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HomeMy WebLinkAbout20040445.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING VIOLATION VI #0300325 AGAINST LINDA BIGLEY 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, Linda Bigley,VI#0300325, 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 22nd day of June, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS,Linda Bigley 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 deems it advisable to refer said violation back to the Department of Planning Services for further consideration. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that VI#0300325 be,and hereby is, referred back to the Department of Planning Services for further consideration. 2004-0445 PL0824 (��; PLCa) V/ a p7 -aa-d� VIOLATIONS - VI #0300325 - LINDA BIGLEY PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 22nd day of June, A.D., 2004. BOARD OF COUNTY COMMISSIONERS EILis 1 WELD COUNTY, COLORADO T: a Robert D. Masden, Chair o.• lerk to the Board 0u William H. ke, Pro-Tem • ■eputy Clerk to the Board M. ile n C AP AS TO • ar`�( C o�Ya,/ Davi E. Long ttorne 2444 Glenn Vaad Date of signature: _ � 2004-0445 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Linda Bigley Violation: VI-0300325 Address: 268 CR 53, Keenesburg, CO 80643 Legal: Lot B of RE-2600 also known as part of the N2SW4 of Section 33, Ti N, R64W of the 6th P.M., Weld County, Colorado Location: East of and adjacent to CR 53 and approximately'%mile North of CR 2 North: Agricultural with minimal residences South: Agricultural with minimal residences East: Agricultural with minimal residences West: Agricultural with minimal residences Parcel Number: 1475-33-0-00-014 Acreage: 69.35 +/-Acres Certified mail date: January 21, 2004 Received: January 26, 2004 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-40 and 23-3-40.H of the Weld County Code. REMEDY To bring the property into compliance, the number of"Household Pets"shall be reduced to a total of 16 (sixteen)or a Use by Special Review application shall be completed and submitted to the Department of Planning Services. Additionally, 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 for legal action. CASE HISTORY October 21, 2003 Initial complaint received. October 28, 2003 E-mail sent to County Attorney's Office for clarification. October 17, 2003 Initial inspection completed by Animal Control. November 5, 2003 Five day compliance encouragement letter issued. November 10, 2003 Violation letter issued. January 15, 2004 Property inspected. Property remains in violation. January 21, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2004-0445 Ms.Bigley Page 1 of 2, Vl-0300325 a DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3555 Q Fax (970) 304-6498 COLORADO January 21, 2004 Ms. Linda Bigley • 268 CR 53 Keenesburg, CO 80643 Subject: VI-0300325, Lot B of RE-2600 also known as part of the N2SW4 of Section 33, Ti N, R64W of the 61h P.M., Weld County, Colorado Dear Ms. Bigley: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on February 10, 2004, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property remains in violation of the following Section(s) of the Weld County Code: -m Chapter 23, Article III, Div 1 "A (Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by special review." Section 23-3-40.1-i "Kennels, subject to the additional requirements of Section 23-4-400." To bring the property into compliance: As we discussed, the code allows you to have a total of 16 household pets as long as they are more than 1 (one) species (i.e. birds (different types), dogs, cats, etc.). More than 16 total household pets would require a Use by Special Review application to be completed and submitted to the Department of Planning Services. KENNEL: Any place other than a PET SHOP or veterinary clinic or HOSPITAL,where five(5) or more HOUSEHOLD PETS of one (1) species, or a total of eight (8) or more household pets of two (2) or more species, are kept or maintained. Property that is zoned (A) Agricultural and not part of a platted subdivision or unincorporated town and which is larger than ten (10) acres shall be permitted to keep or maintain eight (8) HOUSEHOLD PETS of one(1)species or sixteen (16)HOUSEHOLD PETS of two(2)or more species without being considered a KENNEL. HOUSEHOLD PETS:Any nonvenomous species of reptile and any domestic dog,domestic cat, rodent, primate or bird over the age of six(6)months; provided, however, that members of the order crocodilia (e.g. crocodiles, alligators, etc.), gorillas, orangutans, baboons, chimpanzees, member of the class apes, order falcons(e.g. hawks, eagles, vultures, etc.), and animals defined as LIVESTOCK herein, shall not be considered to be HOUSEHOLD PETS for the purpose of this Chapter. (Note: See definitions of EXOTIC ANIMALS, LIVESTOCK and KENNEL.) Ms.Blgley ) Page 2 of 2, VI-0300325 This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center,915 10th Street, Greeley,Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. -If-you have any - questions concerning this matter, please call me. Sincerely, _ Bethany Salzman Zoning Compliance Officer _ 1 d *3 § c v` » iiajd pc: VI-0300325 $a = > z g > c Department of Planning Services CIr o-... ' CI mG25 D. Bruce Barker, County Attorney w a _7 3 It 2 2 _s22 - Ed 1 m U.S. Postal Servicerr., z a O. 5 o r m CERTIFIED MAIL,., RECEIPT • 9 z o o o rv (Domestic Mail Only;No Insurance Coverage Provided) y - c . „ F•r.elivery inf76 •rmati•n visit ur we•site at www.us•acme 2 —v u $a P2 = '$ rif m Ir LO Ys3 Y Ge'i Ln Y 'isp; H mil. N J 0 9 F m N 2 0 33 m ea Li`a Postage $ v j m U ¢ E m O m nJ Cerdiietl Fee •U Q K co ei Y: e CI E d CReturn Required) f Fee Postmark k f-Rci m (Endorsement Here p CC p Restricted Delivery Fee mi '2 rq (Endorsement Required) m m a 13- aN a U O i ra Total Postage 8 Fees $ retie e o 3 ci ent oen N % Ipt N NDA._-&ZGS.EX U Q o a o o a state,aP.a C a t 2 .o a w § KEENESBURG CO :1. i° m re r m 0 a 0 a N h 111 = fa N PS Farm 3800.June 2002 See geverse for Instructions m S W v-m m Q w P pq U -S:.) 3 0., . -80 ,,,.. E« E0idc m < m a m < m a) C o w l m 2 Ln .'a9 `m e U ?- MCC .- ma m y HH C4 Cr]p a E i 4):•= 0 .-.- '5 < I-2 0 fol 2. lL nCTNL Z z UrawQo u CneO W 'C N O lL N lY. t_ co n • • • N d lID Else � DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us • COLORADO 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE November 10, 2003 Ms. Linda Bigley 268 CR 53 Keenesburg, CO 80643 Subject: VI-0300325, Lot B of RE-2600 also known as part of the N2SW4 of Section 33, Ti N, R64W of the 6th P.M., Weld County, Colorado Dear Ms. Bigley: 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 111, 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 23-3-40.1-I "Kennels, subject to the additional requirements of Section 23-4-400." To bring your property into compliance with the Weld County Code: As we discussed,the maintenance of eight(8)or more birds requires a Use by Special Review permit. KENNEL: Any place other than a PET SHOP or veterinary clinic or HOSPITAL,where five(5) or more HOUSEHOLD PETS of one(1)species, or a total of eight(8)or more household pets of two (2)or more species, are kept or maintained. Property that is zoned (A)Agricultural and not part of a platted subdivision or unincorporated town and which is larger than ten(10)acres shall be permitted to keep or maintain eight (8) HOUSEHOLD PETS of one (1) species or sixteen (16) HOUSEHOLD PETS of two (2) or more species without being considered a KENNEL. HOUSEHOLD PETS: Any nonvenomous species of reptile and any domestic dog, domestic cat, rodent, primate or bird over the age of six(6)months; provided,however,that members of the order crocodilia (e.g. crocodiles, alligators, etc.), gorillas, orangutans, baboons, chimpanzees,member of the class apes, order falcons(e.g.hawks,eagles,vultures;etc.),and animals defined as LIVESTOCK herein,shall not be considered to be HOUSEHOLD PETS for the purpose of this Chapter. (Note: See definitions of EXOTIC ANIMALS, LIVESTOCK and KENNEL.) Ms.Bigley Page 2,VI-0300325 It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have 60 (sixty) days from November 10, 2003, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer pc: VI-0300325 Department of Planning Services, Bruce Barker, County Attorney . a DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US I E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 C. Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 COLORADO November 5, 2003 Ms. Linda Bigley 268 CR 53 Keenesburg, CO 80643 Subject: VI-0300325, Lot B of RE-2600 also known as part of the N2SW4 of Section 33, Ti N, R64W of the 6th P.M., Weld County, Colorado Dear Ms. Bigley: 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 more than four(4)household pets(birds). Birds(including,but not limited too, Parrots and Parakeets)are considered "Household Pets"by the Weld County Code(see definition below)and the presence of more than eight(8) birds, is considered a"Kennel"(See below). This type of use requires a "Use by Special Review"application to be completed and submitted to the Department of Planning Services. For questions, I would suggest that you speak to one of our"On-Call"Planners. We have to locations open to the public. Our main office is located at 1555 N. 17th Avenue, Greeley, Colorado. Where, we have an "on- call" planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00 -4:00 p.m. Our other office(the Southwest Weld Office)is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m. -4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. HOUSEHOLD PETS: Any nonvenomous species of reptile and any domestic dog, domestic cat, rodent, primate or bird over the age of six(6)months; provided, however, that members of the order crocodilia (e.g. crocodiles, alligators, etc.), gorillas, • orangutans, baboons, chimpanzees, member of the class apes, order falcons (e.g. hawks, eagles, vultures, etc.), and animals defined as LIVESTOCK herein, shall not be considered to be HOUSEHOLD PETS for the purpose of this Chapter. (Note: See definitions of EXOTIC ANIMALS, LIVESTOCK and KENNEL.) KENNEL: Any place other than a PET SHOP or veterinary clinic or HOSPITAL, where five (5)or more HOUSEHOLD PETS of one (1)species, or a total of eight(8)or more household pets of two (2) or more species, are kept or maintained. Property that is zoned (A)Agricultural and not part of a platted subdivision or unincorporated town and which is larger than ten (10) acres shall be permitted to keep or maintain eight (8) HOUSEHOLD PETS of one (1)species or sixteen (16) HOUSEHOLD PETS of two(2)or more species without being considered a KENNEL. SERVICE,TEAMWORK,INTEGRITY,QUALITY Ms.Bigley Page 2,VI-0300325 Please contact me within five working days of the date of this letter to review these concerns with me. Failure to close this violation or efforts to show progress,will result in a thirty-day violation notice being issued. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally,please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer pc: VI-0300325 Department of Planning Services • • SERVICE,TEAMWORK,INTEGRITY,QUALITY Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R8746600 Parcel#: 147533000014 Tax Area: 2446 Bordering County: Acres: 69.35 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 01 - 64- 33 - 0 - - Owner*Name&Address: Property Address: BIGLEY LINDA L Street: 268 53 CR 268 COUNTY RD 53 City: WELD KEENESBURG, CO 80643 Business/Complex: vM Sales Summary Sale Date Sale Price Deed Type Reception # 5/21/2002 $347,000 WD 2958058 Legal Description N2SW4 33-1-64 LOT B REC EXEMPT RE-2600 (.61R) SITUS: 268 53 CR WELD Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4147 Acres 11.5 Agricultural 4147 Acres 13.5 Agricultural 4147 Acres 44.35 Land Subtotal: 69.35 $1,184 $340 Building*Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Out Building Improvements Subtotal: $112,785 $9,660 Total Property Value $113,969 $10,000 Building Details Account#: 88746600 Parcel#: 147533000014 Owners Name &Address: Property Address: BIGLEY LINDA L Street: 268 53 CR 268 COUNTY RD 53 City: WELD KEENESBURG, CO 80643 Building* Property Type 1 Residential Individual Built As Detail http://maps.merrick.comi Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14753... 