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Home My WebLink About20011202 RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI #0000303 AGAINST JOSE AGUIRRE 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, Jose Aguirre, VI #0000303, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 8th day of May, 2001, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Richard Lipuma, representative for Jose Aguirre, was present at said hearing, and. WHEREAS, the Board of County Commissioners deems it advisable to continue said violation to July 8, 2001, to allow adequate time for the property owner's attorney to be present at said hearing, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0000303 be, and hereby is, continued to July 8, 2001, at 10:00 a.m. 2001-1202 I ; Az chi 4v/ PL0824 I6' VIOLATIONS -VI #0000303 - JOSE AGUIRRE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of May, A.D., 2001. BOARD OF COUNTY COMMISSIONERS � WELD COUNTY, COLORADO ATTEST: 12 tirla��/v A40I /_ /I,\ XCUSED 4,1 , ti • �� J Geile, Ch it Weld County Clerk to the B . (.' ." . �� ! 1 c. ?ow Senn Vaa., •ro-Tem BY: o I •A! Deputy Clerk to the Board `� woe 1 Willia . Jerke APP V A ORM: cam l vid . on unty Attorney_ Robert D. Masden 2001-1202 PL0824 DATE: May 3, 2001 VIOLATION NUMBER: VI-0000303 NAME: Mr. Jose Aguirre ADDRESS: 4957 44th Avenue, Greeley, CO 80634 ZONE DISTRICT: Agriculture LEGAL DESCRIPTION: Lot 14, Indian Hills Subdivision, Weld County, Colorado PARCEL NUMBER: 0959-35-2-02-006 CASE SUMMARY October 4, 2000 Initial complaint received via telephone call. October 4, 2000 Initial inspection completed. October 4, 2000 Five day compliance encouragement letter issued. October 10, 2000 Telephone call received from Mr. Aguirre's attorney. October 13, 2000 Telephone call received from complainant. October 13, 2000 Property inspected. Property still in violation October 13, 2000 Violation letter issued. (also faxed to attorney) November 6, 2000 Mr. Aguirre came to office and spoke to both the "On-Call Planner" and the "On-Call Building Inspector." November 16, 2000 Telephone call received from Mr. Aguirre's new attorney. January 17, 2001 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners . January 29, 2001 Use by Special Review application received. Hold violation. February 27, 2001 Property inspected. Property still in violation. April 16, 2001 Telephone call received from Mr. Aguirre's new attorney. April 16, 2001 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners . 2001-1202 April 17, 2001 Use by Special Review application (USR-1318) officially withdrawn by attorney. April 17, 2001 A group of individuals voiced their concern regarding this property. April 20, 2001 Letter received from Mr. Aguirre's attorney requesting continuance. Continuance denied based on existing violation and public concern. April 23, 2001 Letter of response sent to Mr. Aguirre' s attorney. Currently, there is a violation of Chapter 23, Article II1 (3) , Division 1, of Sections 23-3-20, 23-3-30, 23-4-40 and 23-4-40 .0 of the Weld County Code. To bring the property into compliance the property owner shall obtain approval of a Use by Special Review permit and record the plat or remove the business and business equipment from the property. 