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."
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'roperty Owners Name: Phone:
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tenant's Name: Phone:
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VATURE OF COMPLAINT: t v + ,_�k-+, r .tC (-k 1 u> ;, \ t(�1., 411 ('L- I� � P_ ( ( 1L`f
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: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.("(-�
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?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
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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
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•
_ 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:
•
•
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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: , `" /(_.
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q 1 ' TIIIS DEED OF
ta." SHIRLEY ALLEN ��{ t;1 tT ) i
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PETER A. DOWNS and MARIAN E. DOWNS • •
On r!! • r�
s TaG �y�} Suteof Colon
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4\x o .b ,r kr.l r.I I,..... 2931 S. Garland Court, Lakewood. co. o }.{lX�Jy {'^C mar THEN
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hereby payment
a. L' n ' li Weld
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Lot One ( 1 ), j+ +� • a
'a Block Four ( 4 ), 'fir 0
ff• CAR.,ACAR RANCIIETTES rr E �
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•
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I t No. 1682949, subject to recorded March 20. 1978 in Book ash as Reception
3.3) + I recorded
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