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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 o CERTIFIED MAIL,:, RECEIPT In (Domestic Mail Only;No Insurance Coverage Provided) r F r •elivery inf rmati nvisit ur we•site et www.us•s.c•m� co Er op Postage $ ru p Certified Fee O Postmark p Return R e Fee Here (Endorsement R Required) equu ired) CI Restricted Delivery Fee r9 (Endorsement Required) rR rR Total Postage 8 Fees $ M 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 U.S. Postal Service,. m CERTIFIED MAIL, RECEIPT uT (Domestic Mail Only;No Insurance Coverage Provided) N F•r•slivery int•rmati nvisit ur we•site at www.usps.c m® m -• tr € Ti: m Postage $ ru p Certified Fee o Postmark o em t R e t Requie red) Here (Endorsement Required) ro-1 Restricted Delivery Fe o (Endorsement t Required) Total Postage 8 Fees m o Sent To 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 O tr 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 5 t(U X''(:+r't;r Vk - c\ --)c)CA-'\ U'\. -- P'\(CC',- 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 http://maps.merrick.com/W ebsite/W eid/setS gl.asp?cmd=QUERY&DET=PP&pin=1213 3... 05/23/2005 � �2, L w O G ` i 1.° tft '8 ir, � " ►� co uo W ?t s3 4.7 H La LaE r, W 3 N V ... I- y' I— i u IS .c i ).• Z. 4 n WU C e W Cr) J , {�j ���i.I W 40 M a o eit L7 2 t% qt a-: CJ 'd: ata)' 4". ` p a5NN 8q� 4 ?r {iti t.'• I 7i •_ .1I,i s - - • L. j'}, z. > o. z t.'ffi - Dip y ill. S�> S Cb NN {{ ' { } - ffim• i t .o Z 1 a q 2i - c,.-7,:.-:-., a z: i.r ..�.,:.ii- # ,. 1 � Co - • V = N "" ';� iv`a .a w ' i f- {1JJJiL N Z L Y !� z � t Qu c ce nom: i:. : " pal: ' +It\Ti1 3h� IrifiIEi'"1 *fU g U 1 R Zj 46tft ‘t 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 Hello