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 . Inspection information Sheet VIOLATION: VI-0000303 STATUS: ISSUED DESCRIPTION: cranes,skid loaders,steel forms,etc. no USR BASE INFORMATION: PARCEL NUMBER: 0959-35-2-02-006 LEGAL DESCRIPTION: IH-14 L14 INDIAN HILLS SUB%4957 44 AV% SITUS: 4957 44 AV 001 WELD 00000 SITUS: 4957 44 AV 002 WELD 00000 OWNER: AGUIRRE JOSE OCCUPANCY: LOCATION: 4957 44th Avenue- Indian Hills Sub. APP TYPE: VI CLASS CODE: VI-6 ZONING DIST: AG INSPECTIONS: Item: 00404 TELEPHONE CALL 10/10/2000 By: BJS Action: TEL Comments: Attorney, James J. Peyton (Attorney at Law) fx-353-4025 710 11th Avenue - Suite 205 Greeley, CO 80631 called. He asked what the violation was in reference too. I informed him that we had received a phone call stating that there was several commercial equipment everywhere. I informed Mr. Peyton that removal or a "USR" were the options. I also informed Mr. Peyton that building permits would need to be obtained for any semi trailers being used as storage units. 10/13/2000 By: BJS Action: TEL Comments: Received telephone call from complaintant. Asked for the status on the case. Said they'd call back in 30 days. 10/04/2000 By: BJS Action: TEL Comments: Received telephone call from complaintant. Stated that this commercial business was operating from residence. Asked to start violation. Also, asked to remain anonymous. Told them to call back in a week for status. 11/16/2000 By: BJS Action: TEL Comments: Received telephone call from an attorney(Chrys Hinze). She stated that she was Mr. Aguirre's new attorney.Mr. Peyton is no longer handeling the case. Please refer all new communication through her. 04/16/2001 By: BJS Action: TEL Comments: Telephone call received from Mr. Aguirre's new attorney(Mr. George Ottenhoff). He was asking several questions regarding the USR and Violation. I explained to him that without a USR, this case would proceed with a Violation Hearing. I informed him that the case had already been scheduled for May 8, 2001. He asked me to fax him a copy of the letter that I had sent to Mr. Aguirre. -- I faxed the letter. Item: 00405 LETTER 10/04/2000 By: BJS Action: NO Comments: 5 day letter sent. 10/13/2000 By: BJS Action: NO Comments: 30 day violation notice issued. **Copy sent to attorney via fax** 01/17/2001 By: BJS Action: HR Comments: Violation Hearing notification (02/13/01 @ 1000)was sent. 04/16/2001 By: BJS Action: HR Comments: Violation Hearing notification (05/08/01 @ 1000) was sent. 04/20/2001 By: BJS Action: LET Comments: Received a letter from Mr. Ottenhoff requesting a continuance. 04/23/2001 By: BJS Action: INFO Comments: Sent a letter to Mr. Ottenhoff dening the request. We informed him that due to the ongoing violation and public concern, he would need to request the extension from the Board of County Commissioners. Item: 00400 SITE INSPECTION 10/04/2000 By: BJS Action: INSP Comments: Upon a visual inspection of the property, the following items were noted: commercial equipment was partially screened behind a privacy fence. 10/13/2000 By: BJS Action: INSP Comments: Upon a visual inspection of the property with Julie Chester, Lead Planner and myself, the following items were noted: a few commercial vehicles, some wood (behind the fence). Mr. Aguirre said that he does indeed have a construction business. He said that the commercial vehicles are on the site during the day and only return to the property overnight. He stated that he wanted to build a structure to keep the vehicles in. Julie explained his options to him. She said that as long as he did not have several vehicles and he built a structure to keep them in then he could apply for a USR for a home business. 02/27/2001 By: CG Action: INSP Comments: Chris Gathman, Planner, inspected the property. Please see pictures in file dated 02/27/01 -Disk 30 #1-6 &#13. Item: 00406 OFFICE VISIT 11/06/2000 By: BJS Action: INFO Comments: Mr. Jose Aguirre came to the office. He was asking questions regarding my letter. I told him that the construction on his property requires a "USR" permit. He showed me the "USR" application that I had mailed him. I informed him that it might be in his best interest to go ahead and apply for the building permits for the semi trailers being used as storage units. I refered him to the Inspector on call (Frank) to answer his questions in reference to the application. He said that he would get the "USR" packet in as soon as possible. 