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Home My WebLink About20012981.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST DAVID AND LONA COWAN 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, David and Lona Cowan, VI #0100226, 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 23rd 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, David Cowan, 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 December 23, 2001, 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 #0100226 be, and hereby is, referred to the Weld County Attorney's Office for legal action against David and Lona Cowan 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 December 23, 2001, to allow adequate time for the property owners to bring the subject property into compliance. 2001-2981 PL0824 VIOLATIONS -VI #0100226 - DAVID AND LONA COWAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of October, A.D., 2001. BOARD OF C NTY COMMISSIONERS WELD COU , COLORADO ATTEST: M. J.1 Ile, ”air v ' Weld County Clerk tot o t\ 1861 j aaOe,..Qp � /a./� /d / ', Glenn Vaad, • Deputy Clerk to they NI- / Willia . Jerke ,PR9rED A F M: David E. Long unty Attorn y EXCUSED Robert D. Masden / Date of signature: 2001-2981 PL0824 DATE: October 18, 2001 VIOLATION NUMBER: VI-0100226 NAME: Mr. & Mrs. David Cowan ADDRESS: 7309 Henry Street, Fort Lupton, CO 80621 ZONE DISTRICT: Agriculture LEGAL DESCRIPTION: Lot 8, Block 45, Aristocrat Ranchettes, 2'd Filing, Weld County, Colorado TOTAL ACRES: .99 Acres CASE SUMMARY July 22, 2001 Initial complaint received via e-mail. July 23, 2001 Five day compliance encouragement letter issued. August 3, 2001 Another e-mail received. August 3, 2001 Initial inspection conducted. August 7, 2001 Violation letter issued. August 10, 2001 Ms. Cowan called. October 2, 2001 Another e-mail received. October 2, 2001 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. Currently, there is a violation of Chapter 23, Article III (3) , Division 1 of Sections 23-3-20, 23-3-30, 23-3-30 .I, 23-3-40, 23-3-40 .H, 23-3-40 .Q and 23-3-50 of the Weld County Code. To bring the property into compliance the property owner shall remove or completely screen the Noncommercial Junkyard from all adjacent properties and the public right-of-way. Additionally, the number of animal units shall be limited to 4 (four) and the number of dogs/cats shall be reduced to 4 (four) or a kennel permit shall be obtained through the Use by Special Review process . 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. 2001-2981 Inspection information Sheet VIOLATION: VI-0100226 STATUS: ISSUED DESCRIPTION: 25+ dogs and 5 horses on .99 acres BASE INFORMATION: PARCEL NUMBER: 1309-27-4-11-002 LEGAL DESCRIPTION: 2AR45-8 L8 BLK45 2ND ARISTOCRAT RANCHETTES %7309 HENRY ST% OWNER: COWAN DAVID & LONA OCCUPANCY: LOCATION: 7309 Henry Street Aristocrat Ranchett APP TYPE: VI CLASS CODE: VI-8 ZONING DIST: AGRI INSPECTIONS: Item: 00404 TELEPHONE CALL 08/10/2001 By: BJS Action: TEL Comments: Ms. Cowan (Lonna 303-857-2597) stated that currently, they have 6 horses,but 2 would be leaving this weekend. She said that they do not have ANY wolf hybrids, they only have shephard mixes. She then turned in the people behind them... Kibel, they have exotic birds, derelict vehicles, number of animal units is to high. Item: 00405 LETTER 07/22/2001 By: BJS Action: LET Comments: Received an e-mail asking for something to be done about this property. 07/23/2001 By: BJS Action: LETS Comments: 5 day compliance encouragment letter was sent. 08/03/2001 By: BJS Action: LET Comments: Another e-mail from complaintant. 08/07/2001 By: BJS Action: LETS Comments: 30 day violation notification was issued. 10/02/2001 By: BJS Action: LETS Comments: Violation Hearing notification was issued (certified) 10/23/01 @ 10:00 a.m. 10/02/2001 By: BJS Action: LET Comments: Another e-mail from complaintant. Informed them of violation hearing. Item: 00400 SITE INSPECTION 08/03/2001 By: BJS Action: INSP Comments: Upon a visual inspection of the property, the following items were noted: 1+ derelict vehicle(s) and miscellaneous debris and several shelters made from miscellaneous wood and debris. Item: 00406 OFFICE VISIT Bethany salzman - Re: Cowan Residence Page 1 From: Bethany salzman To: "Fairhavenranch@aol.com".GWIA.CENTDOMAIN Date: 10/2/01 8:56AM Subject: Re: Cowan Residence I am scheduling them for a violation hearing on October 23, 2001 @ 10:00. As soon as the letter is finished, I will e-mail you a copy of it. If you could attend that hearing it would be more than beneficial. Thanks, Bethany