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Home My WebLink About20032583.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST LARRY AND BEVERLY TORREZ 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, Larry and Beverly Torrez, VI #0000097, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 9th day of September, 2003, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Larry Torrez, 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 October 9, 2003, to allow adequate time for the property owners to submit a Use by Special Review for Home Occupation or Home Business application to the Department of Planning Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0000097 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Larry and Beverly Torrez 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 October 9, 2003, to allow adequate time for the property owners to submit a Use by Special Review for Home Occupation or Home Business application to the Department of Planning Services. 2003-2583 PL0824 00 : PL(P7), (1l VIOLATIONS - VI #0000097 - LARRY AND BEVERLY TORREZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 14 a/add, FXCIISFn D vidlirR, Chair Weld County Clerk to the Board Ro ert D. Masden, Pro-Tern BY: r -.m •�.. k to the Board FXCI ISFn Ica V r M. J. Geile William H. Jerke -tif S,t, Q jN Glenn Vaad c Date of signature: /C-1-, 2003-2583 PL0824 Mr. &Mrs.Torrez VI-0000097 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Mr. & Mrs. Larry Torrez Dba: Lawncare Aeration Plus, Inc. Violation: VI-0000097 Address: 4720 Kiowa Drive, Greeley, CO 80634 Legal: Lot 2, Block 1, Arrowhead Subdivision, Weld County, Colorado Location: North: South of and adjacent to 37th Street and Evans city limits South: North of and adjacent to Evans city limits; approximately 1/2 mile North of 49th Street East: West of and adjacent to Hill-N-Park West: Approximately%mile East of 65th Avenue Parcel Number: 0959-27-1-06-012 Zoned: Agriculture Certified mail date: August 18, 2003 Received: August 22, 2003 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.D, 23-3-40, 23-3-40.O and 23-3-40.R of the Weld County Code. REMEDY To bring the property into compliance the business shall be permitted either through Home Occupation, Home Business (Use by Special Review)or the business shall be removed from the property. RECOMMENDATION If the Board of County Commissioners feel that this meets the intent of the Home Occupation definition, then the Department of Planning Services that this case be referred to the County Attorney's Office, but to delay action for 30 days to all Mr. Torrez time to submit a Home Occupation application. If the Board of County Commissioners feel that this does not meet the intent of the Home Occupation definition, then the Department of Planning Services recommends that this case be referred to the County Attorney's Office, but to delay action for 90 days to allow Mr.Torrez adequate time to either complete and submit a Use by Special Review application or remove the business from the property. This recommendation is based upon the understanding that, if applicable, the Use by Special Review be completed and submitted to the Department of Planning Services within thirty(30)days. CASE HISTORY February 23, 2000 Initial complaint received. 2003-2583 Mr. &Mrs. Torrez VI-0000097 December 26, 2002 Initial inspection completed. June 19, 2003 Five day compliance encouragement letter issued. July 22, 2003 Violation letter issued. August 15, 2003 Property inspected. Property remains in violation. August 18, 2003 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. August 20, 2003 Mr. Torrez called and asked for a faxed copy of all of the uses allowed in the Agricultural Zone District. • • Vt Weld County Department of Planning Services Inspection Report 1555 N. 17th Avenue oozosano Greeley, CO 80631 • Date of Inspection: . 7 c,(., Pennit/CaseNo.: �,J (JC(~ C\, ••••.... Property Owner Name: -•Ar.:�' • Address: A 2,(} t:.- Upon a visual inspection of the property listed above, the following items were • • noted: Y .. ..A A.,A..