HomeMy WebLinkAbout20062800.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600246
AGAINST DELBERT BARTON 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,Delbert Barton,VI#0600246, 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 10th day of October, 2006, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Delbert Barton 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 deems it advisable to bring legal action against those individuals
named above to correct said violation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with
legal action against Delbert Barton 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.
2006-2800
PL0824
VIOLATIONS -VI #0600246 - DELBERT BARTON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of October, A.D., 2006.
} BOARD OF COUNTY COMMISSIONERS
in ..WELD COU , COLORADO
ATTEST: 1141/ _
r'*n
1 `# _ *---M. J. , Chair
Weld County Clerk to the B rd / -2 -m e-
1
�i ,y° ;,, David E. Long, Pro-Tem
BY:
Depu Clerk to e Board i
William H. Jerke
AP AS TO EXCUSED
Robert D. Masden
County A y EXCUSED
Glenn Vaad
Date of signature: ibiZylc�
2006-2800
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Delbert Barton
Violation: VI-0600246
Address: 15028 Lamb Av, Fort Lupton, CO 80621
Legal: Part of the SW4 of Section 27, T2N, R66W of the 6`" P.M., Weld County,
Colorado
Location: South of and adjacent to CR 18 and East of and adjacent to CR 31
North: Agriculture with residences
South: Industrial plant/Agriculture
East: Agriculture
West: Agriculture with minimal residences
Parcel Number: 1309-27-3-00-004 Acreage: 1.63 +/-Acres
Certified mail date: September 8, 2006 Received: September 13, 2006
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30
and 23-3-30.1 of the Weld County Code.
REMEDY
To bring the property into compliance the Noncommercial Junkyard shall be removed, restored or
completely screened from all adjacent properties and public rights-of-ways.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office for immediate legal action.
CASE HISTORY
June 12, 2006 Violation initiated after visual inspection.
June 12, 2006 Initial inspection completed.
June 16, 2006 Five day compliance encouragement letter issued.
June 26, 2006 Delbert called to discuss possible options for compliance.
June 27, 2006 Violation letter issued.
September 5, 2006 Property inspected. Property remains in violation.
September 5, 2006 Delbert called in to discuss the violation.
September 8, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2006-2800
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10T" Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
W I gpe E-mail Address: bsalzman(Wco.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
September 8, 2006
MR. DELBERT BARTON
15028 LAMB AV
ARISTOCRAT RANCHETTES
FORT LUPTON, CO 80621
Subject: VI-0600246, Part of the SW4 of Section 27, T2N, R66W of the 6th P.M., Weld County,
Colorado
Dear Mr. Barton:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on October 10,2006, at 10:00 a.m.,to consider the
violations occurring on the property. The above mentioned property remains in violation of the
following Section(s) of the Weld County Code:
Chapter 23, Article Ill, Div 1 "A (Agricultural) Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-30.1 "Noncommercial Junkyard."
To bring the property into compliance:
The NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, windows,
barrels and miscellaneous debris shall be removed, restored or completely SCREENED
from all adjacent properties and public rights-of-ways. (Please see definitions listed below)
NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,
paper,rags, rubber tires,building materials and bottles.A NONCOMMERCIAL JUNKYARD
may also include the storage or keeping of DERELICT VEHICLES registered last or
currently registered under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows,the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-
way.
Mr.Barton
Page 2,VI-0600246
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.
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,
U.S.Postal Servicem,
721C( 1. " ) ( r CERTIFIED MAIL., RECEIPT
-v f(Domestic Mail Only;No Insurance Coverage Provided)
Bethany Salzman -' for delivery-information visit our we6site at www.usps.com,:, •
Zoning Compliance Officer II m
Li"
pc: VI-0600246 9 Posta e $
Department of Planning Services a
O Certified Fee
Bruce Barker, County Attorney o _ Postmark
Return Receipt Fee(Endorsement Required) Here
Restricted Delivery Fee
(Encorsement Required)
Total Postage 8 Fees $
LIT
C I sent To
(MR. DELBERT BARTON
— Srreet,Apt.No.:
orPO Box No. 15028 LAMB AV
LM stare.
