The URL can be used to link to this page

Browse Search

Home My WebLink About20051153.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI #0300227AGAINST DONALD AND JOE WROBLEWSKI 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, Donald and Joe Wroblewski, VI #0300227, 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 March, 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 April 12, 2005,to allow the property owner, tenant, and representative to be present at the violation hearing, and WHEREAS, on the 12th day of April, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Donald and Joe Wroblewski, property owners, and Michael Stewart, representative, were present at said hearing, and WHEREAS, at said hearing of April 12, 2005, the Board of County Commissioners determined the property owner has brought the subject property into compliance and deemed it advisable to dismiss said matter NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0300227 against Donald and Joe Wroblewski be, and hereby is, dismissed. 2005-1153 PL0824 00 : /-4, Vi 1's-03 -nS— VIOLATIONS - VI #0300227 - DONALD AND JOE WROBLEWSKI PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of April, A.D., 2005. BOARD OF COUNTY COMMISSIONERS flL4/ WELD COUNTY, COLORADO WilliamH. J , Chair lerk to the Board ifIle, Isro-Tem BY: C* eputy Clerk to the Board EXCUSED D d E. Lon A DASTO Rob D. Mas zry oun y Att ey Glenn Vaad Date of signature: 6`.-9/®5`.-- 2005-1153 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Donald Wroblewski Tenant: Joe Wroblewski Violation: VI-0300227 Owner's Address: 19457 CR 8, Hudson, CO 80642 Situs Address: 3161 Vantage Drive, Hudson, CO 80642 Legal: Lot 17, Vantage Acres, 1st Filing, Weld County, Colorado Location: North of and adjacent to CR 8 North: Agricultural Zoning with some residences South: Approximately 1 mile North of the Town limits of Lochbuie East: Approximately% mile West of 1-76 and Town limits of Hudson West: Approximately 1 mile East of Sunny Acres, Froman Ranchettes, Green Acres Parcel Number: 1473-17-4-02-003 Acreage: 4.55 +/- (Acres) Certified mail date: January 28, 2005 Received: February 1, 2005 (Accepted by Joe) February 23, 2005 (property posted) Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-330.D, 23-3-40, 23-3-40.O and 23-3-40.R of the Weld County Code. REMEDY To bring the property into compliance the number of semi cabs and trailers shall be reduced to 1 (one) semi cab and the conditions prior to approval of your Home Occupation (CCS-040045) shall be completed. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. • CASE HISTORY June 20, 2003 Initial complaint received. June 20, 2003 Initial inspection completed. September 25, 2003 Five day compliance encouragement letter issued. October 23, 2003 Violation letter issued. November 25, 2003 Violation letter re-issued. January 30, 2004 Use by Special Review(USR-1465)application completed and submitted to the Department of Planning Services. 2005-1153 Mr.Wroblewski Page,2 VI-0300227 June 23, 2004 USR-1465 was denied by the Board of County Commissioners (Document# 20041795). August 24, 2004 Property inspected. Property remains in violation. October 12, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. October 18, 2004 Telephone conversation with Mr. Wroblewski, Jacqueline Hatch and myself. October 20, 2004 Letter sent to Mr. Wroblewski suggesting a"Home Occupation" application. November 1, 2004 Property inspected. Property remains in violation. November 8, 2004 Property inspected. Property remains in violation. January 28, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. February 1, 2005 Received Joe Wroblewski's signed receipt. February 16, 2005 Certified letter returned as"Unclaimed". February 23, 2005 Deputy Grein posted door of Donald Wroblewski's residence with a copy of the Violation Hearing Notice. March 8, 2005 Board of County Commissioners continued case to April 12, 2005 at request of property tenant. March 10, 2005 Faxed letter of continuance to property owner's son at his request. March 10, 2005 Initial contact with Mr. Wroblewski's attorney. March 25, 2005 Contact from Mr. Wroblewski's attorney. 03/10/05 11:58 FAX 970 304 6498 WELD PLANNING Z001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO 2479 CONNECTION TEL 913035364145 SUBADDRESS CONNECTION ID ST. TIME 03/10 11:50 USAGE T 08'20 PGS. SENT 5 RESULT OK FAX TRANSMISSION DEPARTMENT OF PLANNING SERVICES Compliance Division • NORTH OFFICE 918 10TH Street GREELEY, CO 80631 Website: WWW•CO.WELD.CO.US E-mail Address: bsalzmanlG�CO weld.co.uS PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE:FAX: (720) 652-421t. 8730 652-4211 To: Mr. Joe Wroblewski Date: March 10, 2005 Fax: 303-536-4145 Pages: 5, including this cover page Phone: From: Bethany Salzman Zoning Compliance Officer hsalzman(a�co weld.co.us Subject: April 12, 2005—Violation Hearings COMMENTS: Please see the following letters as I indicated during our phone conversation on March 7, 2005. I am sending a copy via regular mail as well. FAX TRANSMISSION DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman(cr�co.weld.co.us PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 To: Mr. Joe Wroblewski Date: March 10, 2005 Fax: 303-536-4145 Pages: 5, including this cover page Phone: From: Bethany Salzman Zoning Compliance Officer bsalzman(a�co.weld.co.us Subject: April 12, 2005—Violation Hearings COMMENTS: Please see the following letters as I indicated during our phone conversation on March 7, 2005. I am sending a copy via regular mail as well. CONFIDENTIAL This facsimile is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged confidential and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that nay dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. (Vica DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US W.CO.W ELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us 918 10th Street, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3555 lO Fax (970) 304-6498 COLORADO March 10, 2005 Mr. Donald Wroblewski 19457 CR 8 Vantage Acres Hudson, CO 80642 Mr. Joe Wroblewski 3161 Vantage Drive Vantage Acres Hudson, CO 80642 Subject: VI-0300227, Lot 17, Vantage Acres, 151 filing, Weld County, Colorado Dear Mr. Wroblewski: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on April 12, 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.D "Home Occupations." Section 23-3-40 "Uses by special review." Section 23-3-40.O "Home Business." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring the property into compliance: Since your Use by Special Review (USR-1465) was denied by the Board of County Commissioners, the Home Occupation process will allow you to maintain one commercial semi cab on your property. However, it has been brought to my attention by Michelle Martin, Planner, that you have not submitted a complete Home Occupation Application (CCN-040045). In order to complete your application, Mrs. Martin has indicated that a screening plan is necessary. 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. Mr.Wroblewski Page 2,VI-0300227 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, 1 V Bethany Salzman Zoning Compliance Officer pc: VI-0300227 CCN-040045 Michelle Martin, Planner Department of Planning Services Bruce Barker, County Attorney a DEPARTMENT OF PLANNING SERVICES 4(Ce Code Compliance Division WWW.CO.WELD.CO.US W.CO.W ELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us 918 10th Street, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3555 Q Fax(970) 304-6498 COLORADO March 10, 2005 • Mr. Donald Wroblewski 19457 CR 8 Vantage Acres Hudson, CO 80642 • Subject: VI-0400325, Lot 13, Vantage Acres, 2nd Filing, Weld County, Colorado Dear Mr. Wroblewski: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on April 12, 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 23-3-20.D "Home Occupation." Section 23-3-40 "Uses by special review." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring the property into compliance: As we have previously discussed (through VI-0000330 and previous letters)commercial vehicles, including, but not limited to, semi trailers, are not an allowed use within the boundaries of a Subdivision, unless permitted through a Use by Special Review permit or a Home Occupation. For questions, I would suggest that you speak to one of our"On- Call"Planners. We have 2(two)locations open to the public. Our main office is located at 918 10th Street, Greeley, Colorado. Where,we have an"on-call" planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00-4:00 p.m. Our other office (the Southwest Weld Office) is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m.