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Home My WebLink About20050770.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VI #0400333 AGAINST JOSE AND NADINE CASTRUITA 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,Jose and Nadine Castruita,VI#0400333, 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 8th day of February, 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 this matter was continued to March 8, 2005, to allow time for the number of animals to be reduced, and to submit Building Permits to the Department of Planning Services, WHEREAS, on the 8th day of March, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jose and Nadine Castruita 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 deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Jose and Nadine Castruita 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. 2005-0770 PL0824 of ,, Cl 03- -- VIOLATIONS -VI #0400333 - JOSE AND NADINE CASTRUITA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by .wing vote on the 8th day of March, A.D., 2005. II� ! /• -'4 \ BOARD OF COUNTY COMMISSIONERS er,:;: ‘ �� /�„ WELD COUNTY, COLORADO 1,ki Ij 1 ' fig* 7 William erke, Chair -{.14TP Clerk to the Board /l/lj � /G�� M. Bile, Pro-Tem BY: Deputy Clerk to the Board c David E. Long APP' e •ED AS ems'•R • EXCUSED Robert D. Masden �u y Att. ey EXCUSED Glenn Vaad Date of signature: SgaAs 2005-0770 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Jose & Nadine Castruita Violation: VI-0400333 Mailing Address: 441 McClure Avenue, Firestone, CO 80520 Situs Address: 15379 Nancy Avenue, Fort Lupton, CO 80621 Legal: Lot 8, Block 17, Aristocrat Ranchettes, Weld County Colorado Location: South of and adjacent to CR 18 and East of and adjacent to CR 31 North: Agriculture with residences South: Industrial plant/Agriculture East: Agriculture West: Agriculture with minimal residences Parcel Number: 1309-27-2-10-005 Acreage: .99 +/-Acres Certified mail date: January 12, 2005 Received: February 2, 2005 ("unclaimed" - tenant) February 11, 2005 ("unclaimed"-owner) February 9, 2005 February 23, 2005 (posted—tenant) February 23, 2005 (resent regular mail) Currently the property is in violation of Chapter 23, Article III (3), Division 1 of Section 23-3-20, 23-3-30, 23-3-30.1, 23-3-40, 23-3-40.B, 23-3-40.6.16, 23-3-50, 23-3-50.D and Chapter 29, Article III (3) of Section 29-3-10 of the Weld County Code. REMEDY To bring the property into compliance the number of animal units shall be reduced to no more than a total of 4 (four) horses and/or cows or 3 (three) horses and/or cows and 50 chickens. All structures over 120 square feet require building permits. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate legal action. CASE HISTORY November 3, 2004 Initial complaint received. November 18, 2004 Initial inspection completed. November 19, 2004 Five day compliance encouragement letter issued. December 1, 2004 Violation letter issued. January 10, 2005 Property inspected. Property remains in violation. 2005-0770 Mr.&Mrs.Castruita Page 2,VI-0400333 January 12, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. February 2, 2005 Tenant's certified letter(02/08/05) returned "unclaimed". February 8, 2005 The Board of County Commissioners continued this case to the March 8, 2005 Violation Hearings. February 9, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. February 11, 2005 Owner's certified letter(02/08/05) returned "unclaimed". February 16, 2005 Owner's certified letter(03/08/05) returned "unclaimed". February 23, 2005 Tenant's property(gate) posted by Weld County Deputy Grein. February 23, 2005 Weld County Deputy Kaneta attempted service of property owner. Deputy Kaneta was advised that property owner moved (given PO Box as new address). February 23, 2005 Letter sent(via regular mail)to property owner indicating that the violation case was scheduled before the Board of County Commissioners. March 3, 2005 Tenant's certified letter(03/08/05) returned "unclaimed". pN s ,„, ill! '14:.,N Oop mWLa W I-I Alt Rig 6gW • ? °� _ INNING SERVICES o=m z compliance Division `,�� rnCO CO W _ I.CO.WELD.CO.US a M o gc n,c pan@co.weld.co.us iiiiip eu< r';� _ .�reeley, CO 80631 sg N o 'a Luce �" '53-6100, Ext. 3555 03iiNn o o 6.•4 ?ed 5. =I ax (970) 304-6498 COLORAZ ��1 z'�-L+; - _ February 9, 2005 .'t ')`�' *21E1._-,a ❑ m° r. pO�]W . _ Mr. & Mrs. Jose Cas � N i- agz ' 1 441 McClure Ave 0-• ei ��,� Firestone, CO 8052 m = o- - Current Tenant _ m' - U) -- 15379 Nancy Ave ru', m Aristocrat Ranchette o' m O Fort Lupton, CO 806' 0 c < O _ t-. o c V d Subject: VI-040 'q! r C o brado o mg .-R E oo J II Dear Mr. & Mrs. Cast m cg _' - The roe referen O c7 r 4 ci property rtY rr-- heduled a meeting with the Bo nsider the violations occurring ion of the following Section(s N I I Chapter 23, Art 8 Section 23-3-3C a ®��'�� Section 23-3-3C 8 Section 23-3-3C m Section 23-3-4C 'c 5002 g W01401l Section 23-3-4C coo thing agricultural, an a- 331410 A3133H0 sis, including:" 1uew}aeda0 Euluueld 1uno3 Pt Section 23-3-4C g Section 23-3-5C E Section 23-3-5C o_ MA ' per acre or portion t ai Chapter 29, Arti ° ©� (� Section 29-3-1G _� To bring the property i IMa �C � The number of � " U rses and/or cows or z your intention is to re After researching my computer and case files, I have been unable to locate building permits for several of the structures located on the property. All structures over 120 square feet require a building permit. Additionally,within the boundaries of a subdivision, such as Aristocrat Ranchettes, no more than 4% of the land can be covered in structures. OFFICF'. ),F,THE SHERIFF '-` eti Weld Count,/ , r ,4 I cR k tiIp ry� 8 \\1* i-EB z 2UU., a. `„'t, 1,, RECEiiiED John Cooke TO: Postmaster Agency Control#: i Date: 2-n-�2_3-0 ADDRESS INFORMATION REQUEST Please furnish this agency with the new address,if available,for the following individual,or verify the address given below is one at which mail for this individual is currently being delivered If the following address is a Post Office Box, please furnish the street address as recorded on the box holder application form. /J NAME: 2 /NC C. O St_ L-IS-f2U%4C-/ ADDRESS: Y61/ At C (U R.4- AVM in-P4 h e__ I certify that the address information for this individual is required for the performance of this agency's official duties. Si a re of Agency Official TitleR��/ ******************************************************************************************** FOR POST OFFICE USE ONLY ( ) MAIL IS DELIVERED TO ADDRESS GIVEN NEW ADDRESS: ( ) NOT KNOWN AT ADDRESS GIVEN ( ) MOVED-LEFT NO FORWARDING ADDRESS _ r.J.