HomeMy WebLinkAbout20012556.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST GONZALO AND VADIRA LOZANO 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, Gonzalo and Vadira Lozano, VI #0100246, 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 October, 2001, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Gonzalo Lozano, property owner, was present at said hearing, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said
violation to the Weld County Attorney's Office for legal action, with an instruction for delay of
action upon such referral until April 9, 2002, to allow adequate time for the property owners to
bring the subject property into compliance and for an inspection of the property by the
Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0100246 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Gonzalo and Vadira Lozano to remedy the violation of
the Weld County Code, and any other persons occupying the properties, any persons claiming
an interest in the properties, and any persons acting in active concert with the identified parties,
with an instruction for delay of action upon such referral until April 9, 2002, to allow adequate
time for the property owners to bring the subject property into compliance.
2001-2556
PL0824
cc : fL/IAAO/
VIOLATIONS - VI #0100246 - GONZALO AND VADIRA LOZANO
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of October, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD C NTY, COLORADO
ATTEST: ,/ /1% <CO ,4 1
J. eile, Chair
Weld County Clerk to the & . {f j ,hs,
, ,r Glenn Va Pro-Te
Deputy Clerk to the Board"
Willi H. Jerke
APPROVED Ar CO M: E c\-
` �} vi E. Lon
,(36-artf)Attor y
Robert D. M1.-n
2001-2556
PL0824
DATE: September 6, 2001
VIOLATION NUMBER: VI-0100246
NAME: Mr. & Mrs. Gonzalo Lozano
ADDRESS: 7485 Patrick Street, Aristocrat Ranchettes, Fort Lupton, CO
80621
ZONE DISTRICT: Agricultural
LEGAL DESCRIPTION: Lot 2, Blk 48, Aristocrat Ranchettes, Weld County, Colorado
TOTAL ACRES: .92 acres -
CASE SUMMARY
May 4, 2001 Initial complaint received via telephone call from a concerned
citizen.
May 7, 2001 Five day compliance encouragement letter issued.
May 9, 2001 Initial inspection completed.
May 9, 2001 Mr. Lozano came to office and spoke to Lauren Light, Planner On-
Call.
May 15, 2001 Violation letter issued.
June 15, 2001 A concerned citizen called for an update on this case.
June 15, 2001 Letter sent to property owner indicating that the violation case
was scheduled before the Board of County Commissioners.
June 19, 2001 Property inspected. Property still in violation.
July 9, 2001 Letter received from property owner indicating that the business
would no longer occur on the site.
July 20, 2001 Received a telephone call from one of the occupants asking
if they could park trucks there over the weekend. Our
response was "NO" .
August 6, 2001 Close letter was sent (for VI-0100142) .
August 24, 2001 Complaint received via telephone call from a concerned
citizen.
August 24, 2001 Letter sent to property owner indicating that the violation
case was scheduled before the Board of County Commissioners.
2001-2556
Currently, there is a violation of Chapter 23, Article III (3) , Division 1,
Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40 .O and 23-3-40 .R of the Weld County
Code. To bring the property into compliance the property owner shall cease all
business activities located at the site or apply for a Use by Special Review
application. If the property owner chooses to apply for a Use by Special Review
permit, the owner will be required to meet the criteria of a Home Business.
The Department of Planning also recommends that the County Attorney authorize
legal action against 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.
6 '
DEPARTMENT OF PLANNING SERVICES
CO Code Compliance Division
WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
7 1 • 1555 N. 17th Avenue, Greeley, CO 80631
COLORADO Phone (970) 353-6100
Fax (970) 304-6498
August 24, 2001
Mr. & Mrs. Gonzalo Lozano
7485 Patrick Street
Aristocrat Ranchettes
Fort Lupton, CO 80621
Subject: VI-0100246, Lot 2, Blk 48, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. & Mrs. Lozano:
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 11, 2001, at 10:00 a.m., to consider the violations
occurring on the property. The above mentioned 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 23-340 "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..."
