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Home My WebLink About20012857.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JOHN AND LAURA UNDERHILL AND JOSE CHAVEZ 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, John and Laura Underhill and Jose Chavez, VI #0100175, 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, John Underhill, owner, and Jose Chavez, tenant, were 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 November 13, 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 #0100175 be, and hereby is, referred to the Weld County Attorney's Office for legal action against John and Laura Underhill and Jose Chavez to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until November 13, 2001, to allow adequate time for the property owners to bring the subject property into compliance. 2001-2857 PL0824 VIOLATIONS -VI #0100175 - JOHN AND LAURA UNDERHILL AND JOSE CHAVEZ 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 C NTY COMMISSIONERS WELD COU , COLORADO ATTEST: iitay a} � Ql�d . J. G le, Chair Weld County Clerk to the It.BY: &111� lenn Vaad, Pro-Tem Deputy Clerk to the Board _e Willia . Jerke APP AS M: F. vid E. Long oun Atf ey Robe D. Masden 2001-2857 PL0824 DATE: October 5, 2001 VIOLATION NUMBER: VI-0100175 NAME: Mr. & Mrs. John Underhill (Owner) Mr. Jose Chavez (Tenant) ADDRESS: 8206 WCR 8, Brighton, CO 80601 ZONE DISTRICT: Agriculture LEGAL DESCRIPTION: Lot B of AmRE-287, part of the N2NW4 of Section 21, T1N, R67W, of the 6th P.M. , Weld County, Colorado TOTAL ACRES: 46 Acres CASE SUMMARY June 11, 2001 Initial complaint received. June 11, 2001 Five day compliance encouragement letter issued. June 15, 2001 Initial inspection conducted by Bryon Horgen, Building Inspector. June 18, 2001 Violation letter issued. June 26, 2001 Inspection completed by Bryon Horgen, Building Inspector. August 27, 2001 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners . August 29, 2001 Property inspected. Property still in violation. August 31, 2001 Received extension request from Mr. Underhill. September 24, 2001 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. September 26, 2001 Property inspected. Property still in violation. Currently, there is a violation of Chapter 23, Article III (3) , Division 1, of Sections 23-3-20, 23-3-30, 23-3-30 .1, 23-3-40, 23-3-40 .0 and 23-3-40.R and Chapter 29, Article II1 (3) of Sections 29-3-20, 29-3-20.B.13, 29-3-20 .B.13 .a and 29-3-20 .B.13 .b of the Weld County Code. To bring the property into compliance the property owner shall completely remove and/or screen the Noncommercial Junkyard from all adjacent properties and public rights-of-way. The structures shall meet all necessary setbacks and offsets. Additionally, any business activities require a Use by Special Review permit. 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. 2001-2857 Inspection information Sheet VIOLATION: VI-0100175 STATUS: ISSUED DESCRIPTION: Comm business/setbacks/NCJY/building permits BASE INFORMATION: PARCEL NUMBER: 1469-21-0-00-064 LEGAL DESCRIPTION: PT N2NW4 21-1-67 LOT B AMD REC EXEMPT RE-287 (2R) SITUS: 8206 8 CR 001 WELD 00000 OWNER: UNDERHILL JOHN& LAURA OCCUPANCY: LOCATION: 8206 WCR 8 WEL APP TYPE: WCV CLASS CODE: VI-6 ZONING DIST: AGRI INSPECTIONS: Item: 00404 TELEPHONE CALL Item: 00405 LETTER 06/11/2001 By: BJS Action: NO Comments: 5 day compliance encouragement letter sent. 06/18/2001 By: BJS Action: NO Comments: 30 day violation notification was issued. 08/27/2001 By: BJS Action: HR Comments: Violation Notification was sent (certified) 09/11/01 @ 1000. 08/29/2001 By: BJS Action: LET Comments: Received fax asking for continuance due to physical issues. 09/24/2001 By: BJS Action: HR Comments: Violation Notification was sent (certified) 10/09/01 @ 1000. Item: 00400 SITE INSPECTION 06/15/2001 By: BJS Action: INSP Comments: Upon a visual inspection of the property, the following items were noted: a couple of apparent derelict vehicles, commercial equipement,wood, metal, miscellaneous apparent business equipment and the structures being built without permits. 06/26/2001 By: BJS Action: INSP Comments: Bryon Horgen, Building Inspector issued a "Stop Work" order. 08/29/2001 By: BJS Action: INSP Comments: Upon a visual inspection of the property, the following items were noted: a couple pieces of equipement, wood, metal, miscellaneous debris and the structures almost completed. 09/26/2001 By: BJS Action: INSP Comments: Trudy Halsey, Building Compliance Officer and myself met Mr. Underhill and Mr. Chavez on the property. I pointed out specifically my concerns: 1.)New portions of the structures not meeting the 3' or l' for every 3' of building height. 