HomeMy WebLinkAbout20022770.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST DONALD GARNER 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, Donald Garner, VI #0100312, is 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 15th day of October, 2002, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Donald Garner, 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 15, 2002, to allow adequate time for the property
owner to move the equipment to the interim property until the final permits are finalized for the
permanent site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0100312 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Donald Garner 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 15, 2002, to allow
adequate time for the property owner to move the equipment to the interim property until the
final permits are finalized for the permanent site.
2002-2770
00 . ✓- , 7/6) PL0824
VIOLATIONS - VI #0100312 - DONALD GARNER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of October, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:atelik / �,` 11.,jS EXCUSED
u Glenn Vaad, Chair
Weld County Clerk to t 1 r
cE J David t. Log, Pro- em
Deputy Clerk to the Bo- /i /� ' �ci
M. J. Geile
APPRO D AS TO F¢RM: t-i / i}/7 ✓
�— William H. Jerke
�ounty Attorr/ey EXCUSED
Robert D. Masden
%G
Date of signature: -2s
2002-2770
PL0824
DATE: October 11, 2002
VIOLATION NUMBER: VI-0100312
NAME: Mr. Donald Garner
ADDRESS: 7951 W. 28th Street, Greeley, CO 80634
ZONE DISTRICT: Agriculture
LEGAL DESCRIPTION: Lot B of RE-796 also known as part of the SW4 of Section 17,
T5N, R66W, of the 6th P.M. , Weld County, Colorado
TOTAL ACREAGE: 2 .68 Acres
CASE SUMMARY
November 14, 2001 Initial complaint received.
November 20, 2001 Initial inspection completed.
November 20, 2001 Five day compliance encouragement letter sent.
January 17, 2002 Fiv= day compliance encouragement letter sent again.
August 20, 2002 Violation letter issued.
September 25, 2002 Property inspected. Property still in violation.
September 26, 2002 Letter sent to property owner indicating that the violation
case was scheduled before the Board of County Commissioners.
September 27, 2002 Mr. Garner came to office . I notified him of possible
hearing.
September 30, 2002 I called Mr. Garner and notified him of hearing.
October 8, 2002 Received certified receipt back signed.
Currently, there is a violation of Chapter 23, Article III (3) , Division 1, of
Sections 23-3-20, 23-3-30, 23-3-30.I, 23-3-40 and 23-3-40 .R of the Weld County
Code. To bring the property into compliance the property owner shall remove all
business equipment and vehicles or a Use by Special Review application shall be
completed and submitted for review. Additionally, the Noncommercial Junkyard
shall be removed, restored or completely screened from all adjacent properties
and public rights-of-way.
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.
2002-2770
uutef/2002 15:17 FAX 970 350 9800 CITY OF GREELEY COM DEV x001
CITY OF GREELEY
COMMUNITY DEVELOPMENT
��
• PLANNING and ZONING• • BUILDING INSPECTION •
Phone: (970) 350-9780 Phone: (970) 350-9830
Fax Number: (970) 350-9800
FAX TRANSMITTAL
❑ ❑ ❑
F.Y.I. INFORMATION YOU RESPOND
REQUESTED ASAP
TO: Bethany Salzman
COMPANY: Weld County Code Enforcement
FAX NUMBER: 304-6498
FROM: Michael Whitley,Planner II
DATE: September 27,2002
#OF PAGES (INCLUDING THIS COVER SHEET) \ "
II YOU DO NOT RECEIVE ALL PAGES CALL(970)350-9276
COMMENTS:
Give me a call at 350-9276 if you have any questions.
uu/Z!/ZUUZ 15:18 FAX 970 350 9800 CITY OF GREELEY COM DEV CI1j002
•
ADMINISTRATIVE REVIEW TEAM
MEETING SUMMARY
July 17,2002
STAFF PRESENT: Michael Whitley, Planner II
Wendy Daughtry, Water and Sewer Engineer
Joel Hemesath, Development Coordinator
Jared Moravec, Fire Protection Engineer
Rod Constance,Building Inspector
Derrick Glosson, Staff Engineer
Bill Andrews, Transportation Planner
ITEM: Site Plan Scoping for Commercial/Industrial
Development
PROJECT: Steve White Site Plan Scoping
LOCATION: 124 20th Street
CASE NUMBER: None for Scoping
REPRESENTATIVE: Steve White
Summit Homes
1990 59th Avenue, Suite 100
Greeley, CO 80634
DISCUSSION: •
The attached comments were faxed to Mr. White prior to the meeting.
Steve White asked if traffic information would be required when a building permit is submitted.
Derrick Glosson said it would be. Mr. White asked what level of detail would be needed. Mr.