To bring the property into compliance the following option(s)are available:
While we did receive a letter from you(dated July 9,2001)stating that the business would not return,we have
since seen commercial equipment return to the property. The commercial business currently is not permitted
under Weld County Code as a use by right,an accessory use or a use by special review. It might be possible to
apply for a Use by Special Review permit as a"Home Business",but your property would have to meet the
intent of a"Home Business". Please come in and speak to one of our"On-Call Planners"(Monday or Friday,
12:00 p.m.-4:00 p.m.or Tuesday through Thursday,7:30 a.m.-4:00 p.m.). If a Use by Special Review is not
permitted the business shall cease its function at this property.
This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in
attendance to answer any questions the Board of County Commissioners might have about the violations.
Please also be advised that I will be taking video from the road or adjacent properties the day before the
Violation Hearing(indicated above).
Mr. & Mrs. Lozano
Page 2 •
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.
Sinly, U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
r-
Bethany Salz n I R
ru
Zoning Compliance Officer
Rl Postage $
pc:VI-0100246 r-4
Certified Fee
Julie Chester, Lead Planner
Postmark
Bruce Barker, County Attorney Return Receipt Fee - Hero
(Fndersement Required)
•
O Restricted Delivery Fee
CI (Endorsement Required)
p
Mal Postage II Fees $
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lin Recipient's Name (Please Print Clearly)(To be completed by mailer)
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Mr, .............No.;or ____.------- _.
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SE₹+i eE CUM•LE7F_ THIS SECTION • COMPLE?F_ THIS SECTION ON DC-LIVERY
• Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse V r, - . ,e. OS Z 8^D/
so that we can return the card to you. C. Signature
• Attach this card to the back of the mailpiece, X / O Agent
or on the front if space permits. i. ❑Addressee
D. delivery address different fro•-item 1? O Yes
1. Article Addressed to: If YES,enter delivery address below: O No
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4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number(Copy from service label)
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PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952
SERVICE,TEAMWORK,INTEGRITY,QUALITY
L.N)
rac
n DEPARTMENT OF PLANNING SERVICES
.J WIIPeO
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
y _ � ,` Phone: (970) 353 6100, Ext. 3540
CO JJiJ OR i�/� DO ;,0„4,4 `(' ���� Fax: (970) 3046498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
K ZONING CODE COMPLAINT ❑ Staff/Name: X Citizen 0 Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known): LeltCro t {t rr)
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): 31—)a—SS-1 - yeD$
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: 4?)IaaiO\
Pending Case#(i.e. USR,RE,SE,ect...):
Legal Description: l.ca t��I LV% PYRE ty Mna ar t}iix A( A Parcel#: t, .am4 o'' ooa
Violation Address: 'it4V1 rb(,te
Property Owners Name: J t CIo yle, E., gait ra Phone:
Property Owners Address: 4('Y-E L n, ( O Sri o7.I
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: Ur Th frith ltnai' ref rnen
Complaint Referred To:' t1t-ne l Date: $', let
Complaint Referred To: U Date:
Additional Notes:
(eitticif( a
iwasese DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
O 1555 N. 17th Avenue, Greeley, CO 80631
1 ID O Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
August 6,2001 •
Mr.&Mrs. Gonzalo Lozano
7485 Patrick Street
Aristocrat Ranchettes
Fort Lupton,CO 80621
Legal Description: VI-0100142 Lot 2,131k 48,Aristocrat Ranchettes,Weld County,Colorado
Dear Mr.&Mrs.Lozano:
The Weld County Department of Planning Services Staff closed the zoning violation case on your property. The
commercial business has been removed based on your letter received on July 9,2001;therefore,the zoning violation
is now closed. Please be advised that should you wish to return the business operation to the property,a Use by
Special Review application shall be submitted and approved prior to the business returning. If you have any
additional questions regarding the Use by Special Review application,I would suggest that you come to the office
and speak to one of our"On-Call Planners"(Monday or Friday, 12:00 p.m.-4:00 p.m. or Tuesday thru Thursday,
7:30 a.m.-4:00 p.m) No appointment is necessary because individuals are seen in the order they sign in.
