HomeMy WebLinkAbout20021420.tiff .
RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST JEFFREY AND CHERI FREEBURG AND JEFF HARDY
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, Jeffrey and Cheri Freeburg and Jeff Hardy, VI #0100228, 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 4th day of June, 2002, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Jeffrey and Cheri Freeburg, property owners, were 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 August 4, 2002, to allow adequate time for the property owners
to clean up the property and for an inspection of the property by the Department of Planning
Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0100228 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Jeffrey and Cheri Freeburg and Jeff Hardy, 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 August 4, 2002,
to allow adequate time for the property owners to bring the subject property into compliance.
cr 2//6,4_ 72-7V
2002-1420
PL0824
VIOLATIONS - VI #0100228 - JEFFREY AND CHERI FREEBURG AND JEFF HARDY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD TY„C�ADO
ATTEST: iaJ 44 ! r � �
Gle aad, Chair
Weld County Clerk t. a ..r. ',�„9
W ki'` Y C
IL� t David E. Lo , Pro-Tern
BY: �i t , .
Deputy Clerk to the f«I
�� ♦� M. J. G ile
AP VD T •
Willi m H. Jerke
Aornee
Robert . Ma den
Date of signature: ')
2002-1420
PL0824
MEMORANDUM
TO: BETHANY SALZMAN, ZONING COMPLIANCE OFFICE r
FROM: CINDI ETCHEVERRY, ENVIRONMENTAL HEALTH v
CSUBJECT:FREEBURG PROPERTY,TRANSFORMERS
DATE: 06/04/2002
COLORADO• CC: TREVOR JIRICEK,DIRECTOR, ENV. HEALTH SERVICES
As per your request, I observed the video you took June 3, 2002 concerning what appears to be electrical
transformers on the Freeburg property, located at 3083 Lowell Lane, in the Ranch Eggs Estates, in Weld
County. The production of polychlorinated biphenyls (PCBs) was halted in 1977, however many in-use
electrical transformers containing the fluid remained in use. The electrical transformers could contain
Polychlorinated biphenyls(PCBs).
Environmental Protection Agency (EPA) usually handles PCBs under the Toxic Substances Control Act
(TSCA). Weld County Environmental Health requires that the property owner does not handle the
electrical transformers until the EPA has been contacted and the EPA has established handling procedures
for those transformers.
I have left messages with the appropriate persons at EPA and am expecting a phone call. I will keep you
informed on the situation.
EXHIBIT
DATE: May 31, 2002
VIOLATION NUMBER: VI-0100228
NAME: Mr. & Mrs. Jeffrey Freeburg (Owner)
Mr. & Mrs. Jeff Hardy (Tenant)
OWNER MAILING ADDRESS: 11220 Clubhouse Drive, Broomfield, CO 80020
SITUS & TENANT ADDRESS: 3083 Lowell Lane, Erie, CO 80516
ZONE DISTRICT: Agriculture
LEGAL DESCRIPTION: Lot 8, Block 3, Ranch Egg Estates, 2nd Filing, Weld County,
Colorado
TOTAL ACREAGE: 4 .00 Acres
CASE SUMDLARY
May 15, 2001 Initial complaint received.
June 27, 2001 Initial inspection conducted.
July 27, 2001 5 (five) day compliance encouragement letter sent .
September 18, 2001 Correction notice issued by Tom Potter, Electrical Inspector.
September 26, 2001 Original Use by Special Review application was submitted.
April 4, 2002 Inspection conducted. Property remains in violation.
March 15, 2002 Use by Special Review application was re-submitted along with
previously missing information.
April 30, 2002 Referral completed for Use by Special Review application was
submitted.
May 2, 2002 Inspection conducted. Property remains in violation.
May 6, 2002 Use by Special Review application was withdrawn.
May 8, 2002 Letter sent to property owner indicating that the violation
case was scheduled before the Board of County Commissioners .
May 13, 2002 Letter of Concerns was received from the "Ranch Eggs
Neighborhood Association" .
2002-1420
Currently, there is a violation of Chapter 23, Article III (3) , Division 1, of
Sections 23-3-20, 23-3-30, 23-3-30 .F and 23-3-30 .I, 23-3-40 and 23-3-40 .0 of the
Weld County Code. To bring the property into compliance the property owner shall
remove all debris associated with the existing business. Additionally, the
Derelict Mobile Home, which is also not permitted, shall be removed from the
property.
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.
