HomeMy WebLinkAbout20051704.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST ERIC WESTERN 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, Eric Western, VI#0400297, 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 14th day of June, 2005, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Eric Western 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 August 14, 2005, to allow adequate time for the property owner 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 #0400297 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Eric Western 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 14, 2005,to allow adequate time for the property owner to bring the
subject property into compliance.
2005-1704
PL0824
CC ; 11-, AWL - fly6 7 oS
VIOLATIONS - VI #0400297 - ERIC WESTERN
, PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of June, A.D., 2005.
h BOARD OF COUNTY COMMISSIONERS
/4 YL, ,4 /�'(/�� WELD COUNTY, COLORADO
; es
L
`:{ William H. rke, Chair
li r _ ` erk to the Board ��
`B�_ wit . . e;P1orTem Deputy Clerk to the Board d .- c a
Da id E. Lon
AP A F •
6, V\
Robert sh"D. Masden
ounty ney -4—
Glenn Vaad ����
Date of signature: 6 "cg-f -,e2e,-
2005-1704
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Eric Western
Violation: VI-0400297
Address: 20097 Northmoor Dr, Johnstown, CO 80534
Legal: Lot 31, Block 5, Northmoor Acres, 2nd Filing, Weld County, Colorado
Location: North of and adjacent to CR 42 and East of and adjacent to CR 11
North: Agriculture
South: Berthoud
East: Agriculture/Longs Peak Dairy(2000 head)
West: Berthoud
Parcel Number: 1061-24-3-09-006 Acreage: 1.24 +/-Acres
Certified mail date: March 30, 2005 Received:
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Section 23-3-20, 23-3-30 and
23-3-30.1 of the Weld County Code.
REMEDY
To bring the property into compliance the"Noncommercial Junkyard" shall be restored, removed or
completely screened from all adjacent properties and public rights-of-ways.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office, but to delay legal action for 30 days to all them adequate time to finish bringing the property into
compliance.
CASE HISTORY
October 6, 2004 Initial inspection completed.
November 6, 2004 Initial complaint received.
January 26, 2005 Five day compliance encouragement letter issued.
February 16, 2005 Property inspected. Property remains in violation.
February 16, 2005 Violation letter issued.
March 17, 2005 Property inspected. Property remains in violation.
March 30, 2005 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2005-1704
a DEPARTMENT OF PLANNING SERVICES
KisCompliance Division
NORTH OFFICE
918 10r" Street
GREELEY, CO 80631
gWebsite: WWW.CO.WELD.CO.US
C E-mail Address: bsalzman(a�co.weld.co.us
O PHONE: (970) 353-6100, Ext. 3555
FAX: (970) 304-6498
COLORADO SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
March 30, 2005
Mr. Eric Western
Current Occupant
20097 Northmoor Dr
Johnstown, CO 80534
Subject: VI-0400297, Lot 31, Block 5, Northmoor Acres, 2n° Filing, Weld County, Colorado
Dear Mr. Western and/or Current Occupant:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on June 14, 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 23-3-30.1 "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:
My records when we spoke on February 25th, you indicated a meeting was to occur
between you and your attorney. Furthermore, I was under the impression that you were
going to call me with an update; however, I have not received any information. During
an inspection conducted on March 17th, a couple of derelict vehicles were still noted. I
tried to schedule this hearing out far enough in an effort to close the violation prior to the
hearing date. If the derelict vehicles are restored, screened or removed prior to June
14`", please call me to schedule a final inspection.
