HomeMy WebLinkAbout20001896.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST MAUREEN STEELE 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, Maureen Steele, VI #0000193, is 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 August, 2000, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Maureen Steele, 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 September 8, 2000, to allow adequate time for the properly
owner 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 Maureen Steele 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 September 8,
2000, to allow adequate time for the property owner to bring the subject property into
compliance.
CC'," ey e/9, '5 fee/,- 2000-1896
PL0824
VIOLATIONS - VI #0000193 - MAUREEN STEELE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of August, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
VVE.b.D COUNTY, COLORA O
ATTEST: LW ►I //V La < )aikt 1 PkidUr i
1 :arbana J. �'rkmeyer, C air
Weld County Clerk to th_ b �_ •
� O A, . J. f-ile, Pro-Tem r.
BY: = -� '- . • �h' �il, . . c _�?
Deputy Clerk to the Boa _ t 7-r �'•
Cceprg€: E. Baxter e
PRO D FORM: I -
G Dale K. Hall
ounty Attircrney EXCUSED DATE OF SIGNING (AYE)
Glenn Vaad
2000-1896
PL0824
DATE: August 4, 2000
VIOLATION NUMBER: VI-0000193
NAME: Ms . Maureen Steele
ADDRESS : 4023 Larson Av
ZONE DISTRICT: Agricultural
LEGAL DESCRIPTION: Lot 1, Evans Jungle, Part of the SW4NW4 of Section 30, T5N.
R65W of the 6th P.M. , Weld County, Colorado
PARCEL NUMBER: 0961-30-2-08-008
CASE SUMMARY
June 9, 2000 Initial Inspection completed.
June 14, 2000 Spoke to Ms. Steele' s representative on telephone.
June 15, 2000 Office visit with complainant.
June 15, 2000 Five day compliance encouragement letter issued.
June 15, 2000 Five day compliance encouragement letter re-issued, a,ie to
an incorrect address .
June 16, 2000 Spoke to Ms . Steele' s representative on telephone.
June 29, 2000 Violation letter issued.
July 25, 2000 Letter sent to property owner indicating that the violatioj
case was scheduled before the Board of County Commissioners .
July 27, 2000 Office visit with complainant.
August 2 , 2000 Spoke to Ms. Steele on. telephone. She confirmed her
attendance at the Violation Hearing.
The is a violation of Section(s) 31.3 .9 "Noncommercial Junkyard" and 31 .4 . 3
"Kennel" of the Weld County Zoning Ordinance. To bring the property into
compliance the property owner must remove or screen the Noncommercial Jun'cyari
from all adjacent property owners and public rights-of-way and obtain a "U53" Use
2000-186
by Special Review permit or only allow the number of animal units with_z the
boundaries established by the Weld County Zoning Ordinance on her proper-:y. .
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 ..
Inspection information Sheet
VIOLATION: VI-0000193 STATUS: COMPLN'I
DESCRIPTION: +Animals & NCJY (cars,debris,ect...)
BASE INFORMATION:
PARCEL NUMBER: 0961-30-2-08-008
LEGAL DESCRIPTION: 13437C PT Ll SW4NW4 30 5 65 BEG 300'S NE COR LI
S360'
W144.65' N120' N29D54'E 85.14' N164.92' E100
' TO BE
OWNER: STEELE MAUREEN
OCCUPANCY:
LOCATION: South corner of lot, 4023 Larson Av
APP TYPE: VI CLASS CODE: VI-2 ZONING DIST: AG
INSPECTIONS:
Item: 00404 TELEPHONE CALL
06/14/2000 By: BJS Action: TEL Comments:
Ellen Garman (friend from work) called me on behalf
of Ms. Steele. She asked what exactly the violations
were. I told her the number of animals and the
Noncommercial Junkyard. 1 explained what would need
to he done to bring the property into compliance. I
also explained to her about the process (letter,
letter, hearing). She asked me to go ahead and have
them scheduled for the violation hearings on August
8, 2000. She thinks it will take longer than 60 days
to clean the property. I told her that I would be
sending the 5 day letter. Then Ms. Steele would he
receiving a 30 day Notice letter.
06/16/2000 By: BJS Action: TEL Comments: Ms.
Garman (friend of Ms. Steele's) called in. She was
upset because Mr. Hamblin had given Ms. Steele the
letter in person. I explained the reason for such. 1
also informed her of the incorrect address. She made
sure that 1 now had the correct one. 1 told her that
Mr. Hamblin would not have any further contact with
Ms. Steele as a result of this office. She said
thank-ye u.
