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Home My WebLink About20062798.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST EVERETT AND ANNA MOTZ, HATCH JACOBS,C/O JILL JACOBS, AND SEDGWICK CONSULTING GROUP,LLC,CIO SARAH SPENCER-WORKMAN 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, Everett and Anna Motz, Hatch Jacobs, c/o Jill Jacobs, and Sedgwick Consulting Group, LLC, c/o Sarah Spencer-Workman, VI #0300290, 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 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,Amanda Holstead, representative, and Sylvia Jefferson, tenant, were 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 December 10, 2006, to allow adequate time for the property owners to remove the remaining commercial vehicles and storage from this site 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 #0300290 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Everett and Anna Motz, Hatch Jacobs, c/o Jill Jacobs, and Sedgwick Consulting Group, LLC, c/o Sarah Spencer-Workman 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 December 10, 2006, to allow adequate time for the property owners to remove the remaining commercial vehicles and storage to bring the subject • property into compliance. 2006-2798 �{ PL0824 CC''- PL, I//ac_.1 E /PJ --.2S -O6 VIOLATIONS - VI #0300290 - EVERETT AND ANNA MOTZ, HATCH JACOBS, CIO JILL JACOBS, AND SEDGWICK CONSULTING GROUP, LLC, C/O SARAH SPENCER- WORKMAN 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 OUNTY COMMISSIONERS WELD CO .' TY, COLORADO ATTEST: Mild ale, Chair Weld County Clerk to the B\ 1. id E. Long, Pro-Tem Dept Clerk t the Board William H. Jerke OV AS TO F EXCUSED Robert D. Masden o my Atto CUSED Glenn Vaad Date of signature: ?0IZC ItX° 2006-2798 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Everett&Anna Motz Attorney: Hatch Jacobs c/o Jill Jacobs Consultant: Sedgwick Consulting Group, LLC c/o Sarah Spencer-Workman Violation: VI-0300290 Address: 10167 CR 13, Longmont, CO 80504-9449 Attorney Address: 950 17'"St, Ste 1700, Denver, CO 80202 Consultant Address: 8547 E Arapahoe Rd, Unit J-430, Greenwood Village, CO 80112 Legal: Part of the E2SE4 of Section 12, T2N, R68W pf the 6'h P.M., Weld County, Colorado Location: West of and adjacent to CR 13 and about Y mile North of CR 22 North: Firestone South: Firestone and Approximately 1/2 mile North of Frederick East: Firestone West: Firestone and a 6,000 head dairy Parcel Number: 1313-12-0-00-045 Acreage: 10.75 +/-Acres Certified mail date: December 9, 2005 Received: December 19, 2005 September 5, 2006 September 7, 2006 (attorney) September 5, 2006 September 8, 2006 (consultant) 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, 23-3-40 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. ► The"Commercial Vehicles"and storage shall be removed 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 September 24, 2003 Initial complaint received. 2006-2798 Motz Page 2,VI-0300290 September 24, 2003 Initial inspection completed. October 16, 2003 Five day compliance encouragement letter issued. October 23, 2003 Violation letter issued. October 24, 2003 Anna Motz called to discuss letter. October 31, 2003 Follow-up letter sent to property owner. November 24, 2003 Received letter from Anna Motz indicating 1 (one)"Commercial Vehicle"to remain on site. July 29, 2005 Property inspected. Property remains in violation. August 1, 2005 Violation letter re-issued. August 10, 2005 Anna Motz went to the SW Weld Office and was given a USR application. September 14, 2005 Violation letter re-issued. Granted additional 30 day extension. October 17, 2005 Received letter from Jill Jacobs (Consultant). October 24, 2005 Jacqueline Hatch sent response letter to letter dated 101705. November 3, 2005 Violation letter re-issued. Granted additional 30 day extension. December 9, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. February 13, 2006 USR-1550 application was submitted. May 16, 2006 Planning Commission heard USR-1550 and forwarded case to the Board of County Commissioners with their recommendation of denial. June 16, 2006 Formally withdrew USR-1550. September 5, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. September 22, 2006 Spoke to Jill Jacobs (attorney) regarding Violation Hearing. er. L2. LUUb J : 46FM HAICHJACOBSLLC NO. 014 F. HATCH JACOBS LLC ATTORNEYS AND COUNSELORS AT LAW 950 SEVENTEENTH STREET, SUITE 1700 DENVER, COLORADO 80202 TELEPHONE 303.298-1800 FAX 303-298-1804 FACSIMILE COVER SHEET DATE: GI /2 2 /ern TO: f TNAtVI PL- Mc k FAX NO.: 01C'3 - , - CmLP F-1 FROM; ❑ Robert W.Hatch, H,Esq. Jill M. Jacobs,Esq. ❑ Gary A. Horton,Esq ❑ Mary M. Maikoetter,Esq. ❑ Amanda H.Halstead, Esq. o Troy A.Sandber g,Esq. Cl Harvey L. Kramer,Esq. ❑ Brian T. Ray,Esq. • ❑ Daniel L. Bray,Law Clerk ❑ Katrina M. Fallon, Office Administrator ❑ Colleen S. Cambron,Paralegal 0 Kimberly L.Berridge,Paralegal n Jessica L. Tindall,Paralegal ❑ Shannon K. White,Paralegal CLIENT No.: kit-I NUMBER OF PAGES: a (Including this page) MESSAGE: 'IF THERE WAS A PROBLEM WITH THE TRANSMISSION, OR'YOU DID NOT RECEIVE ALL THE PAGES, PLEASE CONTACT SHANNON OR JESSICA A.T (303) 298-1800. THE INFORMATION CONTAINED IN THIS FACSIMILE IS ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL INFORMATION WHICH IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAME ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR REPRODUCTION OF THIS COMMUNICATION IS STRICTLY PROHIBITED, IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE CONTACT HATCH JACOBS AND DESTROY ALL COPIES OF THIS FAX IMMEDIATELY. THANK YOU. SL�. 22. 