+ ( ) NO SUCH ADDRESS c0 ( ) OTHER(SPECIFY) BOX HOLDER STREET ADDRESS: POSTMARK/DATE STAMP: ********************************************************************•*********************** Centennial Complex Fort Lupton Sub Station Southwest Complex North Jail Complex 1950"0"Street 330 Park Avenue 4209 WCR 24 %1 2110"0"Street Greeley,CO 80631 Fort Lupton,CO 80621 Longmont,CO 80504 Greeley, CO 80631 Phone(970)356-4015 Phone(303) 857-2465 Phone(720)652-4215 Phone(970) 356-4015 x 3922 Fax(970)304-6467 Fax(303) 857-3027 Fax(720)652-4217 Fax(970)304-6461 Page 1 of 1 Bethany Salzman From: Sam Kaneta Sent: Wednesday, February 23, 2005 10:17 AM To: Bethany Salzman Subject: Inter office mail Mrs. Salzman, I forgot to write down that the p.o. box for the people at 441 Mcclure is box 481. As stated, they supposedly haven't lived at the Mcclure st address since Oct/Nov beputy Sam Kaneta III Weld County Sheriff's Office Public Safety Bureau 720-652-4215 xt 4125 720-652-4127 fax skaneta@coweld.co.us 02/23/2005 v -Oo-F0o333 e �N O 6 o W Alt .,, �i toofniut2 LANNING SERVICES I Compliance Division 1111 r '' 1 o W.CO.WELD.CO.US WilDi t9� _ ¢man@co.weld.co.us (.4‘ .. _ t, Greeley, CO 80631 °�s o ¢ IT-_ 1353-6100, Ext. 3555 �3tttan o o Fax (970) 304-6498 COLORA • February 9, 2005 'tx� r \ f: �1 �1� , ��_ r- -..--- Mr. & Mrs. Jose C �� WIC _____------7., ?�C\ 441 McClure Ave �- t -.,-/\. Firestone, CO 805: �� m .s_AC ST- .-1=5 p n . E ,'; Current Tenant tea ' 0 15379 Nancy Ave N m LO Aristocrat Ranche o 0 N o 0 Fort Lupton, CO 8, o Q O k , i., Subject: VI-04 0 N v a 4'o ,tk . a - "G CL ( ' Dear Mr. & Mrs. C �� m y o, 5vii The property refere N meeting with the B 1 �� violations occurring I ` following Section@ 'W .1 §y a m a ery I Chapter 23, A• � ° � '� � � �� AD, f, a Section 23-3- I Z � °� -' d a � aE I Section 23-3- ; > i Section23-3-t o zzsm3 > S1 Section 23-3--. E C3 O..51 o Oman Section 23-3-4, m £ ^�, rming agricultural, a, 0- 3 basis, including:" o e w o ".- Section 23-3-4! d N '> Section 23-3-5 E =o CSD r Section 23-3-° a �O A w r, W t) per acre or portion o d 0 A g,w cD V Chapter 29, Ari ar y u W W Section 29-3-1 �g o o ,./ To bring the property -o Iliall •9- d O31.0 The number of 0) )rses and/or cows or t your intention is to r After researching my computer and case files, I have been unable to locate building permits for several of the structures located on the property. All structures over 120 square feet require a building permit. Additionally,within the boundaries of a subdivision,such as Aristocrat Ranchettes, no more than 4% of the land can be covered in structures. DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US W.CO.W ELD.CO.US ' C E-mail Address: bsalzman@co.weld.co.us 918 10`h Street, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3555 Q Fax (970) 304-6498 COLORADO February 9, 2005 Mr. & Mrs. Jose Castruita 441 McClure Ave Firestone, CO 80520 Current Tenant 15379 Nancy Ave Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0400333, Lot 8, Block 17, Aristocrat Ranchettes Inc, Weld County, Colorado Dear Mr. & Mrs. Castruita: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on March 8, 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 23-3-30.1 "Noncommercial Junkyard." 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.B.16 "Livestock confinement operations." Section 23-3-50 "Bulk requirements." Section 23-3-50.D "Maximum number of animal units permitted per acre: four (4) per acre or portion thereof." Chapter 29, Article 111(3) "Building Permits." Section 29-3-10 "Building permit required." To bring the property into compliance: The number of animal units shall be reduced to no more than a total of 4 (four) horses and/or cows or 3(three)horses or cows and 50 chickens. Please submit a list of what your intention is to reduce to. After researching my computer and case files, I have been unable to locate building permits for several of the structures located on the property. All structures over 120 square feet require a building permit. Additionally,within the boundaries of a subdivision,such as Aristocrat Ranchettes, no more than 4% of the land can be covered in structures. Mr.&Mrs.Castruita and/or Current Occupant Page 2,VI-0400333 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, ibettfjpabainTh Bethany Salzman Zoning Compliance Officer pc: VI-0400333 Department of Planning Services Bruce Barker, County Attorney U.S. Postal Service,. CERTIFIED MAIL.„ RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) ru F r•elivery inf rmati n visit ur we•site at www.us•s.c m,v sU s.adssee ` tbee D- Postage $ n.l Certified Fee O Postmark Here Required) Hare (Endorsement Required) O Restricted Delivery Fee rl (Endorsement Required) rq Total Postage&Fees $ m p Sent To o MR. & MRS. JOSE CASTRUITA T%- Street,Mt.No.; orPoeaxNo 441 MCCLURE &V.E CI State.ZIP+4 FIRESTONE, CO 80520 PS Form 3800,June 2002 See Reverse for Instructions U.S. Postal Service,., N CERTIFIED MAIL. RECEIPT ra (Domestic Mail Only;No Insurance Coverage Provided) N F r •elivery inf•rmati•n visit .ur we•site at wvrw.us•s.c•m;u c0 OFFACIAE USE Postage $ Certified Fee Return Redept Fee Postmark (Endorsement Required) Hare O Restricted Delivery Required) C (Endorsementtce r-Iequae 0 Total Postage&Fees $ rn o ant To o CURRENT TENANT M1 Street,Apt.No.; orPOaoxNo. 