01/29/2001 By: CG Action: INFO Comments: Mr. Aguirre submitted a Use by Special Review application. Chris Gathman is the Planner handeling the case. i aCtZIR''' E COLORADO Data Sheet s VIOLATION: VI-0000303 STATUS: ISSUED DESCRIPTION: cranes,skid loaders,steel forms,etc. no USR BASE INFORMATION: PARCEL NUMBER: 0959-35-2-02-006 LEGAL DESCRIPTION: IH-14 L14 INDIAN HILLS SUB%4957 44 AV% SITUS: 4957 44 AV 001 WELD 00000 SITUS: 4957 44 AV 002 WELD 00000 PEOPLE: APPLICANT AGUIRRE JOSE 10/04/2000 4957 44TH AVENUE INDIAN HILLS SUBDIVISION GREELEY 80634 ATTORNEY OTTENHOFF GEORGE 10/13/2000 Phone: 353-2323 PO BOX 326 1011 11TH AVENUE GREELEY 80631 **COPY TO ATTORNEY** LOCATION: 4957 44th Avenue - Indian Hills Sub. APP TYPE: VI CLASS CODE: VI-6 ZONING DIST: AG COMMENTS:, • 111111111111111111IIIII11111111111111111111111111111111 21 R 6.00 / County D 118.50 JA Sukt Isukamoto 1 of cCrIC( WARRANTY DEED THIS DEED, Made this 21st day of June , 19 99 , between Douglas Egiof f and Darlene Dennis 6 70) 53 9 •-O tY I J .� of the County of Weld and State of Colorado �0' ^/t' F'�1/ '�A6( grantor,and Jose A. Aguirre � LOP whose legal'address is 495.7. 44th. Avenue., Greeley., CO. 80634- . - of the County of Weld and State of Colorado ,grantee: WITNESSETH.That the gran' for and in consideration of the sum of ONE HUNDRED EIGHTY FIVE THOUSAND AND NO/100- - DOI-LARS,($185, 000.00 ). the receipt and sufficiency of which is hereby acknowledged,has granted, bargained,sold and conveyed, and by these presents does grant.hagain,sell,convey ad confirm,unto the grantee,his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld , and State of Colorado, described as follows: Lot 14, Indian Hills, 300 County of Weld, State of Colorado also known by street and number as 4957 44th Avenue, Greeley, CO 80634 TOGETHER with all and singular the hereditaments and appurtenances(hereunto belonging,or in anywise appertaining,and the reversion and reversions, remainder and remainders,rents, issues and profits thereof, and all the estate,right, title. interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantee, his heirs and assigns, that at the time of the=sealing and delivery of these presents,he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and -,vial authority to grant,bargain,sell and convey the same in manner and form as aforesaid, and that the same are free and c.ar from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,except for taxes for the current year,a lien but not yet due or payable,easements,restrictions,reservations,covenants and rightsof-way of record,if any. The gaudor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion o. the grantee,his heirs and assigns,against all and every perso::or persons lawfully claiming the whole or any part thereof. The siogular number shall include the plural, the plural the singular and the use of al ,gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed nn the date set forth', ove. (j�'�y./� i l/�1 L7 Douas �gt I*1��y pEf Darlene Dens lI.IJJJ 1 ar- 7.- i_ = .- ` `'+ _ .e_ - j— a. eat S . _ _- r �. �� -.` ___ ma. 1 1 'A,. •ic 1 • • 1I -,..:,;;_CE � _ `, :�..•r. -- g iii �� Hj - `. I I - \ En;. 1 I .� - _ a - _ qw�- r / '� � � �_ -_ _ - ---...--.--___,,.- -:-.7.. i; r V r , ,1x.1; G , rr - f ` -_ '/•-atew__...=, ,itivil. ` - _— _ ' a`t'e•-=it - T► .c--_-.J.,- . < _-__;,- rz "1".......... ..,aw... - • -"...• a ... A ' - - ms r,]:e -mow _. _ - ?It. 't '- 4 iI;,$1 ? • 1 1 !j _ - -,`r.li✓l,Y-•��' \fir_•._ _ •ti 0".--V:,---..!-• r : fir` i. c S, Ik. .- •gyp / _ 1 / 1 _ I ��i A..4 r i i . ',� % ,fir "•e� _ ii .A , a � -- _,te _ '� ;�` - _ - -" ,.