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HomeMy WebLinkAbout20032864.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST PETER AND MARIAN DOWNS, AND TONY ROSARIO 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, Peter and Marian Downs, and Tony Rosario, VI #0200449, 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 14th day of October, 2003, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Peter and Marian Downs, and Tony Rosario were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until November 18, 2003, to allow adequate time for the property owners to relocate business or a Use by Special Review application be complete. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0200449 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Peter and Marian Downs, and Tony Rosario 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 November 18, 2003, to allow adequate time for the property owners to remove the business or submit a Use by Special Review application. 2003-2864 PL0824 VIOLATIONS - VI #0200449 - PETER AND MARIAN DOWNS, AND TONY ROSARIO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of October, A.D., 2003. BOARD OF COUNTY COMMISSIONERS W COU<)TY, CO ORADO ATTEST:iate191 CO" D id E. Long, Chair Weld County Clerk t.�e .'`, I` I , F r Ro ert D. lasden, ro-Tern Deputy Clerk to the v M. J. eile RO AS • Willi. Jerke ounty Attorn AA/Glenn Va lo/3/ Date of signature: 2003-2864 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Mr. & Mrs Peter Downs Tenant: Mr. Tony Rosario Violation: VI-0200449 Owners Address: 2391 S Garland Ct, Lakewood, CO 80227 Tenant Address: 5529 CR 5, Erie, CO 80516 Legal: Lot 1, Block 4, Carmacar Ranchettes, Weld County, Colorado Location: North: Approximately 1/2 mile South of Hwy 52 and adjacent to Mountain View St South: Approximately''/mile North of Parkland Estates East: West of and adjacent to CR 5 - , West: Approximately 1 mile East of CR 3 - Parcel Number: 1467-05-4-01-014 Acreage: 1 Acre Certified mail date: September 17, 2003 Owner Received: September 18, 2003 (via e-mail) Tenant Received: September 22, 2003 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-40, 23-3-40.O and 23-3-40.R of the Weld County Code. REMEDY To bring the property into compliance with the Weld County Code all business activities and equipment shall be removed from the property or a completed Use by Special Review application shall be submitted to the Department of Planning Services. RECOMMENDATION The Department of Planning Services that this case be referred to the County Attorney's Office, but to delay legal action for 30 days to allow additional time for the business to be removed or a Us by Special Review application to be completed and submitted to the Department of Planning Services for review. CASE HISTORY August 6, 2002 Initial complaint received. August 21, 2002 Initial inspection completed. August 22, 2002 Five day compliance encouragement letter sent. August 26, 2002 Violation letter issued. July 21, 2003 Received additional complaint. 2003-2864 Mr.8 Mrs.Downs and Mr.Rosario Page 2,VI-0200449 July 21, 2003 Property inspected. Property remains in violation. July 21, 2003 Violation letter re-issued. August 15, 2003 Received additional complaint. September 17, 2003 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. October 10, 2003 Mrs. Downs called to discuss the case. Mr.