Hemesath said that if Mr. White supplies the preliminary traffic information that Bill Andrews
requested in his written comments, Mr. Andrews would evaluate the information. Mr. Hemesath
said that Bill Andrews may request additional information after reviewing the preliminary data.
Addressing Doris Biehl's written comments, Mr. White said that he believes there is a 3/4 inch
water tap on the property but that he does not plan on using it. Mr. White said he planned on
purchasing a 1 inch tap for the new building and would use a 3/4 inch tap for the western parcel.
Mr. White asked Wendy Daughtry if he could pave over water and sewer service lines. Ms.
Daughtry said that the service lines could be paved over but that they could not cross property
ART 7/17/02 Steve White Site Plan Scoping
US/2I/20112 15:18 FAX 970 350 9800 CITY OF GREELEY COM DEV 11003
•
lines.
Mr. White and Rod Constance discussed requirements for electrical plans. Mr. Constance said
that a Master Electrician can draw the plans. Mr. White and Mr. Constance talked briefly about
mechanical drawings and gas service. Mr. White indicated that he may stub a gas line to the
building. Mr. Constance said that if a gas line is stubbed to the building, a meter would be
required.
Mr. White mentioned that all users would share a water tap and he did not plan on installing
individual meters.
Mr. Constance said that the building appears to be about 24,000 square feet in size. He said Mr.
White may need to add occupancy separations or sprinkle the building because the maximum
size of the building without fire separation or sprinklers would be 18,000 square feet. Mr.
Constance said that additional occupancy separations may be required depending on the kind of
users in the building.
Mr. White said that he was planning on constructing the shell of the building and finishing
individual units as they are sold.
Bill Andrews entered the meeting.
Mr. White and Mr. Andrews discussed traffic issues. There was a discussion about traffic flow
around the site and where access points to id Avenue would be allowed. Mr. Andrews said that
1st Avenue is an arterial roadway and access to arterials needs to be limited. He said the
proposed right-in/right-out is too close to existing access points and that the traffic generated by
this project would not warrant two accesses to lst Avenue. There was a discussion about turning
radiuses. Mr. Andrews said that the site may need to be reconfigured to aid internal circulation.
Mr. Moravec said that the turning radius would have to accommodate the Fire Department's
vehicles.
Ms. Daughtry asked Mr. White for a recorded copy of the utility easement dedication. Mr.
Whitley said he could get the copy for her.
Bill Andrews mentioned that internal access may flow better if the building was oriented east-
west rather than north-south. Mr. Andrews and Mr. White briefly discussed the access and site
orientation possibilities.
Ms. Daughtry said that curb, gutter, or sidewalk would not be allowed over sewer lines or in the
utility easement. Mr. White said that he was planning on having paved access and a concrete pan
for drainage within the easement. Mr. White said that he was planning on moving the utility
poles to the property line. Ms. Daughtry said that the Water and Sewer Department would be
ART 7/17/02 - 2 Steve White Site Plan Scoping
09/27/2002 15:18 FAX 970 350 9800 CITY OF GREELEY COM DEV IO04
OK having a 10 foot wide exclusive easement. Mr. Whitley said easements can be vacated and
dedicated on the minor subdivision plat.
Mr. White asked Mr. Moravec if a fire hydrant would be needed on the western parcel if it was
only used for storage. Mr. Moravec said that if the stored material is not combustible, a fire
hydrant would not be required.
Mr. Moravec said that his second written comment reads "18 inches." He meant to write "18
feet."
Mr. Whitley and Mr. White decided to discuss Planning's comments in the Planning Office since
the applicant for the next agenda item had arrived.
ART 7/17/02 3 Steve White Site Plan Scoping
09/27/2002 15:18 FAX 970 350 9800 CITY OF GREELEY CON DEV 005
Project Review Comments
City of
Greeley .
Project Name . Steve White Industiral Site Scoping (378)
Location 124 20th Street
Submittal Date 6/18/02 -_-__ Submittal # 1
Reviewed By Bill Andrews Department PW Transportation
Date 8/21102
Traffic cr,..1y
Page
O 1. The estimated daily, and peak hour trips generated from this site, and the one
to the west, is needed.
2. What is the distance to the next drive to the south of this lot's south lot line?
3. The south right-out should not be allowed. The low traffic use, and distance of
this right-out from the proposed right in/out does not warrant the right-out.
r
•
Wednesday,August 21,2002 Page 1 of 8
09/27/2002 15:18 FAX 970 350 9800 CITY OF GREELEY COM DEV Ij006
Project Review Comments
City of
Greeley
Project Name Steve White Industiral Site Scoping (378)
Location 124 20th Street
Submittal Date 6/18/02 Submittal# 1
Reviewed By Doris Biehl Department Water&Sewer
Date 8/21/02
rnnPrSit
Page •
❑ Art Please identify existing water and sanitary sewer taps on the site. We need to
know that these taps will be within the proposed new property boundaries.
