HomeMy WebLinkAbout20021421.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST DANIEL AND MICHELLE SCHRAM 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, Daniel and Michelle Schram, VI #0200001, 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 4th day of June, 2002, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Daniel Schram, property owner, was present at said hearing, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said
violation to the Weld County Attorney's Office for legal action, with an instruction for delay of
action upon such referral until July 4, 2002, to allow adequate time for the property owners to
move the semi-trailers and cabs to another location 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 #0200001 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Daniel and Michelle Schram 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 July 4, 2002, to allow adequate
time for the property owners to bring the subject property into compliance.
()C- . 19L 1/('6:/
2002-1421
PL0824
VIOLATIONS - VI #0200001 - DANIEL AND MICHELLE SCHRAM
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
z \\ 'WELD TY, ADO
ATTEST: . I\
.
r/ ' y '\ Gle aad, Chair
Weld County Clerk to the Board )-
(0 t rd ' CG l �C
/f . ` �p David E. Lon Pro-Te
Deputy Clerk to the Bo� / ti\, `� �� �..c-/
V' -T y M. J. G ile
APPROVED AS.TO F-9 14M: 4 i /7.4-1—e,
lliam H. erke
ounty A£torney
Robert D. Masden
Date of signature:
2002-1421
PL0824
DATE: May 31, 2002
VIOLATION NUMBER: VI-0200001
NAME: Mr & Mrs. Daniel Schram
SITUS ADDRESS: 625 CR 17, Brighton, CO 80601
MAILING ADDRESS: PO Box 145, Brighton, CO 80601
ZONE DISTRICT: Agriculture
LEGAL DESCRIPTION: Part of the S2NW4 of Section 33, T1N, R67W of the 6th P.M. ,
Weld County, Colorado
TOTAL ACREAGE: 79.09 Acres
CASE SUMMARY
January 4, 2002 Initial complaint received.
January 7, 2002 Initial inspection conducted.
January 8, 2002 5 (five) day compliance encouragement letter sent.
January 11, 2002 30 (Thirty) day violation notice was issued.
February 21, 2002 Inspection conducted. Property remains in violation.
April 29, 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 III (3) , Division 1, of
Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40 .G of the Weld County Code. To
bring the property into compliance the property owner shall remove the "Salvage
Yard" or complete and submit a Use by Special Review application for review.
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.
2002-1421
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late: 02/21/2002 1:45:12 PM
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
e1555
N. 17th Avenue, Greeley, CO 80631
Wlig Phone (970) 353-6100
Fax (970) 304-6498
COLORADO
April 29, 2002
Mr. & Mrs. Daniel Schram
PO Box 145
Brighton, CO 80601
Subject: VI-0200001, Part of the S2NW4 of Section 33,Ti N, R67W of the 6"' P.M.,Weld County,Colorado
Dear Mr. & Mrs. Schram:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with
the Board of County Commissioners on June 4, 2002, at 10:00 a.m.,to consider the violations occurring on the
property. The above mentioned property is in violation of the following Section(s)of the Weld County Code:
Chapter 23,Article III, 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.G "Junkyards or salvage yards."
To bring the property into compliance the following option(s)are available:
The storage of derelict commercial equipment on your property constitutes a"salvage yard". As I previously indicated
during our conversation,a Use by Special Review permit shall be obtained to continue this type of operation.
Even though you stated that this would be a temporary situation,the Department of Planning Services staff does not have
the authority to grant an extension for the length of time that you have determined. During our phone conversation you
stated that by the term"temporary"you were talking around 2 years.
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,
cbiL
Bethany Salzman
Zoning Compliance Officer
pc: VI-0200001
Department of Planning Services
Bruce Barker, County Attorney
SER'ICE.TEAMWORK.INTEGRITY.QUALITY
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only: No Insurance Coverage Provided)
r9rr-
m
`a
S Postage $
O
� Certified Fee
Ln Return Receipt Fee Postmark
fll (Endorsement Required) Here
O Restricted Delivery Fee
a (Endorsement Required) @
Total Postage 8 Fees $
rU
Ln Recipient's Name (Please Print Clearly)(To be completed by mailer)
O MR. & MRS. DANIEL SCHRAM
Street,Apt.No.;or PO Box No.
