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Home My WebLink About20022973.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST WILLIAM AND JODENE MOORE 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, William and Jodene Moore, VI #0200447, 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 12th day of November, 2002, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, William Moore, 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 December 12, 2002, to allow adequate time for the property owners to screen the noncommercial junkyard, 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 #0200447 be, and hereby is, referred to the Weld County Attorney's Office for legal action against William and Jodene Moore 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 12, 2002, to allow adequate time for the property owners to screen the noncommercial junkyard. 2002-2973 PL0824 &O; /L J CVO VIOLATIONS -VI #0200447 -WILLIAM AND JODENE MOORE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of November, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COORA�O ATTEST: '" l 4-U4 1 t i;1 . „ C 1/4 .-7:t(‘-2) � VG n Vaad Chair Weld County Clerk to the I ar. ;„ V- 18614 avi. E. I.ng, Pro-Ter ' BY: g• �• ;�: .�: A Deputy Clerk to the Bo f V J N°S,F ,,� fir. I M. J. Geile PPROVED AS TO FORM: EXCUSED G W' is H. Jerke 7,e6unty Attorney ,. y �� 'IV W,_ Robert D.`Masdgn Date of signature: //d 2002-2973 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Mr.&Mrs. William Moore Violation: VI-0200447 Noncommercial Junkyard consisting of derelict vehicles and an airstrip without a Use by Special Review. Address: 23454 CR 15,Johnstown,CO 80534 Legal: Lot A of RE-934 also known as part of the N2SW4 of Section 5,T4N,R67W of the 6th P.M.,Weld County,Colorado Location: The City of Johnstown has annexed adjacent to the West,East and South. The property is West of and adjacent to CR 15 and IA a mile South of CR 50. North: Agriculture/Residential South: ° City of Johnstown/Residential East: City of Johnstown/Residential West: City of Johnstown/Residential Parcel Number: 1059-05-3-00-011 Acreage: 6.54 Certified mail date: October 29,2002 Received: Currently the property is in violation of Chapter 23,Article III,Division 1 of Sections 23-3-20,23-3-30,23-3-30.I, 23-3-40,23-3-40.B.3 and 23-3-40.F of the Weld County Code. REMEDY To bring the property into compliance the property owner shall remove,repair or completely screen the Noncommercial Junkyard from all adjacent property owners and public rights-of-ways. Additionally, a Use by Special Review application shall be completed and submitted for review for the Airstrip. RECOMMENDATION Because the Weld County Code does not specifically address the use of"Ultralights"as an aircraft and thus does not address this type of an airstrip,the Department of Planning Services recommends that interpretation of "Airstrip"be determined by the Board of County Commissioners. If it is determined that this is an airstrip, as defined by the Weld County Code,the Department of Planning Services recommends that this case be referred to the County Attorney's Office,but to delay action for 90 days to allow adequate time for the respondent to complete and submit a Use by Special Review application. If it is determined that this is an airstrip that is not addressed by the Weld County Code,the Department of Planning Services recommends that this case be dismissed. CASE HISTORY July 26,2002 Initial complaint received. August 1,2002 Received additional complaint. 2002-2973 Violation Summary Cont. Page 2,VI-0200447 August 21,2002 Initial inspection completed. August 22,2002 Five day compliance encouragement letter issued. August 29,2002 Violation letter issued. October 25,2002 Property inspected. Property still in violation. October 29,2002 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. y :.-.. �. 5,'f; =: ♦ • Yv 4. f • a .m.---...., _ - - 3 C—t ,4 P 1 `r.:C— cam- _. _ - - . .- - _ �J- Y , .l r:• -Si : _ , \ :. _liI, ,h ;t 4. _ r• _ • '\` is t \. _ �.. T-i„\. - -- --._- - _______ L., T-_ _ _-_.tea_.___ SIN i . 1:1-1; ;1-14- a •a ��. :Se! Coif ran ii sI, r• _ ggf en •p It_ rte. .• - -.•„•'r +.•.•r - .......•• • , _.....-- awasikz.z-nr-ez..--.4 _.,.;,,.,, . Iota 110,-,17:-4::::,.)::,. .0(i4mitliirilsi . ,.. .4. . . , .. ,...., _:._ amista _______ _ _ __ it , •,... -. �'Y�!'fPillats ^_ •.1 i V r i' •'• - - -4 i —� = `.:___ �: r ' i. ia 1r is , r I i/ s • -46 ( `� \' i•,4 , • f . •.. n If.4 t.-,-' { .' _• _ � n _ • _ . - .. . yt'. 