2005
Mr. Troy Swazoe
Dba: Best Reflections Hardwood Flooring
14486 CR 1
Longmont, CO 80501
Subject: VI-0500209, Part of the SW4 of Section 19,T3N, R68W of the 6th P.M.,Weld County,Colorado
Dear Mr. Swazoe:
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 of a commercial business without the necessary permits. For questions, I would
suggest that you speak to one of our"On-Call" Planners. We have 2 locations open to the public. Our main
office is located at 918 10th Street, Greeley, Colorado. Where, we have an "on-call" planner, Monday or
Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00—4:00 p.m. Our other office(the Southwest Weld
Office) is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available
Tuesday or Thursday from 8:00 a.m.—4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule
an appointment, because individuals are seen on a sign in basis. 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,
'a2-4
Bethany Salzman
Zoning Compliance Officer
pc: Vl-0500209
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Identify Results •
IPage 1 of 3
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R4755686 Parcel#: 120719000009
Tax Area: 2325 Bordering County:
Acres: 3
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
03- 68 - 19 -0 - -
Owners Name&Address: Property Address:
SWAZOE TROY V Street: 14486 1 CR
14486 WELD CO RD 1 City:WELD
LONGMONT, CO 80501
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
1/25/2001 $245,000 WD 2822929
Legal_Description
25570K PT SW4 19 3 68 5330' OF 5594'OF N660' OF E330'W990'ALSO E110'OF S198' OF W660'OF N660'SITUS: 14486 1 CR
WELD
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Acres 3
Land Subtotal: 3 $90,000 $7,160
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
1 Residential
2 Out Building
3 Residential
Improvements Subtotal: $193,508 $15,400
Total Property Value $283,508 $22,560
Building Details
Account#: R4755686 Parcel#: 120719000009
Owners Name&Address: Property Address:
SWAZOE TROY V Street: 14486 1 CR
14486 WELD CO RD 1 City: WELD
LONGMONT,CO 80501
Building# Property Type
1 Residential
Individual Built As Detail
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=12071... 06/06/2005
Identify Results Page 2 of 3
Built As: Ranch 1 Story Year Built: 1915
Exterior: Frame Hardboard HVAC: None
Interior Finish: Drywall Built As SQ Ft: 680
#of Baths: 1 Roof Type:
# of Bdrms: 1 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:
Account#: R4755686 Parcel#: 120719000009
Owners Name&Address: Property Address:
SWAZOE TROY V Street: 14486 1 CR
14486 WELD CO RD 1 City: WELD
LONGMONT, CO 80501
Building# Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1940
Exterior: Wood Frame Siding HVAC: None
Interior Finish: Built As SQ Ft: 900
#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:
Account#: R4755686 Parcel#: 120719000009
Owners Name&Address: Property Address:
SWAZOE TROY V Street: 14486 1 CR
14486 WELD CO RD 1 City: WELD
LONGMONT, CO 80501
Building# Property Type
3 Residential
Individual Built As Detail
Built As: Modular Year Built 1997
Exterior: Frame Hardboard HVAC: Forced Air
Interior Finish: Paneling Built As SQ Ft: 1344
#of Baths: 2 Roof Type:
it of Bdrms: 3 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: 6 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=12071... 06/06/2005
Identify Results Page 3 of 3
http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=12071... 06/06/2005
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DEPARTMENT OF PLANNING SERVICES
C
I Code Compliance Division 918 10'h Street, Greeley, CO 80631
O Phone: (970) 353-6100, Ext. 3540
•
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
tg ZONING CODE COMPLAINT 0 Staff/Name: y, 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, RE, SE,ect...):
Legal Description:f±`tea,',4 , r._tt. 'Y ,.`,` Parcel#: I r: , i %-F. �y•
Violation Address: ,,.
Property Owners Name: „ � '`ai�"..o.,t ,.y t."",“, Phone:
Property Owners Address: ..__.a "a`xm , aF:r't
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: Ma^"*� "r4-',,.�c. Ni; ( r t y,- ��- �i'«c +Mona" r°" -"�e(-%,'r +r n.C'
Additional Notes:
o i
z. EXHIBIT
gwestdex.com Floor 417 lifill
2) sSora i _,.11 .� -����,��'
R l:
^. • Free Estimates Over 15 Yrs. 1 \I oiWilt vF
• Licensed & insured- a+araatly4Jtsnesl-& [pester! .
