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HomeMy WebLinkAbout20022460.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TED AND PATRICIA BUCHER 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, Ted and Patricia Bucher, VI #0200037, 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 September, 2002, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Patricia Bucher, property owner, was present at said hearing, 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 Ted and Patricia Bucher 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. 2002-2460 (JO ', ft, f/fO PL0824 VIOLATIONS - VI #0200037 - TED AND PATRICIA BUCHER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of September, A.D., 2002. BOARD OF COUNTY COMMISSIONERS l WELD COUNTY, COLORADO ATTEST: geg /^//" ,'a`a IE�, 1��i; a• XCUSED se: % le aad, Chair Weld County Clerk to the B a . �'.��'�. 0 /�/� �0 �'� S �Q'C��J � "'avid E. Lo g, Pro-Tem BY: col ar r ` pr v AV Deputy Clerk to the Boar. % AV ll,,;• 7 P �Zv J. eile ED ALTO F M: EXCUSED illi m H. Jerke��n / 4. War ounty Atto y R bert D. Masden (i/ Date of signature: 2002-2460 PL0824 DATE: September 5, 2002 VIOLATION NUMBER: VI-0200037 NAME: Mr. & Mrs. Ted Bucher ADDRESS: 7346 Harold Street, Fort Lupton, CO 80621 ZONE DISTRICT: Agriculture LEGAL DESCRIPTION: Lot 4, Block 44, Aristocrat Ranchettes, Weld County, Colorado TOTAL ACREAGE: .99 Acres CASE SUMMARY February 1, 2002 Initial complaint received. May 13, 2002 Initial inspection completed. May 21, 2002 Five day compliance encouragement letter issued. June 7, 2002 Violation letter issued. June 10, 2002 Property inspected. Property still in violation. August 8, 2002 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. Currently, there is a violation of Chapter 23,Article 111(3), Division 1,of Sections 23-3-20,23-3-30,23-3-40, 23-3-40.O and 23-3-40.R of the Weld County Code. To bring the property into compliance, the property owner shall conform the business to fall within the guidelines of a"Home Business"and then apply for a Use by Special Review or business shall be removed from the property. The Department of Planning also recommends that the County Attorney authorize legal action against 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. 2002-2460 Inspection information Sheet VIOLATION: VI-0200037 STATUS: ISSUED DESCRIPTION: tree trimming / cutting service w/out USR BASE INFORMATION: PARCEL NUMBER: 1309-27-3-08-001 LEGAL DESCRIPTION: 2AR44-4 L4 BLK44 2ND ARISTOCRAT RANCHETTES OWNER: BUCHER TED & PATRICIA OCCUPANCY: LOCATION: 7346 Harold Street Aristocrat Ranche APP TYPE: VI CLASS CODE: VI-6 ZONING DIST: AGRI INSPECTIONS: Item: 00404 TELEPHONE CALL Item: 00405 LETTER 05/21/2002 By: BJS Action: NO Comments: 5 day compliance encouragement letter sent. 06/07/2002 By: BJS Action: NO Comments: 30 day violation notification was issued. 08/08/2002 By: BJS Action: HR Comments: Violation Hearing notification was issued (certified - 09/10/02 @ 10:00 a.m.) Item: 00400 SITE INSPECTION 05/13/2002 By: BJS Action: INSP Comments: Upon a visual inspection of the property, the following items were noted: wood was all over the property. Additionally, several tree trucks were located on the property. No pictures taken at this time. 06/10/2002 By: BJS Action: INSP Comments: Upon a visual inspection of the property, the following items were noted: no visible changes. 08/28/2002 By: BJS Action: INSP Comments: Upon a visual inspection of the property, the following items were noted: some of the wood appears to have been removed; however, did note at least 1 (one) tree truck. Item: 00406 OFFICE VISIT printed:September 5,2002 form:inspinfo ' C DEPARTMENT OF PLANNING SERVICES Code Compliance Division O 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 Fax (970) 304-6498 August 8, 2002 Mr. &Mrs.Ted Bucher 7346 Harold Street Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0200037, Lot 4, Block 44, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. & Mrs. Bucher: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 10,2002,at 10:00 a.m.,to consider the violations occurring on the property. As we have previously discussed the above mentioned property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Article ill, Div I "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by special review." Section 23-3-40.O "Home Business." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use or a Use by Special Review in the Commercial or Industrial Zone Districts,provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions." To bring your property into compliance with the Weld County Code: • A Use by Special Review application shall be completed and submitted for review or the use shall cease to exist. Additionally,because this property is located within a recorded subdivision,this business would be required to fall within the guidelines as established through the "Home Business" (as shown below). As we discussed over the phone, all items associated with the business would have to be stored within an Accessory Structure. A Home Business would not allow for any outdoor storage,including but not limited to,work trucks,tree mulches,wood, etc... HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property,where: a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein. b. Such USE is clearly incidental and secondary to the principal permitted USE ar.d shall not change the character thereof. Ordinarily,a HOME BUSINESS shall not be interpreted to include thefollowing: clinic,HOSPITAL,nursing home, animal hospital,HOTEL/MOTEL,RESTAURANT,mortuary and organized classes where more than six(6)persons meet together for instruction on a regular basis(does not include classes sponsored by a PUBLIC SCHOOL). Page 2 vM • • This meeting will take place in the County Commissioners'Hearing Room, First Floor,Weld County Centennial Center, 915 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 from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. U.S. Postal Service Sincerely, ���A�` CERTIFIED MAIL RECEIPT fl r� V (Domestic Mail Only; No Insurance Coverage Provided) ll� 1 rtl mo Bethany Salzman .o Zoning Compliance Officer M1 Postage $ O pc: VI-0200037 Certified Fee Department of Planning Services Postmark L n Return Receipt Fee Bruce Barker, County Attorney ru (Endorsement Required) Here Restricted Delivery Fee O (Endorsement Required) $ O 8 Total Postage Fees R7 111 Recipient's Name (Please Print Clearly)(To be completed by mailer) MR. & MRS. TED BUCHER O Street,Apt.No.;or PO Box No. ci 7346 HAROLD STREET FtoRTejLUPTON, CO 80621 PS Form 3800,Februar SENaE': Ce M'LETE PHIS SECTI aN Cs M•LETE THIS SECTI•N eN•ELIVE•Y ■ Complete items 1,2, and 3.Also complete A. Si.nature item 4 if Restricted Delivery is desired. , ❑Agent • Print your name and address on the reverse X /771 {� 0 Addressee so that we can return the card to you. B. Received by(Printed Name) 0 Dateofpelivery It Attach this card to the back of the mailpiece, (C.J� 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: ❑ No MR. & MRS. TED BUCHER 7346 HAROLD STREET ARISTOCRAT RANCHETTES FORT LUPTON, CO 80621 3. Service Type XX$l1Certified Mail ❑ Express Mail 0 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7000 0520 0025. 0404 7602 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-V1035 SERVICE.TEAMWORK,INTEGRITY,QUALITY • DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE June 7, 2002 Mr. & Mrs. Ted Bucher 7346 Harold Street Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0200037, Lot 4, Block 44, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. & Mrs. Bucher: 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 111, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by special review." Section 23-3-40.O "Home Business." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use or a Use by Special Review in the Commercial or Industrial Zone Districts,provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions." To bring your property into compliance with the Weld County Code: A Use by Special Review application shall be completed and submitted for review or the use shall cease to exist. Additionally,because this property is located within a recorded subdivision,this business would be required to fall within the guidelines as established through the "Home Business" (as shown below). As we discussed over the phone, all items associated with the business would have to be stored within an Accessory Structure. A Home Business would not allow for any outdoor storage, including but not limited to,work trucks,tree mulcher, -Rood, etc... HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property,where: a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein. b. Such USE is clearly incidental and secondary to the principal permitted USE and shall wt change the character thereof. Ordinarily,a HOME BUSINESS shall not be interpreted to include the following: clinic,HOSPITAL,nursing home, animal hospital,HOTEL/MOTEL,RESTAURANT,mortuary and organized classes where more than six(6)persons meet together for instruction on a regular basis(does not include classes sponsored by a PUBLIC SCHOOL). lvl l. O(. lv Ll➢. li UG1iC L Page 2 It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,we have no discretion in this matter if you fail to correct this violation. You have 30(thirty)days from,June 7, 2002, 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 pc: VI-0200037 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY 14.-it 1.4 DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US 11 ' E-mail Address: bsalzman@co.weld.co.us �( 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO May 21, 2002 Mr. & Mrs. Ted Bucher 7346 Harold Street Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0200037, L of 4, Block 44, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. & Mrs. Bucher: It has come to the attentii n of the Department of Planning Services'staff that the uses on your property may not be in compliance with the Weld County Code. The potential noncompliance with the Weld County Code is the operation of a commercial business (tree trimming) without the required and necessary Weld County permits. For questions, I would suggest that you come to the office and speak to one of our "On-Call Planners" (Wednesday,7:30 a.m.