Thank you for your cooperation in this matter. 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) VV
Zoning Compliance Officer
pc: VI-0100142
Julie Chester
County Attorney's Office
SERVICE,TEAMWORK,INTEGRITY,QUALITY
JUL-09-2001 10 : 18 AM LOZPN 303 536 4124 P. 01
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To whom it may cOttraia: I
I sent you this letterto let yot bttw: 1 i so potboattying on this:
_ business on this property ifl anwgyti dr We have removed the
trucks to a pettatit a d I + I±lttr of that if we want to.
bring the busies iatt h'k t pifd$iiy•1 ti wt iltrd to got a permit.
Thanks for mtir! fed edj'time,
SiiittielYs ,
'alena I.,oaatto
wail
,,,////// Memorandum
S July 6,2001
To: Board of County Commissioners
From: Bethany Salzman,Zoning Compliance Officer, Dept.Of Planning Services
CSubject: Legal Action Authorization
COLORADO •
The Department of Planning Services has scheduled the following violations to be considered at the
July 10, 2001 hearing beginning at 10:00 a.m.. The Department of Planning Services'is requesting that
the Board review the individual cases and determine whether or not to authorize legal action to remedy
the violations.
Weld County Zoning Violation Cases:
VI-0100051, Mr. Jeffrey Wall and Ms. Eirene Hull
Chapter 23, Article 111(3), Division 1, Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code.
Noncommercial Junkyard consisting of numerous derelict vehicles.
VI-0100047, Mr. Abstar Diengdoh and Tenant the
Chapter 23,Article 111(3), Division 1, Sections 23-3-20, 23-3-30 and 23-3130 1 of wood and dCm miscellaneous
Code.
Noncommercial Junkyard consisting of numerous derelict vehicles, app
debris.
VI-0100142, Mr. & Mrs. Gonzalo Lozano
Chapter 23, Article 111(3), Division 1, Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.O and 23-3-40.R of
the Weld County Code.
Commercial Business without a Use by Special Review permit.
VI-9800172, Ms. Barbara Saint
Chapter 23, Article 111(3), Division 2, Sections 23-3-150, 23-3-150.B and 23-3-150.C of the Weld County
Code.
A Noncommercial Junkyard is not an allowed use in the R-5 zone district.
VI-0100206, Ms. Elva Griffith c/o Mr. Bruce Griffith
Chapter 23, Article 111(3), Division 1, Sections 23-3-20, 23-3-30, 23-3-40 and the RECREATIONAL
VEHICLE definition of the Weld County Code.
Utilizing a camper/trailer as a"Temporary Accessory to the Farm".
Weld County Combined Zoning and Building Violation Cases:
VI-0100050, Jaguar Group LLC and Mr. Don Saathoff
Chapter 23, Article 111(3), Division 1, of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.R and Chapter
29, Article 111(3), Sections 29-3-50 and 29-3-320 of the Weld County Code.
Commercial Business without a Use by Special Review permit and Change in Use of a structure without
a building permit.
VI-0100099, Mr. and Mrs. Bill Bissett
Chapter 23, Article 111(3), Division 1, Sections 23-3-20, 23-3-20.P, 23-3-30, 23-3-30.F and 23-3-30.1 and
Chapter 23, Article IV(4), Division 3, Section 23-4-130 and Chapter 29, Article VII(7), Section 29-7-10 of
the Weld County Code.Mobile Home without zoning or building permits. lderelict vehicles,derelict c mper/trailers, wood, met t
metal d Imiscellaneous debris.
i Junkyard consisting of
Service,Teamwork,Integrity,Quality
Weld County Combined Zoning/Building Violation Cases Cont...:
VI-0000082, Ms. Virginia Sand
Chapter 23, Article 111(3), Division 2, Sections 23-3-150, 23-3-150.B and 23-3-150.C and Chapter 29,
Article VII(7), Section 29-7-10 of the Weld County Code.