$ ,V �Y �. \tik-0( _ )( .,t Insp`ectionby: \c1 Contact Name:"{6'sa\ t.r\ • Contact Phone Number: 970-353-6100.Ext. 3540 Copy of-this i Pictures on file: Yes *No voieuivo 1O.OU rAA U/U JU4 6480 WELD PLANNING RJool ::x:xx:::xx:x::x:x::: *** TX REPORT as x::x::x::::::x::::::: TRANSMISSION OK T%/R% NO 4336 CONNECTION TEL 93471560 SUBADDRESS CONNECTION ID ST. TIME 08/20 16:36 USAGE T 03'14 PGS. SENT 8 RESULT OK FAX TRANSMISSION WELD COUNTY PLANNING OFFICES WEBSITE: WWW,CO.WELD.CO,US E-MAIL:BSALZMAN@CO.WELD.co.us 1555 North 17th avenue Greeley, CO 80631 (970)353-6100 ext. 3540 Fax' (970)304-6498 To: Mr. Larry Torrez Date: August 20, 2003 From: Bethany Salzman,Zoning Compliance Officer Pages: 8, including this cover page Number 347-1560 Subject: Chapter 23 of the Weld County Code regarding the Ag Zone District and Definitions of Home Business and Home Occupation. Sincerely, Bethany Salzman Zoning Compliance Officer FAX TRANSMISSION WELD COUNTY PLANNING OFFICES WEBSITE: WWW.CO.WELD.CO.US E-MAIL:BSALZMAN@CO.WELD.CO.US 1555 North 17th avenue Greeley, CO 80631 (970)353-6100 ext. 3540 Fax: (970)304-6498 To: Mr. Larry Torrez Date: August 20, 2003 From: Bethany Salzman, Zoning Compliance Officer Pages: 8, including this cover page Number: 347-1560 Subject: Chapter 23 of the Weld County Code regarding the Ag Zone District and Definitions of Home Business and Home Occupation. Sincerely, Bethany Salzman Zoning Compliance Officer ARTICLE III Zone Districts Div. 1. 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(Agricultural)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(Agricultural) 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(Agricultural) 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(Agricultural)Zone District except for one (1) or more of the following USES. Land in the A(Agricultural)Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A(Agricultural)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 234-710. I. OIL AND GAS PRODUCTION FACILITIES. J.PUBLIC parks and PUBLIC recreation facilities. K. PUBLIC SCHOOLS and PUBLIC SCHOOL extension classes. 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. In addition, sand, soil and aggregate MINING,regardless of the use of the material, which qualifies for a single limited impact operation(a 110 permit) or is exempt from any permits from the Division of Minerals and Geology, generates no more than five thousand (5,000) cubic yards of material per year for off-site use and does not involve crushing, screening or other processing. An Improvements Agreement, as determined by the Department of Public Works,may be required prior to commencement of operations. S. MANUFACTURED HOME subject to the additional requirements of Section 23-4-700 of this Chapter. T. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-50.D below is not exceeded. U. Commercial towers subject to the provisions of Section 23-4-800. However, one (1)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. 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; Weld County Code Ordinance 2001- 1; Weld County Code Ordinance 2002-9) Sec.23-3-30.Accessory uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A(Agricultural) Zone District so long as they are clearly incidental and ACCESSORY to the USES allowed by right in the A(Agricultural)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(Agricultural) 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 noncomforming by application of this Section may be repaired,replaced or restored in total. A. STRUCTURES for storage of equipment and agricultural products. Converted,partially dismantled,modified, altered or refurbished MOBILE HOMES or MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural products. B.BUILDINGS for confinement or protection of LIVESTOCK, within the limitations defined in Section 23-3-50 below. Converted,partially dismantled,modified,altered or refurbished MOBILE HOMES or MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural products. 