2006 3: 47PM HATCHJACOBSLLC NO 014 F 2 HATCH JACOBS LLC ATTORNEYS AT LAW 950 SEVENTEENTH STREET, SUITE 1700• DENVER, COLORADO 80202 JILL M.JACOBS TELEPHON ,303-298-1800 bacobs@hatchlaa vers.com FACSIMILE:303.298-1804 September 22, 2006 VIA FACSIMILE (970) 304-6498 AND U.S. MAIL Bethany Salzman Zoning Compliance Officer Department of Planning Services Compliance Division, North Office 918 10th Street Greeley, Colorado 80631 Re: Anna Motz, VI-0300290, Part of the E2SE4 of Section 12, T2N, R6SW of the 6th P.M., Weld County, Colorado (the "Property') Dear Ms. Salzman: As you will recall, this law firm represents Anna Motz, the owner of the above- referenced Property. During our telephone conversation today, I explained that the caisson company formerly located on the Property has finally found a new property on which to relocate its equipment and materials. They are currently cleaning, organizing, and getting ready to load their equipment and other items for removal from the Property. While Ms. Motz believes that a substantial amount of the equipment will be removed by October 9th, it is possible that the fill scale removal may take an extra few weeks. Because the equipment in question does not belong to Ms. Motz, she is relying on the promises of the caisson company to move the large and heavy equipment as quickly as possible. Ms. Motz has spent substantial time, money and resources in an effort to resolve the County's concerns. She will continue to act in good faith to come into compliance with the County's requests. I understand that you will make a recommendation to the Board to hold off on legal action for an additional thirty (30) days through November 9, 2006. Ms. Motz is hopeful that the short extension will cause all remaining issues to be permanently resolved. HnDocuments\RWH A-N/1\1.4-1114 Motz,Everett and Anna\ooiaalzman.l2.doc 22. 2006 3: 47PM HATCHJACOBSLLC N0. 014 P. 3 Betbeny Salzman HATCH JACOBS T.t,C September 22,2006 Page Ewe A'I'LO3tL79Y$AT LAW In the event that my understanding is incorrect for any reason, please advise immediately. I appreciate your kind assistance with this matter. Very truly yours, HATCH JACOBS LLC By: J /Q .-" . Jill Ivf. Jacobs cc: Ms. Anna Motz Ms. Sarah Spencer Workman via telefax (303) 699-6564 a DEPARTMENT OF PLANNING SERVICES (71: Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 I Website: WWW.CO.WELD.CO.US C E-mail Address: bsalzman a(�co.weld.co.us 4 PHONE: (970) 353-61 00, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 September 5, 2006 MR. & MRS. EVERETT MOTZ 10167 CR 13 LONGMONT, CO 80504-9449 HATCH JACOBS ATTN: JILL JACOBS 950 17TH ST SUITE 1700 DENVER, CO 80202 SEDGWICK CONSULTING GROUP ATTN: SARAH SPENCER-WORKMAN 8547 E ARAPAHOE RD #J-430 GREENWOOD VILLAGE, CO 80112 Subject: VI-0300290, Part of the E2SE4 of Section 12, T2N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Motz: 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 111, 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 23-3-40 "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.' Ms.Metz Page 2,VI-0300290 To bring the property into compliance: It is my understanding that you have chosen to withdraw your Use by Special Review application (USR-1550). In order to avoid the above referenced Violation Hearing, all commercial storage shall be removed from the property. Furthermore, any remaining derelict vehicles shall be screened from all adjacent properties and public rights-of-ways. If you feel that you have brought this property into compliance prior to October gth, please call me to schedule an on-site final inspection. If the property is in compliance, the above referenced Violation Hearing will be cancelled. 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. Sncerely, Ih- 't ackt3 Bethany Salzma Compliance Officer II pc: VI-0300290 Sarah Spencer-Workman also via fax Department of Planning Services Bruce Barker, County Attorney U.S.Postal Service.,., o CERTIFIED MAIL', RECEIPT ru (Domestic Mail Only;No Insurance Coverage Provided) cr r •elivery int.rmati•n visit•ur we•site at www.us s c Ph L(7 x• - fl m,. e._. Postage ra O Certified Fee Postmark O emtRequired) Fee Return ee Here (Endorsement F Restricted Delivery Fee - '� (Endorsement Required) a p Total Postage&Fees $ O [Sera To re.....L__MRS. EVERETT MOTZ Street.Apt No.; or PO Box No. Ity.State.21P..a4��'Z CR 13 O 1 LONGMONT CO 80504-9449 .PSForm3B00.June 2002 See Reverse for Instructions U.S.Postal Service,,., 0 m s CERTIFIED MAIL,., RECEIPT m �'..... d G d ru (Domestic Mail Only;No Insurance Coverage Provided) o o a�0 0 2 0 N for delivery information visit our website at www.usps.com.; • o r` ° T mr r (J E 3 — m 18 RI ill I 3- O' aCr Postage $ : H • E a■1F v1 n « to m co Certified Fee • a r 2 2 u� 2 (J rTt O • m m Ll O Return Receipt Fee Postmark Her U \ , Z ❑ ❑ ❑ S (Endorsement Required) Here w r - ≥ o Restricted Delivery Fee ),n 4 e O (Endorsement Required) L $25. p $ m y� p rl L �' 8 ti a L - O Total Postage&Fees $ W co > 2 ? vii c Er) a o, —1), o y 2 ¢ c O .m O Sent To m ix 0 >_ -' m ❑ ❑ ¢ J3 2 O HATCH JACOBS ATTN: JILL JACOBS I o d X 0 , d E ei< _ v H E Street Apt No.; :�. o ig or PO Box No, 950 11TH ST SUITE 1700 . u-} City,State,ZIP.O m LL. = lyrt o v DENVER CO 80202 0 0 O ° no ti r m PSform 3800.June 2002 See Reverse for Instructions N y t+hl B d m a .� a 2 fl.!'m ti• ohm ° E Oit'" ` s ° N« > d U w at C «O« O I. 1 I , ate, r°�Eo � a �v C C 0 N E M N{L1 U ca U O O n MT) to m ° H o z` O c:, 0 J y$ w o . 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RECEIPT <\X a ca >a a'a 0 E MI (Domestic Mail Only;No Insurance Coverage Provided) 0 V p LU rrq ¢ M1 Tor delivery information visit our website at www.usps.com, 0 ai on LLLs_ CV trl s u , m m d •c o r... s`� rR O E ,.. r �W. , n a p— = >_ O Yo 0 8 Postage $ r E t a m — r... tt ra e c°i 0 i.E0 w 'va't+^'` CI O Certified Fee y C 2« • 9c.- ,. , is O Return Receipt Fee Postmark a q N a p« Ss- 4:7"1 (Endorsement Required) Here 0) 8-6 N` V O O Restricted Delivery Fee _ a O t n 5. �— Q _ N (Endorsement Required) ' a'.& -• 0a, O N 41 g rR F N'Op 0 E« a h W N Total Postage 8 Fees $ , N Fs "O rn b e 2 Lfl m N N N ei C d O a co O lL 0 Sent To d o ° 0 O 8 OHO v ea i4 E-I A M1 SEDGWICK CONSULTING GROUP ATTN: $ j-jJ y @ E T �$rreeL Apt.No.: °?¢ 5 3 r m a ti ~ N • § g ro ICrPO9oxNo. 8547 E ARAPAHOE RD IJ- N" o«"L a a1 z t`') 4 Q SPENC F w i.v r ca u 0 x .. .