Loading...
HomeMy WebLinkAbout20050820.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST J AND M PARTNERSHIP, C/O ED MONSON 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, J and M Partnership, c/o Ed Monson, VI #0500014, is 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 November,2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, J and M Partnership, do Ed Monson was not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS,the Board 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 December 8, 2005, to allow adequate time for the property owners to submit a Use by Special Review application 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 #0500014 be, and hereby is, referred to the Weld County Attorney's Office for legal action against J and M Partnership, c/o Ed Monson, 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 December 8, 2005,to allow adequate time for the property owners to submit a Use by Special Review application to bring the subject property into compliance. 2005-0820 • (40 PLC V1DL PL0824 / .2 -0C VIOLATIONS - VI #0500014 - J AND M PARTNERSHIP, C/O ED MONSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of November, A.D., 2005. BOARD OF COUNTY COMMISSIONERS E z ELD COUNTY, COLORADO �� ATTEST: 44 / fI 10t f` i"4 �- st.pitgi iam H. rke, Chair Weld County Clerk to the B.' . %„.� �r IQLU( R��? ^:s ' e e, Pro-Tem BY: r De ty Clerk o the Board David E. Long APP ED AS ORM: EXCUSED Rob rt D. Masden / (� Countytorney .�p.1,1A4 1 /��� i�/ Glenn Vaad VVV `�') Date of signature: I I Z6 2005-0820 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: J & M Partnership do Ed Monson Violation: VI-0500014 Address: 1 Joe P Martinez Lane, Ault, Colorado 80610 Legal: Part of the SW4 of Section 20, T6N, R6W of the 6`"P.M., Weld County, Colorado Location: North of and adjacent to CR 66 and East of and adjacent to Highway 85 North: Agricultural and 1-3 Zone Districts South: Agricultural, 1-3, C-3 and R-1 Zone Districts, Greeley City Limits East: Agricultural West: Agricultural and 1-3 Zone Districts Parcel Number: 0803-20-0-00-017 Acreage: 152 acres Certified mail date: August 15, 2005 Received: August 18, 2005 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.R and Chapter 29,Article 111(3)of Section 29-3-320 of the Weld County Code. REMEDY To bring the property into compliance a Use by Special Review(USR) permit shall be submitted and approved by the Department of Planning Services. RECOMMENDATION The Department of Planning Services recommends that this case be continued for a period of 60 days. CASE HISTORY November 30, 2004 Initial complaint received. January 20, 2005 Initial inspection completed. January 25, 2005 Five day compliance encouragement letter issued. February 4, 2005 Violation letter issued. February 14, 2005 Mr. Monson called regarding violation. February 23, 2005 Received letter from property owner stating all commercial activity has ceased. March 3, 2005 Property inspected. Property remains in violation. March 9, 2605 Donna Druyff, representative for Mr. Monson, met with me and Planner On-Call. She was asked to return application within the 30 day time period. 2005-0820 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: J & M Partnership c/o Ed Monson Violation: VI-0500014 Address: 1 Joe P Martinez Lane, Ault, Colorado 80610 Legal: Part of the SW4 of Section 20, T6N, R6W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 66 and East of and adjacent to Highway 85 North: Agricultural and 1-3 Zone Districts South: Agricultural, 1-3, C-3 and R-1 Zone Districts, Greeley City Limits East: Agricultural West: Agricultural and 1-3 Zone Districts Parcel Number: 0803-20-0-00-017 Acreage: 152 acres Certified mail date: August 15, 2005 Received: August 18, 2005 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.R and Chapter 29, Article 111(3) of Section 29-3-320 of the Weld County Code. REMEDY To bring the property into compliance a Use by Special Review (USR) permit shall be submitted and approved by the Department of Planning Services. RECOMMENDATION The Department of Planning Services recommends that this case be continued for a period of 60 days. CASE HISTORY November 