The URL can be used to link to this page

Browse Search

Home My WebLink About20030146.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST PURVIS PROPERTIES, LLC, C/O DAVID PURVIS 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, Purvis Properties, LLC, do David Purvis, VI #0200606, 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 January, 2003, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Purvis Properties, LLC, do David Purvis, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until April 14, 2003, to allow adequate time for the property owner to remove the concrete and wood from the property 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 #0200606 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Purvis Properties, LLC, do David Purvis, 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 April 14, 2003, to allow adequate time for the property owner to remove the concrete and wood from the property. 2003-0146 PL0824 06 , PL , ow VIOLATIONS -VI #0200606 - PURVIS PROPERTIES, LLC, C/O DAVID PURVIS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of January, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: f I;':'',4 La EXCUSED 44. vi E. Lon , C it Weld County Clerk tot IP.. a �1 Robe . Masden, Pro- em BY: % . �/ .; . _I� , Deputy Clerk to the B.: . Jt Geile SPPf2O D AS T FO EXCUSED DATE OF SIGNING (AYE) William H. Jerke ounty Attor y , -Cecc )) Glenn Vaad Date of signature: 2003-0146 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Purvis Properties, LLC do Mr. David Purvis Violation: VI-0200606 Mailing Address: 6043 Hwy 60, Johnstown, CO 80534 Situs Address: 9598 CR 46.5, Milliken Legal: Part of the W2SE4 of Section 10, T4N, R67W of the 6th P.M., Weld County, Colorado Location: South of and adjacent to CR 46.5, 1/2 Mile East of CR 19 North: %Mile South of Milliken City Limits and Highway 60 South: Adjacent to Milliken City Limits East: Adjacent to Milliken City Limits West: 1 Mile East of Johnstown City Limits also Agriculture/Residential Parcel Number: 1059-10-0-00-009 Acreage: 75.00 Certified mail date: December 12, 2002 Received: December 18, 2002 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 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" consisting of trash, wood, tires, branches, concrete, buckets and miscellaneous debris shall be removed or screened from all adjacent properties and public rights-of-ways. RECOMMENDATION The Department of Planning Services that this case be referred to the County Attorney's Office, but to delay action for 30 days to allow time for the concrete and wood to be removed from the property or adequately stored or utilized. CASE HISTORY October 20, 2002 Initial complaint received. October 21, 2002 Initial inspection completed. October 23, 200? Five day compliance encouragement letter issued. October 28, 2002 Received 7 (seven) page response from Mr. Purvis. October 29, 2002 Violation letter issued along with response. 2003-0146 Violation Summary Cont. Page 2,VI-0200606 November 6, 2002 Received 2 (two) page response from Mr. Purvis. November 7, 2002 Staffs response was sent to Mr. Purvis along with sections of the Weld County Code. December 12, 2002 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. December 20, 2002 Mr. Purvis submitted a letter to the Board of County Commissioners (6 pages). December 20, 2002 Property Inspected. Property remains in violation. December 20, 2002 Advised Mr. Purvis of inspection findings via telephone. y 't _ " S ' ' - - - i i �` } r •tom. - L#. - , ."" .t..1- ' _ ---- - 4 .�'et-Z,cyr<i. �:r t - r - — ,r w --r - %:::.'-..: -•=S..Y.'^� n_ _ 1 - �� r'f : \,.. �., i4 Ik .L • r• , ` . 1 " •.- l y�r y 1 . �I \,.. 'Yri 1 \it.}. 1kr�. lir i • _ - .. • ,. ,, ' .S..":::'' ``. , /! 11. 1 t , 1 Ia t!1 rt - rf -e.�"si`l .Ti _+x - . r..1 r‘ t, se-A.S."; . . . ." - _ S _ - -...,_ ....-_ at.11-.6..J.........:-.11. -r..- . . ` — - - r • 0 a r \ '9 r; - ri- l. it` _ia• e , .4 M.: . • s .. i • • • • O i ` stk; Weld County Department of Planning Services Inspection Report 1555 N. 17t Avenue COLORADO Greeley,CO 80631 \ Permit/Case No.: \'.1.; [..t'.. 1.7)k )( • Property Owner Name: >L.�,..kT 1 : ) ) LI L. p � �� l t�J�, Address: L-.11 ,)":: , Upon a visual inspection of the property listed above,the following items were noted:. -1 L;,-`,C pc(-AC c �if�i F1+✓'w ; 1�' �r r,. ' ;4:.C Inspection by:'}�) ContactName: f'J)(:i.,t 4e-Y- • Contact Phone Number: 970-353-6100,Ext. 3540 Copy of this inspection was: 0 Left on site t Mailed on: ataNaa Pictures on file: IYes 0 No aLt/Ca, WELD COUNT Y 2@2 DEC 19 Ali 9: 28 Weld County Planning Department GREELEY OFFICE. RECEIVED DEC 2 0 2002 RECEIVED Weld County Commissioner Glenn Vaad " December 17, 2002 Weld County Commissioner Mike Geile 915 Tenth Street Post Office Box 758 Greeley, Colorado 80632 Re: Weld County action number VI-0200606, Purvis Properties, LLC (PP, LLC) Dear Commissioner Vaad and Geile: Thank you for investing the time in responding to me today per my call of December 16, 2002 regarding the aforementioned matter. Your involvement is appreciated. Please be advised that, as evidenced by the enclosed supporting documentation, PP, LLC incurred an expense of$740.00 to remove items left and and dumped by others (i. e. non corporate members) on the site in question. The work, done by Curt Jordan Enterprises, was done on November 23, 2002 and paid for on November 23, 2002. Curt Jordan Enterprises employed three men, a loader, and a rolloff dumpster in removing the items. This expense represents a considerable percentage of the income that was derived by the production of hay and sugar beets grown on the farm in 2002. Please be further advised that, as referenced in previous correspondence regarding this action concrete found on the site is resultant from an illegal dumping. I personally went to the site with a Weld County Sheriffs Deputy for complaint purposes. Additionally, an owner of a neighboring farm has dispatched trespassers dumping from the site when he has observed them, however the individual does not have the powers of law enforcement. I have, for a number of years, maintained a working agreement with a resident on Weld County Road 46 requesting I be contacted when any tresspassing activity is noted. That party, in fact, came to the site when I was arranging the work with Curt Jordan Enterprises to investigate however I realize it is not reasonable to expect non law enforcement individuals to expose themselves in stopping criminal activity or attempt to control the actions of criminals. I invite you to visit the visit the PP, LLC farm at 6043 Highway 60, Johnstown, Colorado 80534 at your earliest convenience or when you might be out viewing the county. We receive ongoing compliments on its appearance. As opposed to the site in question, this farm can be monitored and patrolled by me. This property, while subject on an ongoing basis to vandalism, trespassing and littering, is observable and controllable, at least during daylight hours from corporate headquarters. Again, thank you and I look forward to contact regarding this matter from the appropriate Ply T your/ its D id L. is Purvis Properties, LLC enclosures Curt Jordan Enterprises . t r ce/( - .79 5- O 356-2104 .'reley Co/o Sso63,/ . Estimated: Job Description: Actual: f /ce_ of i or j9 • +re, / 19 e b i' ; j e yv.er ihC. ice) y;t r 1 ,� 4/10 r • Dump Fee: Actual: - • _SIMISIONSIMPIO• ,.. ... Total: 4-"e/V .6'�, • p• 4 , : •t) , cJrA e?P V 1\-2"1 `2 1 anateinet co aan SAS AM PK nus ie d1 1381 onaa a w CLOTOOCIGNIC 1 1 L fLtlt� alliaart 4384 100000 11.1:1000 11 /27/02 1381 740 . 