153.79 NANcy AVE City,State,ZIP+4 FORT LUP ON • :1. PS Form 3800.Juno 2002 See Reverse for Instructions Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Mr. & Mrs. Jose Castruita Violation: VI-0400333 Mailing Address: 441 McClure Avenue, Firestone, CO 80520 Situs Address: 15379 Nancy Avenue, Fort Lupton, CO 80621 Legal: Lot 8, Block 17, Aristocrat Ranchettes, Weld County Colorado Location: South of and adjacent to CR 18 and East of and adjacent to CR 31 North: Agriculture with residences South: Industrial plant/Agriculture East: Agriculture West: Agriculture with minimal residences Parcel Number: 1309-27-2-10-005 Acreage: .99 +/-Acres Certified mail date: January 12, 2005 Received: February 2, 2005 (Returned unsigned by tenant) Currently the property is in violation of Chapter 23, Article III (3), Division 1 of Section 23-3-20, 23-3-30, 23-3-30.1, 23-3-40, 23-3-40.B, 23-3-40.B.16, 23-3-50, 23-3-50.D and Chapter 29, Article III (3) of Section 29-3-10 of the Weld County Code. REMEDY To bring the property into compliance the number of animal units shall be reduced to no more than a total of 4 (four) horses and/or cows or 3 (three) horses and/or cows and 50 chickens. All structures over 120 square feet require building permits. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate legal action. CASE HISTORY November 3, 2004 Initial complaint received. November 18, 2004 Initial inspection completed. November 19, 2004 Five day compliance encouragement letter issued. December 1, 2004 Violation letter issued. January 10, 2005 Property inspected. Property remains in violation. January 12, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. I • ^ y�m Weld County Department of Planning Services WiiDc. Inspection Report COLORADO 918 10`n st Greeley, CO 80631 Date of Inspection: 9f3 Permit/Case No.: U/ ( —i 'N(;C 4 33 Property Owner Name: 1 Li I 47'i `� ,...,� ,I 1,_j , ( ' i Address: /5-j T Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: 5 G-v�z� s ( // ' (' 1-t,r ; l / -A, .nspection by: t_ t — Contact Name: 12.! 1 C 7C'' l'ontact Phone Number:970-353-6100,Ext. 3555 3opy of this inspection was: O Left on Site—B-lvfailed on ?ictures taken during inspection:/Yes O No 'i ,{_ 1g No � *IC ,YF '1 in 0 - W a 4,<s a a w N 6�J 4NNING SERVICES U GU il .7=_._ t. Compliance Division ftes gl t > U.CO�aWELD.CO.US in LL a man@co.weld.co.us • 4t5":7-' o w w o/ - , Greeley, CO 80631 imp, y a.� `... = a _ 353-6100, Ext. 3555 SO-itNn o 2 c, Fax (970) 304-6498 COLORA: ..' yy } ; ,, ,'f V ' January 12, 2005 _ t"� a- y _ Mr. & Mrs. Jose Ca co _ 441 McClure Ave Ir Firestone, CO 805£ _ MSS DJ CO Current Tenant - int c 15 -_ 15379 Nancy Ave nu n. N Aristocrat Ranchetf o O , m A. Fort Lupton, CO 8 o <>a' 01 im � 2 � n Subject: VI-04 U o- .iir) plorado H Dear Mr. & Mrs. Ca °,6M y m m 0 Zvi_ The property refer ` " , e Im scheduled a meeting with the Be. consider the w N violations occurring Ls..., < „ �, t" 3 ation of the t s c a following Section( v ¢ m d a Chapter 23, A • '{1�' v t' a P v g$ Section 23-3 o -0 s v F "e a c Vs 8 Section 23-3 i o s z t E k f C $ m Section 23-3- m, a a $ a y Section 23-3- c °° °°d c a° Section 23-3-, m a a Arming agricultural, l n basis, including:" o Section 23-3- m Section 23-3-, E Section 23-3- a •O (4) per acre or portio d n f 0 Chapter 29, F 7 n Section 29-3 U, _� To bring the proper -II The number t 31.0 horses and/or cows c, iat your intention is to After researching my computer and case files, I have been unable to locate building permits for several of the structures located on the property. All structures over 120 square feet require a building permit. Additionally,within the boundaries of a subdivision, such as Aristocrat Ranchettes, no more than 4% of the land can be covered in structures. }9` m y �Llillr(ii TS---N 4ir" \� iance Division = O(WELD CO.US g n I ® r _ n@co.weld.co.us .,t-c!„, rep o W La reeley, CO 80631 �S D le p �' N r 3-6100, Ext. 3555 WI d1Mn oo �LL Z 1 - ix (970) 304-6498 • C= 6,1 ® Z w w COLOR AD w cc u 1 1— ff. u` uuj u~a January 12, 2005 _ - LL N - N - _ I Mr. & Mrs. Jose Castro ° o — 441 McClure Ave ��_ = Firestone, CO 80520 � m = _cr Current Tenant N c 15379 Nancy Ave n.J m Aristocrat Ranchettes - o ° m Fort Lupton, CO 8062 o c U co Subject: VI-0400: o z - o a 9 E' ado r U m Dear Mr. & Mrs. Castr ' - m M N r ... o 0r < u_ The property reference N leduled a meeting with the Board Sider the violations occurring on Mut ut n of the following Section(s) itg -r r i w r t 1 i Chapter 23, ArG-t, v iv vg t Section 23-3-20 2 warm% > Section 23-3-30 co oc0 0o p. Section 23-3-30.; o z et Qrk au Section 23-3-40 a ICE mo Vie V' Section 23-3-40.E m Zug us 't ing agricultural, anim ,_ Zu-Eit I is, all-Sit Section 23-3-40.E. N Section 23-3-50 E oda„a : �, Section 23-3-50.1 t uu )er acre or portion th A �32am Chapter 29, Artic-' �4 -11" J a5�¢ Section 29-3-10 C) _ To bring the property int er BO The number of a ` V es and/or cows or 3 r bur intention is to red. After researching my computer and case files, I have been unable to locate building permits for several of the structures located on the property. All structures over 120 square feet require a building permit. Additionally,within the boundaries of a subdivision, such as Aristocrat Ranchettes, no more than 4% of the land can be covered in structures. it DEPARTMENT OF PLANNING SERVICES K Code Compliance Division WWW.CO.WELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us WI 918 10th Street, Greeley, CO 80631 CPhone (970) 353-6100, Ext. 3555 DO Fax (970) 304-6498 COLORADO January 12, 2005 Mr. & Mrs. Jose Castruita 441 McClure Ave Firestone, CO 80520 Current Tenant 15379 Nancy Ave Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0400333, Lot 8, Block 17, Aristocrat Ranchettes Inc, Weld County, Colorado Dear Mr. & Mrs. Castruita: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on February 8,2005, 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 23-3-30.1 "Noncommercial Junkyard." 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 23-3-40.8.16 "Livestock confinement operations." Section 23-3-50 "Bulk requirements." Section 23-3-50.D "Maximum number of animal units permitted per acre: four (4) per acre or portion thereof." Chapter 29, Article /11(3) "Building Permits." Section 29-3-10 "Building permit required." To bring the property into compliance: The number of animal units shall be reduced to no more than a total of 4 (four) horses and/or cows or 3(three)horses or cows and 50 chickens. Please submit a list of what your intention is to reduce to. After researching my computer and case files, I have been unable to locate building permits for several of the structures located on the property. All structures over 120 square feet require a building permit. Additionally,within the boundaries of a subdivision, such as Aristocrat Ranchettes, no more than 4% of the land can be covered in structures. Mr.