Will the existing water service be adequate to serve the proposed 20 units?
Please call me at 380-9810 to discuss plant investment fees if new taps are
required.
Wednesday,August 21,2002
Page 2 of 8
09/27/2002 15:18 FAX 970 350 9800 CITY OF GREELEY C0M DEV f007
Project Review Comments
reeley
Project Name Steve White Industiral Site Scoping (378)
Location 124 20th Street
Submittal Date 6/18/02 Submittal# 1
Reviewed By Rod Constance _ Department Building Inspection
Date 8/21/02
MaemmusimiNiMINO, .0111111110k
Page
❑ All structures shall comply with all applicable city codes.
❑ Allowable square footage may be exceeded requiring occupancy separations,
area separations, sprinkler system or any combination of these.
•
NNIMMorammamenneR
Wednesday,August 21,2002 Page 3 of 8
09/27/2002 15:19 FAX 970 350 9800 CITY OF GREELEY COM DEV el 008
Project Review Comments
City of
�reel�
Project Name Steve White Industiral Site Seeping(378)
Location 124 20th Street
Submittal Date 6/18/02 Submittal # 1
Reviewed By Wendy Daughtry Department Water&Sewer
Date 8/21/02
Page
El Where are you getting water service?
❑ Was the Ordinance dedicating the 33'easement recorded? Please submit a
record copy.
❑ Sewer lines are allowed under pavement and must adhere to the Water and
Sewer Department Design Criteria and Construction Specifications.
•
•
•
Wednesday,August 21,2002 Page 4 0f 8
09/27/2002 15:19 FAX 970 350 9800 CITY OF GREELEY COM DEV Ij009
•
Project Review Comments
City of
�ree[ey�
Project Name Steve White Industiral Site Scoping (378)
Location 124 20th Street
Submittal Date 6/18/02 Submittal # 1
Reviewed By Don Dunker Department PW Design/Review
Date 8/21/02
cL nrain4go appnrt
Page 1
O New 1. A Preliminary and Final Drainage Report meeting the requirements of the City
of Greeley's SDDC manual will be required before grading and building permits
can be approved. Detention of the 100 year developed storm event and
discharged at the 5 year undeveloped flow rate will be required.
R !'ivii I'rawin�c
Page 1
D. New 1.All topographic mapping is to be based on NGVD 29 survey datum. The City
of Greeley will not accept any other datum nor will and adjustment from some
other datum to NGVD 29 be acceptable. Old City of Greeley benchmark datum
is not acceptable. All contour mapping and construction details must be on
NGVD 29 datum.
•
Wednesday,August 21,2002 Page 5 of 8
09/27/2002 15:19 FAX 970 350 9800 CITY OF GREELEY COM DEV O010
•
Project Review Comments
City of
�reel�
Project Name Steve White Industiral Site Scoping (378)
Location 124 20th Street
•
Submittal Date 6/18/02 Submittal # 1
Reviewed By Jared Moravec Department UCFRA
Date 8121/02 _ •
Army
rnnarn(
Page
O Art 1. North side access shall be paved and be at least 24'wide. 13' 6"vertical
clearance Is also required. An access easment would be appropriate. The
access lane would have to be paved at least to the west side of the parking lot on
the west side of the building prior to occupancy.
2. Drive lanes around the building shall accommodate a fire apparatus with a
205"wheelbase with a turning radius of 18"inside diameter and 40' outside
diameter.
3. "No parking fire lane"signs will be required on the south side of the building.
.4. The vacant west lot will require a fire hydrant prior to any construction there.
The hydrant should be located-along the north access road at about the west
edge of the proposed parking lot.
5. It is highly recommended that the building be sprinkled to provide the utmost
flexibility for tenants'operations.
•
•
Wednesday,August 21,2002 Page 6 of 8
09/27/2002 15:19 FAX 970 350 9800 CITY OF GREELEY COM DEV a oil
Project Review Comments
City Greeley
•
Project Name Steve White Industiral Site Scoping(378)
Location 124 20th Street
Submittal Date 6/18/02 Submittal # 1
•
Reviewed By Michael Whitley Department Planning
•
Date 8121/02
Page
❑ A vertical curb or tire stops will be required where parking abuts landscaped
areas or sidewalks.
❑ The property should be able to be subdivided through the minor subdivision
procedure. An access easement will be needed to ensure that the western lot
has legal and perpetual access to 1st Avenue.
❑ Parking spaces in front of overhead doors will not count toward the required
parking spaces. The issue could be resolved by moving the eastern row of
parking so that it is adjacent to the detention/landscaped area and moving the
western row of parking so that it is adjacent to the new/proposed western
property line.
