The URL can be used to link to this page

Browse Search

Home My WebLink About20020347.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JAVIER FERNANDEZ AND GABRIELA GUTIERREZ 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, Javier Fernandez and Gabriela Gutierrez, VI #0100233, 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 February, 2002, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Javier Fernandez and Gabriela Gutierrez were represented 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 April 13, 2002, to allow adequate time for the property owner(s) to bring the subject property into compliance by filing an application for a Use by Special Review Permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0100233 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Javier Fernandez and Gabriela Gutierrez 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 April 13, 2002, 2002, to allow adequate time for the property owner(s) to bring the subject property into compliance. 2002-0347 l,C , , 2j /47)6A/ PL0824 VIOLATIONS - VI #0100233 - JAVIER FERNANDEZ AND GABRIELA GUTIERREZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of February, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: £4 � �'? f At.e..�, _ 1.4.4'-d gil\-'3' Glen ad, Chair Weld County Clerk to th7 .a b k9 i� - �. & CND c� �� u.►` / David E. g, Pro-Tem BY: ._ii ��- !ri1.4 t - 1 Deputy Clerk to the B N.` e{igi M. J. Geile J / APPROV AS O FOR . " iei I N / illia H. Jerke 4, m ^l y torney Robed D. Masden Date of signature: -l,5 2002-0347 PL0824 DATE: February 7, 2002 VIOLATION NUMBER: VI-0100233 NAME: Mr. Javier Fernandez and Ms. Gabriela Gutierrez ADDRESS: 3051 Western Drive, Hudson, CO 80642 ZONE DISTRICT: Agriculture LEGAL DESCRIPTION: Lot 19, Vantage Acres, 2"d Filing, Weld County, Colorado TOTAL ACREAGE: 5 .43 Acres CASE SUMMARY August 7, 2001 Initial complaint received. August 8, 2001 Initial inspection completed. August 8, 2001 Five day compliance encouragement letter issued. August 23, 2001 Violation letter issued. December 20, 2001 Property inspected. Property still in violation. January 25, 2001 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, 23-3-20 .A, 23-3-30, 23-3-40, 23-3-40.B.15 and 23-3-40 .B.16 of the Weld County Code. To bring the property into compliance the property owner shall apply for a Use by Special Review permit or cease all roping arena activities. Additionally, the camper-trailer/Recreational Vehicle shall be abated as a dwelling unit. 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. 2002-0347 (lietit4c\s, DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 C. Phone (970) 353-6100 Fax (970) 304-6498 COLORADO January 25, 2002 Mr. Javier Fernandez and Ms. Gabriela Gutierrez 3051 Western Drive Vantage Acres Hudson, CO 80642 Subject: VI-0100233, Lot 19, Vantage Acres, 2n° Filing, Weld County, Colorado Dear Mr. Fernandez and Ms. Gutierrez: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on February 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 23-3-20.A "One(1)Single-Family Dwelling Unit and Auxiliary Quarters per legal lot." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by special review." Section 23-3-40.8.15 "Rodeo Arenas,Commercial." Section 23-3-40.8.16 "Roping Arenas to include both indoor and outdoor arenas,commercial." To bring the property into compliance the following option(s) are available: As we have previously discussed,a"Use by Special Review"permit shall be obtained prior to any rodeo events. Additionally, the camper/trailer shall be vacated as a dwelling unit. Your extension for submitting the USR application has expired. To bring your property into compliance,a USR application shall be received prior to the Violation Hearing or the activity shall cease to exist. 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, 4. Bethany Salzm'a/ Zoning Compliance Officer pc: VI-0100233 Department of Planning Services Bruce Barker, County Attorney SERVICE.TEAMWORK,INTEGRITY.QUALITY Kit ctd DEPARTMENT C ?LANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 11 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 C. Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE August 23, 2001 • Mr.Javier Fernandez and Ms. Gabriela Gutierrez 3051 Western Drive • Vantage Acres Hudson, CO 80642 Subject: VI-0100233, Lot 19, Vantage Acres, 2nd Filing, Weld County, Colorado Dear Mr. Fernandez and Ms. Gutierrez: 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 23-3-20.A "One(1)Single-Family Dwelling Unit and Auxiliary Quarters per legal lot." Section 23-3-30 "Accessory uses." Section 23.3-40 "Uses by special review." Section 23-3-40.8.15 "Rodeo Arenas,Commercial." Section 23-3-40.8.16 "Roping Arenas to include both indoor and outdoor arenas,commercial." To bring your property into compliance with the Weld County Code: As we have previously discussed, a "Use by Special Review" permit shall be obtained prior to any rodeo events. Additionally,the camper/trailer shall be vacated as a dwelling unit. 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 23, 2001, 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-0100233 Julie Chester, Lead Planner 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 lige 1555 N. 17th Avenue, Greeley, CO 80631 WI Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO August 8, 2001 Mr.Javier Fernandez and Ms. Gabriela Gutierrez 3051 Western Drive Vantage Acres Hudson, CO 80642 Subject: VI-0100233, Lot 19, Vantage Acres, 2"d Filing, Weld County, Colorado Dear Mr. Fernandez and Ms. Gutierrez: 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 roping/riding arena without an approved Use by Special Review permit. For your convenience, I have enclosed the necessary permit; however, I would suggest that you come to the office and speak to one of our"On-Call Planners" (Monday or Friday, 12:00 p.m.-4:00 p.m. or Tuesday thru Thursday, 7:30 a.m.-4:00 p.m.) No appointment is necessary because individuals are seen in the order they sign in. Additionally, we are concerned with a report that someone is living in the camper/trailer behind the property. The Weld County Code does not make allowances for individuals to utilize camper/trailers as dwelling units. Please contact me within five working days of the date of this letter to review these concerns with me or a thirty- day violation notice will be 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-0100233 Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK.INTEGRITY,QUALITY M a_ a) J o a ff �� CI . LIS®CI®® & . g 14, . iri ' Z Q I �i�uu��uuuu `4, tr cn , ZN — is H Q . � � " < » v " ,1 x 0 Le = J r N } d 2', m 0 LOW IA zi.0 o DI N A47 :: _ . C R .C c, •ii ® ';_ CI CI d ! .0 z -G. N e Q z,,c r0 G© ~ co $ E q sp vi O »QQ 0 La v- r� z ac_ x� cc= `s "D❑ ❑❑ ❑ zs ll LupY higi a a 0d1 11, c o = f LAJ3 ..J p c C.:� O>t a Si. . ' '� M,,, cn ten= z $ IPrd.ct ,4I 1 a ,i' ` ' cu CJ— ai M Z 0 = .,N a 3 6 1 JLLJ .C •» ZI cal.ZI HI Ls.ml an Z co '" ' ' Qx a O. LOCI .3 0: CO DD❑❑❑❑D❑ Ca ® 3 v I- Ira 54.y._ 41 Q3 C".1 Qi.tf,t73.A vs ar Lair.. � CA y f p z CC., CI_ 1 Ill lig , • El a` x #`'5, '1`;1 ,. __._. •I L'�17[77:11. c, 3 m AP co " .� n. 0 r� , L L i.....•'.. i, • w >, _ � .• Li m w L „ d_. ,,, �Voi • .c , �Op: eji -er Q • 'el z !>i . :., fiI • w ILI is 9 dl c P 7J. 3 • N C ; GL o N U • 76 d M °C ° `� z gr. f '` z w N !J Cli UiM ...,:'''.'.!5.. ❑ It La •: : m... c'.i C-, a .:•'r Al'i C. v • ., f.. :,... ...R.2:....... ..1 . 1. rl LSL1 ji�l.,; N N N to N' • m Q.2 al • m m m. o: .o m o Q,. z U]_. a: �.. . ' •- � . g 'o : a * o m. n (.7 ri • •a QI; TI=. 5 r .. •3 y,'Hfo- 1 t'llilifl I I il.;• ':1 !h .• , tl Yr fi �. `:t?�I�� co r_, Ik� o� � . m a}'..,',V }.v: [ { r; 7 hyy 4l I TT t(' I } ; ^ C d ii,:.3 —. , — �_ {• , ,,mil u + ..l E„ S I id %.., (' ti r.*" N-: 11 L w I I0A 44 J Z J U co E Z (r) E <� m m'1141 GO a 4 — tiic C7 ,�aifii-Y Z f,f�I m 3 Z 111"�p;;;;'e: 1,.. e 0 co = II N N OJ y�.yip ` : (1CO ZO :.;,..