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. J. Any other STRUCTURE or USE clearly incidental and ACCESSORY to the operation of a Use Allowed by Right in the A(Agricultural)Zone District. K. TEMPORARY Accessory STRUCTURE. More than one(1)TEMPORARY Accessory STRUCTURE in the A(Agricultural)Zone District may be permitted for the purpose of storing - agricultural goods inside the unit. A MOBILE HOME may not be used as a TEMPORARY Accessory STRUCTURE. A TEMPORARY Accessory STRUCTURE may be permitted upon a determination by the Board of County Commissioners that: 1. Electricity is the only utility which will be connected to the TEMPORARY Accessory STRUCTURE. 2.The TEMPORARY Accessory STRUCTURE will not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person. 3. The applicant has demonstrated that no reasonable alternative exists to using the TEMPORARY Accessory STRUCTURE for agricultural purposes. 4. The property upon which the TEMPORARY Accessory STRUCTURE is to be located must not be in a platted subdivision. 5. The property upon which the TEMPORARY Accessory STRUCTURE is to be located must be on a LEGAL LOT. 6. The property owner must substantiate in writing that the TEMPORARY Accessory STRUCTURE is necessary to the agricultural operation of the property. 7. The applicant shall not remove any structural component of the TEMPORARY Accessory STRUCTURE making it unmovable. 8.A TEMPORARY Accessory STRUCTURE shall not be allowed to become in a state of disrepair. Such disrepair may include a TEMPORARY Accessory STRUCTURE that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from improper lack of maintenance, vandalism or infestation with vermin or rodents. Any such TEMPORARY Accessory STRUCTURE shall be restored to and maintained in the original condition it was in at the time it was placed on the site as established by the original inspection by the Building Inspection Department, or it shall be removed from site. 9. All TEMPORARY Accessory STRUCTURES shall be removed from the property upon cessation of the USE of the TEMPORARY Accessory STRUCTURES. 10. The TEMPORARY Accessory STRUCTURE may not be used in any manner to display a SIGN. 11. A zoning permit for a TEMPORARY Accessory STRUCTURE shall be for a period of twelve(12)months, and is renewable only by grant of the Board of County Commissioners. 12. A zoning permit for more than one(1)TEMPORARY Accessory STRUCTURE in the A (Agricultural)Zone District may be issued by the Department of Planning Services upon the determination that the criteria of Section 23-3-30 of this Code are met. If the applicant is not able to meet the criteria stated in Section 23-3-30, the Board of County Commissioners shall review the application for compliance with the criteria set out in Section 23-3-30 at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred(500)feet of the parcel under consideration. Such notification shall be mailed, first class,not less than ten(10)days before the scheduled meeting. Such notice is not required by Colorado state statute and is provided as a courtesy to surrounding property owners(the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a TEMPORARY Accessory STRUCTURE has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten(10) days prior to the meeting date. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the TEMPORARY Accessory STRUCTURE on the surrounding properties. In addition,the Board of County Commissioners shall consider compatibility of the TEMPORARY Accessory STRUCTURE with the surrounding area,harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9) Sec.23-3-40.Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A(Agricultural)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, 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 where the maximum number of ANIMAL UNITS permitted in Section 23-3-50.D is exceeded. 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. 17.Rodeo Arenas, Commercial 18.Roping Arenas,to include both indoor and outdoor arenas,commercial. 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. 8. RECREATIONAL FACILITIES such as water skiing lakes and dirt bike race courses, for example,that are used as public or private COMMERCIAL RECREATIONAL FACILITIES. 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. 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. Commercial towers subject to the provisions of Section 23-4-800. 