A Noncommercial Junkyard consisting of derelict vehicles, wood, metal and miscellaneous debris.
Additionally, the mobile home does not have a valid building permit that can be found.
VI-0100003, Mr. Julian Gomez
Chapter 23, Article 111(3), Division 1, Sections 23-3-20 and 23-3-20.P and Article IV(4), Division 3,
Sections 23-4-140 and 23-4-200 and Chapter 29, Article VII(7), Section 29-7-10 of the Weld County
Code.
Complete all inspection required through their building permit(PR-9930159).
VI-0100046, Mr. &Mrs. Ryan Lutz
Chapter 23,Article 111(3), Division 1, Sections 23-3-20, 23-3-20.P and Article VII, Division 3, Section 23-
4-140 and Chapter 29, Article VII(7), Section 29-7-10 of the Weld County Code.
Mobile Home without zoning or building permits.
VI-0000022, Mr. & Mrs. Michael Eggleston
Chapter 23, Article 111(3), Division 1, Sections 23-3-20, 23-3-20.A, 23-3-30, 23-3-30.1 and Chapter 29,
Article 111(3), Section 29-3-320 and Article X1(11), Section 29-11-30 of the Weld County Code.
Noncommercial Junkyard and utilizing a shed as a dwelling unit.
Weld County Zoning Violation Cases Closed:
VI-0100034, Mr. & Mrs. James Dawkins
"Closed", Copy of lease provided for file allowing additional animal units
V1-0010002, Mr. & Mrs. Tommie Rosales
"No Viol", Wrong property owners
VI-0000136, Mr. James Carey
"Closed", Recreational Vehicle no longer being utilized as a dwelling unit
VI-9900307, Mr. Harry Arlo Gartrell
"Closed", "Noncommercial Junkyard"was removed
VI-0000328, Mr. & Mrs. Donald Littrell
"Closed", "Noncommercial Junkyard"was removed
VI-0100048, Mr. James Boyd
"Closed", No commercial business on site
VI-0000123, Mr. & Mrs. Daniel Lescallette
"Closed", New owners, See V1-0100186
V1-0000291, Mr. & Mrs. Scott Ormiston
"Closed", No business activity occurring
VI-9900339, Mrs. Lou Elva Spilman
"Closed", ZPMH-2252 completed and NCJY removed
Service,Teamwork,Integrity,Quality
Weld County Zoning Violation Cases Closed Cont...:
VI-0100141, Mr. & Mrs. Brad Kerbs
"No Viol", Duplicate entry, See VI-0100178
VI-0100178, Kerbs Dairy
"Closed", Property brought into compliance with CAFO regulations(Health requirements)
VI-0100056, Mr. Ramon Juarez-Naranjo, Ramon &Ms. Mary Ortega
"Closed", Noncommercial Junkyard removed
Weld County Combined Zoning and Building Violation Cases Closed:
VI-0100011, Mr. & Mrs. Kendall Holzworth '
"Closed", 2nd Dwelling Unit was removed
•
Service,Teamwork, Integrity,Quality
DATE: July 3, 2001
VIOLATION NUMBER: VI-0100142
NAME: Mr. & Mrs. Gonzalo Lozano
ADDRESS: 7485 Patrick Street, Aristocrat Ranchettes, Fort Lupton, CO
80621
ZONE DISTRICT: Agricultural
LEGAL DESCRIPTION: Lot 2, Blk 48, Aristocrat Ranchettes, Weld County, Colorado
PARCEL NUMBER: 1309-27-4-08-002
CASE SUMMARY
May 4, 2001 Initial complaint received via telephone call from a concerned
citizen.
