HomeMy WebLinkAbout20022462.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST RAMON AND FLORA ROBLES 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, Ramon and Flora Robles, VI #0200216, 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 10th day of September, 2002, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Ramon and Flora Robles were not present or represented at said hearing,
although all parties were notified of said hearing by Department of Planning Services staff, and
WHEREAS, the Board deems it advisable to bring legal action against those individuals
named above to correct said violation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to
proceed with legal action against Ramon and Flora Robles 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.
2002-2462
PL0824
VIOLATIONS - VI #0200216 - RAMON AND FLORA ROBLES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of September, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: gal/I J9!: E . L EXCUSED
�,` GI-+cVaad, Chair
Weld County Clerk to th-1oa � • -'
, 1861 ti, ZA.
c-QO , {, ''%ids' David E. L. %g, Pro-Tem '
BY: i_/_®i • ri•.1._ a 3'y"r
Deputy Clerk to the B.�1 =ft le
AP Oz D AS F •
AEXCUSED
William H. Jerke
ounty Atto i
R bert D. Masden
1
Date of signature: 3
2002-2462
PL0824
DATE: September 5, 2002
VIOLATION NUMBER: VI-0200216
NAME: Mr. & Mrs. Ramon Robles
ADDRESS: 1023 Hwy 119, Longmont, CO 80504
ZONE DISTRICT: Agriculture/MUD
LEGAL DESCRIPTION: Lot A of RE-2794, also known as part of the SW4 of Section 5, T2N, R68W, of
the 6th P.M., Weld County, Colorado
TOTAL ACREAGE: 17 Acres
CASE SUMMARY
May 7, 2002 Initial complaint received.
May 28, 2002 Initial inspection completed.
May 24, 2002 Five day compliance encouragement letter issued.
June 6, 2002 Violation letter issued.
July 15, 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 111(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 business from the site or apply for a Planned Unit Development (PUD) anolication and a Site
Plan Review(SPR)application.
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.
2002-2462
,-0501„
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Inspection information Sheet
VIOLATION: VI-0200216 STATUS: ISSUED
DESCRIPTION: Commercial Business in the Ag/MUD
BASE INFORMATION:
PARCEL NUMBER: 1313-05-0-00-063
LEGAL DESCRIPTION: PT SW4 5-2-68 LOT A REC EXEMPT RE-2794 SITUS: 1023 119 HWY
WELD 80504
OWNER: ROBLES RAMON & FLORA
OCCUPANCY:
LOCATION: 1023 Hy 119 WEL
APP TYPE: VI CLASS CODE: VI-6 ZONING DIST: AGRI
INSPECTIONS:
Item: 00404 TELEPHONE CALL
Item: 00405 LETTER
05/24/2002 By: BJS Action: NO Comments: 5
day compliance encouragement letter sent.
06/06/2002 By: BJS Action: NO Comments: 30
day violation notification issued.
07/15/2002 By: BJS Action: HR Comments:
Violation Hearing notification was issued ( certified
- 09/10/02 @ 10:00 a.m.)
Item: 00400 SITE INSPECTION
05/28/2002 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
items were noted: 1+ semi and trailer, construction
equipment, a sign and miscellaneous
building/construction materials.
Item: 00406 OFFICE VISIT
printed:September 5,2002
form:inspinfo
tilte;),
rs
DEPARTMENT OF PLANNING SERVICES
1111 gC 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
)uly 15, 2002
R & R Concrete
Attn: Mr. & Mrs. Ramon Robles
1023 Highway 119
Longmont, CO 80504
Subject: VI-0200216, Lot A of RE-2794 also known as part of the SW4 of Section 5, T2N, R68 NA(of the 6"'
P.M., Weld County, Colorado
Dear Mr. & Mrs. Robles:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with
the Board of County Commissioners on September 10,2002,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 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 the property into compliance the following option(s)are available:
Since this property is located within the Mixed Use Development(MUD)boundaries,the business(R& R Concrete)
shall be totally removed from the site or a Planned Unit Development(PUD)and Site Plan Review(SPR)application
shall be completed and submitted for review.For questions, I would suggest that you come to the office and speak to
one of our"On-Call 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.
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 represe„tative 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.
is a. IC L.U11U1C C
Page 2
The Department of Planning Services' staff will be recommending that the Board o` 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, //avacie4 Bethan Salzman I
y
Zoning Compliance Officer m y o" r m p = a, a
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pc: VI-0200216 > k, o r ° ° o °
•Department of Planning Services ; ci ' ; _ S.