- w m .s E l ar,,scare.ziP.e . E E c « m o MC-) z 5 •o c GREENWOOD VILLAGE CO 80112 Z ci co LT. Q� HFOZ N LL 6 Q N �. CI) P.SSFerm38W..lune'2002 'See fieverse.for In®tructiorrs. SEP-01-2006 FRI 02:38 PM SOUTHWEST WELD PLANNING FAX NO. 72n 652 4211 P. 01 FAX TRANSMISSION ‘eIy Southwest Weld County Department of Planning Services 4209 CR 24.5, Longmont, CO 80504 O Fax: 720-652-4211 COLORADO Phone: 720-652-4210, ext. 8730 To: 1561'i>« ^"7 Date: c1 '1 lo C Fax: 3 S`fN Pages: Z Phone: From: f I- \ ` fkc..tool-- Subject: /Via —it_ COMMENTS: CONFIDENTIAL • This facsimile is intended only 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 any 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. SEP-01-2006 FRI 02:38 PM SOUTHWEST WELD PLANNING FAX NO. 72g. 652 4211 P. 02 Jacqueline Hatch From: Jacqueline Hatch Sent: Friday, June 16, 2006 3:56 PM To: 'sarah@whizzer.com' Subject: RE:Anna Motz Withdrawal Sarah, I have received the letter from Evergreen Caissons Inc and have spoken with Bethany our Zoning Compliance officer and with Sylvia with Evergreen Caissons Inc in regards to the timeline. It has been determined that 90 days will be granted to remove the material from the site. If you have any questions please feel free to contact myself or Bethany in our office. Bethany will be sending out a letter regarding this probably next week. Thanks, Jacqueline original Message From: sarah®whizzer.com [mailto:sarah®whizzer.coml sent : Friday, June 16, 2006 12 :17 PM To: Jacqueline Hatch Subject ; Anna Metz withdrawal Jacqueline: Anna Mote will be delivering a letter requesting the withdrawal of her application today- USR 1550- (Friday, 6/15/06) to the SW Planning office. Please notify me when you have received this letter and if we need to do anythinc further as part of the withdrawal process. Thank you for your time, Sarah Spencer-Workman 1 JUN-16-2006 FRI 03: 15 PM SOUTHWEST WELD PLANNING FAX NO. 79^ 352 4211 P. 01 • EVERGREEN CAISSONS, INC. 735 Clarkson Street • Denver. CO 8021e (303) 839-1809 Fax No. (303)839.1841 - June 16, 2006 Attn: Jacqueline hatch Weld County Department of Planning Services SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 720-652-4210 Ext. 8730 Fax: 720-652-4211 Dear Jacqueline, I would like to take this opportunity to withdraw the application USR 1550 from the Weld County Planning Department's USE.process. As part of this withdrawal request, we will remove our business and storage of all elements and materials owned by us from its current location at 10167 Weld County ltd,13.As a local business, we have been diligently searching for a location to operate our storage yard and respectfully request that we be granted 120 days to remove all of our materials from this site as of the daze of this letter. Thank you for your attention to this mate, and for-punning thisa:- Sincerely, SylviY. Atencio-Jesperson AIL:iMotz Cc: Stile lict.rre:•.IS o;:anan, Sedgwick Consulting Group Shop Address& Phone: 140 West 14" Street• Fort Lupton, CO 80621 • (303) 857-8123 855-± 2001200 d VSS-i, ♦ SN0SSIV0 N33a939A3-V10d: INV20 H 9002-9I-N0r 0 Kit Weld County Referral 111k. February 14, 2006 COLORADO • The Weld County Department of Planning Services has received the following item for review: Applicant Anna Matz Case Number USR-1550 Please Reply By March 15, 2006 Planner Jacqueline Hatch Project A Site Specific Development Plan and Special Review Permit for an outdoor storage area (storage of equipment, tools and materials) in the A (Agricultural) Zone District. Legal Part of the E2 SE4 of Section 12, T2N, R68W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 13; approximately 1/4 mile north of CR 22. Parcel Number 1313 12 000045 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) April 18, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: c 7(XV'td Signature ?i j) } \LT\ Date ,3- f ` L-• Agency 7m.-tr(r. C.. i 1 irX 1'C +Weld County Planning Dept. +4209 CR 24.5, Longmont, CO 80504 •:720)652-4210 ext.8730 '•(720)652-4211 fax th MEMORANDUM COLORADO To: Jacqueline Hatch, Planner II February 17, 2006 From: Bethany Salzman, Zoning Compliance Officer II Subject: USR-1550 Referral Upon review of my case files and computer, an active Zoning Violation (VI-0300290) was noted. This violation was initiated due to the storage of commercial equipment and commercial junkyard. This violation has not been presented to the Board of County Commissioners. This application if approved, will correct the violation. If for any reason, this application is denied, should be referred to the County Attorney's Office for legal action. SERVICE,TEAMWORK,INTEGRITY.QUALITY 0 0 1j 4 Weld County Department of Planning Services Inspection Report COLORADO 918 10`° St Greeley, CO 80631 Date of Inspection: O Permit/Case No.: V-L- D o y U Property Owner Name: \ C C 1 Address: \ DA(.071 L , Upon a(visual)(_.)inspection of the property listed above,the following items were noted: U611e4-Thr(-\MIStSt ntida: Inspection by: .--V-5-')Contact Name: _ 61.3kitin Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspection was: Pictures taken during inspection: .Yes ❑No DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 9 18 10TH Street GREELEY, CO 80631 I Website: WWW.CO.WELD.CO.US C E-mail Address: bsalzman( co.weld.co.us Q PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 December 9, 2005 MR. & MRS. EVERETT MOTZ 10167 CR 13 LONGMONT, CO 80504-9449 HATCH JACOBS ATTN: JILL JACOBS 950 17TH ST SUITE 1700 DENVER, CO 80202 Subject: VI-0300290, Part of the E2SE4 of Section 12, T2N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Motz: 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 14,2005,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 23-3-40 "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." To bring the property into compliance: It is my understanding that Firestone is determining whether they will require annexation at this time or sometime in the future. If they choose to annex now, please provide me with proof that the annexation application has been completed and submitted to the Town of Firestone. If they choose to annex in the future,an annexation agreement and a Use by Special application shall be completed and submitted to the Department of Planning Mr.