Salzman >>> <Fairhavenranch@aol.com> 10/02/01 08:30AM >>> We have not received any information since your last letter on August 7, 2001, regarding the situation at the Cowan residence. None of the violations in the above referenced letter have been corrected and we are having continued difficulty with the dogs. A hideous makeshift shelter has been erected with huge old wooden spools around their two unoperative vehicles creating an additional fire hazard but that is all that has changed. Could we please have an update regarding this situation? Thank You. Roy&Traci DeBlieck fa i rh aven ra nch(o)aol.co m a DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO O80631 Phone (970) 353-6100 Fax (970) 304-6498 COLORADO October 2, 2001 Mr. & Mrs. David Cowan 7309 Henry Street Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0100226 Lot 8, Blk 45, Aristocrat Ranchettes, 2nd Filing, Weld County, Colorado Dear Mr. & Mrs. Cowan: 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 23, 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 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.H "KENNELS,subject to the additional requirements of Section 23-4-400." Section 23-3-40.Q "ANIMAL BOARDING where the maximum number of animal units permitted in Section 23-3.50.D below are exceeded and/or the traffic that is generated by the boarding activity exceeds sixty(60) trips per day to and from the property." Section 23-3-50.0 "Maximum number of animal units permitted per acre: four(4)per acre or portion thereof." To bring the property into compliance the following option(s) are available: The"Noncommercial Junkyard"consisting of 1+ derelict vehicle(s),wood,metal/iron and miscellaneous debris shall be removed or screened from all adjacent property owners and public rights-of-way. Should screening be your option of choice,anything other than a standard wooden privacy fence shall have a plan which needs to be submitted to me prior to installation. The number of animal units(horses,etc.)shall be reduced within perimeters established through the Weld County Code or a Use by Special Review permit shall be obtained. Additionally,the number of dogs shall be reduced to 4(four)dogs or a Use by Special Review permit shall be obtained for this as well. 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 or as close to the Violation Hearing date as possible. 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, 4 Bethany Salzman a Zoning Compliance Officer >_ a 4 m ti, c pc: VI-0100226 mo '� ❑z m ❑ Department of Planning Services : o 0 ❑ �❑ a o Bruce Barker, County Attorney ai w a m o u. • c 'U waci m1. Z 13❑ ❑55 925 •, 1 ALL a a I. US Postal Service ti a Receipt for Certified Mail 3 z m t y v No Insurance Coverage Provided. m y •a w " d i' a .y i Do not use for International Mail(See reverse) z i in��` H w ' 0 0 ¢ g Sent to & MRS. DAVID COWAN a• CC x " MR. E Street&Number 0i 7309 HENRY STREET cc Post Office.State,&ZIP Code £ FORT LUPTON, CO 80621 m E 8 E a ? a Postage $ is •� zz oo o N 'o E 6 rn N Certified Fee F- U m. G rs1 `fl U sa c22 O H O m Special Delivery Fee tInjR.,„ 012,6:11 U H a0 o & c 8 1.S € A W ,W"C w Restricted Delivery Fee W it m c o a - H 2 a E u., rn Return Receipt Showing to l- cu v c E" a A rn Whom&Date Delivered 1 m 1°II.9. in o �+ E l z Q. Return Receipt Showing to Wham, a E, E c P= tn. x H Date,8,Addressee's Address o d'a2i0 cox 2 0 (10,2 ` z W U o T OTOTAL Postage&Fees $ 03 CO i± m 0 3••r a rn H z o0 M Postmark or Date n E E c- m o OM p 3 E o Om•. So Z r' `4 fs+ a N u. U+-a NQ o Q u_ ) Cl) ■ ■ ■ (\i a u a SERVICE.TEAMWORK,INTEGRITY,QUALITY ' ;NC; DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US ELD.CO.0 E-mail Address: bsalzman@co.weld.co.us • 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE August 7, 2001 Mr. & Mrs. David Cowan 7309 Henry Street Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0100226 Lot 8, Blk 45, Aristocrat Ranchettes, 2i° Filing, Weld County, Colorado Dear Mr. & Mrs. Cowan: 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 111,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." Section 23-340 "Uses by Special Review." Section 23-340.H "KENNELS,subject to the additional requirements of Section 23-4-400." Section 23-3-40.Q "ANIMAL BOARDING where the maximum number of animal units permitted in Section 23-3.50.D below are exceeded and/or the traffic that is generated by the boarding activity exceeds sixty(60)trips per day to and from the property." Section 23-3-50.D "Maximum number of animal units permitted per acre: four(4)per acre or portion thereof." To