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 PRINCIPALLY 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. Semi-trailers as defined in Section 42-1-102(70),C.R.S. and Cargo Containers, situated as permanent storage units,not safe or not operable or illegal to be used on public road rights-of- way,which are not licensed, shall be considered TEMPORARY Accessory STRUCTURES, in accordance with this definition, shall comply with requirements set forth in this Chapter, including required zoning SETBACKS and OFFSETS,and shall be installed in accordance with the requirements set forth in Chapter 29 of this Code. 1.The property on which the TEMPORARY Accessory STRUCTURE is to be located must not be a lot in an approved or recorded subdivision plat or lots,parts of a map or plan filed prior to adoption of any regulation controlling subdivisions. 2. The applicant shall adhere to the zoning permit requirements of Section 23-4-160 of the Weld County Code. - V.USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A(Agricultural)Zone District. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9) Sec. 23-3-50.Bulk requirements. The following lists the bulk requirements for the A(Agricultural) 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 twohundred-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 see these definitions: HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property,where: a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein. b. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof. Ordinarily, a HOME BUSINESS shall not be interpreted to include the following: clinic, HOSPITAL,nursing home, animal hospital, HOTEL/MOTEL,RESTAURANT,mortuary and organized classes where more than six(6)persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment of the resident therein, where: a. Such USE is conducted entirely within a PRINCIPAL DWELLING UNIT(excluding accessory parking of a single vehicle)and carried on by the residents thereof and no others. b. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling purposes and shall not change the character thereof. c. The total area USED inside the DWELLING UNIT for such purposes does not exceed three hundred(300) square feet. d. There is no advertising or other indication of the HOME OCCUPATION on the LOT or any STRUCTURE located on or ADJACENT to the LOT,with the exception that one(1)nameplate shall be allowed which may display the name of the occupant and/or the name of the HOME OCCUPATION where such nameplate does not exceed one(1) square foot in area, shall be nonilluminated and attached flat to the main STRUCTURE or visible through a window. e. There is no exterior storage, display or sales of materials, goods, supplies or equipment related- to the operation of such HOME OCCUPATION nor of any highly explosive or combustible materials. f.There is no offensive noise,vibration, smoke, dust, odors,heat, glare or electrical interference or other hazard or nuisance noticeable off the LOT. g. A home occupation not located within an approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling subdivisions may include accessory parking of a single vehicle which must be primarily associated with a permitted home occupation. One(1)car, truck, delivery van, semi-tractor and/or trailer, dump truck or similar type vehicle may be included.This is not intended to include excavation equipment, cement mixers,heavy equipment or similar types of generally unlicensed vehicles or equipment. When parked on the site,the vehicle associated with the home occupation must be reasonably concealed and appropriately screened from all adjacent properties and public rights-of-way. Ordinarily, a HOME OCCUPATION shall not be interpreted to include the following: clinic, HOSPITAL,nursing home, animal hospital,HOTEL/MOTEL,RESTAURANT,mortuary, vehicle or boat repair(including painting), and organized classes where more than six(6)persons meet together for instruction on a regular basis(does not include classes sponsored by a PUBLIC SCHOOL). Mr.