06/16/2000 By: BJS Action: TEL Comments: Ms.
Steele called Dave Sprague, Weld County Chief
Building Inspector. She proceeded to tell him how
upset she was. He transferred her to my supervisor,
Julie Chester. I will contact Julie on July 26th
(after she returns from vacation) to find out more
information.
Item: 00405 LETTER
06/15/2000 By: BJS Action: NO Comments: Sent
5 day letter.
06/15/2000 By: BJS Action: NO Comments: Sent
out an additional 5 day letter with the corrected
address.
Item: 00400 SITE INSPECTION
06/09/2000 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
items were noted: too many animals,derelict vehicles,
trailer, miscellaneous debris, cct.... I spoke to a
young man on the property who advised me that they
were intending on selling the animals. I gave him my
business card and asked him to have Maureen Steele
call me as soon as possible. I will send out 5 day
letter.
Item: 00406 OFFICE VISIT
06/15/2000 By: BJS Action: INFO Comments: Tom
Hamblin, a concerned neighbor and the Evans Chief
Building Official, came into our office. He wanted to
know what was going on with this case. 1 showed him
the file. He informed me that I had an incorrect
mailing address. He gave me the correct one. I told
him that it would not go out in the mail until
tomorrow and therefore, would probably not get to the
mail room until next Monday. He said that he would
drop it off for me, since he was already working with
them due to their actual address being in the City
limits of Evans. I gave him a copy and told him that
I would also mail the original.
�r F
fertiso
hiDe
COLORADO Data Sheet 5'
VIOLATION: VI-0000193 STATUS: COMPLN'1
DESCRIPTION: +Animals & NCJY (cars,debris,ect...)
BASE INFORMATION:
PARCEL NUMBER: 0961-30-2-08-008
LEGAL DESCRIPTION:
13437C PT L1 SW4NW4 30 5 65 BEG 300'S NE COR LI
S360' W 144.65' N120' N29D54'E 85.14' N164.92' E100
' TO BEG
PEOPLE: APPLICANT STEELE MAUREEN 06/15/2000 Phone: 970-737-0690
4023 LARSON ST
EVANS JUNGLE
EVANS, CO 80620
CONTACT GARMAN ELLEN 06/15/2000 Phone: 970-737-0690
Friend from work
LOCATION: South corner of lot, 4023 Larson Av
APP TYPE: VI CLASS CODE: VI-2 ZONING DIST: AG
COMMENTS:
CITIZEN ZONING VIOLATION INQUIRY
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
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
Violation it(if applicable): V1-0000193
0 Telephone XXX Office Date: July 27.2000
Name: Tom Hamblen Phone: xxxxxxxxx
Address: xxxxxxxxxxx _
STAFFPERSON: Bethany Salzman,Zoning Code Compliance �.._._
ITEMS DISCUSSED: Mr.Hamblen came in to discuss concerns that he had with a surrounding property,_He had
turned in a violation in May(2000)in rmarcis to this case(VI-0000193). He asked where the violation was at.
informed him that Ms. Steele would be receiving a letter via certified mailin regards to her hearing(violation)dale.
He stated that he did not believe she would sign for a certified copy through the mail. He asked what violations she_
was being presented with. I informed in a"Noncommercial Junkyard"and"too many animal units". He asked for a
copy of the 30 d•y Notice Letter and the"Notification of the Violation Hearing Date" Letter. lie stated that he
wanted to take a copy to her(Ms. Steele), I told him that we(the Department of Planning Services)did not Lot
him to personally give her a copy. lie then stated that he wanted to be able to attend the hearing and if Ms.;'t :ile
did not attend he could explain to the Board of County Commissioners that he personally hand delivered a w)yol_
the letter to Ms. Steele. I advised him against doing so. He said that my point was taken: however,the copies that
he was given(30 day notice and hearipg violation date letters)are public information. He paid for them.lr cei_p
attached)and therefore what he did now was as a public citizen�__
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 North 17th Avenue
Greeley, CO 80631
(970) 353-6100-Fax (970)304-6498
DATE ' ; '' r :x i ' .� RECEIPT -'o (I 5 6 5
•
RECEIVED FROM
NO. TYPE FEES
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4221 -BOA
4221 •MINOR SUB
4221 -FHDPIGHDP I t
4221 -REPLAT
6560•RECORDING FEE
4430•MAPS/PUBLICATIONS
4730•INVESTIGATION FEE
• 4430-POSTAGE/HANDLING
CASH U CHECK N0; TOTAL
BY
WHITE- CUSTOMER CANARY•FINANCE COPY
i a 41' • •\14 119
DEPARTMENT OF PLANNING; SER'5 ICES
C
Code Compliance Di si0n
Website: WWW CO.WI'_LD.C().US
E-mail: bsalzman@co.weld :o.us
1555 N. 17th Avenue, Greeley, CO 81631
COLORADO Phone (970) 3533,100
Fax (970) 304- ,498
July 25, 2000
Ms.. Maureen Steele
1010 36th St.