30, 2004 Initial complaint received. January 20, 2005 Initial inspection completed. January 25, 2005 Five day compliance encouragement letter issued. February 4, 2005 Violation letter issued. February 14, 2005 Mr. Monson called regarding violation. February 23, 2005 Received letter from property owner stating all commercial activity has ceased. March 3, 2005 Property inspected. Property remains in violation. March 9, 2005 Donna Druyff, representative for Mr. Monson, met with me and Planner On-Call. She was asked to return application within the 30 day time period. April 8, 2005 Bruce Johnson met with me and Planner, Jacqueline Hatch. He was taking over Ms. Druyffs duties and had additional questions. An extra 30 days was given to submit application. August 4, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. August 10, 2005 Mr. Johnson left a message stating that some things had come up and would like to explain why application had not been turned in. August 15, 2005 Mr. Johnson came into the office and explained to me the circumstances surrounding the delay in submitting the USR application. He requested a 60 day continuance. ■ ma\ , II opEB nn riddle's ZONE IS INS • 1-3 • J &MPARThERSHIP DR-1 \ VI-0500014 ., s , I I nl i 1 al aim Il alp s' fV'.5{'fi:!i.{'}Z��k.'aS}} y.'}J{ -tyJ�T J+'{. � { a �i r 'M:.. Y'Y 1 r' ev:- ;. iii II , "",x3 a& r� . r 1 'a� it1.I i� in ti'rFAx .f v`4. .. ,�J DEPARTML..f OF PLANNING SERVICES North Office Code,Compliance ey, CO8063n 918 10th Street, Greeley, C 80631 WWW.CO.WELD.CO.US W.CO.W ELD.CO.US ■ E-mail Address: asiron@co.weld.co.us IPhone (970) 353-6100, Ext. 3566 O Fax (970) 304-6498 Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 August 4, 2005 J & M Partnership do Ed Monson 1 Joe P Martinez Lane Ault, CO 80610 Johnson &Associates, Land Resource Specialties Bruce Johnson, Broker 801 8`h Street, Ste 220 Greeley, CO 80631 Subject: VI-0500014, Part of the SW4 of Section 20, T6N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. Monson: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 13,2005 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 23-3-40 "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 permitted to use the special review permit process to develop." Chapter 29, Article Ill "Building Permits" Section 29-3-320 "Change in Use" To bring the property into compliance: As previously discussed a Use by Special Review(USR)permit shall be submitted to the Department of Planning Services. Should we receive the USR application before September 9, 2005, the violation hearing will be cancelled; otherwise, hearings will continue as scheduled. 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 ' : about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation,and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, Ann Siron Zoning Compliance Officer pc: VI-0500014 SENaE': C•M LETE THIS SECTI eN C•M•LETE THIS SECTI•N •N •ELNE•Y Department of Planning Si • Complete items 1,2,and 3.Also complete A. Sign:t Bruce Barker, County Atto tern 4 if Restricted Delivery is desired. X I/, _ ❑Agent • Print your name and address on the reverse O Addressee so that we can return the card to you. B. R= v-ved by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, g i a' j or on the front if space permits. D. Is delivery address different from Item 1? O Yes 1. Article Addressed to: No❑ Weld t uM915knicorg' attwieviDelow. J & M PARTNERSHIP GREELEY OFFICE C/O ED MONSON 1 JOE P MARTINEZ LANE AUG 1 5 2005 AULT, CO 80610 3. Service Type. 11 L ' Y a '! =• ed fMf311'+r press Mall ❑Registered O Return Receipt for Merchandise ❑Insured Mall O C.O.D. 4. ResMcted Delivery?(Extra Fee) O Yes 2. Article Number 7003 1010 0002 8989 4390 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102.445-02444540 U.S.Postal ServlceT,., U.S. Postal Service,. 