FORT LUPTON, CO 80621
�$-•rTag00,4unexam '.Seelleverse.$onprslfudbes
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signature �l '�/�,/y n-�
item 4 if Restricted Delivery is desired. � C� 0 Agent
• Print your name and address on the reverse 0 Addressee
so that we can return the card to you. B. Received by(Printed Name) C,,,�..�pate of Delivery
■ Attacht this card to the back the mailpiece, 2®i °r` .6'at'J 11 r
or on the front if space permits.
D. Is delivery address different from item 1? 0 Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
MR. DELBERT BARTON
15028 LAMB AVE
ARISTOCRAT RANCHETTES
FORT LUPTON, CO 8062f1anning DepaAmen₹
1EY OFFICE
3. Service Type
• r' 1 700E + Certified Mall 0 Express Mail
❑ Registered 0 Return Receipt for Merchandise
EIVE ❑ Insured Mail 0 C.O.D.
D 4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7005 1160 0001 4537 9278
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
ARTICLE III
Zone Districts
Division 1
A (Agricultural) Zone District
Sec. 23-3-10. Intent.
Agriculture in the COUNTY is considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected business, industrial and residential
land USES. The A(Agricultural) Zone District is established to maintain and promote agriculture
as an essential feature of the COUNTY. The A(Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and activities related to agriculture and agricultural
production without the interference of other,incompatible land USES. The A (Agricultural) Zone
District is also intended to provide areas for the conduct of USES by Special Review which have
been determined to be more intense or to have a potentially greater impact than USES Allowed
by Right.
The A (Agricultural) Zone District regulations are established to promote the health, safety and
general welfare of the present and future residents of the COUNTY. (Weld County Codification
Ordinance 2000-1)
Sec. 23-3-20. Uses allowed by right.
No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall
hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone
District except for one(1) or more of the following USES. Land in the A (Agricultural) Zone
District is subject to the schedule of bulk requirements contained in Section 23-3-50 below.
USES within the A (Agricultural) Zone District shall also be subject to the additional
requirements contained in Articles IV and V of this Chapter.
A. One(1) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS per LEGAL
LOT.
B. One(1) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS on a parcel of
land created under the provisions of Chapter 24, Article VIII of this Code.
C. FARMING, RANCHING and GARDENING.
D. Cultivation, storage and sale of crops, vegetables, plants, flowers and nursery stock raised on
the premises.
E. TEMPORARY storage, in transit, of crops, vegetables, plants, flowers and nursery stock not
raised on the premises and not for sale on said premises.
F. Cemeteries.
G. Grazing of LIVESTOCK.
H. Feeding of LIVESTOCK within the limitations defined in Section 23-3-50 below and Section
23-4-710.
I. OIL AND GAS PRODUCTION FACILITIES.
J. PUBLIC parks and PUBLIC recreation facilities.
K. PUBLIC SCHOOLS and PUBLIC SCHOOL extension classes.
L. UTILITY SERVICE FACILITIES.
M. Alcohol production which does not exceed ten thousand (10,000) gallons per year,provided
that alcohol and by-products will be used primarily on the owner's or operator's land.
N. TEMPORARY group assemblages (subject to Chapter 12, Article I, of this Code).
O. Asphalt or concrete batch plant used temporarily and exclusively for the completion of a
PUBLIC road improvement project.
P. MOBILE HOME subject to the additional requirements of Article IV, Division 3 of this
Chapter.
Q.Police and Fire Stations or Facilities.
R. Borrow pits used TEMPORARILY and exclusively for the completion of a PUBLIC road
improvement project. In addition, sand, soil and aggregate MINING, regardless of the use of the
material, which qualifies for a single limited impact operation (a 110 permit) or is exempt from
any permits from the Division of Minerals and Geology, generates no more than five thousand
(5,000) cubic yards of material per year for offsite use and does not involve crushing, screening
or other processing. An Improvements Agreement, as determined by the Depai tment of Public
Works,may be required prior to commencement of operations.
S. MANUFACTURED HOME subject to the additional requirements of Section 23-4-700 of this
Chapter.
T. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of
ANIMAL UNITS permitted in Section 23-3-50.D below is not exceeded.
U. Commercial towers subject to the provisions of Section 23-4-800. However, one (1) amateur
(HAM)radio operator's crank-up antenna may be extended to a maximum of one hundred fifty
(150) feet in height, provided that its resting or "down" position does not exceed seventy (70) feet
in height.
V. Disposal of domestic sewage sludge subject to the additional requirements of Article IV,
Division 6 of this Chapter.