&Mrs.Downs and Mr.Rosario ) Page 1 of 2, VI-0200449 a?At DEPARTMENT OF PLANNING SERVICES atill; Code Compliance Division 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 Fax(970) 304-6498 COLORADO • September 17, 2003 • Mr. & Mrs. Peter Downs 2391 S Garland Ct Lakewood, CO 80227 Mr. Tony Rosario - 5529 CR 5 Erie, CO 80516 Subject: VI-0200449, Lot 1, Block 4, Carmacar Ranchettes, Weld County, Colorado Dear Mr. & Mrs. Downs and Mr. Rosario: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on October 14, 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 III, 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." 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: It is my understanding that your tenant (Mr. Rosario) is in the process of relocating his wood business to another site. Based upon your e-mail (dated August 18, 2003), this should allow him adequate time to have completely relocated his business,prior to the Violation Hearing. Should he need additional time, he (or you) can request additional time from the Board of County Commissioners. However, if all aspects of the business have been removed by October 13, 2003, you will not need to attend the Violation Hearing. I will need a quick e-mail or letter stating that the business is being removed and that you understand if it is to return, a Use by Special Review application will be submitted prior to its return, prior to the Violation Hearing as well. Mr.&Mrs.Downs and Mr.Rosario Page 2 of 2, VI-0200449 This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center,915 10th Street,Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation,and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, Bethany Salzma Zoning Compliance Officer pc:VI-0200449 Department of Planning Services Bruce Barker, County Attorney U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) C ru N r7 Postage $ 0 .7 Certified Fee Return Receipt Fee Footmark (Endorsement Required) Here ru O Restricted Delivery Fee p (Endorsement Required) Total Postage A Fees ru tin Recipient's Name (Please Print Clearly)(To be completed by mailer) o MR. & MRS. PETER DOWNS Street,Apt.No.;or PO Box No. o 2391 S GARLAND CT City,State,ZIP+4 N LAKEWOOD CO 80227 -S Form 3800,February 2000 See Reverse for Instructions U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) ru m ru ra Postage $ O Certified Fee O Return Receipt Fee Postman( rll (Endorsement Required) Here O Restricted Delivery Fee O (Endorsement Required) @ O Total Postage&Fees $ ru in Recipients Name (Please Print Clearly)(To be completed by mallet) im MR. TONY ROSARIO O Street,Apt No.;or PO Box No. o 5529 CR 5 City State,ZIP.4 CO 80516 PS Form 3800,February 2000 See Reverse for Instructions SENaE•: COM•LETE THIS SECTI•N CDM•LETE THIS SECTI•N •N •ELIVE•Y • Complete items 1,2,and 3.Also complete A. Signature / item 4 if Restricted Delivery is desired. • Print your name and address on the reverse X • s/.� _ �!