May 7, 2001 Five day compliance encouragement letter issued.
May 9, 2001 Initial inspection completed.
May 9, 2001 Mr. Lozano came to office and spoke to Lauren Light, Planner On-
Call.
May 15, 2001 Violation letter issued.
June 15, 2001 A concerned citizen called for an update on this case.
June 15, 2001 Letter sent to property owner indicating that the violation case
was scheduled before the Board of County Commissioners.
June 19, 2001 Property inspected. Property still in violation.
Currently, there is a violation of Chapter 23, Article III (3) , Division 1,
Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40 .O and 23-3-40.R of the Weld County
Code. To bring the property into compliance the property owner shall cease all
business activities located at the site or apply for a Use by Special Review
application. If the property owner chooses to apply for a Use by Special Review.
permit, the owner will be required to meet the criteria of a Home Business.
The Department of Planning also recommends that the County Attorney authorize
legal action against 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.
a
(lelk
I DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
O WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
h • 1555 N. 17th Avenue, Greeley, CO 80631
COLORADO Phone (970) 353-6100
Fax (970) 304-6498
June 15, 2001
Mr. & Mrs. Gonzalo Lozano
7485 Patrick Street -
Aristocrat Ranchettes
Fort Lupton, CO 80621
Subject: VI-0100142, Lot 2, Blk 48, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. & Mrs. Lozano:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on July 10, 2001, at 10:00 a.m., to consider the violations
occurring on the property. The above mentioned property is in violation of the following Section(s) of the
Weld County Code:
Chapter 23,Article lll, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right"
Section 23-3-30 "Accessory uses."
Section 23-3-40 "Uses by special review."
Section 23-3-40.0 "Home Business."
Section 233-40.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..."
To bring the property into compliance the following option(s) are available:
The commercial business currently is not permitted under Weld County Code as a use by right,an accessory use
or a use by special review. It might be possible to apply for a Use by Special Review permit as a"Home
Business",but your property would have to meet the intent of a"Home Business". Please come in and speak to
one of our"On-Call Planners"(Monday or Friday, 12:00 p.m.-4:00 p.m.or Tuesday through Thursday,
7:30 a.m.-4:00 p.m.). If a Use by Special Review is not permitted the business shall cease its function at this
property.
This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in
attendance to answer any questions the Board of County Commissioners might have about the violations.
Please also be advised that I will be taking video from the road or adjacent properties the day before the
Violation Hearing (indicated above).
Nlr. r5c lvlrs. Lozano
Page 2
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.
U.S. Postal Service
Sincerely, CERTIFIED MAIL RECEIPT
(Domestic Mail Only: No Insurance Coverage Provided)
ni
Bethany Salz n
Zoning Compliance Officer
to Postage $
ri
pc:VI-0100142 o Certified Fee
Julie Chester, Lead Planner Postmark
Return Receipt Fee
Bruce Barker, County Attorney 143
(Endorsement Required) Here
p Restricted Delivery Fee
▪ (Endorsement Required)
Tbtel Postage&Fees
ru
Recipient's Name (Please Print Clearly)(To be completed by mailer)
MR. & MRS. GONZALO LOZANO__
Street,Apt.No.;or PO Box No.