11 CERTIFIED MAIL, RECEIPT CERTIFIED MAIL,,., RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) m (Domestic Mail Only;No Insurance Coverage Provided) S F relivery inf rmati nvisit •urwe•site at www.usps.comv E•r.elivery int.rmah•nvsiit •ur we•site at wvrw us sc m,: IT F } a"a swn f p p C i r n 1 r9 Postage E Postage 5 ru C Certified Fee flae F p Certified Fee O Postmark Postmark p Return Fee Here C Return ReRetainFee Here (Endorsement Required) (Endorsement Required) CI, CI Restricted Delivery Fee Restricted Delivery Fee mg (Endorsement Required) (Endorsement Required) p rR $ Total Postage&Fees $ Total Postage&Fees W m C Sent To O Sent To O BRUCE JOHNSON J & M PARTNERSHIP, C/O ED MONSON )'r Street.Apt.No.;Street Apt Na 1 JOE P MARTINEZ...SANS or PO No. 801 8TH ST STE 220 City.Stare.ZIPa4 ; City.State.ZIP+4 GREELE 0 1 AULT CO 80610 :Ir rr PS Form 3a00..June 2002 See Reverse for Instructions'. *11 DEPARTMENT OF PLANNING SERVICES North Office Code Compliance Division 918 1 Street, Greeley, CO 80631 Website:e: WWW.CO.WELD.CO.UO.US E-mail Address: asiron@co.weld.co.us ' Phone: (970) 353-6100, Ext. 3566 Fax: (970)304-6498 C� Southwest R 24.5 COLORADO Longmont, CO 80504 2 i � Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 March 15, 2005 J & M Partnership LLC c/o Ed Monson 1 Joe P Martinez Lane Ault, CO 80610 Subject: VI-0500014, Part of the SW 4 of Section 20, T6N, R65W of the 6th P.M.,Weld County, Colorado Dear Mr. Monson: It has come to the attention of the Department of Planning Services'staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance with the Weld County Code is the operation of a business without the necessary permits. Ms. Donna Druyff came into our office on March 9, 2005 to discuss the issue with the Planner on-call. She was given the option of either applying for a USR(Use by Special Review)or an RE (Recorded Exemption). She felt the direction you would be going would be a USR in which she was given 30 days to turn in a completed application to the Planning Department. Please consider this to letter to be an advisement of our meeting. 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, U7je:t ar Ann Siron a.bruce Zoning Compliance Officer JOHNSON&ASSOCIATES pc: VI-0500014 LAND RESOURCE SPECIALTIES A.Bruce Johnson,Broker Department of Planning Services 801 8th Street,Suite 220 Greeley,Colorado 80631 Res:(970)454-3662 Bus:(970)356-8110 Mobile:(970)396-8577 """ Fax:(970)352-8761 ® tea.._.--iS n ..� ..Jj Cdorad Nebraska Wyoming Farm&Ranch•Warn 121 Sa les Exchanges•Minerals Consulting s SERVICE,TEAMWORK,INTEGRITY,QUALITY Donna. Dr u cp Weld County Department of Planning Services CInspection Report COLORADO 918 10`"St Greeley, CO 80631 Date of Inspection: 3 -t^ C) Permit/Case No.: -6 "/oO tel Property Owner Name: i i 1 FR: 1 i._sJ , 1) Address: n i- Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: o7 C/rxir Grp F7,, oil an kr GJc OcJ (-26,i/fit? gia? 0144 at. Inspection by: (l- S Contact Name: t J[aZf 7 ) ('if ./-) Contact Phone Number:970-353-6100,Ext. 3555 Copy of this inspection was: n Lc Maile Pictures taken during inspection: \Yes O No DEPARTMENT OF PLANNING SERVICES ratb 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 ' 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 1, 2005 J & M Partnership LLC 1 Joe P Martinez Lane Ault, CO 80610 Subject: VI-0500014, Part of the SW4 of Section 20, T6N, R65W of the 6th P.M., Weld County, Colorado Dear J & M Partnership: 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.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 29, Article Ill "Building Permits" Section 29-3-320 "Change in Use" To bring your property into compliance with the Weld County Code: Your letter was received by our office and the matter of the RV storage, Journey's End, has been resolved. However, during our phone conversation on February 14, 2005 you stated that you were leasing one part of the building out. This type of activity also requires a Use by Special Review permit. 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. J&M Partnership LLC VI-0500014 • 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 1,2005,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. 