11/05/2003 Identify Results Page 2 of 2 Built As: Ranch 1 Story Year Built: 1994 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1248 # of Baths: 2 Roof Type: # of Bdrms: 2 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 5 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R8746600 Parcel#: 147533000014 Owners Name &Address: Property Address: BIGLEY LINDA L Street: 268 53 CR 268 COUNTY RD 53 City: WELD KEENESBURG, CO 80643 Building_# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Cattle Year Built: 1994 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 1536 #of Baths: 0 Roof Type: # 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=14753... 11/05/2003 l iii.P t ce1 T ie M int n nc ' � ' w�`:Parcel No:I1475-33-0-00-01 J • 1a `at Alt Key: II Update ReMat B'(1' Esit Primari Address City Id General Information I No Dir / Street Name 1 Subdivision:� I _ 1 1 i i Lot:1----- Fract: l 1 select An Address J Area:I 0.00 Acres:f 69.35 Situs Zoning:1--I [268 53 CR WELD Census Tract: Cen Block:l r .. , PrimartiOwner Information X Coord: 1'Coad: Legal Description I Name:'HIGLEY LINDA I N2SW4 33.1.64 LOT B REC EXEMPT RE-2600(.61R) J I Address 1:1260 COUNTY RD 53 SITUS: 268 53 CR WELD I Address 2.[KEENESBURG CO Address 3:I • Address 4:I '1 Zip: 180643 Use Coder J I Phone 1:I TRA:I2446 Exempt:(— �I Phone 2:I I Molation:1 Status:IACTIVE J Govt Owned:E 1 I. I Petra N: M-0300325 Address:1268 CR 53 WEL :,. ; ;,•::, _ :.S.:;P,:,-t:•: Status-. �COI�iPLNT APPLICANT:IBIGLEY LltIDAi. - -'ti°1'rte:'=°`' II r - -3i_ - _ - Date: 11/0512003 I- :.,. =r:w Ba !.st • m' ir3 OW tom•1 pi V 1 Ft _ l4' t srrSmelln� °,14)K . Desc • %L1Hrtd I r:p hP�c I i;ei;te s r: .'.Slle Updbte '� Exit SaGi'. .. . Parcels...• Parcel No: 1475-33-0-00-014 Owner: BIGLEY LINDA L r People • Status: Cl tvtP'LNT I� Written By: BJS Sec/Tvan/Rng 133 U7 84 Description: 20.30 Household Pets(Bird_)=Kennel • Location. ='68 CR 53 WEL Zoning Eri:t: RI Inspection Area 'N2 Permit Num: .AG .App Type: VI j (BCV=BLDNG VI0.VI=ZONING!rft7.Wt�'#V�'ELD VIC"bcv+vi") • Clans Code: 'dl$ KENNEL Complaint: 10/21/2003 Init: (BJS NO"..il 1_/_-/- i it { 5 Day Letter. 11105/2003 I nil I BJS Issued _/_1 kit Inspection 10/17/2003 Init. [Kurt BCCVio: _/_1_ Irit.: 1 Court 1_/_i_______ Irid Dosed BD/: {_1_/_ kitClosed VI: I_/ / Init. �r Il Bethany salzman Re Exotic Animal Qt--tion-code error Page 1 From: LEE Morrison To: Bethany salzman; BRUCE Barker Date: 11/04/2003 2:40PM Subject: Re: Exotic Animal Question-code error All birds except those belonging to the Order falcons (falcons, hawks , eagles and vultures)are HOUSEHOLD PETS . Parrots are in the Order Psittaciformes FYI the code got screwed up at some point between 1981 and 1985. It should say, in reference to the falcons Order Ayes (NOT APES), Class falcones >>> Bethany salzman 10/28/03 4:25 PM >>> Are Parrots and/or Parakeets considered "exotic" or"household pets"???? Lee D. Morrison Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80632 (970) 356-4000 x 4395 FAX 352 0242 This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient, please reply and delete your copy of this message." CC: CAROL Harding tise) DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100,Ext. 3540 COLORADO Fax: (970) 304-6498 fr-ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT Staff/Name: 0 Citizen 0 Other: ❑ HEALTH DEPARTMENT Citizen's Name 1t \v?i t L ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): O BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: l0-a V"Co Pending Case#(i.e.USR,RE, SE, ect...): �r�� 1�1�` &cAA Legal Description:\-vi 5/Ctc ?1,PCl ) j ti is C 65 Parcel#:`y�J` � (�k,L4 Violation Address: al.ci Property Owners Name: t)tC t'\ ,\lmett Phone: Property Owners Address: Qe.c^ib {t'J f, �''C; Cp(_(L.\2j Tenant's Name: Phone: Tenant's Address: y J NATURE OF COMPLAINT: t3 J�ai '1 c6, (S--' W.('ck\'tom c}'ra e& ) { 1eicX t..aot cc,;( k4.1\S1G!\— Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: fyCIA-RtGM (in. 1j ytfd CODE ENFORCEMENT INITIAL ASSESSMENT H!! i 110 [ .F Owner: Lin et �j(. hoc, File N: J Parcel p: Address: r,M$ wC.!'� 5.3 City ..a.a,u s ben. _State co Zip SO t«/3 Phone Number:131(-.33' 3�33 -. 6` / o tis • Occupant: Soyp (S tL G4.