HomeMy WebLinkAbout20000317.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST DALE AND ELIZABETH ROSEMAN FOR VIOLATION OF
THE WELD COUNTY ZONING ORDINANCE
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, Dale and Elizabeth Roseman, VI #9900348, are allegedly in violation of the
Weld County Zoning Ordinance, 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 February, 2000, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Dale and Elizabeth Roseman were not present or represented at said
hearing, although all parties were notified of said hearing by Department of Planning Services
staff, and
WHEREAS, the Board deems it advisable to bring legal action against those individuals
as hereinabove named to correct said violation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to
proceed with legal action against Dale and Elizabeth Roseman to remedy the violation of the
Weld County Zoning Ordinance, 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.
PL CA, 2 oSeman 2000-0317
PL0824
VIOLATIONS - VI #9900348 - DALE AND ELIZABETH ROSEMAN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of February, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
` Barbara J. irkmeyer, Chair
Weld County Clerk t o ,p
`,►O( ; �j 1�� M. . eile, Pro-Tem
BY:
putt' rk to the ard EXCUSED
George E. Baxter
APPROyED AS TO F M:
Hall
ty Attorny ___. EXCUSED
Glenn Vaad
2000-0317
PL0824
Violation Number VI-9900348, Non commercial junkyard/running commercial business
Name: Ms Elizabeth & Mr. Dale Roseman
Address: 7853 HY 85 Fort Lupton, CO 80621
Legal Description: PT E2NE4, Sec 30, T2, R66, Lot A Exempt, RE-2012 Situs, Weld County,
Colorado
Parcel: 1309 30 100034
CASE SUMMARY;
11-29-99 Initial complaint came into office in concern with running commercial business
and non commercial junkyard. Site inspection done by Vickie Brown/Zoning
Compliance Officer.
12-01-99 5 day letter sent to Ms Elizabeth & Dale Roseman. Letter sent by Vickie
Brown/Zoning Compliance Officer.
12-16-99 30 day letter sent to Ms Elizabeth & Dale Roseman. Letter sent by Vickie
Brown/Zoning Compliance Officer, due to no response.
12-24-99 Phone call received by Mr. Roseman. Discussion regarding selling and purchasing
vehicles. Also non commercial junkyard. Previous violation filed with Sharyn Frazer.
Will need a USR. Derelict vehicles will need to be removed or screened.
01-06-00 Site inspection done by Vickie Brown. Cars and boats still on property.
01-19-00 Site inspection done by Vickie Brown. No response from Mr. Roseman. USR has
not been submitted. Vehicles still on property.
01-26-00 10 day certified BOCC letter sent to Ms & Mr. Roseman.
02-03-00 No response from the Roseman's.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
2000-0317
t 44„;IS'
DEPARTMENT OF PLANNING SERVICES
T PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
WELD COUNTY ADMINISTRATIVE OFFICES
1555 N. 17TH AVENUE
C
GREELEY, COLORADO 80631
COLORADO
January 26, 2000
Ms. & Mr. Dale Roseman
7853 HY 85
Fort Lupton, CO 80621
Subject: VI-9900348, PT E2NE4, Sec 30, T2, R66, Lot A Exempt, RE-2012 Situs, Weld County,
Colorado.
Dear Ms. & Mr. Roseman,
The property referenced above (7853 HY 85) remains in violation of the Weld County Zoning
Compliance Ordinance. I have scheduled a meeting with the Board of County Commissioners for
February 8, 2000, 1999 , at 10:00 a.m. to consider the violation occurring on the property. This
meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County
Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Board of County Commissioners might
have about the violation. This would be a prime opportunity for you explain all issues regarding this
violation. If you can contact me prior to the hearing and take care of this matter, we will not proceed
with the hearing. If no contact is made, all plans will continue with the hearing.
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 if
you and/or a representative are not available. 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.
Sincerely,
Vickie Brown
Zoning Compliance Officer
N
rd
w E
COLORADO Data Sheet S
VIOLATION: VI-9900348 STATUS: ISSUED
DESCRIPTION: NON COMMERCIAL JUNKYARD, DERELICT VEHICLES
BASE INFORMATION:
PARCEL NUMBER: 1309-30-1-00-034
LEGAL DESCRIPTION:
PT E2NE4 30-2-66 LOT A REC EXEMPT RE-2012 SITUS:
WELD 0
PEOPLE: OWNER ROSEMAN ELIZABETH C 12/01/1999
7853 US HWY 85
FORT LUPTON CO
80621
LOCATION: 7853 WCR 27
APP TYPE: VI CLASS CODE: VI-2 ZONING DIST: AG
COMMENTS:
VBROWN 12/01/1999 11/29/99 DID SITE INSPECTION, THERE
ARE SEVERAL DERELICT VEHICLES TO THE NORTH OF HOUSE, ALSO
IN BACK OF HOUSE, WEST SIDE. OWNER POSSIBLY RUNNING
BUSINESS OUT OF PROPERTY. I WILL SEND A 5 DAY LETTER
TODAY.