&Mrs.Matz Page 2,VI-0300290 Services. For questions, I recommend that 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. It is my understanding that you have already vacated the camper-trailer as a dwelling unit, by removal of the front porch, disconnecting all utilities and ensuring that no one occupies the unit at any given time, unless located at an approved camping ground. 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 Salzmann Zoning Compliance Officer II pc: VI-0300290 Department of Planning Services Bruce Barker, County Attorney U.S. Postal Service., • S CERTIFIED MAILTM RECEIPT sR (Domestic Mail Only;No Insurance Coverage Provided) s for delivery information visit our website at www.usps.comn, Q" O M1 u-1 Postage $ m D Certified Fee O Return Receipt Fee 1 (Endorsement Postmark Required) Here D Restricted Delivery Fee (Endorsement Required) • ru nJ Total Postage&Fees �$ D I Sent To p ,MR. & MRS. EVERETT MOTZ Street Apt.No.. . !°1-PC'BoxNc 10167 CR 13 Gin.State.ZIP+- LONGMONT CO 0 04- SENSE': C�M'LETE THIS SECTI•N C•M•LETE THIS SECT/W •N•ELIVE•Y ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. El Agent • Print your name and address on the reverse X ;✓ � ❑Addressee so that we can return the card to you. le Attach this card to the back of the mailpiece, B. Received by(Footed Name) C. �a .of De ery or on the front if space permits. i� r D. Is delivery address different from Item 14 ■ Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No MR. & MRS. EVERETT MOTZ 10167 CR 13 LONGMONT, CO 80504-9449 3. Service Type XXEZDtertitied Mail ❑ Express Mail 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mall 0 C.O.D. _ T '�� 4. Restricted Delivery?(EMra Fee) ❑yes 2. Article Number 7p[14 2890 pp 3 57 4169 .._, (T sferfTsFrgcelab�„I,1I...,l ',�1,,.,11., h�..,L11 ll.l. �ll... .�.l1 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 p DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 WI I Website: WWW.CO.WELD.CO.US 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) 652-4210, Ext. 8730 FAX: (72O) 652-4211 WELD COUNTY • ZONING VIOLATION NOTICE November 3, 2005 MR. & MRS. EVERETT MOTZ 10167 CR 13 LONGMONT, CO 80504-9449 HATCH JACOBS ATTN: JILL JACOBS 950 17TH ST SUITE 1700 DENVER, CO 80202 Subject: VI-0300290, Part of the E2SE4 of Section 12, T2N, R68W of the 6'" P.M., Weld County, Colorado Dear Mr. & Mrs. Motz: 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 23-3-40 "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." To bring your property into compliance with the Weld County Code: I have been in contact with your attorney and agreed to their request for some additional time to proceed towards correcting all outstanding violations. As I have previously advised, for questions regarding the Use by Special Review application, I recommend you or your Mr.8 Mrs.Matz Page 2,Vl-0300290 representative 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.-1 1:30 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. Additionally,the camper-trailer shall be abated as a dwelling unit, including,but not limited to, the front porch shall be removed,disconnected from all utilities and not occupied at any given time, unless located at an approved camping ground. The Weld County Code does not make provisions for the utilization of this type of vehicle on a property as a dwelling unit, unless it is temporarily permitted as a"temporary during construction"(of a Principle Dwelling Unit). 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 November 2, 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, fp MrI Bethany Salzman p 0 Zoning Compliance Officer pc: VI-0300290 Department of Planning Services Bruce Barker, County Attorney • DEPARTMENT OF PLANNING SERVICES (ic 6 Planning Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 jhatch@co.weld.co.us us PHONE: (970) 353-6100, Ext. 3540 W FAX: (970) 304-6498 SOUTHWEST OFFICE 4209 4 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 October 24, 2005 Jill Jacobs Hatch Jacobs LLC 950 Seventeenth Street, Suite 1700 Denver, CO 80202 RE: Anna Motz, VI-0300290, Part of E2SE4 of Section 12, T2N, R68W of the 6`" P.M., Weld County, Colorado. Parcel number 1313 12 000045 Dear Ms. Jacobs: The Department of Planning Services has received the letter dated October 14, 2005 regarding Anna Motz's property located West of and adjacent to County Road 13 and approximately % mile North of County Road 22. As stated in the letter Ms. Motz is requesting that four of her ten acres be zoned for commercial use. Ms. Motz would like to park 8-12 commercial vehicles on her property; store drill bits, metal pipe, rebar, and forms on site, and provide for the loading and unloading of items onto the commercial vehicles with a crane. The Department of Planning Services would recommend that Ms. Motz apply for a Use by Special Review on the four acres. The site is located within the Inter Governmental Area (IGA) for the Town of Firestone. Section 19-2-60 of the Weld County Code states that the County will refer all proposals for development within the IGA area to the municipalities for review and recommendations. The Department of Planning Services has provided Ms. Motz with a Notice of Inquiry to bring to the Town of Firestone regarding her proposal. It is staff's understanding the Town of Firestone wishes to annex Ms. Motz's property. If the case proceeds through the County process the Department of Planning Services would be in support of the Town of Firestones recommendation and would recommend denial of the application to the Planning Commission. If Ms. Motz desires the Department of Planning Services can fill out a new Notice of Inquiry for Ms. Motz to the bring to the Town of Firestone. The Town of Firestone may respond on the Notice of Inquiry that Ms. Motz should process through the County but still apply for annexation agreement with the municipality. In that scenario the Department of Planning Services would process the application and could not state at this time if the recommendation to the Planning Commission would be for approval or denial until staff has had the opportunity to review the application, referral entities comments, and possible correspondence from surrounding property owners. Please contact me at (970) 353-6100 x 3540 if you have any further