00 Curt Jordan Enterprises • Recycling • Demolition • Clean Up Anytime Free Estimates GreeleyCell 302-3950 GRACE COMMUNITY CHURCH 12-3-2002 JOHNSTOWN, COLORADO TO WHOM IT MAY CONCERN; OUR SEARCH FOR OLD WEATHERED WOOD HAS BROUGHT US TO PROPERTY OWNED BY MR. DAVE PURVIS. HE HAS AGREED TO DONATING THIS WOOD FOR OUR CHRISTMAS PLAY PROJECT AND HAS INDICATED THAT THIS WOULD SERVE A USEFUL PURPOSE TO HIM IN TERMS OF DECREASING THE AMOUNT OF WOOD TO FULFILL A REQUEST MADE BY WELD COUNTY AUTHORITIES. SINCERELY, WARD EICHER 1120 COUNTRY ACRES DR. JOHNSTOWN,COLO. 587-5214 ClC i.C. O4— I tee '1�""4 a cr ,/') DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US 1 E-mail Address: bsalzman@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone (970) 353-6100 Fax (970) 304-6498 COLORADO December 12,2002 Purvis Properties LLC do Mr. David Purvis 6043 Hwy 60 Johnstown, CO 80534 Subject: VI-0200606, Part of the W2SE4 of Section 10,T4N, R67W of the C"P.M.,Weld County, Colorado Dear Mr. David Purvis: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 14, 2003, at 10:00 a.m., to consider the violations occurring on the property. As we discussed the above mentioned property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Article lll, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right" Section 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial junkyard." To bring the property into compliance the following option(s)are available: The"Noncommercial Junkyard"consisting of trash, wood,tires,branches,concrete, buckets and miscellaneous debris shall be removed or screened from all adjacent property owners and public rights-of-way. 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 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, lease call me."'"`- �.. ..- �.,."..,,...,,, Sincerely, Bethany Salzma Zoning Compliance Officer pc: VI-0200606 Department of Planning Services Bruce Barker, County Attorney a • DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US I E-mail Address: bsalzman@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone (970) 353-6100 Fax (970) 304-6498 COLORADO December 12, 2002 Purvis Properties LLC do Mr. David Purvis 6043 Hwy 60 • Johnstown, CO 80534 Subject: VI-0200606, Part of the W25E4 of Section 10,T4N, R67W of the 6t° P.M.,Weld County, Colorado Dear Mr. David Purvis: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 14, 2003, at 10:00 a.m., to consider the violations occurring on the property. As we discussed the above mentioned property is in violation of the following Section(s) of the Weld County Code: Chapter 23,Article Ill, Div 1 "A(Agricultural)Zone District" Section 23-3.20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23.3-30.1 "Noncommercial junkyard." To bring the property into compliance the following option(s)are available: The"Noncommercial Junkyard"consisting of trash,wood,tires, branches,concrete, buckets and miscellaneous debris shall be removed or screened from all adjacent property owners and public rights-of-way. 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 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 Salzma Zoning Compliance Officer pc: VI-0200606 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY Y Y U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) rr- Postage $ C Certified Fee Postmark t1T Return Receipt Fee Here (Endorsement Required) ru c3 Restricted Delivery Fee CI (Endorsement Required) @ Total Postage 8 Fees $ fU Lri Recipients Name (Please Print Clearly)(To be completed by mailer) C PURVIS PROPERTIES, LLC C/0 DAVID PURVIS o Street,Apt.No.;or PO Box No. o 6043 HWY 60 O CI tale,ZIP+4 r` JOHNSTOWN, CO 80534 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A.'Signature item 4 if Restricted Delivery is desired. / /Or,- Cl • Print your name and address on the reverse /) ,('-----M41,2 L ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, ,j /'f-O2 or on the front if space permits. 1. Article Addressed to: Is delivery address different from item 1? ❑ Yes If YES,enter delivery address below: ❑ No PURVIS PROPERTIES, LLC C/O MR. DAVID PURVIS 6043 HWY 60 JOHNSTOWN, CO 80534 3. Service Type .. XXXXertified Mall O Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7000 0520 0025 0404 6896 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 tocrr , DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division C Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us O 1555 N. 17th Avenue, Greeley, COC 80631 Phone: (970) 353-6100, Ext. 3540 COLORADO Fax: (970) 304-6498 November 14, 2002 Ms. Linda Koenigsknecht 457 South Ursula Milliken, CO 80543 Subject: VI-0200606, Part of the W25E4 of Section 10, T4N, R67W of the 6'" P.M.,Weld County, Colorado Dear Ms. Koenigsknecht: As I indicated through our telephone conversation earlier today,attached is a complete copy of my violation file. 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. Sin erely, Bethany Salzman Zoning Compliance Officer pc: VI-0200606 SERVICE,TEAMWORK,INTEGRITY,QUALITY j;I I Is DEPARTMENT OF PLANNING SERVICES Code Compliance Division lung 0 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. 3540 Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE November 7, 2002 Purvis Properties LLC do Mr. David Purvis 6043 Hwy 60 Johnstown, CO 80534 Subject: VI-0200606, Part of the W2SE4 of Section 10,T4N, R67W of the 6`h P.M., Weld County, Colorado Dear Mr. David Purvis: 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 23-3-30.1 "Noncommercial junkyard." To bring your property into compliance with the Weld County Code: The"Noncommercial Junkyard"consisting of trash,wood,tires,branches,concrete,buckets and miscellaneous debris shall be removed or screened from all adjacent property owners and public rights-of-way. In your last letter, you requested a copy of the code. Therefore, I am mailing you a copy of the pertinent information (Agricultural Zone District). If you wish to receive additional information from the Weld County, there are 3 (three) options: 1.) You can come to the office and review the code(free of charge). 2.) You can purchase the code through the"Clerk to the Board's Office"(somewhat expensive). 3.) You can review it on-line as previously indicated. Most public libraries have the internet available to the public. You also requested permission to bring in 1,500 piglets,feeder pigs,gilts,sows and boars,in any combination,numbering up to,but not exceeding 1,500. This is a Use by Right in the Agricultural Zone District and the Department of Planning Services would not have any objection. However, I would strongly suggest that you contact the Department of Public Health and Environment to learn what state, federal or county regulations may govern that prospect. Their telephone number is(970)304-6415 Ext.2702 or you can write them at the same address,but instead,mail it to Department of Public Health and Environment. - + - - 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 had 30(thirty) days from , October 29, 2002, 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. Mt Purvis Page 2 Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter,or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany S Zoning Compliance Officer pc: VI-0200606 Department of Public Health and Environment Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY ARTICLE III Zone Districts Div. I. A (Agricultural)Zone District Sec.23-3-10. Intent. Agriculture in the COUNTY is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business,industrial and residential land USES. The A(Agricultural)Zone District is established to maintain and promote agriculture as an essential feature of the COUNTY. The A Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other,incompatible land USES. The A Zone District is also intended to provide areas for the conduct of USES by Special Review which have been determined to be more intense or to have a potentially greater impact than USES Allowed by Right. The A Zone District regulations are established to promote the health,safety and general welfare of the present and future residents of the COUNTY. (Weld County Codification Ordinance 2000-1) Sec.23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected,structurally altered,enlarged or maintained in the A Zone District except for one(1)or more of the following USES. Land in the A Zone District is subject to the schedule ofbulk requirements contained in Section 23-3-50 below. USES within the A Zone District shall also be subject to the additional requirements contained in Articles IV and V of this Chapter. A. One(1) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS per LEGAL LOT. B. One(1)SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS on a parcel of land created under the provisions of Chapter 24,Article VIII of this Code. C. FARMING,RANCHING and GARDENING. D. Cultivation,storage and sale of crops,vegetables,plants,flowers and nursery stock raised on the premises. E. TEMPORARY storage,in transit,of crops,vegetables,plants,flowers and nursery stock not raised on the premises and not for sale on said premises. F. Cemeteries. G. Grazing of LIVESTOCK. H. Feeding of LIVESTOCK within the limitations defined in Section 23-3-50 below and Section 23-4-710. I. OIL AND GAS PRODUCTION FACILITIES. J. PUBLIC parks and PUBLIC recreation facilities. K. PUBLIC,SCHOOLS and PUBLIC SCHOOL extension classes. 