-4:00 p.m.or Monday or Friday, 12:00 p.m.-4:00 p.m.) Additionally,please be advised that we have opened another location to better serve the public. Our other office is located at 4209 WCR 24.5 (East of I-25 and North of Hif:hway 119). The Southwest office is open on Tuesdays and Thursdays, 8:00 a.m.- 4:00 p.m.. No appointment is necessary at either location because individuals are seen in the order they sign in. Additionally, to save time for you and the planner, please bring this letter with you to the office. Please contact me within five working days of the date of this letter to review these concerns with me, Failure to show progress or to close he violation, will result in a thirty-day violation notice being issued. Feel free to contact me at the above add'ess, 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, (68(neki-} -,l'et_ek, Bethany Salzman Zoning Compliance Officer pc: VI-0200037 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY rs DEPARTMENT OF PLANNING SERVICES luglie Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 COLORADO Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: VIL ZONING CODE COMPLAINT ❑ Staff/Name: lid Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): Pca(\L y c IY o WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): LL11n ❑ BUILDING CODE COMPLAINT o PUBLIC WORKS/PEST&WEEDS Date Complaint was received: _ Pending Case#(i.e. USR,RE, SE,ect...): Legal Description: U) ,i4t 1 Prot nA�t'P���y.n iztA Parcel#: kben.Cl•'b'OR•l�Q\ Violation Address: •-1'5'-k(O \ypAd ` "ks. Property Owners Name: IL* fhorjTPA KAhiCt(1. Phone: • Property Owners Address: } U 100n% (.0%0 Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: "Tke 4Y(cn\DirC `."1‘.1(V3,(JL PvtJ(Jv1"oix , -- Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: lilac ._2 .. _a.. day of ._.. A. D. Ill at...:a o'clock..L. M. k'. 'e�+'�•/-p�..'.'�...: fAP Reception No __17 139.7 By U REGORDER� ��"fY a) DEPUTY 2=/ Weld Count Colorado THIS DEED, Made this 12thday of March ,19 79, FILING STAMP between G• ERVIN PACKER aka ERVIN E. PACKER - -I State Documentary Fee Date of the County of Adams and State of MAR 14 19T9 -e Colorado,of the first part,and /0 • TED J. BUCHER and PATRICIA A. BUCHER $ 0 `-. . whose legal address is F. O. Box 1092 - Commerce City, Colorad 80322 c of the County of and State of Adams O Colorado,of the second part: WITNESSETH,that the said party of the first part,for and in consideration of the sum of n Eleven thousand and no/100 DOLLARS C ") and other good and valuable considerations to the said party of the firstpart in handO` paid by the said par ties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained,sold and conveyed,and c by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and ' rla assigns forever,not in tenancy in common but in joint tenancy,all the following described lot o:parcel of land,situate,lying and being in the County of Weld and State of Colorado,to wit: 0\ --- Lots 3 and 4, Block 44 .7f--- SECOND FILING ARISTOCRAT RANCHETTES -fit a Subdivision of WELD COUNTY, COLORADO �-�.pwrl €,I also known as street and number Vacant land TOGETHER with all and singular the hereditaments and appurtenances thereunto belong'ng,or in anywise apper- taining 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 said party of the first part,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 said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors,and administrators,does covenant,grant,bargain and agree to and with the said parties of the second part, 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,as of good, sure,perfect, absolute and indefeasible estate of inheritance,in law, in fee simple, and has tipat�'t good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, \"i�' and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except all taxes and assessments for 1979 and subsequent years and subject to all oil, coal and other minerals, restrictions and easements. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND.The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day and year first above written. • L"v 4-7 J�Signed,Sealed and Delivered in the Presence of 1 tom'-`�'`""`' '� C��" (SEAL] Ervin Packer aka' �;co ....et/rt_ r� X_ "-7'—' (SEAL] Ervin E. Packer —(SEAL] STATE OF COLORADO, Adams ss. County of The foregoing instrument was acknowledged ^^^^^ w...,,...,.,,,,,,.,,„„,..,.