Mr.Western •
Page 2,VI-0400297
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.
cerely,
Bethany Salzm
Zoning Compliance Officer
pc: VI-0400297
Department of Planning Services
Bruce Barker, County Attorney
U.S. Postal ServiceTM
H CERTIFIED MAIL, RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
F•r. int rmati nvisit ur we•site etwww.us•s.c•m;::
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Postage $
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O Postmark
Return Reciept Fee Here
(Endorsement Required)
Restricted Delivery Fee
O (Endorsement Required)
Total Postage 8 Fees $
m
O Sent To
O MR. ERIC WESTERN
t` Street,Apt No.;
or P°anxNo. 20097 NORTHMOOR DR
City.State,ZIP+4
JOHNSTOWN CO 80534
PS Form 3800,June 2002 See Reverse for Instructions
Atrii Weld County Department of
Planning Services
Inspection Report
• COLORADO' 91810`" St
Greeley, CO 80631
Date of Inspection: C6-ti
Permit/Case No.: VI:" LU
Property Owner Name:
Address: CCIJ-'1 1 t1/4.) nor
Upon a(visual)(on-site) inspection of the property listed above,the following items
were noted:
a pc_v_-tx.p4inAckA AK k\re kA).&),
ecm4ectic Eix_A- hcN.X,
0 \ ?Ack i
Inspection by: Contact Name:
Contact Phone Number: 970-353-6100,Ext.3555
Copy of this inspection was: .,r
Pictures taken during inspection: XYes 0 No
ab1
,` DEPARTMENT OF PLANNING SERVICES
T� Code Compliance Division
' Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
918 10th Street, Greeley, CO 80631
O Phone: (970) 353-6100, Ext. 3555
• Fax: (970) 304-6498
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
February 16, 2005
Mr. Eric Western
Current Occupant
20097 Northmoor Dr
Johnstown, CO 80534
Subject: VI-0400297, Lot 31, Block 5, Northmoor Acres, 2nd Filing, Weld County, Colorado
Dear Mr. Western and/or Current Occupant:
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.D "Home Occupations."
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:
All personal vehicles located on the property shall maintain current license plates and be in
operating condition at all times or screened from all adjacent properties and public rights-of-
ways. Additionally, the parking of commercial vehicles necessitate specific Weld County
Zoning Permits. 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.
Mr.Western and/or Current Occupant
Page 2,VI-0400297
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 16, 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,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0400297
Department of Planning Services
Bruce Barker, County Attorney
4
f4 ict'� Weld County Department of
i �1 Planning Services
lilac Inspection Report
918 10th St
COLORADO Greeley, CO 80631
Date of Inspection: (» , — L.S
Permit/Case No.: fti r� 1r-1
Property Owner
' 1v: lA,�\�� " ' ' t''
Address: L9OLYAh qtyt l a '..
Upon a(visual)(on-site) inspection of the property listed above,the following items
were noted:
v =-A
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H, (--L;Cc,tM --Qk U cr_
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,v ' sA--D t(-''G". Vti i-_ i
Inspection by:,2-x2.1 Contact Name: \-i A
�J
I
Contact Phone Number:970-353-6100,Ext.3555
� — } li"'axe
Copy of this inspection was:
Pictures taken during inspection: O Yes ill(No
D
cat I DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
918 10th Street, Greeley, CO 80631
C. Phone: (970) 353-6100, Ext. 3555
Fax: (970) 304-6498
COLORADO
January 26, 2005
Mr. Eric Western
Current Occupant
20097 Northmoor Dr
Johnstown, CO 80534
Subject: VI-0400297, Lot 31, Block 5, Northmoor Acres, 2nd Filing, Weld County, Colorado
Dear Mr. Western and/or Current Occupant:
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 multiple commercial related vehicles and derelict vehicles. While in the
Agricultural Zone District, a "Noncommercial Junkyard" is an allowed use, it shall be screened from all
adjacent properties and public rights-of-ways. The commercial vehicles and/or equipment shall be removed
from the property.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals, paper,
rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also
include the storage or keeping of DERELICT VEHICLES registered last or currently registered
under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE
or visually SCREENED from all ADJACENT properties and public rights-of-way.