\ - . _. �x Jai _ �. -A H' fr l{ l ill — i i li ,....5,.b.".7.„,,, e p 71�' iqq � fG r ' • ' J • I • Vii _ zt'' Jam -_ '� = .•�. _.— ma" _ a a mwr — `d 1, I all! 1 i I I I I I I 1 1 I I i 6� +.p J - • ----- - ,-- - - _ s -Lr - f` _ __ � - �_ -<:s—i _.: ` ` _ _ -- r -- �_: - - -1 ,_• -�- e _ -14 - rOit�Y = "*---- ' -u ,:-_ ' -- -- --T -,� rsteri;\:, 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, 0, CO 80631 111 gO Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO . April 23, 2001 Mr.Jose Aguirre C/O: Mr. George Ottenhoff 1011 Eleventh Avenue . PO Box 326 Greeley, CO 80632 Subject: VI-0000303, Lot 14, Indian Hills Subdivision, Weld County, Colorado Dear Mr. Aguirre C/O Mr. Ottenhoff: In reference to your letter received, April 20, 2001, we would recommend that Mr. Aguirre or another representative attend the already scheduled violation hearing (May 8, 2001 at 10:00 a.m.) and request a continuance from the Board of County Commissioners due to his representation not being able to attend. Because of the on going violation and public concern, I can not grant an extension for this case. If the continuance is granted, the next scheduled violation hearings will be on June 12, 2001 at 10:00 a.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 Salzman Zoning Compliance Officer pc: VI-0000303 Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY LIND, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 GEORGE H.OTTENHOFF • TELEPHONE KENNETH F.LIND (970)353-2323 KIM R.LAWRENCE (97O)356-9160 TELECOPIER P.ANDREW JONES (970)356-1111 RICHARD T.LiPUMA E-MAIL geo.ye®Bohw.com April 19, 2001 Mr. Don Warden Weld County Planning Dept. Clerk to the Board of County Commissioners P.O. Box 758 "F: 2 0 2001 Greeley, CO 80632 RECEIVED RE: Jose Aguirre VI-40000303 Dear Mr Warden: Our firm represents Jose Aguirre regarding the matter described above. I am informed that this matter has been set for a hearing before the Board of County Commissioners on May 8, 2001 at 10:00 a.m. This hearing was scheduled without any consultation with this office, although the file of the Planning Department contains correspondence from me clearly indicating that I represent Mr. Aguirre. I am not available on the morning of May 8 for this hearing because of previously scheduled depositions of out of state witnesses in a pending District Court case. I could be available in the afternoon on May 8, and would ask that you contact my office regarding rescheduling the hearing. Yours very truly, LIND WRENCE & ENHOFF LLP t GHO/en pc. Lee Morrison Bethany Salzman Jose Aguirre F:\GHO\AGUIRRE\W ARDEN.LTR.wpd ?t-r) , DEPARTMENT OF PLANNING SERVICES I Code Compliance Division Ce WWW.CO.WELD.CO.US WI E-mail Address: bsalzman@aco.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100 Fax (970) 304-6498 April 16, 2001 Mr.Jose Aguirre 4957 441h Avenue Indian Hills Subdivision Greeley, CO 80634 Subject: V1-0000303, Lot 14, Indian Hills Subdivision, Weld County, Colorado Dear Mr. Aguirre: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on May 8, 2001, at 10:00 a.m.,to consider the violations occurring on the property. As we discussed the above mentioned property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Article III, Div I "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.O "Home Business." To bring the property into compliance the following option(s)are available: The"Commercial Business"shall be removed from the property or re-adjusted to meet the intent of a"Home Business." for your convenience, I have included the criteria that would be necessary to meet the intent of a"Home Business." 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). 