2.) The new portions of the structure exceeding 50% which would void the existing "Nonconforming Structure" status. 3.)NCJY - the miscellaneous debris around the property, wood, metal, iron and miscellaneous debris. Mr. Chavez indicated that he would start immediately on an 8'wooden privacy fence. I explained the screening rules. (Standard wooden privacy fence-no additional information needed; however, anything other than that would need to have an approved screening plan) 4.) Commercial Business operation without an approved Use by Special Review application. They both said that the business was not operated from the property; however, 5-6 vehicles go there everymorning to check their animals and then they go to their job site. Occasionally, they take a certain piece of equipement. I informed them that if the equipement located on the property is anything but for agricultural purposes then it is considered a commercial location. They need the USR. 5.) We took measurements on most of the structures and explained the 20' offset from the road right-of-way in addition to the 3' or 1' for every 3' of building height from the property line. I also indicated that the fence can go right on the property line. He asked again about the 8' tall fence. I told him that it would be fine,but I didn't want it looking like a compound. They said they understood. Item: 00406 OFFICE VISIT . ; 4 p ... x, 11: a .= at bv a lir ` tt_ , i' ., 11 a • III/��as ►.. . .F; • 44 rilli 1/2.),t . ',.. ;,-A e 4 4 , iii. , , ,. ,..,"Ictilr morn• : " 4 " r. .. ,,p, Uv.H.b.c. •Iii "f-14,,;-/ I, t + .x„13., • Y ' ._, Sit Or { , %illt , A.. ......ipsoN4 . 1/ilit. illic. Jr + •1 lik . 1 _Ina . , _.._. A , : ,... .._.. . ...__. - _ ,. . .. . ... . _ . • asip ... . : , . , . . . ij!,.,....".. • l„ ` a • i, • imps - ril ^ A IF - li , , ,, ,K.,-- • r t . . ; .N 'i ` F'. • - , .t, wit t ' Y . 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I+ t1 1' i,t 1 1. t�, `) \ �t kf� •,�1 /r ,y� .�' <1'.r 4 s.,1•‘ i :.+ l 1. ,I \1. 1,i',4,,,.. x � .r t( t 1 ' • 1 � L� { �Y'11 S t ti. f F� 't f \ 1 • A' '� `' ' j l . 1 C1 I . . \\.� `�t 1 t �a .• 'l ) '1 \ 1. ,' 1 `L�,' , �'1 1 �� VI 1�.t t W 1 1111 �'C: t` „ T Y16. lifthi1/414. 01111:- . 111 . ---/ . . , .. .*.. +...C:'si " .'r. . A eapc 4. 4ocq0 Kit t,f ' • DEPARTMENT OF PLANNING SERVICES 5 Nf\a Code Compliance Division C �{(1(\tiYeSte (� rP�L\ WWW CO WELD CO US \ E-mail Address: bsalzman@co.weld.co.us COLORADO 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100 CE-S*«te Fax (970) 304-6498 September 24, 2001 �d C\t^;#6-\ENet ckt Mr. & Mrs.John Underhill 8206 WCR 8 Brighton, CO 80601 Subject VI-0100175, Lot B of AmRE-287, Part of the N2NW4 of Section 21, Ti N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Underhill: The property referenced above remains in violation of the Weld County Code. Due to your physical situation, I have rescheduled 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. 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 23-340 "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..." Chapter 29,Article Ill "Building Permits" Section 29-3-20 "Exemptions." Section 29-3-20.8.13 "Agricultural buildings in the A(Agricultural)Zone District,except that this exemption shall not apply in platted subdivisions or unincorporated towns filed and recorded in the County Clerk and Recorder's office or on property approved as a site specific development plan as defined by Chapter 23 of this Code." Section 29-3-20.8.13.a "Such buildings or structures shall meet the following requirement: The only utility allowed is electricity. Although the building is structurally exempt from a building permit,an electrical permit and fee is required. (See Subsection A above)." Section 29-3-20.8.13.6 "A certificate of compliance for agricultural exempt buildings is required to be completed, signed and filed with the Department of Planning Services so as to verify setbacks and establish any applicable flood hazard requirements." To bring the property into compliance the following option(s) are available: - The Noncommercial junkyard consisting of derelict vehicles,wood and miscellaneous debris shall be removed or screened from all adjacent properties and the public right-of-way. - While we did indeed receive a"Certificate of Compliance"for both structures,as I have indicated through telephone calls,the new portions that were added,do not meet"Setbacks