Bruce Barker, County Attorney I I I s
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SERVICE,TEAMWORK,INTEGRITY,QUALITY
rifcit;;\
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
' E-mail Address: bsalzman@co.weId.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
June 6, 2002
R & R Concrete
Attn: Mr. & Mrs. Ramon Robles
1023 Highway 119
Longmont, CO 80504
Subject: VI-0200216, Lot A of RE-2794 also known as part of the SW4 of Section 5, T2N, R68W of the 6'h
P.M., Weld County, Colorado
Dear Mr. & Mrs. Robles:
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 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:
The business (R & R Concrete) shall be totally removed from the site or a Use by Special Review application shalt be
completed and submitted for review. For questions,I would suggest that you come to the office 2rd speak to one of our
"On-Call Planners"(Wednesday,7:30 a.m.-4:00 p.m.or Monday or Friday, 12:00 p.m.-4:00 p.rr.) Additionally,please
be advised that we have opened another location to better serve the public. Our other office is locac.d 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,June 6, 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.
n L. IX LAJILLJCIL NO lvli. .X ral _VUII,J
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 Salzman
Zoning Compliance Officer
pc: VI-0200216
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
)
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
ig
"le Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
1555 N 1h Avenue , CO 83541
Phone: (970) 353-6100, Ext. 3540 •
Fax: (970) 304-6498
COLORADO
May 24, 2002
R & R Concrete
Attn: Mr. & Mrs. Ramon Robles
1023 Highway 119
Longmont, CO 80504
Subject: VI-0200216, Lot A of RE-2794 also known as part of the SW4 of Section 5, T2N, R68W of the 6'"
P.M., Weld County, Colorado
Dear Mr. & Mrs. Robles:
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
maintenance ofa concrete business without the required Weld County Permits. In the Mixed Use Development
(MUD)area,such as this property is located,a Planned Unit Development(PUD)application shall be submitted
and completed, in order to complete a Site Plan Review (SPR)application. Our records indicate that neither of
these applications have been submitted to this office for review. For questions, I would suggest that you come
to the office and speak to one of our"On-Call 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.
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 sce me persona!y, 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-0200216
Department of Planning Services
Bruce Barker, County Attorney
SERVICE.TEAMWORK,INTEGRITY,QUALITY
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7�� DEPARTMENT OF PLANNING SERVICES
` ( �,� Code Compliance Division
wfik V 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 ay:
ZONING CODE COMPLAINT o Staff/Name: 0 Citizen )( Other cc-arn
BUILDING CODE COMPLAINT \C?vccorn
Date Complaint was received:
Pending Case#(i.e.+US,R,RE, SE, ect...):
Legal Description: LA' A' R 'anga 1 ut.\ IJ` n5cat\si ,si coParcel#:1,Pi3Ce.)O.cfl-c LU
Violation Address: ‘Cta 1.-IN act
Property Owners Name: IW P) karnCin t' V S, lVc Phone:
Property Owners Address: (F)
Tenant's Name: Phone:
Tenant's Address: �,
NATURE OF COMPLAINT: p D g.. Cbrc tc ( t .O;Afm.s,
Zoning Complaint Referred To: Date:
Building Code Complaint Referred To: Date:
Additional Notes:
6-33 _ 1111111 IIIII 1111111 III 111111 IIII 1111111 III IIIII IIII IIII
2792833 09/11/2000 11:50A JA Suki Tsukamolo
1 of 1 R 5.00 D 56.00 Weld County CO
WARRANTY DEED
THIS DEED, Made this 5TH day of SEPTEMBER, 2000 between
Eileen S. Jaskowski and LeRoy H. Swenson of the County of Weld and ,fpa?8.s/7a
State of Colorado, grantor, and
Ramon Robles and Flora Robles I
whose legal address is 1023 Highway 119, Longmont, Colorado 80504
1/
of the County of Weld and State of Colorado, grantees:
WITNESS that the grantor for and in consideration of the sum of FIVE HUNDRED SIXTY
THOUSAND AND 00/100, (5560,000.00) 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 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. RE 2794, recorded August 28, 2000 as Reception Number
2789721 in Weld County Records, being a portion of the Southwest Quarter of Section 5,
Township 2 North, Range 68 West of the 6th P.M, County of Weld, State of Colorado.
also known by street and number as 1023 Highway 119, Longmont, Colorado 80504
TOGETHER with all and singular the hereditament: 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 demand whatsoever of the grantor, 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, unto the grantees, their heirs and assigns f And the grantor,
for himself, his heirs and personal representatives, doss 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 seised 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 sass arm
free and clear from all former and other grants, bargains, sales, liens, taxes,
assess meats, encumbrances and restrictions of whatever kind or nature :never, except
general taxes for 2000 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any; , all
minerals and/or mineral rights currently on subject property, owned by sellers.
to
Doc Fee rat
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable po ion 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 deed on the date set forth above.
e . askb fi
• Lre—II a
LeRoy H. Swenson
STATE OF COLORADO }
} us. The foregoing instrument was acknowledged before
County of Weld } ma this 5TH day of SEPTEMBER, 2000
by Eileen S. Jaskowski and LeRoy H. Swenson
es, y hand and official seal.
My / i ion expires 57,..) • O✓
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�• eeeeeea Siygti: 19-A1- 4?Cdl
- e nTA/4 .ip i1 NOTARY PUB IC
} ;.O I 916 17TH AVENUE
No. 921A. ;-et. 3-85 i LONGMONT, COLORADO 80501
i S : ,i',dtSti A NC".O.°1
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X11' ...,..�,•.L' i
OF OOL�- After Recording Return To:
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