HomeMy WebLinkAbout20022773.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARGING VIOLATION
VI #9900033 AGAINST ALKIE AND MARTINA LUJAN 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, Alkie and Martina, VI #9900033, are allegedly in violation of the Weld
County Code, 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, Alkie and Martina 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 of County Commissioners determined the property owner has
brought the subject property into compliance and deemed it advisable to dismiss said matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #9900033 against Alkie and Martina Lujan be, and hereby is,
dismissed.
2002-2773
PL0824
VIOLATIONS - VI #9900033 - ALKIE AND MARTINA LUJAN
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: tk fil °J �% EXCUSED
E1 Vaad, Chair
Weld County Clerk to the ' ar. �f' ,
'r^ , `V. A c,
' �IM1 y "� nava E. ng Pro-Terti
BY:
Deputy Clerk to the Bob+« e` - ////
M. J. Geile
APPROV D AS TO FO 7 1'/
William H. Jerke
ofinty Attorney! EXCUSED
Robert D. Masden
g/se,
Date of signature:
2002-2773
PL0824
DATE: October 10, 2002
VIOLATION NUMBER: VI-9900033
NAME: Mr. & Mrs. Alkie Lujan
MAILING ADDRESS: 4235 W. Service Road, Evans, CO 80620
SITUS ADDRESS: 3819 Valley View, Evans, CO 80620
ZONE DISTRICT: Agriculture
LEGAL DESCRIPTION: Part of Lot 6, also known as part of the NE4NW4 of Section
30, T5N, R65W, of the 6th P.M. , Weld County, Colorado
TOTAL ACREAGE: .54 Acres
CASE SUMMARY
February 12, 1999 Initial complaint received.
June 25, 2002 Another complaint received.
June 25, 2002 Initial inspection completed.
June 25, 2002 Five day compliance encouragement letter issued.
July 19, 2002 Violation letter issued.
August 7, 2002 Property inspected. Property still in violation.
August 21, 2002 Letter sent to property owner indicating that the violation
caw_ was scheduled before the Board of County Commissioners.
August 26, 2002 Incomplete Building Permit application submitted.
August 29, 2002 Certified mail receipt received signed.
October 9, 2002 I called Mr. Lujan and left a message reminding about the
hearing and what we would need to cancel the hearing.
Currently, there is a violation of Chapter 29, Article III (3) of Sections 29-3-10
of the Weld County Code. To bring the property into compliance the property
owner shall submit all required items to initiate the Building Permit process.
These items include: Receipt showing sewer purchase from the City of Evans and
engineered foundation plans showing beams or center bearing wall.
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.
2002-2773
rat
' DEPARTMENT OF PLANNING SERVICES
iglC 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
August 21, 2002
Mr. & Mrs. Alkie Lujan
4235 W. Service Rd
Evans, CO 80620
Subject: VI-9900033, Part of Lot 6, also known as part of the NE4NW4 of Section 30,T5N, R65W of the 6'h
P.M., Weld County, Colorado
Dear Mr. & Mrs. Lujan:
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. 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 23-3-20.P "MOBILE HOME subject to the additional requirements of Article IV,Division 3 of this Chapter."
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."
Chapter 23,Article IV,Div 3 "Mobile Homes"
Section 23-4-130 "No MOBILE HOME may be located or relocated in the County after August 25, 1981,except
in accordance with this Division,including the issuance of any zoning permit which may be required by this Section.
Each MOBILE HOME located or relocated in the County after said date must have a BUILDING permit fora MOBILE
HOME issued pursuant to Chapter 29 of this Code. An application for any zoning or building permit for a MOBILE
HOME required by this Division shall include the following:"
Chapter 29,Article III "Building Permits"
Section 29-3-10 "Building permit required.
No building or structure regulated by this Building Code shall be erected,constructed,enlarged,altered,repaired,
moved,improved,removed,converted or demolished unless a separate building permit for each building or structure
has been first obtained from the Building Inspection Department. (Before any demolition permits are issued,
approval must be given by the Department of Public Health and Environment.)"