and/or Offsets"from the road right-of-way and adjacent properties and therefore are in violation. All additions to Nonconforming Structures(NCU-351)must meet current standards,specifically,regarding Setbacks and/or Offsets. -Any structure that has any sort of electricity shall obtain an electric permit through the office of Building Inspections. - Additionally,we are still receiving telephone calls and evidence that some of the commercial type equipment is leaving on a regular basis. As we have previously indicated,a Use by Special Review application must be received in order for any commercial equipment to be located on the property(even if temporarily). In our June 18, 2001 letter, I asked for a letter from you listing out each piece of equipment and explaining the use for each piece. We have still not received a letter. lvir. Jonn unaernin Page 2 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. U.S. Postal Service Sincerely, CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) r‘ikeid(clAtir Bethany Salzmailti m Zoning Compliance Officer m Postage $ � I o -_= —{,;�.. /�w,y� Certified Fee Postmark Ul Return Receipt Fee Trudy Halsey ILI (Endorsement Required) Here o Restricted Delivery Fee Building Compliance Officer O (Endorsement Required) @ Total Postage a Fees $ pc: VI-0100175 ru lrl Recipient's Name (Please Print Clearly)(To be completed by mailer) Jeff Reif, Building Official MR.& MRS. JOHN UNDERHILL Department of Planning Services o Street,Apt No.;orPO Box No. Bruce Barker, County Attorney O 8206 WCR 8 O City,State,ZIP+4 r` BRIGHTON CO 80601 PS Form 3800,February 2000 See Reverse for Instructions SENSE': CaM'LETETHISSECTI•N C•M•LETETHISSECTIeN•N•ELIVE•Y • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearl B. atof2itliye1ry 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. Sig .ture ■ Attach this card to the back of the mailpiece, �` en or on the front if space permits. �� ,/ ..ressee 1. Article Addressed to: D. Is delivery address different from'em 1? Yes If YES,enter delivery address below: ❑ No MR. & MRS. JOHN UNDERHILL 8206 WCR 8 BRIGHTON, CO 80601 3. Service Type =Mortified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label) 7000 0520 0025 0403 8310 PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 SERVICE,TEAMWORK,INTEGRITY,QUALITY FROM : RIVERDALE RANCH , PHONE NO. : 3036541237 Aug. 31 2001 06:44PM P01 c Cad ---r 7, 7Jd. 101 - o yeP a . • . 7c-i,‘,e,* jtyeae_47_ a, ca....aar ..../tonek---) . i-09 /e,--. zat.4, 4, ,tooitedve,,,,,,n„,,,„7- 6 r,Y. d. ..le,o 8` ? ` t/Le i /a-r . , —tip . Y43 War - ran• ... ./O ,7j s/ - .... -:e .. .. F .�;. . I- ee , .3 C l/ `- ate'epcse .et c-7 caix,A,,,,, y# /lc tc, yfr-e,t44_,7- ''�Q-Cr&. -0:,,, . ,, . of " - ..4 . .e %eC meafr Weld County Planning Dept. SEP.-0 3 2001 RECEIVED . FROM : RIVERDALE RANCH I PHONE NO. : 3036541237 Aug. 31 2001 06:44PM P02 \V rd '`~!!Z DENVER VA MEDICAL CENTER ,�,�,KA PATIENT INFORMATION NOR: YOUR DOCTOR'S NAME: PHONE N FOR QUESTIONS, on IF YOU BECOME ILL PRIOR TO SURGERY, CALL: AMBULATORY SURGERY UNIT #393-2525 WEEKDAYS, 7arn-tipm PREPARING FOR SURGE RY You are sch uled for _ surgery on (day)Y) :. (date _ . S��. A nurse will call y the day before surgery to let you know the time rY to come in. If you miss the call or don't have a phone, call 393-2825 between 2pm - 4pm to get this'inlormation. II your surgery is on Monday, you will be called on Friday. The day of surgery, come to the Ambulatory Surgery Unit, 4th .,floor, north wing. Remember to bring your hospital card. IMPORTANT! Arrange to have a friend or relative take you home after surgery. You are not to drive for 24 hours after having anesthesia. Evening Before Surgery: 1 . Bathe or shower. .i • Use the special soap you were given • Clean all parts of the body except the eyes and ears ' Wash the site of surgery again and leave the soap on for one to two minutes ' Rinse well and pat dry with a clean towel 2. Eat a light meal. 3. Don't drink alcohol 4. Don't eat or drink anything after midnight 5. Try to get a7 good night's sleep• 4 !, I y (over) • uNDERIt.L . Je11N E X.� N (((( ( /,J//JJ 402-3070 .92 01 ,10,29 /� a- � ._ (jilt 1 DEPARTMENT OF PLANNING SERVICES W I C Code Compliance Division O WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us COLORADO 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100 Fax (970) 304-6498 August 27, 2001 Mr. & Mrs.John Underhill 8206 WCR 8 Brighton, CO 80601 Subject: VI-0100175, Lot B of AmRE-287, Part of the N2NW4 of Section 21, T1 N, R67W of the 6`h P.M., Weld County, Colorado Dear Mr. & Mrs. Underhill: 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. 