„].ie(,P,£ me this. 12th day of March , 19...7.9...., BETTY JEAN HOC#UE.. RVIN...PACKER_.aka ERVIN E, PACKER C,1),,:c NOTARY PUBLIC STATE OF COLORADO ,Witness my hand and official seal. My ComnYlaai'rn e�:plr2a >> ` My commission expires September 29, 19.79 �--- NCPublic. WARRANTY DEED TO JOINT TENANTS—THE C. F. HOECKEL Co., DENVER coax. 325485 Mailing Address for - Future Tax Notices Name Mailing Address Good Morning, My name is Patty Bucher. I have been a land owner in Weld County 25 years. I have worked for Adams County for 25 years, so I am well aware of government rules and regulations. But I feel we are Not in violation of any of the Weld County codes listed on the letters we received from the Dept. Of Planning Services. After the first letter came on May 21, 2002, I went to the Greeley location and met with Bethany Salzman. Bethany gave me a packet for Use by Special Review and said that was my only option to come into compliance. The more I read of the packet, the more I was convinced that it does not pertain to my circumstance. I took the packet to the Southwest location and spoke to Lauren. Lauren answered questions about the packet but she told me if you really don't feel you are in violation Call Bethany again or the Commissioners' office. I called Bethany again, she answered many questions but she still persisted we are in violation. I then got another letter from Bethany on June 7. In this letter she states"we are here to assist and cooperate with you without imposing any undue hardships, however we have no discretion in this matter if you fail to correct this violation. According to Bethany, To come into compliance we must: 1. Pay an $1100.00 packet fee. 2. Pay a$600.00 fee to a certified attorney to trace who owns the mineral rights on our property.{ We have that information already from when we bought our property but that's not good enough according to the Planning Dept. 3. Pay approx. $40,000.00 to have a building constructed to hide our vehicles in 4. Pay approx. $5,000.00 to construct a privacy fence to hide our firewood. 5. Pay an additional $500.00 investigative fee if I choose to fight this violation. This list adds up to the amount of$47,200 and I consider this amount a very large hardship. After receiving that letter and adding up the costs involved I called Commissioner Jerke. We discussed the situation of bring our work trucks home to be parked on our own property and the number of other people who bring their company vehicles home after work. I told Mr. Jerke that I could camcord at least 10-20 other homes in our neighborhood that bring their company vehicles home every night. He said if I knew of 20 there were probably 40 around and hopefully none were Weld County Sheriff cars or other County vehicles when I stared taking pictures. Mr. Jerke said he would call Bethany and see what she had to say about it really being a violation. He said he would get back to me in a few days. He never called me back. Next I received a certified letter notifying me of this meeting, and saying I would be allowed to voice my concerns about this matter. Since the first letter arrived in May I have spent many many hours in research, phone calls, trips to Gieeley& Longmont to try to resolve this matter. I have made a packet of everything I will be referring to so you can see why I feel I am not in violation. I have underlined pertinent lines as none of us has time to read all the information I have gathered. Please excuse my notes on these pages. EXHIBIT .L� i \\EI�y�5 DEPARTMENT OF PLANNING SERVICES Code Compliance Division 4Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Ic6" Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO _ Qo e 4 �p op , May 21, 2002 Mr. & Mrs. Ted Bucher 7346 Harold Street Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0200037, Lot 4, Block 44, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. & Mrs. Bucher: It has come to the attention of the Department of Planning Services'staff that the uses on your property may not be in cor_ppliance with the Weld County Code. The potential noncompliance with the Weld County Code is the operation of a commercial business (tree trimming) without the required and necessary Weld County permits. For questions,3 would suggest that you come to the office and speak to one of our "On-Call Planners" (Wednesday, 7:30 a.m.-4:00 p.m.or Monday or Friday, 12:00 p.m.-4:00 p.m.) Additionally,please be advised that we have opened another location to better serve the public. Our other office is located at 4209 WCR 24.5 (East of I-25 and North of Highway 119). The Southwest office is open on Tuesdays and Thursdays, 8:00 a.m.- 4:00 p.m.. No appointment is necessary at either location because individuals are seen in the order they sign in. Additionally,to save time for you and the planner, please bring this letter with you to the office. Please contact me within five working days of the date of this letter to review these concerns with me. Failure to show progress or to close the violation, 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, Bethany Salzman Zoning Compliance Officer pc: VI-0200037 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY.QUALITY wolf)r c1,lcAe • J3o . P� a, 60t, DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us C 1555 N 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE June 7, 2002 Mr. & Mrs. Ted Bucher 7346 Harold Street Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0200037, Lot 4, Block 44, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. & Mrs. Bucher: 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 23-3-40 "Uses by special review." Section 23-3-40.O "Home Business." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use or a Use by Special Review in the Commercial or Industrial Zone Districts,provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions." To bring your property into compliance with the Weld County Code: A Use by Special Review application shall be completed and submitted for review or the use shall cease to exist. Additionally,because this property is located within a recorded subdivision,this business would be required to fall within the guidelines as established through the"Home Business"(as shown below). As we discussed over the phone, all items associated with the business would have to be stored within an Accessory Structure. A Home Business would not allow for any outdoor storage,including but not limited to,work trucks, tree mulcher, wood, etc... HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property,where: a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein. b. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof Ordinarily,a HOME BUSINESS shall not be interpreted to include the following: clinic,HOSPITAL,nursing home, animal hospital,HOTEL/MOTEL,RESTAURANT,mortuary and organized classes where more than six(6)persons meet together for instruction on a regular basis(does not include classes sponsored by a PUBLIC SCHOOL). Mr. & Mrs. Bucher Page 2 It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,we have no discretion in this matter if you fail to correct this violation. You have 30(thirty)days from,June 7, 2002, tocorrect 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 pc: VI-0200037 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY.QUALITY rtpctiv-oi-;%) a I C DEPARTMENT OF PLANNING SERVICES Code Compliance Division WI O WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100 Fax (970) 304-6498 August 8, 2002 Mr. & Mrs. Ted Bucher 7346 Harold Street Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0200037, Lot 4, Block 44, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. & Mrs. Bucher: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 10,2002,at 10:00 a.m.,to consider the violations occurring on the property. As we have previously discussed the above mentioned property is in violation of the following Section(s)of the Weld County Code: Chapter 13,Article Ill,Div 1 "A(Agricultural)Zone District' p9. )3-8`d I. 4- Section 23-3-20 "Uses allowed by right." "Q3-$q Q - ✓Section 23-3-30 "Accessory uses." 23-9Q 3. L.-Section 23-3-40 "Uses by special review." 33,42.1.4- 4--"Section 23-3-40.O "Home Business." 13...qj se, //Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use or a Use by Special Review in the Qii' 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." To bring your property into compliance with the Weld County Code: A Use by Special Review application shall be completed and submitted for review or the use shall cease to exist. Additionally,because this property is located within a recorded subdivision,this business would be required to fall within the guidelines as established through the"Home Business"(as shown below). As we discussed over the phone, all items associated with the business would have to be stored within an Accessory Structure. A Homc Business would not allow for any outdoor storage, including but not limited to,work trucks,tree mulcher,wood, etc... HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property,where: a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on sthe FAMILY resident therein. b. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof Ordinarily,a HOME BUSINESS shall not be interpreted to include the following: clinic,HOSPITAL,nursing home, animal hospital,HOTEL/MOTEL,RESTAURANT,mortuary and organized classes where more than six(6)persons meet together for instruction on a regular basis(does not include classes sponsored by a PUBLIC SCHOOL). Mr. &Mrs. Bucher 3 Page 2 This meeting will take place in the County Commissioners'Hearing Room, First Floor,Weld County Centennial Center, 915 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 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, CAr Bethany Salzman Zoning Compliance Officer pc: VI-0200037 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY Zoning—Procedures and Permits Div.9,Fees—Sec.23-2-920 Sec.23-2-920. Investigation fee. An additional investigation fee shall be added to the cost of the permit application when specific land, USES, BUILDINGS, MOBILE HOMES, MANUFACTURED HOMES and STRUCTURES that require a permit by this Chapter are located, moved, operated or constructed prior to