Evans, CO 80620
Subject: VI-0000193, Lot 1, Evans Jungle, Part of the SW4NW4 of Section 30, 15N, R65W of the 6th P.M.. Weld
County, Colorado
Dear Ms. Steele:
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 August 8, 2000, at 10:00 a.m., to consider the violations
occurring on the property. Currently the above mentioned property is in violation of the following Section(s)
of the Weld County Zoning Ordinance:
31.3.9 "Noncommercial junkyard"consisting of tires,bricks,derelict vehicles, and various other miscellanea'',
debris.
31.4.8 "Kennels,subject to the additional requirements of Section 45.6,Kennels."
KENNEL = Any place other than a pet shop or veterinary clinic or hospital,where five(5)or more household pet-
of one(1)species,or a total of eight(8)or more household pets of two(2)or more species are kept or maintained..
NONCOMMERCIAL JUNKYARD = An area where any waste,junk,or used or second hand materials are stored a
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 Noncommercia:
Junkyard shall be totally enclosed within a building or structure or visually screened from all adjacent properties am'ii
public rights-of-way.
To bring the property into compliance the following option(s) are available:
In order to maintain the"Kennel"an Use by Special Review(USR)application must be completed and submitted to
the Department of Planning Services,otherwise,the animal unit must be reduced within the guidelines established
by the Weld County Zoning Ordinance.
As stated above in the definition of the "Noncommercial Junkyard",the tires, bricks, derelict vehicles, and other
miscellaneous debris must be either removed from the property or screened from all adjacent properties and public
rights-of-way.
This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County C entennial
Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendand e to
answer any questions the Board of County Commissioners might have about the violations.
[The letter is to:]
Page 2
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,
Bethany Salzm n
Zoning Compliance Officer
pc: VI-0000193
Julie Chester, Lead Planner
SERVICE,TEAMWORK,INTEGRITY,QUALITY
a
DEPARTMENT OF BUILDING INSPECTION
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Eet. 3540
Fax: (970) 304-6498
C.
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
June 29, 2000
Ms. Maureen Steele
10110 36th St.
Evans, CO 80620
Subject: VI-0000193 Lot 1, Evans Jungle, Part of the SW4NW4 of Section 30, T5N, R65W of the 6th P.M.,
Weld County, Colorado
Dear Ms. Steele:
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:
31.3.9 "Noncommercial Junkyard"consisting of tires, bricks,derelict vehicles, and various miscellac,OHS
debris.
31.4.8 'Kennels,subject to the additional requirements of Section 45.6, Kennels."
KENNEL —Any place other than a pet shop or veterinary clinic or hospital,where five(5)or more house)cold
pets of one (I) species, or a total of eight(8)or inn'e household pets of two (2)or more species are kel t or
maintained...
NONCOMMERCIAL JUNKYARD —An area where any waste,junk,or used or second hand materials are so'rent
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 nclude the storage or keeping of derelict vehicles. The
Noncommercial Junkyard shall be totally enclosed within a building er structure or visually screened frerl all
adjacent properties and public rights-of-way.
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 trout . lune 29,
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. This office is ready to he of any
assistance in clarifying or answering questions concerning this matter. Please contact me at the above address
or telephone number.
Sincerely,
at.
Bethany Salz n �
Zoning Compliance Officer
pc: VI-0000193
Julie Chester
SERVICE.,TEAMWORK,RITE(iRITY,QUACTIN
° Isr: DEPARTMENT OF PLANNING SERVICES
Code Compliance DiVILOII
1555 N. 17th Avenue, Greeley, CO 8l 631
Phone: (970) 353-6100, Ext. -540
C Fax (9701 304-i 498
WI I p
COLORADO
June 15, 2000
Ms. Maureen Steele
1010 36th St.