• cc al D N m m _ - - S cii g'c a cEcccEc CC qCC IN ed 41 ':' a ct G9 j ❑ a:- w I z >ti. v 5 ►i II cn c • a 4 N CO s• CD M ❑ Z 3 m , o o Hill I _I _I 0. Z W -•.- _ _ as ~ z I I I I I 13 v;' ^ O o in CC to o o 1 1 a .- u- o c[ o Q > > m a o 1 I I I I �, ti 8 i a O a, 3 ftI co 1 ! II < COco O N 71 v, 1 co 'li N Z ;pu o i 1 3 o o ; 11, o ,: —j c, o t a C7 Z N iy , n, M e d e .R g u I '.1. '.. u a 'IL. G o S y, CD rz 6 i, ±� a� W:I I 2 'I � QI uI W ��. ti il I.J t i1 II*Is. l'f 4rN* i4 $ ri *! r , *2 ,51 ff X `�0. cE, Woa gf — AI.1 z m O ,, vy Q. 1-*' O H U a on ,-2.N s,. 2 3 W Cy 3 P I d ,. -, Y . 2w V l�li J U ¢� I d CL tai`µ + Ch'� y ¢ i y cum T. I N n N c 8 N a N' $i'rF • o da uY.,iry(ta4Y.: j. '� "� Z zaFpae- a m �2 c ,r (t ��[[[ �j{5 W 8 fla. J s °.. � 3 j� l ppt�1, > ;dip°O >8;°, ' � Fn1py zruEp ' Q -6 (J ,4IµW�m, 11:1a Q :Mil. Y �� m > 1 , ,ti,I' =4o a e 'Iik c ¢] n s r,w D,":1 1 "E } I ILL' t ,, a I Z aW e. =W N d g MI i— ? O v = O C �, 03 y 0 bo. m m o m L c y K (1. CL J if a fij tits%) rs DEPARTMENT OF PLANNING SERVICES EN Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 J" L ' Phone: (970) 353-6100, Ext. 3540 COLORADO• v Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: X ZONING CODE COMPLAINT ❑ Staff/Name: k Citizen En Other: o HEALTH DEPARTMENT Citizen's Name(If known): Ptecn (�u N ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): J $. BUILDING CODE COMPLAINT o PUBLIC WORKS/PEST&WEEDS Date Complaint was received: 5 l'1 It']1 Pending Case#(i.e. USR,RE,SE,ect...): Legal Description: UQ4 \ nn-te Cy P7ij si inr1 56 ri Parcel#: 1415. i'l-3.O4•()EA Violation Address: 1 U)1caSk L )le. rtvc I-1I Artf,rrL (I,r' '5V)(ptia - _ _ Gobnida Property Owners Name: E.A.Fery l Se-Ail Q-' ' t l l{ ;firrr3r Phone: Property Owners Address: `i\ryt, at . abn.(, Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: , 6 br P,ALLit rne `Muth ai i 600. t14 CaMpA!tn. Wr udaD aCIVEIIinr1 Wirt . Complaint Referred To: � 1 Date: c.i 0\nt Complaint Referred To: Date: Additional Notes: 1:Latc rn. '71„3I k 3 2C-71-'1. : I al,, n',; ,11. 111111111111111111111111IIII11111111111III11111IIII IIN 2713113 00/10/1999 03:52P Weld County CO 1 of 1 R 6.00 D 24.35 JR Suit! Toukamoto li /L.3 WARRANTY DEED THIS DEED,Made this 30th day of July , 1999 ,between REBECCA S. RICKEL of the said County of WELD and State of COLORADO ,grantor,and JAVIER FERNANDEZ AND GABRIELA GUTIERREZ • whose legal address is 3051 WESTERN DR. — N HUDSON CO 80642 of the said County of WELD and State of COLORADO grantee: WITNESS,that the grantor, for and in consideration of the sum of TWO HUNDRED FORTY-THREE THOUSAND FIVE HUNDRED 6 00/100 DOLLARS,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 said County of WELD and State of Colorado described as follows; LOT 19, VANTAGE ACRES, FILING NO. 2, COUNTY OF WELD, STATE OF COLORADO also known by street and number as: 3051 WESTERN DR., HUDSON, CO 80642 A \ TOGETHER with all and singular the hereditaments and appurtenances thereto 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 demand what- soever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. CI , TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs,and personal representatives, does covenant,gram,bargain,and agree to and with the grantee, 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,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 as 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 GENERAL TAXES AND/OR SPECIAL ASSESSMENTS DUE AND PAYABLE FOR THE YEAR 1999 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS, AND RIGHTS OF WAY, OF RECORD, IF ANY; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee,his 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. 7e%teea Me.g REBECCA S. RICICEL Stete.of . COLORADO )ss. County of :WELD • 'The fo/egoing instrument was acknowledged before me this 30th day of July , 1999 , by REBECCA S. RICKEL Y. / My commission expires/./ � . Witness my hand .i of ial seal. Notary Public File No.99633242 Univernl Land Title of Colorado,Inc. No.921A WARRANTY DEED(To Joint Teeny Rev.997 Hello