JUNK: Scrap brass, iron, lead,tin,zinc;all other scrap metals and alloys; bones; rags; used cloth,
rope, rubber,tinfoil, bottles,old or used machinery of any type; used tools; used appliances; used
lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used
conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other
manufactured goods that are so worn,deteriorated or obsolete as to make them unusable in their
existing condition.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; is not registered with the State,as required by Section 42-3-103, C.R.S., or by Section
42-3-138 or 42-12-102, C.R.S.,and/or the number plate assigned to it is not permanently attached
to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the
extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not
equipped with lamps and other equipment as required in Sections 42-4-202 to 42-2-227, C.R.S.
This definition shall not include implements of husbandry, farm tractors or vehicles customarily
operated in a FARMING operation.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses.
A SCREENING PLAN shall be submitted and approved by the Department of Planning Services.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Mr.Western and/or Current Occupant
Page 2,VI-0400297
•
Please contact me within five working days of the date of this letter to review these concerns with me. Feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0400297
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R4692786 Parcel#: 106124309006
Tax Area: 2371 Bordering County:
Acres: 1.24
Township Range Section Quart. Sec. Subdivison Name Block#Lot#
04 - 68 - 24 - 3 NORTHMOOR ACRES 2ND FG- 5 - 31
Owners Name&Address: Property Address:
WESTERN ERIC N Street: 20097 NORTHMOOR DR WELD
20097 NORTHMOOR DR City: WELD
JOHNSTOWN, CO 80534
Business/Complex:
Sales Summaiy
Sale Date Sale Price Deed Type Reception#
9/30/1999 $190,000 WD 2723895
Legal Description
2NA5-31 L31 BLKS NORTHMOOR ACRES 2ND FILING SITUS: 20097 NORTHMOOR DR WELD 00O00
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Residential 1112 Acres 1.24
Land Subtotal: 1.24 $50,418 $4,010
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value
Value
1 Residential
Improvements Subtotal: $161,309 $12,840
Total Property Value $211,727 $16,850
Building Details
Account#: R4692786 Parcel#: 106124309006
Owners Name &Address: Property Address:
WESTERN ERIC N Street: 20097 NORTHMOOR DR WELD
20097 NORTHMOOR DR City:WELD
JOHNSTOWN, CO 80534
Building* Property Type
1 Residential
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 1979
Exterior: Frame Hardboard HVAC: Forced Air
http://maps.merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=10612... 10/06/2004
Identify Results Page 2 of 2
Interior Finish: Drywall Built As SQ Ft: 1334
# of Baths: 2 Roof Type:
# of Bdrms: 2 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 6 Units: 0
Garage:
Attached SQ Ft: 696 Detached SQ Ft:
Basement:
Total SQ Ft: 1334 Finished SQ Ft
http://maps.merrick.com/W ebsite/Weld/setSgl.asp?emd=QUERY&DET=PP&pin=10612... 10/06/2004
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DEPARTMENT OF PLANNING SERVICES
' Code Compliance Division
C 1555 N. 17th Avenue, Greeley,CO 80631
Phone: (970) 353-6100,Ext. 3540
• Fax: (970)304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
V, ZONING CODE COMPLAINT ❑ Staff/Name: K Citizen 0 Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known): a Snc\int1 f- trtnAd
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: 1n-u,-n--I
Pending Case#(i.e.USR,RE,SE, ect...):
Znrik
Legal Description: VC* a‘1 ID\fXX--`� )CAC11 CN kA-CM Parcel#: \C"\o‘ Y t -OCI
Violation Address: aCCP \ c.