To bring the property into compliance the following option(s)are available:
You already indicated that the mobile home will be removed within the week. Please be advised that if this does
not occur a"Zoning Permit for a Mobile Home"application shall be submitted. Additionally,as we have previously
discussed,a building permit has not been located for the principle dwelling unit. Before any additional work is to
occur a building permit must be obtained. To bring the property into compliance the mobile home shall be removed
or permitted and the Principle Dwelling Unit shall be brought into compliance through the Building Permit process.
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.
Mr. &Mrs. Lujan
Page 2
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.
Sincere) U.S.Postal Service
Y, CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
.A
rU
Bethany Salzma
Zoning Compliance Officer M1
Postage $
O
c: VI-9900033
p Certified Fee
Department of Planning Services Postmark
Return Receipt Fee Here
Bruce Barker, County Attorney (Endorsement Required)
rU
O Restricted Delivery Fee
Q (Endorsement Required)
p Total Postage 8 Fees
11J
III Recipient's Name (Please Print Clearly)(To be completed by mailer)
O MR. & MRS. ALKIE LUJAN
Street,Apt.No.;or PO Box No.
O 4235 W. SERVICE ROAD
NCity,State,ZIP+4
E AN
r.
SENaE': CaM'LETE THIS SECTI eN C•M•LETE THIS SECTI eN aN •ELIVE•Y
• Complete items 1,2,and 3.Also complete A. Signet __
item 4 if Restricted Delivery is desired. Dag ,
■ Print your name and address on the reverse
so that we can return the card to you. ,e- 'ec-i :. by(Printed Name) Cr-pate of Delivery
• Attach this card to the back of the mailpiece, -
or on the front if space permits. o`'3
D. Is deliv: address different from item 1? 0 Yes
1. Article Addressed to:
If YES,enter delivery address below: ❑ No
MR. & MRS. ALKIE LUJAN
4235 W. SERVICE ROAD
EVANS, CO 80620
3. Service Type
X74X$ertified Mail 0 Express Mail
❑Registered El Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfer from service label) 7000 0520 0025 0404 7626
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035
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
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
O Fax: (970) 304-6498
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
July 19, 2002
Mr. & Mrs. Alkie Lujan
4235 W. Service Rd
Evans, CO 80620
Subject: VI-9900033, Part of Lot 6, also known as part of the NE4NW4 of Section 30,T5N, R65W of the 6'h
P.M., Weld County, Colorado
Dear Mr. & Mrs. Lujan:
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 III, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-20.11 "Mobile home subject to the additional requirements of Article IV,Division 3 of this Chapter."
Section 23-3-30 "Accessory uses."
Section 23-3-30.1 "Noncommercial junkyard."
Chapter 23,Article IV, Div 3 "Mobile Homes"
-No mobile home may be located or relocated in the County after August 25, 1981, except in accordance with this
Division,including the issuance of any zoning permit which may be required by this Section. Each mobile home located
or relocated in the County after said date must have a building permit for a mobile home issued pursuant to Chapter 29
of this Code....
Section 23-4-140 "Mobile homes permitted in the A Zone District."
Chapter 29,Article VII "Mobile,Manufactured or Factory-Built Home Permits"
Section 29-7-10 "Permit required."
-No mobile,manufactured or factory-built home,as defined in this Building Code,may be located or relocated within
the County without a building permit issued by the Building Official.
To bring your property into compliance with the Weld County Code:
The"Noncommercial Junkyard"shall be restored,removed or screened from all adjacent property owners and public rights-
of-way. Additionally, as I have previously indicated, our records do not show any evidence of an existing building or
zoning permit fora mobile/modular home.For questions regarding the zoning permit fora mobile home, 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.
Mr. &Mrs. Lujan
Page 2
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 , July 19,
2002, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before
the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office
for legal action.
Any information you have that may help to resolve this matter will be helpful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above address,
telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment
so that I may reserve a sufficient amount of time with you.