-e- File#: Parcel#: Address: City _State Zip Phone Number:�� Mai Inspector: Xf^I� ,4 ' `S5 (h S Signature:-t /ie �y�i Referred to: �l7�ai J ce-A 1774'4-1 GENERAL SANITATION) // Household trash: (any household waste generated by single and multiple family residences,etc) Una pprored items:(appliances,used building materials,scrap metals,bones,rags,cloth,car parts and pieces,tires,used household furniture,and any other items that are so worn,deteriorated,or obsolete as to make them unusable in their existing conditions)(See non- commercial junkyard under Zoning.) Derelict vehicles On private property(See non-commercial junkyard under Zoning) In public road right-of-way Sewage or Septic problems(Evidence of failing septic system,such as sewage on the surface of the ground,or the repair or installation of a septic system without a permit,etc. (See Weld County ISDS Regulations) Littering Water Evidence of Burning Other NOTES: STRUCTURES Unsafe or abandoned structures(Section 302,Dangerous Building,Uniform Code for the Abatement of Dangerous Buildings. Section 20.5,Weld County Building Code Ordinance,Uniform Code for Abatement of Dangerous Buildings.) Construction without appropriate building permits.(106.3 Uniform Building Code,Application for Permit and Section 30.3 Weld County Building Code Ordinance,Application Requirements.) Incorrect Occupancy(Section 109 Certificate of Occupancy. No building or structure shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy.) Nuisance(Any condition that may be a source of filth or cause of sickness,which may be injurious to the public's health.) (See 25-1-615 C.R.S.,as amended.) Other NOTES: PUBLIC WORKS Roads(Ordinance 180,Dirt,water,farmer dragging farm machinery across the road) _ Culverts (Ordinance 150,damage/size/run-oft) _ Noxious weeds(Ordinance 169A) Other NOTES: ZONING Commercial business in incorrect zone district. (An activity where goods.products,or services are bought,sold,or transferred in ownership on a fee,contract,or barter basis excluding those uses listed by right and accessory uses in the A(Agricultural)zone district. Section 10-Definitions,also Bulk Requirements under each zone district,Weld County Zoning Ordinance.) Structures not in compliance with the Zoning Ordinance. (Too many residences)(Sections 30 through 36,Zone Districts,Weld County Zoning Ordinance.) Non-commercial junkyard. (An area where any waste,junk.or used or second hand materials are stored or handled,including but not limited to,scrap iron and other metals,paper,rags,rubber tires,building materials,and bottles. May also include the storage or keeping of derelict vehicles. The non-commercial junk yard shall be totally enclosed within a building or structure or visually screened from all adjacent properties and public rights-of-way. Sections 10-Definitions"N",31.2 and 31.3.9 of the Weld County Zoning Ordinance.) Setbacks/Offsets(Section 10-Definitions"S"and "O",Weld County Zoning Ordinance.) Signs(Shall be permitted in the various zoning districts see Sections 42 through 42.4.2 Weld County Zoning Ordinance. Also accessory ..�. uses under each zone district. Signs may also be subject to the requirements of the Colorado Department of Transportation.) Other NOTES: ANIMALS Too many dogs and/or cats(See Bulk Requirements under each zone district,Section 10-Definitions Animal Uses,Kennel.etc.) Too many animal units(See Bulk Requirements under each zone district,Section 10-Definitions Animal Units,Kennel,etc.) Dogs at large(Ordinance 88-G.) Animals in road right-of-way(C.R.S.35-46-105) Cruelty to animals(neglect/dead right-of-way.) Discharge from a confined animal feeding operation. (Any discharge of water or effluent which has come into contact with the pens or livestock that is discharged off of the property into a ditch,stream,road right-of-way,etc.) (See Confined Animal Feeding Operation Control Regulations-5 CCR 1002-81) _ Water on Roadway(C.R.S.43,43-5-303) Other (( [, �q 7l/_ 1 1 N TES:ab -30 e of c bitris lh hare/JYr(n'/ , 1/]h C/, 6-/G p&Yia7, //�� // o rk` elror a 1 3'{a'le ,�/e s. ' O 1 ce /'l PQ!