4. f . , -• -. �1Y Kita ' C DEPARTMENT OF PLANNING SERVICES Code Compliance Division 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 October 29, 2002 Mr. & Mrs. William Moore 23454 CR 15 Johnstown, CO 80534 Subject: VI-0200447, Lot A of RE-934 also known as part of the N25W4 of Section 5,T4N, R67W of the 6`h P.M., Weld County, Colorado Dear Mr. & Mrs. Moore:: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on November 12,2002,at 10:00 a.m.,to consider the violations occurring on the property. As we discussed the above mentioned 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 23-340 "Uses by special review." Section 23-3-40.B.3 "Crop dusting or spraying operations facilities (includes hangars, landing trips, fertilizer storage facilities,insecticide storage facilities,tuel storage facilities and Offices Accessory to the crop dusting or spraying operation." Section 23-3-40.F "AIRPORTS and AIRSTRIPS." To bring the property into compliance the following option(s)are available: The "Noncommercial Junkyard" consisting of derelict vehicle shall be restored, removed or screened from all adjacent property owners and public rights-of-way. Since I have received an e-mail from you stating that you are not operating a mechanic shop from the property,this aspect of the violation will be closed;however, please be advised that no money or services can exchange hands as a result of your working on vehicles. Lastly,regarding the air strip(run way),a Use by Special Review application shall be completed and submitted for review in order to maintain this use on the property. As we discussed,the other option was to attend this hearing to allow the Board of County Commissioners to make the determination regarding the validity of the air strip(run way). 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. Mr. &Mrs. Moore Page 2 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 Salzman Zoning Compliance Officer pc: VI-0200447 Department of Planning Services Bruce Barker, County Attorney U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) ru rn u7 Postage I $ CI D Certified Fee I IIT Return Receipt Fee I Postmark f1J (Endorsement Required) Mere Cl Restricted Delivery Fee I I O (Endorsement Required) o Total Postage&Fees $ I ru t.n Recipient's Name (Please Print Clearly)(To be completed by mailer) MR. & MRS. WILLIAM MOORE O Street,Apt.No.;or PO Box No, 2345.4 CR k5 O City,State,ZIP+4 r )OH,jIrOWN CO 8051[ SERVICE,TEAMWORK,INTEGRITY,QUALITY i i__. _.. RE934....._ ..M Bethany salzman Re VI O200447 LOT ^ ^f q„n cV ^„m ,A.Page 1W From: <Heymisterbill@aol.com> To: <bsalzman@co.weld.co.us>, <charding@co.weld.co.us> Date: 09/03/2002 4:47PM Subject: Re:VI-0200447, LOT A of RE-934 Bethany, have done extensive research in the Weld County codes and have come up empty handed as far as being in any violation with sections 23-3-40.f, 23-3-40.b.3, and 23-3-40. My personal hobby is a far cry from the alleged violation of section 23-3-40.6.3; "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)." Please let me know of any other problems. I have contacted my(so called) friends about there derelict vehicles, and have notified them that they will be towed, if they are still present in one month. I have also communicated once again with the Colorado Aeronautical Board. Although they agree with my intentions they also believe I should take it up with the county, and stated that there should not be a problem as long as my only intentions are to use the field for my personal use. But also advise that I do contact the County V Attorney. 2OV I -- Thank you, Bill Moore 0 jotDEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US wig 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 August 29, 2002 Mr. & Mrs. William Moore 23454 CR 15 Johnstown, CO 80534 Subject: VI-0200447, Lot A of RE-934 also known as part of the N2SW4 of Section 5,T4N, R67W of the 6'h P.M., Weld County, Colorado Dear Mr. & Mrs. Moore: 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 fll, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 233.30.1 "Noncommercial junkyard." Section 23-3-40 "Uses by special review." Section 23-3-40.B.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." Section 23.3.40.F "AIRPORTS and AIRSTRIPS." To bring your property into compliance with the Weld County Code: The'Noncommercial Junkyard'consisting of derelict vehicle shall be restored, removed or screened from all adjacent property owners and public rights-of-way. Since I have received an e-mail from you stating that you are not operating a mechanic shop from the property,this aspect of the violation will be closed; however, please be advised that no money or services can exchange hands as a result of your working on vehicles. Lastly,regarding the air strip(run way),a Use by Special Review application shall be completed and submitted for review in order to maintain this use on the property. For your convenience,I am enclosing an Use by Special Review application.For questions,I would suggest that you come to the office and speak to one of our"On-Cal l 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. Definitions: DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); or is partially or totally dismantled;or has all or portions of its body work missing or is substantially damaged;or is not registered with the State of Colorado,as required by Section 42-3-103,CRS,or by Sections 42-3-138 or 