• .:I Addressee so that we can return the card to you. B. R- -iv_d by(Prin ame) C. Date of Delivery • Attach this card to the back of the mailpiece, � • or on the front if space permits. • 1 /, �� .1 D. Is delivery address different from item 1? O Yes • 1. Article Addressed to: If YES,enter delivery address below: ❑ No MR. TONY ROSARIO 5529 CR 5 ERIE, CO 80516 3. Service Type XX .lf'�CCertified Mall O Express Mail O Registered O Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7000 0520 0025 0401 8237 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 Bethany salzman Re 5529 Weld Co Rd Zoning Violation Notice Page 1 From: Bethany salzman To: "peter.downs@prodigy.net".GWIA.CENTDOMAIN Date: 09/17/2003 3:48PM Subject: Re: 5529 Weld Co. Rd. 5 Zoning Violation Notice Mr. Downs, To grant a little additional time, I have gone ahead and scheduled this case before the Board of County Commissioners for October 14, 2003. This should give Mr. Rosario adequate time to have removed all aspects of the business from the property(and submit a letter- explained in the attached letter). I am also sending a copy via mail. If you have any additional questions, please do not hesitate to contact me either by e-mail or phone. Thank you in advance. Bethany Salzman Zoning Compliance Officer Weld County Department of Planning Services (970)353-6100 Ext. 3540 bsalzman@co.weld.co.us • >>>"peter.downs" <peter.downs@prodigy.net> 08/18/03 11:58AM >>> Dear Beth, Our tenant, Tony Rosario, has decided that his volume of work is probably too great to be accomodated in the garage as a home business and has already made arrangements to rent a shop property in a commercial area. He needs to go out of town and will not be available to move everything until after Labor Day. Can we have an extension of time for another 30 days, by which time he has indicated that all of the tools and supplies will be moved off of the property? Thank you for your consideration. Marian Downs Original Message From: "Bethany salzman" <bsalzman(o co.weld.co.us> To: <peter.downsna prodigv.net> Sent: Thursday, July 31, 2003 4:49 PM Subject: Re: 5529 Weld Co. Rd. 5 Zoning Violation Notice Yes, I would consider an extension (for a short time), but, please be advised that as soon as we have received a complete application, the violation case will go on hold immediately, pending the outcome of the application. As we get closer to the end of the 30 days, please feel free to call me if you do need an additional 30 day extension. Thank you and please call or e-mail if you have any questions. Thanks in advance.... Bethany Salzman Zoning Compliance Officer Weld County Department of Planning Services (970)353-6100 Ext. 3540 bsalzmanaco.weld.co.us >>>"peter.downs" <peter.downs c(Dprodigv.net> 07/31/03 04:04PM >>> RE: VI-0200449 Bethan Salzman Re 5529 Weld Co Rd Zomn Vwlation Notice Dear Ms. Salzman, We received your letter of July 21, 2003 informing us of zoning violations on our rental property at 5529 Weld Co. Road 5. Our tenant is a self-employed wood worker and has been working on some projects out of the garage. Per your suggestion, we went to visit the"Planner on Call", Chris Gathman, at your office in Longmont today. The discussion was very informative and Mr. Rosario, the tenant has decided to apply for a"Home Business" Permit. He received an application from Mr. Gathman and we understand that the process should take approximately four months. He also will enclose the covered patio portion of the home where he can store his tools and supplies so that they cannot be seen from the road and/or by adjacent neighbors. He also picked up a building permit application for that project at the time of our visit. Your letter states that we have 30 days from the date of the letter, July 21, to correct the zoning violation. Since the application for a "Home Business" permit