-[/r captor; ins 1`n LV` �{ T� D d �j ���1' 'TA`Of s 6 j'd5 GZ7h�.e 7rC6tn C oitev'l ma7, h UGCar2 jt�D I CD00I/0399 / C 191 2058068 08f0U2002 04.04P Web County 00 1 of 1 R 800 D 34.70 J,A."Saki Tsupmot° RECORDER'S MEMORANDUM THIS DOCUMENT WAS FOUND WARRANTY DEED TO BE INADEQUATE FOR SCANNING PURPOSES, D� THIS DEED,made this 21st day of May,2002,between Mark A.Brown of County of Weld,State of Colorado,grantor,and Linda L Bigley whose legal address is 268 Weld County Road 53,Keenesburg,Colorado 80643,grantee: WITNESSETH,That the grantor for and in consideration of the sum of Three Hundred Forty-Seven Thousand and 00/100($347,000.00),the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and aconveyed,and by these presents does grant,bargain,sell,convey and confirm,unto the grantee, his heirs and assigns l% forever,all the real property together with improvements,if any,situate,tying and being in the County of Weld and State 1Le of Colorado described as follows: LOT 0 AS RECEPTION NO.275850,RECORDED APARTFTION THE NII//2 OF TJHE W I/4 OF SECTION 33,TOWNSHIP I JANUARY 24, NORTH,RANGE 63 zJ WEST OF THE 6Th number Y OF WELD,nunSTATE COLORADO.u Co 80643 .l� � Also known by street and number as:268 Weld County Road 53, 8• TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof, and all the estate, right,title,interest,claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. unto the TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, grantee,his heirs and assigns forever. And the grantor,for himself,his heirs,and personal representatives,does covenant, grant,bargain,and agree to and with the grantee,his heirs and assigns.that at the time of the ensealing and delivery of these presents, he 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 and clear from all former and other grants,bargains,sales, liens,taxes, assessments,encumbrances and restrictions of whatever kind or nature soever,except General taxes for the current year and subsequent years and subject to easements,restrictions,reservations,covenants and righb of way of record,if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.The singular number shall include the plural,the plural the singular,and the use Of any gender shall be applicable to all genders. IN W IITNNESS WHEREOF,the grantor has executed this deed on the date set forth above. iC�' rk A. 1iE'.c t7/ fNark A rown RRR STATE OF COLORADO County of WELD The foregoing instrument was acknowledged before me this 21st day of May,2002 by Mark A.Brown. My Commission expires: P.h./05 21 z be at/ Notary Public VALbDE L ItAYN ISEALI NOTARY PUBLIC STATE OF COLORADO • RE-RECORD WITH CORRECT LEGAL • IIIIII 11111/III111111/III 1111111111111 III liii WHLsx 3123197 11/03/2003 04:30P Weld County,CO .. _ _.__.....�•---- 1 of 1 R 8.00 D 0.00 Steve Moreno Clerk 8 Recorder ', 7 .. $ t 1 t 1016‘..-.1);111 {r is#C.CVIII.'. 1 . I I _ • • l ' Ii • i 1 , ` I A: . I. \ \. *1 A �' / • U pl 711 i P.-„ ,r,„., ,,.. .,, ,_ 7 ... . s, • rill-IR" ' i • -,t ff+ II�I���`� mss X�t�'1'.' �- I -• - , r ff a `1i-, /f r I C i Ai. I i _ h ' r r .t tom`^ r ‘ �t . 2% .'...r-.4 -� R.1V Mf J4i +Q.i%� '2, _rJ Ili , C LO 4 i t •rr .y' ! ' ra h r , •)Il F i {. / 4 .. r• ' r , r {� . Y�• ../5.1f14 4 • ) Ty ' ,4• a )gyp, •L r� Sti 5 ,4 '1 Sr' � flee s � ! � Sr 4 F r ` � ��/� Rf ,�(_�P '•it' itt ' fri':e �71' ",♦ •�'r w,~%ir r r,� r }, �i �T•n+ fir i Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Linda Bigley Violation: VI-0300325 Address: 268 CR 53, Keenesburg, CO 80643 Legal: Lot B of RE-2600 also known as part of the N2SW4 of Section 33, T1 N, R64W of the 6th P.M., Weld County, Colorado Location: East of and adjacent to CR 53 and approximately'/.mile North of CR 2 North: Agricultural with minimal residences South: Agricultural with minimal residences East: Agricultural with minimal residences West: Agricultural with minimal residences Parcel Number: 1475-33-0-00-014 Acreage: 69.35 +/-Acres Certified mail date: January 21, 2004 Received: January 26, 2004 April 14, 2004 April 19, 2004 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 and 23-3-40.H of the Weld County Code. REMEDY To bring the property into compliance, the number of"Household Pets"shall be reduced to a total of 16 (sixteen) or a Use by Special Review application shall be completed and submitted to the Department of Planning Services. RECOMMENDATION The Department of Planning Services recommends that this case be referred back to the Department of Planning Services pending review