questions. Sincerely, Jacqueline Hatch Planner II Weld County Planning Department GREELEY OFFICE HATCH JACOBS LLC OCT 1 7 2005 ATTORNEYS AT LAW RECEIVEfNTEENTH STREET, SUITE 1700 • DENVER, COLORADO 80202 JILL M. JACOBS TELEPHONE: 303-298-1800 yiacobs(cthatchlaw'vers.com FACSIMILE:303-298-1804 October 14, 2005 VIA FACSIMILE (970) 304-6498 AND U.S. MAIL Bethany Salzman Zoning Compliance Officer Department of Planning Services Compliance Division, North Office 918 lOh Street Greeley, Colorado 80631 Re: Anna Motz, VI-0300290, Part of the E2SE4 of Section 12, T2N, R68W of the 6th P.M., Weld County, Colorado (the "Property") Dear Ms. Salzman: This law firm represents Anna Motz, the owner of the above- referenced Property. The purpose of this letter is to respond to the Weld County Zoning Violation Notice dated September 14, 2005 (the "Notice"). As you may know, Ms. Motz has resided at the Property since 1968, and she was widowed approximately eleven years ago. Throughout the last 37 years, Ms. Motz and her late husband have utilized the Property for various personal and business pursuits, without comment from the county or neighbors. Accordingly, it has been somewhat stressful for Ms. Motz to receive inspections and notices from your office. That being said, our client has been diligently seeking to comply with Weld County's requests. To that end, be advised that the camper-trailer will not be occupied at any time, and the front porch has been removed. (The camper-trailer has never been connected to utilities.) In addition, Ms. Motz's son is in the process of removing the vehicles that you have described as "derelict" and barrels. Approximately half of the vehicles have been removed, and Ms. Motz anticipates that the remaining vehicles will be removed over the next five to six weeks. As such, I am hopeful that you will grant an extension of time through November 28, 2005 to complete this process. H:\Documents\RWH A-MU4-1114\001 salzman.I l.doc HATCH JACOBS I,I,C ATTORNEYS AT LAW Lastly, after carefully considering the cost and time associated with the filing of a request for Use by Special Review, my client has determined that she would like to file such an application, provided the County is inclined to grant such a request. Specifically, Ms. Motz would be requesting that four of her ten acres be zoned for commercial use. Ms. Motz would like to park 8-12 commercial vehicles on her Property; store drill bits, a metal pipe, rebars, and forms on site, and provide for the loading and unloading of items onto the commercial vehicles with a crane. If you believe that this use is unlikely to receive approval from your office, please let me know immediately, so that my client can reassess her options. Otherwise, I will begin to process the Use by Special Review form. In order to complete this process, I would request a six week extension of time to November 28, 2005. Thank you for your assistance and your willingness to answer questions on Ms. Motz's behalf. I look forward to hearing from you in response to the requests above. Very truly yours, HATCH JACOBS LLC 7 Jill M( Jacobs cc: Ms. Anna Motz H:\Documents\RWH A-M\M-I 114\00l salzman.l l.doc a DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 ' Website: WWW.CO.WELD.CO.US E-mail Address: bsalzmanco.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 September 14, 2005 MR. & MRS. EVERETT MOTZ 10167 CR 13 LONGMONT, CO 80504-9449 HATCH JACOBS ATTN: JILL JACOBS • 950 17TH ST SUITE 1700 DENVER, CO 80202 Subject: VI-0300290, Part of the E2SE4 of Section 12, T2N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Motz: 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 23-3-40 "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." To bring your property into compliance with the Weld County Code: I have been in contact with your attorney and agreed to their request for some additional time to proceed towards correcting all outstanding violations. As I have previously advised, for questions regarding the Use by Special Review application, I recommend you or your Mr.&Mrs.Mott Page 2,VI-0300290 representative 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.- 1 1:30 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. Additionally, the camper-trailer shall be abated as a dwelling unit, including,but not limited to, the front porch shall be removed,disconnected from all utilities and not occupied at any given time, unless located at an approved camping ground. The Weld County Code does not make provisions for the utilization of this type of vehicle on a property as a dwelling unit, unless it is temporarily permitted as a"temporary during construction"(of a Principle Dwelling Unit). 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 14, 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, e-Sq..tratOapyin Bethany Salzman Zoning Compliance Officer pc: VI-0300290 Department of Planning Services Bruce Barker, County Attorney Page 1 of 1 V S"OYJ?QO Bethany Salzman From: Jacqueline Hatch Sent: Wednesday, August 10, 2005 1:23 PM To: Bethany Salzman Subject: motz Anna Motz just came in and picked up an IGA for Firestone and a USR packet. I will keep you posted. 08/10/2005 DEPARTMENT OF PLANNING SERVICES Compliance Division y NORTH OFFICE 918 10TH Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman(a�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) 652421O, Ext. 8730 FAX: (72O) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE August 1, 2005 MR. & MRS. EVERETT MOTZ 10167 CR 13 LONGMONT, CO 80504-9449 Subject: VI-0300290, Part of the E2SE4 of Section 12, T2N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Motz: 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 23-3-40 "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." To bring your property into compliance with the Weld County Code: In a letter dated November 20, 2003, you indicated that you would be proceeding with a "Home Occupation"and would be reducing to 1 commercial vehicle. However, during a site inspection conducted on July 29, 2005, I noted several commercial vehicles. I also noted derelict vehicles and barrels and a camper-trailer being utilized as a dwelling unit. Upon research of my case files and computer, I have been unable to locate evidence that staff was Mr.