&Mrs.Castruita and/or Current Occupant Page 2,VI.0400333 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,:na-‘ ;:rillesneaThl Bethany Salzman Zoning Compliance Officer pc: VI-0400333 Department of Planning Services Bruce Barker, County Attorney U.S. Postal ServiceTM 1' CERTIFIED MAIL, RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) 0- • F•r•eliveryinf•rmati•nvisit ur we•site at www.us.s.c•my C Postage $ ru Cer88ed Fee O p PO Return Redept Fee Here (Endorsement Required) - Restricted Delivery Fee - mi (Endorsement Required) O Total Postage $&Fees m o Sent To o MR & MRS JOSE CASTRUITA N &reef,,Apt No.: 441 MCCLURE AVE or PO Box Na ary.smre.ZIP+a FIRESTONE, CO 80520 PS Form 3800.June 2002 See Reverse for Instructions U.S. Postal Service„ CERTIFIED MAIL: RECEIPT o- (Domestic Mail Only;No Insurance Coverage Provided) F•r •elivery inf•rmati•n visit •ur we•site at www.us•s.c•m2o OFFICLAL USE Ira Postage $ nu o cetnuea Fee o Postmark o (Endorsement Required)Re Here o Restricted Delivery Fee - 0 (Endorsement ted tt RequlHery Fe) rl Total Postage 8 Fees $ m 0 Sent To N CURRENT TENANT 'Threat'APtNo.; 15379 NANCY AVE ARIST�RAT or PO Box No. NC t! IT City,State,ZIP+4 FORT LUPTON, CO 80621 PS Form 3800,June 2002 See Reverse for Instructions C) ia( (4;)r Weld County Department of Planning Services junk Inspection Report COLORADO 918 10°1 St Greeley, CO 80631 Date of Inspection: 1 - I i- - Permit/Case No.: 4 l —, c.; .:t 2j 3 Property Owner Name: `L„ i ' -;r. , --- , :-, _ . . . . . Address: <<j?>lLl (NIG ! )i' iJ ((tie - Upon a(visual)(on-site)inspection of the`property listed above, the following items were noted: f�lAv ) � i Inspection by - z`_ Contact Name: , l , ,-„ ,, x ,1 Contact Phone Number: 970-353-6100, Ext.3555 vgof thisthIsjispectren Sitte// ❑ Mailed on: Pictures taken during inspection: ❑ Yes tj�No Kele DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 918 10th Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3555 • Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE December 1, 2004 Mr. & Mrs. Jose Castruita 441 McClure Ave Firestone, CO 80520 Current Tenant 15379 Nancy Ave Aristocrat Ranchettes Fort Lupton, CO 80620 Subject: VI-0400333, Lot 8, Block 17, Aristocrat Ranchettes Inc, Weld County, Colorado Dear Mr. & Mrs. Castruita: 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 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial Junkyard." 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 23-3-40.8.16 "Livestock confinement operations." Section 23-3-50 "Bulk requirements." Section 23-3-50.D "Maximum number of animal units permitted per acre: four(4)per acre or portion thereof." Chapter 29, Article 111(3) "Building Permits." Section 29-3-10 "Building permit required." To bring your property into compliance with the Weld County Code: The number of animal units shall be reduced to no more than a total of 4 (four) horses and/or cows or 3(three)horses or cows and 50 chickens. Please submit a list of what your intention is to reduce to. After researching my computer and case files, I have been unable to locate building permits for several of the structures located on the property. All structures over 120 square feet require a building permit. Additionally, within the boundaries of a subdivision, such as Aristocrat Ranchettes, no more than 4% of the land can be covered in structures. Mr.&Mrs.Castruita and/or Current Occupant Page 2,VI-0400333 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 December 1, 2004, 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-0400333 Peggy Gregory, Building Compliance Officer Department of Building Inspections Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES 4.711 Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us C I 918 10`h Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555 O Fax: (970)304-6498 COLORADO November 19, 2004 Mr. & Mrs. Jose Castruita 441 McClure Ave Firestone, CO 80520 Current Tenant 15379 Nancy Ave Aristocrat Ranchettes Fort Lupton, CO 80620 Subject: VI-0400333, Lot 8, Block 17, Aristocrat Ranchettes Inc, Weld County, Colorado Dear Mr. & Mrs. Castruita: 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(s)with the Weld County Code are as follows: s Too many animal units. During an inspection conducted earlier today, at least 7 horses, 1 cow and multiple chickens were noted. Our records indicate that you have .99 acres. According to the Weld County Code, this means that at a maximum you would be allowed to have 4 (four) horses or 3 (three) horses and up to 50 chickens. > Additionally, it appears as though structures have been constructed without Weld County Building Permits. I would like to schedule an on-site inspection with you to measure the structures and have you draw a map of the site illustrating all of the structures. s Lastly, a"Noncommercial Junkyard"consisting of derelict vehicles(see definition below),wood, trash, roofing materials and miscellaneous debris was noted. While a"Noncommercial Junkyard" is an allowed use on an Agriculturally Zoned property, such as yours,it must be screened from all adjacent properties and public rights-of-ways. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. SERVICE,TEAMWORK,INTEGRITY,QUALITY Mr.&Mrs.Castrulta and/or Current Tenant Page 2,VI.0400333 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. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; is not registered with the State,as required by Section 42-3-103, C.R.S.,or by Section 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; 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 to 42-2-227, C.R.S. 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. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. 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, 176\A-or\ Bethany Salzman Zoning Compliance Officer pc: VI-0400333 Peggy Gregory, Building Compliance Officer Department of Building Inspections Department of Planning Services County Attorney's Office SERVICE,TEAMWORK,INTEGRITY,QUALITY l' ;1 6C•11: Weld County Department of IlliDe Planning Inspection Services Ins ection Report COLORADO • 918 1O St Greeley, CO 80631 Date of Inspection: \ \ `s" .)