42-12-102,CRS,and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, CRS; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment as required in Sections 42-4-202 to 42-2-227, CRS. This definition shall not include; implements of husbandry,farm tractors, or vehicles customarily operated in a FARMING operation. Mr. &Mrs. Moore Page 2 • Definitions continued • SCREENED: Construction and maintenance of fences, earth berrns or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise,light,heat or visual impacts of a USE on surrounding USES. NONCOMMERCIAL IUN KYARD:An area where any waste,JUNK,or used or second hand materials are stored or handled, including, but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials, and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES. The NONCOMMERCIAL JUNKYARD shall be totally enclosed within a building or structure or visually SCREENED from all adjacent properties and public rights-of-way. JUNK:Scrap brass, iron, lead,tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber,tinfoil, bottles, old or used machinery of any type; used tools, used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings;used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES;used tires and other manufactured goods that are so worn,deteriorated,or obsolete as to make them unusable in their existing condition. 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 29, 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 Salz n Zoning Compliance Officer pc: VI-0200447 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY Bethary salzmanVl 0200447 LOT A of^r-934 pwM Paew1 From: <Heymisterbill@aol.com> To: <bsalzman@co.weld.co.us> Date: 08/25/2002 1:33AM Subject: VI-0200447, LOT A of RE-934 Bethany, I am responding to your letter concerning the potential noncompliance with the Weld County code of operating an 'auto repair'facility. If you could please direct me to the chapter and section of the code in question I will review it. Personally I seriously doubt there has been any violation. My garage, like anyone else's, is used to work on my own vehicles and on occasion someone else's only to help them out. In regard to the snoopy neighbor report of an airstrip, yes I do have an open field and an ultralight. I was shocked when I saw this as a possible violation. I will try to rectify this situation. I have written a letter to the Colorado Aeronautical Board requesting the proper forms and steps that need to be taken. Sincerely, Bill Moore Bethany salzman- Re: VI-0200447 LOT r f RE-934 Page 1 I From: Bethany salzman To: "Heymisterbill@aol.com".GWIA.CENTDOMAIN Date: 08/29/2002 1:03 PM Subject: Re:VI-0200447, LOT A of RE-934 I apologize for the delay in response. I was out in the field all day Tuesday and Wednesday. I am in the process of completing a letter for you that I believe will address all of your questions. I will be e-mailing it to you shortly. Thank you. Bethany Salzman Zoning Compliance Officer Weld County Department of Planning Services (970)353-6100 Ext. 3540 bsalzman@co.weld.co.us >>> <Heymisterbill@aol.com> 08/29/02 12:58PM >>> Subject:VI-0200447, Lot A of RE-934 Bethany, Today marks the fifth working day deadline referred to in your letter. Although it was not said in your letter, all emails would not be considered official unless directed to <A HREF="mailto:chardinanco.weld.co.us"> chardinaBco.weld.co.us</A>, I had forwarded my response to them also. If I do not receive a response to this matter by the end of today, I will consider this case closed due to my"progress to close the violation" efforts requested in your letter. Thank you, Bill Moore Bethany Salzman Re VI 0200447 LOT RE-934 Page_1 From: Bethany salzman To: "Heymisterbill@aol.com".GWIA.CENTDOMAIN Date: 08/29/2002 1:21 PM Subject: Re:VI-0200447, LOT A of RE-934 Please see the attached letter that I will also be sending in the mail along with a Use by Special Review application. If you have any additional questions, please do not hesitate to contact me. Thank you in advance. Bethany Salzman . Zoning Compliance Officer Weld County Department of Planning Services (970)353-6100 Ext. 3540 bsalzman@co.weld.co.us >>> <Heymisterbill@aol.com>08/29/02 12:58PM >>> Subject: VI-0200447, Lot A of RE-934 Bethany, Today marks the fifth working day deadline referred to in your letter. Although it was not said in your letter, all emails would not be considered official unless directed to <A HREF="mailto:chardinaeco.weld.co.us."> chardinal&co.weld.co.us</A>, I had forwarded my response to them also. If I do not receive a response to this matter by the end of today, I will consider this case closed due to my"progress to close the violation"efforts requested in your letter. Thank you, Bill Moore DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us O 1555 N. 17th Avenue, Greeley, CO 80631 III I O • Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO August 22, 2002 Mr. & Mrs. William Moore 23454 CR 15 Johnstown, CO 80534 Subject: VI-0200447, Lot A of RE-934 also known as part of the N2SW4 of Section 5,T4N, R67W of the 6t° P.M., Weld County, Colorado Dear Mr. & Mrs. Moore: 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 the operation of an 'auto repair'facility without the required Weld County permits. Additionally,we have received a complaint regarding an 'air strip' being added to your property. 