Property Owners Name: \ACV NsW f(1 I E'IC� // Phone:
Property Owners Address: 0.�Ck ni-s-Vtacnt C-n
Tenant's Name: Phone:
Tenant's Address: t�
NATURE OF COMPLAINT: 1\3`,1TY Ciaxun , ]ci-CU(4 Vet 3(\e.CN
Complaint Referred To: Date:
Complaint Referred To: Date:
Additional Notes: ` n
•
11111111111111111111111111111111111111 I I 111111 I I I I I I l l
2723895 10/01/1999 12:27P Nand County CO
1 of 1 R 5.00 D 10.00 JR Sults Taukamoto
•
Warranty Deed
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the
'Property')from the isdividtW(a),corporation(s),partnership(s),or ocher entity(ies)named below as GRANTOR to the individual(s)
or entity(ies)named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except
for(I)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-
way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record (5)any
protective covenants and restrictions shown of record(6)any additional matters shown below under'Additional Warranty Exceptions",
and(7)subject to building and zoning regulations.
D.F.
819.00 The Specific Terms of This Deed Are:
Grantor: (Give mune(s)and placers)of residence:if the spouse of the owner-grantor u joining in this Deed to release homestead rights,identify grantors as
husband and wife.)
EDGAR G.BARTH AND ANNA P. BARTH
Grantee: (Give oanogs)and addras(a);statement of address,including reliable road or avert number.)
ERIC N. WESTERN
20097 NORTHMOOR DRIVE, JOHNSTOWN,CO 80534
Form of Co-Owoenhlp: of Were are two or mere Fatten named,they will be considered to take as towel in common undeae the words'in joint
tenancy'ar words of the same ramming are added in the space below.)
Property Description (Include county end state.)
LOT 31,BLOCK 5,
NORTHMOOR ACRES-SECOND•FILING;
WELD COUNTY,COLORADO.
•
Property Address: 20097 NORTHMOOR DRIVE JOHNSTOWN,COLORADO 80534
Contideneloo: (The steamers of a dollar amount is optional,adequate consideration for this deed will be presumed unless this conveyance is identified
as a gift. In any case this conveyance is tbtohaa,final and unconditional.)
ONE HUNDRED NINETY THOUSAND AND 00/100
Reservatbsa.Redrietlom: (If the GRANTOR bands to reserve any Sanest in the property or in convey less than u owned,or if the GRANTOR in
restricting the GRANTEE'S right I the property,make appropriate indication.)
Additional Warranty Exceptions: (Include duds of cost being:sowed and other comers as covered above.)
Executed by the Grantor on SEPTEMBER 30. 1999
Slgaatare for Corporation,Partnership or Aaoelatioa: Signature for Indlvidsal(a):
nBA Th by KARLE s, KR. `Zt
Name of Grantor: Corporation,Partnership or Association EDG a HARM by K E G.REDLE Grantor
an Attorney in Fact .top Poke V'An -4r `ad'CC
ByO'�(� �r
By 818WN l bay I�vID-121a/et ✓) a4
ANNA P.BARTH by KARLEE G REDLE
as Attorney in Fact Cb Attests-fly,
Attest:
STATE OF COLORADO
COUNTY WELD 3 rr.
Thecaregpjpy tpsf�)�vvnni�em was acknowledged before me this 30th day of SEPTEMBER
py TF.'KARLEEN .IEDLE AS ATTORNEY IN FACT FOR EDGAR G.BARTH ND KARL G. DLE AS ATTORNEY IN FACT
'ED*AN`tA'.PABARTN
o WIIT♦f.88 My *rod anycot8cial seal. ( L.�C� fi�-(&f(C
C(dy a yiV stroll,SEPTEMBER 8,2001 Notary-id,7 e
S 5146 Exe DP.v +'.� 1009 37TH AVENUE COURT,8101, GREELEY,CO 80634
Bee.(p(ecoin$,jembi nenl was acknowledged before me)isa day of
('name individual Oeamar(a)or if Grantor is Corporation,Partnership at Aesociation,ton identify signers as president or vice president and secretary
or assistant secretary of corporation;or as partner(s)of Partnership;or as authorized member(s)of association.)
WITNESS my handadvRio®l-aet:
My corambsioa expires: Notary Public
0 1981 UPDATE LEGAL FORMS WCTC No.201-L
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