W. Disposal of DOMESTIC SEPTIC SLUDGE subject to the additional requirements of Article
IV, Division 7 of this Chapter. (Weld County Codification Ordinance 2000-1; Weld County Code
Ordinance 2001-1; Weld County Code Ordinance 2002-9)
Sec. 23-3-30. Accessory uses.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural)
Zone District so long as they are clearly incidental and ACCESSORY to the Uses Allowed By
Right in the A (Agricultural) Zone District. Such BUILDINGS, STRUCTURES and USES must
be designed, constructed and operated in conformance with the bulk requirements contained in
Section 23-3-50 below. ACCESSORY USES within the A (Agricultural) Zone District shall also
be subject to the additional requirements contained in Articles IV and V of this Chapter. Note:
The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the
original effective date of this Chapter(August 25, 1981) on LOTS in an approved or recorded
subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations
controlling subdivisions of less than ten (10) acres shall not exceed four percent (4%) of the total
lot area, except in Mixed Use Development areas, which shall adhere to MUD development
standards. However, in no case shall such an accessory building exceed twice the GROSS
FLOOR AREA of the primary residence on the lot except by variance. Any accessory structure
made nonconforming by application of this Section may be repaired,replaced or restored in total.
A. STRUCTURES for storage of equipment and agricultural products. Converted,partially
dismantled, modified, altered or refurbished MOBILE HOMES or MANUFACTURED HOMES
shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of
equipment or agricultural products.
B. BUILDINGS for confinement or protection of LIVESTOCK, within the limitations defined in
Section 23-3-50 below. Converted, partially dismantled,modified, altered or refurbished
MOBILE HOMES or MANUFACTURED HOMES shall not be utilized as an
AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural
products.
C. MOBILE HOMES used as SINGLE-FAMILY DWELLINGS for persons customarily
employed at or engaged in FARMING, RANCHING or GARDENING subject to the additional
requirements of Article IV, Division 3 of this Chapter.
D. HOME OCCUPATIONS.
E. OFFICE incidental to the operation of the Uses Allowed by Right as listed in Section 23-3-20
above.
F. MOBILE HOME subject to the additional requirements of Article IV. Division 3 of this
Chapter.
G. Roadside stands when the products offered for sale are grown on the premises. Such stands
shall be situated not less than fifty(50) feet from the PUBLIC right-of-way.
H. SIGNS, in conformance with the provisions of Article IV, Division 2 of this Chapter.
I. NONCOMMERCIAL JUNKYARD.
J. Any other STRUCTURE or USE clearly incidental and ACCESSORY to the operation of a
Use Allowed by Right in the A (Agricultural) Zone District.
K. Cargo container as Accessory STRUCTURE. One(1) cargo container as an Accessory
STRUCTURE in the A (Agricultural) Zone District may be permitted for storage of goods inside
the unit. A cargo container used for storage shall require the issuance of building permits. The
following conditions shall apply:
1. Electricity is the only utility which will be connected to the cargo container used for storage.
2. The cargo container used for storage will not be used on any basis as a DWELLING or as
overnight or temporary housing for any person.
3. The property upon which the cargo container is to be located must be a LEGAL LOT.
4. The applicant shall not remove any structural component of the cargo container used for
storage making it unmovable.
5. A cargo container used for storage shall not be allowed to fall into a state of disrepair. Such
disrepair may include a cargo container that is partially or totally damaged by fire, earthquake,
wind or other natural causes, or is in a state of general dilapidation, deterioration or decay
resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such
cargo container used for storage shall be restored to, and maintained in, the original condition it
was in at the time it was placed on the site as established by the original inspection by the
Department of Building Inspection, or it shall be removed from site.
6. A cargo container used for storage shall be removed from the property upon cessation of the
USE.
7. The cargo container may not be used in any manner to display a sign.
L. Up to two (2) semi-trailers may be used for accessory storage on agricultural parcels not in an
approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the
adoption of any regulations controlling subdivisions in the A(Agricultural) Zone District. (One
[1] semi-trailer used as accessory storage on lots in an approved or recorded subdivision plat, or
LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling
subdivisions in the A(Agricultural) Zone District may be permitted according to the procedure
and requirements outlined in Section 23-4-165 of this Chapter for the purpose of storing goods
inside the unit.)
M. Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty
(80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is
part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking
and operation of up to five(5) COMMERCIAL VEHICLES from property equal to, or greater
than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as
long as the number of trips does not exceed sixty (60)per day to and from the property. When the
property is located within an approved or recorded subdivision. or part of a LOT which is part of
a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may
be permitted through Section 23-4-950 of this Code. (Weld County Codification Ordinance 2000-
1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County
Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance
2006-4)
Sec. 23-3-40. Uses by special review.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated
and maintained in the A (Agricultural) Zone District upon approval of a permit in accordance
with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
A. Mineral resource development facilities including:
1. OIL AND GAS STORAGE FACILITIES.
2. OIL AND GAS SUPPORT AND SERVICE.
3. Open pit MINING and materials processing, subject to the provisions of Article IV, Division 4
of this Chapter.
4. Asphalt and concrete batch plants.
5. Coal gasification facilities.
6. MINING or recovery of other mineral deposits located in the County, subject to the provisions
of Article IV,Division 4 of this Chapter.
B. Agricultural Service establishments primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including:
1. Sorting, grading and packing fruits and vegetables for the grower.
2. Grain and/or feed elevators.
3. Crop dusting or spraying operations facilities (includes hangars, landing trips, fertilizer storage
facilities, insecticide storage facilities, fuel storage facilities and OFFICES ACCESSORY to the
crop dusting or spraying operation).
4. Farm equipment sales,repair and installation facilities.
5. Veterinary clinics or hospitals.
6. Grain and feed sales.
7. Commercial grain storage and drying.
8. Fertilizer storage, mixing, blending and sales.
9. Seed production, processing, storage, mixing, blending and sales.
10. Animal training and boarding facilities where the maximum number of ANIMAL UNITS
permitted in Section 23-3-50.D is exceeded or when the use adversely impacts surrounding
properties, including noise, odor, lighting or glare, traffic congestion or trash accumulation.
11. Alcohol production exceeding ten thousand (10,000) gallons per year or the sale or loan of
alcohol occurring to any other person not involved in the alcohol production operation.
12. Animal waste recycling or processing facilities.
13. Custom meat processing.
14. LIVESTOCK sale barns and facilities.
15. Forage dehydration facilities.
16. LIVESTOCK CONFINEMENT OPERATIONS.
17. Rodeo Arenas, Commercial
18. Roping Arenas, to include both indoor and outdoor arenas, commercial.
C. Recreational facilities and USES including:
1. Race tracks and race courses.
2. DRIVE-IN THEATERS, subject to the provisions of Section 23-4-410.
3. Golf courses.
4. Shooting ranges, subject to the provisions of Section 23-4-370.
5. Guest farms and hunting lodges.
6. Fairgrounds.
7. PUBLIC, commercial or private tent or RECREATIONAL VEHICLE camping areas.
8. RECREATIONAL FACILITIES such as water skiing lakes and dirt bike race courses. for
example, that are used as public or private COMMERCIAL RECREATIONAL FACILITIES.
D. Public Utilities facility, including:
I. Equipment storage or repair facilities, subject to the provisions of Section 23-4-420.
2. Storage tanks, subject to the provisions of Section 23-4-420.
3. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES, subject to the
provisions of Section 23-4-420.
E. PUBLIC and quasi-PUBLIC BUILDINGS including:
1. CHURCHES.
2. Private SCHOOLS.
3. Administrative OFFICES or meeting halls for agricultural organizations.
F. AIRPORTS and AIRSTRIPS.
G. JUNKYARDS or salvage YARDS.
H. KENNELS, subject to the additional requirements of Section 23-4-400.
I. Solid Waste Disposal sites and facilities, subject to the additional requirements of Section 23-4-
380.
J. Keeping,raising or boarding of EXOTIC ANIMALS.
K. One(1) or more microwave, radio, television or other communication transmission or relay
tower over seventy (70) feet in height per LOT. Commercial towers subject to the provisions of
Section 23-4-800.
L. One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under
Section 23-3-20 A above.
M. MULTI-FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in
FARMING, RANCHING or GARDENING.
N. Expansion or extension of NONCONFORMING USES.
O. HOME BUSINESS.
P. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four percent(4%) of the
total lot area, as detailed in Section 23-3-30 above,per BUILDING on LOTS in an approved or
recorded subdivision plat or LOTS part of a map or plan field prior to adoption of any regulations
controlling subdivisions.