&Mrs.Metz Page 2,VI.0300290 ever in receipt of your Home Occupation Application. Based upon my current inspection report, this application would not assist you anyway. In fact to determine your best route to correct your violations, 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. Additionally,the camper-trailer shall be abated as a dwelling unit, including, but not limited to, the front porch shall be removed,disconnected from all utilities and not occupied at any given time, unless located at an approved camping ground. The Weld County Code does not make provisions for the utilization of this type of vehicle on a property as a dwelling unit, unless it is temporarily permitted as a"temporary during construction"(of a Principle Dwelling Unit). My records indicate that you have been aware of this violation since October 2003;therefore, this violation will be rapidly pursued. 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 August 1, 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, v Bethany Salzman Zoning Compliance Officer pc: VI-0300290 Department of Planning Services Bruce Barker, County Attorney Kri I • T W ,* Weld County Department of M1 Planning Services WIID p.. Inspection Report COLORADO 918 10`° St � Greeley, CO 80631 Date of Inspection r y 1'Z l- ` , Permit/Case No.: lir / Q3Z,k� Property Owner Name: 1 \T.tj lottNei Q.tt- f n Address: 1CJU'I C - t'3 Upon a(visual)(arwlk)inspection of the property listed above,the following items were noted: Ctmmem ve9&c E.4 hoc veru(AU] 'P"-fir re.S,. Inspection by: e.?"0 Contact Name NAne;tgr) Contact Phone Number:970-353-6100,Ext. 3555 Copy of this inspection was: 0 Left on Site Mailed on: $' Pictures taken during inspection: 0 Yes X1No November 20, 2003 Bethany Salzman Zoning Compliance Officer Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Subject: VI-0300290,Part of the E2SE4 of Section 12, T2N, R68W of the 6th P.M., Weld County, Colorado Dear Ms. Salzman After reviewing the compliance options outlined in your letter dated October 31, 2003, I have decided to apply for a Home Occupation permit covering one (1) commercial vehicle (one (1) semi and (1) trailer). My son will arrange parking in a different location for the one (1) additional trailer. I will begin the application process for Home Occupation permitting shortly. I am in the process of gathering the materials and equipment needed for the remaining sections of screening of the property and the construction will begin shortly. Sincerely, ii..746/161.H (7744ii Anna M. Motz 10167 CR 13 Longmont, CO 80504 (303)772-6764 Will DEPARTMENT OF PLANNING SERVICES Code Compliance Division 0 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us COT OR w DO 1555 N. 17th Avenue, Greeley, CO 80631 L A Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE October 31, 2003 Mr. & Mrs. Everett Motz 10167 CR 13 Longmont, CO 80504-9449 Subject: VI-0300290, Part of the E2SE4 of Section 12, T2N, R68W of the 6'h P.M.,Weld County, Colorado Dear Mr. & Mrs. Motz: 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 23-3-40 "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." To bring your property into compliance with the Weld County Code: I presented your situation to staff, regarding your sons' commercial vehicle (semi and trailers). Staff determined that because of the one(1)additional trailer, your property does not qualify for the"Home Occupation" application. Therefore, there are three (3)ways to proceed: 1.) The commercial vehicles are removed from the property. 2.) A Use by Special Review application shall be completed and submitted to the Department of Planning Services. 3.) You can present your case to the Board of County Commissioners through the Violation Hearing process. If they determine that you meet the intent of the Home Occupation permitting process,then you can apply for a Home Occupation permit. However,should they determine that you do not meet the intent of the Home Occupation permitting process, then removal of the commercial vehicle or a Use by Special Review application will be required. I will need to be notified in writing within the thirty days (by November 23, 2003)how you wish to proceed. Additionally, the screening will still need to be completed or substantial progress made. Mr. & Mrs. Motz Page 2, VI-0300290 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,414 y� Bethany Salzman Zoning Compliance Officer pc: VI-0300290 Department of Planning Services Bruce Barker, County Attorney d C DEPARTMENT OF PLANNING SERVICES Code Compliance Division 0 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us COLORADO 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE October 23, 2003 Mr. & Mrs. Everett Motz 10167 CR 13 Longmont, CO 80504-9449 Subject: VI-0300290, Part of the E2SE4 of Section 12,T2N, R68W of the 6th P.M.,Weld County, Colorado Dear Mr. & Mrs. Motz: 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 23-3-40 "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." To bring your property into compliance with the Weld County Code: The"Noncommercial Junkyard"consisting of derelict vehicles and miscellaneous debris shall be restored, removed or screened from all adjacent properties and public rights-of-ways. The Commercial Vehicles and Equipment shall be removed or a Use by Special Review application shall be completed and submitted to the Department of Planning Services. This would include all oil /water tanks and equipment. It is my understanding that you did visit the SouthWest Weld Office; however, if you have any additional questions, I would suggest that you speak to one of our "On-Call" Planners. We have to locations open to the public. Our main office is located at 1555 N. 17th Avenue, 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. AI our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m. -4:00 , 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. Mr.