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 23-340.0 "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..." Chapter 29,Article Ill "Building Permits" Section 29-3-20 "Exemptions." Section 29-3-20.8.13 "Agricultural buildings in the A(Agricultural)Zone District,except that this exemption shall not apply in planed subdivisions or unincorporated towns filed and recorded in the County Clerk and Recorder's office or on property approved as a site specific development plan as defined by Chapter 23 of this Code." Section 29-3-20.8.13.a "Such buildings or structures shall meet the following requirement: The only utility allowed is electricity. Although the building is structurally exempt from a building permit,an electrical permit and fee is required. (See Subsection A above)." Section 29-3-20.8.13.6 "A certificate of compliance for agricultural exempt buildings is required to be completed,signed and filed with the Department of Planning Services so as to verify setbacks and establish any applicable flood hazard requirements." To bring the property into compliance the following option(s) are available: - The Noncommercial Junkyard consisting of derelict vehicles,wood and miscellaneous debris shall be removed or screened from all adjacent properties and the public right-of-way. - While we did indeed receive a"Certificate of Compliance"for both structures,as I have indicated through telephone calls,the new portions that were added,do not meet"Setbacks and/or Offsets"from the road right-of- way and adjacent properties and therefore are in violation. All additions to Nonconforming Structures(NCU- 351)must meet current standards,specifically, regarding Setbacks and/or Offsets. -Any structure that has any sort of electricity shall obtain an electric permit through the office of Building Inspections. - Additionally,we are still receiving telephone calls and evidence that some of the commercial type equipment is leaving on a regular basis. As we have previously indicated,a Use by Special Review application must be received in order for any commercial equipment to be located on the property(even if temporarily). In our June 18,2001 letter, I asked for a letter from you listing out each piece of equipment and explaining the use for each piece. We have still not received a letter. Mr. John Underhill Page 2 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, U.S.Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Bethany Salzma Zoning Compliance Officer vrv- nJ Postage $ (--1 rR rn CeNiled Fea Postmark Trudy Halsey / PReturn Receipt Fee Rea (Endorsement Required) Building Compliance Officer 0 Restncted Odivery Fee o (Endorsement Required) pc: VI-0100175 o Total Postage a Fees $ Jeff Reif, Building Official Ln Recipient's Name (Please Print Clearly)(To be completed by mailer) Julie Chester, Lead Planner a MR. & MRS. JOHN UNDERHILL Bruce Barker, County Attorney ci Street,Apt.No.;or PO Box No. o 8206 WCR 8 .___W__—_—_ O City,State,ZIP.4 ry BRIGHTON, CO 80601 r $ENeE': CeM•LETE THIS S_CTIeN GM•LETE THIS SECTI eN eN •ELIVEY • Complete items 1,2,and 3.Also complete A. Received by(Please Print CleadV g�l3ep Deb + item 4 if Restricted Delivery is desired. /'l l7 c) V L l • Print your name and address on the reverse so that we can return the card to you. C. Sig -■ Attach this card to the back of the mailpiece, C Agent or on the front if space permits. J /.e �, • ❑Addressee D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No MR. & MRS. JOHN UNDERHILL 8206 WCR 8 BRIGHTON, CO 80601 3. Service Type Xflt' ertified Mail ❑ Express.Mail ❑ Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) 7000 0520 0018 0312 9781 PS Form 3811,July 1999 Domestic Return Receipt 702595-00-M-0952 SERVICE,TEAMWORK,INTEGRITY,QUALITY .r J ..-.-.)1 anti 4. C\\\T I ( \ \ 'i :-.-O,. . .- YV / f‘,\.— moo. 7? // ^� ` ^-- 47 d. t 2 1 WELD COUNTY BUILDING INSPECTION CORRECTION NOTICE PERMIT NUMBER: -111O9-- / / PAGE OF NAME/OWNER: .-rOAA, inivArh 6,.// PROPERTYADDRESS/LEGAL g�(7 in n 7 INSPECTIONS OF THIS STRUCTURE REVEALED THAT THE FOLLOWING IS NOT IN COMPLIANCE WITH THE WELD COUNTY BUILDING CODE ORDINANCE. Sror c�c-,/l ;C ;cs4c/ G...,;`// Iraer> pity,'Tr c,r Ante S Ale- Zs5e..>,V L4'// ivied t`d -pir icr ,y- et,/r ,'A. the jinx r /O p74,- In 4-,n.!