Q. ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in
Section 23-3-50 D below are exceeded and/or the traffic that is generated by the boarding activity
exceeds sixty(60) trips per day to and from the property.
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.
S. CHILD CARE CENTER.
T. BED AND BREAKFAST FACILITY.
U. More than one (1) semi-trailer on lots in an approved or recorded subdivision plat or LOTS
which are part of a map or plan filed prior to the adoption of any regulations controlling
subdivisions; and more than two (2) semi-trailers on agricultural parcels not in an approved or
recorded subdivision plat of LOTS which are part of a map or plan filed prior to the adoption of
any regulations controlling subdivisions in the A (Agricultural)Zone District.
1. The applicant shall adhere to the zoning permit requirements of Section 23-4-165 of this Code.
V. USES similar to the USES listed above as Uses by Special Review as long as the USE
complies with the general intent of the A (Agricultural) Zone District.
W. PROCESSING.
X. RESEARCH LABORATORY.
Y. HEAVY MANUFACTURING-PROCESSING.
Z. WIND TURBINE—Height stipulation of seventy (70) feet or less does not apply.
AA. More than one (1) cargo container per legal lot or parcel. (Weld County Codification
Ordinance 2000-1;Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9;
Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2005-01; Weld County
Code Ordinance 2006-2)
Sec. 23-3-50. Bulk requirements.
The following lists the bulk requirements for the A (Agricultural) Zone District.
A. Minimum LOT size:
1. Irrigated: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter section).
2. Dry: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter section).
B. Minimum SETBACK: twenty (20) feet. Fences are not required to comply with the minimum
SETBACK and may be located on the property line. Fences located on corner lots abutting public
rights-of-way shall not obstruct the view of vehicular traffic at an intersection.
C. Minimum OFFSET: three (3)feet, or one (1) foot for each three (3) feet of BUILDING
HEIGHT, whichever is greater. Fences are not required to comply with the minimum OFFSET
and may be located on the property line.
D. Maximum number of ANIMAL UNITS permitted per acre: four(4)per acre or portion
thereof
E. No BUILDING or STRUCTURE, as defined and limited to those occupancies listed as Groups
A, B, E,F, H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be
constructed within a twohundred-foot radius of any tank battery or within a one-hundred-fifty-
foot radius of any wellhead. Any construction within a two-hundred-foot radius of any tank
battery or one-hundred-fifty-foot radius of any wellhead shall require a variance from the terms of
Section 23-3-10 of this Code.
F. Landscape criteria may be based upon compatibility with existing adjacent lots and land uses.
G. All external lighting shall be designed in accordance with Section 23-2-160.U.6. (Weld
County Codification Ordinance 2000-1; Weld County Code Ordinance 2003-10; Weld County
Code Ordinance 2005-01)
O
e I
SKIS ems\ Weld County Department of
1 Planning Services
W11D�. Inspection Report
COLORADO 918 10`" St
Greeley, CO 80631
Date of Inspection: CS'C_�
Permit/Case No.: VI — L'� L''C
Property Owner Name: r \ Z: ',_.
Address: W1 '( � � %Zr� �v�
Upon a(visual)O inspection of the property listed above,the following items
were noted:
All° \\C AA. C ‘, .1 i . {
'Jr-
N.
Inspection by: i Contact Name: A`-, '( LY (r-'1N
Contact Phone Number: 970-353-6100,Ext. 3555 or Ext. 3566
Copy of this inspection was: a
Pictures taken during inspection: C Yes SI No
•
DEPARTMENT OF PLANNING SERVICES
(fitCompliance Division
NORTH OFFICE
P‘°q 918 10TH Street
GREELEY, CO 80631
IlDWebsite: WWW.CO.WELD.CO.US
E-mail Address: bsalzmanco.weld.co.us
co.weld.co.us
O 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
June 27, 2006
MR. DELBERT BARTON
15028 LAMB AV
ARISTOCRAT RANCHETTES
FORT LUPTON, CO 80621
Subject: VI-0600246, Part of the SW4 of Section 27, T2N, R66W of the 6th P.M., Weld
County, Colorado
Dear Mr. Barton:
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 lll, Div 1 "A (Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-30.1 "Noncommercial Junkyard."