7485 PATRICK STREET
CI City.State,ZIP.4
FORT LUP ON CO 80621
PS Form 3800•February 2000 See Reverse for Instructions
t
ti
SENDER' COMPLETE THIS SEC DON COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Received by(Please Pont Clearly) B. •: :of livery
item 4 if Restricted Delivery is desired. /l
j.i p��
• Print your name and address on the reverse (�/
so that we can return the card to you. C. Signature
■ Attach this card to the back of the mailpiece, R/� ❑Agent
or on the front if space permits. Brit! Q�� 0 Addressee
D. I elivery address different frer6 item 1? 0 Yes
1. Article Addressed to: f YES,enter delivery address below: 0 No
MR. & MRS. GONZALO LOZANO
7485 PATRICK STREET
ARISTOCRAT RANCHETTES
FORT LUPTON, CO ::80621
3. Service Type
XXfCertified Mail ❑Express Mail
❑Registered ❑ Return Receipt for Merchandise
❑Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number(Copy from service label)
7000 0520 0018* 0313 0572
PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952
SERVICE,TEAMWORK,INTEGRITY,QUALITY
(71,cft: p DEPARTMEN OPLANNING SERVICES
ii
, Code Compliance Division
l WWzman@c Eweld.c US
E-mail Address: bsalzman@co.wekLco.us
1555 N. 17th Avenue, Greeley, CO 80631
III ' Phone: (970) 353-6100, Ext. 3540
C. Fax: (970) 304-6498
COLORADO WELD COUNTY
ZONING VIOLATION NOTICE
May 15, 2001
Mr. & Mrs. Gonzalo Lozano
7485 Patrick Street
Aristocrat Ranchettes
Fort Lupton, CO 80621 -
Subject VI-0100142, Lot 2, Blk 48, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. & Mrs. Lozano:
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 23-3-40 "Uses by special review."
Section 23-3-40.0 "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..."
To bring your property into compliance with the Weld County Code:
The commercial business currently is not permitted under Weld County Code as a use by right, an accessory use or a use by
special review. It might be possible to apply fora Use by Special Review permit as a"Home Business",but your property would
have to meet the intent of a"Home Business". Please come in and speak to one of our"On-Call Planners"(Monday-Thursday
7:30 a.m.-4:00 p.m.or Friday 12:00 p.m.-4:00 p.m.). If a Use by Special Review is not permitted the business shall cease its
function at this property.
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 ,June 15,2001,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 an
Zoning Compliance fficer
pc: VI-0100142
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Cf49 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
WI I p C Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
May 7, 2001
Mr. & Mrs. Gonzalo Lozano -
7485 Patrick Street
Aristocrat Ranchettes
Fort Lupton, CO 80621
Subject: VI-0100142, Lot 2, Blk 48, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. & Mrs. Lozano:
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
commercial business ("Lozano Trucking") without an approved Use by Special Review permit. To obtain this
permit, please speak to one of our"On-Call Planners" Monday-Thursday 7:30 a.m. -4:00 p.m. or on Friday
from 12:00 p.m. -4:00 p.m..
Please contact me within five working days of the date of this letter to review these concerns with me or a thirty-
day violation notice will be 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 Salzma
Zoning Compliance Office
pc: VI-0100142
Julie Chester, Lead Planner •
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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- Status: COMPLNT 1' Written By BJS Sec/Twn/Rng: 127 02 66 -- .
_ _ - _ - _ • • = Description: "Lozano Trucking"w/out USR-Heavy equipment •
Location: 7485 Patrick Street Aristocrat Ranch
Zoning Dist: AGRI Permit Num: 1 .
• App Type: VI J (BCV=BLDNG VIO,VI-ZONING VIO,WCV-WELD VIO"bcv s vi")
Class Code: VI-6
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
11
C i _ �, ' ' 1555 N. 17th Avenue, Greeley, CO 80631
COLORADO
� // Phone: (970) 353-6100,x: (97 Ext.4 3540
4
Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
it ZONING CODE COMPLAINT 0 Staff/Name: P Citizen ❑ Other:
O BUILDING CODE COMPLAINT
Date Complaint was received: 5la l bl
Pending Case#(i.e.USR,RE, SE, ect...):
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Property Owners Name: �.t') r' v-) Gflf&1Cl Phone:
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Tenant's Name:
Phone:
Tenant's Address:
NATURE OF COMPLAINT: Long'Truc y i )
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Zoning Complaint Referred To: .--- h1(YKl in Date: (O1 11O1
Building Code Complaint Referred To: Date:
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I riled for record the day of ,5.0. , at o'clock RECORDER
BY
Reception No. DEPUTY.
