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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 Name: MVC-017S.3PG aDtCr) Size: 30198 bytes 1C�✓� Dimensions: 640 x 480 pixels " Name: 24681 8S.JPG /�3('� Size: 24681 bytes (�� Dimensions: 640 x 480 pixels N 1.4 • w E r : .- -• 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 Telt_. f !. a.,_ I _ 26 O THEWS AV WELD � — —: 2— ---"-'—t's—z——A::: L t s 1 IL licit i 'sl — r _ MORRISON DAVID G d CE2-3 L3 BL COUNTR ESTATES %2610 - "` -. : MATHEWSAVE o Wirt' 3 lORTH .ERE L w . SITUS:2810 MATHEWS AV WELD 80621 2810 MATHEWS AVE - m ORT IUPTON CO L-_80621 s- .= E I 0316 -1Assessars Co�rversion -' PRE®E t j Mil Levi 93.3Qoeba ; Owner Ni4nie/Addiess - - Account MORRISON DAVID 6& $ Legal Description R6?57.386 ii 396 MATHEWS AVEillCE2-3 L3 BI..K2 COUNTRY ESTATES 22610 MATHEWS Year District FORT LUPTON CO 80621 ' AVEZ SITUS:2810 MATHEWS AV WELD 80621 2000 0319 Apr Dist St IA +', =Parcel Number NH Space Seq 147123201003 Street No Dip Notl Street Name Type 2810 ��MATHEWS AV Location City @ Location Zip Acct Type Lagt WELD 80621 Residential BACode Owner Id Owner Location Map No 1458 • Business Name Version V- Date Time ID Appl New Version 19990706000 06-JUL-1999 11:17 AM REIN AIMS 20000921000 TYPE I ACTUAL I ASS() I ACRES I SQ FT oil 0. RESIDENTIAL - 115.491 11,250 8.740 1.000' CIrG%r ❑ 'ta asiz - ❑Recording ❑ Coral° ❑ Et ❑State Asd _ J _I !.I❑ ::'s:c ❑mire 0 cprikot ❑ ecor Imaging TOTAL( 115.91 11,250: 8.740: 1,000: O —i:rs ❑s4-..,t, 0 hlstc,iy QUERIES O Oil Gas Q Name Mobile Current Year -1,1! errivsi 1 O Mine O Sales Prior Year 'licl<<I - sr,:f Abatement O Twn C)Parcel Next Year Characteristics property Card' O BIk/Lot<)Street Clear Exit i O Condo O Account 1, 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,$' Y\� OI k `^"Y ', Lc tag 2.t Property Owners Name: t'('O(c't 5eM i Ia:.,tip 6 riAm[Sp Phone: Property Owners Address: Tenant's Name: Phone: Tenant's Address:NATURE OF COMPLAINT: t/i ricanno n o Ira rya ivy Zoning Complaint Referred To: Date: Building Code Complaint Referred To: Date: Additional Notes: -. -_ _. - I .. germ dk6rl de baoka_ .� end l_date<- '< •• III -,:- and de_hodc.R NUM- :� �` . F—Er qaa ' - ada 67 hooker nm II ( /28/19 - ,:, tw.�: . 1200P a �' - 'JTWD WRAY HOWARD 1 s s r WRAP DIANA L f—' - ` 1 -a 2310-MORRISON DAVID G - my : --,WORTHJEREL h" = _ ' ; - t Evn$Mi9 = - i i Imo'- s � Y 2696732 , ; 2810 MATHEWS AVE FT LUPTON - '- iiAS-it,.,±4-.22a7:1--,__ ESTATES Lot 3 Block 2 � .t Dale Veiled -- _ -��1 k"_.." .em ._ ;°.� - '.*• --- �. .-,-r . - a K'-' * - - Da:N i'G"``L, Date Last Modified xi-t -� 7.r.I �t bx -06/07n �. j:,,,,:_ .,.--.77:12,-7-*: '4111i474-.:..T. l-r bare ''.JMARTINE . 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