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HomeMy WebLinkAbout20051952.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST BECKLES, LLC, AND PETER LISCANO 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, Beckles, LLC, and Peter Liscano,VI#0400216, 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 12th day of July, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Peter Liscano, tenant, was present at said hearing, and WHEREAS,the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until August 12, 2005, to allow adequate time for the property owners to remove the semi trailer and cab, and to screen the noncommercial junkyard to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0400216 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Beckles, LLC, and Peter Liscano 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, with an instruction for delay of action upon such referral until August 12, 2005, to allow adequate time for the property owners to remove the semi trailer and cab, and to screen the noncommercial junkyard to bring the subject property into compliance. 2005-1952 PL0824 Vin : Pi .0 g 2 - -or VIOLATIONS -VI #0400216 - BECKLES, LLC, AND PETER LISCANO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of July, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: _�0/) ix EXCUSED ""�/ :• EL, ix William H. J .rke, Chair Weld County Clerk to the t.ar • 1861 . J. ' ei e, Pro-Tern BY: Deputy Clerk to the B. =`rtt.%pnu EXCUSED Dn9 AP AS TO F Robe . Masden unty ttorri 6'Q lenn Vaad Date of signature: 2005-1952 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Beckles, LLC Tenant Name: Peter Liscano Violation: VI-0400216 Mailing Address: 1020 91h St. #202, Greeley, CO 80631 Legal: Lot B of RE-2786 also known as part of the NW4 of Section 18, T6N, R64W of the 6th P.M., Weld County, Colorado Location: East of and adjacent to CR 49 and '/ mile North of Hwy 392 North: Agricultural South: Agricultural East: Agricultural West: Agricultural Parcel Number: 0801-18-0-00-064 Acreage: 8.11 +/-Acres Certified mail date: June 3, 2005 Received by Property Owner: June 8, 2005 Received unclaimed by tenant Currently the property is in violation of Chapter 23, Article III, Division 1 of Sections 23-3-20, 23-3-30, 23- 3-30.1, 23-3-40 and 23-3-40.R of the Weld County Code. REMEDY To bring the property into compliance the"Noncommercial Junkyard" consisting of derelict vehicles shall be removed, restored or completely screened from all adjacent properties and public rights-of-way. Additionally, a permit shall be obtained for the semi trailer and cab or it shall be removed from the property. 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 1, 2004 Initial complaint received. June 16, 2004 Initial inspection completed. July 22, 2004 Five day compliance encouragement letter issued. September 24, 2004 Violation letter issued. September 27, 2005 Mr. Liscano called and spoke with Bethany Salzman 2005-1952 March 23, 2005 Inspection conducted. Mobile home was removed, but"Noncommercial Junkyard"and semi trailer/cab remain. March 30, 2005 Violation letter re-issued. April 12, 2005 Representative for Beckles, LLC called. April 28, 2005 Mr. Liscano called with an update and a 30 day extension was granted. June 1, 2005 Property inspected. Property remains in violation. June 3, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. \t1 it;v4C-N Weld County Department of • Planning Services Inspection Report COLORADO 918 10f° St Greeley, CO 80631 Date of Inspection: Permit/CaseNo.: V , Property Owner Name: xf C C, L.`'� Address: Upon a (visual)(on-site) inspection of the property listed above, the following items were noted: d'r; " rc c,;r5 s Inspection by: 4 �� Contact Name: • - Contact Phone Number: 970-353-6100, Ext. 3555 Copy of this inspection was=—✓7-Left on Site--6-Mailed on;. Pictures taken during inspection: ❑ Yes P`'No iDEPARTM�-..T OF PLANNING SERVICES ratwee North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 WWW.CO.WELD.CO.US W.CO.W ELD.CO.US E-mail Address: asiron@co.weld.co.us Phone (970)353-6100, Ext. 3566 Fax (970)304-6498 O e Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720) 652-4211 June 3, 2005 Beckles, LLC 1020 9th St.