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J County Planning Department
GREELEY OFFICE
MAY 1 3 2002
RANCH EGGS NEIGHBORHOOD ASSOCIATION
3348 WELD COUNTY ROAD 4 RECEIVED
ERIE, COLORADO 80516
Weld County Planning Commission May 10, 2002
1555 North 17"' Avenue
Greeley, Colorado, 80631
Reference: Jeff& Cheri Freeburg
Lot 3, Block 3. Ranch Eggs Subdivision(Filing 2)
a part of the NW4 of Section 34 TIN, R68W of the
6`s PM, Weld County, Colorado
Scheduled Hearing: Tuesday, May21, 2002 at 1:30 PM for the purpose of
considering a Special Use Permit for a Home Business of Plastics, Recycl-
ing and Storage.
Ranch Eggs Neighborhood Association met on May 5, 2002 to discuss the above
hearing. Eight board members were present as well as guest, Joe Reider, a member of the
association. There was unanimous agreement opposing the above proposed Plastics,
Recycling and Storage business for our neighborhood.
ISSUES OF CONCERN
I. Property owners, Mr. & Mrs Freeburg are applying for a Home Based Business
and to the best of our knowledge the owners do not reside on this property and
neither does an employee of the business reside at this location.. There is a
residence(trailer) on this property currently being rented by a person who has
nothing to do with the business. Our question is, does Mr. Freeburg have the
right to put a second home, occupied by an employee, on this same property?
It is our concern that because the property owner does not reside on the property,
it is obvious the esthetics of the property are of no concern— See Enclosed
Pictures.
2. If the County approves Mr. Freeburg's permit, our concern is that they would not
be compliant. For Example:
■ An abandon trailer on the property that the County notified Mr.
Freeburg in 2001, yet the trailer remains. See Photos.
•
�ft(O0V-/YS
• The amount of plastics stored outside continues to
increase even after notification by the County that this
was inappropriate business for this area.
• Feed Mill, one of the grain bin towers blew down, and
because of concern for safety by surrounding neighbors
and after notification from the county, the bin was taken
down, but it still remains on the property. See Photo
• There are electrical transformers being stored on the property
as well — another safety hazard!
Although we are not against home based businesses in this area , we at the same time,
in conclusion, are opposed to the approval of this permit based on the above reasons.
Mr. Freeburg has no concern for the esthetics of his property, nor does he care about
neighboring home values ranging from $400 to $500,000. Please see enclosed pictures
of some of the homes in our neighborhood.
RANCH EGGS NEIGHBORHOOD ASSOCIATION
BOARD OF DIRECTORS
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WIWD
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Co 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
May 8, 2002
Mr. & Mrs.Jeffrey Freeburg
11220 Clubhouse Drive
Broomfield, CO 80020
Mr. & Mrs. Jeff Hardy
3083 Lowell Lane
Ranchegg Estates
Erie, CO 80516
Subject: VI-0100228, Lot 8, BIk 3, Ranchegg Estates, 2nd Filing, Weld County, Colorado
Dear Mr. & Mrs. Freeburg and Mr. & Mrs. Hardy:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with
the Board of County Commissioners on June 4, 2002, at 10:00 a.m., to consider the violations occurring on the
property. As we discussed the above mentioned property is in violation of the following Section(s)of the Weld
County Code:
Chapter 23,Article Ill, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-30.F "MOBILE HOME subject to the additional requirements of Article IV,Division 3 of this Chapter."
Section 23-3-30.1 "Noncommercial junkyard."
Section 23-3-40 "Uses by special review."
Section 23-3-40.O "Home Business."
DERELICT MOBILE HOME: A MANUFACTURED (MOBILE) HOME that is partially or totally damaged by fire,
earthquake,wind or other natural causes,or is in a state of general dilapidation,deterioration or decay resulting from
improper lack of maintenance, vandalism or infestation with vermin or rodents. Any such DERELICT
MANUFACTURED(MOBILE)HOME shall be returned to and maintained in the condition as originally established on
site and as inspected by the Building Inspection Department, or it shall be removed from site.
To bring the property into compliance the following option(s) are available:
The"Noncommercial Junkyard"consisting of pallets,barrels,drums,bottles,plastic,trash,wood and miscellaneous
debris shall be removed from the property. The Derelict Mobile Home shall be removed from the property as well.
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 he in attendance
to answer any questions the Board of County Commissioners might have about Me violations.
Please also he advised that I will be taking video from the road or adjacent properties the business day berore
or as soon as possible to the above mentioned Violation Hearing date.
-/I01D
Mr. & Mrs. Freeburg and Mr l rs. Hardy
• 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, U.S.Postal Service
T y, CERTIFIED MAIL RECEIPT
c•
)may � „
'rr ) l (Domestic Mail Only; No Insurance Coverage Provided)mrissari
Bethany Salzma
Zoning Compliance Officer
Postage $
pc: VI-0100228 Certified Fee
Department of Planning Services Postmark
Bruce Barker, County Attorney `^ Return Receiptn Fee Here
Required)
I11 (Endorsement
O Restricted Delivery Fee
O (Endorsement Required) _ ..