&Mrs.Motz Page 2,VI-0300290 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 October 23, 2003, 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, [& tet{ 0.i n Bethany Salzman Zoning Compliance Officer pc: VI-0300290 Department of Planning Services Bruce Barker, County Attorney a rat ;;\\ DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 C. Phone: (970) 353-6100, Ext. 3555 (97 Fax: (970) 304-6498 COLORADO October 16,2003 Mr. &Mrs. Everett Motz 10167CR13 Longmont, CO 80504-9449 Subject: VI-0300290, Part of the E2SE4 of Section 12,T2N,R68W of the 6`"P.M.,Weld County,Colorado Dear Mr. &Mrs. Motz: It has come to the attention of the Department of Planning Services'staff thatthe uses on your property may not be in compliance with the Weld County Code,Chapter 23. The potential noncompliance with the Weld County Code is the presence of a"Noncommercial Junkyard"consisting of derelict vehicles,wood,metal/iron and other miscellaneous debris. While this is an allowed use in the Agricultural Zone District,it must be screened from all adjacent properties and all public right-of-ways. Additionally, several pieces of commercial equipment were noted. A"Use by Special Review"(SUP-92)was found;however,our records indicate it to be for a dog kennel. The presence of commercial vehicles and/or operation of any commercial activities require an amendment to your existing Use by Special Review permit. For questions, I would suggest that you speak to one of our"On- Call" Planners. We have to locations open to the public. Our main office is located at 1555 N. 17th Avenue, 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 concems with me. Failure to close this violation or efforts to show progress,will result in a thirty-day violation notice being issued. 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, NArpja Bethany Salzman Zoning Compliance Officer pc:VI-0300290 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY IV Weld County Department of Planning Services Inspection Report WLIDc 1555 N. 17th Avenue COLORADO Greeley, CO 80631 Date of Inspection: c•44-D 7j Permit/Case No.: \J Z l��CQ ZC1 U Property Owner Name: 1 ► CA' E'vi' 1'r Address: \U\Lp1 C,12, \? Upon a visual inspection of the property listed above,the following items were noted: .Vt t CGS V Y\�C n 10. UCA k •,c1 P, ;C,"\c- CC CA\ eCtti.kc t My pp C:c,Cco tCiQ9 cL��r f z� _ • Inspection by: Contact Name: -7 (-Cci 1� Contact Phone Number: 970-353-6100, Ext. 3540 Copy of this inspection was: 0 Left on site ,Mailed on: 1C_\,- Pictures on file: XYes 0 No Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5614686 Parcel#: 131312000045 Tax Area: 2323 Bordering County: I-V 0 D=1Lv (� Acres: 10.75 �/ VV�-��IIJJ�� Township Range Section Quart. Sec. Subdiv_ison Name Block# Lot# 02 - 68 - 12 -0 - - Owners Name&Address: Property_Address: MOTZ EVERETT D&ANNA M Street: 10167 WELD CO RD 13 City: LONGMONT, CO 805049449 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description 25119 N334'OF 51154' OF E2SE4 12 2 68 (.25R) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 10.75 Land Subtotal: 10.75 $137,063 $10,910 Buildings Valuation Summajy Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Out Building Improvements Subtotal: $137,901 $10,980 Total Property Value $274,964 $21,890 Buildinq Details Account#: R5614686 Parcel#: 131312000045 Owners Name &Address: Property Address: MOTZ EVERETT D &ANNA M Street: 10167 WELD CO RD 13 City: LONGMONT, CO 805049449 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1971 Exterior: Frame Masonry Veneer HVAC: Forced Air • http://maps.merrick.com/Web site/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13131... 10/16/2003 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1853 # of Baths: 2 Roof Type: # of Bdrms: Roof Cover: Composition Shingle # of Stories: 1 Rooms: Units: 0 Garage: Attached SQ Ft: 324 Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R5614686 Parcel#: 131312000045 Owners Name&Address: Property Address: MOTZ EVERETT D &ANNA M Street: 10167 WELD CO RD 13 City: LONGMONT, CO 805049449 Building# Prooerty_Tvoe 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1972 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 480 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13131... 10/16/2003 ".'.t in °f b L L O m W r tz ID � oc g U .n ca X; W _ W tal , �1 t v It. N N m 1 a 3 _ I $ C � ° z , [ ,,,... U � p �Q ' p u � p � O p al, hi. 40 a ,� N L! — O 4 am I z �, a z I.-.._ [jukt jir,ii , • H • yr! ' t [i5: C6 ._rr��,, •' wi3"r'r ikt.R! Y-5�c,c: . y5 ss r iF .."• i k3C y� €air' :.-: ::,'.. O U tr., til. a i� G G ai �:t.. uc Z p m ' Gtiiiifi ..: . cu... ... . .. �� ( • a CZ• 2: ' 2 c Ift.Hli,tin i o w C 03 .- O 3d ri z, s ► : 3 ,J. i N W u O ,I:': h :m ' al m c — r_ C7• , Z a o1 I: I.. ;.. , 7t5 H 4 ' ::...,;..•: :::.,,..:i . .:.- .r, MdYe i E•' ti f a rl i Fi'.% i, ILA U� :--n,, C ::;i_;i . CIO i . " an i al El CL :.. .;: :s...,„SOV ..„::: .... ..:,E. way.,,,,,. . . -•�io'myai : i'�i'`�—[`•t-:...:`. .�.�'F . ,,R ',,,-- C d iil & -•:•�i::i eii�•''''': '� W r�3�rix� r.' t::;ii;s . .. ,, a u, C (p ,t", t i tE 3 igr t� E t, [?[ a rs DEPARTMENT OF PLANNING SERVICES Code Compliance Division O 1555 N. 17th Avenue, Greeley,CO 80631 Phone: (970) 353-6100,Ext. 3540 COLORADO Fax: (970)304-6498 ZONING and/or BUILDING CODE COMPLAINT Complaint Initia ❑ ZONING CODE COMPLAINT ❑ Staff/Name: _ ❑ HEALTH DEPARTMENT Citizen's Name(If lmowr ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If(mown) _ ❑ BUILDING CODE COMPLAINT O PUBLIC WORKS/PEST&WEEDS Date Complaint was received: q',1N-ti 5 Pending Case#(i.e.USR,RE,SE, ect...): Legal Description: U C- J\≥, 1'..1VIA43 Parcel#: iE\I21' ia•e•cry.n4-\"S Violation Address: nu on Le Property Owners Name: KY-it-3j Eve I).Ck'� �; 1 11ti Phone: Property Owners Address: -t"1\ \"\(Xitt ( ,r) Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: Sim?