1 L. UTILITY SERVICE FACILITIES. M. Alcohol production which does not exceed ten thousand(10,000)gallons per year,provided that alcohol and by-products will be used primarily on the owner's or operator's land. N. TEMPORARY group assemblages(subject to Chapter 12,Article I,of this Code). O. Asphalt or concrete batch plant used temporarily and exclusively for the completion of a PUBLIC road improvement project. P. MOBILE HOME subject to the additional requirements of Article IV,Division 3 of this Chapter. Q. Police and Fire Stations or Facilities. R. Borrow pits used TEMPORARILY and exclusively for the completion of a PUBLIC road improvement project. S. MANUFACTURED HOME subject to the additional requirements of Section 23-4-700 of this Chapter. T. ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in Section 23-3-50 D below is not exceeded and where the vehicular traffic generated by the boarding activity is less than sixty(60)trips per day to and from the property. U. One(1)microwave,radio,television or other communication transmission or relay tower seventy(70)feet or less in height per LOT. However, while in use, an amateur(HAM)radio operator's crank-up antenna may be extended to a maximum of one hundred fifty(150)feet in height,provided that its resting or"down"position does not exceed seventy(70)feet in height. More than one(1)tower may be permitted as a USE by special review. V. Disposal of domestic sewage sludge subject to the additional requirements of Article IV,Division 6 of this Chapter. W. Disposal of DOMESTIC SEPTIC SLUDGE subject to the additional requirements of Article IV,Division 7 of this Chapter. (Weld County Codification Ordinance 2000-1) Sec.23-3-30. Accessory uses. The following BUILDINGS,STRUCTURES and USES shall be allowed in the A Zone District so long as they are clearly incidental and ACCESSORY to the USES allowed by right in the A Zone District. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the bulk requirements contained in Section 23-3-50 below. ACCESSORY USES within the A Zone District shall also be subject to the additional requirements contained in Articles IV and V of this Chapter. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter(August 25, 1981)on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling subdivisions of less than ten(10)acres shall not exceed four percent(4%)of the total lot area, except in the Mixed Use Development Area(MUD),which shall adhere to MUD development standards. However, in no case shall such an accessory building exceed twice the gross floor area of the primary residence on the lot except by variance. Any accessory structure made nonconforming by application of this Section may be repaired,replaced or restored in total. A. STRUCTURES for storage of equipment and agricultural products. B. BUILDINGS for confinement or protection of LIVESTOCK,within the limitations defined in Section 23-3- -2- 50 below. C. MOBILE HOMES used as SINGLE-FAMILY DWELLINGS for persons customarily employed at or engaged in FARMING, RANCHING or GARDENING subject to the additional requirements of Article IV, Division 3 of this Chapter. D. HOME OCCUPATIONS. E. OFFICE incidental to the operation of the USES Allowed by Right as listed in Section 23-3-20 above. F. MOBILE HOME subject to the additional requirements of Article IV,Division 3 of this Chapter. G. Roadside stands when the products offered for sale are grown on the premises. Such stands shall be situated not less than fifty(50)feet from the PUBLIC right-of-way. H. SIGNS,in conformance with the provisions of Article IV,Division 2 of this Chapter. I. Noncommercial junkyard. .1. Any other STRUCTURE or USE clearly incidental and ACCESSORY to the operation of a Use Allowed by Right in the A Zinc District. (Weld County Codification Ordinance 2000-1) Sec.23-3-40. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed,occupied,operated and maintained in the A Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II,Division 4 of this Chapter. A. Mineral resource development facilities including: 1. OIL AND GAS STORAGE FACILITIES. 2. OIL AND GAS SUPPORT AND SERVICE. 3. Open pit MINING and materials processing,subject to the provisions of Article IV,Division 4 of this Chapter. 4. Asphalt and concrete batch plants. 5. Coal gasification facilities. 6. MINING or recovery of other mineral deposits located in the County,subject to the provisions of Article IV,Division 4 of this Chapter. B. Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis,including: 1. Sorting,grading and packing fruits and vegetables for the grower. 2. Grain and/or feed elevators. 3. Crop dusting or spraying operations facilities(includes hangars,landing trips,fertilizer storage facilities, -3- insecticide storage facilities,fuel storage facilities and OFFICES ACCESSORY to the crop dusting or spraying operation). 4. Farm equipment sales,repair and installation facilities. 5. Veterinary clinics or hospitals. 6. Grain and feed sales. 7. Commercial grain storage and drying. 8. Fertilizer storage,mixing,blending and sales. 9. Seed production,processing,storage,mixing,blending and sales. 10. Animal training and boarding facilities. 11. Alcohol production exceeding ten thousand(10,000) gallons per year or the sale or loan of alcohol occurring to any other person not involved in the alcohol production operation. 12. Animal waste recycling or processing facilities. 13. Custom meat processing. 14. LIVESTOCK sale barns and facilities. 15. Forage dehydration facilities. 16. LIVESTOCK CONFINEMENT OPERATIONS. C. Recreational facilities and USES including: 1. Race tracks and race courses. 2. DRIVE-IN THEATERS,subject to the provisions of Section 23-4-410. 3. Golf courses. 4. Shooting ranges,subject to the provisions of Section 23-4-370. 5. Guest farms and hunting lodges. 6. Fairgrounds. 7. PUBLIC, commercial or private tent or RECREATIONAL VEHICLE camping areas. D. Public Utilities facility,including: 1. Equipment storage or repair facilities,subject to the provisions of Section 23-4-420. 2. Storage tanks,subject to the provisions of Section 23-4-420. -4- 3. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES,subject to the provisions of Section 23-4-420. E. PUBLIC and quasi-PUBLIC BUILDINGS including: 1. Churches. 2. Private SCHOOLS. 3. Administrative OFFICES or meeting halls for agricultural organizations. F. AIRPORTS and AIRSTRIPS. G. JUNKYARDS or salvage YARDS. H. KENNELS,subject to the additional requirements of Section 23-4-400. I. Solid Waste Disposal sites and facilities,subject to the additional requirements of Section 23-4-380. J. Keeping,raising or boarding of EXOTIC ANIMALS. K. One (1) or more microwave, radio, television or other communication transmission or relay tower over seventy(70)feet in height per LOT. L. One(1)SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 23-3- 20 A above. M. MULTI-FAMILY DWELLINGS for persons customarily employed at or engaged in FARMING, RANCHING or GARDENING. N. Expansion or extension of NONCONFORMING USES. O. HOME BUSINESS. P. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four percent(4%)of the total lot area, as detailed in Section 23-3-30 above,per BUILDING on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan field prior to adoption of any regulations controlling subdivisions. Q. ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in Section 23-3-50 D below are exceeded and/or the traffic that is generated by the boarding activity exceeds sixty(60)trips per day to and from the property. 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. S. CHILD CARE CENTER. T. BED AND BREAKFAST FACILITY. U. USES sii3,ilar to the USES listed above as Uses by Special Review as long as the USE complies with the -5- • • general intent of the A Zone District. (Weld County Codification Ordinance 2000-1) Sec.23-3-50. Bulk requirements. The following lists the bulk requirements for the A Zone District. A. Minimum LOT size: • 1. Irrigated: eighty(80)acres. 2. Dry: eighty(80)acres. B. Minimum SETBACK: twenty(20)feet. Fences are not required to comply with the minimum SETBACK and may be located on the property line. Fences located on corner lots abutting public rights-of-way shall not obstruct the view of vehicular traffic at an intersection: C. Minimum OFFSET: three (3) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater. Fences are not required to comply with the minimum OFFSET and may be located on the property line. D. Maximum number of ANIMAL UNITS permitted per acre: four(4)per acre or portion thereof. E. No BUILDING or STRUCTURE,as defined and limited to those occupancies listed as Groups A,B,E,H, I,M and R in Table 3-A of the 1997 Uniform Building Code,shall be constructed within a two-hundred-foot radius of any tank battery or one-hundred-fifty-foot radius of any wellhead. Any construction within a two-hundred-foot radius of any tank battery or one-hundred-fifty-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Section 23-6-10 C. (Weld County Codification Ordinance 2000-1) Also,I have included the appropriate definitions: DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power);or is partially or totally dismantled;or has all or portions of its body work missing or is substantially damaged;or is not registered with the State of Colorado,as required by Section 42-3-103,CRS,or by Sections 42-3-138 or 42-12-102,CRS,and/or the number plate assigned to it is not permanently attached to the vehicle,as required by Section 42-3-123, CRS;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, CRS. 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. NONCOMMERCIAL 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. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES. 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 wom,deteriorated, or obsolete as to make them unusable in their existing condition. -6- Weld County Planning Department GREELEY OFFICE NOV 6 2002 RECEIVED Bethany Salzman Sunday, November 3, 2002 Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 Re: Correspondence dated 10/29/02, postmarked 10/30/02, received 11/1/02 regarding VI-0200606 Dear Bethany Salzman: Thank you for your prompt attention and response to my initial correspondence regarding the aforementioned matter. Your timeliness is appreciated. Time constraints required an expeditious perusal and analysis of your aforementioned correspondence pertinent to this action which, (in my opinion, in good faith, representing myself as an individual only) could be considered, somewhat frivilous, unnecessarily time and resource consuming, and costly, (said resources being more benefically allocated) however even my quick, initial review revealed some points in need of clarification and/or correction. Please be advised I did not request a copy of the code referenced in your communications (my letter, paragraph 4, page 2) however it is a good idea that I do so. I request the code be mailed for purposes of review by parties more experienced, qualified, and astute in this type of matter than I am so that this action cannot be deemed unilateral. I understand that there may be some State of Colorado statutes pertinent to the intricacies of this type of action. A common misconception exists regarding the internet, (as I noted in observing the — heading on the Weld County stationery) particularly in rural areas. Not every business, individual, or household has access to, or the resources or inclination to obtain, email or the effective internet necessary however everyone has access to the United States Postal System as a less expensive, legally satisfactory alternative method of conveying information and communication. 2 Thank you for your input regarding the involved necessities and constraints of intitating a livestock operation. Circumstances, including this action, dictate that Purvis Properties, LLC consider a higher and better use of the property named in the action for purposes of increasing and/or maximizing income and profit. As I understand, under current regulations a swine operation, including but not not limited to, piglets, feeder pigs, gilts, sows, and boars, in any combination, numbering up to one thousand, five hundred, (1,500) can be intitiated in a short time. This would be a beneficial alternative to the current use of the property; the initial fixed costs could be minimized and quickly amortized and fixed assets quickly depreciated. (Recent new IRS depreciation schedules have been formulated.) Additionally, while it is probably too late to capitalize on the demand for Christmas hams, the timing would parallel the high point of the Easter ham market. Satisfying that demand through conversion of the inventory would generate revenue to pay ongoing expenses. Unless there has been a major policy change that I am not aware of in the methodology Weld County uses to generate income property taxes will be due, in whole, no later that the latter part of April, 2003; said swine sales would assist in the payment of the taxes which undoubtedly translates to a higher and better use of the property in question. Thank you in advance for your assistance. Purvis Properties, LL , 1V,o✓w . L . �✓ Q by: David L. Purvis (a) Manager cc: B. K. Purvis, Attorney at Law cc: Bruce Barker, County Attorney-certified mail cc: Weld County Commissioners, individually and collectively cc: Frank Brothers ,-»---r-% (frf t it l \( IDEPARTMENT OF PLANNING SERVICES iill Code Compliance Division Q 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. 3540 Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE • October 29, 2002 Purvis Properties LLC c/o Mr. David Purvis 6043 Hwy 60 Johnstown, CO 80534 Subject: VI-0200606, Part of the '725E4 of Section 10,T4N, R67W of the tiff P.M.,Weld County, Colorado Dear Mr. David Purvis: The uses on the ab,ve descrLed pzoperty are being considered as a zoning c:,ne violation of Sections of the Weld O unty Code. Currenth, your pro; erty is in violation of Ilia;following Sec:nn(s)of the Weld County Code: Chapter 23,A;1cle III, Div 1 -A(Alin ultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-330.1 "Noncommercial junkyard." To bring your property into compliance with the Weld County Code: The"Noncommercial Junkyard"con:)=;mg of trash,wood tires,branches,concrete,bucKets and miscellaneous debris shall be removed or screened from all adjacent property owners and public rights-of-way. Also,your letter indicated that you wished to see the sections of the Weld County Code in question. I have listed the sections above and the definitions below;however,should you wish to see it personally,please be advised that the Weld County Code is on-line. Please visit the Weld County Home Page at: www.weld.co.r_s.co the Zoning Ordinance is Chapter 23. SCREENED: Construction and mar .tenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of tie Department of Planning Services to lessen the noise,light,heat or visual impacts of a USE on surrounding USES. NONCOMMERCIAL IUNKYARD: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. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES. The NONCOMMERCIAL JUNKYARD shall be totally enclosed within a building or structure or visually SCREENED from al: 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. Mr. Purvis Pagc 2 Also, your letter requested certain answers. Please see below. Your comment was typed out with staff's comments following: PP,LLC has not,nor will it use the area to dump any item in what is deemed a noncommercial junkyard. Law breakers might,and probably will,and items left by others need to be removed by the probable owners. Weld County pursues these cases as it being the ultimate responsibility of the property owner to maintain compliance with the Weld County Code,including,but not limited to a Noncommercial Junkyard. In five days from receipt of this letter PP,LLC will be advised by the Weld County Department of Planning Services what the Weld County Sheriff's Department is doing about the concrete dumped on agriculturally zoned property without permission of PP, LLC. The Weld County Department of Planning Services will direct the Weld County Sheriffs Office to increase patrols in the area,both day and night,to preclude illegal dumping and arrest and prosecute those".ho do. The Weld County Department of Planning Services will also contact the Milliken Police Department to increase pertinent patrolling and observance. As the property owner,you will need to contact the Weld County Sheriff's Office to determine the status of your case regarding the illegal dumping of concrete. The concrete,along with the other mentioned items, are on the property and therefore need to be removed or screened from all adjacent properties and public rights-of-ways. As the property owner,you will need to request extra patrols from the Weld County Sheriffs Office. As the property owner,you will need to request extra patrols from the Milliken Police Department. In li% says from receipt of this letter PP,LLC will be advised of the results of contact made with Mr.Tony Martinez anc' ir.Nolbert Gonzales regarding items stored on+'_,e property. As the property own';,it is your resporsiuility to remove any unwanted itertis left on your propert; :ou will need to contact your pr,:vious tena.,,s if you so desire. If you can supply a complete name, address, itemized list of thier items and phone number we will be more than happy to add their information to this case. In rive days from receipt of this letter PP,LLC will be advised if dairy and/or livestock operations can be commenced on the site for purposes of barn activity so the barn can be used for the purposes it was built. In the Agricultural Zone District you can have 4(four)animal units per acre. My records indicate that this property is approximately 75 acres,thus allowing 300 cattle. If you wish to exceed that number,a Use by Special Review application shall be completed and submitted for review by the Board of Planning Commission and the Board of County Commissioners and would take more than 5(five)days to process. If this is a route that you wish to pursue,I would suggest that you come to the office and speak to one of our"On-Call Planners"(Wednesday,7:30 a.m.-4:00 p.m. or Monday or Friday, 12:00 p.m.-4:00 p.m) Additionally,please be advised that we have opened another location to better serve the public. Our other office is located at 4209 WCR 24.5 (East of 1-25 and North of Highway 119). The Southwest office is open on Tuesdays and Thursdays, 8:00 a.m.-4:00 p.m.. No appointment is necessary at either location because individuals are seen in the order they sign in. Additionally, to save time for you and the planner,please bring this letter with you to the office. ft 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,October 29, 2002, 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. Mr. Purvis Page 3 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, ?YsaIzma Salzma Zoning Compliance Officer pc: VI-0200606 Department of Planning Services Bruce Barker, County Attorney - SERVICE,TEAMWORK,INTEGRITY,QUALITY Weld County Planning Department GREELEY OFFICE OCT 2 8 2002 Bethany Salzman RECEIVED 10\23\02 Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 Re: Correspondence dated 10/23/2002 pertinent to VI-0200606 accompanied by hand written note. (Stating five business day reply required) Information is provided. Please be advised Purvis Properties, LLC. (PP, LLC) is a Colorado Corporation chartered for the purpose of owning materially exclusively agricultural property for the primary purpose of producing, on what can be called a family farm basis, agricultural commodites of hay, corn, pinto beans, and sugar beets. In additon to the property specificed in your correspondence PP, LLC owns a farm west of Johnstown, Colorado which at one time included a dairy operation. The physical address of that property, and corporate headquarters is 6043 Highway 60, Johnstown, Colorado 80534. PP, LLC does not operate now, functionally or by charter or business plan a noncommercial junkyard for profit or nonprofit, a commercial junkyard for profit or non profit, or any kind of junkyard or dumping area for profit or non profit. PP, LLC has a dumpster provided by Browning Ferris Industries (2 cubic yard) at a cost of$41.00 per month (twice a month pickup). This dumpster suffices, and is used, for all trash/junk generated by Purvis Properties, LLC. No member or agent of PP, LLC has ever dumped any item, big or small, of any nature on the site in question. In fact, a member of PP, LLC have done the opposite as will be elaborated in this correspondence. The property in question is approximately six miles from corporate headquarters and my residence, which makes it difficult to visually observe, however it can easily be observed by local municipal law enforcement, who, if observant should be able to see any dumping on site, particularly that generated by any resident of the adjoining subdivision. PP, LLC and its' predecessors have owned both properties for a period approaching if not exceeding one hundred (100) years. In that ownership period PP, LLC and its pertinent predecessors, have paid all applicable TAXES and FEES, including, but not limited to, income and property taxes on each applicable level; county, local, federal and state. for the period of ownership (one .2— hundred-100 years). PP, LLC, and its' predecessors have been a net provider of finds to Weld County as accounted for on a direct expense allocation basis. "Net provider of funds" in this context is a private sector term meaning the payer pays more in taxes and fees than the defined amount of goods and/or services returned by the receiver of the taxes and fees. No member of PP, LLC now receives, has ever received, or, to the best of my knowledge anticipates, receiving Aid to Dependent Children , Public Assistance (welfare) or Food Stamps. All members of PP, LLC has opted for employment in the private sector. (For profit entities as opposed to non-profits). When I, as a member of PP, LLC referred a littering complaint pertinent to Weld County enforcement I was basically told nothing could, or would be done; the complaint was rooted in large amounts of construction debris entering an alfalfa field from construction activity being done in a neighboring subdivision. The debris had to be removed for the purpose of growing the alfalfa and ending the eyesore. In retrospect, a wiser approach might have been to align with a larger entity, for example a large meat processor or possibly a large contractor to gain access to either's business plan. Said plan undoubtedly is more sophisticated than that of PP, LLC