cannot be acted upon for some time, is there a possibility of gettiing some type of extension? I look forward to hearing from you soon. You may contact us by e-mail at peter.downs(o�prodigy.net or by telephone at(303) 986-2516. Thank you. Sincerely, Marian Downs Befha ysalzman -Re: 5529 Weld Co.Rd 'ZZoning Violation Notice w Pa e 1 From: Bethany salzman To: "peter.downs@prodigy.net".GWIA.CENTDOMAIN Date: 07/31/2003 4:49PM Subject: Re: 5529 Weld Co. Rd. 5 Zoning Violation Notice Yes, I would consider an extension (for a short time), but, please be advised that as soon as we have received a complete application, the violation case will go on hold immediately, pending the outcome of the application. As we get closer to the end of the 30 days, please feel free to call me if you do need an additional 30 day extension. Thank you and please call or e-mail if you have any questions. Thanks in advance.... Bethany Salzman Zoning Compliance Officer Weld County Department of Planning Services (970)353-6100 Ext. 3540 bsalzman@co.weld.co.us >>>"peter.downs" <peter.downs@prodigy.net>07/31/03 04:04PM >>> RE: VI-0200449 Dear Ms. Salzman, We received your letter of July 21, 2003 informing us of zoning violations on our rental property at 5529 Weld Co. Road 5. Our tenant is a self-employed wood worker and has been working on some projects out of the garage. Per your suggestion,we went to visit the"Planner on Call", Chris Gathman, at your office in Longmont today. The discussion was very informative and Mr. Rosario, the tenant has decided to apply for a"Home Business" Permit. He received an application from Mr. Gathman and we understand that the process should take approximately four months. He also will enclose the covered patio portion of the home where he can store his tools and supplies so that they cannot be seen from the road and/or by adjacent neighbors. He also picked up a building permit application for that project at the time of our visit. Your letter states that we have 30 days from the date of the letter, July 21, to correct the zoning violation. Since the application for a "Home Business" permit cannot be acted upon for some time, is there a possibility of gettiing some type of extension? I look forward to hearing from you soon. You may contact us by e-mail at peter.downs(o)prodigv.net or by telephone at(303)986-2516. Thank you. Sincerely, Marian Downs DEPARTMENT OF PLANNING SERVICES Code Compliance Division I p0 1555 N. 17th Avenue, Greeley, CO 80631 • Phone: (970) 353-6100, Ext. 3540 COLORADO Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT ❑ Staff/Name: Ilk Citizen a Other: HEALTH DEPARTMENT Citizen's Name(If known): —ICA.( WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): at-eirPj^S„q BUILDING CODE COMPLAINT PUBLIC WORKS/PEST& WEEDS Date Complaint was received: Sc-'t b3 [ding Case#(i.e. USR,RE, SE, ect...): ;al Description:katA,Sec tar(ho±4" Parcel#:14(61°D '4•C'o\y ilation Address: thzci perty Owners Name: jr1)I 4.-Aor 6 CriA"cc'r- Phone: perry Owners Address: rTY1t5 eK&WtThfE1CAI {1 QtANDoi, co 11227i Cant's Name: Phone: :ant's Address: .TURE OF COMPLAINT: nplaint Referred To: Date: nplaint Referred To: Date: iitional Notes: ratit;N„c), DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 COLORADO Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: J ZONING CODE COMPLAINT 0 Staff/Name 0 Citizen 0 other. HEALTH DEPARTMENT Citizen's Name(If known) �[ei Vi m, 7 WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(IIknown)- ".C' Jr -. `,.7 H 3 BUILDING CODE COMPLAINT 3 PUBLIC WORKS/PEST&WEEDS Date Complaint was received: Cf." 