/ ff ❑ CORRECTIONS MUST ME MADE BEFORE: O REINSPECTION REQUIRED. WHEN CORRECTIONS ARE MADE,PLEASE CALL FOR REINSPECTION. (970)356-8016 OR 1-800-234-2534, ❑ REINSPECTION FEE REQUIRED BEFORE THE NEXT INSPECTION. ❑ THIS PERMIT EXPIRES ON: INSPECTORJr L � 9 DATE j 'aZ 'O 7 IF YOU WISH TO SPEAK TO AN INSPECTOR, CALL: (970)353-6100, EXT.3540, BETWEEN 7:30 A.M.AND 8:30 A.M. DO NOT REMOVE THIS CORRECTION NOTICE s.Parcel Table Maintenance PQrce)N:11469-21-0 - ToolBar Or- _ 00064 , - AOKeyI670121 1r I �` Usdate RaMaP Bank Emt pnmaryMdress T ^ . _ General Information _ No_ ' Dir / Street Name' ,City ld,:WEL Suhdivision;l 8206 I 1 WCR Lot Fred ;sdact An Address - Area, 0.00 Aaesa 4600 Sous z+ _ Zdnind I 18206 8 CR WELD - I CensusTractl - Cen BlockI -,arc" Primary Owner Information f' --- XCoord:) `YCdgrd:I _ _ " �- _Legal Descrinhon` NameIUNDERHILL'JOHN E 8 LAURA L PT N2NW4 21-1-67 LOT B AMD REC EXEMPT RE-287 Address-1:18206 WCR 8 (2R)SITUS.8206 8 CR 001 WELD 00000 "Address 24IBRIGHTON CO Address 3:I - Address 4.1i �. 2IP:180601 Phane`t:I - TRA.0800 Phone2:I I Exemptl-'' Notation' .. ..... _-.. 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I rCorelWordPed...I MSLIC--Nam Swi.-I yf'PERMITS'Plus 1 -i Arcv'iewGIS3.2a1 iwIWBT-PRNTS:_ I C(Loa 7:52 PM a jits DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman©co.weld.co.us VI I D 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE June 18, 2001 Mr. & Mrs.John Underhill 8206 WCR 8 Brighton, CO 80601 Subject: VI-0100175, Lot B of AmRE-287, Part of the N2NW4 of Section 21, Ti N,'R67W of the 6t° P.M., Weld County, Colorado Dear Mr. & Mrs. Underhill: 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 I11, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." • Section 23-3-30 "Accessory uses." • Section 23-3-30.! "Noncommercial junkyard." Chapter 29,Article Ill "Building Permits" Section 29-3-20 "Exemptions." Section 29-3-20.8.13 "Agricultural buildings in the A(Agricultural)Zone District,except that this exemption shall not apply in platted subdivisions or unincorporated towns filed and recorded in the County Clerk and Recorder's office or on property approved as a site specific development plan as defined by Chapter 23 of this Code." Section 29-3-20.8.13.a "Such buildings or structures shall meet the following requirement: The only utility allowed is electricity. Although the building is structurally exempt from a building permit, an electrical permit and fee is required. (See Subsection A above)." Section 29-3-20.8.13.b "A certificate of compliance for agricultural exempt buildings is required to be completed, signed and filed with the Department of Planning Services so as to verify setbacks and establish any applicable flood hazard requirements." To bring your property into compliance with the Weld County Code: The"Noncommercial Junkyard"consisting of mainly derelict vehicles,wood and miscellaneous debris shall be removed or screened from all adjacent property owners and public rights-of-way. The commercial equipment shall no longer be • stored on the property or a Use by Special Review permit shall be obtained. Additionally,as you requested I provided the exact section from the Weld County Code regarding"Agricultural Exempt Buildings"requiring a Certificate of Compliance (See above,specifically,Section 29-3-20.B.13.6). As we discussed,I have enclosed a few of the Certificate of Compliance applications. To assist in closing this violation quickly,please send us a letter for the file explaining the aspect regarding the commercial equipment. If you have any additional questions, please feel free to contact me at the above phone nubmer. 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 18, 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. Mr. & Mrs. John Underhill. 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, ?)0(1.81-'O,frenelei r Bethany Salzra \ Zoning Compliance Officer pc: VI-0100175 Trudy Halsey, Building Compliance Officer Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY • DEPARTMENT OF PLANNING SERVICES Code Compliance Division IDE-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 • Fax: (970) 304-6498 COLORADO • • June 11, 2001 • Mr. & Mrs.John Underhill 8206 WCR 8 • Brighton, CO 80601 ,• Subject: VI-0100175, Lot B of AmRE-287, Part of the N2NW4 of Section 21, Ti N, R67W of the 6`h P.M., Weld County, Colorado Dear Mr. & Mrs. Underhill: • 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 operation without obtaining a Use by Special Review permit. Additionally, we have concerns with some new structures that have arisen on your property. According to our records,we can not find any permits allowing the construction or presence of these buildings. As a result,it appears that they do