- Permit/Case No.: s\JI 040._)-2S� Property Owner Name: LA-1 �� V� tt t' (L.. Address: F3 ( Qc., Upon a(visual)(on-site) inspection of the property listed above, the following items were noted: Wc , aLrf --LCA- Va\tc (LP+) hDf \ (.6)4) Inspection by: _� Contact Name: C-i si'1 Contact Phone Number:970-353-6100,Ext.3555 Copy of this inspection was: �� Pictures taken during inspection: Yes O No Identify Results Page 1 of 2 WELD COUNTY ASSESSOR ,�� PROPERTY PROFILE .\1 /r�t�� Account#:R5218486 Parcel#: 130927210005 Tax Area: 2241 Bordering County: Acres: 0.99 Township Range Section Quart.Sec. Subdivison Name Block#Lot# 02 - 66 -27 - 2 ARISTOCRAT RANCHETTES INC- 17 -8 Owners Name&Address: Property Address: CASTRUITA JOSE A & Street: 15379 NANCY AV FORT LUPTON 441 MCCLURE AVE City: FORT LUPTON FIRESTONE, CO 80520 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 3/13/2003 $84,000 QC 3042056 Legal Description AR17-8 L8 BLK17 ARISTOCRAT RANCHETTES INC 15379 NANCY AV FORT LUPTON 0 1 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 0.99 Land Subtotal: 0.99 $37,125 $2,960 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed 1 Mobile Home Improvements Subtotal: $21,624 $1,720 Total Property Value $58,749 $4,680 Building Details Account#: R5218486 Parcel#: 130927210005 Owners Name&Address: Property Address: CASTRUITA JOSE A& Street: 15379 NANCY AV FORT LUPTON 441 MCCLURE AVE City: FORT LUPTON FIRESTONE, CO 80520 Building# Property Type 1 Mobile Home Individual Built As Detail • Built As: Single Wide Year Built: 1983 Exterior: Hardboard Sheet HVAC: Forced Air http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&p in=13092... 11/03/2004 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 770 #of Baths: 2 Roof Type: Gable #of Bdrms: 3 Roof Cover: Shingle Comp # of Stories: 1 Rooms: 5 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Mobile Home Details MH Make MH Length MH Width 0 0 http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 11/03/2004 iy,parcel cable'1. urlenarrce "4y-sA� X jrr Parcel No 1139-27`2'10-005 ;r Ak Key GG0127 eM N v e', ®. Primary: r_,,,,,,,,,,,;, . ! G ai.t_.:ormatabr s_ �No' .._. ..LTa/StreetNa�r' fd Fraet electA Ad ra L 1 area( a� A a� 15379 NANCY AY FTLP aW Pnm ry Owner Inform '; 4{ 0 Y trd ... _.. LeGS O-esa tr .. :- :Na ICALDERON MANUEL DE JESUS CAS1 AA17 8 LB DLK17 ARISTOC RAT RANCHETTES INC ` Address 1:15379 NANCY AVE SITUS:15379 NANCY AV FORT LUPTON 0 Ar ess2 FORT LUPTON CO idkess 39 Adze d • . 0621 I, " ' Use'Codea .�.1 _ 1: Ttila.1224i . . 1 1 t:r StatuslACT1YE Govt Owned: N t ,:1 lyp":yiDbets:StliYia1atitrn:,TAttii y :: _a r. h^°` `; "la' ''R`' : c:. .Ca t.Pernik N: �VI Ad00333 • • • Address J 15379 NANCY AV NT §4ri �COMPLNT • .APPLICANT:fCASTRUITAJOSE Data, 11l12l200d bikotop r • T eapb ]Zae I` �. ..._r.,...:.-.: t3 se• tu3"vari••akiot, - „: ,. „- -,.., �,..7 : Parcel No I13O9 27 -10;[K mod} g Owner ICASTAUETAJOSE f* nr • Status COMPLNT Written By JBJS- '. Sec/lwniA -(270266 ' y X. 40, .,, Description (too many animal- units ' Location.. ii J15379 Nancy Ay? ArstocratRanchettes '_,� -• r , ' z ZorartgDst �AGRI InspectwnArea• IV2 PeimPNun:'� a APP Type:iVI J=(BCV=BLDNG VIO,V1=ZONING V)O:.WCV=WEIR VIO'bcv+w`J `f•I . � �,g '• . .... , .Gaas Coder' 9 • • - �ANIMAL.UNITS„ ' µ, � Gainplant .111/03/2004 irs�. BJS ND:VI. L/ /_ Ink • • 5 Day Letter: l_/_!_ • • • Ir iL' Issued. l—/-/— Ind:. Ir•spe lion: I_J_! • • • Ink BCCVar L/_' • • • IS: • • • • • Court I_/_t i Closed L•i_i_• Irk Dosed ' • VI- I_/_J_ Intl L......) 6 t DEPARTMENT OF PLANNING SERVICES igl1 Code Compliance Division O 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: X ZONING CODE COMPLAINT 0 Staff/Name: S. Citizen 0 Other: 0 HEALTH DEPARTMENT Citizen's Name(If known): W WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): X BUILDING CODE COMPLAINT C PUBLIC WORKS/PEST&WEEDS Date Complaint was received: k I?j'( Pending Case#(i.e. USR,RE, SE, ect...): ��, �y ri,Legal Description:VIA'1:-.-e-ANy. ,,fl(1�{,-o�t'� i, Parcel#: \ �O! I`d-�n-l/LIJ Violation Address: ` -1,,f�01 ll_11 PQcc_ Property Owners Name: �_QSartla F4) CttM_ Phone: Property Owners Address: qL\\ 1 r` r ts : tt7 y... C 1 .V t 7t Tenant's Name: Phone: Tenant's Address: ^^ �,�,� NATURE OF COMPLA T: \q t t C2&Z skitopy hu,lcli mi- boo a a-3 L -400ot , L - Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: 111111 1111 IIIIII1 IIIII 111111111111111 III 11111 111 1111 3042056 03/13/2003 02:58P Weld County, CO 1 of 2 R 11.00 D 8.40 Steve Moreno Clerk&Recorder 056 LF298.04 R298-04 QUITCLAIM DEED THIS QUITCLAIM DEED,executed this 1 3 day of March , 2003 ' by first party, Grantor, Manuel de Jesus Castruita Calderon whose post office address is 15543 Higgins Ave Fort Lupton CO, 80621 to second party, Grantee,Jose A Castruita and Nadine Castruita whose post office address is 441 Mcclure Ave Firestone, CO 80520 WITNESSETH,That the said first party, for good consideration and for the sum of Eighty Four Thousand 00/100 Dollars ($ 84, 000. paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land,and improvements and appurtenances thereto in the County of Weld , State of Colorado to wit: Lot 8, Block 17, ARISTOCRAT RANCHETTES INC. SUBDIVISION, County of Weld, State of Colorado- also known by street and numberas . 15379 NANCY AVENUE, FORT LUPTON, COLORADO ***80621 ®1992-2001 Made E-Z Products.Inc. Page I Rev. I W0I This product does not constitute the rendering of legal advice or services.This product is intended for informational use only and is not a substitute for legal advice.State laws vary,so consult an attorney on all legal matters.This product was not nem:sadly prepared by a person licensed to practice law in your state. ZAAB 1111111 IIIII 1111111 IIIII IIIII IiI 111111111111111 IIII IIII 3042056 03/13/2003 02:58P Weld County, CD 2 of 2 R 11.00 D 8.40 Steve Moreno Clerk&Recorder IN WITNESS WHEREOF,The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: 442ry&A Yr r.c 7171//716 (442k9h Signature of Witness Signature of First Party M aha.el T Cc's/re",/q lst/afa) Print name of Witness Print name of First Party Signature of Witness Signature of First Party Print name of Witness Print name of First Party ,e�Stankift p s+, 4*Otfnt)+of. l ' ^p;O1b 'O • , before me, o : a vif ' • ' p.t on I cnown to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose v ma l%i• rC�Subscribed to the within instrument and acknowledged to me that he'she/they executed the a, cili i�r/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the •pe1 (s)14 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS hand and fficial seal. Signature of Ifotary /e4?