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Home My WebLink About20000318.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST RICHARD AND MARGARET MILLER 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, Richard and Margaret Miller, VI #9900280, 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, Richard Miller, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until April 10, 2000, 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 said violation be, and hereby is, referred to the Weld County Attorney's Office for legal action against Richard and Margaret Miller 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, with an instruction for delay of action upon such referral until April 10, 2000, to allow adequate time for the property owners to bring the subject property into compliance. (y! 27 C A, / lk2 2000-0318 PL0824 VIOLATIONS - VI #9900280 - RICHARD AND MARGARET MILLER 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, COL RADO ATTEST: . - , ��t;� :•;�:+.�,,,�i"",;�� Barbar irkmeyer, Chair Weld County Clerk_ e4}. " 'V • A. . . Geile, Pro-Tem BY: "-"( - D:putt' CIO( to the : ' .. " EXCUSED eorge E. Baxter APPRQVED AS TO F Dale K. Hall 1 ounty Attorney EXCUSED Glenn Vaad 2000-0318 PL0824 Violation Number VI-9900280, Number of animal units/non commercial junkyard Name: Richard & Margaret Miller Address: 24057 vvui o7, Greeley CO 80631 Legal Description: 9112-C PT Ola, Sec 19, 15, R64, Beg SW Cor Said Sec N 113.9' to PT, Weld County, Colorado Parcel: 0963 19 000038 CASE SUMMARY: 10-01-99 Initial complaint came into office concerning too many horses on property, also non commercial junkyard/derelict vehicles. 10-22-99 Site inspection done by Vickie Brown & Julie Chester. Conversation w/Mr. Miller to advise of a SUR. Approx. 42 horses on property. 10-26-99 5 day letter sent to Mr. & Mrs. Richard Miller. Letter sent by Vickie Brown/Zoning Compliance Officer. 11-02-99 No response from Mr. Miller regarding SUR on property. 30 day letter sent to Mr. & Mrs. Miller. Letter sent by Vickie Brown/Zoning Compliance Officer. 11-04-99 Return letter to Mr. Miller. Wrong address. Will resend. 11-18-99 30 day letter sent to Mr. & Mrs. Miller with correct address. 12-10-99 Site inspection done by Vickie Brown/Zoning Compliance Officer. Same amount of horses. L Derelict vehicles in same place. Will refer to B.C. 01-05-00 Site inspection done by Vickie Brown/Zoning Compliance Officer. L Same amount of horses on property and vehicles in same place. Still no response from Mr. Miller. 01-26-00 Sent certified 10 day latter to Mr & Mrs. Richard Miller for BOCC hearing on 2-8-00. 01-31-00 Received receipt of certified letter signed by Margaret Miller, dated 01-29-00. SERVICE,TEAMWORK.INTEGRITY,QUALITY 2000-0318 rel DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 ' FAX (970) 304-6498 WELD COUNTY ADMINISTRATIVE OFFICES C 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO January 26, 2000 Mr. & Mrs. Richard Miller 24057 WCR 54 Greeley, CO 80631 Subject: VI-9900280, 9112-c PT SwSW4, Sec 19, T5, R64, Beg SW Cor Said Sec N113.9' to PT on, Weld County, Colorado. Dear Mr. & Mrs. Miller, The property referenced above ( 24057 WCR 54 ) 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, 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. r Sincerely, 9/1 yer—B70„ , Vickie Brown Zoning Compliance Officer COMMERCIAL JUNKYARD, DERELICT VEHICLES. VIOLATION STARTED BY JULIE CHESTER/LEAD PLANNER 10-22-99 MYSELF AND JULIE CHESTER DID THE INSPECTION FOR PROPERTY TO MR& MRS MILLER. THERE ARE APPROX 42 HORSES ON HIS PROPERTY AT THIS TIME. WHEN SPEAKING TO MR MILLER, HE STATED THAT HE WOULD TALK TO HIS SURROUNDING NEIGHBORS IN REGARDS TO LEASING SOME OF THEIR PROPERTY, SO THAT HE COULD BE IN COMPLIANCE. J CHESTER ALSO MENTIONED TO HIM THAT HE COULD APPLY FOR A SUR PERMIT. WE ALSO ADVISED MR MILLER THAT HE WOULD BE RECEIVING HIS 5 DAY LETTER AND NEEDED TO GET IN CONTACT WITH MYSELF AS TO THE UPDATE. 