not meet the necessary setbacks from the adjacent property line. Lastly,we have a concern regarding a"Noncommercial Junkyard" consisting of derelict vehicles, wood and miscellaneous debris. For your convenience, I have added the appropriate definitions: DERELICT VEHICLE A vehicle that is inoperable(unable to move under its own power);or is partially or totally dismantled;or has all or portions of its body work missing or is substantially damaged;or is not registered with the State of Colorado,as required by Section 42-3-103,CRS,or by Sections 42-3-138 or 42-12-102,CRS,and/or the number plate assigned to it is not permanently attached to the vehicle,as required by Section 42-3-123,CRS;or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment as required in Sections 42-4-202 to 42-2-227,CRS. This definition shall not include; implements of husbandry, farm tractors,or vehicles customarily operated in a FARMING operation. SCREENED: Construction and maintenance of fences,earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding USES. NONCOMMERCIAL JUNKYARD: An area where any waste, junk, or used or secondhand materials are stored or handled, including, but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials, and bottles. A Noncommercial Junkyard may also include the storage or keeping of derelict vehicles. The Noncommercial Junkyard shall be totally enclosed within a building or structure or visually screened from all adjacent properties and public rights-of-way. JUNK:Scrap brass, iron, lead,tin,zinc;all other scrap metals and alloys; bones; rags; used cloth, rope, rubber,tinfoil,bottles, old or used machinery of any type; used tools, used appliances; used lumber or crates; building materials; fabrication of any material;used pipe or pipe fittings;used conduit or conduit fittings; used automobile parts;derelict vehicles;used tires and other manufactured goods that are so worn,deteriorated, or obsolete as to make them unusable in their existing condition. Mr. & Mrs. John Underhill Page 2 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, tanySalzman k?Snaj Bethany Salzman Zoning Compliance Office pc: VI-0100175 Trudy Halsey, Building Compliance Officer Jeff Reif, Building Official Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY O My Computer fi iiii, Corel hcAlar 'Naga .iAIMS-Citrix ICA Client ordPertect 8 lii Account Maintenance "" Z �— —> I . r :u-/: . , ,- : Mil Levy.-` .; =_ 73-701000 ni c - -1 r Network. Account I UNDERHILL JOHN E&LAURA I in :" Legal Description roupWise 5 Neighborhood R605418: 8206 WCR a II PT N2NW4 21-1-67 LOT a AMD.REC EXEMPT RE-287. Year District BRIGHTON CO 80601 [ZR)SITUS:8206 8 CR 001.WELD'00000 12i, 2001 2501 r, S Apr DuiSt , , Lotus 1-2-3 A Iyetscape NCvIga1o1 Release 4.01 Parcel Number MN Space 5eq 1469-21 0 DO 064 _ Sheet No Dir I Mott Street Name type 4ii'!/� 8206 8 CR ©sI-IC I ocation City ? Location lip Acct Type Lagt - PhotoStudio WELD 00000 Agricultural - ::_-_ - SLID• 2.0 BACode Owner Id Owner Location Map No 2474 ATO Business Name Version Date Time . , : ID= Appl,. . NewYersionX20010523831 IV. 23-MAY2007 ,09:00 PM J$W- SOIL'. '20010611000 p g Print Screen = - ' - — .TYPE ACTUAL. ASSD 'ACRES S[1 FY gilts Plus ❑Natpe ❑T_as gess❑Protest L} ❑ ❑Eie7StiG... LAND . `3.163 SUP 46-000 4.0 ❑mobile Auth❑Personal L IMPS 153:758 17.500 10,11 ❑)I�,obBe I]flemarks --* ,. ❑yralue ❑ Dil and Gas _ } ! i9 ❑fact. ❑Ta:Sale ArcView I ❑Recording �i +I • - ❑Condo ❑Spc Asmt � . ❑-Imaging - TOTAL ++ 156,921 18,410 i I El Block ❑Mines ❑ Control I I iAIMS: ❑Sale: Sibling _.. . ❑ ❑History Queries ❑Misc l) ❑Flags ;•.:',...:...r.' _ NAME t`. z1 Lti Version 1 µ _Prior Year Nexlt Ve{ Abatement . ':..�:..:-_: ., - „r-:'- -_ =- '2:-.--- Next Year racteristic Properl}r Card Minutes. " -.. '` .' •..' -' .. .: . _ Cleat ..: Exit a-1 MIS T1RStart )'PERMITS'...J MGroupWise...I r,CorelWord... I INSLIC-[Main...) I CRIS-Citrix...f AIMS-Citrix..:f '_"_5WBT-PRN...f I ci Q174 1A1 PM� •.Parcel Table Maintenance fl Parcel No:11469-21-0-00 064 Tool BarOrdar Alt Key. 670121 .. . I I :I r t_Jcdate Ratrlap sack Eyr Primary Address General Information - No Div: Street Name City Id::WEL - - Subdroision'I 8206 II I:WCR 8 Lott Fract _Select M Address ..i. - Mea:I 0.00 Acres:.) 