❑ Ten percent of the site is required to be landscaped. Based on my crude
calculations, about 1,800 additional square feet of landscaping is.needed.
❑ Is any exterior lighting proposed?
❑ The exact number of parking spaces required will depend on the specific uses
that occupy the building. I would anticipate that 58 spaces would be adequate if
the building is used for typical"industrial" uses.
❑ The parking lot needs to be screened (see attached standards).
❑ Utility and Service standards (attached) must be complied with. Trash
receptacles and enclosure details will be required with a formal submittal. I'm not
sure where the best location would be for a dumpster.
❑ What are the exterior building materials and colors?
❑ Please refer to the Non-Residential Site Plan Check List when making a formal
submittal.
❑ I assume that the ground cover is to be grass. A landscape plan will be required
as part of an official building permit submittal.
❑ Please see the attached handouts for a list of uses that are permitted in the I-M
zoning district. Planning staff would consider supply shops to be a permitted use
in the I-M zone.
❑ The Planning office is OK with access to the south end of the site remaining
unpaved until the utility lines can be buried as long as there is a written •
agreement that the work is to be done and a deadline is agreed upon for the
completion of the paving. Would the access need to be moved if the lines are
not buried?
Wednesday,August 21,2002 Page 7 of 8
09/27/2002 15:19 FAX 970 350 9800 CITY OF GREELEY C0M DEV Z012
❑ The western lot will need to be screened from HighWay 85 using the equivalent of
• a buffer yard B. Any outdoor storage must comply with the design review criteria
(attached).
O If you apply for a building permit after the adoption of the Development Code
amendments,you will need to meet the new Development Code Standards for
Commercial/Industrial Development (draft standards are attached). The
Development Code amendments are anticipated to be adopted by City Council in
early September.
❑ The Development Code requires that building walls in excess of 50 feet in length
project or recess or a permanent architectural feature be provided. I would
recommend that brick columns be added to the building about every 55 feet to
break up the horizontal mass of the wall.
•
Wednesday,August 21,2002 •
WPage 8 of 8
' 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
September 26, 2002
Mr. Donald Garner
7951 W. 28th Street
Greeley, CO 80634
Subject: VI-0100312, Lot B of RE-796, Part of the SW4 of Section 17, f5rd, R66W of the 6'" P.M., Weld
County, Colorado
Dear Mr. Garner:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with
the Board of County Commissioners on October 15, 2002, at 10:00 a.m., to consider the violations occurring
on the property. The property is in violation of the follc'wing Section(s) of t':, Weld County Code:
Chapter 23,Article Ill, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-30.1 "Noncommercial Junkyard."
Section 23-3-40 "Uses by special review."
Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use or a Use by Special Review in the
Commercial or Industrial Zone Districts,provided that the property is not a Lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development
proposals shall not be permitted to use the special review permit process to develop."
To bring your property into compliance with the Weld County Code:
During our previous phone conversation,you indicated that you simply allow your son to park his commercial equipment
on your property because it is closer to thz job site and Greeley. As I have previousi: indicated, even the parking of
commercial equipment on one's lot would require a Use by Special Review permit. For questions, I would suggest that
you come to the office and speak to one of our"On-Call Planners"(Wedn^sday,7:30 a.m-4:00 p.m.or Monaay or Friday,
12:07 p.m.-4:00 p.m.) Additionally,pleas!Le advised that we hive opened another:aceti t.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,pleas:.'.rang this letter with you to the
office. Lastly,during my last visual inspection of the property,a Noncommercial Junkyard consisting of derelict vehicles,
wood,camper/trailers and iniscellan noes debris was noted. In the Agricultural Zone Dist:ic:,a Noncommercial Junkyard
is an allowed use,but it must be screened from all adjacent properties and public rights-of-ways.
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. Garner
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,
≥lzman
Zoning Compliance Officer
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Bruce Barker, County Attorney p DD Z A 0
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hID DEPARTMENT OF PLANNING SERVICES
O Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
COLORADO 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
WELD COUNTY
ZONING VIOLATION NOTICE
August 20, 2002
Mr. Donald Garner
7951 W. 28th Street
Greeley, CO 80634
Subject: VI-01.00312, Lot B of RE-796, Part of the SW4 of Section 17, T5N, R66W of the 6th P.M., Weld
County, Colorado
Dear Mr. Garner:
Please be advised that I have unsuccessfully attempted to contact you;however,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 233-20 "Uses allowed by right."
Section 23.3-30 "Accessory uses."
Section 23-3-40 "Uses by special review."