-4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. 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. Mr.Wroblewski Page 2,VI-0400325 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, Bethany Salzman Zoning Compliance Officer pc: VI-0400325 Department of Planning Services Bruce Barker, County Attorney f cy; I I VI-0300227 (Hudson Wroblewski Vantage Acres ••• • ••a ..... l r I J CR 8 iiiiiiiiiiiiiiii tick 76 .• iiiiiiii VI-0400325 , — Apollo ... Wroblewski s} ; .e` 4' ge.4..9 ./ • • Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Donald Wroblewski Tenant: Joe Wroblewski Violation: VI-0300227 Owner's Address: 19457 CR 8, Hudson, CO 80642 Situs Address: 3161 Vantage Drive, Hudson, CO 80642 Legal: Lot 17, Vantage Acres, 15` Filing, Weld County, Colorado Location: North of and adjacent to CR 8 North: Agricultural Zoning with some residences South: Approximately 1 mile North of the Town limits of Lochbuie East: Approximately 1/2 mile West of 1-76 and Town limits of Hudson West: Approximately 1 mile East of Sunny Acres, Froman Ranchettes, Green Acres Parcel Number: 1473-17-4-02-003 Acreage: 4.55 +/- (Acres) Certified mail date: January 28, 2005 Received: February 1, 2005 (Accepted by Joe) February 23, 2005 (property posted) Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-330.0, 23-3-40, 23-3-40.O and 23-3-40.R of the Weld County Code. REMEDY To bring the property into compliance the number of semi cabs and trailers shall be reduced to 1 (one) semi cab and the conditions prior to approval of your Home Occupation (CCS-040045) shall be completed. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. CASE HISTORY June 20, 2003 Initial complaint received. June 20, 2003 Initial inspection completed. September 25, 2003 Five day compliance encouragement letter issued. October 23, 2003 Violation letter issued. November 25, 2003 Violation letter re-issued. January 30, 2004 Use by Special Review(USR-1465) application completed and submitted to the Department of Planning Services. 2005-0766 Mr.Wroblewski Page,2 VI-0300227 June 23, 2004 USR-1465 was denied by the Board of County Commissioners (Document# 20041795). August 24, 2004 Property inspected. Property remains in violation. October 12, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. October 18, 2004 Telephone conversation with Mr. Wroblewski, Jacqueline Hatch and myself. October 20, 2004 Letter sent to Mr. Wroblewski suggesting a "Home Occupation" application. November 1, 2004 Property inspected. Property remains in violation. November 8, 2004 Property inspected. Property remains in violation. January 28, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. February 1, 2005 Received Joe Wroblewski's signed receipt. February 16, 2005 Certified letter returned as"Unclaimed". February 23, 2005 Deputy Grein posted door of Donald Wroblewski's residence with a copy of the Violation Hearing Notice. o o VD 03eozzl II ei(lit t 4 IL I fii M►oZ � g ANNING SERVICES Compliance Division ��al o a W.CO.WELD.CO.US III N LL z o < _ !man@co.weld.co.us Q x o ol. Greeley, CO 80631 Z v v - o v _ 353-6100, Ext. 3555 E SotINn o o g v w o w o o - Fax (970)304-6498 •y • v N m m K j F COLORA :_` �� a z > : m a - • ' vos January 28, 2005 v N 443 ' Mr. Donald Wroble ��' v o a z a 19457 CR 8 �� m '.} o v J $ � � Vantage Acres m v a E ct Hudson, CO 80642 _ ess m U z o :0 oKc Mr. Joe Wroblewsk N O Y 3161 Vantage Drive^ o m Vantage Acres Hudson, CO 8064; o o ID o m ID rl CO i3 O Subject VI-03( o_ tt U Dear Mr. Wroblew O ran v c 4 The property refers t (scheduled a meeting with the B r consider the violations occurrinc tm ation of the following Sectionf `'t' w 0 Chapter 23, A , 8 at Section 23-3- Section 23-3 to a Section 23-3 , Section 23-3-a! g n u., un o C"! Section 23-3-4 g O = N "" r. Section 23-3-; a o ea Use by Special Re `o `= r r, the property is not. c et w m �„) �p or plan filed prior E twi- UJ fnent proposals shal wd , /� 0 6y p. N O U To bring the propert d -o Since your Us s� +O inty Commissioner one commercial se d 310 i by Michelle Martin 3 0.) O lion Application (C. has indicated that. 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. res tb.;;Nt: DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US W.CO.W ELD.CO.US Niu E-mail Address: bsalzman@co.weld.co.us 918 10th Street, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3555 Q Fax (970)304-6498 COLORADO January 28, 2005 Mr. Donald Wroblewski 19457CR8 Vantage Acres Hudson, CO 80642 Mr. Joe Wroblewski 3161 Vantage Drive Vantage Acres Hudson, CO 80642 Subject: VI-0300227, Lot 17, Vantage Acres, 1st filing, Weld County, Colorado Dear Mr. Wroblewski: 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.D "Home Occupations." • Section 23-3-40 "Uses by special review." Section 23-3-40.O "Home Business." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring the property into compliance: Since your Use by Special Review (USR-1465) was denied by the Board of County Commissioners, the Home Occupation process will allow you to maintain one commercial semi cab on your property. However, it has been brought to my attention by Michelle Martin, Planner, that you have not submitted a complete Home Occupation Application (CCN-040045). In order to complete your application, Mrs. Martin has indicated that a screening plan is necessary. 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. Mr.Wroblewski Page 2,VI-0300227 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, Bethany Zoning Compliance Officer pc: VI-0300227 CCN-040045 Michelle Martin, Planner Department of Planning Services Bruce Barker, County Attorney U.S. Postal Service,. o9 CERTIFIED MAIL, RECEIPT Q' (Domestic Mail Only;No Insurance Coverage Provided) Er F r.elivery inf rmati•n visit •ur we•co site at www.us•s.c m,,; ,.. r, i, s Y r, . rr Postage $ ru O Certified Feeark O O Return Redept Fee Pose (Endorsement Required) Here Restricted Delivery Fee (Endorsement emam Required) rR Tote)Postage&Fees m O Sent To o MR. DONALD WROBLEWSKI N $treat,Apt No.; or PO Box No. 19457 CR 8 VANTAGE ACRES City,State,ZIP+4 HUDSON CO 80642 PS Form 3800.June 2002 See Reverse for Instructions U.S. Postal Service.., CERTIFIED MAIL ., RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) F•r elivery inf•rmati nvisit•ur we site at www.us•s.c•m Er -as, rt4 it rt. fT C Postage $ N Certified Fee O Postmark Return Redept Fee (Endorsement Required) Here 0 (Endorsement Delivery Fee - rR Required)(EMtrsemeMe O Total Postage&Fees $ R Sent re m MR. JOE WROBLEWSKI M1 or rNo. 3161 VANTAGE DR. BANTAGE ACRES O State,D .4 ftJDSON, CO 80642 PS Form 3800.June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig turn item 4 N Restricted am Delivery on ed.re /?� � O Agent • Print your name and address on the reverse ( t Addressee so that we can return the card to you. B. Ived by(Printed ame) C. Date of Delivery • Attach this card to the back of the mallplece, �" U or on the front if space permits. s�P C✓i`o[I.p.til11 D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No MR JOE WR0BLEWSKI 3161 VANTAGE DRIVE VANTAGE ACRES HUDSON, CO 80642 3. Service Type 7 CertRied Mall O Express Mall ❑ Registered O Return Receipt for Merchandise k ❑ Insured Mail O C.O.D. ..g_ •^^ t 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7003 1010 0002 8989 1832 (Transfer from service label) PS Form 3811,August 2001 Domestic Retum Receipt 102595-02-M-1540 O f& Weld County Department of Wine. Planning Services Inspection Report COLORADO 918 10th St y Greeley, CO 80631 1 Date of Inspection: -�j•DL Permit/Case No.:\j u �ZZ Property Owner Name: wl( ,Q 6. 11yraid Address: ‘7.:)ktv p �J Upon a(visual)(on-site)inspection of the property listed above, the following items were noted: \ 1\--)0 �11 SILK Y\ ' aAts-L `k- U\I of Inspection by: Contact Name: 1 Contact Phone Number:970-353-6100,Ext.3555 Copy of this inspection was: Pictures taken during inspection: O Yes X.So f Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Mr. Donald Wroblewski Tenant: Mr. Joe Wroblewski Violation: VI-0300227 Address: 3161 Vantage Drive, Hudson, CO 80642 Legal: Lot 17, Vantage Acres, 1st Filing, Weld County, Colorado Location: North of and adjacent to CR 8 North: Agricultural Zoning with some residences South: Approximately 1 mile North of the Town limits of Lochbuie East: Approximately Y2 mile West of 1-76 and Town limits of Hudson West: Approximately 1 mile East of Sunny Acres, Froman Ranchettes, Green Acres Parcel Number: 1473-17-4-02-003 Acreage: 4.55 +/- (Acres) Certified mail date: October 12, 2004 Received: October 15, 2004 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-330.D, 23-3-40, 23-3-40.O and 23-3-40.R of the Weld County Code. REMEDY To bring the property into compliance the number of semi cabs and trailers shall be reduced to 1 (one) semi cab and a Home Occupation application shall be submitted and approved or all commercial vehicles shall be removed from the property. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office, but to delay action for 30 days to allow adequate time for the Home Occupation application to be completed and submitted to the Department of Planning Services for review. CASE HISTORY June 20, 2003 Initial complaint received. June 20, 2003 Initial inspection completed. September 25, 2003 Five day compliance encouragement letter issued. October 23, 2003 Violation letter issued. November 25, 2003 Violation letter re-issued. January 30, 2004 Use by Special Review (USR-1465) application completed and submitted to the Department of Planning Services. Mr.Wroblewski Page,2 VI-0300227 June 23, 2004 USR-1465 was denied by the Board of County Commissioners (Document# 20041795). August 24, 2004 Property inspected. Property remains in violation. October 12, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. November 1, 2004 Property inspected. Property remains in violation. OI i � Weld County Department of Planning Services Inspection Report COLORADO 918 10"'St Greeley, CO 80631 of Inspection: \ \- \ E —1 uUCaseNo.: \S" C ;( LL1 e rty Ownerr Name; �t ;Y-�j�t��i 'ess: �� A 3 L,' V im* . .4 Y . r a(visual)(on-site)inspection of the property listed above, the following items noted: °c` ' . L,w 1 , ction by: Contact Name:( J.\ 1\1\O(\ Let Phone Number: 970-353-6100,Ext.3555 of this inspection was: © ;xt `CIg Z;-pallns 'es taken during inspection: O Yes/No DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US W.CO.W ELD.CO.US I C E-mail Address: bsalzman@co.weld.co.us 918 10th Street, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3555 O Fax (970) 304-6498 COLORADO October 20, 2004 Mr. Joe Wroblewski 3161 Vantage Drive Vantage Acres Hudson, CO 80642 Subject: VI-0300227, Lot 17,Vantage Acres, 1st filing, Weld County, Colorado Dear Mr. Wroblewski: After our discussion Monday afternoon(October 18,2004), it is my understanding that you will be removing all semi trailers and only retain 1 (one) semi cab on your property. Therefore, please see the enclosed "Home Occupation"application. As you can tell it is much less intense then a Use by Special Review application. This application is necessary for the presence of a commercial vehicle as permitted through the"Home Occupation" definition of the Weld County Code. For questions, I would suggest that you speak to one of our"On-Call" Planners. We have to locations open to the public. Our main office is located at 918 10th Street, Greeley, Colorado. Where, we have an "on-call" planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00-4:00 p.m. Our other office (the Southwest Weld Office) is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m. -4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. As we discussed if the trailers have been removed and only 1 (one)semi cab(cab only)remains on the property at any given time and this Home Occupation application has been completed and submitted to the Department of Planning Services, the Violation Hearing previously scheduled for November 9, 2004 will be cancelled. Sincerely, Bethany Salzman Zoning Compliance Officer pc: VI-0300227 Department of Planning Services Bruce Barker, County Attorney a DEPARTMENT OF PLANNING SERVICES Code Compliance pliance Division WWW.CO.WELD.CO.US W.CO.W ELD.CO.US E-mail Address: bsalzman@co.weld.co.us "lig918 10th Street, Greeley, CO 80631 C Phone (970) 353-6100, Ext. 3555 Fax (970)304-6498 COLORADO October 12, 2004 Mr. Donald Wroblewski 19457 CR 8 Vantage Acres Hudson, CO 80642 Mr. Joe Wroblewski 3161 Vantage Drive Vantage Acres Hudson, CO 80642 Subject: VI-0300227, Lot 17, Vantage Acres, 1st filing, Weld County, Colorado Dear Mr. Wroblewski: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on November 9,2004,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.D "Home Occupations." Section 23-3-40 "Uses by special review." Section 23-3-40.O "Home Business." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring the property into compliance: Since the Board of County Commissioners denied your Use by Special Review application, the commercial vehicles shall be removed from the property. Should you choose to utilize the "Home Occupation" definition of the Weld County Code a "Certificate of Compliance"for a"Home Occupation"shall be completed and submitted to the Department of Planning Services. For your convenience, I have included an application. Otherwise, all commercial vehicles shall be removed from the property. This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center,915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Mr.Wroblewski Page 2,VI-0300227 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, S N ≥ c N P2 —y a a U ❑ 9 Bethany Salzman a a o r zZ Zoning Compliance Officer 0 o 0 D o � ti pc: VI-0300227 d o 2 Department of Planning Services • V .y i¢ a m Bruce Barker, County Attorney • O di2 U x dr �i ❑- i z 2 Ica d lc o .� I 7,g 8 U.S. Postal Service I- a t::, „`d. CI �/d a a W CERTIFIED MAIL RECEIPT L E rn (Domestic Mail Only; No Insurance Coverage Provided), .m ¢ H t r i ❑ ❑ ¢ o v d X rti o f > co c in S IS cc N o O m O ru Postage $O CD CO 0 t y O m `m v O 0 Certified Fee g �' cV Postmark 2 E = E in Return Receipt Fee Here - U 2 >. ru (Endorsement Required) N C C C« O LO ID O Restricted O (EndorsementlRequired) V)ivery Fee ni w N re s tz E raj N O^ V) [� Z'd U U E NTotal Postage 8 Fees $ m m O O a sr rc uT Recipient's Name (Please Print Clearly)(To be completed by mailer) ti w❑a = • O. W' co o MR. DONALD WROBLEWSKI J o ta m . y •o 3 .0 m Street,Apt No.;or PO Sox No. ▪ m Ti N Er- E "o"- -0 A ca O m Q o O 19457 CR & m <= U x O z n e T O City,State,ZIP+d U .0 Q 3'5 m a § o co N HUDSON. CO 80642 m= o r a A r o z w cO ▪ a v >Ca 5 c s In to 2 r E EEc-Sao u • '4A r 6 Z Uma` ,oa¢ `o o` y 'tt LL III • N a • a DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US W.CO.W ELD.CO.US E-mail Address: bsalzman@co.weld.co.us C I 918 10th Street, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3555 3 O Fax (970) 304-6498 COLORADO September 20, 2004 Mr. Joe Wroblewski 3161 Vantage Drive Vantage Acres • Hudson, CO 80642 Subject: VI-0300227, Lot 17, Vantage Acres, tat filing, Weld County, Colorado Dear Mr. Wroblewski: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on October 12,2004,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.D "Home Occupations." Section 23-3-40 "Uses by special review." Section 23-3-40.O "Home Business." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring the property into compliance: Since the Board of County Commissioners denied your Use by Special Review application, the commercial vehicles shall be removed from the property. Should you choose to utilize the "Home Occupation" definition of the Weld County Code a "Certificate of Compliance"for a"Home Occupation"shall be completed and submitted to the Department of Planning Services. For your convenience, I have included an application. Otherwise, all commercial vehicles shall be removed from the property. 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. Mr.Wroblewski Page 2,VI-0300227 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, Bethany Salzman Zoning Compliance Officer pc: VI-0300227 Department of Planning Services Bruce Barker, County Attorney u.s. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) 7IMIMINSIMIIIMIII7 0' O Postage $ O Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) fU in Restricted Delivery Fee O (Endorsement Required) Total Postage&Fees ru u'1 Recipient's Name (Please Print Clearly)(To be completed by mailer) o MR. JOE WR0BLEWSKI o Street,Apt.No.;or PO Box No. 316.L_VAKT_AGE_D I.S.E 'Cit,State,ZIP+4 r- HUDSON, CO 80642 \M-zip Weld County Referral January 29, 2004 O COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Donald Wroblewski Case Number USR-1465 Please Reply By February 27, 2004 Planner Jacqueline Hatch Project Site Specific Development Plan and Special Review Permit for a use permitted as a Use by Special Review, (Home Business, parking of one truck and trailer) in the A(Agricultural)Zone District. Legal Lot 17 of Vantage Acres #1; part of the SE4 of Section 17, Ti N, R65W of the 6th I P.M., Weld County, Colorado. Location West of and adjacent to Vantage Road; approximately 1/4 mile west of CR 41; approximately 1/4 mile north of CR 8. Parcel Number 1471 29 • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) April 20, 2004 O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan O We have reviewed the request and find no conflicts with our interests. t . See attached letter. Comments: P' . tea. L •,-a Signature t Date 5 lz_0,4 Agency 7�-�;t �.L�(U. ��1 arleR +Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax MEMORANDUM WL`Dc. COLORADO To: Jacqueline Hatch, Planner March 12, 2004 From: Bethany Salzman, Zoning Compliance Officer Subject: USR-1465 Referral Upon review of my computer and files,an active Zoning Violation was noted (VI-0300227). This violation was initiated as a result of a commercial trucking operation located on the property without the proper zoning permits. This case has not been presented to the Board of County Commissioners through the Violation - Hearing process as of yet. Because the commercial vehicles in question are semis,this Use by Special Review application was required for a "Home Business". Therefore, if the Use by Special Review is approved and once the plat has been recorded, the violation (VI-0300227)will be closed. If the Use by Special Review application is denied by the Board of County Commissioners, a reasonable time frame will be established prior to the continuance of the violation process. cc: VI-0300227 SERVICE,TEAMWORK,INTEGRITY,QUALITY SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number n r _ n n_ - �( - r ,171 (12 digit number-found on `Tax I.D.information, obtainable at the Weld County Assessor's Office,• or www.co.weld.co.us). Legal Descriptionv Al LI1 VQn{gl(fen(�[� I , Section! 7, Township I North, Rangel West �.1 Flood Plain:W II) hLZone District: , p , Total Acreage:11, _ , Overlay District: — Geological Hazard: FEE OWNER(S)� � OF THE PROPERTY: - \ Name: e-1 aid 1.. r-ttlt°U.. K1 Work Pho - `. - • Home Phone# 3^91 53(p-LJQFjEmail Address Address: 11 51 C ('OK City/State/Zip Code I—•ja n ('0) SSO(.e E R Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name:jCt I ft num 10m leu)6 I Work Phone - c. ,Home Phone#, R-ei31p-11/[./ejEmail Address Address:C')IIQ1 (L Lttl t° r. � � City/State/ZipCode I•--jr�jn (l D(0 PROPOSED USE: rt+( K 'Palk (2 'r fk 6Iicr) I dn I (We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -5- Use by Special Review Application Joe and Tammy Wroblewski Questionnaire 1. Proposed Land Use: Residence, keeping livestock and truck parking. The proposed use of this property is a residential home, the parking of our truck with a shop where we will be doing light maintenance of our equipment. We will not be doing maintenance for hire. The shop will be for the maintenance of our equipment only. The need for this special permit is so we can live and park our equipment in one location giving us ready access. We own expensive equipment and tools that are safe guarded by being at our residence. 2. Existing Use: The existing use of the 4.55 acre parcel is residence and keeping of livestock. We plant grazing grass on the largest portion of the land protecting it from erosion and allowing our horses to graze on the grass, keeping it consistent with the Weld County Comprehensive Plan. 3. The proposed use is consistent with the intent of the Weld County Zoning Ordinance and the zone district. We are not changing the land usage. We are parking our work vehicles at our residence while retaining the majority of the land as agricultural property. 4. The surrounding properties are fields and fields with residences. Our proposed use of the property will be consistent and compatible with the surrounding land because it will have no impact on the surrounding properties. The majority of it will still be open field with an area for the keeping of our horses, residence and shop being a small portion of the total parcel. Our Truck will not increase the traffic or noise on these county roads, because they are heavily traveled all day by other semi trucks. 5. a. There will be three people living on the property, two of which are owners. b. There are zero employees proposed at this site. We own and operate our own truck and 99% of the work is done off site. c. We will get into our truck and leave the property until our shift is over. There are no hours of operation at this facility. d. The structures on this site consist of a residence, multiple agricultural buildings such as, loafing sheds, and garden sheds. The structure to be built will be a shop. e. The types if animals on the site consist of 3 horses, 2 dogs and any 4-H animals our child may choose in the future. f. The vehicles accessing this site will be personal cars and pickups along with one semi-tractor and trailer, weighing an average 45,000 tbs. with an average length of 75 feet. We would also like permission to have two additonal trucks and trailers if the need arises. We do have family that drives trucks for a living and they occasionally stop and stay a night. g. The type of fire protection will be the Hudson fire district. Fire extinguishers will be located in the residence, shop, and each truck. h. The type of water source on our property is a domestic well required for our residence. The sewage disposal system consists of a septic tank, which is required for the residence. We do not have the septic permit as of yet, as it was installed before 1973. We have filled out the statement of existing septic system paperwork. j. N/A—There will be no storage or warehousing (stock piling) on the site. 6. The landscaping on site is congruous with the area and the majority of the property in grass and standard landscaping around the residence. We will also bring in rock to harden the road entry and the area where we will park our truck. 7. N/A—The property will be used for a residence and truck parking, there will be no reclamation procedures on this site. 8. Storm water drainage will be handled as with most personal residences. 9. The construction of our shop will take approximately 6 months from the date of our special review approval. 10. N/A—There will be no storage or stockpiling of wastes on this site. DEPARTMENT OF PLANNING SERVICES Code Compliance Division ' Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555 • Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE November 25, 2003 Mr. Donald Wroblewski 19457CR8 Vantage Acres - Hudson, CO 80642 Mr. Joe Wroblewski 3161 Vantage Drive Vantage Acres Hudson, CO 80642 Subject: VI-0300227, Lot 17, Vantage Acres, 1st filing, Weld County, Colorado • Dear Mr. Wroblewski: 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.D "Home Occupations." Section 23-3-40 "Uses by special review." Section 23-3-40.O "Home Business." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts,provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring your property into compliance with the Weld County Code: Please see the attached page explaining the difference between a "Home Occupation" and a "Home Business". The "Home Business" requires a Use by Special Review application being completed and submitted to the Department of Planning Services. To see what options are available to you, I would recommend that you speak to one of our"On-Call"Planners. We have to locations open to the public. Our main office is located at 1555 N. 17th Avenue, Greeley, Colorado. Where,we have an"on-call"planner,Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00-4:00 p.m. Our other office(the Southwest Weld Office)is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m.-4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. Mr. Wroblewski Page 2, VI-0300227 It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have 60 (sixty) days from November 25, 2003, 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, cThlnet-cxJ00674TYIATh Bethany Salzman Zoning Compliance Officer pc: VI-0300227 Department of Planning Services Bruce Barker, County Attorney HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein. b. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof. Ordinarily, a HOME BUSINESS shall not be interpreted to include the following: clinic, • HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuary and organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment of the resident therein, where: a. Such USE is conducted entirely within a PRINCIPAL DWELLING UNIT (excluding accessory parking of a single vehicle) and carried on by the residents thereof and no others. b. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling purposes and shall not change the character thereof. c. The total area USED inside the DWELLING UNIT for such purposes does not exceed three hundred (300) square feet. d. There is no advertising or other indication of the HOME OCCUPATION on the LOT or any STRUCTURE located on or ADJACENT to the LOT, with the exception that one (1) nameplate shall be allowed which may display the name of the occupant and/or the name of the HOME OCCUPATION where such nameplate does not exceed one (1) square foot in area, shall be nonilluminated and attached flat to the main STRUCTURE or visible through a window. e. There is no exterior storage, display or sales of materials, goods, supplies or equipment related to the operation neither of such HOME OCCUPATION nor of any highly explosive or combustible materials. f. There is no offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference or other hazard or nuisance noticeable off the LOT. g. A home occupation not located within an approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling subdivisions may include accessory parking of a single vehicle which must be primarily associated with a permitted home occupation. One (1) car, truck, delivery van, semi-tractor and/or trailer, dump truck or similar type vehicle may be included. This is not intended to include excavation equipment, cement mixers, heavy equipment or similar types of generally unlicensed vehicles or equipment. When parked on the site, the vehicle associated with the home occupation must be reasonably concealed and appropriately screened from all adjacent properties and public rights-of-way. Ordinarily, a HOME OCCUPATION shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuary, vehicle or boat repair(including painting), and organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). • Wil DEPARTMENT OF PLANNING SERVICES Code Compliance Division De Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us COLORADO 1555 N. 17th Avenue; Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE October 23, 2003 Mr. Donald Wroblewski 19457 CR 8 Hudson, CO 80642 Subject: VI-0300227, Lot 17, Vantage Acres, 1s`Filing, Weld County, Colorado Dear Mr. Wroblewski: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 23, Article Ill, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by special review." Section 23-3-40.O "Home Business." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring your property into compliance with the Weld County Code: As we have previously discussed, semi trailers, tractors and cabs are considered to be "Commercial Vehicles" and subsequently are not an allowed use within the boundaries of a subdivision, such as Vantage Acres, unless they can qualify under a"Home Business"through a Use by Special Review permit. Therefore, all"Commercial Vehicles"shall be removed from the property or a Use by Special Review application shall be completed and submitted to the Department of Planning Services. For questions, I would suggest that you speak to one of our "On-Call" Planners. We have to locations open to the public. Our main office is located at 1555 N. 17th Avenue, 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 sign in basis. To better serve you, please bring this letter with you. Mr.&Mrs.Wroblewski Page 2,VI.0300227 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 (thin October 23, 2003, 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 theviolat on 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 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 schedule ons appointment so that I may reserve a sufficient amount of time with you. personally, please call to an Sincerely, r- TIC-esOCI\rr Bethany Salzma�an Zoning Compliance Officer pc: VI-0300227 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 1555 N. 17th Avenue, Greeley, CO 80631 C. Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 COLORADO September 25, 2003 Mr. Donald Wroblewski 19457 CR 8 Hudson, CO 80642 Subject: VI-0300227, Lot 17,Vantage Acres, 1s` Filing, Weld County, Colorado Dear Mr. Wroblewski: It has come to the attention of the Department of Planning Services' staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance with the Weld County Code is the presence of a commercial trucking operation. As we have discussed in the past (regarding another property),semi trailer,tractors and cabs are not an allowed use within the boundaries of a subdivision, such as Vantage Acres. To bring the property into compliance, a Use by Special Review shall be completed and submitted to the Department of Planning Services if the business can be converted to fall within the boundaries of the definition of a "Home Business" (please see attached); otherwise all semi's tractors, trailers and cabs shall be removed from the property. Please contact me within five working days of the date of this letter to review these concerns with me. Failure to close this violation or efforts to show progress,will result in a thirty-day violation notice being issued. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally,please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, e3at-Yektiglikcy-01/4._ • Bethany Salzman Zoning Compliance Officer pc: VI-0300227 Department of Planning Services SERVICE.TEAMWORK,INTEGRITY,QUALITY HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein. b. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof. Ordinarily, a HOME BUSINESS shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuary and organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). 1 1..V1 i '1�E�'t' t . {i :t't1n I • _+,. =L �+- .. u" '" ,`:�`' 'FF ':," F!F≤ X :` s F t Permit N: jVI 0300227 Address:13161 VANTAGE DR VAN APPLICANT: OBLEWSKI DONALD s., f: '' : ,.:.' Status. COMPLNT ..,..,:,,,t.:-.E7,71..::.i,:::,,14:i:i.,4:..7,,i,t.,:.!.,.....:,;.i7.,::.:i,,ii. �. ... ...� - Date. 108/26/2003 _ .. ,:: :.... .:_, e.- k��' �.�; ��: `�`'C'rrrx�_•':.•s-,.'F��,:>��,f��.''.'";'li» . ,:�; : Iflgal ® t � I 1 1 ':. - Desc0'11 ScT leopte hoc Cad LlH1N Insp Aogpr, Lac Reis c . Dace Infarnsatron : ?c., ;" .'. '�',...:::„.:::::.:1„ ;:, :',..` .., update Exit Back :3 ti Otte } :.,....,,,:::..,.-:.,,,„-,.-,:.:,:...:;,.., :..,:..:, .•,,....4.,,,.,..„..,.,..!:.,....,.........,, , :'''''''::..' ' `' Parcels ';Parcel No: Itd73-17-4-02-Q03 „ 4. Owner. 1�NRQBLEWSY.I DONALD J .":-:: 4'-=''.'•i'-' �" Status: I CO M PLN T 1-1 Wr ten By E,IS c: Ssc/Tt n,Rri ;)17 0165 Description: IConwnerciai Trucking Operation r Location: 119457 CR 8 HUDSON :: '`• _ :',..;.:''•"' Zoning Dist: ist �AGRI Inspector Area V2 Pear plum: I itC °•S!' ' ,'u 11- R• `: - •=F ° App Type IVf -'7-1 _I IBC1f=BlDNG VIQ,VI7ZONiNG VIQ,WGV=WELD ViQ"bcv+vi•J 3`I r....._. ..........rK.�.. - : ,:`(•P•F'. e,,_-.,-.i•-,--,::;:,.::.••-:...7-:. Class Code. 6 ,,,..,..::%:,.„„ ;_.......,z==:y:.:r.:.�r:'»:c::a�tC.s..rt�..,,y F.=. _.wiri: ; IBUSINESS Complaint J06/20/2003 Init. BJS NO VI: I_•_•-!,_•-! ___ II* �:. . ' 5 Day Letter: 09/25/2003 Ink BJS IssuedF-7-7----.Inspection: -/ .1... .. 'nit In it: • BCCVio: 106/20/2003 Ind: BJS • :..:. Court 1-1-1 Ir�it ::: ...:: ..,•• Closed BCV: f ! • init. —...1— Iiflt • •. . . ... ':1,..-...,;••,,•,:-.., .. • Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R6391786 Pa rcel#: 147317402003 Tax Area: 2214 ^ GGL�yj Bordering County: . � Acres: 4.55 /) I Township Range Section Quart. Sec. Subdivison Name Block#Lot# 01 - 65 - 17 -4 VANTAGE ACRES #1 - - 17 Owners Name &Address: Property Address: WROBLEWSKI DONALD 3 Street: 3161 VANTAGE DR HUDSON 19457 WELD COUNTY ROAD 8 City: HUDSON HUDSON,CO 80642 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 10/12/1998 $92,000 WD 2646800 Legal Description VA-17 L17 VANTAGE ACRES #1 %3161 VANTAGE DR%SITUS: 3161 VANTAGE DR HUDSON 80642 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 4.55 Land Subtotal: 4.55 $63,313 $5,040 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed value 1 Residential 2 Out Building Improvements Subtotal: $142,932 $11,380 Total Property Value $206,245 $16,420 Building Details Account#: R6391786 Parcel#: 147317402003 Owners Name &Address: Property Address: WROBLEWSKI DONALD 3 Street: 3161 VANTAGE DR HUDSON 19457 WELD COUNTY ROAD 8 City: HUDSON HUDSON, CO 80642 Building# Property Type 1 Residential Individual Built As Detail Built As: Split Level Year Built: 1967 Exterior: Frame Hardboard HVAC: Forced Air http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14731... 