#202 Greeley, CO 80631 Peter Liscano 5014 W 9th St Greeley, CO 80631 Subject: VI-0400216, Lot B of RE-2786 also known as part of the NW4 of Section 18, T6N, R64W of the 6th P.M., Weld County, Colorado Dear Gentlemen: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on July 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 23-3-30.1 "Noncommercial Junkyard" 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: During an inspection conducted on June 1, 2005 I noted that screening was up on the North and West sides. There is an opening on the west side. The screening must be on all FOUR (4)sides of the"Noncommercial Junkyard"and be completely opaque,including the opening. Additionally, in a letter sent to you on April 28, 2005 I stated that the semi trailer and cab shall be removed or, if qualified, a permit shall be obtained allowing it to remain on the property. The semi and cab were both still on the property and I show no evidence that an application was submitted to permit it's use. NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand materials are stored or :died, including but not limited to scrap it and other metals, paper, rags, rubber tires,building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHILCES 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 right-of-way. 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. 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. sincere U.S. Postal Service., ti CERTIFIED MAIL, RECEIPT (44:1rTr (Domestic Mail Only;No Insurance Coverage Provided) Ann Siron F r ehvery mt rmaa n visit ur we•site et v ww us•s.c nq D Zoning Compliance Officer co rm. ` r. 1 � m pc: VI-0400216 ru Postage $ Department of Planning Services o Certified Fee 0 Bruce Barker, County Attorney a Return q Fee - Postmark (Endorsement Required) Hera 2 Restricted Delivery Fee (Endorsement Required) O ra Total Postage&Fees $ U.S. Postal Service., O Sent To m CERTIFIED MAIL,, RECEIPT N BECKLES, LLc M1 m Shoe[Apt.No.;(Domestic Mail Only;No Insurance Coverage Provided) or Po Box No. S1020 9TH ST #202 F r•ehvery mi•rmati n vtsrt ur vrebsite at www.us•s.com� cm,.State,ZIP+4 j GREELEY CO 80631 0-' PS Farm 3800,Jane 2002OD See Reverse for Instructions Postage $ ru O Certified Feeo a Return e Postmark Fee - (Endorsement Required) Here HR Restrictl Delivery Fee '� (Endorsement Required) a ra Total Postage&Fees $ m O Sent To E PETER LISCANO M1 Street.Apt No.; or PO Box N 5014 W 9TH ST [City.State.ZIPH rr GREELEY, CO 80631 SEM E': C�M'LETE THIS SECTI•N C.M•LETE THIS SECTUN •N sELIVE•Y • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ill �_ ,•' rent ■.Print your name and address on the reverse II VVV y l.✓( ❑ dd see so that we can return the card to you. B. Receive. by(4Prin = eJ C. +. 'of • Attach this card to the back of the mailpiece, - - or on the front if space permits. D. Is delivery address different from item 1 '• 1. Article Addressed to: If YES,enter delivery address below: O No BECKLES, LLC 1020 9TH ST #202 GREELEY, CO 80631 3. Service Type X%XCertified Mail O Express Mail O Registered O Return Receipt for Merchandise ❑ Insured Mail O C.O.D. 1 •'`4 '<CC, 4. Restricted Delivery?(Extra Fee) O Yes z. Article Number 7003 1010 0002 8989 4321 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 O N Mg E 1 ' S en tu O E —, a N ifrik ^ Q t 111 N Ol N E C N'Z l a_zap r cc _� v Q m ru co m W oo cmp �$ to LL o ma,0 h^t H !,... C 3 � 0 O en"v'd w bat V m a.,C1- ,It o o y. ..hy. tn 1I) J O? C ti w T fri .1;6P w‘ U ao 13 d o OQ e22O g. o o' o O , of 0 5 co N .W cp m t M W ® a W i : a ; . lleP. O � N.. 'w C �.._ , Ili, ` I i Weld County Department of Planning Services Inspection Report COLORADO 918 10th St • Greeley,CO 80631 Date of Inspection: Cl� -/-('').i Permit/Case No.: V ! ' r)4 6/ I ( r Property Owner Name: 17)e e K./e:;L_LC Address: 1".;-?5,41 ( Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: t�l.t-L11 (1� S lr..� •z l�)t11�Y .� � I 4 • >-1 ^L. Inspection by: OS Contact Name:( !i Contact Phone Number:970-353-6100,Ext 3555 Copy of this inspection was: 0 Left on Site 0 Mailed on: Pictures taken during inspection: t,ErYes 0 No DEPARTMENT OF r"LANNING SERVICES (itr;; North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us liD Phone: (970) 353-6100, Ext. 3566 CFax: (970) 304-6498 O Southwest Office • 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE April 28, 2005 Mr. Peter Liscano 5014 W 9th Street Greeley, CO Subject: VI-0400216, Lot B of RE-2786 also known as part of the NW4 of Section 18,T6N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. Liscano: 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.