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 Y Zoning Compliance Officer pc: VI-0200447 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY O Weld County Department of Planning Services I f T1 Inspection Report COLORADO 1555 N. 17`" Avenue Greeley, CO 80631 Permit/CaseNo.: CCIDo ree•+\-A.)10,. arc, . cd Property0 Name: OZ 1�0yy1 • Address: ty1C Upon a visual inspection of the property listed above, the following items were noted: k)o5sl -- i ejn.xa roc \r Li 3 Vel\i‘C) Inspectionby: ContactName: $1:8\1:),1/4:5"CW" Contact Phone Number: 970-353-6100. Ext. 3540 Copy of this inspection was: O Left on site g Mailed on: S-Z.2- (1'2 Pictures on file: O Yes YNo w.Parcel Table Mriintentini:e El Parcel No:11059-055-3-00-011 :-•„ _ Alt KY 670405 - __ Key: Primnry Addresi :,: :'.:. _:...., _ L.- Herat Information•• `• ;::. ..j.„..;;T_,,....,.....:.....• No Dir / Street Name . - - c•IV:Id:I 1. $ulidivision:) '' II`` III — — 1�__J_l,Jr1 Lo _ _ ___ • t raft'� I :.. - .-, �elsxt,..w A�ldiesa.-.•-_,.----I - - - r— Are 0_00 Sinus.._:. -. _ _.:_.,_ Zoning _ __ - - _ . Census Tram -Gen 810 ; PrimgrvQwrrer_Information= >,:`_'_,.._:: _ - ..- = .. :.. _ XCoord;I Y _ olio - Leael Desc7i n: ::•,. : ..... Cooed: Name:1MOORE WILLIAM H&JODENE K • PT N2SW4 5-4-67 LOTA REC EXEMPT RE-934(.46R) .:1••:: `Address 1:.123454 WELD CO RD 15 Address 2IJOHNSTOWN CO :Address 3;l Address 4:I _ • Zip:180534 -• • Use Code:1 J I --- •Phone 1:1 •• • • _ • '' TRA 2371 •I Exempt r_.•";. Phone2:I Stratus:ACTIVE + NiitaGon:� I •J • GovtOwned:l : : . i T 'e:VtO Ve►s:101 Violation(Activity) - Permit N: IVI-0200447 Address:: 23454 CR 15 WEL Status: f COMPLNT • APPLICANT:IMOORE WILLIAM&JODENE ,',Inn') a..-4 cry,., r Data:• 108/1F'Inn , Base Information . . PIIE 3. Ef IE ii Back pesc iaeen 1' - - - l�adate Paroel No: J1059-05 3 0Q-011 . - I ' I . Owner JMOORE WILLIAM H$JODENE K:::,:1:.-.: :-;,:",':!::::::,7.:'''':::' • I Status::- COMPI NT J Written By I BJS Sec/Tvrn/Rn 05 04 67 ` Description .110+derelictvehicles 8 installed an airstrip w/ou ' Locebon J23154 CR15 WEL }' k:--4-is ti -, Zoning.Dist_ (AGRI Inspection f V1 PermitNum: J , fig -: App type: IVI (BCV-BLONG VIQ.VI=ZONING VI O,WCJ=WELD VIO"b v•vi') ' � t pass Code: IVI-6 "` � .'ii,...-NO: x ,'24:':•''4:: .;p — - 1B41SIN ,S$"-`,::::' _ _ - s :i - :, :r Complaint .108/01/2002 Init BJS NO VI: J_/�_ Init .�� .r 'Issued:. I_/_/— Ink I• — - 4v ...s Inspe iop: J—/—/— I _ Init PS Vio: I—/—/___ Init: I I I Court —�7 / Ink _ Closed BCV: �/�/� Init: Closed VI: I—/—/— Init�— _ AStart I GroupWise-M 1 j'PERMITS'Plus 1 KT,Coral WordPert_. 1 (aArcView GIS 3.281 ry,6:Base Intormatio_I 7 WBT-PRNTS.. 11-644-(70567:56 AM (it DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division C 1555 N. 17th Avenue, Greeley, CO 80631 , I CI" Phone: (970) 353-6100, Ext. 3540 • J Fax: (970) 304-6498 COLORADO ZONIN L G CODE COMPLAINT FORMS Complaint Initiated by: It ZONING CODE COMPLAINT a Staff/Name: K Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): kY I ea:511 n o WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): U o BUILDING CODE COMPLAINT o PUBLIC WORKS/PEST&WEEDS VOLDate Complaint was received: $' O Pending Case#(i.e. USR,RE, SE,ect...): ..�55 Legal Description: Lok- eE I-Il3aci.1 cc C'-r.73 ?-..LDJIU}arcel#: -1�"05`j•( fleC)\ Violation Address: a? L1F 1, I P (y Property Owners Name: Metre.,I t..o l l lsare k e .adertg., Phone: Property Owners Address: -gn`ilt'l.`Y17N.O11 In 5 i Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: 'O+ I1J&,2 a ill- VP 1111C LU l ttA No OJ\ A\tf ti — Complaint Referred To: Date: Complaint Referred To: - Date: Additional Notes: L-'7i'l'LlD- . 6 f'< Z5 tics DEPARTMENT OF PLANNING SERVICES C 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: 7 ZONING CODE COMPLAINT ❑ Staff/Name: Citizen ❑ Other: 7 HEALTH DEPARTMENT Citizen's Name(II known): '3P it 1/4406C 7 WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): CriO' at"s° - esn 3 BUILDING CODE COMPLAINT 7 PUBLIC WORKS/PEST& WEEDS Date Complaint was received: 1.47q�o-DZ Pending Case#(i.e.USA, RE,SE,ect...): Legal Description: LAS' A Cc �F.