O Total Postage&Fees
ru
lrl Recipient's Name (Please Print Clearly)(To be completed by mailer)
MR. & MRS. JEFFREY FREEBURG
O I Street,Apt.No.;or PO Box No.
O _1-122Q CLUBHOUSE DRIVE
OO Clt state ZIP+4
BROOMFIELD, CO 80020
SEN�E': CeM•LETETHISSECTIeN CeM LETE THISSECTI'N 'N'ELIVE•Y
• Complete items 1, 2, and 3.Also complete A. Sig . kre 4 o
item 4 if Restricted Delivery is desired. / , / /r,/ ❑ Agent
• Print your name and address on the reverse _ ° ' !l O Addressee
so that we can return the card to you. 8. Rece by(Prin4-d Name) C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits. ��C Y �.�•�`
D. Is delivery address different f+m item 1? O Yes
1. Article Addressed to: If YES,enter delivery address below: O No
MR. & MRS. JEFFREY FREEBURG
11220 CLUBHOUSE DRIVE
BROOMFIELD, CO 80020
3. Service Type
X) ertified Mail O Express Mail
O Registered O Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number
(Transfer from service label) 7000 0520 0025 0404 6483
PS Form 3811,August 2001 Domestic Return Receipt 102595-o1-M-2509
SERV ICE.TEAMWORK.INTEGRITY.DUALITY
•
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
O
D
Postage $
O
S
Certified Fee
uT Return Receipt Fee Postmark
fIJ (Endorsement Required) Here
O Restricted Delivery Fee
O (Endorsement Required)
O Total Postage&Fees
ru
tr1 Recipient's Name (Please Print Clearly)(To be completed by mailer)
MR. & MRS. JEFF 13ARDy
o Street,Apt.No.;or PO Box No.
O 3083 LOWELL LANE - RANCHEGG ESTATES
City,State,ZIP+4
PORT- LUPTON, CO
PS F.rrn3:.t,Fe•rua 2
SEN'E': CeM'LETE THIS SECTI eN C•M•LETE TI!!S SECTION eN DELNERv
• Complete items 1,2, and 3.Also complete A. Si. ure , /J
item 4 if Restricted Delivery is desired. ui {ce
• Print your name and address on the reverse / dent
so that we can return the card to you. ❑Addressee
■ Attach this card to the back of the mailpiece, B.'Rec= e. by(g to game) C. Date of Deliv=ry
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? ■ Yes
If YES,enter delivery address below: ❑ No
MR. & MRS. JEFF HARDY
• 3083 LOWELL LANE
RANCHEGG ESTATES
ERIE, CO 80516
3. Service Type
XXInertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfer from service label) 7000 0520 0025 0404 6490
PS Form 3811,August 2001 Domestic Return Receipt
10259501-M-2509
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MEMORANDUM
To: Chris Gathman, Planner April 30, 2002
WIi9�. From: Bethany Salzman, Zoning Compliance Officer
COLORADO Subject: Freeburg, Jeff& Cheri (((VI-0100228)))
Please be advised that I have been receiving complaints regarding this case. Specifically, individuals are
questioning why Mr. Freeburg is able to even apply for the"Home Business", when neither, he nor the operator
of the business are residing on the property. I can not substantiate or disprove these allegations; however, please
be advised that I am receiving them.
Additionally, a new aspect of the violation has come to light. It appears that when the new mobile home was
placed in 1996, Mr. Freeburg failed to remove the old one. It was simply moved to another location on the
property. Furthermore,this mobile home appears to be a DERELICT MOBILE HOME. This 2n°mobile home shall
be removed from the property.
SERVICE,TEAM WORK,INTEGRITY,QUALITY
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Pia
DEPARTMENT OF PLANNING SERVICES
ip
PHONE (970) 353-6100, EXT.3540
Wl FAX (970) 304-6498
C. WELD COUNTYADMINISTRATIVE
EILEY 5 N.17TH
DA VENUE GRE
COLORADO
March 11, 2002
Jeff & Cheri Freeburg
1122 Clubhouse Drive
Broomfield, CO 80020
Dear Mr. & Mrs. Freeburg,
This letter is to indicate additional submittals required for your special use permit application.
The following information is required:
1) Need signed & updated mineral owners affadavit and list.
2) Designate access and parking on USR plat (a single access point should be indicated
rather than allowing access at any point along the lot).
3) Nine additional copies of special use permit plat are required.
4) Have title company recertify the certificate of conveyances form (so that it is no more than
30 days prior to submittal of the application).
5) Water - Is the water district acceptable with this use? How much water is going to be used?
Will the water district require an upgrade or a new tap?
6) A single access should be designated on the road access information sheet.