obtaining a permit. The investigation fee shall be fifty percent(50%)of the fee established by separate action by the Board of County Commissioners for Land Use Applications. In no event shall the investigation fee exceed an amount set by separate action by the Board of County Commissioners. The payment of such investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties prescribed herein. Sec.23-2-930. Hazardous waste disposal fee. The fee for the hazardous waste disposal site established by the Board of County Commissioners may be refunded in whole or in part by decision of the Board of County Commissioners. The amount of the refund, if any, shall be determined, in part, based upon the cost incurred by the COUNTY in reviewing the application and shall include,but not be limited to,outside consultant work,staff time and state and local agency fees. Sec.23-2-940. General requirement for collateral The policy on Collateral as outlined in Section 2-3-30 of this Code shall be followed. (Weld County Code Ordinance 2001-1) ARTICLE III Zone Districts Div. 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) I. ( Sec.23 Uses allowed by right. ( CQ r 'f I r.A 0-r`y u i O \ o n t h A"V\i S SCA I oi\ 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. 23-88 Supp. I 5- Zoning—Zone Districts Div.1,A Agricultural Zone District—Sec.23-3-20 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. 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 and where the vehicular traffic generated by the boarding activity is less than sixty(60)trips per day to and from the property. U. One (1) microwave, radio, television or other communication transmission or relay tower seventy (70) feet or less in height per LOT. However, while in use, an 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. More than one(1)tower may be permitted as a USE by special review. 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) • n Qs Sec.23-3 30 Accessory uses.C( c ^ � � y U I O\c)--Et a ^ 1 r-Jr�`S S et': O h ' .()0Dj9(1 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 23-89 Supp. I Zoning—Zone Districts Div.1,A Agricultural Zone District—Sec.23-3-30 AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter(Aug_ttst _ 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 the Mixed Use Development Area (MUD), 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. B. BUILDINGS for confinement or protection of LIVESTOCK, within the limitations defined in Section 23-3-50 below. 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. e-LL(1 5,, D. HOME OCCUPATIONS. ( N o �o .'r�o GG�-. � � QV0%/7 1/4 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. TEMPORARY Accessory STRUCTURE. More than one (1) TEMPORARY Accessory STRUCTURE in the A(Agricultural)Zone District may be permitted for the purpose of storing agricultural goods inside the unit. A MOBILE HOME may not be used as a TEMPORARY Accessory STRUCTURE. A TEMPORARY Accessory STRUCTURE may be permitted upon a determination by the Board of County Commissioners that: 1. Electricity is the only utility which will be connected to the TEMPORARY Accessory STRUCTURE. 2. The TEMPORARY Accessory STRUCTURE will not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person. 3. The applicant has demonstrated that no reasonable alternative exists to using the TEMPORARY Accessory STRUCTURE for agricultural purposes. 4. The property upon which the TEMPORARY Accessory STRUCTURE is to be located must not be in a platted subdivision. 5. The property upon which the TEMPORARY Accessory STRUCTURE is to be located must be on a LEGAL LOT. 6. The property owner must substantiate in writing that the TEMPORARY Accessory STRUCTURE is necessary to the agricultural operation of the property. 7. The applicant shall not remove any structural component of the TEMPORARY Accessory STRUCTURE making it unmovable. 23-90 Supp. 1 Zoning—Zone Districts Div.1,A Agricultural Zone District—Sec.23-3-30 8. A TEMPORARY Accessory STRUCTURE shall not be allowed to become in a state of disrepair. Such disrepair may include a TEMPORARY Accessory STRUCTURE 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 improper lack of maintenance, vandalism or infestation with vermin or rodents. Any such TEMPORARY Accessory STRUCTURE 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 Building Inspection Department,or it shall be removed from site. 9. All TEMPORARY Accessory STRUCTURES shall be removed from the property upon cessation of the USE of the TEMPORARY Accessory STRUCTURES. 10. The TEMPORARY Accessory STRUCTURE may not be used in any manner to display a SIGN. 11. A zoning permit for a TEMPORARY Accessory STRUCTURE shall be for a period of twelve (12)months,and is renewable only by grant of the Board of County Commissioners. 