•(ANA',X 1 SST4Rlo1 Parcel#: 'fl 4. On-f-vbr OI\ Violation Address:11?.:\i—W.:14 CI.iS Property Owners Name: trimrf. IA')e 1 0i Phone: Property Owners Address: fY�sVlk n?. n i ( t1 ��2,ki Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: \C I- (*AEI ill VI,hit-liI>- YiLln KCO;r :}1C^f3 Cr\ triNro L.Or ut\Kr3t 't.t n Complaint Referred To: __. Date: Complaint Referred To: Date: Additional Notes: Recorded at o'clock Recorder. AR2Y1369& WARRANTY DEED THIS DEED,Made this 27TH day of OCTOBER,1994 between STEVEN ANDERSON and DEBRA M-ANDERSON of the County of and State of,grantor, and WILLIAM H.MOORE and JODENE K.MOORE whose legal address is 23454 WELD COUNTY ROAD 15, /b' JOHNSTOWN,COLORADO 80534 of the County of WELD and State of COLORADO,grantees: WITNESS, that the grantor, for and in consideration of the sum of ONE HUNDRED SIXTY THOUSAND AND 00/b aths DOLLARS, ($160,000.00),the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant, bargain, sell, convey and confirm unto the grantees,their heirs and assigns forever,not in tenancy in common but in Joint tenancy, all the real property, together with improvements, if any,situate, lying and being in the County of WELD,and State of Colorado, described as follows: LOT"A" OF RECORDED EXEMPTION NO.1059-05-3-RE934 BEING A PART OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 5,TOWNSHIP 4 NORTH,RANGE 67 WEST OF THE 6TH P.M.,AS PER MAP RECORDED NOVEMBER 25,1986 IN BOOK 1136 AT RECEPTION NO.2078405. COUNTY OF WELD, STATE OF COLORADO. aJ also known by street and number as 23454 WELD COUNTY ROAD 15,JOHNSTOWN,COLORADO 80534 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof,and all the estate, right,title, interest,claim and .$2 demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,their heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantees, their heirs and assigns,that at the time of the ensealing and delivery of these presents.he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens,taxes, assessments,encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year,a lien but not yet due or payable,easements,restrictions,reservations,covenants and rights-of-way of record,if any, 2- l3U9S P-14w, P-1028 11/02/94 04: 17P PG 1 OF I NEC DOC Nary Ann c:.erste in Welt] Co. . Clerk Al hecorder 5.00 16.00 The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees,their heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. {A y`�/y�/l- "l�C-t-r.GdYe,4�^ -- b1NDERSO ll�M.ANUEKSON " il STATE OF COLORADO )ss. COUNTY OF LARIMER ) b, - • The foregoing instrument was acknowledged before me this 27TH day of OCTOBER, 1994 by AyEN ANDERSON a DEBRA M.ANDERSON • My commission expires: 08-04-97 Witness my and and official �i9- zEI / / Notary Public No.921A.Rev.3-85 WARRANTY DEED(to Joint Tenant,) I • PERFORMANCE 'Takeoff Distance, ground roll 116511 j I 'Takeoff Distance, 50 ft obst 1200f1 I 'Rate of Climb 11900ft/min • Max Level Speed, Sea Level $54mph 'Landing Distance, ground roll (wlbrake) $6011 I I a, 55%power- 5000 rpm 144mph • I (A 65% power _5300 rpm 'i47mph la 75%power- 5500 rpm 150mph I@ 100% power-6500 rpm jt54mph jVa(Design maneuvering) 1148mph IVs(Stall, power off) J124mph I "Landing Approach Speed(1.3 Vs) (31 mph • Runway Approx. 550' x . Time taken for ultralight to travel from one cad to the other and achieve 133'AGL(above ground level) • 11 seconds Altitude above property line after takeoff u; 900Ft/Min Approx. 200' Ultralight can easily be turned 180 degrees @5O'AGL if needed for noise abatement.Making it possible'to cross property line at any altitude range within 200-10,000'AGL I EXHIBIT A Its o2oc» 7 Must Ultralights Follow Other FAA Regulations? http://www.gnet.com/—robertc/faarules.html Must Ultralights Follow Other FAA Regulations? The Federal Aviation Administration (FAA), governs aviation in the United States. Ultralights are defined and regulated by Federal Aviation Regulation (FAR) Part 103. In FAR Part 103, an ultralight is defined as a vehicle. Other FAR's, refer to aircraft. Since the FAA defined an ultralight flying under Part 103 as a vehicle, and since other FAR's use the word aircraft, are ultralights also required to follow other FAA regulations, such as Part 91? Well, believe it or not, ultralights are not required to follow other FAA regulations (except those parts referenced in Part 103.20). In fact, FAR 91.1 specifically excludes ultralights from Part 91 requirements. I personally, have mixed emotions on this, because I do believe that for safety reasons, we certainly could or should follow some portions of Part 91. Even though we may not be required to follow this regulation, I believe at the very least, ultralight pilots should read and be familiar with this regulation. A while ago, I wrote the the FAA, asking for them to clarify their position on this matter for me. Here is my request to the FAA: >Subject: Regulations >From: Bob Comperini <robertc@gnet.com> >To: FM >Date: 12/18/1998 8:56 AM >Greetings, >I am an active ultralight flight instructor with the United States >Ultralight Association. >As you know, ultralights are regulated by FAR Part 103. >Quite often, I get asked the question whether or not ultralights are also >subject to other FAR's (such as Part 91, VFR rules, etc.). This question >comes up a lot because in FAR Part 103, ultralights are defined as >"vehicles" (not"aircraft"). Other regulations, including Part 91, talk >about"aircraft". >Some people think this means that ultralights are exempt from any portion >of this