-qA-* a-a-1 \ - Ciookn Complaint Referred To: Date: Complaint Referred To: Date: 1l Additional Notes: Nri Il Evergreen Caissons, Inc. 735 Clarkson Street ♦ Denver, CO 80218 tel (303) 839-1809 ♦ fax (303) 839-1841 October 6, 2006 Bethany Salzman Compliance Division NORTH OFFICE 918 10th Street Greely, CO 80631 Re: 10167 Weld County Road 24.5 Dear Ms. Salzman, I have tried multiple times to send an e-mail to Ms. Hatch as she had asked me to keep her abreast of our moving schedule and progress made thereof. I had an incorrect e-mail address for Ms. Hatch and as I am a third party tenant in this matter, I have not had any correspondence from which to gain her contact information. Two weeks ago, I received a copy of your letter of September 5, 06 written to Mrs. Motz. I apologize for my delay in contacting you, however, it didn't occur to me until now. My purpose in writing this letter is to clarify our company's intent to remove all tools and equipment from the referenced address and to provide clean up for the owner, Mrs. Motz. It is also our intent to minimize any potential fines and or actions against the property prior to completion of our demobilization. I appreciate your time in advance in reviewing this letter and I urge you to contact me with any questions regarding our plans. The Weld County Planning Commission rejected Mrs. Motz' USSR-1550 application as of Tuesday, May 16, 2006. Our company decided shortly thereafter that we would cease our request to stay at Ms. Motz yard and this caused the USSR-1550 to be withdrawn. This decision required us to successfully seek an adequate property for purchase or rental, obtain financing (as proved necessary for purchase), and move up to eighty semi-truck loads of oversized specially permitted tools and equipment within 90 days. Jacqueline Hatch and I had discussed my concern that the mobilization alone would potentially take two months or more to complete. Much of our tooling requires a special "low boy" semi-truck. The Denver area has very few trucking companies which use this low boy trailer and the current construction activity in this area has severely C:\WINNT\Temp\Temporary Internet Files\OLK1E7\Weld County Dept of planning North Yard Itr.doc reduced their availability. It is also required that our crews mobilize simultaneously to the loading site to provide for the safe loading and tie down security of all items in preparation for mobilization, this is per OSHA standards. This scheduling and coordination has slowed down our ability to expedite completion of our demobilization. The following is a brief outline of our time line in securing a new property. Our intent is to assure Weld County authorities that we have actively pursued this move and without unforeseen delay we are scheduled to be out by the first of December. My first appointment for property viewings began on Saturday May 27, 2006. We discovered that there were few rental properties available that suited our needs for space and location. We proceeded to focus on a property that we could purchase. We found a suitable property in June and spent one month in contract negotiations only to discover that the property had some substantial liens against it, which made it impossible for us to purchase. In mid-July, we finally discovered a suitably zoned property that would allow storage of our tools and equipment. Again, our initial contract for purchase took a month to complete and of course financing requirements; inspections, surveys, and appraisal made it impossible for us to close our purchase in less than two months. We closed on our new property last week, Wednesday, September 27, 2006 and have since taken possession. In an attempt to lessen our offense at the current yard, we have accomplished the following: - Begun our mass demobilization of all tooling and equipment from this yard to our new yard. - Removed all equipment that might potentially provide an attractive nuisance. This should also alleviate concerns that there were flammable materials or the likelihood of fire hazard from fuel leaks or upon start up. - Completed a comprehensive clean up to include removal of any storage cans that may contain flammable materials. - Organized the entire storage yard (Motz personal vehicles and front area of property have not been included in our C:\WINNT\Temp\Temporary Internet Files\OLK1E7\Weld County Dept of planning North Yard ltr.doc efforts, although we have assisted Motz family to the degree that is allowable.) This includes disposal of any refuse on the site. - Provided weed remediation of storage area for Motz family in order to satisfy fire concerns. - We have hired subcontract welders to remove the ends from water storage tanks (should alleviate concerns of the adjacent development company which owns property immediately west of the Motz property that there was HAZMAT storage in tanks). - We have removed all of our mobile equipment to reduce the "attractive nuisance" potential for neighborhood residents. Please note that we have left a loader and crane on site that will be necessary for continued loading of our trucks for the remainder of the demobilization. There are some restrictions that we are required to conform to in our new location and the applications process, and scheduling subcontractors for such has been another source of delay. We have been able to demobilize some pieces of equipment to store at our existing shop location (although the site is small and storage is limited). The new yard is now available for storage and our mobilization is in progress. It is my understanding that through your special request, we might be allowed a thirty grace period to complete our mobilization. Please be advised that if we are only allowed these thirty days, we will do our best to meet that schedule. However, due to available resources, as discussed above, we think that it may be impossible for us to complete given only thirty additional days. We would like to urge you to consider a more feasible schedule that will allow our complete exit and clean up of the property by December 01, 2006. I thank you again for your time and consideration. I recognize that I am not familiar with Weld County restrictions and procedures; therefore, I would appreciate your guidance and feedback as to any further applications that we may accomplish to obtain temporary compliance with Weld County authorities in this matter. Sincerely, Sylvia Y. 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