06/25/2003 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1548 # of Baths: 1 Roof Type: #of Bdrms: Roof Cover: Composition Shingle #of Stories: 1 Rooms: Units: 0 Garage: Attached SQ Ft: 540 Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R6391786 Parcel#: 147317402003 Owners Name &Address: Property Address: WROBLEWSKI DONALD 1 Street: 3161 VANTAGE DR HUDSON 19457 WELD COUNTY ROAD 8 City: HUDSON HUDSON, CO 80642 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1968 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.memck.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14731... 06/25/2003 I i� Parcel Table Maintenance « � ', Fri "`,..3‘,.,„,,„...„..,,,:-/-1-4-a;-..t7.5...." v 5. • t --I 'be w—.- ,t 3 LET i,J , IP / wife -fi.. jr ,650117 ( r �1 it. "F' r i s 111 _.3` a _ k "t�atr i� L ed 1iit lalf-_. ix,., U r ^: *j VAN F P> 4 _Ai[[ e� ® VANTAGE DR �;, 9 : ' 3"§.-Pp T p t ax t i itz »1 � �'r�l .a 31 1 V•NT•GE � ' HU�5 _at p'�PR^^ i t. l'4, '^1�111i6e'Ii-•ii Dfl,ilyl lit !+ _n! N , fl ",1 WROBLEWSKI DONALD J VA 17 L17VANTAGE ACRES St1 %3161 VANTAGE ' 2c?--`119457 WELD COUNTY ROAD 8 UDR o SITUS.3161 VANTAGE DR HUDSON 80642 cHUDSDNCO ` 3 r` ila ,1 1t- nl 71:r DEPARTMENT OF PLANNING SERVICES wine Code Compliance Division 918 Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: XZONING CODE COMPLAINT 0 Staff/Name: X Citizen 0 Other: ❑ 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: "o^f d2? Pending Case#(i.e.USR,RE, SE,ect...): Legal Description: Parcel#: Wier \,—L�Data Violation Address: g1t01, Property Owners Name: 1/CC)` ` *sQ, .Oral Phone: Property Owners Address: Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: Cringnig earn \ CUCLk 1\9 u) 0U pAPart.:3 Additional Notes: a rlitt ;;:ss) DEPARTMENT OF PLANNING SERVICES I C Code Compliance Division 11 I 918 10'" Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: y� tom= ZONING CODE COMPLAINT 0 Staff/Name: X Citizen 0 Other: • HEALTH DEPARTMENT Citizen's Name(If known): • WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): • BUILDING CODE COMPLAINT • PUBLIC WORKS/PEST&WEEDS Date Complaint was received: C;. Pending Case#(i.e. USR,RE, SE,ect...): t Legal Description:1' Ems` ri,\ 1;: ,. -k(r \isvg\,:o g Parcel#: iOn'r'" ^°C�'" .. a-° ""`,, ,„'�°` q f {/Park Violation Address: ?),1,Lott, `7 1_Th4�, ,`... .At;"kr�'`�r F `;,-e4'.�:i '3��„�mhf.• ��. Property Owners Name: _'h iSin . '.BIt ` ,.. d k, Phone: Property Owners Address: C Q 0S_ PkN i. lA?A:, r n s ( r t`> ts' c , fi Tenant's Name: ten .�ft�_.I ., nl 7. arie.+ Phone: Tenant's Address: NATURE OF COMPLAINT:: " u+�q'` f a` fc'4 (np+ -, % Additional Notes: 11111111111111111111111111111IIII IIIIII III11111IIII IIII fCOO 2646800 10/14/1998 03:25P Weld County CO 1 of 1 R 6.00 D 9.20 JR Suki Tsukamoto WARRANTY DEED THIS DEED, Made this 12th day of October, 1998 between Clifford Davis, Jr. of the County of Weld and State-of Colorado; grantor, and Donald J. Wroblewski whose legal address is 19457 WCR 8, Hudson, Colorado 80642 of the County of Weld and State of Colorado, grantees: WITNESSETN, That the grantor for and in consideration of the sum of NINETY TWO THOUSAND AND 00/100, (892,000.00) Dollars, 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 real property,_ together with improvements, if any, eituate,lying.and. being in the County of Weld and State of Colorado, described as follows: Lot 17, Vantage Acres No. 1, County of Weld, State of Colorado. i;. v.also known by street and number as 3161 Vantage Drive, Hudson, Colorado 80642 �"Or. ngg, with all and singular the hereditanents and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and ^�) remainders, rents, issues and profits thereof, and all the estate, right, title, 4 interest, claim and demand whatsoever of the grantor, either in law or equity, of in '-`\' and to the above bargained premises, with the hereditament, 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, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ling end delivery of these presents, he is well seised of the praises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the sae in manner and fors as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1998 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained praises in the quiet and peaceable po ion 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 WITNESS WHEREOF the grantor has executed this deed on the/date d\ set forth above. Jy Cl if£ 'Davis, Jr. STATE OF COLORADO ) ) se. The foregoing instrument was acknowledged before County of Weld ) me this 12th day of October, 1998 by Clifford Davie, Jr. 01 PUG'" aF .. Witness my hand and official seal. I MELINDA My commission expires 10-17-98 i, 9AESSLER /^/ • Y \1 NOTARY PUBLIC vv 15 South 4th Avenue No. 932A. Rev. 7-84 Brighton, COLORADO 80601 1 1 �, ct � re — Hudson Ii U I / CR10 i / V1-0400005 v F Ferry j/ — I ,i 4I4 f ""' ��= - Wroblewski VI-0300227 11VII1T . / . 0400325 Wroblewski 4 • a r *„,-.__ ` •�i� 7` 4• t0 '.�$ St: :, ` ' �7' - Fee 2 n .., tell i LL L. } 1 . �� y13 ' x`' f y 1 J t ♦ -'tom ••‘ ii.T / 1 f' + _ - 1 7fpy '� el /1 } '•“•-- 1 r 'e... Si_ .. 0 �„ ---- ®� I MAR-C4-2005 FRI 02_51 RI WELD CO GOVT FAX NO, 9703520242 P. Di HEARING CERTIFICATION DOCKET NO. 2004-52.8 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1465 FOR A IN THE A (AGRICULTURAL)E BUSINESS ZONE DISTRICT B RICT - DONALD WR LEWSKI, CIO J E AND • TAMMY WROBLEWSKI A public hearing was conducted an August 4, 2004, at 10:00 a.m.,with the following present: Commissioner Robert D. Malden, Chair Commissioner William H. Jerks, Pro-Tam Commissioner M. J. Gelle Commissioner David E. Long Commissioner Glenn Vaad Also present; Acting Clerk to the Board, Esther Geslck Assistant County Attorney, Lee Morrison Planning Department representative, Jacqueline Hatch Health Department representative. Char Davis Public Works representative, Donald Carrel The following business was transacted: I hereby certify that pursuant to a notice dated June 11,2004,and duly published June 16,2004,in the Fort Lupton Press,a public hearing was conducted on June 23,2004,to consider the request of Donald Wroblewski,c/c Joe and Tammy Wroblewski,for a Site Specific Development Plan and Use by Special Review Permit#1465 for a Home Business(parking of trucks and trailers)in the A(Agriculturel)ZoneDistrict. At said hearing Jacqueline Hatch,Department of Planning Services, stated due to a publication error, a corrected notice was published for a hearing to be held on July 14, 2004,therefore,the Board deemed it advisable to continue the matter to that date. On July 14,2004,at the request of the applicants,the Board deemed It advisable to continue the matter to August 4.2004,to allow the applicants the opportunity to have a hearing before a full quorum of the Board. At said hearing Lee Morrison,Assistant County Attorney,made this a matter of record. Ms.Hatch presented a brief summary of the proposal and entered the favorable recommendation of tne Planning Commission into the record as written. She stated the applicant will be allowed no more than three trucks and three trailers, and there will be no employees. She gave a brief description of the location of the site,which is located within the Vantage Acres Subdivision,and she described the surrounding land uses, Ms.Hatch stated 12 referral agencies reviewed this proposal, seven responded with comments that have been addressed In the Conditions of Approval and Development Standards,and one indicated no concern. She stated staff received no comments from the City of Brighton,Town of Hudson,Town of Lochbuie,or the Hudson Fire Protection District. They did receive three letters from surrounding property owners expressing concern regarding increased traffic hazards,dust,and noise. She stated the property owners are currently in violation for operating a business without the appropriate permits. if this request is denied,the violation process will continue and the property owners will be required to remove any additional trucks or traonriers the site, an nd sdahe explais. In nedstheorequ stsfoorrer three trucks would allow s,Ms.Hatch d there will be no the applicant to have 2004-2045 PL1721 cc : /24.1 Pw, elk CEO ors SSE = EXHIBIT C-0.s OO�7t? MAR-C4-2005 FRI 02:52 FM WELD CO