regulation, solely because of the words "aircraft" .vs. "vehicle". >When I train students, I make them very much aware of Part 91, and tell >them that pertinent parts of this regulation should also be followed (even >if we're not required to), for safety reasons, if nothing else. (As an >example, 91.159 -VFR Cruising altitudes). >Can you give me any guidance (or references)where I can get these terms >("vehicle" and "aircraft")clarified? Why did Part 103 call ultralights >"vehicles"? How would you answer the question of whether or not Part 103 >ultralights are "exempt"from any other FAR? I of 2 11/12/2002 8:43 AM Must Ultralights Follow Other FAA Regulations? http://www.gnet.com/—robertc/faarules.html >Thanks in advance. Here is the response I received from the FAA: >Date: Tue, 05 Jan 1999 15:34:47 -0500 >From: "WebmasterAFS"<WebmasterAFS@faa.gov> >To: <robertc@gnet.com> >Subject: Re: Regulation >>>Can you give me any guidance (or references)where I can get these terms >("vehicle" and "aircraft")clarified?« Sure. The term "aircraft is defined in FAR Part 1. It says, "Aircraft" means a device that is used or intended to be used for flight in the air. The term "vehicle"and "ultralight" is not defined in FAR Part 1. One could interpret the definition of"aircraft" to also include ultralights since they are indeed a device intended to be used for flight. But, in the preamble to the original FAR 103 (as published in the Federal Register on Sept. 2, 1982)we state that ultralights would not be considered aircraft for purposes of airworthiness certification and registration nor would their operators be subject to the same pilot certification and operational requirements as aircraft operators. FAR 103 does not require airman/aircraft certification or vehicle registration but, rather, is premised on the absolute minimum regulation necessary to ensure safety in the public interest. We used the word "vehicle" since the common meaning of the word is a device or structure for transporting persons or things. We purposely did not want the word aircraft used in the context of describing an ultralight. >>>Some people think this means that ultralights are exempt from any >portion of this regulation, solely because of the words "aircraft" .vs. >"vehicle".« And they're right. Ultralight operators are*NOT*subject to any regulation other than FAR Part 103. That regulation contains all the operational conditions and limitations necessary to ensure safety in the public interest. Part 91, as you point out, pertains to aircraft. In fact 91.1(a) specifically excludes ultralights. That section states: "(a) Except as provided in paragraph (b) of this section and Sec. 91.703, this part prescribes rules governing the operation of aircraft (other than moored balloons, kites, unmanned rockets, and unmanned free balloons, which are governed by part 101 of this chapter, and ultralight vehicles operated in accordance with part 103 of this chapter)within the United States, including the waters within 3 autical miles of the U.S. coast." I don't disagree with you teaching ultralight operators about other FARs such as 91, 135, etc. Even though 103 is the only regulation that applies to them, some basic knowledge of other regulations probably doesn't hurt. Ditto other FAA documents such as the AIM, etc. Best Regards Rick Cremer, Aviation Safety Inspector(Ops and AWS) Copyright©2000-2002,Bob Comperini-All Rights Reserved JE-Maill [Home Pagel [Flight Instruction Services] (Photo Gallery] [FLY-UL Mailing list] 2 of 2 11/12/2002 8:43 AM FAR Part 103-Ultralights http://members.tripod.com/—DragonFlight/3dr103.html Federal Aviation Regulations Part 103 - Ultralight Vehicles Federal Aviation Administration Take a look at the FAA site Canadian Aviation Regulations Download FAR 103 Text File FAA regulations concerning Ultralight Aircraft Download Advisory Circular 103-7 FAA definition of what is a legal ultralight, and what must be registered as a homebuilt .Subpart A- General 103.1 - Applicability 103.3 - Inspection Requirements 103.5 - Waivers 103.7 - Certification and registration Subpart B - Operating Rules 103.9 - Hazardous Operations 103.1 1 -Daylight Operations 103.13 - Operation near aircraft: right-of way rules 103.15 - Operations over congested areas 103.17 - Operations in certain airspace 103.19 - Operations in prohibited or restricted areas 103.20 - Flight restrictions in the proximity of certain areas designated by notice to airmen 103.21 - Visual reference with the surface 103.23 - Flight visibility and cloud clearance requirements Subpart A - General Authority: 49 U.S.C. app. 1348, 1354(a), 1421(a), 1422, and 1423; 49 U.S.C. app. 1655(c). Source: Docket No. 21631, 47 FR 38776, Sept. 2, 1982, unless otherwise noted. 