HomeMy WebLinkAbout20003050.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST DAVID MORRISON AND JERE WORTH 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, David Morrison and Jere Worth, VI #000297, 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 12th day of December, 2000, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Jere Worth, 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 January 12, 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 #000297 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against David Morrison and Jere Worth 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 January 12,
2001, to allow adequate time for the property owners to bring the subject property into
compliance.
2000-3050
, PL/ thi 4/119/ PL0824
Pe •
VIOLATIONS -VI #000297- DAVID MORRISON AND JERE WORTH
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of December, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WC(�)��LD COUNTY, COLORADO
ATTEST: ��: 4.f�L4 tL J y r/`-
4W�� Barbara J. Ki eyer, Chair Air-
Barbara
my Clerk to the Board
E �'/`� / M. J. ile, Pro-Tem 7
MCI a to the Board eorg E. Baxter
Da a K. Hall /)
• A ome AAA
le nn Vaad
2000-3050
PL0824
CAROL Harding -0000297.SUM Page 1 I
DATE: December 10,2000
VIOLATION NUMBER: VI-0000297
NAME: Mr. David Morrison and Ms. Jere Worth
ADDRESS: 2810 Mathews Avenue,Fort Lupton,CO 80621
ZONE DISTRICT: Agricultural
LEGAL DESCRIPTION: Lot 3,Blk 2,Country Estates,Weld County,Colorado
PARCEL NUMBER: 1471-23-2-01-003
CASE SUMMARY
September 20, 2000 Initial complaint received.
September 20, 2000 Initial inspection completed.
September 21, 2000 Five day compliance encouragement letter issued.
September 27, 2000 Mr. Morrison called.
October 3, 2000 Violation letter issued.
November 20, 2000 Property inspected. Property still in violation.
November 21, 2000 Letter sent to property owner indicating that the violation case was
scheduled before the Board of County Commissioners.
December 6, 2000 Ms.Worth called.
Currently there is a violation of Section(s)31.2,31.3, 31.4,and 31.4.18 of the Weld County
Zoning Ordinance. To bring the property into compliance the property owner shall remove all
business equipment from the property or complete and submit a"Use by Special Review" (USR)
application.
The Department of Planning Services 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;however,the
Department of Planning Services also recommends that the County Attorney delay action for 60
days(based on a telephone conversation with Ms.Worth {12/06/00}).
Inspection information Sheet
VIOLATION: VI-0000297 STATUS: COMPLNT
DESCRIPTION: Commercial Business w/out USR
BASE INFORMATION:
PARCEL NUMBER: 1471-23-2-01-003
LEGAL DESCRIPTION: CE2-3 L3 BLK2 COUNTRY ESTATES %2810 MATHEWS AVE%
SITUS:
2810 MATHEWS AV WELD 80621
OWNER: MORRISON DAVID &WORTH JERE
OCCUPANCY:
LOCATION: 2810 Mathews Avenue
APP TYPE: VI CLASS CODE: VI-6 ZONING DIST: AG
INSPECTIONS:
Item: 00404 TELEPHONE CALL
09/27/2000 By: BJS Action: TEL Comments: Mr.
Magnuson called (303)684-6806 - office and
(303)589-3283 home. He stated that the vehicles and
equipment are only kept there. The main office is in
Longmont. I told him that I thought he would still
need a "USR" but would check with a planner. Sheri
(Planner) said he would still need a"USR" permit.
12/06/2000 By: BJS Action: TEL Comments: Ms.
Jere Worth called. She called to give me an update.
She stated that they are working on removing
everything from the site (on Mathews Avenue). She
asked for 60 days. I told her that we really needed
to go forward through the Violation Hearing process.
She asked if anyone needed to attend. I told her that
I highly recommended that they send someone to answer
any questions that the Board may have. They have
already disconnected the phone number listing in the
telephone book.
Item: 00405 LETTER
09/21/2000 By: BJS Action: NO Comments: Sent
5 day compliance letter. 2000-3050
10/03/2000 By: BJS Action: NO Comments: Sent
30 day Violation Notice.