'ending Case#(i.e. USR, RE, SE,ect...): Legal Description: Parcel#: Violation Address: Lf lhC.4 C C- ` .� `( Lttt\. 1 ,'IF"t 'roperty Owners Name: Phone: 'roperty Owners Address: tenant's Name: Phone: tenant's Address: (:;v 1/44CA -. VATURE OF COMPLAINT: t v + ,_�k-+, r .tC (-k 1 u> ;, \ t(�1., 411 ('L- I� � P_ ( ( 1L`f ti,li,till SC 'hi AL/ 4 kit C _,At` ( t-.t; 7 J :omplaint Referred To: Date: :omplaint Referred To: Date: Additional Notes: ' 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 21, 2003 Mr. & Mrs. Peter Downs 2391 S Garland Ct Lakewood, CO 80227 Subject: VI-0200449, Lot 1, Block 4, Carmacar Ranchettes, Weld County, Colorado Dear Mr. & Mrs. Downs: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Article Ill, Div 1 "A (Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial Junkyard." 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: It has been brought to our attention that the property is being utilized for the storage and construction of wood products. If your intent is to continue such business activities, I would suggest that you speak to one of our"On-Call" Planners. We have to locations open to the public. Our main office is located at 1555 N. 17th Avenue, Greeley, Colorado. Where, we have an "on-call"planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00-4:00 p.m. Our other office (the Southwest Weld Office) is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m.-4:00 p.m:, excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. 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 21,2003,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 Attorneys Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address,telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Zoning Compliance Officer pc: VI-0200449 Department of Planning Services Bruce Barker, County Attorney (iti;oiss DEPARTMENT OF PLANNING SERVICES Code Compliance Division C aL\ t 1555 N. 17th Avenue, Greeley, CO 80631 • , r✓,c-L LC Phone: (970; 353-6100, Ext. 3540 COLORADO V Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: d ZONING CODE COMPLAINT ❑ Staff/Name: X. Citizen ❑ Other: 7 HEALTH DEPARTMENT Citizen's Name(If known): fattlesTia hc1 tC { _ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known) NT SZS3— 5r3-2 3 BUILDING CODE COMPLAINT PUBLIC WORKS/PEST&WEEDS —7 Date Complaint was received: l-l.("(-� ?ending Case#(i.e.`U`SR,RE, SE,ect...): 1_1-egal Description: C,,- i Aix Y2-s-1I (i Kr' acar eiNneir Q tie.f)Parcel#:`L1t(�i� • Cf.) ' 4 .Di • OH CJ_�Violation Address: % CS ?roperty Owners Name: t_. k.N PE't-Q_C es,n a\s e- -, Phone: ?roperty Owners Address: a \ S. c---x-r\arok ( 1 -Q.I..UC�Z�I) (_U .UT1 tenant's Name: Phone: tenant's Address: NATURE OF COMPLAINT: 5nrni 4- % is ji k wS �Ccj - pNiiD to 4-ecic- U CiptxxCd. Llomplaint Referred To: Date: 'Complaint Referred To: ,� Date: N(?Additional Notes: k,1('jlA,fl tu -► rits‘ ) DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us CO 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO • WELD COUNTY ZONING VIOLATION NOTICE August 26, 2002 Mr. & Mrs. Peter Downs 2391 S Garland Ct. Lakewood, CO 80227 Mr. Tony Rosario 5529 CR 5 Erie, CO 80516 Subject: VI-0200449, Lot 1, Block 4, Carmacar Ranchettes, Weld County, Colorado Dear Mr. & Mrs. Downs & Mr. Rosario: 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 23-3-30.1 "Noncommercial junkyard." To bring your property into compliance with the Weld County Code: The"Noncommercial Junkyard"consisting of derelict vehicles,appliances,wood,trash,a bed frame and miscellaneous debris shall be removed or screened from all adjacent property owners and public rights-of-way. 