HomeMy WebLinkAbout20051699.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0500044
AGAINST GLEN AND VIRGINIA VANOEVEREN 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, Glen and Virginia Vanoeveren, VI #0500044, 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 14th day of June, 2005, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,Glen and Virginia Vanoeveren 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 deems it advisable to refer said violation
back to the Department of Planning Services to continue the process of the Use by Special Review
Permit.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that VI#0500044 be,and hereby is, referred back to the Department of Planning
Services to continue the process of the Use by Special Review Permit.
2005-1699
PL0824
* ; a� t r'L O'I-l�Io5
VIOLATIONS - VI #0500044 - GLEN AND VIRGINIA VANOEVEREN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of June, A.D., 2005.
*1 Eta BOARD OF COUNTY COMMISSIONERS
c�5Mit/laAti
WELD COUNTY, COLORADO
Igo! r
--depit__,,(
William H. rke, Chair
, 'Wi=ld Clerk to the Board
M. J. Ile, ro-Te
eputy Clerk to the Board
D d E. Long
AP V AS TO F �1\,
Rob D. Masden
u y Atto ey
Glenn Vaad
Date of signature: /-1g7 ----
2005-1699
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Glen &Virginia Vanoeveren
Violation: VI-0500044
Address: 22970 CR 22, Hudson, CO 80642
Legal: Lot A of RE-2345 also known as part of the NE4 of Section 14, T2N, R65W of the
6th P.M., Weld County, Colorado
Location: South of and adjacent to CR 22 and approximately 1 mile West of CR 49
North: Agriculture zoning with minimal residential uses
South: Agriculture zoning with minimal residential uses
East: Agriculture zoning with minimal residential uses
West: Agriculture zoning with minimal residential uses
Parcel Number: 1307-14-0-00-033 Acreage: 10+/-Acres
Certified mail date: April 13, 2005 Received: April 15, 2005
Currently the property is in violation of Chapter 23,Article 111(3), Division 1 of Section 23-3-20, 23-3-30,
23-3-40 and 23-3-40.R of the Weld County Code.
REMEDY
To bring the property into compliance all commercial vehicles storage or operation shall be removed from
the property or a Use by Special Review application shall be completed and submitted to the Department
of Planning Services.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office for immediate legal action.
CASE HISTORY
February 7, 2005 Initial complaint received.
February 10, 2005 Initial inspection completed.
February 11, 2005 Five day compliance encouragement letter issued.
March 1, 2005 Violation letter issued. Sent USR application.
April 6, 2005 Complainant called requesting status.
April 11, 2005 Virginia Vanoeveren called and asked for an extension due to medical issues.
2005-1699
Mr.&Mrs.Vanoeveren
Page 2,VI-0500044
April 11, 2005 Property inspected. Property remains in violation.
April 13, 2005 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
April 25, 2005 Complainant called requesting status.
161;3/4.-
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
91 8 10TH Street
GREELEY, CO 80631
' Website: WWW.CO.WELD.CO.US
C E-mail Address: bsalzman(a)co.weld.co.us
O PHONE: (970) 353-6100, Ext. 3555
FAX: (970) 304-6498
COLORADO SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
April 13, 2005
Mr. & Mrs. Glen Vanoeveren
22970 CR 22
Hudson, CO 80642
Subject: VI-0500044, Lot A of RE-2345 also known as part of the NE4 of Section 14, T2N,
R65W of the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Vanoeveren:
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 14, 2005, at 10:00 a.m., to consider the
violations occurring on the property. The above mentioned property remains 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:
As I have previously indicated, a Use by Special Review permit is necessary in order to
operate this type of activity from the site. For questions, I would suggest that you speak
to one of our "On-Call" Planners. We have 2 locations open to the public. Our main
office is located at 918 10th Street, Greeley, Colorado. Where, we have an "on-call"
planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00 -4:00
p.m. Our other office (the Southwest Weld Office) is located at 4209 CR 24.5,
Longmont, Colorado. At our Southwest office, a planner is available Tuesday or
Thursday from 8:00 a.m. -4:00 p.m., excluding 12:30-1:30. You do not need to call to
schedule an appointment, because individuals are seen on a sign in basis. To better
serve you, please bring this letter with you. If a complete application has been
submitted prior to the hearing date mentioned above, the hearing will be cancelled.