as it gains immediate action while that of PP, LLC does not. I am sure things have changed since that period several years ago and now all citizens are treated equally. Your correspondence, as complimented by the hand written note stated (paraphrasing) tires, wood, trash, concrete, and buckets are on the property and that weeds exist and the barn is dilapidated. (The property is posted with no trespassing signs.) PP, LLC is not in possession of the Code referenced in the correspondence subsequently it cannot be reviewed or analyzed. I presume the concrete found on the property is the concrete resultant from an illegal dumping by a party or entity done in conjunction with the development of the subdivision contingent to the east of the property. PP, LLC has utilized the services of the Weld County S)iexiffs Department to mitigate this action. A complaint was filed with a deputy on the sat by me. While solving this crime does not look real bright, and did not at the time, I am sure your contact with the Sheriffs office would be very beneficial in gaining the status of the investigation, or if the investigation has stalled, prompting the Sheriffs 3 department to contact, arrest, and arrange for trial of the responsible entity/party. It really upset me to see concrete, which appeared to be freshly poured, dumped on an agricultural site subsequently the report filed with the Sheriff. PP, LLC sends a lot of money to Weld County every year to help support investigation of these types of crimes against property. Unfortunately I, nor any other member of PP, LLC do not have the powers of investigation of which the Sheriffs Department is empowed. I anticipate your response, by mail, within five days of receipt of this letter, of the results of your conversation with the Sheriffs department. Possibly you, on an intergovernmental basis, could request more patrols to eliminate this dumping activity, your contact and request for more frequent patrols might be more effective than mine. My even greater idea is that the Milliken Police Department patrol the area as I suspect some dumping has been done by residents of the adjacent subdivision. Regarding the weeds, please be advised PP, LLC expends considerable funds every year for the purpose of weed control on this agricultural zoned site primarily in form of spray. If you deem necessary, I may contact the weed board this winter or spring regarding the situation. As you are undoubtedly aware, the margins (profit) in the agricultural sector of the economy are miniscule, if not not existent, if not loss generating. I do not envision that PP, LLC will restore the barn to its previous use as a milking area, nor do I envision a feeding operation. I am sure you, as an employee of Weld County are familiar with the necessity of economies of scale in dairy or cattle feeding operations. It is, for practical purposes, impossible for PP, LLC to renovate the barn to dairy or feed cattle for a number of reasons. I would think the County commissioners would have to approve an dairy operation of any magnitude (probable minimum 1000 milking cows for profitability) or a cattle or hog feeding operation large enough to be profitable. Additionally, as the property is near a subdivision there is the possibilty of complaints from the residents. My experience with the Weld County Commisioners Office is that the office is extiemely professional ang a ttentive too itizgn need. I also like that office's appreciation of military veterans, being one. X d*iry or cattle feeding operation, on a new basis after some time of no animals on site, however, might be asking to much of the commsioners realistically. Please contact that office regarding the barn and if it could be renovated back to dairy use. My observation is that a formal application and possible approval would take a while, even though the property is zoned agricultural. Even if a large dairy is approved on site in, say 4 5-10 days from now, I feel there might be a vague possibilty of odor complaints and we may have to go through another excerise. I do now want to have to go to the Monfort/ConAgra people to see how they are able to function in Greeley on like kind circumstances and ascetain the secrets of their success. Regarding tires, wood, and under the general nomenclature of"trash" found on the property the following information is provided and applicable. The last two tenants in the house specified in your handwritten note were Nolbert Gonzales and family and Tony Martinez and family respectively. I am sure Mr. Gonzales and Mr. Matinez. knew each other on a social basis. During the tenancy of Mr. Martinez he accumulated a number of automobiles and parts of automobiles. Mr. Martinez was a pleasant man however as I recall he was trying to support a family of approximately ten. I recall him specifiying he was receiving some support from Weld County Social Services. The members of PP, LLC have always had a, for lack of a better term, "soft spot" for those less fortunate (if you can be less fortunate than those who derive income from agriculture) and subsequently allowed late rent, etc. and we did not make great demands of Mr. Martinez that were financial in nature. Mr. Martinez did leave for Texas however my notes indicate Mr. Gonzales said Mr. Martinez had left him numerous items, including but not limited to cars, car parts, and tires. As I will, elaborate Mr. Gonzales suffered a (myocardial infarction) heart attack, during his tenancy. I fear that some of the items you refer to as "trash" might be Mr. Martinez" possessions that were not conveyed by agreement to Mr. Gonzales, or belong to Mr. Gonzales. I am hesitant to try to contact Mr. Martinez to retrive his property because he could conceivably contact Mr. Gonzales and possibly cause stress to Mr. Gonzales who, as previoulsy referenced, has heart problems. Additionally, I fear that any action, in my analysis, while intented to be helpful and compliant, could be construed by an attorney as prejudicial. My sugestion is that your office, through use of your intergovernmental abilities, contact Weld County Social Services and get some information, possibly by contacting one of Mr. Martinez's dependents. You could then advise him to retrieve his property through that action. My reasoning is that your office has the benefit of immunity, or at least an insurance policy paid for by the taxpayers who support the entire operation. Or, you could obtain Texas phone books and start calling anyone with the last name "Martinez" and advise Mr. Martinez you are requesting he retrieve his stored items, which may not be labeled with his name on them. As previously stated Mr. Gonzales suffered a heart attack during his tenancy. A basic agreement (unwritten) of Mr. Gonzales' tenancy was that he renovate the house on the property in return for rent. He stated that he had acess to all building materials, including but not limited to, wood, siding, wiring,plumbing, and electrical supplies and that he and his son had the necessary skills. He also mentioned that his wife watched "This Old House" on PBS religiously, and even more after he obtained disc TV on The Home and Garden Channel. His heart attack somewhat preculuded his ability to substantially accomplish any renovation however he legally, probably could possibly think he still owns the supplies. I believe he was last living in an apartment complex in Milliken, possibly, one known as the "Numero Uno" apartments. I am hesitant to, if not totally resistant to contacting him as, in our litiginous society, any stress he might have might be hard on his heart, and as in the case of Mr. Martinez, totally erroneously viewed as prejudicial. Your office, however, has the benefit of or protection resultant from immunity. Please try to locate Mr. Gonzales and have him retrieve what he probably views as stored possessions, including but nor limited to those not labeled without