To bring your property into compliance with the Weld County Code:
The NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES,windows,barrels
and miscellaneous debris shall be removed, restored or completely SCREENED from all
adjacent properties and public rights-of-ways. (Please see definitions listed below)
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires, building materials and bottles.A NONCOMMERCIAL JUNKYARD
may also include the storage or keeping of DERELICT VEHICLES registered last or currently
registered under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-
way.
Mr. Barton
Page 2,VI-0600246
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; DERE LICT
VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or
obsolete as to make them unusable in their existing condition.
DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; is not registered with the State, as required by Section 42-3-103, C.R.S., or by
Section 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not
permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking
proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-
of-way or otherwise not equipped with lamps and other equipment as required in Sections 42-
4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm
tractors or vehicles customarily operated in a FARMING operation.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses.A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services.
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,
we have no discretion in this matter if you fail to correct this violation. You have 60 (sixty) days from
June 27, 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-0600246
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
460ftar„ Compliance Division
NORTH OFFICE
I918 10TH Street
WI P GREE LEY, CO 80631
Website: WWW.CO.WELD.00.US
Q E-mail Address: bsalzman C 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 16, 2006
MR. DELBERT BARTON
15028 LAMB AV
ARISTOCRAT RANCHETTES
FORT LUPTON, CO 80621
Subject: VI-0600246, Part of the SW4 of Section 27,T2N, R66W of the 6th P.M.,Weld County,Colorado
Dear Mr. Barton:
It has come to the attention of the Department of Planning Services' staff that the uses on your property may
not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance with the Weld
County Code is the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES,
windows, barrels and miscellaneous debris (please see definitions listed below).
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals, paper,
rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also
include the storage or keeping of DERELICT VEHICLES registered last or currently registered
under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; is not registered with the State, as required by Section 42-3-103, C.R.S.,or by Section
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment
to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not
equipped with lamps and other equipment as required in Sections 42-4-202 to 42-2-227, C.R.S.
This definition shall not include implements of husbandry, farm tractors or vehicles customarily
operated in a FARMING operation.
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.
SERVICE.TEAMWORK.INTEGRITY.QUALITY
Mr.Barton
Page 2,VI-0600246
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,
Bethany Salzma �(
Zoning Compliance Offi I
pc: VI-0600246
Department of Planning Services
SERVICE.TEAMWORK.INTEGRITY,QUALITY
O
,101$ Weld County Department of
Planning Services
Inspection Report
COLORADO 918 10'h St
Greeley, CO 80631
Date of Inspection: Lc— Z L 1p
Permit/Case No.: \r L " C 1,L .L..Zt 4 lG
Property Owner Name: h-k:Lif , On,
Address: \ `LJZi5 (`Ju Pc C
Upon a(visual)(err inspection of the property listed above, the following items
were noted:
•
if)
'OLk
Inspection by: Contact Name: c. (
Contact Phone Number: 970-353-6100, Ext. 3555
Copy of this inspection was: flailifiMiljegalsaidail
Pictures taken during inspection: ❑ Yes 'No
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R8244700 Parcel#: 130927300004
Tax Area: 2241 Bordering County:
Acres: 1.63
Townshp Range Section Quart. Sec. Subdivison Name Block# Lot#
02 - 66 - 27 - 3 - - —
Owners Name &Address: Property Address: •L /
BARTON DELBERT W Street: 15028 LAMB AV WELD ��
15028 LAMB AVE City: WELD / -' „,/,/
FT LUPTON, CO 80621
Business/Complex: _._ _.... _ ...._._.....