Mr.&Mrs.Vanoeveren
Page 2,VI.0500044
This hearing will take place in our Hearing Room, located at 918 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 and/or pictures 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,
z i
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Bethany Salzman O ., d DO 2 D
Zoning Compliance Officer c N o ft
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pc: VI-0500044 w v 2 2 n-
Department of Planning Services o d e 2 1 § o
Bruce Barker, County Attorney G a g a ¢ ci IL N cl
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DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
�♦i� 918 10TH Street
liDWebsite: GREELEY, CO 80631
WWW.CO.WELD.CO.US
E-mail Address: bsalzman(a�co.weld.co.us
O PHONE: (970) 353-6100, Ext. 3555
• FAX: (970) 304-6498
COLORADO
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
March 1, 2005
Mr. & Mrs. Glen Vanoeveren
22970 CR 22
Hudson, CO 80642
Subject: VI-0500044, Lot A of RE-2345 also known as part of the NE4 of Section 14, T2N,
R65W of the 6th P.M.,Weld County, Colorado
Dear Mr. &Mrs. Vanoeveren:
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 23-3-30 "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:
As I indicated during our phone conversation,a Use by Special Review permit is necessary in
order to operate this type of activity from the site. For your convenience, I have enclosed a
Use by Special Review application. For questions, I would suggest that you speak to one of
our"On-Call" Planners. We have 2 locations open to the public. Our main office is located at
918 10th Street, Greeley, Colorado. Where, we have an "on-call" planner, Monday or
Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00—4:00 p.m. Our other office(the
Southwest Weld Office)is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest
office, a planner is available Tuesday or Thursday from 8:00 a.m. — 4:00 p.m., excluding
12:30-1:30. You do not need to call to schedule an appointment, because individuals are
seen on a sign in basis. To better serve you, please bring this letter with you.
Mr. & Mrs. Vanoeveren
Page 2, VI-0500044
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 60 (sixty) days from
March 1,2005, 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-0500044
Department of Planning Services
Bruce Barker, County Attorney
a
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
WI ' 918 10th Street, Greeley, CO 80631
C. Phone: (970) 353-6100, Ext. 3555
Fax: (970)304-6498
COLORADO
February 11, 2005
Mr. & Mrs. Glen Vanoeveren
22970 CR 22
Hudson, CO 80642
Subject: VI-0500044, Lot A of RE-2345 also known as part of the NE4 of Section 14,T2N, R65W of the 6`"
P.M., Weld County, Colorado
Dear Mr. & Mrs. Vanoeveren:
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, Chapter 23. The potential noncompliance with the Weld
County Code is the presence of a commercial trucking operation.
Please contact me within five working days of the date of this letter to review these concerns with me. 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.
Sin
cerely,
Zoning Compliance Officer
pc: VI-0500044
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
4rnS ,We Weld County Department of
ll" I Planning Services
WIiDc. Inspection Report
COLORADO 918 10`h St
h� r. Greeley, CO 80631
Date of Inspection:
\ ,� a-'0-CID��� ��
Permit/Case No.: 41.--- jr aO1--rii r 1 n^
Property Owner�er(Name: V�n re Vcxen1l._I1Cs '
Address: (9,8P no lam- Aa
Upon a(visual)(on-site)inspection of the property listed above,the following items
were noted:
k\ U_PO02Rain Vth.c\c c nSt*c Cc5kb -
CrcQ.c ,e, c ax UU r
1scu camel%t-um
Inspection by: O_� Contact Name
aVyan
Contact Phone Number:970-353-6100,Ext. 3555
Copy of this inspection was: WrianlinaiES
Pictures taken during inspection: XYes 0 No
Identify Results •
IPage 1 of 3
WELD COUNTY ASSESSOR
PROPERTY PROFILE \f CCOLI
Account#: R7901199 Parcel#: 130714000033
Tax Area: 2214 Bordering County:
Acres: 10
Township Range Section_Quart. Sec. Subdivison Name Block# Lot#
02 - 65 - 14 - 0 - -
Owners Name&Address: Property Address:
VANOEVEREN GLEN & Street: 22970 22 CR
22970 COUNTY RD 22 City: WELD
HUDSON, CO 80642
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception#
7/25/2002 $309,000 WD 2973047
Legal Description
PT NE4 14-2-65 LOT A REC EXEMPT RE-2345 EXC OG&M MBL HOME, SERIAL: HP9645AB SITUS: 22970 22 CR WELD 0
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Agricultural 4147 Acres 10
Land Subtotal: 10 $110 $30
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
2 Residential
3 Out Building
4 Out Building
6 Out Building
Improvements Subtotal: $175,474 $13,970
Total Property Value $175,584 514,000
Building_Details
Account#: R7901199 Parcel#: 130714000033
Owners Name&Address: P ertr Address:
VANOEVEREN GLEN & Street: 22970 22 CR
22970 COUNTY RD 22 City: WELD
HUDSON, CO 80642
Building# Property Type
2 Residential
Individual Built As Detail
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13071... 02/10/2005
Identity Results Page 2 of 3
Built As: Modular Year Built: 2000
Exterior: Frame Vinyl HVAC: Forced Air
Interior Finish: Drywall Built As SQ Ft: 2052