Section 23.340.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:
During our previous phone conversation,you indicated that you simply allow your son to park his commercial equipment
on your property because it is closer to the job site and Greeley. As I have previously indicated, even the parking of
commercial equipment on one's lot would require a Use by Special Review permit. For questions, I would suggest that
you come to the office and speak to one of our"On-Call Planners"(Wednesday,7:30 am.-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.
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 20,
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.
Mr. Gamer
Page 2
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 Salzma
Zoning Compliance Officer
pc: VI-0100312
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
I j1 DEPARTMENT OF PLANNING SERVICES
T Code Compliance Division
liD
111e Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
1555 N 1h Avenue, 0, CO 83541
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
January 17, 2002
Mr. Donald Garner
7951 W. 28°i Street
Greeley, CO 80634
Subject: VI-0100312, Lot B of RE-796, Part of the SW4 of Section 17, T5N, R66W of the 6"' P.M., Weld
County, Colorado
Dear Mr. Garner:
I presented your concerns to staff regarding the storage of your son's commercial equipment on your property
overnight. Staff agreed that anytime commercial equipment is stored, maintained, fixed, repaired, sold, etc...
it requires a Use by Special Review permit through the Weld County Code. For your convenience, I have
included a Use by Special Review (USR) application. For questions regarding the USR application, 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 or an "On-Call Planner" within five working days of the date of this letter to review these
concerns. 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.
Si cerely,
m
Bethany Salzman
Zoning Compliance Officer
pc: VI-0100312
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Kestrse
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
WI ' E-mail Address: bsalzman@co.weld.co.us
lige 1555 N. 17th Avenue, 0, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
November 20, 2001
Mr. Donald Garner
7951 W. 28'" Street
Greeley, CO 80634
Subject: VI-0100312, Lot B of RE-796, Part of the SW4 of Section 17, T5N, R66W of the 6' P.M., Weld
County, Colorado
Dear Mr. Garner:
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
commercial "backhoe" business without the necessary Weld County Zoning permits.
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,
6,01rekt_PletaliNJ
Bethany Salzman
Zoning Compliance Officer
pc: VI-0100312
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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DEPARTMENT OF PLANNING SERVICES
I
)^' Code Compliance Division
IIIID 1:: l 1555 N. 17th Avenue, Greeley, CO 80631
C Phone: (970) 353 6100 Ext. 3540
> Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
ZONING CODE COMPLAINT ❑ Staff/Name litCitizen ❑ Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known). Prima�S"'f'C�l,o_!�
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): Jt
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS I PEST&WEEDS
Date Complaint was received: 11113(nt
Pending Case#(i.e. USR,RE, SE,ect...):
2119L9 t3
Legal Description: 1_-r)\- Pl COY 2.i.- '%\U - ills 6-Sh \ 5.t Parcel#: CST-4A•\-7'0-CO`Cto<
Violation Address: IT\CD\ Zap C C e'k-
Property Owners Name: (-18v-et Yr I + --r'`` '!1d Phone:
Property Owners Address: Care P I Q_1 ( n "AN(32)L,
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: ? Jerre ISI5rirP l)r) LO I(5-1 \A I AC2
Complaint Referred To: KN.)OJ 1)N\ Date: ‘ \ I \Li IN
Complaint Referred To: Date:
Additional Notes: - t. ; i + '4 f 1 : ,_! i ' 1 r u 4 r i 1 . A (!f r !
•
•
•
a
j 'I AR2193968 I_ B 1245'..REC 02193968 10/06/89 16217 $5.00 1/001 ttv •
•_�,,,N,A0 _ F 2093MARY ANN IEDERBTEIN"CLEAN-I R OADER MELD_COs CO . r.•..,._�._ .--- QUIT CLAIM DEED - I
r•
Jr THIS DEED,Made this 3rd •
between day of October ,19 89,
DONALD F. GARNER•
or the *County of Weld and State of .' .
• . Colorado,grantorf ,and
•
DONALD G. GARNER
whose legal address is
2428 19th Avenue, Greeley, CO 80631
or the County of
Weld and Slate of Colorado,granteeNT
° WITNESSETH,That the gnnlor(Ys,for and in consideration of the sum of other good and valuable
consideration and TEN & OO/100ths--- _
•
the receipt and sufficiency of which is hereby KkIKMledged,ha e remised,released,sold,conveyed-. DOLLARS
these presents does remise,release,sell,con s,succession
CLAIMED,and by
fortwr, all the right, title, interest, claim and demand which"the
unto the granleS s his he succewn ge er with t
improvements,if any,situate,lying and being In the my of has in and to the real property, together •
{ _ Colorado,described as follows: County Weld and Stem of
-
.. lot B of Recorded Exemption No. 0959-17-3-RE 1
796 as described in the records of the Weld
County Clerk and Recorder at Book 1095 under
Reception No. 02035756. '
REAL PROPERTY TRANSFER DECLARATION
NOT RECEIVED BY CLERK AND RECORDER •
•
i
ii
• a:so known by street and number as:
TO HAVE AND TO HOLD the same,together with all and singular the a
- anywise thereunto appertaining,and all the estate,right,title,interest and claim pwh�appurtenances and privileges thereunto belonging or in ' "
the only proper use.benefit and behoof of the nn4a his an iassigns for fore• ver.
lranlorfj�eiNer in law or equity,to
IN WITNESS W7{ERIAF.The grantor has executed this deed on the date Kt forth above.