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: The "Noncommercial Junkyard" consisting of at least eight (8) derelict vehicles, semi cab/trailer and school bus shall be completely screened from all adjacent properties and public rights-of-way. During a phone conversation on April 28, 2005 you stated that you had half of the screening around the vehicles. Because substantial progress has taken place I am granting a 30-day extension to complete the screening. You stated that the trailer was being used to store equipment until the home your home is built. Unfortunately, after looking into it, the only way I can allow a semi and trailer on the property is if you obtained a permit for a Home Occupation. For your convenience I have enclosed an applica„on. For questions I would suggest that you speak to one of our"On—Call"Planners. We have 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. 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 April 28,2005,to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely anc_44., Ann Siron Zoning Compliance Officer pc: VI-0400216 Department of Planning Services Bruce Barker, County Attorney k Weld County Department of I Planning Services Inspection Report 918 10`h St COLORADO Greeley, CO 80631 Date of Inspection: 3-3,( Permit/Case No.: V —61/1/9O& Property Owner Name: Rt(+/ C-.�S, LLC 77 Address: Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: r /_ i.-!'_/7 2 ( �, i.7 � `lie.rG'(`- Inspection by: 1-S Contact Name: ,1 i' i,t .;] t O O Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this bas_p_esnonn.Site ❑ • Pictures taken during inspection: /Yes O No DEPARTMENT OF PLANNING SERVICES a North Office Code Compliance Division 918 10th e: Street, Greeley, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us ' Phone: (970) 353-6100, Ext. 3566 CFax: (970) 304-6498 O Southwest Office • 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE March 30, 2005 Beckles, LLC 1020 91h St#202 Greeley, CO 80631 Mr. Peter Liscano 5014 W 9th Street Greeley, CO 80631 Subject: VI-0400216, Lot B of RE-2786 also known as part of the NW4 of Section 18,T6N, R64W of the 6th P.M., Weld County, Colorado Dear Gentlemen: 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 y Special Review" Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop" To bring your property into compliance with the Weld County Code: The"Noncommercial Junkyard"consisting of at least eight(8)derelict vehicles,semi cab/trailer,school bus, trash and miscellaneous debris shall be restored, removed or screened from all adjacent properties and public rights-of-ways. 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 March 30, 2005, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincere l L 04. .4 Ann Siron Zoning Compliance Officer pc: VI-0400216 Department of Planning Services Bruce Barker, County Attorney a (7-1DEPARTMENT OF PLANNING SERVICES Code Compliance Division liD Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555 • Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE September 24, 2004 Beckles, LLC 1020 9th St#202 Greeley, CO 80631 Mr. Peter Liscano 5014 W 9th Street Greeley, CO 80634 Subject: VI-0400216, Lot B of RE-2786 also known as part of the NW4 of Section 18, T6N, R64W of the 6th P.M., Weld County, Colorado Dear Gentlemen: 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." Section23-3-20.8 "One (1) Single-Family Dwelling Unit and Auxiliary Quarters on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code." Section 23-3-20.P "Mobile Home subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-30 "Accessory uses." Section 23-3-30.F "Mobile Home subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-30.1 "Noncommercial Junkyard." 