2eZ? Ann Siron Zoning Compliance Officer pc: VI-0500014 Department of Planning Services Bruce Barker, County Attorney Weld County Planning Decaiment GREELEY OFFICE FEB 2 3 2005 J & M PARTNERSHIP 1 JOE P. MARTINEZ LANE R E C E E D AULT, CO 80610 (970) 834-1765 PHONE (970) 834-1767 FAX February 22, 2005 Department of Planning Services Attn: Ann Siron Code Compliance Division 918 10th Street Greeley, Co 80631 Subject: VI-0500014 Dear Ann Siron, J & M Partnership is sending this letter to confirm the phone conversation that we had on February 16, 2005. J & M Partnership is no longer operating Journey's End. We did not realize that a permit was needed for this. The signs have been removed and no storage except for personal items is located on this property. If you have any questions regarding this matter, please call (970) 381-8832. Sincerely, J. Edward Monson Owner J & M Partnership • • DEPARTMENT OF PLANNING SERVICES Code Compliance Division I Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us O 918 10th Street, Greeley, CO 80631 Phone: (970) 353-61O0, Ext. 3566 • Fax: (970) 304-6498 COLORADO WELD COUNTY ' J i (4' ( `i ZONING VIOLATION NOTICE .19rc. ltl \, ' � jet C February 4, 2005 , ) J & M Partnership LLC 3t( t 1 l nt 'k�. C _l 3• 1 Joe P Martinez Lane Ault, CO 80610 Subject: VI-0500014, Part of the SW4 of Section 20, T6N, R65W of the 6th P.M., Weld County, Colorado Dear J & M Partnership: 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.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: Upon a visual inspection it was noted that"Journey's End"is being operated from this location. Upon review of my case file and computer I have been unable to locate a Use by Special Review for this type of activity. 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 February 4, 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. • J&M Partnership LLC -. VI-0500014 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. Sincerer ly 34161 Ann Siron Zoning Compliance Officer pc: VI-0500014 Department of Planning Services Bruce Barker, County Attorney a 4-711) DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US ■■■ C E-mail Address: bsalzman@co.weld.co.us WI I P 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555 O Fax: (970)304-6498 COLORADO January 25, 2005 J & M Partnership LLC 1 Joe P Martinez Lane Ault, CO 80610 Subject: VI-0500014, Part of the SW4 of Section 20,T6N, R65W of the 6th P.M.,Weld County, Colorado Dear Applicant: It has come to the attention of the Department of Planning Services' staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance with the Weld County Code is the operation of an RV storage yard (dba: Journey's End) without the necessary Use by Special Review application. 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 10`" 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. • Additionally, a sign has been placed on the corner of Hwy 85 & CR 66. .1 can not find an approved building permit for this sign, nor do I believe this sign to be in conformance with the Zoning Regulations. One of our planners will be able to help you with this as well. Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally,please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, ^�` Bethany Salzm n Zoning Compliance Officer pc:Vl-0500014 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY et;l Weld County Department of Planning Services Wi��pC Inspection Report COLORADO 918 10th St Greeley, CO 80631 Date of Inspection:P I Permit/Case No.: \j \ - i' C.; I Property Owner Name: J a ... I t Address: i ( C t�_ ! ; I r Upon a(visual)(on-site)inspection of the property listed above, the following items were noted: if 1 ( i' -,- �>> pp Inspection by: Li \ j Contact Name: 1-1) `�'1\ !1 y,_tA Contact Phone Number: 970-353-6100,Ext.3555 Copy of this inspection was: ❑ Left`ea Site ailed nn Pictures taken during inspection: ,Yes O No Identify Results Page 1 of 3 WELD COUNTY ASSESSOR J1405CitOk4 PROPERTY PROFILE Account#: R1264786 Parcel#: 080320000017 smwmwa.