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 Salz�rr♦an Zoning Compliance Officer pc: VI-0000303 Chris Gathman, Planner (USR-1318) Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK.INTEGRITY,QUALITY � r1 MEMORANDUM TO: Bethany COLORADO FROM: Chris Gathman . SUBJECT: Conversation with Jose Aguirre 2/22/01 * I spoke with Jose Aguirre regarding his pending USR application (USR-1318). I asked him about what equipment will be stored in his designated "storage area" on his site plan. He indicated that his vehicles and forms would be stored in the equipment storage area. The forms would be stored in the vehicles. * Mr. Aguirre also mentioned that his brother purchased a backhoe that would be stored on this property along with a couple of skidloaders. I mentioned to Mr. Aguirre that these vehicles were not listed in his application and that he needed to submit an updated list that reflects all of the equipment that will be stored on this property. * I mentioned to Mr. Aguirre that a complaint was received regarding the storage of a backhoe and pallets on an adjacent property. Mr. Aguirre denied this. He did mention that a backhoe was being stored on his property. I informed Mr. Aguirre that storage on outside properties is unacceptable and could jeopardize his pending special use permit application. • SERVICE,TEAMWORK INTEGRITY,QUALITY MEMORANDUM To: Chris Gathman, Planner February 20, 2001 h �P� From: Bethany Salzman, Zoning Compliance Officer COLORADO Subject: Mr. Jose Aguirre (VI-0000303) Please be advised that I received a phone call from a complainant regarding this case. She advised me that Mr. Aguirre has started parking some of his equipment at the following address: Connie Rhoads 5050 44'"Avenue Indian Hills Subdivision The complainant advised that so far,there are numerous pallets and a back hoe on the above mentioned property. Please advise Mr. Aguirre that if this is indeed this case, this is unacceptable. I am in the process of starting a violation on the above mentioned property. SERVICE,TEAMWORK,INTEGRITY,QUALITY ' C DEPARTMENT OF PLANNING SERVICES 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 January 17, 2001 Mr. Jose Aguirre - 4957 441h Avenue Indian Hills Subdivision Greeley, CO 30634 Subject: VI-0000303, Lot 14, Indian Hills Subdivision, Weld County, Colorado Dear Mr. Aguirre: The property referenced above remains in violation of the Weld County Zoning Ordinance. I have scheduled a meeting with the Board of County Commissioners on February 13, 2001, at 10:00 a.m., to consider the violations occurring on the property. As we discussed the above mentioned property is in violation of the following Section(s) of the Weld County Zoning Ordinance: 31.2 "Uses allowed by Right in the A(Agricultural)District." 31.3 "Accessory Uses in the A District." 31.4 "Uses by Special Review in the A(Agricultural)District." 31.4.18 "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 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." 31.4.15 "Home Business" To bring the property into compliance the following option(s) are available: As we have discussed a"Business"is not allowed in the Agriculture District unless a Use by Special Review"USR" permit has been submitted and approved by the Board of County Commissioners. In order to bring the property into compliance with the Weld County Zoning Ordinance,a"USR"application shall be completed and submitted to the Department of Planning Services or the"Business"shall be removed from the property. Also,as I indicated to you during our last telephone conversation,if we do indeed receive your application by February 12,2001,this case will not appear before the Board of County Commissioners. 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 betaking video from the road or adjacent properties the day before the Violation Hearing (indicated above). 