&Mrs.Torrez Page 1 of 3, VI-0000097 DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th avenue, Greeley, CO 80631 ' Phone (970)353-6100 Fax (970) 304-6498 C • COLORADO August 18, 2003 Mr. & Mrs. Larry Torrez dba: Lawncare Aeration Plus, Inc. 4720 Kiowa Drive Greeley, CO 80634 Subject: VI-0000097, Lot 2, Block 1, Arrowhead Subdivision,Weld County, Colorado Dear Mr. & Mrs. Torrez: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 9, 2003, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23,Article Ill, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-30.D "Home Occupations." Section 23-3-40 "Uses by special review." Section 23-3-40.O "Home Business." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring the property into compliance with the Weld County Code: As I previously indicated,after presenting your situation to staff,it was determined that you do not meet the definition of"Home Occupation"based upon the Weld County Code. However, staff further determined that since you have only 1 (one)outside employee,who walks to the site, that it would be in your best interest to allow the Board of County Commissioners to determine if you meet the intention of a"Home Occupation". Thank you for your continued cooperation in this matter. Currently, there are 3(three)options available: 1.) If the Board feels that you meet the intention of the "Home Occupation" application process, a Home Occupation application shall be completed and submitted to the Department of Planning Services. 2.) If you have any intention of expanding your business at all,then a Use by Special Review application shall be completed and submitted to the Department of Planning Services for a "Home Business". 3u Removal of the ousiness ?rem the property. • Mr.&Mrs.Torrez Page 2 of 3, VI-0000097 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, r N Bethany Salzman d I,0 co Zoning Compliance Officer e l o e , z m Lc ❑ ❑ n 0 pc:VI-0000097 >. �t>p Department of Planning Services ° o To m Bruce Barker, County Attorney o 2 „ ¢ E E O E E v g w ¢ V z c OO ❑ a N U.S. Postal Service m �E 2 'd - _ CERTIFIED MAIL RECEIPT i O ' 0 2 - o os (Domestic Mail Only; No Insurance Coverage Provided) w g n w I-T d °' E co m u ≥ ≥ W m w F c in a Q- Illi G ca "a U ¢ m m 1.17 O ¢ _ _ Z rn ❑ ❑ ¢ O IC c Q X m f] ri v c D NI Q 11'1 Postage $ •• rr N u o O 0 certified Fee C m ?cif a (�(�� O E Ln Return Receipt Fee Postmark a > P'" N (Endorsement Required) Here a L 'm z 'n O Restricted Delivery Fee u,n >,m RNj O O O (Endorsement Require o m O L (Y E O Total Postage&Fees m co C « o O O o a._ tooE o:c E-4 O xT ra ms m€ cc C'1 LP) Recipient's Name (Please Print Clearly)(To be completed by mailer) c 20 '0O.8 d a tx 6 > O O H co cl MR. & MRS. LARRY TORREZ °p m C_c m ! r 4 P4 z m O Street,Apt.No.;or PO Box No. C « a fa D O 4720 KIOWA DRIVE w 8 d a ° g C 0 `SS a o Ca State,Mote E E m m c 5 N r` GeR;EELEY, CO 80634 m m 2 o o P " 1, ,dj off yi ., E PS Fon.- 3800,February 2000 See Reverse for Instructions m IL 3 t d a X Rl E Q 01-15 y:= o� ..t Q W .] z CO av Tm L" O W ,`+ E E c« m o Y • 6 N c @ E ()AK ronQ o % 2 rd r:- co T¢ b. w ■ ■ ■ ru co ' DEPARTMENT OF PLANNING SERVICES 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 July 22, 2003 Mr. & Mrs. Larry Torrez dba: Lawncare Aeration Plus, Inc. 4720 Kiowa Drive Greeley, CO 80634 Subject: VI-0000097, Lot 2, Block 1, Arrowhead Subdivision, Weld County, Colorado Dear Mr. & Mrs. Torrez: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 23, Article Ill, Div I "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-30.D "Home Occupations." Section 23-3-40 "Uses by special review." Section 23-3-40.O "Home Business." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring your property into compliance with the Weld County Code: After presenting your situation to staff, staff has determined that since you do have 1 (one) outside employee, that your case needs to be determined by the Board of County Commissioners through the Violation Hearing process. As a result,this case will be scheduled to appear on September 9, 2003 at 10:00 a.m. Additional information will be sent in a letter that you should be receiving towards the end of August. Thank you for your continued cooperation in this mater. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from July 22, 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. Mr.