x,
• laitanlag • s
ti
• g • Patches
• • Repair Water
• $ Damaged Pietas
R — Dust Containment, Furniture Moving
& Complete Cleanup Available
— Moisture Control & Monitoring For
a Perfect Installation
83Oa3te o 1111W
Celt-720.3124282
COMPATABILITY WITH THE NEIGHBORHOOD
005 LAYING•SANDING•REFINISHING
MIS
MaW Bad nits,Avila Coon loin
ON B Pw Fda•Says•Fnpda A Hardwood floor installation and refinishing business is
Fru Estimates operated on the property immediately to the South of the
3m3 7l26pmS 7250
Showroom hider Martinez, by Troy Swazoe. The Swazoe property uses the
Berlin Floon • Inc 252a•thSt-303N2.72S0 same private road at issue here.
sest Winks:nu d Florin
14 6WOOCanaRdI tngman— The small ad to the left identifies the property address, and
Iat6ewNatwenBdl tonvnent-3B3na-em P P Y
nal Please See Adventeement Pas 417 points to the large display ad above. Both advertisements
ar appear in the current Qwest Yellow Pages for Longmont,
rand • 30366S•5727
on5. Please See Advertisement Page 421 Mead and Boulder. 4
1111111 Ell 1111111 I I 11111111 I I I 1111111 I I 111111
9 2822929 02/01/2001 02:00P JA Sukl Taukamoto
1 of 2 R 10.00 D 24.50 Weld County CO
WARRANTY DEED
THIS DEED, Made this 25th day of January , 2001,
between Tracy Post
ot'the County of Weld and State of Colorado
grantor.and Troy V. Swazoe
whose legal address is 14486 Weld County Road 1, Longmont, CO 80501
of the County of Weld and State of Colorado .grantee:
WITNESSETH,That the grantor-for and in consideration of the sun of TWO HUNDRED FORTY FIVE
THOUSAND AND NO/100
DOLLARS,($245,000.00 ).
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 confine unto the grantee.his heirs and assigns forever,all the real property together wills
improvements, if any.situate,lying and being in the County of Weld ,and State of Colorado,
described as follows:
The South 330 feet of the South 594 feet of the North 660 feet of the East 330
feet of the West 990 feet of the Southwest 1/4 of Section 19, Township 3 North,
Range 68 West of the 6th P.M.,
Together with a non-exclusive right of way for ingress and egress and
utilities over, under and across the East 30 feet of the West 180 feet of the
North 264 feet of the South 594 feet of the North 660 feet of the East 330
feet of the West 990 feet of the said Southwest 1/4 of Section 19; also
--Continued--
alsoknownbystreelandnumberas 14486 Weld County Road 1, Longmont, Colorado 80501
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
hereditarnents and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his
heirs and assigns forever. And She grantor,for,himself,his heirs and personal representatives,does covenant,grant,bargain and
agree to and with the grantee,his dews'and assigns,that at the lime 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
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 seever,except for taxes for the current year,a lien but nal yet due or
payable,easements,restrictions,reservations,covenants and rights-or-way of record,if any.
The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargained premises in the quiet and peaceable posses-
sion of the grantee,his 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.
IIN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
Tracy
P11t U—r-'X1'1
Tracy P et
w1s11 3F Mpate 'n}
STATE OF COLORADO ) tct 7'360
ss. CCCJJJ ///���---
COUNTY OF BOULDER
The foregoing instrunent was acknowledged before me this 25th day of January , 2001 by
Tracy Post
•
My Commission expires: an o
I SHANTELL VAHLING
NOTARY PUBLIC Notary Pub
INSTAT, �E OF COLORADO
WARRANTY DEED(far Ph otopepguv e Bdrwme,rw,eulon ElPnea JI11ete f File I LR529I3B00
11111 1111 WHIN IIN IIII 111111 III 11111 IIII III
2822929 02/01/2001 02:00P JA Sold Teukamoto
2 o1 2 R 10.00 D 24.50 Weld County CO
14486 Weld County Road 1
CONTINUATION OF LEGAL DESCRIPTION TO DEED DATED
January 25, 2001
together with a non-exclusive right of way for ingress and egress and
utilities over, under and across the North 50 feet of the West 660 feet of
said Southwest 1/4 and the North 66 feet of the East 330 feet of the West 990
feet of the said Southwest 1/4; Also the East 110 feet of the South 198 feet
of the West 660 feet of the North 660 feet of the Southwest 1/4 of Section 19,
Township 3 North, of Range 68 West of the 6th P.M.;
Together with a non-exclusive right-of-way and easement over, under and across
the South 20 feet of the 198 feet of the West 660 feet of the North 660 feet
of the said Southwest 1/4 of Section 19, Township 3 North, Range 68 West of the
6th P.M., for the purposes of ingress and egress and for the installation and
maintenance of utilities; said easement to be used jointly with the grantors
and their successors in interest and reserved in Warranty Deed recorded
December 16, 1969 in Book 618 at Reception No. 1540327, records of Weld County,
County of Weld, State of Colorado
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