HomeMy WebLinkAbout20052192.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING LEGAL ACTION AGAINST GARY DEGGE
AND WESTERN TRUCK EQUIPMENT AND TRUCK, INC., CIO ALBERTO LOYA 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, Gary Degge and Western Truck and Equipment Inc., c/o Alberto Loya, VI
#0500198, is allegedly in violation of the Weld County Code, and
WHEREAS, on the 15th 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, at which time
the Board continued said hearing to August 3, 2005, and
WHEREAS, on the 3rd day of August, 2005, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,Alberto Loya was not present or represented at said hearing,although all parties
were notified of said hearing by Department of Planning Services staff, and
WHEREAS,Bethany Salzman, Department of Planning Services, informed the Board that
an application for a Use by Special Review Permit was submitted on June 30,2005,staff has been
in contact with Alberto Loya, and she requested this case be referred back to the Department of
Planning Services to adequately process the application, and
WHEREAS,Alberto Loya agrees that no racing activity will be allowed on the property until
the completion and approval of a Use by Special Review Permit, and
WHEREAS,the Board deems it advisable to refer said violation back to the Department of
Planning Services.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that VI#0500198, be,and hereby is,referred back to the Department of Planning
Services.
2005-2192
PL0824
er: / CUP O1 /7 - off
VIOLATIONS - VI #0500198 - GARY DEGGE AND WESTERN TRUCK EQUIPMENT AND
TRUCK, INC., CIO ALBERTO LOYA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 3rd day of August, A.D., 2005.
.41 E La BOARD OF COUNTY COMMISSIONERS
3, WELD COUNTY, COLORADO
1861 t
4`�• ,✓T` i M��� ( i �"l \� ! '.�,� '
' � . _,i Board
William H. Jer , Chair
O kA igto pty Clerk to the Boa
_:,.._.:;„_.2/7/ /� M. . ile, Pro-Tee
BY: / 4 �/,/// /2-t
Deputy Clerk to the Board
D .d E. Long
APP DAST
Robert as
y A orney
Glenn Vaad
Date of signature: ≤ !5
2005-2192
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Gary Degge and Western Equipment&Truck Inc.
Tenant: Alberto Loya
Violation: VI-0500198
Owner's Address: 2055 15t Ave, Greeley, CO 80631
Tenant's Address: 481 Soar Lane, Platteville, CO 80651
Legal: Part of the S2SE4 of Section 30, T3N, R65W of the 6t" P.M., Weld County,
Colorado
Location: North of CR 28 and West of and adjacent to CR 39
North: Agriculturally zoned properties with minimal residential uses and approximately 2
miles South of BeeBe Draw Farms
South: Agriculturally zoned properties with minimal residential uses, a Turkey Farm
East: Agriculturally zoned properties with minimal residential uses and Industrially
zoned properties, Morwai Dairy
West: Agriculturally zoned properties with minimal residential uses
Parcel Number: 1213-30-4-00-014 Acreage: 80 +/-Acres
Certified mail date: June 8, 2005 Received:
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30,
23-3-40, 23-3-40.B, 23-3-40.B.17, 23-3-40.B.18, 23-3-40.C and 23-3-40.C.1 of the Weld County Code.
REMEDY
To bring the property into compliance a Use by Special Review shall be completed and submitted to the
Department of Planning Services or the horse racing track shall be closed.
RECOMMENDATION
Due to the number of patrons (participants), potential safety concerns and complaints received, the
Department of Planning Services recommends that this case be referred to the County Attorney's for
immediate legal action or that all horse racing activities cease until a Use by Special Review permit is
approved and recorded.
CASE HISTORY
May 5, 2005 Initial complaint received.
May 20, 2005 Additional complaint received.
May 23, 2005 Initial inspection completed.
May 24, 2005 Additional complaint received.
2005-2192
Mr.Degge and Mr.Loya
Page 2,VI-0500198
May 24, 2005 Five day compliance encouragement letter issued.
May 26, 2005 Temporary Assembly permit application submitted to the Board of County
Commissioners.
June 8, 2005 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
MEMORANDUM
To: Donna Bechler, Deputy Clerk to the Board June 8, 2005
1 v� From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services
WIiDc.