11/2/99 MR MILLER HAS NOT CONTACTED THIS OFFICE IN REGARDS TO THE SUR PERMIT OR TO GIVE US AN UPDATE AS FAR AS THE LEASING OF PROPERTY FROM NEIGHBORS. I WILL BE SENDING OUT 30 DAY LETTER. 11/18/99-VEB 30 DAY LETTER RETURNED FOR WRONG ADDRESS, I WILL RESEND 30 DAY LETTER AND REINSPECT IF NO REPSONSE BY MR MILLER. 12/10/99 DID ANOTHER SITE INSPECTION, DRIVE BY, THERE ARE STILL AROUND THE SAME AMOUNT OF HORSES AS FIRST INSPECTION. I HAVE NOT HEARD ANY MORE OF MR MILLER. THE DERELICT VEHICLES HAVE NOT BEEN MOVED OR SCREENED EITHER. IF I HAVE NOT HEARD ANYTHING FROM MR MILLER, NOR SEEN ANY TYPE OF IMPROVEMENT, I WILL REFER TO BCC. 1/5/00 DID SITE INSPECTION, THE SAME AMOUNT OF HORSES ARE STILL ON PROPERTY. I HAVE NOT HEARD ANYTHING FROM MR MILLER. ALSO THE DERELICT VEHICLES ARE STILL ON THE PROPERTY. IT DOESN'T APPEAR THAT ANY MOVEMENT HAS BEEN MADE, NOR EFFORT IN CLEANING OR COMPLYING. I WILL REFER TO BOCC FOR FEB. 1/26/00 SENT 10 DAY CERTIFIED BOCC LETTER FOR HEARING ON FEB. 8, 2000. 1/31/00 RECEIVED CERTIFIED RECEIPT CARD SIGNED BY MARGARET MILLER, SIGNED ON 1/26/00. 2/03/00 STILL NO RESPONSE FROM MR& MRS. MILLER. Ott t .4116 tri W E flDc COLORADO Data Sheet S VIOLATION: VI-9900280 STATUS: ISSUED DESCRIPTION: TOO MANY ANIMALS ON PROPERTY 10-22-99/MYSELF AND JULIE CHESTER DID THE INSPECT-ION, THERE ARE APPROX 42 HORSES, ALONG WITH SEVERAL DERELICT VEHICLES. SPOKE TO MR MILLER, HE STATED THAT HE WOULD TALK TO HIS ADJACENT NEIGHBORS REGARDING LEASING SOME OF THEIR PROPERTYIN ORDER TO BE IN COMPLIANCE WITH THE NUMBER OF HORSES ON HIS PROPERTY. HE ALSO MENTIONED THAT HEHAD BROUGHT SOME OF THE HORSES FROM KANSAS, WHERE HE TRANSFERRED TO BECAUSE OF HIS JOB. 10-26-99 5 DAY LETTER SENT. VEB BASE INFORMATION: PARCEL NUMBER: 0963-19-0-00-03 8 LEGAL DESCRIPTION: 9112-C PT W2SW4 19 5 64 BEG SW COR SAID SEC N113.9' TO PT ON W LN OF SEC & S LN UPRR R/W N69D28'E 1309.96' S0D21'W 582' TO S LN OF SEC N89D45'W 1225.7' TO PT OF BEG EXC PT LYING S & E OF CO RD (1D1R) %24057 WCR 54% 24057 54 CR WEL PEOPLE: OWNER MILLER RICHARD O & MARGARET 10/01/1999 24057 WELD CO RD 54 GREELEY CO 80631 LOCATION: 24057 WCR 54 APP TYPE: VI CLASS CODE: VI-9 ZONING DIST: AG COMMENTS: VBROWN 11/02/1999 10/01/99 INITIAL COMPLAINT CAME INTO OFFICE REGARDING TOO MANY ANIMALS ON PROPERTY ALSO FOR NON a - 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 November 18, 1999 Mr Richard & Margaret Miller 24057 WCR 54 Greeley, Co 80631 Subject: VI-9900280, 9112-c PT W2SW4 19 5 64 BEG SW COR SAID SEC N113.9' TO PT ON Dear Mr & Mrs Miller, The uses on the above described property are being considered as a zoning violation of Sections 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 ,November 18, 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. Sincerely, tlydete 690/71Y Vickie Brown Zoning Compliance Officer pc: VI-9900280 SERVICE,TEAMWORK,INTEGRITY,QUALITY (tot Le-He. 