Sincerely,
Bethany Salzman
Zoning Compliance Officer
pc: VI-9900033
Trudy Halsey, Building Compliance Officer
Department of Building Inspections
Department of Planning Services
Bruce Barker, County Attorney
•
•
SERVICE,TEAMWORK,INTEGRITY,QUALITY
/A t ‘0"........"..; DEPARTMENT OF PLANNING SERVICES
IlliCode 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 0 Staff/Name: 0 Citizen 0 Other
❑ HEALTH DEPARTMENT Citizen's Name(If known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known)
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS 7
Date Complaint was received: 6 -25-'s - a P
Pending Case#(i.e. USR,RE, SE, ect...):
Legal Description: / 4 (' e V N o Y ?Xi f InC Parcel#: O ! e / 3/1 2O ?Co/ 7
Violation Address: 3 e / 9 U q ((Q9 U +.
Property Owners Name: Phone:
Property Owners Address:
Tenant's Name: Phone:
Tenant's Address: I 1
NATURE OF COMPLAINT: I L c4-vrl 0 }---o IS Q /a.n'r 4 £)G ^e ✓ Ne)o I Q � e
1' sle�rt➢ i I5 r� fN -EP) L! (le s ( SQ rAxp S,P f/Ljc
Complaint Referred To: Date: Co —d —O,�
Complaint Referred To: pn�, �1 "�`}u— Date:
Additional Notes: i')Lx V l 9(7 (ty'
ri a
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
Inge
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
June 25, 2002
Mr. & Mrs. Alkie Lujan
4235 W. Service Rd
Evans, CO 80620
Subject: VI-9900033, Part of Lot 6, also known as part of the NE4NW4 of Section 30,T5N, R65W of the 6Th
P.M., Weld County, Colorado
Dear Mr. & Mrs. Lujan:
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
existence of a "Noncommercial Junkyard" and a Modular / Mobile Home without building and/or Zoning
Permits.
DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power);or is partially or totally dismantled;or has all or
portions of its body work missing or is substantially damaged;or is not registered with the State of Colorado,as required by Section 42-3-
103,CRS, or by Sections 42-3-138 or 42-12-102, CRS,and/or the number plate assigned to it is not permanently attached to the vehicle,
as required by Section 42-3-123,CRS;or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road
rights-of-way or otherwise not equipped with lamps and other equipment as required in Sections 42-4-202 to42-2-227,CRS. This definition
shall not include; implements of husbandry, farm tractors,or vehicles customarily operated in a FARMING operation.
SCREENED: Construction and maintenance of fences,earth berms or the USE of LANDSCAPING materials or other materials USED with
the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding USES.
NONCOMMERCIAL JUNKYARD:An area where any waste,JUNK,or used or second hand materials are stored or handled,including,but
not limited to scrap iron and other metals,paper,rags,rubbertires,building materials,and bottles. A NONCOMMERCIAL JUNKYARD may
also includethestorage or keeping of DERELICT VEHICLES. The NONCOMMERCIAL JUNKYARD shall betotallyenclosed within a building
or structure or visually SCREENED from all adjacent properties and public rights-of-way.
JUNK:Scrap brass, iron,lead,tin,zinc;all other scrap metals and alloys;bones; rags; used cloth. rope,rubber,tinfoil,bottles,old or used
machinery of any type;used tools,used appliances;used lumber or crates;building materials;fabrication of any material;used pipe or pipe
fittings; used conduit or conduit fittings;used automobile parts;DERELICT VEHICLES;used tires and other manufactured goods that are so
worn,deteriorated, or obsolete as to make them unusable in their existing condition.
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,
3emany Salzman l
Zoning Compliance Officer
pc: VI-9900033
Departmeht of Planning Services
Bruce Barker, County Attorney
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WARRANTY DEED �J
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THIS DEED,Made this J Olt slay of .f .4 .19 TD .
bermes Evans Auto Sales, Inc. , a Colorado
corporation
a corporation duly organized and misting under and by virtue of the laws of the State
it Colorado ,grantor,and
Alkie Lujan and Martina Lujan, joint tenants
whose legal address is 3500 35th Avenue, Greeley, Co 80631
of the *County of Weld and State of Colorado,grantees:
WITNESSETH: That the grantor,for and in co sideratioo of the sum of other valuable consideration
and Ten and No/100 —DOLLARS.