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 worn,deteriorated,or obsolete as to make them unusable in their existing condition. Mr. &Mrs. Downs &Mr. RoeQles Page 2 t 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 ,August 26, 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. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter,or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer pc: VI-0200449 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY Kit • ;sco's DEPARTMENT OF PLANNING SERVICES Code Compliance Division ' Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO August 22, 2002 Mr. & Mrs. Peter Downs 2391 S Garland Ct. Lakewood, CO 80227 Subject: VI-0200449, Lot 1, Block 4, Carmacar Ranchettes, Weld County, Colorado Dear Mr. & Mrs. Downs: 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. The potential noncompliance with the Weld County Code is a "Noncommercial Junkyard"consisting of derelictvehicles,a futon couch frame,stove and other appliances, bed frame, wood, iron/metal, trash and miscellaneous debris. 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 worn,deteriorated,or obsolete as to make them unusable in their existing condition. Please contact me within five working days of the date of this letter to review these concerns with me. Failure to show progress or to close the violation, will result in a thirty-day violation notice being issued. Feel free to contact me at the above address,telephone number ore-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, /y WPI ethany Salzman Zoning Compliance Officer pc: VI-0200449 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY • • f&yam Weld County Department of Planning Services f' 1 1�1 Inspection Report 1555 N. 17th Avenue ^i, COLORADO Greeley, CO 80631 Perniit/CaseNo.: \Lir bl.C:0 Property Owner Name: 7.ckcn",l tSc\- ,ue'n Address: C223 C C'C'n l Clarity-NV tPun (Om L� ccr`c.U)a 1b Upon a visual inspection of the property listed above,the following items were noted: c� deAwc+ VPNcwE Ala (Min- tate!, I rem, mePoi ctekki S I _ � rl Gram4 Inspection by: `0 ContactName:bSO\ Contact Phone Number: 970-353-6100,Ext. 3540 Copy of this inspection was: O Left on site KMailed on: 9y'L'Z UZ Pictures on file: Yes O No lekb' koc " RMIIS`Pius r4 : r`° MUM File A/P/D's FindA/P/D's Site Parcels People 4-List Parcels . Parcel Number C- o x Find APD Parcel Address- C/A/E/D_ .,_ .�-Parcel Table Maintenance -";: Parce Parcel No: 1467-05-4-01-014 I ll _ Ber. Alt Key 1680105 1Jxfate Bei,* Back_ �. A K Primary Address General Information Info City Id: CRM • I No Dir:/ Street Name Su}tdivision:Ii. ?. 5529 n CR 5 Lotr - ' Fract Select An Address I ID's fi Aced 1 0.00 Acres I 1-00 .= • Sus - _-_• -. Zoning:�— I I i` 15529 5 CR WELD I Vew ! Census Tradr-- Cen Block I =primary Owner Information I X Coord:l Y Coord:I Legal.Description ete • Lame:(DOWNS PETER A& MARIAN E CR4-1 Ll BLK4 CARMACAR RANCHETTES 1.5529 �1 r I.:71.;.:', I I Address 1:12391 S GARLAND CT WELD CORD 5%SITUS:5529 WELD CO 5 RD WELD It N 1 :..