# of Baths: 3 Roof Type:
# of Bdrms: 4 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: 864 Detached SQ Ft:
Basement:
Total SQ Ft: 2052 Finished SQ Ft:
Account#: R7901199 Parcel#: 130714000033
Owners Name&Address: Property Address:
VANOEVEREN GLEN & Street: 22970 22 CR
22970 COUNTY RD 22 City: WELD
HUDSON, CO 80642
Building# Property Type
3 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 2001
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1200
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R7901199 Parcel#: 130714000033
Owners Name &Address: Property Address:
VANOEVEREN GLEN & Street: 22970 22 CR
22970 COUNTY RD 22 City: WELD
HUDSON, CO 80642
Building# Property Type
4 Out Building
Individual Built As Detail
Built As: Farm Implement Equip Shed Year Built: 2002
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 2400
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement: -
Total SQ Ft: Finished SQ Ft:
http://maps.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13071... 02/10/2005
Identify Results Page 3 of 3
Account#: R7901199 Parcel#: 130714000033
Owners Name&Address: Prsperty Address:
VANOEVEREN GLEN & Street: 22970 22 CR
22970 COUNTY RD 22 City: WELD
HUDSON, CO 80642
Building_# Property Type
6 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 2002
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 288
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13071... 02/10/2005
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10'" Street, Greeley, CO 80631
C ççj-\t"\
Phone: (97O) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint�Initiated, ,,,� by:
D ZONING CODE COMPLAINT It StafffName(f(\(j1 Ia Citizen E Other:
• HEALTH DEPARTMENT Citizen's Name(If known):
O WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
• BUILDING CODE COMPLAINT
• PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: a-1-C3€,
Pending Case#(i.e.USR,RE, SE,
ect...):
Legal Description:t-t*r \ R -2.17313 O A d 31&4Tah„)ftea arcel#: -o-1n-'ni5�
Violation Address: aa"l_IC map.
Property Owners Name: J?c'oP UT fl1 Pt Er V►YQ riA `^ Phone:
Property Owners Address: VAlif 'n 1, L.1')U` �c1-1 a
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: -can; r-p ratOrl
Additional Notes: `C' Z 1))CN
1111111 111131g 11111/III OH NE III I/III/III III
2973047 07/3012002 02:40P Weld County,CO
04� 1 of 1 R 5.00 D 30.90 J.A."Sued"Taukamoto
WARRANTY DEED
THIS DEED. Made this 25th day of July , 2002,
between Gordon W. Overman and Christina A. Overman
of die County of Weld and State of Colorado
grantor,and Glen Van Oever en and Virginia R. Van
Oeveren
whose legal address is 22970 Weld County Road 22, Hudson, Colorado 80642
of the County of Weld and State of Colorado ,grandees:
WITNESS.That the grantor,for and in consideration of the sum of THREE HUNDRED NINE THOUSAND AND
NO/100
DOLLARS,($309,000.00 1.the receipt and
sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed.and by these present does grant,bar-
gain,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 County of Weld
and State of Colorado,described as follows:
Lot A of Recorded Exemption No. 1307-14-1-RE2345, recorded January 6, 1999 at
Reception No. 2664945, being a part of the NE 1/4 of Section 14, Township 2
North, Range 65 West of the 6th P.M.,
County of Weld, State of Colorado
also known by.street and number as 22970 weld County Rd 22, Hudson, Colorado 80642
TOGETHER with all and singular the hereditament and appurtenances thereunto belonging,or In anywise appertaining,and
the reversion and aversions,remainder and remainders,rent,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
hereditments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,their
heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant bargain and
agree to and with the grantees.their heirs and assigns,that at the time of the caseating 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 torn
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 metier, except for tans for the current year,a lien but not yet due
and payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title
Documents accepted by Buyer In accordance with section Ea l'fitle Review],of the contract dated
April 17, 2002 ,between the parties.
The grantor.shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses-
sion of the grantees,their heirs and assigns,against all and every person or persona lawfully claiming the whole or my part thereof.
The singular number shall include the plural,the plural the.singular,and the use of any gender shall he applicable to all genders.
IN WITNESS WHEREOF,
the grantor has executed this deed on the date set forth above.
J (/D OQ
G rdon W. Overman Christ ins A. Overman
STATE OF COLORADO ' ay PU.....,.. )
)w.
COUNTY OF i y0•
'•.O \ )
The foregoing inahu, ntgas edb.i.re me this 25t13, of July , 2002,by
Gordon W. eve tl i,. 1 a A. Overthan
/Sri
9
My Commission expires:: OF GpA?'..' Witness yh t seal.
My Cos aission Eaphu Mn.1.100b
FIRST o ary Public
WARRANTY DEED tart Joint Tenantnsa,errm (—Pile.JRt34o 0
HERITAGE DILE
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