/ G 147/07'TS� ��"� 'l f �05 Affiant Known / l Produced ID Type of ID (Seal) State of County of On before me, appeared personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Affiant Known Produced ID Type of 1D (Seal) D r'& X \R Signature of Preparer Dlnet Lir\f(ln Y 1%P Print Name of Preparer Uri- . is Ptka--c,c1,1Pa Address of Preparer co,51.05 T Page 2 ZAAB • Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Mr. & Mrs. Jose Castruita Violation: VI-0400333 Mailing Address: 441 McClure Avenue, Firestone, CO 80520 Situs Address: 15379 Nancy Avenue, Fort Lupton, CO 80621 Legal: Lot 8, Block 17, Aristocrat Ranchettes, Weld County Colorado Location: South of and adjacent to CR 18 and East of and adjacent to CR 31 North: Agriculture with residences South: Industrial plant/Agriculture East: Agriculture West: Agriculture with minimal residences Parcel Number: 1309-27-2-10-005 Acreage: .99 +/-Acres Certified mail date: January 12, 2005 Received: February 2, 2005 (Returned unsigned by tenant) Currently the property is in violation of Chapter 23, Article III (3), Division 1 of Section 23-3-20, 23-3-30, 23-3-30.1, 23-3-40, 23-3-40.8, 23-3-40.8.16, 23-3-50, 23-3-50.D and Chapter 29, Article III (3) of Section 29-3-10 of the Weld County Code. REMEDY To bring the property into compliance the number of animal units shall be reduced to no more than a total of 4 (four) horses and/or cows or 3 (three) horses and/or cows and 50 chickens. All structures over 120 square feet require building permits. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate legal action. CASE HISTORY November 3, 2004 Initial complaint received. November 18, 2004 Initial inspection completed. November 19, 2004 Five day compliance encouragement letter issued. December 1, 2004 Violation letter issued. January 10, 2005 Property inspected. Property remains in violation. January 12, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2005-0427 DEPARTMENT OF PLANNING SERVICES Lode Compliance Division WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us C 918 10`" Street, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3555 O Fax (970) 304-6498 COLORADO January 12, 2005 Mr. & Mrs. Jose Castruita 441 McClure Ave Firestone, CO 80520 Current Tenant 15379 Nancy Ave Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0400333, Lot 8, Block 17, Aristocrat Ranchettes Inc, Weld County, Colorado Dear Mr. & Mrs. Castruita: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on February 8,2005, 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 23-3-30.1 "Noncommercial Junkyard." 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 23-3-40.8.16 "Livestock confinement operations." Section 23-3-50 "Bulk requirements." Section 23-3-50.D "Maximum number of animal units permitted per acre: four (4) per acre or portion thereof." Chapter 29, Article 111(3) "Building Permits." Section 29-3-10 "Building permit required." To bring the property into compliance: The number of animal units shall be reduced to no more than a total of 4 (four) horses and/or cows or 3(three)horses or cows and 50 chickens. Please submit a list of what your intention is to reduce to. After researching my computer and case files, I have been unable to locate building permits for several of the structures located on the property. All structures over 120 square feet require a building permit. Additionally,within the boundaries of a subdivision, such as Aristocrat Ranchettes, no more than 4% of the land can be covered in structures. U.S. Postal Service,, o CERTIFIED MAIL., RECEIPT Er (Domestic Mail Only;No Insurance Coverage Provided) Cr" F r•etivery int.rmati•n visit.ur we•site at www.us•s.c•mt v0 m , FACIAL L C m Postage $ ru o Certified Fee o Postmark O Return eFee Here (EndorsementR Required) O (Endoredsement Delivery Required) Fee - A Require e 0 rl Total Postage 8 $Fees PI o Sent To CURRENT TENANT b°et•^P Na; 15379 NANCY AVE ARIST(�(�yT}�rr or Po Box No. tS XtriHrp•nn.2• City,State,ZIPt4 �Yk?}JwAAAW FORT LUPTON CO 80621 PS Form 3800.June 2002 See Reverse for Instructions Mr.&Mrs.Castruita and/or Current Occupant Page 2,VI.0400333 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, run• Bethany Salzma Zoning Compliance Officer pc: VI-0400333 Department of Planning Services Bruce Barker, County Attorney U.S. Postal Service.., CERTIFIED MAIL. RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) D' F•r.elivery inf•rmati•n visit•ur we•site at www.us•s.comrn fir. ., .�«.. eD Postage $ f1J 0 Certified Fee Postmark Return Here Reuept Fee (Endorsement Required) - O Restricted Delivery Fee rl (Endorsement Required) O Total Postage $ &Fees m o Sent to o MR & MRS JOSE CASTRUITA r Saeet,Apt.No.; 441 MCCLURE AVE or PO Box No. aty.stare.zIP«a FIRESTONE, CO 80520 PS Form 3800.June 2002 See Reverse for Instructions O C I ` f Weld County Department of 1 Planning Services 1119€ Inspection Report COLORADO 918 10`h St Greeley, CO 80631 Date of Inspection: Permit/Case No.: 1 -; . • .Y' 7 3 i Property Owner Name: `i, i ,::-r , S , Address: I S 2,-C1 '4i i ' ti L (bi e . Upon a(visual)(on-site) inspection of the property listed above, the following items were noted: I Inspection by: Contact Name: , s. Contact Phone Number: 970-353-6100, Ext. 3555 y of this . ectie was: ❑ eft on Site ❑ Mailed on: Pictures taken during inspection: O Yes No t ‘----Nz: DEPARTMENT OF PLANNING SERVICES Code Compliance Division IDWebsite: WWW.CO.WELD.CO.US VI Address: bsalzman@co.weld.co.us 918 10th Street, Greeley, CO 80631 Phone: (970)353-61O0, Ext. 3555 CE-mail Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE December 1, 2004 Mr. & Mrs. Jose Castruita 441 McClure Ave Firestone, CO 80520 Current Tenant 15379 Nancy Ave Aristocrat Ranchettes Fort Lupton, CO 80620 Subject: VI-0400333, Lot 8, Block 17, Aristocrat Ranchettes Inc, Weld County, Colorado Dear Mr. & Mrs. Castruita: 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 23-3-30.1 "Noncommercial Junkyard." 