=Address 2: CO int _ Address3.i =- Sear . : Address 4:1 ..... ..:........ . r Par Zip:180227 Use Code:I -I I Phone.1 •a •lidress - TRA 2390 Exempt l- r. Phone 2: I � ants - Notation Stetus:1ACTIVE J . Govt Owned:r Itiple: r i. — - ge r Back Stop :.: r gli StartI MGroupWise-...I F CorelWordP...,. 'PERMITS'... I *?.Thumbs.td4i._I AArcViewGIS...I r n.List Parcels.. )_WBT-PRN... 1 kflc+:,.IC 7:48AM :. ® .. :e '�'iLt :,!}a°' {Al ti'�;i r:.l ,ue'� �a`L�`•sf# '4s• •ref . . s'=p. '.. . ... .... _ .. ,`J ...s-..,'•`3r -3'�.'1.�i!sY"..L✓rns"rit=3..'..� �-'': • _ x tk.-r•. .__4ds _-_..tom .._..� ..... < _` .-. • ,: k ... ,;` Permit N: 'VI-0200449 Address:'5529 CR 5 CRM Status: (COMPLNT APPLICANT'DOWNS PETER&MARIAN Date: 108/2 ' ' ' 11.,4, r g12Update Exit Back ' Desc c.een P — -- ,.�� Parcel No: 1467-05-4-01-014 = `= Owner. DOWNS PETER &MARIAN E Status: COMPLNT J Written By: IBJS Sec/Twn/Rng: '05 01 68 1. _ Description: NCJY-D.V.,appliances,bed frame,wood,iron/metal, ? ' :`•' Location: 5529 CR 5 Carmacar Ranchettes - — • Zoning Dist AGRI Inspection Area V1 Permit Num: ' = APP Type: VI J (BCV=BLDNG VIO,VI-ZONING VIO,WCV=WELDVIO"bcv+vi") Class Code: IVI-2 NON-COMMERCIAL JUNKYARD Complaint 08/06/2002 'nit IBJS NO VI: j_/_/ Init _ 5 Day Letter: 08/22/2002 lnit: BJS Issued: L/_/_ Init • Inspection: 08/21/2002 Init IBJS • 13CCVio: __/ / Init: Court: _/_/_ Init • Closed BCV: _/ /._` Init r Closed VI: I_/_/_ Init: • • dge Start' NGroupWise-...I I Corel WordP...I ,y 'PERMITS'... I ?.Thumbs.td4 i...I ArcView GIS..1 AI Base Inform...' i7WBT-PRN... I ', El:( li(�S 7:51 AM a rat i1N,,) DEPARTMENT OF PLANNING SERVICES C\ Code Compliance Division C 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 COLORADO• \� Fax: (970) 304-6498 ZONING and/ r BU ING CODE COMPLAINT FORMS Complaint Initiated by: ❑ ZONING CODE COMPLAINT ❑ Staff/Name: C3 Citizen 0 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: t._N I tL t Catrreaezr ?NW 1n2 mem Parcel#: k &\Q r) . �l"hl Violation Address: )5Z9 Property Owners Name: C,JC>t,U(l' I t'C'&r E CN(\r),Ii.ain Phone: Property Owners Address: el?)mill CA, q AIL F ,L,JCrd t Tenant's Name: Phone: Tenant's Address: r , NATURE OF^COMPLAINT: !LC.,t.f i Ve 2CkO) tckor1 Cat f 1-' S im. )C 'C U(r, t�YICPJ�) t creme) t EYflE') ont t, \r(}r/rod-ni t &bu? Complaint Referred To: Date: Complaint Referred To: Datey Additional Notes: , `" /(_. ♦ .,1 .YD it r4iV4 if'i 44'�^na a t ? t� t o rtvitiai3ri 4k.?yrt„ r'4 ��u lici yc.' t t ?....;...-0,..4.r. st`T F T r`S" Tn A(PI 7Y 4t S Y ...:,..;:t1.-e .a k N, \m .A rFgt*.-,.So4-+•-r•i•. .1. =w.• a ae"t-fY a•"1. r w ♦ - 744,,.....,-♦ r: -� -n t Ssn al • a:. h1-w: h r '. e.A 9 t ✓ rrlf YS • ; a. f r � t ., .`�.[i.'M4c; ;..67. rYy (a,a, t3r�{'4 Yw.•ii�NarF wlµlµifa M\ r1x�.,.;.�tMVi.'?Sx •3 ijF�^vs,+y�l�t %a 4uiZ ft�,sp • r "r,.° { \ '..r1 ti C `, , "... �f''�._.,..'-2.8' �+ •186• +'•"LJ" `; • ;:"77.417-4.5.477,34,17:14.-:6, ° 1`..i...1T'3 Sit' 3,1%.1,,.....,-::777.1.1.747-9',47,48.7, y. rt';1rMn. rti„ty '61041' .� : 1, •<I "sr G b t• L Y` NF.rr". Y.____ ...sr `va *: rrfw ° r '‘,e,°.. Hf �t .4.-4.4...$9 7 lydi tswl r� r rr i ` °•.141 t.4 a. e t • r?'"' ' � ♦act , ,ry •• P yt w Y -,„,,,A,4 .t. . )h• a 't'. .+•ke• ,t.• •,..,;•-•1•19•76-.11,64,t :� n�., 1'�'r a' i-r '3`. ,�t TK IF'is, t, •. qp7•'I.• :: v'3 ST,A, ------.it //-/—‘. rl.