his name on them. He could possibly be contacted by getting Colorado phone books and calling the last name Gonzales. My suggestion is that you arrange for Mr. Gonzales and Mr. Martinez to meet at the same time on sight so that they might discuss an equitable distribution of the property they left, effect a fair settlement in good faith, and remove the items per their settlement. In an attempt to be humanitarian, PP, LLC will waive any storage charges they wish to pay. You may want to utilize the services of an inventory evaluation firm if you feel you2input is necessary to determine fair value between the owners in the event of dispute. I previously specified that a member of PP, LLC had removed dumped items from the site at its sole expense.. That member was me. I personally removed at least three lawnmowers, and two bicycles and various parts thereof Someone also left a couch,. however the style and color of the couch did not blend with the interior motif of any PP, LLC member. The last I noticed someone with more erudite tastes than mine must have taken possession of the couch. Obviously these items were deposited when law enforecement did not have the opportunity to observe. Let's recap the salient points: PP, LLC has not, nor will it use the area to dump any item in what is deemed a noncommercial junkyard. Law breakers might, and probably will, and items left by others need to be removed by the probable owners. In five days from receipt of this letter PP, LLC will be advised by the Weld County Department of Planning Services what the Weld County Sheriffs Department is doing about the concrete dumped on agriculturally zoned property without permission of PP, LLC. The Weld County Department of Planning Services will direct the Weld County Sheriffs Office to increase patrols in the area, both day and night, to preclude illegal dumping and arrest and prosecute those who do. The Weld County Department of Planning Services will also contact the Milliken Police Department to increase pertinent patrolling and observance. In five days from receipt of this letter PP, LLC will be advised of the results of contact made with Mr. Tony Macrunez and Mr. Nolbert Gonzales regarding items stored on the property. In five days from receipt of this letter PP, LLC will be advised if dairy and or livestock operations can be commenced on the site for purposes of barn activity so the barn can be used for the purposes it was built. Your timely response is anticipated. Failure to do so could result in a taxpayer (in essence a shareholder of the county) complaint. Please pardon the brevity of this correspondence. I am willing to provide more facts and information if time permits. PP, LLC does not have the luxury of receiving public funding to sustain its existence subsequently I must now apply my efforts in endeavors that attempt to induce revenue. As your five day requirement did not lend much time for response you may note some typograhical or slight grammatical errors in this corresondence due haste (as previously 1 mentioned the corporation has other thing to do) however those errors due not effect the mat of erb e ',/..4.221A- ror4 L L C 1:4 Purvis Properties, LLC % / 2 Li David L. Purvis (a) manager cc: B. K. Purvis. Attorney at Law cc: Bruce Barker, County Attorney cc: Weld County Commisioners Office certificate of mailing to planning office certified mail to county attorney's office • i Weld County Department of Planning Services Inspection Report p 1555 N. 17`"Avenue COLORADO Greeley, CO 80631 ll V Permit/Case No.: CZ0C cCk—o Property OwnerName: Pul(V1 S P C`c,1L±l(). , Use, Address: Ot1 ( 14(9, Upon a visual inspection of the property listed above,the following items were noted: \13C.. iNk bid 1A_Inik.loisuNz, NKL,ciLk Cam[. a_RfJ \ -c r ew-cc.0 :Tiui-4_yarc ('ka. 'J VOCE — VNOCNC Opp c\r 40 1.. 3c ,i o.k,o Inspection by: -- )-ontactName: Contact Phone Number: 970-353-6100, Ext. 3540 Copy of this inspection was: 0 Left on site [,.Mailed on: tO`Z.Z Z Pictures on file: EYes 0 No --414111 DEPARTMENT OF PLANNING SERVICES Code Compliance Division C ' Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 35353-616100, Ext. 3540 Fax: (970) 304-6498 COLORADO October 23, 2002 Purvis Properties LLC 60'!:' Hwy 60 Zuni•,[own, CO 80534 Subject: VI-0200606, Part of the W2SE4 of Section 10, T4N, R67W of the 6c° P.M., Weld County, Colorado :o ,,:.om it may concern: ara c•sme to the attention of the Dep;:h anent of Planting Services'staff that the.-Ises i•:i your pro!p2. Iy lidy h• ir. compliance with the Weld County Code. Thr potential noncompliance with tho Weld County Code it t:re'euce of a "Noncommerciai Junkyard" consisting of trash, wo,Id, ties, brans' e.., concrete, hurl:ets ;rd r.'i,z:Vern+pus debris. Please contact me within five,,,tor king days of the data- t rSs letter to review these r-ricerns with me. 'ailure to :hc'w progrs or to close tLe 'violation, will resultLI a thirty-day violation notice :ng isst-d r.,dFfree to • me at the above address,telephone number or e-mail address. If you wish to see me personals y, pleas' call to schedule an appointment so that I may reserve a sufficient amount of time with you. :;inceiely, Deth?ny Salz:nan Zonh,g Compliance Officer • pc:VI-0200606 Department of Planning rit,vices Bruce Barker, County Attorney _ SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES Y-^de Comp ance Division Website: WWW.CO.WELD.CO.US CO E-mail Address: rue, aneley, C ld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 COLORAD Fax: (970) 304-6498 October 23, 2002 Ms. Linda Koenigsknecht 457 South Ursula Milliken, CO 80543 Subject: VI-0200606, Part of the W25E4 of Sectiu!; 10,T4N, R67W of the 6'11 P.M., 'NW County, Colorado Dear Ms. Koenigsknecht: As I indicated through our telephone conversation, I will be able to require all of the debris to be removed or screened from all adjacenr properties and public rights-of-ways. This includes, hut is not Guete.'. r„t,, iil• :,`rash. wood, branches, buckets, concrete and miscellaneous debris. I have included the appropriate definitions from tie 'Veld County Cer'e Chapter 23 that pertain to the "Noncommercial Junkyard": DERFt,ICTVEH ICI r,clr-:ha;is,noperatl. ur to a love under its m power;,.•• partially or t, i;smam'C or has all or portion, body work missing c:'s,ubsiantially damaged;or is not re1;b:.±red with the S.../_•of Colorado, as required by See .. d:.-3-':03,CRS,or by Sec:.JC: .F2-3-1 sr,or 42-12-102,CRS,and..,a the number plaie-a.signed to it K not pe-manentl,••. .ad to the vehicle,as c.,;,-:d by Section 42-3-113, CRS; sir is Lisckir3 prc?er eq.•prnentte the extent that itwou1,bt • ,-afcnr illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment as required::Sections 42-4-202 to 42-2-22i,CRS. This definition shall not include;implements of husbandry, farm tractors,or vol.:, 2S customarily operated in a FARMING operation. SCREENED: Con;.•c. ',•r and maintenance of fences, earth berms or the USE of LF.NDSCAPING materials or other — materials USED witn.;,a approval of the Department of Planning Services to lessen the noise, light,heat or visual impacts of a USE on su.roa-r`r'USES. NONCOMMERCI`,: '.s'.KYARL:An area where air waste,JUNK,or used or second hand materials arc sta.