Subject: LC0022
COLORADO
Review of the following Temporary Assembly Permit by the Department of Planning Services shows the
following:
Alberto Loya
481 Soar Lane
Platteville, Colorado 80651
Zone District: Agriculture
Upon review of my case files and computer, an open violation (VI-0500198)was noted. The initial complaint
was received on May 5, 2005; however, due to lack of information could not be verified. I received an
additional complaint on May 20,2005 and thus conducted a site inspection on May 23,2005. I verified that the
site is completely set up to host horse racing events (i.e. port-a-pots, starting gate, side fences and a
shed/concession stand). A compliance encouragement letter was sent. Two (2)days later, this application
was submitted to your office.
Due to the number of patrons (participants), potential safety concerns and complaints received, the
Department of Planning Services recommends that this application be denied and the applicant be advised to
complete and submit a Use by Special Review application. Furthermore, staff recommends that the Board of
County Commissioners advise the applicant to cease and desist from operating until and if a Use by Special
Review permit is approved and recorded.
SERVICE,TEAMWORK INTEGRITY,QUALITY
a DEPARTMENT OF PLANNING SERVICES
it
Compliance Division
�9 NORTH OFFICE
1 918 10TH Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
Wig lie E-mail Address: bsalzmanco.weld.co.us
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
Stare %12COS
2-040-'PdJ
Mr. Gary Degge and
Western Equipment &Truck Inc.
2055 1st Ave
Greeley, CO 80631
Mr.Alberto Loya
481 Soar Lane
Platteville, CO 80651
Subject: VI-0500198, Part of the S2SE4 of Section 30,T3N, R65W of the 61h P.M., Weld County,
Colorado
Dear Mr. Degge or Mr. Loya:
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 15, 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 III, 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 23-3-40.8 "Agricultural Service establishments primarily engaged in
performing agricultural, animal husbandry or horticultural services on a fee or contract
basis, including:"
Section 23-3-40.8.17 'Rodeo Arenas, Commercial."
Section 23-3-40.8.18 "Roping Arenas, to include both indoor and outdoor arenas,
commercial."
Section 23-3-40.C "Recreational facilities and uses including:"
Section 23-3-40.C.1 "Race tracks and race courses."
To bring the property into compliance:
While I understand that you are in the process of gathering and completing a Use by
Special Review application, due to associated traffic, dust and other concerns, this
violation hearing is being scheduled sooner than usual. This hearing will be to allow the
Board of County Commissioners to determine if you can continue to operate prior to
completion of the Use by Special Review permitting process or if you need to close until
and if you are approved for a Use by Special Review.
Mr.Degge or Mr.Loya
Page 2,VI-0500198
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 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 or
that the racing cease until (and if) a Use by Special Review permit is approved and recorded. If you
have any questions concerning this matter, please call me.
Sincerely, / �' �('�`
Bethany Salzman `: v
Zoning Compliance Officer
pc: Vl-0500198
Department of Planning Services
Bruce Barker, County Attorney
U.S.Postal ServiceTM
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O Sent To
MR. GARY DEGGE — WESTERN EQUIPMENT &_.
r Street,Apt.No.;
or P°a°'r Na 2055 1ST AVE
City,State,ZIP+4
GREELEY CO 80631
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MR, ALBERTO LOYA
N street Apt.No.;
or POaoxNo. 481 SOAR LANE
City,State,ZIP.4
PLATTEVILLE CO 80651
PS Form 3800.June 2002 See Reverse for Instructions
Bethany Salzman
From: webmaster@co.weld.co.us
Sent: Tuesday, May 24, 2005 12:02 PM
To: Bethany Salzman
Cc: Ripley Casdorph
Subject: Online Code Complaint
Online Complaint submitted May 24, 2005
Name of Complainant: Angie Booco
Address of Complainant: 11870 County Road#37
Email Address:Angiejean66@hotmail.com
Complainant Phone: 3035369693
Address of Alleged Violation: Weld County Road 39 and 30 (appox)
Nature of the Alleged Violation: Huge Horse Race with at least 350 to 400 vehicles and extremely loud music. This is the
third weekend it has been held there. We are almost sure they do not have a permit for these races. Would you please let
me know what you find out, we are very concerned about this being so close to our home.
How are Your/Your Property Impacted by this Alleged Violation? We have invested our lifes work and income into raising
our kids and living in a rural with peace and quiet. This music and all the people were so loud that we could hear it in the
house with the tv on. My young daughter was unable to take her nap and it lasted from 11 am until they closed down for the
evening. The traffic terrible.
Where is Your Property in Relation to the Alleged Violation: About 2 miles.