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." Chapter 23, Article lV(4), Division 3 "Mobile Homes and Manufactured Structures." Section 23-4-130 "Permit requirements." Section 23-4-140 "Mobile homes permitted in the A Zone District." Chapter 29, Article Vll(7) "Mobile, Manufactured or Factory-Built Home Permits." Section 29-7-10 "Permit required." Beckles,LLC and Mr.Liscano Page 2,VI-0400216 To bring your property into compliance with the Weld County Code: The"Noncommercial Junkyard"consisting of derelict vehicles, trash and miscellaneous debris shall be restored, removed or screened from all adjacent properties and public rights-of-ways. After researching my case files and computer, I have been unable to locate the necessary Building or Zoning permits for the mobile home. Please be advised that even temporary placement of a mobile home on a property requires both a Building and a Zoning permit. For your convenience, I am including both applications with this letter. The commercial vehicles consisting of semi trailer shall be removed or a Use by Special Review application shall be completed and submitted to the Department of Planning Services. 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 September 24, 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 S ���_��� Zoning Compliance Officer pc: VI-0400216 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 1555 N. 17th Avenue, Greeley, CO 80631 C. Phone: (970) 353-6100, Ext. 3555 WI Fax: (970) 304-6498 COLORADO July 22, 2004 Beckles, LLC 1020 9th St#202 Greeley, CO 80631 Subject: VI-0400216, Lot B of RE-2786 also known as part of the NW4 of SE-ction 18, T6N, R64W of the 60,P.M., Weld County, Colorado Dear Gentlemen: 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 and Chapter 29. The potential noncompliance(s)with the Weld County Code are as follows: D. Presence of a mobile home. According to my records, I can find no evidence of a Building Permit or a Zoning Permit for a mobile home. For questions, I would suggest that you speak to one of our "On-Call" Planners. We have to locations open to the pul?lic. 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. D. Presence of a"Noncommercial Junkyard". During an inspection conducted on July 16,2004, derelict vehicles and miscellaneous debris was noted. On an Agriculturally zoned property, such as this, while a "Noncommercial Junkyard" is an allowed use, it must be screened from all adjacent properties and all public rights-of-ways. 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, C1R �7c Bethany Salzman Zoning Compliance Officer pc:VI-0400216 Department of Planning Services SERVICE.TEAMWORK,INTEGRITY,QUALITY FROM FAX NO. : 970 356 2736 Sep. 21 2004 11:08RM P1 W t. h 0,v £x T-rk ° ed L-i Sca pD 's '-e0.5e 'CO vno r t \iPrar, H-r S Yf1 a\-\( ate Z 6 05. tt cs ad re 0.+ vvl e- i s P€ (---;1 ter, 5oiL( Vlrtete7 Co 150(23L( TL \/dJ ec -Io-17 r / our nnc•. � to c_ PIQUS C 0.11 a h e-erA h-79) 97 0017 bcci I ncArP a- A rC z w,c,v(; FROM : FAX NO. : 970 356 2736 Sep. 21 2004 11:08AM P2 110111 IiIII 111111111111111116r1 11111 III 11111 tilt 2957686 06/04/2002 12:42P Weld County CO 1 of 2 ft 10.00 D 0.00 dA. "Suki" Tsukamo 686to LEASE AND OPTION THIS INDENTURE, dated April 12, 2002, is between Deckles LLC, Landlord and Future Properties,Inc.and Laurie Liscano,the Tenant. in consideration of the payment of the rent and the keeping and performance of the covenants and agreements by the Tenant hereinafter set forth, the Landlord does hereby lease unto the Tenant, the following described premises situate in the County of Weld in the State of Colorado,to wit: A parcel of land located in the Southwest Corner of the NW '/4 of Section 18, Township 6 North, Range 64 West of the 6th P.M. consisting of approx. 8 acres mil The said premises,as described above,with all the appurtenances,are hereby leased to the Tenant from the date of at,2002 until the date of Mat�a aril-�'200W, and for a rental payable as follows: Mat$750 per month payable on there of each monthbegi�nl ning day'15100X. Isijctit Is+ l aooa THE TENANT, IN CONSIDERATION OF THE LEASING OF SAID PREMISES AS AFORESAID,COVENANTS AND AGREES AS FOLLOWS: To pay the rent for said premises as hereinabove provided; To keep said premises in good condition and repair and at the expiration of this lease to surrender and deliver up the same in as good order and condition as when entered upon, loss by fire, inevitable accident,act of God or ordinary wear excepted; To not assign this lease or any interest therein without prior written consent of the Landlord; To use said premises for no unlawful or questionable purpose and to obey the laws,ordinance and