Evans, CO 80620
Subject: VI-0000193, Lot 1, Evans jungle, Part of the SW4NW4 of Section 30, T5N, R65W of the t.th I'.M.,
Weld County, Colorado
Dear Ms. Steele:
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 the number of animals currently on the property and the Noncommercial Junkyard consisting of
tires, bricks, derelict vehicles, and various miscellaneous debris. I trust that Ms. Garman relayed the above
information to you after our phone conversation yesterday. Please keep me advised of any changes
If you would like, please feel free to call me to review any additional concerns that you may have As Ms.
Garman and I discussed a thirty day violation Notice will he issued next week.
Sincerely,
Bethany Salzman
Zoning Compliance Office
pc: VI-0000193
Julie Chester, Lead Planner
Bruce Barker; County Attorney
Tom Hamblen, Evans Chief Building Official
SERVICE,TEAMWORK,INTEIRITY,QUALITY
DEPARTMENT OF PLANNING SERVICES
Code Contplian( e Divi ion
1555 N. 17th Avenue, Greeley, CO 80131
Phone: (970) 353 6100, Ext. 4 X40
111 p
C. a, (970 :304-6198
COLORADO
June 15, 2000
Ms. Maureen Steele
4023 Larson St
Evans, CO 80620
Subject: VI-0000193, I of 1, Evans Jungle, Part of the SW4N\N4 of Section 30, TSN, R65W of the 6th P.M.,
Weld County, Colorado
Dear Ms. Steele:
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 the number of animals currently on the property and the Noncommercial Junkyard consisting of
tires, bricks, derelict vehicles, and various miscellaneous debris. I trust that Ms. Garman relayed the above
information to you after our phone conversation yesterday. Please keep me advised of any changes.
If you would like, please feel free to call me to review any additional concerns that you may have. As Ms.
Garman and I discussed a thirty day violation Notice will be issued next week.
Sincerely,
69-filn
ifJcitherrik-
Bethany Salzman
Zoning Compliance Office
per: VI-0000193
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SrRVILE,TEAMWORK,INTH{ MTV,QLJA1 IIY
DEPARTMENT OF PLANNING SERVICES
Code Compliance Dive" xI
155.5 N. 17th Avenue, Greeley, (iO 80631
WI I p Phone: (970) .353-6100, Ext. 3:110
C. Fax: (970) 304-64-18
COLORADO
June 15, 2000
Ms. Maureen Steele
4023 Larson St
Evans, CO 80620
Subject: VI-0000193, Lot 1, Evans Jungle, Part of the SW4NW4 of Section 30, T5N, R65W of the 6ti1 P.M ,
Weld County, Colorado
Dear Ms. Steele:
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 ?oning
Ordinance is the number of animals currently on the property and the Noncommercial Junkyard consisting If
tires, bricks, derelict vehicles, and various miscellaneous debris. I trust that Ms. Garman relayed the above
information to you after our phone conversation yesterday. Please keep me advised of any changes.
If you would like, please feel free to call me to review any additional concerns that you may have. As Ms.
Garman and I discussed a thirty day violation Notice will be issued next week.
Sincerely,
Bethany Salzman
Zoning Compliance Office
pc: Vl-0000193
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
•
DEPARTMENT OF PLANNING SERVICES
itlitt:
COMPLAIN-I REPOR I
COLOR . JO
v , cxro\q.
.X ZONING : 'PLAINT Complaint Initiated by
❑ BUILDINt, )DE COMPLAINT L 3 Staff DCitizen O Other
oliytiW4 cC VINIr'5
Legal Descript � .�Ic�11f'� :SAt-v ,c ...r ._--Parcel# CCk101'.'5[.7• l
Violation Add. a Rs(,.--
Property Owr game: e n p�P..__.. ---Phone#-- _--. _
Property Own.. ddress: �(�[� ('t�.1(arr-AS: _.
V,\1Q En C_-)Att , l Phone# .�1 [X O. Ca
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NATURE OF C. .•‘PLAINT:P LA I N T: c`h.JC111 i'�c'\C�>L __
% �� \/e1r\ ( b; -k1 tk< t/.'\ ��~ Y - - - - - .