103.1 Applicability. This part prescribes rules governing the operation of ultralight vehicles in the United States. For the purposes of this part, an ultralight vehicle is a vehicle that: 1 of 6 11/12/2002 8:44 AM FAR Part 103 -Ultralights http://members.tripod.com/—DragonFlightl3drl03.html (a) Is used or intended to be used for manned operation in the air by a single occupant; (b) Is used or intended to be used for recreation or sport purposes only; (c) Does not have any U.S. or foreign airworthiness certificate; and (d) If unpowered,weighs less than 155 pounds; or (e) If powered: (1) Weighs less than 254 pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation; (2) Has a fuel capacity not exceeding 5 U.S. gallons; (3) Is not capable of more than 55 knots calibrated airspeed at full power in lever flight; and (4) Has a power-off stall speed which does not exceed 24 knots calibrated airspeed. 103.3 Inspection requirements. (a) Any person operating an ultralight vehicle under this part shall, upon request, allow the Administrator, or his designee, to inspect the vehicle to determine the applicability of this part. (b) The pilot or operator of an ultralight vehicle must, upon request of the Administrator, furnish satisfactory evidence that the vehicle is subject only to the provisions of this part. 103.5 Waivers. No person may conduct operations that require a deviation from this part except under a written waiver issued by the Administrator. 103.7 Certification and Registration. (a) Notwithstanding any other section pertaining to certification of aircraft or their parts or equipment, ultralight vehicles and their component parts and equipment are not required to meet the airworthiness certification standards specified for aircraft or to have certificates of airworthiness. (b) Notwithstanding any other section pertaining to airman certification, operators of ultralight vehicles are not required to meet any aeronautical knowledge, age or experience requirements to operate those vehicles or to have airman or medical certificates. (c) Notwithstanding any other section pertaining to registration and marking of aircraft, ultralight vehicles are not required to be registered or to bear markings of any type. Subpart B - Operating Rules 103.9 Hazardous operations. (a) No person may operate any ultralight vehicle in a manner that creates a hazard 2 of 6 11/12/2002 8:44 AM FAR Part 103-Ultralights http://members.tripod.corn/—DragonFlight/3dr103.html to other persons or property. (b) No person may allow an object to be dropped from an ultralight vehicle if such action creates a hazard to other persons or property. 103.11 Daylight operations. (a) No person may operate an ultralight vehicle except between the hours of sunrise and sunset. (b) Notwithstanding paragraph (a) of this section, ultralight vehicles may be operated during the twilight periods 30 minutes before official sunrise and 30 minutes after official sunset or, in Alaska, during the period of civil twilight as defined in the Air Almanac, if: (1) The vehicle is equipped with an operating anti collision light visible for at least 3 statute miles; and (2) All operations are conducted in uncontrolled airspace. 103.13 Operation near aircraft; right-of-way rules. (a) Each person operating an ultralight vehicle shall maintain vigilance so as to see and avoid aircraft and shall yield the right-of-way to all aircraft. (b) No person may operate an ultralight vehicle in a manner that creates a collision hazard with respect to any aircraft. (c) Powered ultralights shall yield the right-of-way to unpowered ultralights. 103.15 Operations over congested areas. No person may operate an ultralight vehicle over any congested area of a city, town, or settlement, or over any open air assembly of persons. 103.17 Operations in certain airspace. [No person may operate an ultralight vehicle within Class A, Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless that person has prior authorization from the ATC facility having jurisdiction over that airspace.] [(Arndt. 103-4,Eff.9/16/93)] EFFECTIVE DATE NOTE:Arndt. 103-4, 56 FR 65662,Dec. 17, 1991, revised Sec. 103.17 effective September 16, 1993. The text of Sec. 130.17 in effect until September 16, 1993 reads as follows: Sec. 103.17 Operations in certain airspace. No person may operate an ultralight vehicle within an airport traffic area, control zone, airport radar service area,terminal control area, or positive control area unless that person has prior authorization from the air traffic control facility having jurisdiction over that airspace. [Doc. No. 23708, 50 FR 9259,Mar. 6, 1985] 3 of 6 11/12/2002 8:44 AM FAR Part 103-Ultralights http://members.tripod.com/—DragonFlighd3drl03.html 56 FR 65638,No. 242,Dec. 17, 1991 SUMMARY: This final rule amends the Federal Aviation Regulations(FAR)to adopt certain recommendations of the National Airspace Review(NAR)concerning changes to regulations and procedures in regard to airspace classifications. These changes are intended to: (1)Simplify airspace designations; (2) achieve international commonality of airspace designations; (3)increase standardization of equipment requirements for operations in various classifications