police regulations in relation toEthe use and condition thereof and of the roads and streets adjoining_ IT IS AGREED that all assessments for water that may be levied against said premises during the continuance of this lease shall be paid by tenant and that all charges for heating and lighting said premises shall be paid by tena■t as the same became due and payable,and that in case said premises shall become untenantable on account of damage by fire, flood or act of God,the term of this lease may be thereupon terminated by the Tenant. IT IS FURTHER AGREED that in case said premises are left vacant, then the Landlord may, without being obliged to do so and without terminating this lease, re-take possession of said premises. If any part of the rent herein reserved be unpaid,the Landlord may rent the same for such rent and upon such conditions as the Landlord may think best, making such changes and repairs as may be required, giving credit for the amount of rent so received,less all expenses created thereby,and the Tenant shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. A security deposit in the amount of$None shall be returned to the Tenant,or written accounting made therefore listing the exact reasons for the retention of any portion of the security deposit,within sixty (60) days after termination of the lease or surrender and acceptance of the premises. The Landlord shall make any written statement by(mailing said statement to the last known address of the Tenant. It is agreed that if the'Tenant shall be in Arrears in the payment of any installment of rent,or any portion thereof,or in default of any of the covenants or agreements herein contained to be performed by the Tenant,which default shall be uncorrected for a period of three(3)days after Landlord has given written notice thereof; Landlord may, at his option, without liability for trespass or for damages; enter into and upon said premises,or a portion thereof declare the term of this lease ended;repossess the said premises as the landlord's former estate; peacefully expel and remove the Tenant, those claiming under him, or any person or persons occupying the same and their effects; all without prejudice to any other remedies available to the Landlord for arrears of rent or breach of covenant. In the event any payment required hereunder is not made within five(S)days after the payment is due,Tenant will pay a late charge in the amount of$20.00(Twenty dollars)per day. IT IS FURTHER MUTUALLY AGREED that the Landlord, in consideration of the performance of all the covenants and agreements herein to be performed by the Tenant, hereby gives to the Tenant an option to purchase said above described premises at any time during the term of this lease for the sum of $71,500,payable as follows: The landlord desires to receive an 18% rate of return on this lease. Each month there will be shortage between the interest rate and the 5750.00 per month payment. This shortage shall be added to the option price,when the option is exercised. w4txes+ 5+0.t+d earn' On ! al, aoo , Pt Ire t- )c u n t ()LM w, I.1nR s� Ctraf,tl'i , CC) croc39 FROM : FAX N0. : 970 356 2736 Sep. 21 2004 11:09AM P3 I11111111111 III 111111111111 liL,4 iilli IIII IIII 2957686 06/04/2002 12:42P Weld County CO 2 of 2 R 10.00 0 0.00 J.A. "Suki" Tsukamoto the Landlord,upon payment of said purchase money, shall convey said premises by Warranty Deed unto theTenant free from all encumbrances except and shall furnish an abstract of.title so showing. The rent is to be adjusted to the date of transfer. The water,taxes,and insurance are to be paid by Tenant. If a security deposit i be has trea been te,upon ed as up co follows: completion of the lease and purchase of the property, it N/A Additional provisions: IS MORE THAN 60 LATE THEN 1. IF THIS AGREEMEN PAYMENTT HR ALL TERMINATTIAL E AND ALL MONEY AIDS BY TENANT SHALL BE FORFEITED. 