&Mrs.Torrez Page 2,VI-0000097 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 Salzm Zoning Compliance Officer pc: VI-0000097 Department of Planning Services Bruce Barker, County Attorney 0 Kit DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 C. Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO June 19,2003 Mr. & Mrs. Larry Torrez dba: Lawncare Aeration Plus, Inc. 4720 Kiowa Drive Greeley, CO 80634 Subject: VI-0000097, Lot 2, Block 1, Arrowhead Subdivision, Weld County, Colorado Dear Mr. & Mrs. Torrez: It has come to the attention of the Department of Planning Services'staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance with the Weld County Code is the operation of a commercial"lawncare"business without the required Weld County Zoning Permits. For questions, I would suggest that you come to the office and speak to one of our "On-Call Planners" (Monday or Wednesday, 7:30 a.m. -4:00 p.m. 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 I-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. 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-0000097 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY M Base Information PEP,•.. Parcel No: 10959-27x:0&012 Owner_`1TORREZLARRYL €BEVERLY) S`tatus corrrLi r I.! Written By: TES Sec/Tivn/Brig: 27_05-66 7 05 66 Description: LAWN CARE SERVICE WITH HAZARDOUS CHEMICALS OUT OF E ' Location:. 4720 KIOWA OR Zoning Dist: ' Permit Hum: BCV=BLDNG VID_VI DNING-VIO.�IICV.WLD VIO- - APP vi � (. . _ Class Code V1 6 E C.- , 16ii₹hies: Complaint 104/13/20001 � .-Iriit TES NO-VL ` / / init. 5 Day Letter / / �' riot Issued : / / Init J Inspection / / ..-t_lint: BT-C Vro / A/ IS: Court_ / / = brit:- y Clos7ed.BI V: / / J _ 'nit: Closed VI . / / Init: 40 t (1.? ICJ/ • Parcel Table Maintenance P: Ipa i' J: 0959-27 1 00 012 �. -I rAiI.: ; . 1660527 I 1 4It ✓ i s P i U.date Barf., ,Exit 6 1 i'Sr it-- ,ktat ar;II 'film tji lii.Jot ilmii1Jr'1Jtr r¢1{ • ,RO , 'iJbiT nTwwk 1 l�6 �Ir 1 r?d•aLyu_ 4720 ] KIOWADRT' ; `v - I tSJt:- itr�.L II 174-_,A PSI r:ddr1_: -1 r` .l�1 0.00I ,-TUsa- 0.001 ` r1 4720 KIOWA DR ARROWHEAD L ni.irtth 3-1314 llwab: I Piiinarci-aaillra ltiiull Ii.li1'111 .. ..), - . Iiinalff14_n117Tri 1i ulLun: TORREZ LARRY I & BEVERLY J 1AH1-2 L2BLK1 ARROWHEAD 3RD FILING%4720 I^ Gsiltws31I 4720 KIOWADR IKIOWADR% - .. ffili4B 2 GREELEY CO tj nt$ d :3: l ristt 00634 I 1 FLDu l: I 3a CJ ._IP • ✓7lin1L 2' - - E I;JJE:That I F3. 060s 1„,0 :it Assessors Conversion I 9atr " ACTIVE lip n' D .:4th* ': a DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT WI`Pe. COLORADO AT{ P4(DU ❑ ZONING COMPLAINT Complaint Initiated by ❑ BUILDING CODE COMPLAINT 0 Staff 0 Citizen aOther —W V- %'41'41Zo V-tot c t ,-% Legal Description: NAT. I N La Arrn k-tirxi rd 'l i rvi Parcel# Dq .xi- I Q V I Violation Address: ile `�O �. ieu a L Property Owners Name: L-3...“(3S 1C c(t53 Phone # 3:30— 1qt{) Property Owners Address: Tenant's Name: Phone# Tenant's Address: t t NATURE OF COMPLAINT: Na5d, (n", Qb - itt amornd Zoning Complaint Referred To: Date: Building Code Complaint Referred To: Date: ACTION OF INVESTIGATOR Date of Inspection: Inspection of the property indicates: o No violation of the Weld County • ❑Zoning Ordinance/ 0 Building Code Ordinance ❑ Violation of the following sections of the Zoning Ordinance o Violation of the following sections of the Building Code Ordinance ************************************************************ ********.+s»«************•*• ACTION ON COMPLAINT ❑ No Action Taken/No Violation • ❑Violation File Started Date: Date: Feb. 18, 2000 Weld County Colorado Department of Planning Services 915-10th Street - Greeley, Colorado 80631 To Whom It May Concern: We live at Lake Arrowhead and we have several residence here that are currently breaking the county as far as business's in the area. Larry Torrez of 4720-Kiowa Drive 330-194S:ho.runs an extremely large lawn care service from his residence whereThe-also stores hazardous chemicals. This business has employees driving into Arrowhead during the spring, sunuerijand fall months with huge fertilizer trucks to re-fill. Employees drive into the area to go to -ndieave,the activity of vehicles is tremendous and Ay drive very reckless, with no regrd ' people walking or driving in the area. He has gone 6 way over the limit on his business arldwhat he