12/16/99 I HAVE NOT RECEIVED ANY RESPONSE FROM MR
OR MRS ROSEMAN. I WILL SEND A 30 DAY LETTER TODAY.
12/24/99 RECEIVED PHONE CALL FROM MR ROSEMAN TODAY. WE
SPOKE AT LENGTH REGARDING THE 30 DAY LETTER. ALSO REGARDING
THE SELLING AND PURCHASING OF CARS. HE ADMITTED THAT HE
BUYS CARS AT THE AUCTION FOR CUSTOMERS, ACCORDING TO THEIR
NEEDS AND PRICE. THEN ORDERS PARTS FOR SAID CARS, FIXES OR
HAS THE CARS FIXED ON HIS PROPERTY AND THEN SELLS THEM. I
DID ADVISE HIM THAT HE IS OUT OF COMPLIANCE. HE WOULD NEED
TO COME IN AND SUBMIT AN APPLICATION FOR A SPECIAL USE
PERMIT. I ALSO REMINDED Hi... THAT THIS WAS ONGOING FROM
SHARYN FRAZER. THINGS ARE STILL THE SAME WHEN IT COMES TO
THE PERMIT. HE WAS UNDER THE IMPRESSION THAT WITH THE
SCREENING UP, HE WAS ALLOWED TO HAVE THE OTHER VEHICLES ON
HIS PROPERTY. I ALSO ADVISED HIM THAT THE DERELICT VEHICLES
WOULD HAVE TO BE REMOVED AND ONE OF THE BOATS, SINCE THAT
IS NOT HIS PROPERTY. HE IS WILLING TO MOVE OR HAVE THE
VEHICLES MOVED BACK WITHIN THE SCREENING. HE ALSO STATED
THAT HE WOULD NO LONGER PURCHASE ANY MORE CARS OR SELL
THEM, UNTIL HE CAN COME IN AND APPLY AND SUBMIT HIS APP.
FOR THE SPECIAL USE PERMIT. HE ALSO STATED THAT THE
PROPERTY WHERE THE DERELICT VEHICLES ARE NOW, WOULD BE
MOVED OVER THE. WEEKEND.
1/6/00 I DROVE BY SITE TODAY, THERE IS ONLY 1 BOAT, WHICH
IS MR ROSEMANS, BUT THERE ARE STILL SEVERAL CARS OUT IN
FRONT OF THE SCREENING. I WILL RE-INSPECT.
1/19/00 SITE INSPECTION DONE. THERE ARE STILL NUMEROUS
VEHICLES ON PROPERTY. MR. ROSEMAN HAS NOT SUBMITTED A USR
FOR COMMERCIAL BUSINESS. I WILL REFER TO BOCC IN FEB.
01/26/00 10 DAY CERTIFIED BOCC LETTER SENT.
02/03/00 STILL NO RESPONSE FROM MR. ROSEMAN.
a
40 & DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
December 16, 1999
Ms Elizabeth & Mr Dale Roseman
7853 HY 85
Fort Lupton, CO 80621
Subject: VI-9900348, PT E2NE4, Section 30, T2, R66, Lot A Exempt, RE-2012 Situs, Weld County, Colorado
Dear Mr & Mrs Roseman,
The uses on the above described property are being considered as a zoning violation of Sections 31.3.9 non
commercial junkyard, 31.3 Acfessory Uses in the A District, 31.3.4 Home Occupations, 31.4 Uses by Special
Review in the A District,31.4.7 junkyards, of the Weld County Zoning Ordinance.
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 December
16 , 1999, 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. This office is ready to be of any
assistance in clarifying or answering questions concerning this matter. Please contact me at the above address
or telephone number.
Sinfely, -�
Vickie Brown
Zoning Compliance Officer
pc: VI-9900348
_
y DEPARTMENT OF PLANNING SERVICES
r�' Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
CFax: (970) 304-6498
O
COLORADO
December 1, 1999
Ms Elizabeth & Mr Dale Roseman
7853 HY 85
Fort Lupton, CO 80621
Subject: VI-9900348, Pt E2NE4, Section 30, T2, R66, Lot A Exempt, RE-2012 Situs, Weld County, Colorado
Dear Mr & Mrs Roseman,
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 non-compliance with the Zoning
Ordinance is a non commercial junkyard, consisting of derelict vehicles, and the possible operation of a
commercial activity, including the selling of vehicles without a permit.
Please call me within five working days of the date of this letter to review these concerns with me.