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 veld County Piatlwl ng r eU ZONING VIOLATION NOTICE NOV 17 1999 November 2, 1999 pp gg rr Mr Richard & Margaret Miller 24057 WCR 54 44 r D- Subject: VI-9900280 9112-c PT W25W4 19 5 64 BEG SW COR SAID SEC N113.9' TO PT ON Dear Mr & Mrs Miller, The uses on the above described property are being considered as a zoning violation of Sections 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 November 3, 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. Sincerely, • Oceetel 0i4D11 Vickie Brown Zoning Compliance Officer pc: VI-9900280 SERVICE,TEAMWORK,INTEGRITY,QUALITY 0 DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 C. Fax: (970) 304-6498 COLORADO October 26, 1999 Richard & Margaret Miller 24057 WCR 54 Kersey CO 80644 Subject: VI-9900280 Dear Mr & Mrs Miller, 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 too many animal units (horses) on the property according to acreage. Also including a non- commercial junkyard which includes several derelict vehicles, car parts, etc... Please call me within five working days of the date of this letter to review these concerns with me. Sincerely, Vickie Brown Code Compliance Officer pc: VI-9900280 `d GOI1;1 ;E:3), k nv; 11999 SERVICE,TEAMWORK,INTEGRITY,QUALITY a DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 C. COLORADO WELD COUNTY ZONING VIOLATION NOTICE November 2, 1999 Mr Richard & Margaret Miller 24057 WCR 54 Kersey, CO 80644 Subject: VI-9900280 9112-c PT W2SW4 19 5 64 BEG SW COR SAID SEC N113.9' TO PT ON Dear Mr & Mrs Miller, The uses on the above described property are being considered as a zoning violation of Sections 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 November 3, 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. Sincerely, e (p'i'e GnC/}v Vickie Brown Zoning Compliance Officer pc: VI-9900280 SERVICE,TEAMWORK,INTEGRITY,QUALITY 40;tit DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 ' Phone: (970) 353-6100, Ext. 3540 C. Fax: (970) 304-6498 COLORADO October 26, 1999 Richard & Margaret Miller 24057 WCR 54 Kersey CO 80644 Subject: VI-9900280 Dear Mr & Mrs Miller, 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 too many animal units (horses) on the property according to acreage. Also including a non- commercial junkyard which includes several derelict vehicles, car parts, etc... Please call me within five working days of the date of this letter to review these concerns with me. Sincerely, i/e/a 1. er. vZ Vickie Brown Code Compliance Officer pc: VI-9900280 SERVICE.TEAMWORK,INTEGRITY.QUALITY cat({11 DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT l WIIDc. 1 COLORADO v p-ZTONING COMPLAINT Complaint Initiated by: ❑ BUILDING CODE COMPLAINT ❑Staff c-Citizen ❑ Other LEGAL DESCRIPTION: Lti ' ))t, - VIOLATION ADDRESS: z",);/7-(_ 7- LA i f/ K 4 Parcel# C �% fo _�� - �� r ri (ATTACH COPY OF DEED 4�,-, I y I Y/ Property Owner's Name: :_I ra-mil i1\n;- I�'�a-f .v Phone# Property Owners Address: r Tenants Name and Mailing Address: "/A ,,NATURE OF COMPLAINT: -- �nI / r, .'` it ( �} q tin C attic, Lei kad9 Zoning Complaint Referred To: \ Date: Building Code Complaint Referred To: Date. / Case Assigned To: 1/7) Date: %/ /1)/ ACTION OF INVESTIGATOR: Date of Inspection: / r/,i9a! 7 Inspection of property indicates: o No violation of the Weld County a Zoning / a Building Code Ordinance Referred to: on o Nip-violation of the Weld County a Zoning / ❑ Building Code Ordinance olations of the following Sections of the nmg ,-� 3/, ,3 a Building Code Ordinance ACTION ON COMPLAINT: ❑ No Action Taken/No Violation a 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. it 34:n Itch 0 .103 06/24/92 11:30 $5.00 1/001 AR,1Zr111(11 r i3Oil t1A121 : I.Ii 11L11S'YE1N CLE1(K & 12ECORDER WELD CO, CO • CrCJI-`L jarrarity'Deedite) THIS