11/21/2000 By: BJS Action: NO Comments: Sent
letter for violation hearing in front of the BOCC.
Item: 00400 SITE INSPECTION
09/20/2000 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
notations were made:
3+work trucks with the same emblem on the side,
cable, wire, construction equipment.
(Please see pictures dated 09/20/00)
11/20/2000 By: BJS Action: INSP Comments: Upon
a visual inspection of the property,the following
items were noted: there were still a couple of work
trucks and the tubing. Need to schedule this case to
go before the BOCC.
Item: 00406 OFFICE VISIT
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: .- -• Data Sheet s
VIOLATION: VI-0000297 STATUS: COMPLNT
DESCRIPTION: Commercial Business w/out USR
BASE INFORMATION:
PARCEL NUMBER: 1471-23-2-01-003
LEGAL DESCRIPTION: CE2-3 L3 BLK2 COUNTRY ESTATES %2810 MATHEWS AVE%
SITUS: 2810 MATHEWS AV WELD 80621
PEOPLE: APPLICANT MORRISON DAVID &WORTH JERE 09/21/2000 Phone: 303-684-6806 - office
2810 MATHEWS AVENUE
COUNTRY ESTATES
FORT LUPTON 80621
LOCATION: 2810 Mathews Avenue
APP TYPE: VI CLASS CODE: VI-6 ZONING DIST: AG
COMMENTS:
a
ate .144
DEPARTMENT OF PLANNING SERVICES
•
Code Compliance Division
WWW.CO.WELD.CO.US
US
E-mail Address: bsalzman�co.weld.co.us
• 1555 N. 17th Avenue, Greeley, CO 80631
COLOR ADO Phone (970) 353-6100
Fax (970) 304-6498
November 21, 2000
Mr. David Morrison and Mr.Jere Worth
2810 Mathews Avenue
Country Estates
Fort Lupton, CO 80621
Subject: VI-0000297, Lot 3, Blk 2, Country Estates, Weld County, Colorado
Dear Mr. Morrison and Mr. Worth:
The property referenced above remains in violation of the Weld County Zoning Ordinance. I have scheduled
a meeting with the Board of County Commissioners on December 12, 2000, at 10:00 a.m., to consider the
violations occurring on the property. The above mentioned property is in violation of the following Section(s)
of the Weld County Zoning Ordinance:
31.2 "Uses allowed by Right in the A(Agricultural)District."
31.3 "Accessory Uses in the A District."
31.4 "Uses by Special Review in the A(Agricultural) District."
31.4.18 "Any use permitted as a Use by Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial
zone districts provided the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed
prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the
special review permit process to develop."
This does not meet the definition of a"Home Business"per the Weld County Zoning Ordinance and therefore,this type of
use would require a"Use by Special Review"permit.
To bring the property into compliance the following option(s)are available:
• The commercial equipment consisting of work vehicles(especially with logo's on the side),construction equipment,
spools of wire or tubing, and any other commercial equipment shall be either removed from the site or a Use by
Special Review"USR"permit shall be required. Also the posting of your residence address as your business address
and/or telephone number in the telephone book,business cards,newspapers,letterhead,etc.constitute a commercial
business 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 the Violation
Hearing (indicated above).
The Department of Planning Services' staff will be recommending that the Board of County Commissioners
authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that
you were made aware of the nature of the violation, the action necessary to correct the violation, and that you
were given sufficient time to remedy the violation. If you have any questions concerning this matter, please call
me.