Sales Summary
Sale Date Sale Price Deed Type Reception #
7/22/2003 $0 DTHC 3118886
Legal Description
I PT SW4 27-2-66 BEG SW COR N1273.61' E30'TO POB E416' N171' W416' 5171' TO POB SITUS: 15028 LAMB AV WELD 0
Land Valuation Summary
Land T e Abst Code Unit of Number of Assessed
yp Measure Units Actual Value Value
Residential 1112 Acres 1.63
Land Subtotal: 1.63 $81,500 $6,490
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
1 Residential
Improvements Subtotal: $142,001 $11,300
Total Property Value $223,501 $17,790
Building Details
Account#: R8244700 Parcel#: 130927300004
Owners Name &Address: Property Address:
BARTON DELBERT W Street: 15028 LAMB AV WELD
15028 LAMB AVE City: WELD
FT LUPTON, CO 80621
B_uildin9# Property Type
1 Residential
Individual Built As Detail
Built As: Modular Year Built: 2000
Exterior: Frame Vinyl HVAC: Central Air to Air
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 06/13/2006
Identify Results Page 2 of 2
Interior Finish: Drywall Built As SQ Ft: 1680
# of Baths: 2 Roof Type: Gable
# of Bdrms: 3 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 7 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft: 896
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 06/13/2006
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DEPARTMENT OF PLANNING SERVICES
C
I Code Compliance Division 918 10th Street, Greeley, CO 80631
O Phone: (970) 353-6100, Ext. 354Q
Fax: (97O) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
lat ZONING CODE COMPLAINT Staff/Name:NjAre` n2 ❑ Citizen Mar:
C HEALTH DEPARTMENT Citizen's Name(If known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known)
❑ BUILDING CODE COMPLAINT
O PUBLIC WORKS/PEST& WEEDS �V
Date Complaint was received: S �" to �.c
Pending Case#(i.e. USR,RE, SE, ect...):
'Legal Description: is iN 'z1 Parcel#: ( CA' Tt—FrCC-
Violation Address: t1 M�.& r) Rv
] c 7
Property Owners Name: NeArcll l_� iVan Phone:
Property Owners Address: c a d1rinni r0 fp1 \
Tenant's Name: �t , Phone:
Tenant's Address:NATURE OF COMPLAINT: `►s d:Lq
Additional Notes: I
u�iii iiiii)1i iiiii
1 at 2 R 10.00 D 5.50 Weld County CO
393 WARRANTY DEED
THIS DEED, Made this 29th day of October . 1999,
between M. K. Mathews
to Documentary Fee
$
of the County of Weld and State of Colorado
grantor,and W. Charlene Barton and Delbert W. Barton
D
whose legal address is 313 Glen Ayre, Dac ono, Colorado 60514
of the County of Weld and State of Colorado ,grantees:
WITNESS,That the grantor.for and in consideration of the sum of FIFTY FIVE THOUSAND AND NO/100---
DOLLARS.($55,000.00 ),the receipt and
sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bar-
gain,sell.convey and confirm,unto the grantees,their heirs and assigns forever,not In tenancy In common but in joint tenancy,
all the real property together with improvements,if any,situate,lying and being in the County of Weld
and State of Colorado.described as follows:
See Description attached hereto and made a part hereof.
also known by street and number as Vacant Land, Fort Lupton, Colorado 80621
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
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 soevcr, except for taxes for the current year,a lien hut not yet due
and payable,easements,restrictions,reservations,covenants 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 posses-
sion 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 WIIfTNNESSSWHHEEERRE�OF.the grantor has executed this deed on the date set forth above.
/illl•at e _
M. K. Mathews
STATE OF COLORADO
as.
COUNTY OF ADAMS
ilvYrgif�j� nt was acknowledged before me this 29th day of October , 1999,by
-.•ELdTt�
(tiLucERo .: )
29, 2002 _____c__'
�•'•. •:'� Notary Public
4 '• --- P Se a ' Lucero
OF rnt0
WARRANTY DEED(to Joint Tenant.)Manrraol RD*U057894A99
111111111111111111111111!1111111111 MIT 11111111111111
2730393 11/02/1999 03:17P JA Sukl Tsukamoto
2 of 2 R 10.00 0 6.60 Weld County CO
Vacant Land
LEGAL DESCRIPTION OF DEED DATED
October 29, 1999
That part of the Southwest Quarter of Section 27, Township 2 North, Range 66
West of the 6th P.M., Weld County, Colorado nescribed as:
Commencing at the Southwest corner of said Section 27:
Thence N0'00'00' E, a distance of 1273.61 feet along the West line of said
Section. 27 and the boundary of Aristocrat Ranchettes Second Filing:
Thence N90°00'00° E, a distance of 30.00 feet along said boundary of
Aristocrat Ranchettes Second Filing to the Northwest
corner of Tract 11 of said Aristocrat Ranchettes Second Filing
and the Point of Beginning;
Thence continuing N 90'00'00° E, a distance of 416.00 feet along said
boundary of Aristocrat Ranchettes Second Filing to the Northeast corner of
said Tract 11;
Thence N 0'00'00" E, a distance of 171.00 feet along said boundary of
Aristocrat Ranchettes Second Filing to the West extension of the South
Right-of-way of Lamb Avenue:
Thence N 90'00'00" W, a distance of 416.00 feet along said Westerly extension
to a line that is parallel with and 30.0 feet East (measured at a right angle)
. of the West line of said Section 27:
Thence S 0'00'00" E, a distance of 171.00 feet along said line to the Point
of Beginning,
County of Weld, State of Colorado
FIeY UO57894A99
SUPPLEMENTAL AFFIDAVIT
%
STATE OF COLORADO
fn2- ) ss.