+-+pes-.umw.PW�4(M1Nkd ^YIK+ WIBtlNtlCY awe`vna-srcwm=A:REStiGbMGR}9 M ..H.M�iiieiT.0.FW Tax Area: 0226 Bordering County: Acres: 152 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 06 - 65 - 20 - 0 - - Owners Name &Address: Property Address: J &M PARTNERSHIP LLC Street: 19081 66 CR 1 JOE P MARTINEZ LANE City: WELD AULT, CO 80610 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 2/2/2004 $875,000 WD 3151846 Legal Description I 13731 SW4 20 6 65 (4R4SHT) %19081 WCR 66% SITUS: 19081 66 CR WELD 80631 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed YP Value Measure Units Actual Val Value Commercial 2135 Acres 0.8264 Agricultural 4117 Acres 151.1736 Land Subtotal: 152 $68,026 $19,730 Buildings Valuation Summary Property Type Assessed Bldg# Prg P Y Actual Value Value 1 Residential 2 Out Building 3 Commercial Improvements Subtotal: $276,885 $60,240 Total Property Value $344,911 $79,970 Building Details Account#: R1264786 Parcel#: 080320000017 Owners Name &Address: Property Address: J &M PARTNERSHIP LLC Street: 19081 66 CR 1 JOE P MARTINEZ LANE City: WELD AULT, CO 80610 Building# Property Type 1 Residential Individual Built As Detail http://maps.memck.com/Website/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=08032... 01/20/2005 Identify Results Page 2 of 3 Built As: Ranch 1 Story Year Built: 1899 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Plaster Built As SQ Ft: 1361 #of Baths: 2 Roof Type: #of Bdrms: Roof Cover: Composition Shingle # of Stories: 1 Rooms: Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: 624 Basement: Total SQ Ft: 480 Finished SQ Ft: 480 Account#: R1264786 Parcel#: 080320000017 Owners Name&Address: Property Address: J &M PARTNERSHIP LLC Street: 19081 66 CR 1 JOE P MARTINEZ LANE City: WELD AULT, CO 80610 Building* Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1951 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 2700 #of Baths: 0 Roof Type: Gable #of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R1264786 Parcel#: 080320000017 Owners Name&Address: Property Address: J &M PARTNERSHIP LLC Street: 19081 66 CR 1 JOE P MARTINEZ LANE City: WELD AULT, CO 80610 Building# Property Type 3 Commercial Individual Built As Detail Built As: Industiral Interior Office Space Year Built: 1989 Exterior: HVAC: Space Heater Interior Finish: Built As SQ Ft: 9000 #of Baths: 0 Roof Type: Gable #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=08032... 01/20/2005 -off 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: Winn X ZONING CODE COMPLAINT ❑ Staff/Name: O Citizen X Other:S\m Winn ❑ HEALTH DEPARTMENT Citizen's Name(If(mown): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: I k 1 al Pending Case#(i.e. USR,RE, SE,ect...): 1 Legal Description: )-311 t5t� 4 'JO Li t5/4th, 4 jWV'\ Parcel#: OS(O37 fey-to Violation Address: 1CtO \ `plp CR. l )3e Y1 Property Owners Name: J C (\--\ c (k3„J Pk \ Phone:: � Property Owners Address: t 3ne_P MTV\C\CL LSnt V1)V a* ) �fl�,p\ Tenant's Name: ^alainn.0 A 6-1r1 Phone: Tenant's Address: NATURE OF COMPLAINT: by 'e5kCY(cY1Q_ ld(S1.& ( )!? &IY\itt. — Complaint Referred To: I"s Q, ai Date: 1 -10-04 Complaint Referred To:o� / Date: Additional Notes: RP 7 q B l7. 167 PI AA BP szeic6 11111111111111111 III'M 111111 Illlnl III n111 It uII 3151846 02/05/2004 04:39P Weld County, CO DOC. FEE $87.50 1 of 1 R 6.00 D 87.50 Steve Moreno Clerk&Recorder 846 WARRANTY DEED THIS DEED, dated this 2nd day of February, 2004 (but effective as of January 1, 2004), between MONSON BROS. CO., a Colorado Corporation, of the County of Weld, State of Colorado ("Grantor"), and J 4 M PARTNERSHIP, LLP, a Colorado Limited Liability Partnership, the mailing address of which is #1 Joe Martinez Lane, Ault, Colorado 80610, of the County of Weld, State of Colorado ("Grantee"). WITNESSETH: That Grantor, for and in consideration of the sum of Tan Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, convey, and confirm unto Grantee, its successors and assigns, forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, described as follows, The SW1/4 of Section 20, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, EXCEPTING THEREFROM that portion conveyed to The Free Church Lateral Ditch Company by Deed recorded October 26, 1945, in Book 1163 at Page 507, Weld County records. (Street Address, 19081 Weld County Road 66, Greeley, Colorado) TOGETHER WITH all rights, title, and interest of Grantor in and to all water and water rights, wells and well rights, ditches and ditch rights, reservoirs and reservoir rights, belonging or in any way appertaining to the above-described property, including, but not by way of limitation, sixteen (16) shares of Cache la Poudre Irrigation Company and sixteen (16) shares of Cache la Poudre Reservoir Company. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in, or to the above-bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto Grantee, its successors and assigns, forever. And Grantor, for itself and its successors and assigns, does covenant, grant, bargain, and agree to and with Grantee, its successors and assigns, that at the time of the enameling and delivery of theme presents it is well seized of the premises 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 same in manner and form as aforesaid; and that the same are free from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever, except and subject to all easements and rights-of-way in place or of record; all restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record; all zoning and other governmental rules and regulations; general property taxes for 2004 and all subsequent years; and the lien of that certain Deed of Trust recorded June 20, 1991, on Film 0977 as Reception No. 02253929, which secures a Promissory Note in the original principal amount of One Million Fifty Thousand Dollars ($1,050,000.00), payable to Metropolitan Life Insurance Company. Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed this Warranty Deed on the date set forth above. ATTEST, NON ON CO., a Colorado Corporation 1 �6/C Ma len X. Mons n, Sacre ry J. Edward Monson, President _ STATE OF COLORADO ) ) es. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 2nd day of. February, 2004, by J. Edward Monson, as President, and Marlene R. Monsc4r.eprryr Secretary, of MONSON BROS. CO., a Colorado Corporation. ���1►NAN S'pN 74 ' WITNESS my hand and official s al/. 4.= •••Q. Amity Y ' My commission expires, //I(ti /O(c �J ?r o O '_ Oe thA I G : .4 `'O Q` HASLER,FONFARA AND MAXWELL Notary Public O 126 SOUTH HOWES.OFFICE S 6H FLOOR %4-E 11 /8)8101N (RF&R 1/29/041FORT COLLINS,CO 80522 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: J & M Partnership c/o Ed Monson Violation: VI-0500014 Address: 1 Joe P Martinez Lane,Ault, Colorado 80610 Legal: Part of the SW4 of Section 20, T6N, R6W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 66 and East of and adjacent to Highway 85 North: Agricultural and 1-3 Zone Districts South: Agricultural, 1-3, C-3 and R-1 Zone Districts, Greeley City Limits East: Agricultural West: Agricultural and 1-3 Zone Districts Parcel Number: 0803-20-0-00-017 Acreage: 152 acres Certified mail date: August 15, 2005 Received: August 18, 2005 Currently the property is in violation of Chapter 23,Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.R and Chapter 29,Article 111(3) of Section 29-3-320 of the Weld County Code. REMEDY To bring the property into compliance a Use by Special Review(USR) permit shall be submitted and approved by the Department of Planning Services. RECOMMENDATION The Department of Planning Services recommends that this case be continued for a period of 60 days. CASE HISTORY November 30, 2004 Initial complaint received. January 20, 2005 Initial inspection completed. January 25, 2005 Five day compliance encouragement letter issued. February 4, 2005 Violation letter issued. February 14, 2005 Mr. Monson called regarding violation. February 23, 2005 Received letter from property owner stating all commercial activity has ceased. March 3, 2005 Property inspected. Property remains in violation. March 9, 2005 Donna Druyff, representative for Mr. Monson, met with me and Planner On-Call. She was asked to return application within the 30 day time period. April 8, 2005 Bruce Johnson met with me and Planner, Jacqueline Hatch. He was taking over Ms. Druyff's duties and had additional questions. An extra 30 days was given to submit application. August 4, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. August 10, 2005 Mr. Johnson left a message stating that some things had come up and would like to explain why application had not been turned in. August 15, 2005 Mr. Johnson came into the office and explained to me the circumstances surrounding the delay in submitting the USR application. He requested a 60 day continuance. ZONE IS IT C 392 TS � rr • C-3 ❑ I-3 J & M PARTNERSHIP ❑ R-1 VI-0500014 ®ESTA E 85 CR 66 L - i I ■ Hello