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, the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please call me. U.S. Postal Service Sincerely, CERTIFIED MAIL RECEIPT iiii(Domestic Mail Only;No Insurance Coverage Provided) s • ✓ s Bethany Salzman r Postage $ Zoning Compliance Officer r- _0 Certified Fee 'n Postmark pc: VI-0000303 - Return Receipt Fee Here I'S' (Endorsement Required) Julie Chester, Lead Planner .a to Restricted Delivery Fee . Bruce Barker, County Attorney a (Endorsement Required) O Total Postage&Fees $ O S Recipient's Name(Please Print Clearly)(to be completed by mailer) I '' ^T MR. JOSE AGUIRRE CrStreet,Apt.No.;or PO Box No. n— 4957 44TH AVENUE - INDIAN HILLS SUBDIVIE ca City,State.ZIP+4 r- GREELEY, CO 80634 SERVICE,TEAMWORK,INTEGRITY,QUALITY t SENDER: I also wish to receive the •Complete items 1 and/or 2 for additional services. following services(for an m a Complete items 3,4a,and 4b. O a Print your name and address on the reverse of this form so that we can return this extra fee): to. card to you. y m •Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address .Z , permit. 2.0 Restricted Delivery y N •Write'Return Receipt Requested'on the mailpiece below the article number. y •The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. Z. delivered. O ai 3.Article Addressed to: 4a.Article Number 2 7099 3400 0017 6677 4464 a a MR. JOSE AGUIRRE 4b.Service Type 0 4957 44TH AVENUE 0 Registered ffi Certified U p INDIAN HILLS SUBDIVISION ❑ Express Mail 0 Insured GREELEY, CO 80634 0 Return Receipt for Merchandise 0 COD 1, 7. Date.of De ivery o rs`� o l ci 5.Received By: (Print Name) 8.Addr a Add ass(Only if requested ,C and t is paid) m .c 6.Signa e: Addr sloe or Agent) r., ~0 2 PS m3811,Decembben9994 10259598B.o229 Domestic Return Receipt FAX TRANSMISSION WELD COUNTY PLANNING OFFICES WEBSITE: WWW.CO.WELD.CO.US E-MAIL:BSALZMAN@CO.WELD.CO.US 1555 NORTH 1 7TH AVENUE GREELEY, CO 80631 (970)353-6100 ErT. 3540 FAx: (970)304-6498 To: Mr. James J. Peyton Date: October 13, 2000 Fax#: 970-353-4025 Pages: 3, including this cover sheet. From: Bethany Salzman Subject: VI-0000303 COMMENTS: Please see attached letter sent to Mr. Aguirre today. If you have any questions, please feel free to contact me. Thanks in advance.. SERVICE,TEAMWORK,INTEGRITY,QUALITY 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 Ce Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE October 13, 2000 Mr.Jose Aguirre 4957 44`I' Avenue Indian Hills Subdivision Greeley, CO 80634 Subject: VI-0000303 Lot 14, Indian Hills Subdivision, Weld County, Colorado Dear Mr. Aguirre: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Zoning Ordinance. Currently your property is in violation of the following Section(s)of the Weld County Zoning Ordinance: 31.2 "Uses allowed by Right in the A(Agricultural) District." 31.3 "Accessory Uses in the A District." 31.4 "Uses by Special Review in the A(Agricultural) District." 31.4.18 "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 the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan tiled 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 Zoning Ordinance: The commercial equipment consisting of skid loaders, cranes, steel forms, concrete, welding units and any other commercial equipment shall either be removed from the site or a Use by Special Review"USR"permit shall be required. Please be advised that Mr. Peyton (Attomey at Law)and I also discussed the requirement for obtaining building permits for the use of a semi trailer for storage. Please note: the posting of a business address and/or phone number(which is a residential address)in the telephone book,on business cards,in newspapers,etc.constitute a commercial business as well. 