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Home My WebLink About20022219.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI #0200068 AGAINST JEFF SMITH 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, Jeff Smith, VI #0200068, is allegedly in violation of the Weld County Code, and WHEREAS, on the 13th day of August, 2002, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jeff Smith was not present or represented at said hearing, and WHEREAS, at said hearing of August 13, 2002, the Board of County Commissioners determined the property owner has brought the subject property into compliance and deemed it advisable to dismiss said matter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0200068 against Jeff Smith be, and hereby is, dismissed. 2002-2219 (tD.. Pt, ///OL PL0824 VIOLATIONS -VI #0200068 - JEFF SMITH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of August, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WEL COUNT CO RADO ATTEST:L aa 'i ,ti IE Lts Glenn Vaad, Chat Weld County Clerk to the !. see �rok ` ia'i t s �le XCUSED D TE OF SIGNING (AYE) �' , i d E. L , Pro-Tern BY: Pro-Tern±8-d71A� •av j • Deputy Clerk to the Boa y / r 1 � � M. J. Geile O AST V/A,49 William H. Jerke ount Attor ey EXCUSED Robert D. Masden Date of signature: /8 2002-2219 PL0824 DATE: August 7, 2002 VIOLATION NUMBER: VI-0200068 NAME: Mr. Jeff Smith ADDRESS: 36207 Appy Road, Eaton, CO 80615 ZONE DISTRICT: PUD with Agriculture uses LEGAL DESCRIPTION: Lot 8, Gilbaughs Appaloosa Acres, 2"d Replat, Weld County, Colorado CASE SUMMARY March 15, 2002 Initial complaint received. March 21, 2002 Initial inspection completed. March 22, 20002 Five day compliance encouragement letter issued. March 28, 2002 Violation letter issued. May 31, 2002 Property inspected. Property still in violation. June 19, 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 .R of the Weld County Code. To bring the property into compliance the property owner shall remove the commercial vehicles from the property and apply for a 'CDC' for a Home Occupation. 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. 2002-2219 Inspection information Sheet VIOLATION: VI-0200068 STATUS: ISSUED DESCRIPTION: Moving Company - Commercial Business not allowed BASE INFORMATION: PARCEL NUMBER: 0709-33-0-01-008 LEGAL DESCRIPTION: GA-8 L8 GILBAUGHS APPALOOSA ACRES 2ND REPLAT SITUS: 36207 APPY RD WELD 80615 OWNER: SMITH JEFF OCCUPANCY: LOCATION: 36207 Appy Rd WEL - Gilbaughs Appaloo APP TYPE: VI CLASS CODE: VI-6 ZONING DIST: Agri-UD INSPECTIONS: Item: 00404 TELEPHONE CALL 08/05/2002 By: BJS Action: TEL Comments: Jeff Smith called. He said that the trucks were scheduled to be removed from the property on Sunday(08/11/02). I told him as long as they were gone by 08/12/02 and a'COC'Home Occupation application received, the Violation Hearing would be cancelled. He said he would be in later that day. Item: 00405 LETTER 03/22/2002 By: BJS Action: LET Comments: 5 day compliance encouragement letter sent. 03/28/2002 By: BJS Action: LET Comments: 60 day violation notification was issued. 06/19/2002 By: BJS Action: NO Comments: Violation Hearing notification was issued (certified) - 08/13/02 @ 10:00 a.m. Item: 00400 SITE INSPECTION 03/21/2002 By: BJS Action: INSP Comments: Upon a visual inspection of the property, the following notations were made: 1 "Nebraska Furniture" truck was parked in front of the house. Upon going around back 3 more "Nebraska Furniture" trucks were noted in the back yard. This is not an allowed use in a Subdivision. 05/31/2002 By: BJS Action: INSP Comments: Upon a visual inspection of the property, the following items were noted: the 3 (three) moving trucks were still located in the back yard. No pictures taken at this time. Item: 00406 OFFICE VISIT 03/28/2002 By: BJS Action: OFVS Comments: Mr. Smith came to the office. He wanted to know who turned him in. I told him that it was an anonymous complain. He said that he knew who did it. He asked what he had to do to bring the property into compliance, because,when they bought the property, his real estate agent supposedly checked into all of this. I told him that I was not sure who his real estate agent was, but this was not an allowed use in a Subdivision. He said that he was planning on getting the trucks out of there anyway. He said that he was intending to operate the business from Fort Collins, Loveland and Greeley,but not out of his home. He