46.00 Srtus :Zoning 1 I 8206 8CR WELD Census Tract} "Can Block)-- -Primary Owner Information XCoordl :' YCeord.1 Legal Description Name:'UNDERHILL JOHN E& LAURA L PT N2NW4 21-1-67 LOT B AMD REC EXEMPT RE-287 J -: (2R)SITUS 8206 8 CR 001 WELD 00000 Address 1;18206 WCR 8 Address 2.'BRIGHTON CO Address 3:' Address 41 'I 'Zip:180601 Use Code.' -- :-:1 Phone 1 ( TRA'0800 Exempt.r Phone2:1 Status.'ACTIVE J Govt Owned r Notation:1 A. : 0 / ( : }I .J»- t eq. . N v g .:t. .R» x y S w' 7' Permit N: jVI-0100175 Address:18206 WCR 8 WEL 5 Status: ICOMPLNT APPLICANT:'UNDERHILL JOHN 8 LAURA •4a f ,,, _ , Date: 106/11/2001 Back Stop r , h s ,,,•if_. 3 .�.. - x-y- 7--_ -fi a ^r ,y5n=5�3eAff- rim "rt I Desc �aeen P �W'�•• �� s� �, ; � �'� �` � �; � ----41t,-,z'�� ,,�;�s �� t.••--!—o�� ,k 1 ljpdate .1 Exit Back 4 -- Parcel No: 1469-21-0-00-064 - " `::•:';'72!'',:::-:',-t.:::: ' '' ' Owner UNDERHILL JOHN E 8 LAURA L 1r • Status: COMPLNT Written By BJS Sec/Twn/Rng: 121 01 67 ..... Description: Comm business/setbacks/NCJY/building permits Location: 8206 WCR8 WEL • Zoning Dist AGRI Permit Num: • App Type: WCV j (BCV=BLDNG V1O,VI=ZONING VIO,WCV=WELD VIO"bcv+vi") . Class Code: VI-6 BUSINESS Complaint 06/11/2001 Init: BJS NOVI: l_i__/___ 'nit: 1-- 5 Day Letter: 06/11/2001 !nit: EFT — Issued: _/_/ Init: 1-- Inspection: _/,__/_ Ink [— BCCVio: _/_/� nit ]— Court _/J_ Init: 1 Closed BCV: _/_/_ lnit 1 Closed VI: l—/_/^ Init:I-- v.4.329 AStad I gl:'PERMITS'Plus 1 MGroupWise-Mailbox 1 TArcViewGIS3.2a j ;Status 1 7:"`•WBT-PRNTSCRN....1 O.4 1`i' 9:54 AM '..ArcView GIS 3.2e IsCI® File Edit--View "Theme Graphics Window Help ®y 1 An f ° IN E )01)Ki 1ln1 tjoi Dt?i •-1 6677p077gggq33 81klpt±1 lelIOlt lt( dNl►iT1 •'! Scale j15.507 1 33 8.659.78 i t`: MasterView ®I ID J Subname J II, :'.- i _ ",n _ IL': ' Text i. Identify Results dQ£{: '. J Lot.shp . Parcel 146921000064 s Parcelseq Accountno R6054186 J Landfab.shp .._ Name UNDERHILL JOHN 8 LAURA Addressl 8206 WCR8 ._ J Block.slip Address2 _ City BRIGHTON J Subdivisions - - _Zipcode 80601 i State CO —` ]Q Parcels - — ----__ ._...___ _ Legal PTN2NW421-1-67 LOTBAMDREC EXEMPT RE 287 __ i Situs 8206 8 CR _ J Oil and Gas wells Cie Glees All +) I ' J litigation Ditch Nameit ,f Text f'.R ti i _. . _ •, ,�jl :' • l J Aggregate Resource , r -T ��f ;r * J Waterdistrictshp_- s 1jF J Water'&sewer distrii 8206 8 CR `i ' '' . t- - J School district shp "-t: ' H ',8706 8 CR ""'P ' - _ Wright Property • .. — , '` J Sanitation districtshl �. a .-:.;..,..r`r,l + ; - J Metro;districishp' ' � J Fire district.shp .`t.. _ }f—'-ta°� l I`_ I J Grreeleyborder615 = � a it l L. J Boundary 129 , _ /44S ,'g `g7 J Majelec.shptr: r J IrrigateshP a__ -!:-c, ,. ! ' f JJ -IJ 'l StartI J'PERMITS'Plus I M GroupWise Mailbox I aArc\ew GIS3.2e I ;i'WBT-PRNTSCRN.. 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Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 sl /� -YU Phone: (970) 353-6100, Ext. 3540 COLORADO s ._ Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: X ZONING CODE COMPLAINT ❑ Stat'f/Name: X Citizen ❑ Other: BUILDING CODE COMPLAINT Date Complaint was received: (al l lot Pending Case#(i.e.USR,RE, SE, ect...): LC A- 6cc ,r� a� (Anpern1d) Legal Description: La.Q. � cc 3 l"t-11...)9-4 O—k u;) Parcel#: \d a1-n• am- q��,, n�c1 Violation Address: u, Cx..0 ttct44 Property Owners Name: it l�'&J,np1 Phone: Property Owners Address: - CO � � CO 'C,1�}l Tenant's Name: {� Phone: Tenant's Address: NATURE OF COMPLAINT: _S CC(Jt`Clf' f ( L JL\�y li f� pNx s • �LkU, ac"' l tt- -ki tr±i n CI ski luC- a \ n11 pr A YYl.¢S nom. mu * wLC t:C SV q>9)\ 'at Vein'ct�,�l Zoning Complaint Referred To: "7610..\ --PCIn Date: (..DI t�� Building Code Complaint Referred To: —TWOI y• COI i, j O 1 1 Date: Additional Notes: - .. .._ m - - _ I . AR2203L 95 - B 1254 KEC 02203895 01/29/90 13:56 >5.00 1/001 l � � F 1404 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO c� :`WaiIartty`I?eed .Q THIS DEED is a conveyance of the real property described below,including any Improvements and other appurtenances the "properly")tram the Pnd withal tst cOrponl ontal PartnenhiPISI,or other entityttes)named below as GRANTOR to the Individual's) • or emitylieal named below as GRANTEE • + The GRANTOR hereby sells and conveys the property to the GRANTEE end the GRANTOR warrants the title to the Properly, ( y. except for ill the lien of the general property lanes for the year of this deed,which the GRANTEE will pay(2)any easements and r ghts:ot-way shown of record 13t any patent reservations and exceptions.1)any outstanding mineral interests shown of record 15l any protective covenants and restrictions shown of record,and(6)any additional matters shown below under'Additional Warranty Escepl oni'. p The Specific Terms of This Deed Are: , oo Grantor: fend'greets'andoacerSi Of readente. (the >oun ce the owner pr. o sib ba the Deed to re,,.,homestead