bring your property into compliance with the Weld County Code: The"Noncommercial junkyard"consisting of 1+ derelict vehicle(s),wood,metal/iron and miscellaneous debris shall be removed or screened from all adjacent property owners and public rights-of-way. The number of animal units(horses, etc.)shall be reduced within perimeters established through the Weld County Code or a Use by Special Review permit shall be obtained. Additionally,the number of dogs shall be reduced to 4(four)dogs over the age of 6 months or a Use by Special Review permit shall be obtained for this as well. Additionally,any exotic animals(including wolves or wolf hybrids)shall be included at the time of application. 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 7, 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. SERVICE,TEAMWORK,INTEGRITY,QUALITY Mr. & Mrs. Cowan Page 2 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 Salzma Zoning Compliance Officer pc: VI-0100226 Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY . Bethany salzman - Re: Cowan Residence, 7" 2 Henry Street, Fort Lupton - Page 1 From: <Fairhavenranch@aol.com> To: <bsalzman@co.weld.co.us> Date: 8/3/01 1:27PM Subject: Re: Cowan Residence, 7309 Henry Street, Fort Lupton There is at least one old car in the back plus a lot of other junk and a temporary dog pen they erected right next to our property. They had to erect this makeshift dog pen from wire, fence, tree limbs, etc. and had to keep adding on to it over and over because the dogs would get out again and again. This was when they had 7 German Shepard puppies and the mother in this area. These dogs would get out several times a day and come over to our house and destroy everything in their path. They mutilated plants, defecated in our yard, tipped over trash cans and chewed up trash everywhere. They ran like a pack even though they were puppies and they got a hold of a live cat and literally tore it apart in my back yard. I am still finding fur clumps. It was awful. They don't believe in picking up dog feces or horse manure. They just leave it to rot in the sun, and rot it does. The odor is quite strong. They have another makeshift pen from corregated metal that is where they ! keep all their Sheltie breeders and puppies except when they let them out to run around the property. I have been told by several of the neighbors they have wolves and wolf hybrids in this pen. I have only seen one wolf hybrid and thankfully it is so old it just sleeps. Also,thankfully, the shelties show no inclination to get out of the main fenced yard. They have gotten rid of 5 of the shepard puppies-presumably all the females that got pregnant from their siblings while enclosed in this pen. The makeshit pen is still there though. All the shelties were out breeding in the yard some time ago so there must be a lot of pregnant dogs or more puppies hidden there. They told me they don't believe in spaying or neutering and they just call the puppy rescue on Riverdale or some other pet dealer to come and get them and find homes for them. Do you see why a kennel permit seems so rediculous to me?! They have no sense or responsibility. I appreciate your timely response to this matter. It really helps to feel that someone else understands and is concerned or at least will listen. Roy&Traci DeBlieck fairhavenranch@aol.com rze"ct DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us Inge 1555 N 1htho e: enue,(970) 53-610, CO . 3541 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO July 23, 2001 Mr. & Mrs. David Cowan 7309 Henry Street Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0100226, Lot 8, Blk 45, Aristocrat Ranchettes, 2nd Filing, Weld County, Colorado Dear Mr. & Mrs. Cowan: 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 the possession of too many animal units. Currently there are 5+ horses located on your property, in Weld County 4 (four)animal units are allowed per acre. Since you have .99 acres, this would make your allowable number of horses only 4. Additionally,only 4 dogs are allowed by right. In order to posses more than 4 dogs,a Use by Special Review application would need to be received. 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. 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, f)-14 Bethany Salz an Zoning Compliance Officer pc: VI-0100226 Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY •:rc IT: :I M:fnt n:nc x 4L -": '�' te �,++ - �, a r+ti . 8 4 - — Tvg -.. - r, sNo + �. t =AA - , , TadBar Order r { .sl PgtceiB--,� 09371 P02 z � r ✓ �Si(+ffii4T 1 ...':Y_ t x� 5 , E r �' -f S� ` l ti �A� i ti- %'" �4 '• ,eack mss-. .0-,:_,-;,z,, ;`4 oi, ^,.17 ...., v` 'a ,.