-in or handler+, including, but not 11..1'.21 to scrap iron and other metals, paper, rags, rubber tires,building materia:-, bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES.The NONCOMMERCIAL JUNKYARD shall be Iat..Fy 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 ma vinery of any type;used tools,used appliances;used(umber or crates;building materials;fabrication of any material; used pipe or pipe fittings; used.ondLift or conduit fittings;used automobile parts; DLREL C VEHICLES; used tires and other manufactured goods that arc so worn,deteriorated, or obsolete as to make them unusable in their existing condition. _ The house,while obviously abandoned,has already been abated through boarding. The Department of Building Inspections can not require additional efforts. Additionally, while the barn appears to be in dilapidated condition, they do not regulate "Agriculturally Exempt" Structures (which would include most types of barns, such as this). Since a permit is not required to build an "Agriculturally Exempt"Structure,they are not regulated by any standards. Lastly, the weeds were of concern. During my inspection, there did not appear to be any"Noxious Weeds". Due to the vast silt of Weld County, only "Noxious Weeds" are regulated, unless other circumstances exist, such as a "Special Use Permit" (i.e. dairy, kennel, etc.). However, I will have Ron Broda, Public Works,take a look at the site to make an ultimate determination. Ms. Koenigslrnecht Page 2 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 amours of time with you. Sincerely, Bethany Salim Zoning Compliance Officer pc:VI-0200606 SERVICE,TEAMWORK,INTEGRITY,QUALITY s ,AIMS-Cilrix ICA Client a ®Elfl Account Maintenance ra� 1 r File Maintenance - ; �' `.R�(,.- 'l� Cance,!.,-- MOI,Levy -',70894000 k i .M. .- ,:. .c >;.OwiLer Name/Address r --' '' PURVIS PROPERTIES LL �''‘-"F'-÷'e' d- ?w ,yr L gal Descri�Imn€ 84564886 0043 HWY 60 .a, 121482 W"- -4.OZ[2I 3D] s _ Year District JOHNSTOWN CO 80534 2002 0533 - „ rT' Apr Dist St i - A �'IPx r ' e: "' _ Parcel Numher MH Space Seq - t °�'_ _ r.,,„' 1059-10-0-00-009 .� a:- r_;. ,„, y ..t. G - -t- Street No Dir Noll Street Name Type c .+ �� - Location City Location Zip Acct Type Lagt z s Agricultural = -r BACode Owner Id Owner Location Map No -=r �' 'i 2291-1 -- 3 f _CCF,v r� '2i-CI -M14 Business Name Version Y Date Tiole ID Appl New Version „-w siii 20011024000 24-OCT 2001 0339 PM CMH rAIMS = 70021023000 _ ii i . g{�. s'" ®Name ❑Tax J_• tem i.# �,-„ TYPE s ASSD ACRES SO FT rr "Y �� LAND. T444,44:_4::;,418070 �. 5120 Ys75.000 -'° 2,5700403tmi ".f_ ' ' r '. L: [�Pre7Sue *❑Mo¢ Y'ecg:::-U ii`r - r ,7.i' mF '' :— ` -�'- IMPS 4 1 495 , 740 ='930 ' ar s : A,ftiteeCflifouTo'❑❑ aW � cN�-1]dand G$s - _ s- T; xt s<JI ru',.. ¢ ❑Tract ❑Tan Sale �,f 4 ❑Recordm9 • '� a _'m: £iii-A-#'7:?--,1:::(1.'1'4;i:, _ h«'Tli ir-1"."1±:O1 0 Condo U Sp. {;rqt❑ Q Imaging --..-4,_ ] _ TOTAL 19 505 5 360L4 e 5 s ❑Block 14mes' ❑--:5 Ny- - i . "q-.. a a5 • s�. {Sales ❑SIbIirIQ ± - U7 Sketch -`_ Queries ..__ ' ' `n.; �f ,� ®Misc p4U1 FIa9F � .� .R, ACCOUNT 1 - Cur enl Year Prior Version v s - 5'.si©• - k °`r` -- a • r'' -:u Prior Year Ne(xxk Vei'sioln Abatement °P;I at fa i.r.-. .ItF *',- ,4.y�> �,� ,,_" *^ Next Yeark a aracterrstic PropertysCard e '°�,• _ - 'f .+ f'S Clea(. . SAS F-.YII-''" L duty y.:--- - .>'u 3-- ...�-.,`, 'c ^�_x�...- .:r �..-�..._.:. .-.. ....... .. .... ' ` ''^ -r a ,:Wil,S e. = 5 4 Y s �. L 5 s44,tly . .3 Is- `fr.. it .t... ; Start) I GroupWise-M..I IZCorel WordPerf::.I'M PERMITS'Plus ls`�ArcView GI§3...:I AIMS Cilrix lC.:: l i ', ■ '.rcIT:.I Maint•n:nc. _._..- _.. 'x , -2.4„ taut Lv P rcel No 11 059 1 0-0-0 0-0 0 9 � r il. Alt Key 670410 r y. eft @idc F E r •„r,Rnm�ryAddress y ,- Generallniormattnn No c Du:,/ StreetName I Su¢dMston l Lotl -�- -- Fract SectAnA�ddess _- " ' _ , ,r N „ - fr ;Area) 0.00 , s I 75 00 Census;Trad) Cer�@Igdc Primary Owner Infgrmatlpn a d -1 z $ XCoodI iCCoard ' ?-. Leael Description TM. time.IPURVIS PROPERTIES LLC ' 21482 W25E4 10 4-6?(2R 3D) � Address 1; 6043 HWY 60 �. Address 2:IJOHNSTOWN CO Address_ -: 'Ad t ress 4 I - „I ZiP:.,I80534 _ ,- UseCode. JI TRA 0533.. I I Exempt( Pltorie 2:I (ACTIVE ?� Gaut Owned r . Notahon:IAssessors Conversion .- � --_. ;'• ii ' DEPARTMENT OF PLANNING SERVICES Code Compliance Division COQ 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 COLORADO • •V� Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ❑ ZONING CODE COMPLAINT ❑ Staff/Name: g( Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: Pending Case#(i.e. USR,RE,SE,ect...): Legal Description: \1.ac-I a eQ S it'r-I4AIP4 n U) Parcel#: VT-Q-10.O CM.(Mil Violation Address: `T.}ip l;,R Lket/7. Property Owners Name: LY�'1S Pr _n�„e� �_L� Phone: 1 Property Owners Address: t�? kAl LD7 v i ) �'�[�(on, ( ,b `-PA Tenant's Name: Phone: Tenant's Address: `` .. NATURE OF COMPLAINT: `t'\i t4Crr(1I FR F-Cllt Prerfinw,t(fl-I ARC r°1meA -u*-\ once: FIrtnr vi Qd blAC . -\ `C irm041,22n *WS - lfPron- Dp2r, lA>J1.1— Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: ::2413&?6 —24135'6 B-1465 P-1)O(. 11/0:/94 04:41P PG I OF 1 REC DOC Mary Mn Feuersteill Weld Co. . Clerk & Recorder 5.00 QUITCLAIM DEED 1IJIS DEED,Made this 14th day of October ,19 94, t.•:iieen DONALD T. PURVIS the `County of WELD and State of EXEMPT ( dorado,grantor(s),and THE DONALD T. PURVIS TRUST and HE KAY B. PURVIS TRUST, as tenants in common rise legal address is 6043 Highway 60, Johnstown, CO 80534 the County of Weld and State of Colorado,grantee(s), td IT NESSETH,That the grantor(s),for and in consideration of the sum of Ten Dollars ($10.00) and other toad and valuable consideration -- DoUars— t -receipt and sufficiency of which is hereby acknowledged,ha S remised,released,sold and QUITCLAIMED,and by se presents do es remise,release,sell and QUITCLAIM unto the grantee(s), its heirs,successors and assigns, T vet all the right,title,interest,claim and demand which the grantor(s)has in and to the real property,together with i pro'ements,if any,situate,lying and being in the County of Weld and State of ( 'torado,described as follows: rhe west one-half(W3 ) of the Southeast Quarter (SEy) of Section Ten (10) in Township Four (4) North, Range Sixty-seven (67)West of the 6th P.M.; together with all ditch and water rights appertaining to said ,remises, including one and one-half shares of the capital stock of The Consolidated Hillsborough Ditch :Ompany and six (6) shares of The Extension Irrigation Ditch Company. known by street and number as; :c-ssor's schedule or parcel number: 1O HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in :• wise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor(s),either in law or equity, t the only proper use,benefit and behoof of the grantee(s) its heirs and assigns forever. I'4 WITNESS WHEREOF,The grantor(s)has executed this deed on the th 1date set forth above. , �---� ttegio Donal T. Purvis, by I B. Purvis Attorney in Fact STATE OF COLORADO, 55. 8 County of LARIMER 14th October 94, '° Tne foregoing instrument was acknowledged before me this day of ,19a G I. Kay B. Purvis, as attorney-in-fact for Donald T. Purvis. • ?1y 4dinmissioti'expires �'7 /7 Witness my hand and official seal. 8 ell 4* 4 4°44/.03 i ^. Notary Public f i n b`Denver,insert"City and". •1 f - —� Name and Address of Person Cresting Newly Cleated Legal Description(I 38-35-106.5,CR.5.) No.'I 3.l Rev.4-94. QUITCLAIM DEED Bradford Publishing,1743 wane Sr.,Denver,CO 80202—(303)292.2500-6-94 Jan 13 03 08: 31a David L. Purvis 870-587-2382 p. 1 .t. FAX COVER SHEET CO r�w�i�s tb n� To:"4 1JcLD 0,).,„a6. Company: Attention: rtDo 0 A Fax Number. ca-to .- 3 c 2 -O29 From rT i ri>'zv,,, company ,_avt,R2ccrenAla , u_c Fax Number: Phone Number: 4'1O - S9'1- 23 9 z. Dale: ' 1\3}o7--- Time:O 2-S Oa Pages(Including cover): -7-- Message: q I �/ �y / ^ V b (i or) (00C2 O !�' r' t ni_i I O `'�T l 6Y\ � jr ' •E-Ax-a) SeTtcriL-;• F-cto on_ A NYE icy, 20413 (( KH In�I �a r� ° U1/4--- O te A-t1 a /°� R� A- ion Quell' lobe.) � �� C,p,nct2E�- �740 t-• t fL 1 L/fir +7 Uw r-k %2 �1�t.a/tr 0 r4 -1 +k AR-Ea + � QueS4-icon • en) tj i-c7a 0-( 0_,a ell /4' c E kJ.) EC) es) -vb. S t1� ►� i ff- S 0 Ff IcE Vii-- A LI-totem .ANr-2 +-c ITIS4 Ian - A./ <0 ("t,J2. 4 l.► Q+ ' ,.27,2,7r. 1_i_C Jan 13 03 08: 31a David L. Purvis 970-587-2382 p. 2 JANUARY 13,2003 TO WHOM IT MAY CONCERN: DAVID PURVIS AND HIS FAMILY OWN A NEIGHBORING FARM. THE CONCRETE AND TRASH THAT IS IN QUESTION ON THEIR FARM WAS NOT LEFT THERE BY THE PURVIS FAMILY. THE COMPANY THAT LAID THE CABLE LINES IN THE BARROW DITCH STACKED THE DEBRIS ON THE PURVIS FARM. SINCERELY, THOMAS BINDER Hello