then stated that his truck was in the shop today getting re-painted. He also said that his home number was going on the truck. I explained that if he had an office (which he said he did), he would need to apply for a "COC" for a Home Occupation. I gave him the paperwork. He indicated that there were other people in the subdivision, that he would want to turn in. I gave him several blank complaint pages. He asked for 60 days to start with on getting the trucks out of there. I told him that I would start with 60 days, and if progress was occurring, I would be open to maybe 1 (one) additional 30 day extension after that time frame. printed:August 7,2002 form:inspinfo 0 .l 4.41t ' C DEPARTMENT OF PLANNING SERVICES Code Compliance Division O WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us T T 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100 Fax (970) 304-6498 June 19, 2002 Mr. Jeff Smith 36207 Appy Rd Eaton, CO 80615 Subject: VI-0200068, Lot 8, Gilbaughs Appaloosa Acres, 2nd RePlat, Weld County, Colorado Dear Mr. Smith:The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on August 13, 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 111, 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.R "Any use permitted as a Use by Right, an ACCESSORY USE,or a Use by Special Review in the COMMERCIAL or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring your property into compliance with the Weld County Code: Since the likely hood of conforming a commercial trucking/hauling operation to meet the criteria of a "Home Occupation"as defined through the Weld County Code,is almost impossible. The commercial business and/or business equipment shall be removed from the property. While I believe this is your intention, I am afraid that I can not grant a significant extension. However,if the commercial business and all commercial equipment has been removed prior to August 12,2002,this case will be closed and the Violation Hearing cancelled. I realize that you are diligently working on the removal of these items and want to say"thank-you for your cooperation". 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, U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Uk -1-\ rte_ Bethany Salzman f` Zoning Compliance Officer Postage $ pc: VI-0200068 Department of Planning Services o Certified Fee Postmark Bruce Barker, County Attorney ul Return Receipt Fee (Endorsement Required Here ru O Restricted Delivery Fee O (Endorsement Required) d. 0 Total Postage&Fees $ ru In Recipients Name (Please Print Clearly)(To be completed by mailer) -- MR. JEFF SMITH Street,Apt.No.;or PO Box No. o 36207 APPY ROAD P- c ATON,lPCo 80615 PS Form 3800,February 2000 See Reverse for Instructions SENaE': Ca MPLETE THIS.'EC.'T1eN C•M•LETE THIS SECTI•N eN•ELIVE•V • Complete items 1,2,and 3.Also complete A. R iv=.G •:ase Pn =, 4') B. Date, Deiiv. item 4 if Restricted Delivery is desired. y� • Print your name and address on the reverse J tom• so that we can return the card to you. C. Signature / 0 Agent X • Attach this card to the back of the mailpiece, or on the front if space permits. 0 Addressee ery address different from item 17 0 Yes 1. Article Addressed to: I ES,enter delivery address below: 0 No MR. JEFF SMITH 36207 APPY ROAD EATON, CO 80615 3. Service Type XXIntertified Mail 0 Express Mail ❑ Registered 0 Retum Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Erna Fee) 0 Yes �..I 2. Article Number(Copy from service label) 7000 0520 0025 0404 6674 ' PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 SERVICE,TEAMWORK,INTEGRITY,QUALITY 0 i� & DEPARTMENT OF PLANNING SERVICES 1�l Code Compliance Division TT Website: WWW.CO.WELD.CO.US will 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 C. COLORADO WELD COUNTY ZONING VIOLATION NOTICE March 28, 2002 Mr.Jeff Smith 36207 Appy Rd Eaton, CO 80615 Subject: VI-0200068, Lot 8, Gilbaughs Appaloosa Acres, 2n° RePlat, Weld County, Colorado Dear Mr. Smith: _. 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.R "Any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or industrial zone districts,provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring your property into compliance with the Weld County Code: The commercial business and/or business equipment shall be removed from the property or confirm to fall within the guidelines as established through a "Home Occupation". During our meeting earlier today, I gave you a "Home Occupation vs.Home Business"packet. You indicated that your intention was to remove a outside storage of commercial equipment within approximately 60 days. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,we have no discretion in this matter if you fail to correct this violation. You have 60 (sixty) days from , March 28, 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-0200068 Department of Planning Services Bruce Barker, County Attorney 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 Q 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO March 22, 2002 Mr.Jeff Smith 36207 Appy Rd Eaton, CO 80615 Subject: VI-0200068, Lot 8, Gilbaughs Appaloosa Acres, rd RePlat, Weld County, Colorado Dear Mr. Smith: 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 a commercial business. The commercial business appears to be a moving or trucking company. A visual inspection revealed at least 4 trucks located on the property. In a subdivision, such as 'Gilbaughs Appaloosa Acres', neither a commercial business or commercial equipment are an allowed use. 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-0200068 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY 1:1�1� t I �,i b" yb� i4. ,, tf 1 r .,Ca�E I ......�. r Ell ti,r t . su0 4 W EEE d G t i t + LAN LL i U 1 Z IrI2 Off. 1 >c C!' r 1 , 1 yrci W U rme d! eif braL'.-2'l2N , tom^� C p .2 � ' c a of 63, n.3 ' .2 4x,).ea +i to �� 'Ell � x m• W ¢] ca �O O Q EZ; .. 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J a (it DEPARTMENT OF PLANNING SERVICES Code Compliance Division O COLORADO 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 `v Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT 0 Staff/Name: lot Citizen 0 Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): PsinCCXrr uj\ ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: 3•\Gj•oa Pending Case#(i.e.USR,RE,SE,ect...): Zoo, 9-45\ak Legal Description: LEA" < elkhrTh,t Air Ock—ir 'S PtCAQ r' Parcel#:h1Nq ?'g V n•(OO% .,Violation Address: Pael1 Ac ` Qck• Property Owners Name: _*Ye6'Wi, CF Phone: Property Owners Address: CO SUA\5 Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: sojeMC%t\ 'TV (.WYJ) - ('tCtSa,C:lro a Mt7Vltfci I2)l_it(\SO Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: 923 11111111111101111111111 I{II 01111111111111111111111111 2877923 08/27/2001 01:OSP JA Sold Taulamoto 1 of 1 It 5.00 D 19.99 Weld County CO Recorder. FILING STAMP II THIS DEED, Made this 22nd day of August 2001 19 ,between Jim E. Logan and Janna C. Logan of the 'minty of WELD and State of t',dor:ulo,of the first part.and Jeff Smith "'hose legal address is 36207 Appy Road, Eaton, CO 80615 i"f the County of WELD and State of Colorado.of the second part: WITNESSETH.That the said party of the first part,for and in consideration of the sum of ONE HUNDRED NINETY NINE THOUSAND NINE HUNDRED AND NO/CENTS ($199,900.00) DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted,bargained,sold and conveyed,and by these presents does grant,bargain, poll. convey and confirm, unto the said party of the second part. his heirs and assigns forever, all the following described lot or parcel of land,situate,lying and being in the i (Minty of Weld and State of Colorado.to-wit; LOT 8, SECOND REPLAT OF GILBAUGH'S APPALOOSA ACRES, COUNTY OF WELD, STATE OF COLORADO. also known as street and number 36207 Appy Road, Eaton, Colorado 80615 TOGETHER with all and singular the hereditament,and appurtenances thereto belonging,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 hereditament,and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the,appurtenances, n party of the second Pp unto the said part, his 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 party of the second part, his 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 good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soccer. and the aboved bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming nr 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. ,Ji Logay ISEALI isEAL) • � IGC( 'SEAL) STATE OF COLORADO Jan a C. Logan • County of Weld ss. \bMfanq,,. 6 The foregoing instrument was acknowledged rv�"• usf 3I g before me this ••1'y Jim E. Logan and Janna C. Logan y-a 31c r"ro mission expires C 7�{//j• ficial seal./�/.y... 4 r• - ,:Niglio.hails.. No.932A. WAINANT%OEM..- F...1't.•.,.•ampin,.K..,,r,t-011111 Bradford Publishing Co..lea Haut Mraal,Dunn,Colorado(5711.501.1)—4.711 4677 Hello