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 23-3-40.8.16 "Livestock confinement operations." Section 23-3-50 "Bulk requirements." Section 23-3-50.D "Maximum number of animal units permitted per acre: four(4)per acre or portion thereof." Chapter 29, Article 111(3) "Building Permits." Section 29-3-10 "Building permit required." To bring your property into compliance with the Weld County Code: The number of animal units shall be reduced to no more than a total of 4 (four) horses and/or cows or 3 (three)horses or cows and 50 chickens. Please submit a list of what your intention is to reduce to. After researching my computer and case files, I have been unable to locate building permits for several of the structures located on the property. All structures over 120 square feet require a building permit. Additionally, within the boundaries of a subdivision, such as Aristocrat Ranchettes, no more than 4% of the land can be covered in structures. Mr.&Mrs.Castruita and/or Current Occupant Page 2,VI-0400333 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 December 1, 2004, 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,, y , 61 Bethany Salzman Zoning Compliance Officer pc: VI-0400333 Peggy Gregory, Building Compliance Officer Department of Building Inspections Department of Planning Services Bruce Barker, County Attorney • DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us 918 10th Street, Greeley, CO 80631 CPhone: (970) 353-6100, Ext. 3555 O Fax: (970)304-6498 COLORADO November 19, 2004 • Mr. & Mrs. Jose Castruita 441 McClure Ave Firestone, CO 80520 Current Tenant 15379 Nancy Ave Aristocrat Ranchettes Fort Lupton, CO 80620 Subject: VI-0400333, Lot 8, Block 17, Aristocrat Ranchettes Inc, Weld County, Colorado Dear Mr. & Mrs. Castruita: 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(s)with the Weld County Code are as follows: Too many animal units. During an inspection conducted earlier today, at least 7 horses, 1 cow and multiple chickens were noted. Our records indicate that you have .99 acres. According to the Weld County Code, this means that at a maximum you would be allowed to have 4 (four) horses or 3 (three) horses and up to 50 chickens. Additionally, it appears as though structures have been constructed without Weld County Building Permits. I would like to schedule an on-site inspection with you to measure the structures and have you draw a map of the site illustrating all of the structures. Lastly,a"Noncommercial Junkyard"consisting of derelict vehicles(see definition below),wood, trash, roofing materials and miscellaneous debris was noted. While a"Noncommercial Junkyard" is an allowed use on an Agriculturally Zoned property,such as yours,it must be screened from all adjacent properties and public rights-of-ways. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. SERVICE,TEAMWORK,INTEGRITY,QUALITY Mr.&Mrs.Castruita and/or Current Tenant Page 2,VI-0400333 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. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; is not registered with the State,as required by Section 42-3-103, C.R.S.,or by Section 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; 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 to 42-2-227, C.R.S. 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. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. 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, 176Y\CT\ Bethany Salzman Zoning Compliance Officer pc: VI-0400333 Peggy Gregory, Building Compliance Officer Department of Building Inspections Department of Planning Services County Attorney's Office SERVICE,TEAMWORK,INTEGRITY,QUALITY } �{ Weld County Department of ��• ng Services Inspection Report COLORADO 918 10`h St Greeley,CO 80631 Date of Inspection: \ 1 `L`i`t jL\ Permit/Case No.: ��' 1 ,l0-7j 5- r1,-�T`t Property Owner Name: ( k-�4 � t ui. Address: \' •.--)31.)( Q Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: \ j -6 e1- V cc as)-0 Lo htf c 1 1*)(Th± ca Gov L n Lid('Qqc Q be nn Inspection by: Contact Name: 1' \J1 Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspection was: Pictures taken during inspection: Yes ❑ No �' Identify Results Page 1 of 2 WELD COUNTY ASSESSOR ,4'_2-2 PROPERTY PROFILE Account#: R5218486 Parcel#: 130927210005 Tax Area: 2241 Bordering County: Acres: 0.99 Township Range Section Quart.Sec. Subdivison Name Block#Lot# 02 - 66 - 27 - 2 ARISTOCRAT RANCHETTES INC- 17 - 8 Owners Name&Address: Property Address: CASTRUITA JOSE A& Street: 15379 NANCY AV FORT LUPTON 441 MCCLURE AVE City: FORT LUPTON FIRESTONE,CO 80520 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 3/13/2003 $84,000 QC 3042056 Legal Description AR17-8 L8 BLK17 ARISTOCRAT RANCHETTES INC 15379 NANCY AV FORT LUPTON 0 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 0.99 Land Subtotal: 0.99 $37,125 $2,960 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Mobile Home Improvements Subtotal: $21,624 $1,720 Total Property Value $58,749 $4,680 • Building Details Account*: R5218486 Parcel*: 130927210005 Owners Name&Address: Property Address: CASTRUITA JOSE A& Street: 15379 NANCY AV FORT LUPTON 441 MCCLURE AVE City: FORT LUPTON FIRESTONE, CO 80520 Building# Property Type 1 Mobile Home Individual Built As Detail Built As: Single Wide Year Built: 1983 Exterior: Hardboard Sheet HVAC: Forced Air http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 11/03/2004 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 770 # of Baths: 2 Roof Type: Gable # of Bdrms: 3 Roof Cover: Shingle Comp #of Stories: 1 Rooms: 5 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Mobile Home Details MH Make MH Length MH Width 0 0 http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 11/03/2004 q.Parcel Table MaFntenanre - • ` Pp:cel Na:11 -27 210.005 AX Key. 6E0227 Lod F E " Kagan?Address : _Gerisxal intarmaban ,. No ` ' Dir 1 StzeetName C1yId: S Sacsror. Fleet. $eieatMMMAdidcss.. PC-Cal.'.". . Areal 0.00 Aaes:� 0.99 15379 NANCY AV FTLP I Ceres Tract Pen.