Have You Discussed Your Concerns With the Property Occupant? No
If Not, Please Explain Why? We are unsure who to contact as they are only there on Saturday. The sheriff was called, but
no one could tell him who was in charge.
Are You in a Subdivision Which has Covenants that Prohibit the Activity? No
Have You Contacted the Homeowners Association? No
May we contact you? Yes
a
rip
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
IlDGREELEY,
Wl CO 80631
: WVVW.CO.WELD.CO.US
631
QE-mail Address: bsalzman @co.weld.co.us
PHONE: (970) 353-6100, Ext. 3555
COLORADO FAX: (970) 304-6498
SOUTHWEST OFFICE
4209 CR 24.5
L0NGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
May 24,2005
Mr. Gary Degge and
Western Equipment&Truck Inc.
2055 1st Ave
Greeley, CO 80631
Subject: VI-0500198, Part of the S2SE4 of Section 30, T3N, R65W of the 6`h P.M., Weld County,
Colorado
•
Dear Mr. Degge or Mr. Sparrow:
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 operation of a horse track without the necessary permits. 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 10t"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.
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.
Sincerely,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0500198
Department of Planning Services
SERVICE,TEAMWORK.INTEGRITY.QUALITY
O
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01,4'4
Weld County Department of
Planning Services
WIIBc, Inspection Report
COLORADO 918 10r'St
Greeley, CO 80631
e of Inspection: v 3-25- (%3
[nit/Case No.: \III- I.JC -ACA% S I, l Ut U ..
perty Owner Name: -OO,1L I \kif .x l L Lo\ )C fl '
tress: KA/C C D( ( 1-.,( C.)62 .,C-,R. 5
rn a(visual)(on-site) inspection of the property listed above,the following items
e noted:
Lev' \vt �Lw 5.C. \ (,_.k vim. zc l 1_+ \- `i
\.k (77 .-IL- pe:\ IC ," \--.'l l
ICY k 6liN,L. 6.r Al GOC
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by: -17) )Contact Name: .�\- � 1
ntact Phone Number: 970-353-6100,Ext. 3555
4
py of this inspection was: allesta—= +- t1■t
tures taken during inspection: )(Yes O No
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1 918 10'^ Street, Greeley, CO 80631
C Phone: (97O) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
P. ZONING CODE COMPLAINT ❑ Staff/Name: O Citizen 14 Other
O HEALTH DEPARTMENT Citizen's Name(If known):
• WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
• BUILDING CODE COMPLAINT
O PUBLIC WORKS/PEST&WEEDS
Date Complaint was received:
Pending Case#(i.e.USR, RE, SE, ect...):
Legal Description: Parcel#:
Violation Address:
Property Owners Name: Phone:
Property Owners Address:
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: ` p `i4 .7 rJ k
Additional Notes:
Identify Results Page 1 of 1
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R6806796 Parcel#: 121330400014
M v1 14•(
Tax Area: 2198 Bordering County:
Acres: 80
Township_Range Section Quart.$ee. Subdivison Name Block# Lot#
03 - 65 -30 -4 - -
Owners Name&Address: Property Address-
DEGGE GARY M & Street: WELD
2055 1 AVE City: WELD
GREELEY, CO 80631
Business/Complex:
Sales Summary
Sale Date We Price Reed Type Reception#
7/13/2004 $0 WDN 3208708
Legal Description
52 SE4 30 3 65(1R)SITEJS: WELD 0
Land Valuation Summary
Land T e Abst Code Unit of Number of Assessed
Yp Measure Units Actual Value Value
Agricultural 4147 Acres 80
Land Subtotal: 80 $1,822 $530
No Buildings on Parcel
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
C 918 10h Greeley, CO 80631
ill I D (9 O Phone: (97O) 353-6153-61000, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
1/1 ZONING CODE COMPLAINT 0 Staff/Name: X Citizen 0 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 rr^^��
Date Complaint was received: -v-J-
Pending Case#(i.e.
USSR, RE, SE, ect...): •
1 G` .\ I` p�
Legal Description: ,,)\1p't\a.�1 to S� aRka, Parcel #: I ZI3'D-.4-�-v�y
Violation Address: MI6 Coring r oc La.ZFS UZI
,,,�^^ _ EtTw Li Inc.