`The Department of Planning Services is requiring that this information be submitted by no later
than Friday, March 15. If information is submitted after this date, Bethany Salzman will
schedule a violation hearing before the Board of County Commissioners. Feel free to contact
me if you have any questions in this matter.
Sincerely,
•
Chris Gathman
Planner
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
I Website: WWW.CO.WELD.CO.US
OE-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 35353-6106100, Ext. 3540
Fax: (970) 304-6498
COLORADO
July 27, 2001
Mr. & Mrs.Jeffrey Freeburg
11220 Clubhouse Drive
Broomfield, CO 80020
Current Tenant
3083 Lowell Lane
Ranchegg Estates
Erie, CO 80516
Subject: VI-0100228, Lot 8, Blk 3, Ranchegg Estates, 2nd Filing, Weld County, Colorado
Dear Mr. & Mrs. Freeburg and Current Tenant:
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
location of a commercial business on your property without a Use by Special Review permit.
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 Sal an •
Zoning Compliance Officer
pc: VI-0100228
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY.QUALITY
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
C 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
COLORADO Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
❑ ZONING CODE COMPLAINT ❑ Staff/Name: 0 Citizen ❑ Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known): C-t e 'Fy E UCP e-i fir
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): 3°3- - Of a'i
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received:
Pending Case#(i.e.USR,RE,SE,ect...): rl
Legal Description: 1' 'L71Y_ rYA Ea`lliC3 i rcel#: j 409'7 nt-1 • .: •L,'3 COS
-1J
Violation Address: 6R,3 ( r..1.C)e f 1 ( NY,
Property Owners Name: Vs'e Q,pt A ta, , ZVV cIYQ t-\ Y,��'"uj Phone:
Property Owners Address:
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: Qt(l. 'i(J Q7.“L.N.Dr 7{•Y,") i t ITU ' L. r:
arc( (Mb? I-terne,
Complaint Referred To: Date:
Complaint Referred To: Date:
Additional Notes:
f'1 ,01 Recorder.
A1t24374t76 2437406 B-1491. P-152 O5/O8/95 03: ,.. PO 1 OF 1 AEC DOC
Weld County CO Clerk & Recorder 5.00 15.00
WARRANTY DEED
THIS DEED,Made on May 1, 1995
betweenLongsview Egg Farms, Inc., a Colorado Corporation
Dissolved
a corporation duly organized and existing under and by virtue of the laws of the State
of Colorado ,grantor,and
Jeffery A. Freeburg and Cheri L. Freeburg r
as joint tenants
whose legal address is 11220 Clubhouse Drive
Broomfield CO 80020
Said Weld
of the *County of and State of Colorado,grantee:
WITNESSETH,That the grantor,for and in consideration of the sum of ($150,000.00 )
One hundred, fifty, thousand b dollalrs and no rts DOLLARS,
the receipt and sufficiency al which here y acttnnow e g as grant bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the reel property, together with
improvements, if any, situate, lying and being in the Said County of Weld
State of Colorado,described as follows:
Lot 8,
Block 3,
`4 Ranch Eggs Subdivision Filing No. 2,
County of Weld, State of Colorado.
L—
q
also known by street and number as: 3083 Lowell Lane
Erie, Co 80516
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 an 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 hereditsments and
appurtenances.
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 itself,and its successors, does covenant,grant,bargain, and agree to and with the grantee, his heirs
and assigns, that at the time of the ensealing and delivery of these presents, it 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 tight, full power and 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,oyes,lien,taxes.asousmenhv,enrnmhran d restrictions of whatever kind or n lure soever xce t
to es rot the Current year ono subsequent years, anc except epasements,
restrictions, reservations, rights of way and covenants 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 claign6 the whole or any pan thereof.
The singular number shall include the plural,the plural the singular,and the use ofagy gender shall be applicable to all genders.
IN WITNESS WHEREOF,the grantor has caused its corporate name to be hereunto subscribed by its
President, and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first
above written.
Attest:
Longsview Egg Farms, In..uv•ll r
By
Carol tea.r Ct � r -%.
STATE OF COLORADO IL.PP�llllff tC t -
l SS. /-
Said C of Weld J Herta Gue'nflerr„ SepY,aetary
I The foregoing instrument was acknowledged before me on 1 May 95
by Carolyn Barnett as Pres President
and Herta Guenther as Sec Secretary
of Longsview Egq- Farms, Inc. A Colorado Corporation Dissolved a corporation.
My nmisaion exsir it a `11 -B?4f'i6s last su yeying Board of Directors
, Witness by hand andlrefficial seat. 4s,
C'
*If in Denver,mse,'It'City and". . NWry5bh0
Susan L. Edwards
No.d011.Rev.5414 W X?DEED'(t*oryurntion)
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