ngnn,idannr -t gran-lion as husband rind l y t - JOHN E. UTDERHILL M to 8206 Weld County Road 8; Brighton, Colorado 80601 ` s Grantee: (Gina name's,and address l est.statement of address.including instable road Or veet number,is raooired I JOHN E. UNDERHILL and LAURA L. UTIDI R 0 HTTL ! m 8206 weld County Road 8; Brighton, Colorado 80601 K Form of Co-Ownership: (II there are t.o or more grantees new.a.t tree a.it be conswre.totaken tenants in Comm on uness the mores-in o pm!tenancy'or.oraa of me same meaning we added in late space War.) ) r o In Joint Tenarry 1 (.. Properly Description: (Include county end state t s i5 Lot B of Mended Recorded Exemption No. 1469-21-2-RE287, recorded November 5, rn 1984 in Rink 1048 under Reception No. 1987560, being more particularly described _ z as follows: The North Nine Hundred Ninety feet (T890') of the North Half of the • k Northwest Quarter (N1/2 TWl/4) of Section 21, Township 1 North, Range 67 West of ,y` the 6th F.M., EX(FF17TG 111ERFERCM the West Five Hundred 1t\enty-eight feet D4528r) 1` t' thereof, County of Weld, State of Colorado. .� 1 - , Property Address: 8206 Weld County Road 8 Brighton, Colorado 80601 Consideration: (The statement of a dollar amount is optonat adequate mnedera(on to,iti,,steed ciii be presumed uness this conveyance is ntned a a9rl any one ths conveyance sanotyere inn and unconditional) I . -One Dollar and Other Good and Valuable Consideration- Reseryallona-Restrictions: III GRANTOR intends toreserve any'Woes? is,.property or Canveynanan he arena ornate GRANTOR D is rtrchno se GRANTEE'S right n rte pe;y..Manedent nnrae +d:arenl 1 � 1 Reservations, restrictions, covenants, conditions, leases, tenancies, easerentS " and/or rights-of-way currently of record - a q Additional Warranty Exceptions Onc ode deeds at trust be rig assumed and conmp matters not covered mom I bob_ to General property taxes and/or siaial assessnents/inpro✓erentsr whether currently • p assessed or not° for the current year and all subsequent stars hereto • ,-l'i , .I 3 D E.atrna by the Grantor on _January 26 90 19 Signature Cbwa!Or Corporation.Perinosnrp Or Association: Sten re Olaus far twau• — Warne of Gnnmr: Corporation.Partn ership p or Association Q ' By By Grantor 1a Attest . Grantor - • I STATE OF COLORADO t COUNTY OF WELD I Ss. The finega.nt instrument was ask sow caged before me mil 26th day or January.(-;:;.,,....lo 90 4. t �,- ey'JOHN E. UTDERHILL. /[{//�1 I Y + WITNESS my nand and allow seat. _ 1? a J r : • +' • My cem,n'wlen aspires: \, y�^ ir/ I'NC- y� • 7l. v • July 25, 1991 U `tr 7....,,,,,,,,....,,,t --- • STATE OF Nete;POl'e k O� COUNTY or u. 930 11th Avenue; lGr�llgR l<e�" =C .,8b6J1 .• thetaraga ng.msoument was acknowledged before me ton day of y'rrdq, il i t ay• aril - - ee-',.,?,7]!.0t.''..' . . Pat a Mnauat Gr£nw or Or Omni°.t GenpmNcm,pnrmso re A o«Moan.men Identity liven President or rice president and amury or at• aria 1"nl.ecrotary Of comogndn.or n earn panne...hip,Of pannehip,or es aumonud memeartel of association.) • WITNESS my hand and ottiCMI seer by commlaelen uptrn: Notary Public •teat UPDATE eeQAI FOAMS NO.201 ale tin aaenue.Orman common Mal 1:103Inen �J, �. r I T.. Molly Wn�ht- Fw V1 0100175 Pale 1 From: "mary(molly)wright"<greylockshelt@msn.com> To: "Molly Wright" <mwright@bannerhealth.com> Date: 10/8/01 6:51 PM Subject: Fw:V1-0100175 Original Message From: The Fichter Farm Sent: Sunday, October 07, 2001 11:33 PM To: Molly Wright Subject: V1-0100175 Dear Ms. Salzman, My husband and I live at 8706 Weld County Rd. 8, Brighton, CO 80603. This is just across the field from the property which is currently being used commercially to store equipment for Chavez Construction. This is not compatible with other agricultural enterprises in this agricultural zone. Construction equipment such as a dump truck, a bob cat, other trucks and miscellaneous equipment is stored there. This equipment is frequently moved down the road and since the drivers always appear to be in a hurry, a great deal of dust is raised at the entrance to our property. Their property appears to be used as a non-commercial junkyard with its collection of equipment and odd-sized buildings used for storage.These buildings have illegal set backs. In addition to the foregoing complaints, this company has run a fence across our ditch and the posts are inside our right-of-way. This precludes us from pulling the ditch prior to its use for irrigation. We hope that the current use of this property can he terminated. Sincerely, Keith and Nancy Fichter Hello