2. IF TENANT FILES THIS R FOR BANKRUPTCYNUL DURING THE VOID. TERM OF THIS LEASE AGREEMENT, Should any provisions of this Lease and Option violate any federal,state or local law or ordinance, that provision shall be deemed amended to so comply with such law or ordinance,and shall be construed in a manner so as to comply. Where used herein,the singular shall include the plural and the use of a gender shall be applicable to both genders. AND IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that all the covenants and agreements contained in this lease shall extend to and be binding upon the hers,personal representatives and assigns of their respective parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Lease and Option the day and year first above written. LANDLORD aDL/J� 2,,, ---41,/,,7 }—"A liLS: Heckles LLC Date TENA ) __ _ t - r-�, 'O fk-US IS M Future r Inc. p ( 1 bate • _ (� Laurie Listen() Date �1J f f(, Weld County Department of Planning Services wine. Inspection Report COLORADO 1555 N. 17'Avenue Greeley,CO 80631 Date of Inspection: 7- I(.O-D'-I Permit/Case No.: \CC—' dyCLZ.t Lp Property Owner Name: C ,(f)l Address: 02_ tI CNr1tAx., 1.40‘45-17." Upon a(visual)(on-site)inspection of the property listed above, the following items were noted: Likanoxylth PCAbi LC.. -t CXL. t p 1 { Y _ Fro Inspection by: T-11--) Contact Name: Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspection was: - Pictures taken during inspection: ❑ Yes lko { Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0346201 Parcel#: 080118000064 Tax Area:0220 Bordering County: Acres:8.11 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 06-64- 18 - 0 - - Owners Name &Address: Property Address: BECKLES LLC Street: WELD 1020 9 ST#202 City:WELD GREELEY, CO 80631 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 5/21/2002 $65,000 WD 2953673 Legal Description r PT NW4 18-6-64 LOT B REC EXEMPT RE-2786 (.26R) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4147 Acres 8.11 Land Subtotal: 8.11 $89 $30 No Buildings on Parcel http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=O8011... 07/21/2004 MC 44' +1 L L. tali _ L � o � � w � �,; :::,:lp..t...4,;;;,;,,,i ,._ .;, a 4, 1 _t :7F n `, o ► o V w Q m L o '- a„,,,;',1,'.!'„ ':',r,i;';',Al`f, '',i';,'.''',';;"":;i" W 1' X. r' 1 ii' C h . ..,a. - r c 25 4 _ ..7 CJ a U 6!' o �i W Vf G {�.�iv 'a' U n LL O4. r'Oi .44�, .V g, .N C, U ,(3. .q N O 61 @ Q 'N L t m a a �1 m, a ' =a ur m. / . city a t;iON,\\ DEPARTMENT OF PLANNING SERVICES 1 Code Compliance Division C 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: ZONING CODE COMPLAINT 0 Staff/Name: ❑ HEALTH DEPARTMENT ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): O BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: 61& CJ( Pending Case#(i.e. USR, RE,SE, ect...): Legal Description: Parcel#: Violation Address: Wert I ! 615 331--1- 0 (,g ( ((Ix( c4 L'/ / a/ `A Property Owners Name: II,nil 1 I Phone: Property Owners Address: Tenant's Narnd: Phone: Tenant's Address: QATURE,OF ITT: C or if ( . 7 � L rc-- ;,/, ic. ;omplaint Referred To: Date: :omplaint Referred To: Date: .ddifionalNotes: !)L(,LS( con ! �6iI � ( .�I( l / �'�'( rb' 71 � !ll (Ll� ii;o) ("et � ����- DEPARTMENT OF PLANNING SERVICES Code Compliance Division C 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: Yl. ZONING CODE COMPLAINT ❑ Staff/Name: Citizen ❑ Other: XHEALTH DEPARTMENT Citizen's Name(If known). ▪ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):, tit BUILDING CODE COMPLAINT O PUBLIC WORKS/PEST&WEEDS Date Complaint was received: DU' C31'[ 1 Pending Case if(i.e.USR,RE, SE, ect...): Legal Description: Ik 5 RC '4-Ta0) i:XO-1 C.''c Stg-11O N.J Parcel if: 1.YRCIi'%%• -no coo Violation Address: Property Owners Name: ( 4(fl L CIL Phone: Property Owners Address: 1070 k ' l t 111)1 , (—re t it. C n D� Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: NASA A(4 '(P V11O( r(1C`b(\L i"'rvazl 14t 1-Iy Complaint Referred To: Date: Complaint Referred To: ]] __ 2 5 Date: /// e + /� Additional Notes: :�t, nacri J 5I U(C?� LOCI / S. + 1 1"tL1'�) • •t • 1, .:r. ' - , _i T. i ;,w. .y-, - . ,r n. ., . T ��. 'y} .. - , • ; — 1 • ter_ •• Hi • V - r r.. y r>, o- 1 H. ..{� -. . ma I eWINI1r4 1 .1 . ! I X11 1 Y j _ . , . J; - 4r[ i. : . ... c mil 1 ,1,. . - , , - r _3 + t;,:r,. r ' t t r r y t \1 r �v ,t j ; t 1 1 f .1 s 14 t 1 ' 1 ' 1 1 k, l It!1``—if f-- t. 1 i . lC J• f` i 1 1,�k .HIV' tZ I. I » \‘.‘13 `• s 2' 1 r ♦ ,w t. 1' .� Tll 1 , �✓ rS� \y ; ' I' r• 1 r, r • ft it i 11:•..4 ?i i't,•fr ji ' r'r` 'ti , 1 r :file f .'I.1- (,T41 V:fi iky' 1 , I. " 4t S,, l , S'�A_';e:L y4, t' 1 .f.F.yl4. 11 7 'C CR 70 BECKLES, LLC LISCANO, PETER VI-0400216 rn ______/ `I \FL, 14 392 / s I 1 Il --i I I I I I I - Hello