,(\\�/1 WARRANTYDEED S!_'2 C_S/2/'m'^•,-y'r�@�
TITS DEED, wide on tkie day of FMwry W,Rpl r ��/—r-/y i
between KELLY GENE MALWIIZ AND ANGELIQUE JEANETE MALWL2 n., a ___
R of the County of WELD and State of Colorado , of the Era to or(e), sr 1
' GONZALO A.LOZANO AND YADIRA LOZANO
3 whose legal address is ''493 PATRICK SIAEET FORT LUPLON CO 80621
of the county of IWEr end State ofColorado of the 4rmteel0):
VINTNERS, That the;mitotic), for and In consideration of the sus of 1 5226.000.00 I
••a Two Hundred Twenty Six Thausai sod 00/I00••• DOLLARS
the receipt and urtnd ency of which is hereby¢Fbl edged, nn granted,bargained, sold wood conveyed, and by these
res
ents does grant, bsrgtin, sell, convey end confirm the trsntee their heirs and actions forever,
ot in tmarcY In carmen but in joint tenancy, al m aL
l the reel property, together eith lapureianta, If m situate,
a tuate,
lying ad being In the County of WELD end Stan of mmredo, described ac follows:
LOT 2.BLOCK HI ARISTOCRAT RANCHETSES.SECOND FILING,COUNTY OF WELD.STATE OF COLORADO.
also known se street number 7403 PATRICK STREET.FORT LUPTON,CO 80621
TOGETHER with all and si Muter end herediteeento end eppurtenan<6 thereto betonp Ins, or n invoice appertli Ling
e nd the reversion ad reversions, reminder sod reminders, rents, Issues BM profits thereof; and all the estate, right
title internt, <leis as dwed Metaaw m r of the trrorp), either in law or equity. et, in end to the dome bargaid
premien,asits, the hereditament;sod o urtenance:
TO HAVE AND TO HOLD the said premises above bargained'd described girth appurtenance;, unto'me Crente(o,
their heir.and onions forever. The Ormmr00, for himself, hi.heirs end peraonl repraamutives, does covment, armt,
bargain,aid agree to end with the ormtee00. their heirs end assigns, that.t the time of the enseeing and delivery
of these present., he is well.wired of the premien stone<wneyed, hes good,sun, perfect, absolute and Indefeesible
estate of irderiteece, In law, in fee limply, and has good right, full power M lawful authority to grant, bargain,
sell Ord convey the saes In merrier and form es aforesaid, and that the are ere and clear from all former and other
t rante, bereint, sales, liens, texas, rat. encumbrances and restrictions of whatever bird or nature soever,
SURFER TO GENERAL TAXES FOR THE YEAR 2091'.AND EASEMENTS,RESERVATIONS.RESTRICTIONS,COVENANTS AND
RIGHTS OF WAY OF RECORD,IF ANY.AND DISTRIBUTION UTILITY EASEMENTS:AND MATTERS NOT SHOWN BY THE PUBLIC
RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE.AND INCLUSION OF THE PROPERTY WrIT11N ANY SPECIAL
TAXING DISTRICT;ANDTHS BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS.IF ANY.
The 6rmtorfe shall and sill WORMMI AID FOREVER OFFEND the*nave bergeined premises In the gut at and peaceable
possession of the orenteee),his heirs and anions,*saint di and*very person or persons lawfully claiming the whole
or any pert thereof. The singutsr nurber shall include the plural, and the plmsl the eennuler, sod the me of my gender
a shall be applicable to ell genders.
IN W1'NRSS WHEREOF the Irmtarfa)he executed this deed on the date set forth above.
i.
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ANOELI E1 N 'EfALWI1L ill I
STATE Of Colorado )
Ise.