�..--. '`C °wine —= .:..r sue.-., .a t.7 �.....r�-- _ er ii a dres ;- a„,rv.." 'rtni�.,,•s.ie'.'--- t�Opnati 0 re f H w Dir. . et nm . �ARI ...,Sf d'wrsidh) _ F 7309HENRY Si �`,,747:—; W'L�t� — ` .. �-�- � w., r - , 4 ". 4'" tapg x 1 000�$ 0 99 4 ` - `" - 7309 HENRY ST WELD ; � sTradI nsus3 CenBlot�c —p-e. .-.� S M, o - "a. --� .. .w rial tlettr -- .. w :.ter. • ' 1:75-7'.,t, :L�g escnoUon w' ' ' .. " _ Neme jCOWAN DAVID MICHAEL 8 LONA JEAN-4. - 2AR45-8 LB BLK45 2ND ARISTOCRAT RANCHET7ES :4 • " ''"`�- 't,4....' %7309 HENRY ST% E �"(�sl' 7309 HENRY ST ' •s r Y��sFT LUPTON CO -i`ihwarti --r n ,4P80621 - ,�. � ,' 1se Corte. J onefi l �`2. c v TRA.'0822 Exempt r=°. 11 r= -- t� status�ACTIVE GovtOwned r_ otaben a Ty+e:VIO Vers: 101 Violation(Activity .- © 1-_ 'N;: Pict x Permit N: IVI-0100226 Address:17309 HENRY ST ARI t Status: 1COMPLNT APPLICANT: COWAN DAVID&LONA 4 } k ` Date: [07/2` 111!status MO x i;;;..,;:;,',:..,;7•,,". `Uodatel* I Ebt Back :.4; Desc screen Parcel No: 11309-27-4-11-002 ' ' Owner ICOWAN DAVID MICHAEL&LONA JEAN r . Status: 1COMPLNT J Written By. BJS Sec/Twn/Rng: 127 02 66 ¢ x r u t t , Description: •4' 125+dogs and 5 horses on.99 acres s .•- v = , Location: 7309 Henry SUeet Aristocrat Ranchett C= { +,e R Zoning Dist IAGRI Permit Num: 1 = _ r App Type: IV! :1 (BCV=BI.DNG VIO,VI=ZONING VIO,WCV=WELD VIO"bcv+vi") Gass Code: VI-6 (KENNEL Complaint: 107/23/2001 (nit BJS NO VI: l_I_l„_ (nit 5 Day Letter: 107/23/2001 (nit BJS Issued: 1_/_/_ Init [-- Inspection: 1_/_/_ (nit BCCVIIo: _/_/_ (nit Court: _/_/_ (nit Closed BCV: I--/../.-__-_ (nit 1- - Closed VI: 1_/—/—. Init:r--- 10 Start I MIGroupWise-Mailbox I LCarel WordPerfect-...I fikj'PERMITS'Pius I iLij Status I v"WBT-PRNTSCRN....I [4:(310G(!) 10:22 AM I a 64)t F ti,1 / DEPARTMENT OF PLANNING SERVICES ill OK Code Compliance Division O ! / 1555 N. 17th Avenue, Greeley, CO 80631 / f�' I`-'' Phone: (970) 353-6100, Ext. 3540 OCOLORAD y C\i� ~ Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: X ZONING CODE COMPLAINT o Staff/Name: K Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): o WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): o BUILDING CODE COMPLAINT o PUBLIC WORKS/PEST&WEEDS 'Lx=_%Date Complaint was received: t G\ ' 4 Pending Case#(i.e. USR,RE, SE,ect...): p 2ra-q Legal Description:1 r1{- rJ t Ll\I(,, Parri:4f mm I' .0\0-1P.IN Parcel#: 1 . r1. 14 ' ( 1'hea Violation Address: ' Cl Want 3'l e i3: Property Owners Name: co,a'An, tavio Er L ry„ Phone: Property Owners Address: t `� VOA'6(' Lup*nn t CO c6Olpz.\ Tenant's Name: Phone: Tenant's Address:NATURE OF COMPLAINT: 5+\`► t'SL.s 6. Z5 (tone Complaint Referred To:,!1 YNI I C Date: Ilan)\ Complaint Referred To: lJl Date: Additional Notes: Bethan Salzman Aristocrat Ranchettes Zr a Violations Pa 9e 1 From: <Fairhavenranch@aol.com> To: <bsalzman@co.weld.co.us> Date: 7/22/01 8:13AM Subject: Aristocrat Ranchettes Zoning Violations This is regarding the property owned by: David and Lona Cowan 7309 Henry Street Fort Lupton, CO 80621 As you may recall from our last e-mail this property is adjacent to ours. We are still experiencing a great deal of difficulty with the dog population on this property. They have significantly exceeded the amount of dogs allowed and they continue to be a nuisance. The constant barking and odor are intolerable. There are now five horses, and approximately 25 dogs on this one acre property. We are unable to go in our back yard without a confrontation with the dogs. We are considering erecting a six foot picket privacy fence between our properties. However, we are concerned that this may cause more confrontation as they turn out their horses in the area bordering the area where this fence would be. In the past when they turn them out they are able to reach over the wire fence currently in existence and destroy everything within reach. We are concerned that they would chew on what is going to be a very expensive fence and create more problems. We would appreciate your input on this matter. Specifically we would like to know the following: 1. Is anything is going to be done regarding the animal population on this property? 2. What are the zoning regulations regarding erecting this type of fence? 3. In your experience with these matters,what would you recommend as to a solution that would be satisfactory to all of us? We appreciate your attention to this matter. Thank You, Roy&Traci DeBlieck Fair Haven Ranch 15509 Lamb Avenue Fort Lupton, CO 80621 fairhavenranch@aol.com Hello