GOVT FAX NO. 9703520242 r, 92 HEARING CERTIFICATION-DONALD WRCBLEWSKI,C/O JOE AND TAMMY WROBLEWSKi (U SR#1465) PAGE 2 relatives, who also drive semi trucks, to visit without being in violation. In response to Commissioner Jerks, Ms. Hatch stated Vantage Acres is an older subdivision that is zoned agricultural, and there are no longer any covenants. Responding to Chair Masden, Ms. Hatch estimated there are approximately 32 lots in the Subdivision,and there Is a Use by Special Review Permit for a kennel in the area. Char Davis,Department of Public Health and Environment,stated there will be no employees,water is provided by a domestic well that has been property permitted,and the home is connected to a septic system. She stated there is a Condition of Approval that requires the applicant to submit a Dust Abatement Plan for the driveway, and the noise level cannot exceed 50 to 5operation5 decibels. to l Responding to Chair Masden, Ms. Davis stated State statute restricts this type daylight business hours since it is In a residential area. Donald Carroll,Department of Public Works,stated Vantage Acres is a rural subdivision,and the Internal gravel roads are maintained by Weld County. He verified,at the request of the Planning Commission,that the Subdivision has signs posted in the proper locations. Mr.Carroll stated based on testimony provided at the Planning Commission hearing regarding dust on Vantage Drive,staff • requesting dust control from the applicant's driveway to Weld County Road 8, as indicated in his memorandum,marked Exhibit O. He further stated no staging or parking of vehicles will be allowed on Vantage Drive. Joe Wroblewski, applicant, submitted letters of support from some of his neighbors, marked Exhibits R,S,andT,expressing no concern with the application request or dust issues. He stated he transports heavy equipment on a lowboy trailer,therefore,he very seldom hauls stuff home. He stated he does not haul any hazardous materials,and will not fuel trucks at the site. Responding to Commissioner Long,Mr.Wroblewski stated his relatives are seldom there,and they do not haul hazardous materials. He explained he requested a limit of three to accommodate the instances when his family visits. He stated his truck will be parked in the shop,and the only maintenance work to be done on the site is changing tires because he takes his truck in to be serviced. Commissioner Gelle stated item 44 of the application indicates a shop will be constructed in addition to the existing structures. Responding to Chair Masden,Ms. Davis stated the application indicates the shop will be used primarily for parking and light maintenance,and there are several Development Standards that stipulate no liquid wastes are to be stored on the site. Doug Wilch,surrounding property owner,stated a commercial trucking operation is not appropriate for this residential neighborhood. He stated there are 68 residences in the Subdivision, and 90 residences within one mile of the site,and he displayed photographs of some of the homes. Mr. Witch stated Vantage Acres was developed in the 1960's:however,the homes have been updated and maintained,and there has been some new construction as recent as 2000 and 2002. He stated the residents enjoy working and playing on their properties, and there is room for recreational vehicles, agricultural activities, animals, etc. He further slated the residents use the roads for walking and horseback riding,and he expressed concern wit large trucks generating noise,odor. and dust,and damaging the roads, He also expressed concern regarding the possible contents that may be hauled into the area,as well as contamination to the groundwater caused by oil changes and washing the trucks. Mr.Witch stated there are no other Use by Special Review Permits in the Subdivision,and he reviewed various other requests in the pastthatwere withdrawn or denied. He 2004-2045 PL1721 rltU!-U4-CUUb MI UC:O i Crt WCLU LA) Ut.P/1 r th .YU. U(UXCUC4C HEARING CERTIFICATION- DONALD WROBLEWSKI, O1O JOE AND TAMMY WROBLEWSKI (USFS#1465) PAGE 3 stated in each of those instances there has been a history of area residents opposing commercial ventures in the area. He stated approval of this request will open the door for others with similar requests. In response to Commissioner Geile, Mr. Witch stated there is no Homeowners' Association, and the original Covenants expired in 1994 and were not renewed. Responding to Commissioner Jerke, Mr. Witch stated the lots range from three to ten acres in size. Len Pettinger,surrounding property owner,stated he has lived on the farm west of Vantage Acres since 1948. He stated the area has been developed as the roads were completed. He commented the applicant only uses a short portion of Vantage Drive end does not affect most of the residents in the Subdivision. He stated current and future residents should be able to make a living on their property. Mary Phalan,surrounding property owner,stated although she is not opposed to the operation,she expressed concern with decreased properly values. Richard Powers,surrounding property owner,stated the applicant drives past five homes,and he does drive slowly so he does not create dust.He stated most of the dust is created by residents in vehicles, and he has lived there since 1968. Pam Smith, surrounding property owner, stated the petition that was circulated indicated there would be 20 trucks operating from the site,which resulted in more signatures. She stated property values cannot be determined by one neighboring property,and it is unfair of neighbors to impose on the livelihood of others. In response to Commissioner Geile,Ms.Smith indicated the location of her property, and she stated she owns 15 acres adjacent to Mr. Wroblewski's property. Reid Graves,surrounding property owner,stated it would be totally inappropriate to industrialize this area, and he expressed concern that despite this permit,the operation would not be limited. Ray Joachim,surrounding property owner,stated he recently Invested in a newer home in the area. He stated he used to be a neighbor of the applicant's father who owns ten acres on Weld County Road 8. He stated at one time Donald Wroblewski parked 20 tractor trailers on his property; however,they have not been there for a year. He stated the trucks did not bother him; however, several months ago a realtor commented on the potential difficulty of selling his property with a trucking operation located next door. Mr.Joachim stated his primary concern is setting a precedent for allowing other commercial ventures in the area. Dave Lavanway, surrounding property owner, stated the business operators live on the site; however, the property owner is Donald Wroblewski, and he does not live there, Mr. Lavanway stated he has seen trucks coming and going throughout the day,and he questioned how fluids caused by maintenance, such as oil and antifreeze,wilt be removed from the site. He displayed photographs taken in 2003 showing oil spilled on the roads,and he expressed concern with large trucks being allowed in the area. He stated when he called in a complaint regarding the spilled oil, the Environmental Health Division Indicated it would be unable to do very much. He displayee other photos, marked Exhibit V,and stated he does not want the clutter to ruin the neighborhood. Mr. Lavanway clarified he circulated the petition,end at no time did he indicate there would be 20 to 50 trucks as a result of this request In response to CommissiorerGeile,Mr.Lavanway stated it takes 2004-2045 PL1721 MAR-U4-20U5 FR1 U2:54 FM WELD GO GUN; FHA NU. U/UJbaleAe r, J4 HEARING CERTIFICATION - DONALD WROBLEWSKI. CIO JOE AND TAMMY WROBLEWSKI (USR#1465) PAGE 4 100 percent of the residents to reinstate a Homeowners'Associadon,and there was a minority that did not agree to renewing the Cover ants. Kathleen Joachim,surrounding property owner,stated she was not aware they could reestablish a Homeowners' Association. She stated they purchased their property from her parents and invested in pursuing limited agricultural uses. She stated she does not want to hinder the applicants'livelihood;however,she does not want a trucking operation to hinder her property values. She expressed concern that approving this request use will set a precedent. Ms.Joachim stated they own three parcels and want to protect their investment. Barbara Perkinson,surrounding property owner,stated she concurs with the previous comments of opposition,end she has been adversely