the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed.and by these presents dues
Dant,bargain,sell,convey and confirm unto the grantees,not in tenancy in common but in joint tenancy,the survivor of them,their
assigns and the heirs and assigns of such survivor fontlidtill the teal property,together with Improvements,if any,situate,lying and
being in the 'County of Weld and stale of Colonel.,described as follows:
111111111111111111111111111IIII 11111111 11111 It till
2623118 06/30/1998 04:16P Mid County CO
1 of 2 R 11.00 0 1.80 JR Suitt Ts i(mto
OCJ SEE ATTACHED LEGAL DESCRIPTION
tkk-
TOGETHER with MI and singular the hereditament:and appurtenances(hereunto belonging,or in anywise appertaining,and
the reversion and reversions,r sneinderand 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 bargain premises,with the hereditaments and
appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,the
survivor of them,their assigns,and the heirs and assigns of such survivor forever.And the grantor;for itself,its successors and assigns,
does covenant,grant,bargain and agree to and with the grantees,the survivor of them,their assigns and the heirs and assigns of such
survivor,that at the time of thecnseeling and delivery of these presents,it is well seized of the premises above conveyed,has good,sure,
perfect,absolute and indefensible estate of inheritance,ire 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 fanner and other grants,.
bargains,sales,liens,taxes,assessments,encumbrances,and restrictions of whatever kind or nature soever,IRS* subject
to reservations,�rv�� exceptions, restrictions, conditions, and easements existing or
3517AH`inr•: gO6, aye i�° 8i�du 5anu raya—b9le u¶ingg;.rights as
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
possession of the grantees,the survivor of them,their heirs and the heirs and assigns of such survivor,against all and every person or
persons lawfully claiming the wholeorany part thereof The singular number shall include the plural,the plural the singular•and the use
of any gender shalt be applicable to all genders.
IN WITNESS WHEREOF,The said grantor has caused its corporate nuncio be hereunto subscribed by its Resident
and its corporate seal to be hereunto affixed,attested by its Secretary,the day and year first above written.
Attest EVNS AUTO SALES, Inc., a Colorado "oorp.
at
ro0uatt0:0 ...
roman rr,t• • :
to
STATE OF COLORADO, . Name -,:•ilYy pd'1° s
u.
CaudyofWeld % J '•.........
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yThe foregoing instrument was acknowledged j before tam this a'7rdt day of /44.-n-4t
/CAle y La 23 / as President
Evans Auto Salts, a Colorado a o�
Witness my hand and seal. G��:' •s. -t
My commission expires / 3
elf in Deaner.inrst"CSb .'.
and". _ eta. 1• .:.,:. ,'1 .
Mess Aetna aresCnaliuIN,.b Cs is ' (5 9S-35-106.S.6118.1
No.919.Rot 4-94, wannrry DUD(an.sman is kid lbssan
Dudfnd hainaan 1743 Warn a.Drag CO WW2—(301)292-2503—3-95
Legal Description
All that part of Lot Six (6) of the Northeast Quarter (NE1/4) of the Northwest
Quarter (NW1/4) of Section Thirty (30), Township Five (5) North, Range Sixty-five
(65) West of the 6th P.M., as shown by unrecorded map of Evans and adjacent lands
as subdivided by the St. Louis Western Colony in the year 1873, more particularly
described as follows: Beginning at the point on the South right of way line of the old
Denver Laramie and Northwestern Railway Company Right of Way, where a line 12
feet West of the East line of said Lot Six (6) intersects said right of way, thence South
parallel with the East line of said Lot Six (6) 207 feet, thence West parallel with the
South line of said Lot Six (6) 228 feet, thence Northeasterly along the South line of
said right of way 304 feet, more or less, to the point of beginning. Subject to
reservations of minerals in deed recorded in Book 806, Page 420, Weld County
Records and together with easement granted in Book 1307, Rec. No. 02259208, Weld
County Records.
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2 of 2 R 11.8E D 1.88 JR Suitt tsukaaoto
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