J1 (Donald F. Garner a/k/a Donald G. Garner
STATE OF COLORADO,
}sw
County of Weld
The foregoing instrument was Kkwwledged before me this �" day of October '„ „{,^nr.• __-DONALD F. GARNER a/k/a DONALD G. GARNER-- .19 83, CI. -
Vf.$P1 Q{•'•.
. . .,, ���T�ossinsion expires ,l9 .Witness my hand and official seal.
Vi g EXHIBIT •
I F 440`` T. canner/
i
• If in Denver,insert"City and." �
•
'i •• No.9JJ.Ant 3.85. QDn'tl.A1M DET PrslrnE Anr.nmm ,,'w nr.•.r ._.
A. ia".....m...,. ,... ...
,. yr
E 1114 RTC 02055537 06/02/86 11131
•
_ 00 1/001
F 1012 MARY ANN FTUERSTEIN CLERK 6 RECORDER WELD CO, CO
_
4 AR2055537
Sforo Documrnfo
7 Fee
Dot._62rQ1.1.1-, ...
•
CONSERVATOR'S DEED
THIS DEED is made by Robert L. Dragich and Be Em Dragich as
Conservators of the Estate of Billy Lee Dragich, Protected
Person, Grantor, to Donald F. Garner, Grantee, whose address is
2428 19th Avenue, Greeley, Colorado 80631.
WHEREAS, Grantors were duly appointed Conservators of
•
Estate by the District Court in and for the County State said � .,
of Colorado, Probate No. e
86-PR-066, on March 2 28,, 1 1 Weld,986; and are
now qualified and acting in said capacity;
NOW THEREFORE, pursuant to the power con erred upon Grantors
by Article 14 of the Colorado Probate Code, and for the
consideration of Twenty Five Thousand Dollars ($25,000.00) ,
Grantors sell and convey to Grantee the following real property
in Weld County, Colorado:
.( Lot B of. Recorded Exemption No. 0959-17-3-RE
796 as described in the records of the Weld
' County Clerk and Recorder at Book 1095 under
Reception No. 02035756.
with all appurtenances, subject to all Tiers, right of ways,
easements, restrictions and covenants of record.
Grantors further hereby represent and declare--and the r
r , Grantee in accepting this deed
representation and joins in e and adopts said
declaration--that Grantee is not Grantors'
spouse, agent, or attorney, or corporation or trust in which
Grantor has a beneficial interest; and that this deed is not part
•
of a tran„action which is affected
by a conflict of interest on
the part of the Conservators.
EXECUTED
, 1986. .
• .. Robert L. Dragich
Conservator of the Es ate of
• Billy Lee Dragich, Protected +
° Person
{
-Q •C/
Be Dragich
Conservator of the Estate of
Billy Lee Dragich, Protected '
Person
STATE OF COLORADO )
ss.
COUNTY OF WELD
'� The forego.ng9 instrument was acknowledged before me this .s
o-n
•
day of May, 1986, by Robert L. Dragich and Be Em Dragich, as
Conservators of the Estate of Billy Lee Dragich, Protected
c "• . Pec$tt .NO
-11
Nor �tEhand and official seal.
{° mi >:i'on Expires: 49 _fijz -
•
•
Or pOv
• nnnnnnti No y Public ° .
4
1, ,..I
I • ( '` I
,I
•
AR2054403 '
,...a.. ,.,..,
Mtn lien Wein:alairt Int oddAIWOOL.uctt taiga PIMA Mode IePPI°k n tP sumPenot I'Print
VACANT LANDi
. �., II CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies Include Specific Performance)
Ir
May
I. Tin,and,rnfcml',vein livrel nrwrr,wArdey^having received from AQnaGar
,IyRG
. 19th Ayenuc Grccls.r, Colorado Ld,� GaForm of 928
t __the aumnf£ 500.00 ,mthe form of txersonp�_ II
'r.4..r.m I.,a Yp:yy.L . ---.to be held by James payment
Peyton-, teori
m trustee account.as corneae m Colors for the following described real
estate in the nnr> and part
County of Weld ,Colnrndn.tn wit:
Lot "B" of Recorded Exemption Number 0959-17-3-RE 79G as described in the
•
records of the Weld County Clerk and Recorder at Book 1095 under Reception
is attached her II +"
•
Number 02C15755, a copy of which recorded exemption eto as
Exhibit "A" I
together with all easements and rights of way appurtenant thereto,and all lmprnn-eme nts thereon and all fixtures of
�. p
a permanent nature Currently en the premises except as hereinafter nrorided,in their
wear and tear excepted,and hereinafter called the Pin present rendition,ordinary I
' 1l6 erty.