+k Q ,I APR 2 t OM . H b. , yam_ R.r.Ira '',I•... e3n1 x..., .. 16/-/:il ,Iir• a�•..,. Wald Canty. Colorado "-"6... ,4, • „'6' 4 I PILING rif\all' s its.. n Tins DEED. \I I u.. 18th1 , r April .In 80 r fr....;' 4, q 1 ' TIIIS DEED OF ta." SHIRLEY ALLEN ��{ t;1 tT ) i Pet. .a . xy _ Held ,,, ry nl...r Slae ponlmeNatY Faa +�y Skye > ill m.grantor..r,lr.. (,.„,,,,..c �,.PI:, i l fFY r..lun.l...r lr•r..,..X.r .n1 Dole ,yyyy��nn • +Vt.•f •e t ,M lb.1'IINI. PETER A. DOWNS and MARIAN E. DOWNS • • On r!! • r� s TaG �y�} Suteof Colon ASS9TPf • Yl ,b Mltne.rl.:Tn 4\x o .b ,r kr.l r.I I,..... 2931 S. Garland Court, Lakewood. co. o }.{lX�Jy {'^C mar THEN y. yn',j }r1 payable in the. • "h rdu. .. LIX,..,.r n .ty'•t1i. Y r I lie beneficiary n rl rn b.. : 54 ''if ., II el wan through a,*, t A idthrere ugh ret NINETY THOUSAND AND NO/100 (590 000.00) 1 n ut y'yy( 1 �v) of the leas d I A ica It r '`.� J • \t The hereby payment a. L' n ' li Weld I f. � ST I'. L. o fir , ..r d ,I.. qr� I. .E.nn 1. .r , r.a r fir�, • ?a, , c1 Lot One ( 1 ), j+ +� • a 'a Block Four ( 4 ), 'fir 0 ff• CAR.,ACAR RANCIIETTES rr E � • A ._.'.,y: a subdivision of a part of the E ', of Section 5, Township I North, TF," , y • ♦ =_ F ` Range 68 West of the 6th P.M. x r/ II the adjus • d...Ln..xn...r.,a, .n.. 5529 Held County Road *5, Erie, Coln,_ao i< .. ':' ii amount be edu• ..i'-:.• Tnt.r nDN r , v` S_ final set, t I I I I I r t I'll , 1 1 i e� -i I p,n\ r \ I r II II r , , I ` I I I r I u I I .... 1 t. If a� _ 1, „,„„.E1/4.,„,„ l)) •E`ft rlr r ,•�{ F r d li • � C^I .I rul II II , .I n t .0 . .. ., .r,.n I A.`` J b y`. ,r.. +.*• .-,,- ....• n ...a , ,....,.,........ ril . .r gaa.I. r. ; subject to one loan in favor of Modern S .- American Mortgage Corporation r-,.orded March 8, 1976 in Book 761 as Reception 1jTt T•� I t No. 1682949, subject to recorded March 20. 1978 in Book ash as Reception 3.3) + I recorded No. t1747830: 80btaxe to reservations, restrictions and easements of record, if any; ,c>i ( • i' JL� subject to 1980 taxes which grantees assume by reason of adjustment: i;tly _ , w r__ 'lyNyf ya:i �,I,l ,..., r l l l I t II I ` ,....r..r.•.. nw-call .. r 'In I Ir 41 rr I.I. I :II\\Ntlt\SI b]D / ' ' :+�N vn . • �, 1,ltEVEl71 r11\I.IL .I.rr rl lr lrl ,. 11 r. Llu rl.. tlr: lh. fr rt.. l..r t r' ?Cs :—..':M:J.m'• fir.. .I Ifl. III -II . .Ile I 1. - m,. ...l ..l.... r .,,l,a I,..I,1,.. L, , Iv 1.,i >NI v:.' 'nv.lt r Y}. 'i .fiat 6 L v. ,Y Sh\r�cY Al n ' I•NAI.I -) LI STATEhrii,l q'AD' n •. J Sx Boulder � f J.? stin' ^e r' Tlu.c,.r•rr[urr..,.nl n. ,tr x. y..dr.r. ..r... !%// •I:... t S :‘/A":14 • • l 1•rj-r. Shirley Allen . r l )ly t'....o .n ova . . (ie. >I"J' \ n,et`rj i,(64 1.� r� Y Nos YINII naafi rl r - C :yr 2 t r•-e t vti tvlk"n- i3A21r:ttr f{.t t fi t•• r ‘,..„4,..7.y .1 r '� / .:I , I,J to Kta t',LLaf / L i ft 1 ° !cry"- I Y V b .:.:v R.r4.r_-`<.-•-. b- '5. aF '.a ♦' j ._' : ..a. ^ t rya _ ,....1.....y..,....,1,-L.), t ....- _.). R.,.-_.; r r.•. •S n• A.+"e'P't' ".d- ,_,_ ?a .� -r•- rte:ccr. _ -a3r_�n a:.•b:.-r-.''r" . . .Ts :-. r ,. M 1 .. 4 +r ig � C AIL t kil t , �s t \ tiYri. i1 -------: r r 4' \ _ . s.r I,f.J• T•_ 4,v-. yf•;it •.•..nice`',1• ' ;I. - . S• ` I ... • ` rye . r. t. '•- ?I.?. .Y.. • `e '� F.N"�I(<s rYP Ora i ! I._ i J 7 - dilliritinlatt I fM1f r j �. .: rvY / / t ♦ J1 A ` ♦ r YL 4's syl .. :IC J..p, sH 1 F r t. 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