12. A zoning permit for more than one (1) TEMPORARY Accessory STRUCTURE in the A (Agricultural) Zone District may be issued by the Department of Planning Services upon the determination that the criteria of Section 23-3-30 of this Code are met. If the applicant is not able to meet the criteria stated in Section 23-3-30, the Board of County Commissioners shall review the application for compliance with the criteria set out in Section 23-3-30 at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred(500)feet of the parcel under consideration. Such notification shall be mailed, first class,not less than ten(10)days before the scheduled meeting. Such notice is not required by Colorado state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a TEMPORARY Accessory STRUCTURE has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10)days prior to the meeting date. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the TEMPORARY Accessory STRUCTURE on the surrounding properties. In addition,the Board of County Commissioners shall consider compatibility of the TEMPORARY Accessory STRUCTURE with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1) 23-91 Supp. I Ce Zoning—Zone Districts Div.1,A Agricultural Zone District—Sec.23-3-40 S9(23-3-40) Uses by special review. olat mn co,...., n`c3A2+ Qa.n 9) „L? , ass 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). 1 4. Farm equipment sales,repair and installation facilities. A I I 14` 5 e' 5. Veterinary clinics or hospitals. Q e t- 6. Grain and feed sales. C1r"" 7. Commercial grain storage and drying. �t-twal 8. Fertilizer storage,mixing,blending and sales. \l o-Yr•-t-2 9. Seed production,processing,storage,mixing,blending and sales. 10. Animal training and boarding facilities. 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. 23-92 Supp. I ' Zoning—Zone Districts Div.1,A Agricultural Zone District—Sec.23-3-40 9 2. DRIVE-IN THEATERS,subject to the provisions of Section 234-410. 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: 1. Equipment storage or repair facilities,subject to the provisions of Section 234-420. 2. Storage tanks,subject to the provisions of Section 234-420. 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. 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. Lit/a( O.)HOME BUSINESS. ( �� �r 0± \� 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. 23-92a Supp. I " Zoning—Zone Districts Div.1,A Agricultural Zone District—Sec.23-3-40 ' v �QAny use permitted as a Use by Right, am ACCESSORY USE, or a Use by Special Review in the MMERCIAL 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. Ooesr' t QeY1/4a-t.. A-v Q tai ...aUe c-\es 0.` ol?ertil S. CHILD CARE CENTER. T. BED AND BREAKFAST FACILITY. U. 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. (Weld County Codification Ordinance 2000- 1;Weld County Code Ordinance 2001-1) 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. 2. Dry: eighty(80)acres. 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, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a two- hundred-foot radius of any tank battery or 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 this Chapter in accordance with Section 23-6-10 C. (Weld County Codification Ordinance 2000-1) 23-92b Supp. I In the matter of firewood on our property, it is for our own personal use. We went to court in Weld County in 1992 and Judge Robert Behrman ruled in our favor saying there is no regulations in the codes against having firewood on the property. The court case number was 90-CV-772. I would like to finish by saying I feel this whole situation is an invasion of my privacy as a citizen and a landowner in Weld County. I would like to ask if any of you would feel your rights were being violated by a County employee coming to your house with a camcorder to take pictures of your yard and what vehicles you park in your driveway. Thank-you for letting me voice my concerns and feelings in this matter and I will await your decision on whether it is indeed a violation to bring your work vehicles home. My husband went through our neighborhood asking people if they had a problem with our vehicles driving through the streets or parking on our property.Not one person he talked to had a problem with either and they all signed a paper stating that they didn't have a problem with your issues. Thank-You °PP Shear's Tree Service 7346 Harold St. Ft.Lupton,Cob.80621 Phone 303-659-7348 Fax 303-857-1997 September 8,2002 Dear Neighbor, We would like to know if you have any problems with our tree service vehicles coming and going to work through our neighborhood. It is important to know that we do not run a commercial business from our home, we merely park our trucks on our property. In other words, we have never nor will we ever be bringing customers into aristocrat for local sales. We would also like to mention that we have lived in Aristocrat for 25 years with no complaints, concerns or problems. Please take the time to fill out the following information and mark one of the below listed options. Name: Address: Signature: — No,I do not have any problems with any of the above mentioned issues. — Yes,I am concerned because: Sincerely, Ted and Patty Bucher Hello