CD PO BOX 145
City,State,ZIP+4
N BRIGHTON CO 80601
•5 F.rm 3:n Fe.rua 2nf See •ev rse f.r lnstructi.ns
SENaE•: Ca M•LETE THIS SECTI aN C•M•LETE THIS SECTI IN eN IEuvERY
• Complete items 1,2,and 3.Also complete A. Si nature
item 4 if Restricted Delivery is desired. r ❑Agent
II Print your name and address on the reverse X ' ""----O Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: 0. Is delivery address different from item 1? O Yes
If YES,enter delivery address below: O No
MR. & MRS. DANIEL SCHRAM
PO BOX 145
BRIGHTON, CO 80601
3. Service Type
XXtertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑ Yes
2. Article Number
(rransferfrom service label) 7000 0520 0025 0404 6391
PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509
44)t* MEMORANDUM
Wg` a TO: Bethany Salzman, Zoning Compliance Officer
COLORADO DATE: February 22, 2002
g�
FROM: Sheri Lockman, Planner II
SUBJECT: VI-0200001
On February 21, 2002 I conducted a field check of the property located on the S2NW4 of
Section 33, Township 1 North, Range 67 West of the 6th P.M., Weld County Colorado. The
property contains derelict commercial equipment (see photograph dated 02/21/2002). The
photograph was taken from Weld County Road 17.
rit—rt;ts,)
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
lige
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
WELD COUNTY
ZONING VIOLATION NOTICE
January 11, 2002
Mr. & Mrs. Daniel Schram
PO Box 145
Brighton, CO 80601
Subject: VI-0200001, Part of the S2NW4 of Section 33,T1 N, R67W of the 6th P.M.,Weld County, Colorado
Dear Mr. & Mrs. Schram:
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 III, 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.G "Junkyards or salvage yards."
To bring your property into compliance with the Weld County Code:
The storage of derelict commercial equipment on your property constitutes a"salvage yard". As I previously indicated
during our conversation, a Use by Special Review permit shall be obtained to continue this type of operation. As you
requested, I have enclosed a Use by Special Review application.
Even though you stated that this would be a temporary situation,the Department of Planning Services staff does not have
the authority to grant an extension for the length of time that you have determined. During our phone conversation you
stated that by the term"temporary"you were talking around 2 years.
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,January 11,
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,
BI 2 ,2i2
ethany Salzma
Zoning Compliance Officer
pc: VI-0200001
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
•
iiit;Nrss),
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
' Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
Co1555 N 1htho e: (970) 53-610, CO . 3541
Phone: (970) 353-6100, Ext. 3540
•
Fax: (970) 304-6498
COLORADO
January 8, 2002
Mr. & Mrs. Daniel Schram
PO Box 145
Brighton, CO 80601
Subject: VI-0200001, Part of the S2NW4 of Section 33,Ti N, R67W of the 6'h P.M.,Weld County, Colorado
Dear Mr. & Mrs. Schram:
It has come to the attention of the Department of Planning Services'staff that the uses on your property may not
be in compliance with the Weld County Code. The potential noncompliance with the Weld County Code is a
salvage/storage yard without the required Weld County Zoning permits.
I would suggest that you come to the office and speak to one of our"On-Call Planners" (Monday or Wednesday,
7:30 a.m. -4:00 p.m. or Friday, 12:00 p.m. -4:00 p.m.) No appointment is necessary because individuals are
seen in the order they sign in.
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,
faLW,akt#t„)
Bethany Salzman
Zoning Compliance Officer
pc: VI-0200001
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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�. DEPARTMENT OF PLANNING SERVICES
WIIDc
Code Compliance Division
Ns\ 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
y4j V Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
V ZONING CODE COMPLAINT ❑ Staff/Name: )( Citizen 0 Other:
o HEALTH DEPARTMENT Citizen's Name(If known): int `( l i
o WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): O1 I t (,✓ `C\V
o BUILDING CODE COMPLAINT z3_-riot; _1111 riF7J\
❑ PUBLIC WORKS/PEST&WEEDS
kat - Date Complaint was received: I ILI jl_%;,
1�_y j\
Pending Case#(i.e..U�7SR,RE,SE,ect...): �
Legal Description:�_ kLCLI Cbzz \ c (131Lr) 1` }Parcel#: .k 1'r '41• C 'CC) • ("\eg
Violation Address: Z15 1..L .. lk—I
C 'tltCscr y
Property Owners Name: - '\. Xlf e k 2 m 1C YtQ .l IS Phone:
Property Owners Address: P- '- rR)( E) -3L\ tcY} C U Ctf,
Tenant's Name: Phone:
Tenant's Address:
f
NATURE OF COMPLAINT: C.L 1^l'l O/1,.%�XIAi (-)C) YQ,fill (
�7��� � w�Lc Y .te5 LizCV( Cy Frc'ct lug`. 't%' UC$�
Jtj
Complaint Referred To: Date:
Complaint Referred To: Date:
Additional Notes: —4 4 1L k`f\ c C !k_ k1<-). a ``Alf,kt l ?N Yi I C�'`\ \,,e-t,' i-t<d .