of the proposed code changes. CASE HISTORY October 21, 2003 Initial complaint received. October 28, 2003 E-mail sent to County Attorney's Office for clarification. October 17, 2003 Initial inspection completed by Animal Control. November 5, 2003 Five day compliance encouragement letter issued. November 10, 2003 Violation letter issued. January 15, 2004 Property inspected. Property remains in violation. January 21, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. O;6c4 _ °V9S Ms.Bigley Page 2,VI-0300325 February 10, 2004 At the Violation Hearing, the Board of County Commissioners continued this case to April 13, 2004. April 1, 2004 Bruce sent her letter requesting her presence for a Work Session. April 13, 2004 At the Violation Hearing, the Board of County Commissioners continued this case to June 22, 2004. April 14, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. Ms.Bigley Page 1 of 2, VI-0300325 S hk DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US W.CO.W ELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970)353-6100, Ext. 3555 Q Fax (970) 304-6498 • COLORADO April 14, 2004 Ms. Linda Bigley 268 CR 53 Keenesburg, CO 80643 Subject: VI-0300325, Lot B of RE-2600 also known as part of the N2SW4 of Section 33, Ti N, R64W of the 6th P.M., Weld County, Colorado Dear Ms. Bigley: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on February 10, 2004, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article III, Div 1 "A (Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by special review." Section 23-3-40.H "Kennels, subject to the additional requirements of Section 23-4-400." To bring the property into compliance: As we discussed, the code allows you to have a total of 16 household pets as long as they are more than 1 (one) species (i.e. birds (different types), dogs, cats, etc.). More than 16 total household pets would require a Use by Special Review application to be completed and submitted to the Department of Planning Services. KENNEL: Any place other than a PET SHOP or veterinary clinic or HOSPITAL,where five(5) or more HOUSEHOLD PETS of one (1) species, or a total of eight (8) or more household pets of two (2) or more species, are kept or maintained. Property that is zoned (A) Agricultural and not pad of a platted subdivision or unincorporated town and which is larger than ten (10)acres shall be permitted to keep or maintain eight(8) HOUSEHOLD PETS of one(1)species or sixteen(16)HOUSEHOLD PETS of two(2)or more species without being considered a KENNEL. HOUSEHOLD PETS:Any nonvenomous species of reptile and any domestic dog,domestic cat,rodent,primate or bird over the age of six(6)months; provided, however,that members of the order crocodilia (e.g. crocodiles, alligators, etc.), gorillas, orangutans, baboons, chimpanzees, member of the class apes, order falcons(e.g. hawks,eagles, vultures, etc.), and animals defined as LIVESTOCK herein, shall not be considered to be HOUSEHOLD PETS for the purpose of this Chapter. (Note: See definitions of EXOTIC ANIMALS, LIVESTOCK and KENNEL.) Ms.Bigley Page 2 of 2, VI.0300325 This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative • be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned ViolationHearing 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, (7 ` t� f i Bethany Salzman �_ -'C� ru Zoning Compliance Officer \�i a e z a; u • 2 ❑ ❑ 12 O o 0 0 . pc: V1-0300325 ' Li — a Department of Planning Services g = $ Bruce Barker, County Attorney • E S g 2 m E ou. a. • E k) n z p • 2V o w ¢ o r9 U.S. Postal Service'., o d ° ° ° a- CERTIFIED MAIL, RECEIPT y . . Z ro m (Domestic Mail Only;No Insurance Coverage Provided)- F g a v o m C > N N O a p•r•elivery inf•rmati•n visit•ur websile at vlww.us•s.c - W 3 �, a' v t , = t ru CI Postage $ U d K d ci .11 ix O 5 rR 15 Ill CI Certified Fee CI X Posunark ,a - C Return Redept Fee Hem y .7 .4, O (Endorsement Required) m Ls d .:.- M E r�-1 (Enddor�seed meDelivery lRequirredd)) — Ey m .e O CI • orator T r.. rl Total Postage 8 Fees $ 1' o at�,o r ...I- iny o..."«W — P`o._ O MI Sent To -- -•¢• En 03 w o _MS_t_LINRA_flGkEY z co d t a € w _N co e.Po BoxN . 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