Property Owners Name: S. �I� � I//�� �j` { ( ���+,�, Z(1�hone:
Property Owners Address: aeFa5 let Phc.I 0 ire a.n�, W DO(.p M"
Tenant's Name: 1 Phone:
Tenant's Address: 11 `` (� `'
NATURE OF COMPLAINT: t- bore e3. Pea inc) y A atk t{-'
Additional Notes: Resat 3 .O81OR
Page 1 of 2
Westlaw Attached Printing Summary Report for SALZMAN,BETHANY 3938532
Your Search: CN(WESTERN&EQUIPMENT)& ST,PV(CO)
Date/Time of Request: Monday,May 23,2005 16:10:00 Central
Client Identifier: WESTERN EQUIPMENT&TRUCK INC
Database: BUSFIND-ALL
Lines: 27
Documents: 1
Images: 0
The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson,
West and their affiliates.
http://print.westlaw.com/delivery.html?dest=atp&format=HTMLE&dataid=A0055 80000... 05/23/2005
Page 2 of 2
WGStUaw..
BUSINESS FINDER RECORD
Information Current Through:04-14-2005
Database Last Updated:05-10-2005
Update Frequency:Monthly
Current Date:05/23/2005
Source:Data by InfoUSA, Copyright 2005, All Rights
Reserved.
COMPANY INFORMATION
Business Name:WESTERN EQUIPMENT & TRUCK INC
Business Address:2055 1ST AVE
GREELEY, CO 80631-7219 C022
Phone:970-353-6682
County:WELD
Primary SIC:552101 TRUCK-DEALERS-USED
Organization:FIRM
Sales from Location:$5, 000 TO 9,999
Employees at Location:20 TO 49
Population of Area:50,000 TO 99,999
Ad Size:IN-COLUMN SPACE AD
NAME INFORMATION
Contact for Location:CRAIG SPARROW
Title:PRESIDENT
END OF DOCUMENT
2005 Thomson/West. No Claim to Orig. U.S. Govt. Works.
http://print.westlaw.com/delivery.html?dest=atp&format=HTMLE&dataid=A0055 80000... 05/23/2005
708 II ll IIII 1111111 IIIII IIIII IIIIIII/III/III IIIIIII III IIIII/III III/
3199214 07/15/2004 03:36P Weld County,CO 3208708 08/12/2004 03:48P Weld County, CO
1 0l 1 R 6.00 D 1.35 Steve Moreno Clerk&Recorder 1 of 1 R 6.0D D 0.00 Steve Moreno Clerk 4i Recorder
:Y0> WARRANTY DEED
THIS DEED, Made this 13th day of July , 2004,
between Andrew Ortega
O5of Ilse County of Weld and State of Colorado Dot—t"'cr'
grantor.and Western Equipment & Truck, Inc., a ,r� /1
Colorado corporation and Gary M. Degge VS W`.d.J ,t f.^W
whose legal address is 2055 let Avenue, Greeley, CO 80631 (A `AJ /TV/
of the County of Weld and State of Colorado ,grantee:
WITNESSETH,That the grantor,for and in consideration of the sum of THIRTEEN THOUSAND FIVE HUNDRED
AND NO/100
DOLLARS.($13,500.00 ),
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 grantee,his heirs and assigns forever,all the teal property together with
improvements,if any.situate,lying and being in the County of Weld ,and State of Colorado,
described as follows:
The South Half of the Southeast Quarter of Section 30,
Township 3b/North, Range 65 West of the 6th P.M.,
County of Weld, State of Colorado
a;I1
RERECORDED TO CORRECT LEGAL DESCRIPTION
also known by street and number as Vacant Land, Greeley, CO 80631
TOGETHER with all and singular the hereditaments 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
bereditanents 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 himself,his heirs and personal representatives,does covenant,(rant.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 supple,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 f om all forcer and other wants.bargains.sales,liens, taxes,assessments,
encumbrances and restrictions of whatever kind or nature soever,except for taxes 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 Ka[Title Review],of the contract dated
July 6, 2004 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 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 WI SSE. WIfEj2H0$-sih has executed this deed on the dale set forth above.
(Andrre kLOr✓tegaaa
/K.
STATE OF COLORADO
SS.
COUNTY OF WELD )
The foregoing instrument wasaclanowl this 13th day of July , 2004 by
Andrew/Ortega f��(.,...... F4O.,._
My Commission expires AU• at' 9, 2007 '; Witness my hand and�of/fi1cial seal.
�
sx PUB C ...g Notary Public
9 Kelly L. Belden
WARRANTYDEED ear Phdugephie Rased)(Mae ,""' Fates[IO506]IA04
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