affected by the dust caused from large trucks in the area. She stated the applicant's Ignorance regarding the permitting process is not an excuse to allow the operation to continue. She stated it would have been better ifthe applicant had asked some of his neighbors prior to commencing with the business. Ms.Parkinson stated Mr.Wroblewski is not the only person who drives trucks in the area;however,she purchased her property in 1966,and she expressed concern with allowing trucks that create a hazard to area residents. Jim Bea uregard,surrounding property owner,stated the applicant is a very courteous truck driver, and he is more concerned with the regular vehicles that speed through the area. He stated the applicant's trucks must pass an inspection or he is not allowed to drive, unlike most vehicles in Weld County that are not required to pass an emissions test. He stated there are many other violations in the area,and the applicant should be treated equally. He further stated the semi trucks are not much louder than most diesel pickups. Damaris Gasperovich,surrounding property owner,stated she has lived in the area for 13 years. She stated there are other residents that own and park their truck overnight, but this request is different because it will allow him to house his family and their trucks like a truck stop. Mr.Wroblewski stated he does not change the oil on his property;he takes his truck to the shop for maintenance. He clarified his relatives live a long ways away and only visit twice a year. In response to Commissioners Gelle and Vaad, Mr.Wroblewski stated Donald Wroblewski is his father and he owns the property,and if this request is denied he will have to find an alternate location to park his trucks which could result in theft. Responding to Commissioner Celle, Mr. Morrison stated the application is signed by Donald Wroblewski which authorizes Joe and Tammy Wroblewski to act as his authorized representative. Mr.Wroblewski stated he was not aware he needed a formal lease. Mr. Morrison concurred that often family members are not bound by a formal document. Responding further to Commissioner Geile,Mr.Morrison stated if there were a violation, all three persons would be responsible. Ms. Hatch stated Development Standard#28 prohibits this Use by Special Review from being transferred, Responding to Chair Masden, Mr. Wroblewski stated he has reviewed and concurs with the Conditions of Approval and Development Standards as proposed. In response to Commissioner Wad,Ma,Hatch indicated the Subdivision boundary,and stated one truck and one trailer Is allowed as a Use by Right In the Agricultural Zone District. She verified there Is no other trucking-related Use by Special Review permits in the area;however.there is a Use by 2004-2046 PL1721 ClfK-U4'UUO it! WV! flu ;VU, 71UJOCUC4C r, JU HEARING CERTIFICATION- DONALD WROBLEWSKI, C/O JOE AND TAMMY WROBLEWSKI (USR#1465) PAGE 5 Spedai Review Permitfora kennel operation. Responding to Chair Masden,Mr.Wroblewskistated the five residences he drives past are not concerned with dust. He requested the proposed language from the Department of Public Works be waived in the event he can provide a letter signed by all five residents indicating dust is not a problem. Commissioner Vaad commented this use will generate a small number of trips, dust control would only benefit a few residents that are not opposed, and staffs request is beyond the County's general practices. Commissioner Long concurred and stated it appears to be overbearing. The Board concurred that the language should not be added- Commissioner Jerks commented there have been instances in the City of Greeley where taxes and assessments were charged for projects and it is unlikely that 100 percent of the property owners agreed, He questioned why 100 percent of the residents must agree to establish a Homeowners'Association in Weld County. In response to Commissioner Jerke, Mr Morison stated the projects in Greeley were allowed without the full consent of the property owners based on Charter or State statute authority;however,Covenants are a private arrangement. He stated it does not necessarily require 100 percentagreement to establish Covenants;however,you cannot enforce restrictions upon those who have not signed an agreement. In response to Commissioner Geile,Ms.Davis stated Development Standard#16 will protect the County if there were to be a problem with the storage of hazardous materials on the site;however, but she does not expect more chemicals than what Is found in most household garages. She further stated the language applies to many different things,such as fuels and farm chemicals. She stated there is no indication that there will be barrels of substances et the site;however,if that does occur,there are several Development Standards that will resolve the problem. She further stated Planning Services would also be Involved because those storage uses are not permitted through this application. Commissioner Vaad commented he appreciates thetestimony regarding a person's rlghtto make a living on their property. He stated there seems to be some exaggeration of the facts regarding what would be allowed under this permit,and he clarified it would only allow three trucks and three trailers,and the trucks would be stored indoors. He stated the testimony regarding oil being spilled on the road was not specific to this applicant. He further stated the applicants are not prevented from operating a business from their home;however,any more than one must be stored elsewhere, which is a cost of doing business. Commissioner Vaad stated he does not find the applicant has shown compliance with Section 23.2.230,8.1,specifically Section 22-2-150.8.5 (I.Policy 2.5.b) regardirg compatibARy,and he feels the Conditions of Approval and Development Standards will not ensure the site does not have an adverse impact on the surrounding properties. He further stated the application does not comply with Sections 23-2-230.B.3 or 8.4 because the proposed use is not compatible with existing or future surrounding land uses, He clarified It is not his intent to prohibit all Use by Special Review Permits in this area because there are certain uses that would be appropriate, including the parking of one truck/trailer in the Agricultural Zone District. Based on DR RIV9latgitaQiMinrIggaig18100.1001).2114141020(.6 Permit#1465 for a Home Business (parking of trucks and trailers) in the A (Agricultural) Zone District, The motion was seconded by Commissioner Geilewho stated one truckltrailer is permitted for this property in the Agricultural Zone District, However,public testimony has shown there have been 2004-2045 PL1721 riHK-U4-CUU3 rKl UCi00 rr! WCLL' UU l:Wl rNn NU. .7IUS000C4C 5, UO HEARING CERTIFICATION-DONALD WROBLEWSKI, dO JOE AND TAMMY WROBLEWSKI(USR#1465) PAGE 6 prior instances where the property owners have shown consistent opposition to uses not compatible wtth residential/agricultural uses. Commissioner Cella also urged the area residents to pursue the option 01 establishing a Homeowners'Association. Commissioner Jerks concurred that incompatibility is the major issue. He encouraged the residents to consider establishing new Covenants to address issues regarding compatibility,and he reiterated the applicant does still have the ability to operate one truck/trailer from his property. Commissioner Long concurred and stated he supports the idea of establishing new Covenants for the community. .Chair Masden concurred and stated he Is notewareof a Use by Special Review fora kennei in the Immediate area. He stated he is familiar with the uses that exist in the area and the residents'Intent to keep the area residential in nature. He stated the proposed use would not be compatible,and he feels comfortable that the applicant can continue to operate with one truck and trailer. He stated there is a need for this type of use;however,thanked public the blic or their l desired, nor patience with this process and the various delays prior to this hearing. There being no further discussion,the motion to deny the application carried unanimously and the hearing was completed at 12:00 p.m. This Certilicatlon was approved on the 0th day of August 2004. APPROVED, BOARD OF COUNTY COMMISSIONERS WEl p COUNTY, COLORADO 1761 40 .4 ff Robert D.Maiden, Chair •:"'nT,+��t k to the Board William H. rke, Pro Tem B Deputy Clerk to the Board M. eile TAPE#2004- 33 David E. Long DOCKET#2004-52 Glenn Vead • 2004-2045 P11721 Hello