does over there. t Dan Erbacher of Erbacher Electric has built a shop on his property at 3850-Cheyenne Drive 330- 8469. He has employees come there and take a work vehicle, they used to park all the time in the ditch or alongside the road. But this shop is also illegal in the sense that it is a shop and he has employees coming to it daily and during the day. There is a home along Arrowhead Drive that is just below Dr. Branum's that faces the road and is yellow with porch posts. They are running a business there that sells Ties, Socks and accessory's they have customers coming all times of the day and night. This is run completely from the home with all customers needing to come to the home. Nita Schmunk and her husband on Cheyenne Drive 330-0981 think that they are still on the farm I guess because they far out number the amount of animals that they can house on the land that they have. It is like a small farm yard back behind them. This also needs to be cleared up. Lake Arrowhead used to be a proud place to live but lately the people that we have coming in are lazy and could care less about covenants they think they can just do whatever they feel like doing. Thank you for your time in this matter: Concerned Citizens of what used to be a great place to live. Weld County Planning L el. CC: Stephen Stank Arrowhead President CC: Cliff Kahl FEB 23 2000 RECEIVED 1. rp. •e•+rar�trlt•atle��y� .9. — tr 8• 1051 PEC 01991418 12/07/84 15: 58 53.00 1/001 AR1191416 F 239R MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD GO, CO -`W1673il0y'Deed- D THIS DEED r•a CMWyM1 Or 1M MI prpp•rty de,cr, d ealOw,including any ImprOvlmenU and other a • • V "properly")born the Ibelowa,P1.cOrporetANTEEroM+I.partnereNolll,or other ennty(rgl named ' o or•nbtylw•1 named below, a GRANTEE l0 ihel nm:the The GRANTOR uORANTORIotMrMinopellq . nw•br ions and eonr•y+the property to the GRANTEE and the GRANTOR warrants to •�1 ! sweep(for,tl the hen of the general properly lain betMY•u of this deed which tin rpm•-or.war thaw:of rooted(31 any •III to the property any• prot«;bn cerelonU and r patent •rYHldn•and e.aptrob•10 any GRANTEE mil pH(2)any.'semen's end Erc«bon•' ••nrpronunof.n or record,and(6)any• manor, ane's tine mineral mlernb snow's or record isl additional maMO+lrown p•lbw urger•Aoonronai Warranty The Specific Terms of The D«A Are: Orin(OD (Gin naming)and ofacgq d rmoe re n IM epoub d the air rr.,nnlw re ewer.,m Inn • pitmen M\oand and en%1 0•y to Wean homestead}I. GLEN MCCASLIN and MARY L. bicCASLIN .par, ,,�,,,.,, pra • • arH1t«: Lan.name's"end addrawlbl nalwrynl OI address rrwlyrnp a. w 2 w anaep limn number n rpunad I LARRY L. TORREZ and BEVERLY J. TORREZ 4720 Kiowa Drive Greeley, Colorado Form of Co•Ownmr.Ip: Ine«e are lip or more pa ,a Mmad they,. De(p.,a,4,bec.le ba of NnanN POI[penmen ue(f•rn.�..•.I. • want tenancy'or earn of me'erne maaery ere added b tM+e•b Owen In Joint Tenancy R . Properly Description: 'snow.toys,me G i\ra • Lot Two (2) , Block One (1) , Stole D oor,..n,rt.;.try Fee THIRD FILING ARROWHEAD, Dore...DEC 7 I 8 ..Q,.,y a Subdivision of WELD COUNTY, COLORADO , , • • • R • ►.operlr AGAr«c 4720 Kiowa Drive;Consideration: Iran w•wmantd•daw Greeley. Colorado 'denerrNnapn Ca,. ,5 Cprmey,,,,,°'oi ena,daralwn rw urn pen fO.aiI w«umM Vnwf\mnc • e. enr use urn con rural end uroeronen«1 dmwyann n D.Fr NINETY-FOUR THOUSAND, FIVE HUNDRED and no/100ths DOLLARS • 9.45 fle«M1atlple.R«Irfc,IOnt: It III IM GRANTOR intends r0 r(yrre arwl rnt«nt rn tN propene d to(Onralle\f Tan M Owns w rl ma GRANTOR ...2 le rap me GRANTEE S.rani In tin property w •• , mate apdpaw moan*.r 3 Aodlllonat Warren S Q•Exceptions: oPentIlnc ch \a oust temp sphere,anw oner manors not Cowrie andne I • • C a' 6 I.recur..by lM bran,'on December G • a4Mlre Create war C ��-�� 1. 84 ereernbn,Partner,,,,,or A\aeclatbn: / 1 'w.a..`.. 7/ l/-, [IMIIYre Clamor r«r,w•„espp; Nlme d al. C•w Gismo' M app1.Iam /� (• �'� _ / /.r\ee ea Aelenaton li. Glen HCCGslia�� awed e °j � _ • °' Mary ncCaslln creme. d Aneet STATE OF COLORADO anmd • COUNTY OF WELD 1 +• The breeprry orp instrument.a\a(arb., T • w retyped Wore me Inn 30th -46.Clen bIcCnslin and Mary L. 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