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 ,October 13, 2000, 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,htt7,4t\(%.‘, Bethany Salzman Zoning Compliance Officer pc: VI-0000303 Julie Chester, Lead Planner Bruce Barker, County Attorney James J. Peyton, Attorney at Law SERVICE,TEAMWORK,INTEGRITY,QUALITY 6 DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 C Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE • October 13, 2000 Mr.Jose Aguirre 4957 44th Avenue Indian Hills Subdivision Greeley, CO 80634 Subject: VI-0000303 Lot 14, Indian Hills Subdivision, Weld County, Colorado Dear Mr. Aguirre: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Zoning Ordinance. Currently your property is in violation of the following Section(s)of the Weld County Zoning Ordinance: 31.2 "Uses allowed by Right in the A(Agricultural) District." 31.3 "Accessory Uses in the A District." 31.4 "Uses by Special Review in the A(Agricultural) District." 31.4.18 "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 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 Zoning Ordinance: The commercial equipment consisting of skid loaders, cranes, steel forms, concrete, welding units and any other commercial equipment shall either be removed from the site or a Use by Special Review"USR"permit shall be required. Please be advised that Mr. Peyton (Attorney at Law)and I also discussed the requirement for obtaining building permits for the use of a semi trailer for storage. Please note:the posting of a business address and/or phone number(which is a residential address)in the telephone book,on business cards,in newspapers,etc.constitute a commercial business as well. 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 ,October 13, 2000, 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-0000303 Julie Chester, Lead Planner Bruce Barker, County Attorney James J. Peyton, Attorney at Law SERVICE,TEAMWORK,INTEGRITY,QUALITY 0 DEPARTMENT OF PLANNING SERVICES Code Compliance Division I Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 1111 g coO Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO October 4, 2000 Mr.Jose Aguirre - 4957 44'h Avenue Indian Hills Subdivision Greeley, CO 80634 Subject: VI-0000303, Lot 14, Indian Hills Subdivision, Weld County, Colorado Dear Mr. Aguirre: 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 Zoning Ordinance. The potential noncompliance with the Zoning Ordinance is a commercial business operation from your home address. I have enclosed a copy of a Use by Special Review or a "USR" application for your convenience. If you have any questions, please feel free to contact our On-call Planner, Monday-Thursday 7:30 a.m. -4 p.m. and Friday 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, t -/Ast\SM- Bethany Salzman Zoning Compliance Office pc: VI-0000303 Julie Chester,-Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY AIMS-Citrix ICA Client B❑® El Account Maintenance -4;77- ' Owner NamefAddress Md Levy' 87.606000 WNW Account Sni AGUIRRE JOSE A * Legal Des:ription R274948: 4957 44 AVE GREELEY CO 80634 1N 14'L14 INDIAN HILLS SIT57 44 AVZ 4 AV 0 Year District 4957.44-AV 001 WELD 00000 SITUS- 4957 44 AV 002 2000 0633 WELD 00000 Apr Dist Sl A y Parcel Number MN Space Seq 095935202006 Street No Dig Nof Street Name Type 4957 44 AV Location City Location Zip Acct Type WELD !00000 Residential BACode Owner Id Owner Location Map No 1311 Business Name Version: Y.Date Time Ii) Aor New Version 19990728001 284UL-1999 10:54 AM Kr-F? AIMS 20001004000 ® Name N Tax hears O Protest . TYPE I ACTUAL ASSD�. ACHES S4 FT I ❑Priors .