of airspace;(4)describe appropriate pilot certificate requirements, visual flight rules(VFR) visibility and distance from cloud rules, and air traffic services offered in each class of airspace; and (5)satisfy the responsibilities of the United States as a member of the International Civil Aviation Organization (ICAO). The final rule also amends the requirement for minimum distance from clouds in certain airspace areas and the requirements for communications with air traffic control(ATC)in certain airspace areas; eliminates airport radar service areas(ARSAs), control zones, and terminal control areas(TCAs)as airspace classifications; and eliminates the term "airport traffic area." The FAA believes simplified airspace classifications will reduce existing airspace complexity and thereby enhance safety. EFFECTIVE DATE: These regulations become effective September 16, 1993, except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605, 71.607, and 71.609 and Part 75 become effective December 12, 1991, and except that amendatory instruction number 20,Sec. 71.1, is effective as of December 17, 1991 through September 15, 1993, and that Secs. 71.11 and 71.19 become effective October 15, 1992. The incorporation by reference of FAA Order 7400.7 in Sec. 71.1 (amendatory instruction number 20)is approved by the Director of the Federal Register as of December 17, 1991,through September 15, 1993. The incorporation by reference of FAA Order 7400.9 in Sec. 71.1 (amendatory instruction number 24)is approved by the Director of the Federal Register as of September 16, 1993 through September 15, 1994. 103.19 Operations in prohibited or restricted areas No person may operate an ultralight vehicle in prohibited or restricted areas unless that person has permission from the using or controlling agency, as appropriate. 103.20 Flight restrictions in the proximity of certain areas designated by notice to airmen. No person may operate an ultralight vehicle in areas designated in a Notice to Airmen under ss91.143 or ss91.141 of this chapter, unless authorized by ATC. [Doc.No.24454, 50 FR 4969,Feb.5, 1985, as amended by Amdt. 103-3, 54 FR 34331,Aug. 18, 19891 103.21 Visual reference with the surface. No person may operate an ultralight vehicle except by visual reference with the surface. 103.23 Flight visibility and cloud clearance requirements. 4 of 6 11/12/2002 8:44 AM FAR Part 103-Ultralights http://members.tripod.com/—DragonFlight/3dr103.html [No person may operate an ultralight vehicle when the flight visibility or distance from clouds is less than that in the table found below. All operations in Class A, Class B, Class C, and Class D airspace or Class E airspace designated for an airport must receive prior ATC authorization as required in ssl 03.17 of this part. VFR Weather Minimums Table !' " ,nI'Ii1P�1C 1��'�1,:., �,f,!at 'II�), ;':'f!!:: ,. ,,,3 ,,,....-...._ "7'1"7":911111,7.. r97111701517-7' -� 7',.{_ Airspace iI ;,Flight Vssib(ity':; Distance from cloud's Class Aapplicable!: r, _ ,;, _...- __... ,Not applicable ' Not applicable Class B ,, 3 statute'miles Clear of Clouds 500 feet below. Class C ! 3 statute miles 1,000 feet above. ;'2,000 feet horizontal. ' 500 feet below,' Class D ,,> 4 ''':3 statueri iies'' 1,000 feet above. '' ' I li:!'! , ;! '' : 12,000 feet horizontal. Class'E 500 feet below Less than i '3 statute miles ' 1,1,000 feet above. 10,000 feet MSL , 2,000 feet horizontal. . Class E 1,000 feet below IIis '' At or above, 55 statute miles ,;j ! 1,000 feet above. 10,000 feet MSL !''' i. 1 statute mile horizontal. ,Class G ,, , . '1;200 feet or less above the ' 1 'statute mile I' Clear of clouds. surface (regardless of MSL'; ' altitude) ' Class G:,;.!;1!!;:!!!!!!!''''' ,' 500 feet below More than 1,200 feet above the 1 statute mile ' 1,000 feet above. surface,but less than 10,000 feet MSL ! ' '2,000 feet horizontal. . Class'G: , 1,000!feet 'More than 1',200 feet above the 5'statute miles2,11!,!,!!..•, ;;1,000 feet above. surface and at or above'10,000 , feet MSL 1 statute mile horizontal 5 of 6 11/12/2002 8:44 AM FAR Part 103-Ultralights http://members.tripod.com/—DragonFlight/3dr103.html Disclaimer:Not responsible for errors or omissions. Do not bet your life on the information contained here. Never attempt to fly any type of aircraft without proper instruction! I Home I I I earning to Flv I I FAQ I FAA Reg 1031 Homebuilt VS tIltralinht I General Aviation VS Ultralinht Pilot I I Do I really want to fly Ultralights?111SUA Pilot Reouirements I USUA Instructors I About Stalls I I Ultraliaht/Homebuilt Pics and Info I I Quicksilver I Challenger I Airbike I Minimax I Rotary Wing I I Hurricane I Trikes I Powered Parachutes I Misc pictures 1997-19981 I Mao to the Airfield I Webrings I Rio I Search Enaine Paoe I Classified Ads I Links I Copyright©1997-1999 DFU.All Rights Reserved. Use of this Web site is for information only. Always verify information is still accurate before flight. 6 of 6 11/12/2002 8:44 AM Hello