Canty of BOULDER
The foregoing nntnrent was eckmwleged before n on this day of February 09,2001 •
by KELLY GENE MALWRZ AND ANGELSOUE JEANETTE MALWSTZ
my commission en sa
ds
rc Ite my hand end official l. ciL Vn Cil, I/-
/
eatery Public
Mme and Address of Person Creating Newly Crested Leal Description(38.35.106.5, C.R,S.1
Eecrowf 13200495 When Recorded Return to:OGIZALO A. 10LM0 AM YAMIRA LWAIKI
Title/ FC2TaPo -
)495 PATRICK STREET
Coco No. 02IA Rev 4.94.NM0*ott DEED(Joint Tenants WWII) FORT LWtOO, CO 50621
`; C5:21(x+°l17
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DEPARTMENT OF PLANNING SERVICES
C Code Compliance Division
O WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
• 1555 N. 17th Avenue, Greeley, CO 80631
COLORADO Phone (970) 353-6100
Fax (970) 304-6498
September 11, 2001
Mr. & Mrs. Gonzalo Lozano
7485 Patrick Street
Aristocrat Ranchettes
Fort Lupton, CO 80621
Subject: VI-0100246, Lot 2, Blk 48, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. & Mrs. Lozano:
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 9, 2001, at 10:00 a.m., to consider the violations
occurring on the property. The above mentioned property is in violation of the following Section(s) of the
Weld County Code:
Chapter 23,Article 111, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-40 "Uses by special review."
Section 233.40.0 "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..."
To bring the property into compliance the following option(s) are available:
While we did receive a letter from you(dated July 9,2001)stating that the business would not return,we have
since seen commercial equipment return to the property. The commercial business currently is not permitted
under Weld County Code as a use by right,an accessory use or a use by special review. It might be possible to
apply for a Use by Special Review permit as a"Home Business",but your property would have to meet the
intent of a"Home Business". Please come in and speak to one of our"On-Call Planners"(Monday or Friday,
12:00 p.m.-4:00 p.m.or Tuesday through Thursday,7:30 a.m.-4:00 p.m.). If a Use by Special Review is not
permitted the business shall cease its function at this property.
This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in
attendance to answer any questions the Board of County Commissioners might have about the violations.
Please also be advised that I will be taking video from the road or adjacent properties the day before the
Violation Hearing (indicated above).
Mr. &Mrs. Lozano
Page 2
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, U.S.Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
i
Bethany Salzma
• Zoning Compliance Officer o
n! Postage $
pc: VI-0100246 ri
m Certified Fee
Julie Chester, Lead Planner C -
postmark
Bruce Barker, County Attorney rJ7 Return Fee Here
(Endorsement Required)
O Restricted Delivery Fee
CI (Endorsement Required)
O Total Postage&Fees
N
ul Recipient's Name (Please Print Clearly)(To be completed by mailer)
CI MR. & MRS. GONZALO LOZANO
ci Street,Apt,No.;or Po Box No.
0 7485 PATRICK STREET
M1 City,State,ZIP.4 --------_.�-- ���.--�—.
FOR CO 80621
S F.rm 3:r r,Fe.ruar
SEN aE•: CaM'LETE THIS SECTI aN C•M•LETE THIS SECTI•N rN •ELIVE•Y
• Complete items 1,2,and 3.Also Complete A. Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you. C. Signature
• Attach this card to the back of the mailpiece, O Agent
or on the front if space permits. X h s._ - ❑Addressee
1. Article Addressed to: D. -delivery address different , item 1? O Yes
If YES,enter delivery address below: O No
MR. & MRS. GONZALO LOZANO
7485 PATRICK STREET / •
``-
ARISTOCRAT RANCHETTES ' 9OO1 s2
FORT LUPTON, CO 80621 3..,Service Type
X` Zertified Mail O Express Mail
❑,Registered. -O Return Receipt for Merchandise
❑ Insured Mail O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number(Copy from service label)
7000 0520 0018 0312 9699
PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952
SERVICE,TEAMWORK.INTEGRITY,QUALITY
Hello