[ Pre/Ede- RESIDENTIAL 175024 17.040 1.600, 2.640, ❑Ma'InleQ Moble Aeth❑Pers',r,,1 O Remarks ❑Value Dal and Gas I I. ❑ Tract ❑Tax bale ❑Reaordm9 Li terrde-O sPCAsml ( 5taleAsd tr4rAL Control "❑Imaging ' I 175.0241 17.0404 1 6001 2.640( h ®,8fock. -❑Mmes ,.. ❑Sales ❑Sibling ❑ History - QUERIES ❑ N LM❑ Flags O Od 6as O Name `J Mobile Current Year Prior Version - O Mme O Sales Prior Year Neixlt Version Abatement._.. O Twn O Parcel i Next Year Characteristics Prouty Card O"BIk7LoStreet O Condo()Account Clear Exit •. - • ' ' - parcel No 109$9 9 'II`2*o - T°61 ar Order " 660535 .. _ I R5Map �; �hKey.� R l 7t} (..A� ress General lnfnmiation ,,_.. C Id. INH No , Dr / _StreetName 0y i i Subdivision:I 4957 44 AV 1 . Fract e4RctF rA - '- -., __.. 'Atea: 000: Acresa 160 Situs .' Zo11109]. I _.I 4957 44 AV WELD ;w _t Census Tract' Can Sloth Primary Owner Information a XCoordj YCoord:l Least Desafotion' Narne:IAGUIRRE JOSE A IH-14 L14 INDIAN HILLS SUB%4957 44 AV%SITUS 495 _1.. Address 1-14957 44 AVE 7 44 AV 001 WELD 00000 SITUS 4957 44 AV 002 WELD 00000 Address 2IGREELEV CO I Address 3:I Address 4:I I -(.. Zip:100634 I Use Code., J Phoned 1 TPA-10533 Exempt r. Phone 2:I 1 ACTIVE Status:l Govt Owned r N,ofaiion:`lAssessors Conversion s fiftse Information INEIE3 I Tate �ExitF3ack P4rce1 No: 10959-35-2102.4106 Owner ]AGUIRRE JOSE A r Status J Written IBJS Sec/iryn� 135'05 `�_ - SY T flescnpton: Icranes,skid loaders,steel forms•etc. no USR Location: 14957 44th Avenue-Indian Hills Sub. Zcning gist lAGRI Permrt Num: f ...._.._ - _j .r- App TYpe:-�VI (BCV BLC)NG VIG V1� ONING VIO;WCV WEL a/1O"f?cv*vi') -- Glass'Code: JVI6 - x - Ibusiness s ,---4.,,.?,...:;.....,,-,,....,.'� •- rte --__ " -t fmplAint-.10/04/2000 , -•�iIiII BJS NO VI: l_/�� Inik I • .�, a; -._.1.-:-.-:'-'..--.-..:-.i;,-.•5Day-Lf ttec 110/04/2000 = hit'JBJS -. Issued: I_/_ .-lnit -� _ • 4Inspection L_i_i Init:I - ,..BCC Vio:, I____/_/______ .`.. Init:. I Court I____/_/_ I -:.• _Init Closed BCVr�_/_/— Init Closed VI M�l _' - (7a7 a ot..) 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: X ZONING CODE COMPLAINT ❑ Staff/Name: X Citizen izen PT-tin❑ Other: - ❑ HEALTH DEPARTMENT ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL o BUILDING CODE COMPLAINT o PUBLIC WORKS/PEST&WEEDS Date Complaint was received: t I \CC Pending Case#(i.e. USR,RE,SE, ect...):Legal Description: ki Ll LU Parcel#:C�f�T1e t•a.'3 'CtLv Violation Address: "1'"1 5-1 L44 0-\re nut g t -Property Owners Name: `D PC\(.l 1 'C'9 ) Phone: Property Owners Address: —� Tenant's Name: Phone: Tenant's Address: a..� NATURE OF COMPLAINT: ` 21 A 1--Y) i kQ rt h C'er S+4 aroma _ 1 'rn-s n i- I <On— t�'i 1 I�'�^ crn C7 Ai/� 'P� 7 i(� �Cxl ff' �1' (�,�� f- �l 1 ns l t Zoning Complaint Referred To: tyan Date: \D�i\`1.,�C) Building Code Complaint Referred To: Date: Additional Notes: FILE CONTAINS PHOTOS LIND, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND (970)353-2323 KIM R.LAWRENCE (970)356-9160 TELECOPIER P.ANDREW JONES (970)356-1111 RICHARD T.LiPUMA E-MAIL geofge@Ilolaw.com April 19, 2001 Mr. Don Warden Clerk to the Board of County Commissioners P.O. Box 758 Greeley, CO 80632 RE: Jose Aguirre VI-40000303 Dear Mr Warden: Our firm represents Jose Aguirre regarding the matter described above. I am informed that this matter has been set for a hearing before the Board of County Commissioners on May 8, 2001 at 10:00 a.m. This hearing was scheduled without any consultation with this office, although the file of the Planning Department contains correspondence from me clearly indicating that I represent Mr. Aguirre. I am not available on the morning of May 8 for this hearing because of previously scheduled depositions of out of state witnesses in a pending District Court case. I could be available in the afternoon on May 8, and would ask that you contact my office regarding rescheduling the hearing. Yours very truly, LIND .L WRENCE & ENHOFF LLP e . t GHO/en pc. Lee Morrison Bethany Salzman Jose Aguirre F:\GHO\AGUIRRE\W ARDEN.LTR.wpd Hello