?. The undersigned personf�l Donald G. Gardnrdn er I �.•
1�"" I"'1f1pt't"`nn�x^^nt°-'e"+"'Mnrrn. hereinafter called Purchaser, herein
u ode signed ow nerl.ahereinafter 1. called Seller.hereby agrees to > i cr es to buy the Property upon the terms and c c and the !
Mooed herein.
sell :he 1`ro -r onditions
25•0r'•-00 '
.payable as follows£ 500.00 hereby receipted for:
3. The purchase price shall he U.S.£
the balance of 524,500.00 to paid by Purchaser at time of closing in cash or
� �• I certified funds
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B 1113 RFC 02054403 05/22/86 12:17 $9.00 1/003
F 1422 MARY ANN FEUERST&IN CLERK 6 RECORDER WELD CO, CO fi
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J. Price to include: as provided herein .)
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'i and the followingw:,ter riehts: NONE
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\ 3. If.in to 1 obtained PurchaserM'
t' • ''nP ' fur such nth from a third party,Purchaser agrees to promptly and diligently pal
1. cute.ll documents And furnish all information and documents required
I .. rr:pie the cu.t aria of obtaining such loan.Then ifbefore
r bathr lendrr.ants
iii_ in ifssuch loan is not approved al on or ndn-ole. N/A
• PP -ed but s not naal.11e at time of chsrng.the contract shall k.null and void and all
things of value ore'a'rJ hereunder shall be returned it Purchaser.
payments and I
G If n note And trust Died or airticage is to i.e u •
a l required and agrees t •rumod Purchaser nrrves to apply for a loan a I'•
•t.;Guy transfer fee not td exr u15_N/A in mpirmn if
not wvn+•J 14/A __r --��_and reign interest rate r
inter. , per, annum.If the loan to be narum•interest rates sd hn.a•
or variable provisions
ev! n%o'montx.Ihis romrnct it for shored eouity ur variable '.
n If the I.niter's rvmsrnt to a loan a u ndit required.
anon Pu rely aaer reviewing c and pon
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Pt- n is rr an exc,thin contract is conditionedng to such
C� , prconsent without change in the terms and co di ions f s ch loan except as herein upon obtaining such �� •
T. If Lento he made pornbit to Seller as partial or fullprovided.
I -,x noble by Purchaser w.t hour written consent of Seller. payment of the purchase price.this contract shall not
' A Cost of any appraisal for loan purposes to be obtained after this date shall be paid by N/A I'I -
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D 1113 REC 02054403 05/22/86 12:17 $9.00 2/003 F 1423 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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o. An aIsttaet ofrth hihe t i' nod t.'lat. or t...ennui pri..role
.y in en
da Le of_cl using rt ml .'v I ui. r•.r..l, i , I' .vr.
ZY
.Lr tl Itl r. I.If Seller I fur-limb.. Itole n n• -„ Han ri.+.IL•ryy Il
policy t Purchaser after closing andPas the yrrn urn the
reon .
10. The irate of e alnill be the date for delivery ofd•. l,.pr v lot torchaparagraph II 't he ho rand plan. .!
v L,r,ae:h.ln„a: , aw
,led by mutual agreement of Seller and purchaser
II Tlllr shalt Lon rch meal trio Seller. - --
II tat 1 ath'
to payment or and I Inenled andre compliance Purchaser witparagh ltlh. n.Ih,arlterm-r :iiai It.and I.I.Subject
., Seller stall race ale ;owl In set a go.d and flatulent corral t Purchaser
nn hereof.f.
date of Clos1n —9 -- - — warranty I 1'u rch s.r .
9 _ Yex_,,rl.s nutu.l.as•n•.n,n I. an earlier date, g no.Property fr.e:nr
clear r Ile ,ells the eeuer.lt ( the f .
me and clear of all hens pee special' i nl installed tithe]ue.f Purchaser'.. .r. -.
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.. feesn.,l or nrt.Fat and cl..r of all len- nlema I ' a :ru , l rt ,, v.hetler
date of Seller's and Purchaser's execution of t athiseagreementns and cumbrances as of the
1 except the followingrrsttiniv covenants which do not emu air,a right of reverter: any of record "
and except the following specific recorded and/or apparentrmements: any Of record
1 - and subject to building anal zoning regulations.