Sincerely, Z 13 0 0 5 5 911
US Postal Service
t �} Receipt for Certified Mail
No Insurance Coverage Provided. •
Bethany Salzman Do not use for International Mall(See reverse)
Zoning Compliance Officer Sentto
MR DAVID MORRISON OR JERE i1ORT1
sheet&r tm e
pc: VI-0000297 2810 MATHEWS AV — COUNTRY ESTA'
Poet Office,SOS,a ZIP Ude
Julie Chester, Lead Planner FORT LUPTON, _CO 80621
Bruce Barker, County Attorney Postage
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
rnRearm Receipt Showing to
Whore&Dena Delivered
SERVICE,TEAMWORK.INTEGRITY,QUALITY Reerm Receipt Showing toWhom,
Date,&Addressee's Address
S TOTAL Postage&Fees $
CO
0 Postmark or Date
•
O
U-
Kitta
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
.*- Phone: (970) 353-6100, Ext. 3540
• Fax: (970) 304-6498
Cot.$ADO
WELD COUNTY
ZONING VIOLATION NOTICE
October 13, 2000
Mr. Davis Morrison and Mr.Jere Worth
2810 Mathews Avenue
Country Estates
Fort Lupton, CO 80621
Subject: VI-0000297 Lot 3, Blk 2, Country Estates, Weld County, Colorado
Dear Mr. Morrison and Mr. Worth:
The uses on the above described property are being considered as a zoning code violation of Sections of the
Weld County Zoning Ordinance. Currently your property is in violation of the following Section(s)of the Weld
County Zoning Ordinance:
31.2 "Uses allowed by Right in the A(Agricultural) District."
31.3 "Accessory Uses in the A District."
31.4 "Uses by Special Review in the A(Agricultural) District."
31.4.18 "Any use permitted as a Use by Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial
zone districts provided the property is not a lot in an approved orrecorded subdivision plat or lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special
review permit process to develop."
To bring your property into compliance with the Weld County Zoning Ordinance:
The commercial equipment consisting of work vehicles(with logo's on the side),construction equipment,spools of wire
or tubing,and any other commercial equipment shall either be removed from the site or a Use by Special Review"USR"
permit shall be required. Also the posting of your business address and/or phone number in the telephone book,business
cards, newspapers,etc.constitute a commercial business as well.
It is the intention of this office to assist and cooperate with you without imposing undue hardships;however,we
have no discretion in this matter if you fail to correct this violation. You have 30(thirty)days from,October 13,
2000, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before
the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office
for legal action.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Any information you have that may help to resolve this matter will be helpful. Should you have any questions
regarding this letter,or if you need any further information, please feel free to contact me at the above address,
telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment
so that I may reserve a sufficient amount of time with you.
Sincerely,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0000297
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
4.418' ‘ ..� 4f K,.
Mora IT , {dbons
950 Champion Circle • Longmont, Colorado 80503
Weld County Planning Dept.
Weld County
Department of Planning Services OCT 04 200O
Code Compliance Division
1555 N. lr Avenue RECEI
Greeley, CO 80631
October 2,2000
ATTN: Bethany Salzman
RE: Letter dated September 21,2000
The property at 2810 Matthews Avenue is not being used as commercial business property. We do have a
service related business which travels nationwide. We use the address and phone number at Mathews
Avenue only. Even the phone is answered by machine and messages are retrieved at night. No one ever
goes to that address for business purposes.
Currently our crew is on a long-term assignment in Georgia then anticipate being in Texas through 2001.
If you have any questions please call me.
Thanks
z Cda
Ms. Jere Worth
Operations: 303-655-0888 Accounting: 303-684-6806
Fax: 303-655-0999 Fax: 303-774-1914
Email: MoCoDa@aol.com
lot 444414P DEPARTMENT Of PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co us
1 1555 N. 17th Avenue, Greeley, CO 80t'3 t
Phone: 970) 353-6.100, Ext. 3540
Fa>: '970) 304-6498
as
September 21, 2000
Mr. David Morrison and Mr. Worth
2810 Mathews Avenue
Country Estates
Fort Lupton, CO 80621
Subject: VI-0000297, Lot 3, Blk 2, Country Estates, Weld County, Colorado
Dear Mr. Morrison and Mr. Worth:
it has come to the attention of the Department of Planning Services'staff that the uses on your property may not
be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the Zoning
Ordinance is a commercial business operation without a Use by Special Review "USR" permit. For your
convenience, I have enclosed a"USR"application. If you have any questions regarding the"USR"application,
please contact our office and speak to the'On-Call"Planner,Monday-Thursday, 7:30 a.m.-4:00p.m.and Friday
12:00 p.m. -4:00p.m.