—Block Pri ;Owner -- X{CoordI YCaord: ''... Leaal Dentx ion Nmae:JCALDERON MANUEL DE JESUS CAST AR17.2 L88LK17 ARISTOCRAT RANCHETTES INC .. SITUS: 15379 NANCY AV FORT LUPTON 0 Ac iiessl:1.(15379 NANCY AVE 'Address 2jFORT LUPTON CO Addles 3 _._ ''',..I.,,... ddess A. 71 Zq;190621 Use Code: zi Pion 1:' TRAI2241 Exernd: " Phone 2 - _f Notation. '. statushACTIVE GovtOwned,f i. •.. 1 ype:VwO vets: 101 Violation(Acttytty : �:�: <'� 2 ' *: ., : .. i. ,_�a»z :?AI 's -#6. , -a. ° '- , ... - Permit N:.IVI-0400333 Addiess:115379 NANCY AV ARI Statusf.ICOMPLNT APPLICANT:ICASTRUITAJOSE Date'11111212(%14 ..: .. • - '-Back,�tgp r tJsIt ®, icti al t . tit .....„.... ... .PeopfaQec . WIC =lisp &�Dis $eW Luse information tiun " rt-.- a -x„ , .4441::.!: .. lot vt R tP • Parcel No: (1 9-27 2 1 01 . _ /§ Owfter. ICASTRUiTAJOSE • . r • -'' � .•. .::q-. � • •. �WrktenBJS . . - -•Sec/Twn/R• " 27 •0266 `� 3 :. Stator. ICDMPLNT L 1 By IBJS : • -.Oesct�tron.•i(too ma•rry arw•nd•utts �# Location 115379 Nancy Ave Aristocrat•Ranchettes .4 44 2diiaig Out IAGRI Inspection Area,1V2 PermitNum: I a .App Type: NI 2] [0CV LONGVl0.VIZONINGVIO,WCV WELDVIO'bcv+viz . 5 Class Code: IVI.9 . . . • 'ANIMAL UNITS. : :.. . Coriplank 111/03r2004 :. .;Ink. BJS NO VI:.I_/_/_ Ink: 1 • • • 5 Day.Lelter. 1_1_1_ .. Irat • Issued j_/_j........... Ill: Inspection L!_r� . Iri: ' BCCVio: 1_/_/ IS: Court I_/_/ Ina: . ClosedBCV: I_/_/ Ink closed VI: Init L.---N,,,4 ce DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division III Ill D es 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: V ZONING CODE COMPLAINT 0 Staff/Name: pr.. Citizen 0 Other: 0 HEALTH DEPARTMENT Citizen's Name(If known): t( WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): 1)1( BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: \\,2S\ Pending Case#(i.e.USR,RE, SE, ect...): n- h�'q�b j ry� ^ i Legal Description:, %.1 \D Vii {�Sy'� }o Parcel#: � -a 1-a- 10- Violation Address: \ ? f CLA PQ' ci Property Owners Name: (-..3Srtkite L]A_) Phone: y� Property Owners Address: t.4i \ 1 C;.e.iuJrc. Pm..., r v1 tti ►L W (t 1 l 67r Tenant's Name: Phone: Tenant's Address: /� �, NATURE OF COMPL T: PsYn SI Ya ,& t �.v Ju:3 rq C h.tClibn l 5a1x 1y huACLI NI- tux_, Of a-3 U(S �--40(lot •b ' Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: Page 1 of 2 Westlaw Attached Printing Summary Report for SALZMAN,BETHANY 3938532 Your Search: NA(CASTRUITA) Date/Time of Request: Wednesday,November 03, 2004 16:45:00 Central Client Identifier: CASTRUITA Database: PEOPLEFIND-CO Lines: 28 Documents: 1 Images: 0 (C) 2004. Copyright is not claimed as to any part of the original work prepared by a U.S. government officer or employee as part of that person's official duties. All rights reserved. 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WIN Natural Language is protected by U.S. Patent Nos. 5,265,065, 5,418,948 and 5,488,725. http://print.westlaw.com/delivery.html?dest=atp&dataid=B0055 80000004074000393 853... 11/03/2004 Page 2 of 2 • Information Current Through:09-30-2004 Database Last Updated:10-14-2004 Updated Frequency:Monthly Current Date:ll/03/2004 Source: Trans Union Individual Information Name: CASTRUITA, JOSE ALBERTO Also Known As: AGUALLO, JOSE ALBERTO SSN: 524-91-2281 Estimated Date of Birth: 09/1958 On File Since: 06/01/1994 Phone: 833-6383 Current Address Information Current Address: 10910 TURNER BL 208 LONGMONT, CO 80504-9574 Address Last Reported: 02/01/1998 Previous or Additional Address Information Previous Address: PO BOX 527 FIRESTONE, CO 80520-0527 Address Last Reported: 11/13/2000 Previous Address: 325 BUCHANAN LN LONGMONT, CO 805O1-5713 Address Last Reported: 11/13/2000 END OF DOCUMENT http://print.westlaw.com/delivery.html?dest=atp&dataid=B005580000004074000393853... 11/03/2004 1 111111 11111 111111 11111 11111 III 1111111 111111 1111 III 3042056 03/13/2003 02:688 Weld County, CO 1 of 2 R 11.00 D 8.40 Steve Moreno Clerk& Recorder 056 LF298-04 R298-04 QUITCLAIM DEED THIS QUITCLAIM DEED,executed this 13 day of March , 20 03 by first party, Grantor, Manuel de Jesus Castruita Calderon whose post office address is 15543 Higgins Ave Fort Lupton CO, 80621 to second party, Grantee,Jose A Castruita and Nadine Castruita whose post office address is 441 Mcclure Ave Firestone, CO 80520 WITNESSETH,That the said first party, for good consideration and for the sum of Eighty Four Thousand 00/100 Dollars (`6 84, 000. paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land,and improvements and appurtenances thereto in the County of Weld , State of Colorado to wit: Lot 8, Block 17, ARISTOCRAT RANCHETTES INC. SUBDIVISION, County of Weld, State of Colorado. also known by street and numberas . 15379 NANCY AVENUE, FORT LUPTON, COLORADO ***80621 O 1992-2001 Made E-Z Products.Inc. Page I Rev. I W0I This product does not constitute the rendering of legal advice or services.This product is intended for informational use only and is not a substitute for legal advice.Stale laws vary,so consult an attorney on all legal matters.This product was not necessarily prepared by a person beem<d to practice law in your stale. ZAAB AEI HOIDEN 11111 11111 I6 e11111III 11111 IIII IIII 3042056 03(1312003 02:68P Weld County, CO 2 ci 2 R 11.00 0 8.40 Steve Moreno Clerk&Recorder IN WITNESS WHEREOF,The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: // m grivePA Tres 5,0-&o M ( /dct✓1/2 Signature of Witness Signature of First Party P 0hve! f r'95 fr-v#T? 6thlla- Print name of Witness not name of First Party Signature of Witness Signature of First Party Print name of Witness Print name of First Party A ate►ri9 f, ss. •' ottn'[y 6f ' /Ob 'p y before me, a e _ ^. known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose es ti))) intact Subscribed to the within instrument and acknowledged to me that he/she/they executed the •,i mealtr/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the •peGEi(s)E the entity upon behalf of which the person(s) acted, executed the instrument. WITha hand andpfficial seal. /11- 1, Signature of Notary /✓ �1y�).17-J'W '4,/el r 045- Affiant Known Produced ID / Type of ID (Seal) State of County of On before me, appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal. 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