COUNTY OF ca- Lt )
�OSSI being first duly sworn, deposes and says that he/she Is of legal
age and hag personrtowledge of the fact that W. CHARLENE BARTON is the same person as WILMA
CHARLENE BARTON teferred to in the copy of the Death Certificate, certified to by the State Registrar of Vital
Statistics of the State of COLORADO on JULY 23,2003 and was at the time of her death on JULY 22, 2003, the
owner in joint tenancy with OELBERT W. BARTON of the following described property situate in the County of
pptigatatn and State of Colorado, to-wit:
t(C^ See Exhibit A attached hereto and made a part hereof,
•
• 74\•
•
and that uffiant has no record interest in said real property.
•
Signature of.&( fiant
Type or Print ame
. .Subscribed and sworn to before me dus �( day of NOVEMBER,2003.
�. W ithSss any hand and official seal.
131- Qcc. /-
o 87,4 c' ntnusston •expires: K'
0 ••:', ilf-"((-(re 4'(ireC/
Notary Public
•
1111111 11111 1111 1111111 11 1111 112 11 11111111111
3132937 12/05/2003 03:47P Weld County, CO
1 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder
MIME" Ifll 111111111111
3132937 12/05/2003 03:47P Weld County, CO
2 of 3 R 16.00 0 0.00 Steve Moreno Clerk& Recorder
Exhibit A
A PART OF THE SOUTHWEST QUARTER OF SECTION 27,TOWNSHIP 2 NORTH,RANGE 66 WEST OF THE 6TH
P.M.,WELD COUNTY,COLORADO DESCRIBED AS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27; THENCE N0°00'00"E,A DISTANCE OF
1273.61 FEET ALONG THE WEST LINE OF SAID SECTION 27 AND THE BOUNDARY OF ARISTOCRAT
RANCHETTES SECOND FILING; THENCE N90°00'00" E,A DISTANCE OF 30.00 FEET ALONG THE SAID
BOUNDARY OF ARISTOCRATE RANCHETTES SECOND FILING TO THE NORTHWEST CORNER OF TRACT 11 OF
SAID ARISTOCRATE RANCHETTES SECOND FILING AND THE POINT OF BEGINNING; THENCE CONTINUING
N90°00'00" E,A DISTANCE OF 416.00 FEET ALONG SAID BOUNDARY OF ARISTOCRAT RANCHETTES SECOND
FILING TO THE NORTHEAST CORNER OF SAID TRACT 11; THENCE N0°00'00" E,A DISTANCE OF 171.00 FEET
ALONG SAID BOUNDARY OF ARISTOCRAT RANCHETTES SECOND FILING TO THE WEST EXTENSION OF THE
SOUTH RIGHT-OF-WAY OF LAMB AVENUE;THENCE N90°00'00" W,A DISTANCE OF 416.00 FEET ALONG SAID
WESTERLY EXTENSION TO A LINE THAT IS PARALLEL WITH AND 30.0 FEET EAST(MEASURED AT A RIGHT
ANGLE) OF THE WEST LINE OF SAID SECTION 27;THENCE S0°00'00" E,A DISTANCE OF 171.00 FEET ALONG
SAID LINE TO THE POINT OF BEGINNING,COUNTY OF WELD,STATE OF COLORADO.
i � �� Ftt Syr Y� v,,, Try �a T( Y e -.-
• TIFICATI•N •F VIT L EC•R e ate I
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i =IC t.rct[icMl'B MAME (R,{IMa lay 2S= 9.DATE OF DEATHMa•T Day.Y�1 IN 9
S
Wilma Charlene BARYON Female July 22, 2003 o- `
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Y4 FACILITY NAME Ilml tifM,p.m meet and nab*) - (t CITY,=WIC OR LOCATON OF DEATH IA COUCHOP DEATH -=0
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