t ��
II IINIii111111111liltIli!l !j!j��IrealNilhill
1 of 1 R 5.00 D 24.ee JR SiuRI.20
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? -, record the day of ,A.D. 19_, at oblock_N. RECORDER,
...,.-option go. By DEPUTY.
WARRANTY DEED
Date
Documen Fee
THIS DEED, Made on this day of September 30.1999 • vote /0 -5-A itf
- between- GRIST PIVONRAPINV,j CENERAL PARTNERSHIP UV PARINERSiiIP di,of the County of fARIMER and State of Colorado , of the Granor(s), and
DANIEL SCHRAM AND MICHELE SCHRAM
,i l i,
whose legal address is : W-C08OD0I
of the County o WE6ILD and State of Colorado , of the Grantee(s):
Wy1TBBS, met the Grantor(s), for and In consideration of the sus of ( 5240,000.00
"'Two Hwdad Fony Thousand and OO/IDO ere DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents-date-grnt, bargain, sell, convey-ait-confirt-wito-the-Grantee(s)1 their-heirs-and-assigns-forever; -
not in tenancy in common but in Joint tenancy, all the reel property, together with improvements, if wry, situate,
lying and being in the County of WELD and State of Colorado, described as follows:
THE SOUTH 1/2 OP THE NORTHWEST 1/4 OP SECIION 33.TOWNSHIP I NORTH.RANGE 67 WEST,OF THE 6TH P.M..
COUNTY OP WELD.SLATE OP COLORADO.
EXCEPTING AND RESERVING AN11O GRANTOR ML OIL GAS, MINERALS AND MINERAL RIGHTS AS
PRESENTLY CANED BY GRANTOR.
also known as street number VACANT LAND,BRIGHTON,CO 8O6O1
TOGETHER with all and singular and heredltaaents end appurtenances thereto belonging, or In anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and sll the estate, right
title interest, claim and demand whatsoever of the Grantorts), either in law or equity, of, fn and to the above bargained
premises with the hereditament' and appurtenances;
TO ItAVEAND TO HOLD the said premiss above bargained and described with appurtenances, unto the Grntee(s),
their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, dos covenant, grant,
bargain, and agree to end with the Grantee(s), their heirs and assigns, that at the time of the insetting and delivery
of these presents, he fs welt seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in Lew, in fee simple, and hes good right, full power end lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the same aro free and clear from all former end other
grants, bargains, sales, liens, taxes, assessments,
euibrncs and restrictions of whetever kind or nature soever,
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1999 AND SUBSEQUENT YEARS,AND S1B)IE.C1'TO THOSE
EXCEPTIONS REFERRED TO IN THT.E INSURANCE COMMTIMENT NO. FC196329 ISSUED BY LAND TITLE GUARANTEE
COMPANY.
The Grantor(*) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grntee(s), his heirs and assigns, against all and every person or persons irefully claiming the whole
or any pert thereof. The singular number shall include the plural, and the plural the singular, and the use of any gander
shall be appl feeble to ell genders.
NO W'ITNE.SS WHEREOF the Grntor(s) has executed this deed on the dote set
forth above.
anal 1T)KADO GENERAL PARTNERSHIP
PM: NE:t,SFIIP
BY:ALVIN B.GEIS1',GENERAL PARTNER
STATE OF Colorado
>es.
Canty of IARIMBR
The foregoing instrument was eeloswledged before me on this day of 3Q�1999
by ALVIN B.GEiST AS ORNER*IL PARTNER OP GHST PIVON�INV- A.COLO � llAl,-PARTIMES ILP
Ny commission expires /
re
witness my hand d official alil. - _
t
. \ Notary Pub
Name end Address of Person Creating Newly Crated Legal Deseriptin ( 36-35-106.3, C.R.S.)
EserosN FC196329 Olen Recorded Return to: DANIEL $CN�_ANDJIICN SCN ElE RAN
Title# FC196329 - -' � C ' te 14. y?1.
Form NO. 921A Rev 4.94. WARRANTY DEED (To Joint Tenants) Ht ;1/4.a
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