DEED is a cuerayance of We real prcyery lascretod below, including any Improvements and other appunanancee(the properly'I Iron inn indrv:uual(s) corporauonls),pa innrsh,r(s),or other entity(iee)named below as GRANTOR to the Individual(s) or entirypxs)nerved below as GRANTEE. The GRAN ien hereby sees and conveys the pruned(to Ina GRANTEE and the GRANTOR warrants the title to the property,except fax (lithe lien of the general property lases for the year of Ibis deed,which the GRANTEE will pay (2)any easements and dphtsal- eis shown of record (3)any patent reservations and 6)sty Lptioo (4)any omeland ep mineral lutetests shown of record Exceptions", potnd It se covenants and restrictions shown nl record (d)et y additional matters shown below under"Additional Warranty Exceptions'",and ill subject to hording and zoning regulations. the SpecifIc Terms of This Dead Are: Grantor: (Give narn ate and placer.)of reeuanca:II the spouse of the ownsr.grentor Is joining In this peed to mires*homestead tights,nanny gram,'as huanand and w.la.j BRADLEY O. MILLER and MARY E. MILLER 'Grantee: (Give mimeo)and sddree$a):statement of sleets,including amebls road or street number,Is require.) ' RICHARD O. MILLER and MARGARET E. MILLER p- 24057 Weld County Road 54 "' Greeley, CO 80631 Pont.of Go-Ott (II Mere are taro or more •': joint a1 lIe a nemac they ere be d in lbsed to take as tenants In common pllleea tits made"In rwrcy"or words of 114 same memos'ere added in the spice below,) z. "n joint tenancy nS p Property Desntplbn: (Include county and state,) !" tract of land situate in the 81$ of the SW} of Section 19, Township 5 North, Range 64 "Ie West of the 6th P.M., We1 I County, Colorado, being sore particularly described as follows: tri Beginning at a point which (s the Southwest corner of said Section 19; thence North 113.9 feet to a point on the West line of said Section 19 and the South line of the €d I., Union Pacific Railroad right of way; thence North 69°28' East ,309.96 feet along said .. South right of way line; thence South 00° 21' West 582 feet to the South line of said I' Section 19; thence North 89° 45' West ,225.7 feet to the Point of Beginning. t", Exceptp4p64,40x1welying South and East Fyoyfrl County ��yRoad. (7l p(7�h. cenountsan: nm2.4w fUligc7areaernewel/optpf dm aVllhaoe liliterior M80eer22fakNura°deYeaa Ygsmmeyarrg4YM tined See commence le absolute, Mal and Ia ocial:oast) In Conveyance �. Reserratlefs.Aestrlotlons: (II the 0RANT0N Intends u reserve any Mere In Me properly or lo opmey Ins than he dame,et 11 no GR NT011 t. , it tehMmtl me CRAKE to right in the poperty,mate appropdye Sinaloa) kill I *'.45' AON1bfW WwrmtY■ate .1 . peoMl Hooka we al sun tial^Y mourned and other menee not sowed Wee.) Y_t. ‘,4'." f rt( Knead by the Granter on —_ _ Wonsan for ) ;� r4plMwe w Capon**,MvwelryabwWbn: wWN: r ! J Name of arenacappatlon P✓1 mehip n Aeamis ten rk Bradley O e Mil b _ e kMary E. M111 r °IS Wolof U t,' ASS .q IRATE OF CGIgUDo ) 1: COUNTY OF )es. F Tics knooing uwremea see aoMoMedgad mi. de Goa ere m ,j I 1" "°Bradley O. Miller and Mary E. Miller ' MMUSot andwdhow x. Ll tit•. w I.. i1, y�7 7.TATS a�c ' Y t """'vas ooalTYa (�}yti . j.,.y p''''°.. w imam raa�Y,I' iii telere IN NO /4 t dry el 9a rt.-4--" , /99.01- 4 1m' rooms ltdlwaww mwa nj t'''' a awl ns* 1 d!vi�Sn'°nss S,ontos pace kuil YW,tl.t MI6'tiptoe sapWdet4WvY>=peel0MM YtleWMYY IP R, tifit°`' N'PIs'I elpwrWp.a°eluWuee0.11\n adresep 1 / *WNW,*r Ate �LLG =s_ b14 c. t d_;, W see saw lq+oa?ea -fact' L.- '— Pula Is tp4A4 salami c. weld pt Hello