I'2. Except as stated in paragraphs II and 13.of title isnnt merchantable and written nnlaark:ke ,sl is given by
Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing,Seller shall use reasonable L
effort to correct said defacllsr prior to date of closing.If Seller is unable Incorrect said defectisl on or before dale of•
\\ a m closing. Sellers option and upon written o ice to Purchaser or Purchaser' ,gent on nr before date of dosing,the
dab of closing shall be extended thirty days for the put
It.if title is not r pore of correcting said arch axe t.Except a eta RN
'^paragraph
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ndrreA merchantable as provided in this paragraph I2.at Purchaser's option.l his contract shall be
`aid and of no effect and each party hereto shall be released
a.edf m all h
things obligations bona hereunder
s of saloentt•\rJ hereunder shall he retained to Purchaser. and all payments and
1:1. Any encumbrance required to be paid may he paid at the time of settlement from the proceeds of this
'ransucton or front any other source. Provided.ided however. at the option of either party, if the total indebtedneaa
secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party
hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall
be returned to Purchaser.
14. General take,for the year of dosing.based on the most recent levy and the most recent assessment.prepaid
rN/A a re
nts.ots.sewer rents.FHA mortgage insurance premiums and soarers on encumbrances,if ae r.and
IS. Po.session of the Pro --shall lie apportioned to date of delivery of deed.
perty shall be delivered to Purchaser on the date of closing U
subject to the following leases or tenancies: none
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' 16. In t,e event the Property is substantially damngrd he fire,flood or other casualty between the date of this
•s contract and the date of delivery ofdeed.Purchaser may elect to terminate this contract:in
and things of value received hereunder shall be returned to Purchaser. which h da case all payments
It. Tines of the essence hereof.If any note or check received as
due heer earnest money hereunder atom other payment
• under is not paid,honored or tendered when due or if any other obligation hereunder is not performed as
herein provided there shall be the following remedies:la) IF SELLER IS IN DEFAULT II I Purchaser may elect to treat this contract as terminated,in which case
all payments and things of value received hereunder shall be returned to Purchaser r and Purchaser miry recover
such damages as may be proper,or(2a 'urchaaer may elect to treat this contract as being in full force and effect
and Purchaser she al have the nigh;to an anion for specific performance or damages.or both. I a. On IF PURCHASER IS IN DEFAULT,III Seiler may elect to treat this contract as terminated,in which case
• all payments and things of value received hereunder shall he forfeited and retained on he?all of Seller and Seller
may recover such damages as may t e proper,or r21 Seller may elect to treat this contract as being in full force and
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effect and Seller shall have the right to an action for specific performance or damages,or both
lc) Anything to the contrary herein notwithstanding in the event of any litigation arising out of this
�I contract the court may award to the prevailing party all reasonable costs and expense.including attorneys'fees.
�' 1P. Purchaser and Seller agree that.in the event of any controversy regarding the ear nest money held by broker. , •.
' unless mutual worsen instruction is received by broker.broker shall not be required to take any action but may await
any proceeding,or at broker's option and discretion.may interplead any moneys or•hinge of value into court and may
l recover court costs and reasonable attorneys'fees,
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B 1113 REC 403 e 03
F 1424 MARY OANN 4 / � I
FEUERSTEZNCLERK ; RECORDER WELD CO,OCO
Ip. Addnu uxl(inn isnms
I'hit agreement 1. rglrr ay mot ingtdtt upon the Court 's approval
hereof in Case No. MG-Ill-6r, Division I, Weld County District Court(Q'nserva I.orshi p)
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k I 90. If this proposal os accepted by Seller in writing and Purchaser receives no,il N 1911§._.this instrument shall become e
e Seller of
acceptance on or before •
sure w the benefit of the hens.successors and .contract La•ty.ren Seller rag Purchaser -
ass' n assigns parties,except and ahJll
p as stored in paragraph 7. •
lu•rh:wet
Broker
Y bate
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(The follow me settica to be compl.h•d bs Seller and Listing
21. Seller accepts the above proposal this RARenll
Y to pay-.rommin on of —dap of v � .
• the �---"r of the purchase!wire fur sur •Ixendhat,in t nt of forfeiture of payments and things such
in this u.mam Lion i
1 dividedlet..ren listing broker and Caller.oneo(vxlue received hcreuner,louch end.�¢re•es that.in
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l•olf thereat to sold broker.but not to even sad the soand ma uxion!end shall
be balance to Seller.
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� ' • SSeller's Atkin: s_• '.
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[ .1, • Listing Broker's Same and Address ---
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