Please contact me within five working days of the date of this letter to review these concerns with me or a thirty-
day violation notice will be issued. Feel free to contact me at the above address, telephone number or e-mail
address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a
sufficient amount of time with you.
Sincerely,
424411q13
Bethany Salzman
Zoning Compliance Office
pc: VI-0000297
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SERVICE.TEAMWORK.INTEGRITY QUALP"Y
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
•. 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
•
Fax: (970) 304-6498
•
r; .iRA $ •
WELD COUNTY
ZONING VIOLATION NOTICE
October 3, 2000
Mr. David Morrison and Mr. Worth
2810 Mathews Avenue
Country Estates
Fort Lupton, CO 80621
Subject: VI-0000297 Lot 3, BIk 2, Country Estates, Weld County, Colorado
Dear Mr. Morrison and Mr. Worth:
The uses on the above described property are being considered as a zoning code violation of Sections of the
Weld County Zoning Ordinance. Currently your property is in violation of the following Section(s)of the Weld
County Zoning Ordinance:
31.2 "Uses allowed by Right in the A(Agricultural) District."
31.3 "Accessory Uses in the A District."
31.4 "Uses by Special Review in the A(Agricultural)District."
31.4.18 "Any use permitted as a Use by Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial
zone districts provided the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special
review permit process to develop."
To bring your property into compliance with the Weld County Zoning Ordinance:
The commercial equipment consisting of work vehicles(with logo's on the side),construction equipment,spools of wire
or tubing,and any other commercial equipment shall either be removed from the site or a Use by Special Review"USR"
permit shall be required.
It is the intention of this office to assist and cooperate with you without imposing undue hardships;however,we
have no discretion in this matter if you fail to correct this violation. You have 30(thirty)days from,October 3,
2000, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before
the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office
for legal action.
Any information you have that may help to resolve this matter will be helpful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above address,
telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment
so that I may reserve a sufficient amount of time with you.
Sincerely,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0000297
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY.QUALITY
b --
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
' F 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
` • ti ADO
September 21, 2000
Mr. David Morrison and Mr. Worth
2810 Mathews Avenue
Country Estates
Fort Lupton, CO 80621
Subject: VI-0000297, Lot 3, Blk 2, Country Estates, Weld County, Colorado
Dear Mr.Morrison and Mr. Worth:
It has come to the attention of the Department of Planning Services'staff that the uses on your property may not
be in compliance with the Weld County Zoning Ordinance. The potential' noncompliance with the Zoning
Ordinance is a commercial business operation without a Use by Special Review "USR" permit. For your
convenience, 1 have enclosed a"USR"application. If you have any questions regarding the"USR" application,
please contact our office and speak to the"On-Call"Planner,Monday-Thursday, 7:30 a.m.-4:00p.m.and Friday
12:00 p.m. -4:00p.m.
Please contact me within five working days of the date of this letter to review these concerns with me or a thirty-
day violation notice will be issued. Feel free to contact me at the above address, telephone number or e-mail
address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a
sufficient amount of time with you.
Sincerely,
1241164.
Bethany Salzman
Zoning Compliance Office
•
pc: V1-0000297
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY.QUALITY
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Business Name Version V- Date Time ID Appl New Version
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TYPE I ACTUAL I ASS() I ACRES I SQ FT
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
co ADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
X ZONING CODE COMPLAINT ❑ Staff/Name: a Citizen ❑ Other:
❑ HEALTH DEPARTMENT
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: GIadM
Pending Case#(i.e.USR,RE,SE, ect...): •Legal Description: a l/9
A'Sll Y itAf As E1*n-Aa i ' rc
""Parceel ,
Parcel#: o��j a°at rr)?
Violation Address: ;142:AC) MC Y1W,pti,$' Y\� OI k `^"Y ', Lc tag 2.t
Property Owners Name: t'('O(c't 5eM i Ia:.,tip 6 riAm[Sp Phone:
Property Owners Address:
Tenant's Name: Phone:
Tenant's Address:NATURE OF COMPLAINT: t/i ricanno n o Ira rya ivy
Zoning Complaint Referred To: Date:
Building Code Complaint Referred To: Date:
Additional Notes:
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