Sincerely,
tozy
Aiga O7P(
Vickie Brown
Zoning Compliance Officer
pc: VI-9900348
SERVICE,TEAMWORK,INTEGRITY,QUALITY
tg R 6\\fi / DEPARTMENT OF PLANNING SERVICES
/(� COMPLAINT REPORT
�J
W � ,
COLORADO
ZONING COMPLAINT Complaint I ated by:
a BUILDING CODE COMPLAINT ❑Staff Citizen a Other
Pr"LEGAL DESCRIPTION: I .,-)A F S 3G) Q7( /
L / _f ex-if-xi/ 4 ��/� >
VIOLATION ADDRESS: 77Y15',3 ray/ / ' `' �1 72{ ?-Aziky
Parcel# iv-t//
X/ 1,) ,4n `V ATTACH COPYF F DER-42-
Property Owner's Name 11( /V/P) D
/ '� 1 CHIW4j Phone# �j
k ' /, 7 t�9�/G'l ) , ) Lf '-
Property Owners Address: - > :75 / -7 l y F `
Tenant's Name and Mailing Address:
NATURE OF COMPLAINT: ,--\I s r9'/OO Oj7S:C( L'
/ 9q y per/ ,Li 7
✓ ,r;)11%7(� Date: // /711//9J�
Zoning Complaint Referred To: i ,
Building Code Complaint Referred To: Date:
Case Assigned To: Date:
G�
ACTION OF INVESTIGATOR: Date of Inspection: !I ) {�� < 7 /
Inspection of property indicates: //
a No violation of the Weld County a Zoning / a Building Code Ordinance
Referred to: on
❑ No violation of the Weld County ❑Zoning / a Building Code Ordinance
a Violations of the following Sections of the o Zoning
❑ Building Code Ordinance
ACTION ON COMPLAINT: ❑ No Action Taken/No Violation ❑ Violation File Started
Date Date
CASE REVIEWED BY SUPERVISOR Date
SUPERVISOR'S COMMENTS
NOTE: Attach all pertinent information and facts disclosed by investigation to this form.
y
WARRANTY DEED
THIS DEED, Made this 23rd day of September, 1997 between
Formby, Inc., a Colorado Corporation
a Corporation duly Organized and_ existing and by virtue of the- laws of the State
of COLORADO, grantor, and Charles M. Roseman and Dale E. Roseman
whose legal address is 7853 WCR 27, Ft. Lupton, Colorado 80621
of the County of Weld and state of Colorado, grantees:
WITNESSETH: That the grantor, for and in consideration of the sum of ONE HUNDRED
FIFTY EIGHT THOUSAND AND 00/100, ($158,000.00) Dollars, the receipt and sufficiency of
which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm, unto the grantee, not in
tenancy in common but in joint tenancy, the survivor of them, their assigns and the
heirs and assigns of such survivor forever, all the real property together with
improvements, if any, situate,lying and being in the County of Weld and State of
^(�C, Colorado, described as follows:
\1' j Lot A of Recorded Exemption No. 1309-30-1-RE2012, recorded September 9, 1997 in Book
Lb
1625 as Reception No. 2547951, being a part of the E1/2NE1/4 of Section 30, Township 2
Nort e C).
0� alsohknowngby6 street and6 West of tnumber ashe 6th 7853 of
P.M. , n, Colorado
y27, Ft. Lupto Ste of a80621
TOGETHER, with all and singular the bereditaments and appurtenances thereunto
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 hereditament' and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantees, the survivor of them, their assigns, and the heirs
and assigns of such survivor forever. And the grantor, for itself, its successors and
assigns, does covenant, grant, bargain, and agree, to- anct with_ ths_ grantees, the-
survivor of them, their assigns and the heirs and assigns of such survivor, that at
the time of the ensealing and delivery of these presents, it is well seised 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 lawful
authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all former and other grants,
bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever
kind or nature soever, except
general taxes for 1997 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
2571200 B-1628 P-867 09/26/1997 03:55P PG 1 OF 1 REC DOC 1'
Weld County CO JA Suki Tsukamoto Clerk & Recorder 6.00 15.80
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained_premisaa_
in the quiet and peaceable po ion of the grantees, the survivor of them, their
heirs and the heirs and assigns of such survivor, against all and every person or
persons lawfully claiming or to claim the whole or any part thereof. The singular
number shall include the plural, the plural the singular, and the use of any gender
shall be applicable to all genders.
T
subscribed eby its President, and its corporate, The grantor has caused ssealptoabe hereunto cororte name tobaffixed,tattested
by its secretary, the day and year first above written.
Attest:
Formby, Inc., a Colorado Corporation
/57
'"-g-
/ Emmftt Formby, Preside
STATE OF COLORADO 1
es. The foregoing instrument was acknowledged before
County of Weld ) me this 23rd day of September, 1997, by
Emmett Formby as President of Formby, Inc. , a Colorado Corporation
My commission expires 10-17-98
Witness my hand and official seal.
•
NOTARY PUBLIC
��,.. 1113 Tenth Avenue
•
No. 929. Rev. 7-84 MELINDA Greeley, COLORADO 80631
1 BAESSLER E
l.OF C0\-"
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