Zoning Complaint Referred To.• �16 �y
C , ___—��_ Date: CA ti Building Code Complaint Referred To: Date:
***********************************1****************. ************************ ******4**4.,
ACTION OF INVESTIGATOR Date of Inspect on:
Inspection of the property indicates:
O No violation of the Weld County O Zoning Ordinance/ O Building Code Ordinance
❑ Violation of the following sections of the Zoning Ordinance
o Violation of the following sections of the Building Code Ordinance
***************************************.********************•***********************..a*5a'*.
ACTION ON COMPLAINT
o No Action Taken/No Violation •
O Violation File Started
• Date: — Date: — -
May 22, 2000
Weld County Planning Department
Attn: Bethany Salzman
1555 North 17'h Avenue
Greeley, CO 80631 j
RED,. Potential Building & Zoning Violations - 4023 Larson Avenue, Evans, CO 80620
Dear Ms. Salzman:
As per our earlier phone conversation I am sending you this letter seeking assistance in
addressing a situation which has become unacceptable in our neighborhood. As stated, a
property owner who acquired a small parcel of land in what is sometimes called the "jungle"
and which is located just outside the City limits of Evans has proceeded to construct "shelters"
and stock them with numerous animals. Because of what I see as numerous potential code
violations I will list each concern below individually and respectfully request that you or ( then,
within the County address them. If you need to provide copies of this letter to others for their
reference please feel free to do so.
PROPERTY LOCATION:
Because there is no address posted on the property I have included a vicinity map for
your reference. It is my understanding that the property is located on what is part of an
undedicated portion of Larson Avenue, however there is a sign indicating that it is on
"Andrew Avenue, a private drive". However, it is accessed by proceeding south from
the intersection of Larson Avenue and 37"' Street in Evans to Railroad Diagonal, turning
westerly (right) on Railroad Diagonal for approximately 100 feet, then turning south
(left) at the aforementioned Andrew Avenue sign and continuing south to the deadend.
As you turn south you will note there are a number of mobile homes with dilapidated
out-buildings around them, one of which has an address of 4007 Andrews
Avenue/Larson Avenue.
Some research has indicated that the subject property may be addressed as 4023 Larson
Avenue, Evans, CO 80620. It should be noted that even though it may have an Evans
mailing address it is located adjacent to the west boundary line of the City of Evans
Public Works shop which is also the City limit line for Evans. Therefore the site is
located in unincorporated Weld County.
Page 2
4023 Larson Avenue
PROPERTY DESCRIPTION & OWNER:
My research indicates that the property belongs to Maurine Steele and is identi fice as
Parcel If 096130208008 or R-4020586. It was interesting to note that the County records
showed no improvements, however there is an older mobile home on the site and a
dilapidated outbuilding both of which have existed for a number of years. In addition,
there are four other sheds that have been built in the last few months plus two more
under construction.
•
Research also indicates that the subject parcel is Part of Lot 1 of the SW 1/4 of the
NWI/4 of Section 30, Township 5 North, Range 65 West of the 6th PM, as subdivided
by the St. Louis Western Colony. I bring this to your attention in case there are varying
regulations in the codes regarding whether or not the property is located within a platted
subdivision. I have also included a drawing showing the approximate size of the subject
parcel including dimensions showing that it consists of approximately 40,088 square
feet in size or 0.99 acres.
POTENTIAL CODE VIOLATIONS
1) Animals & Livestock: As of May 22, 2000 I counted at least 21 goats and sheep
(only 4 or 5 could be considered lamb/kids), 3 full grown horses, 19 dogs
(mostly pups - 4 are full grown). A majority of these animals are confined o the
southern 100 feet of the property (14,500 sf/0.33 acres).
2) Buildings: As noted above, the site consists of an older mobile home which has
had a roof structure constructed over the home, an older shed which is missing a
large amount of roof sheathing and appears to be in danger of collapsing, and the
aforereterenced livestock sheds. These sheds have been built in the past few
months and are approximately 8' by 16' (128 square feet each). I realize the
building code exempts "one story detached accessory buildings used as tot 1 and
storage sheds, playhouses and similar uses" provided they do not exceed I N)
square feet in floor area. Notwithstanding amendments to the building code or
other regulations regarding structures in a platted subdivision, I would request
that these issues be researched as to compliance with the County regulations
including structural integrity of all buildings and required setbacks for the >hed
structures (the sheds have been placed at approximately 5' from the propery
lines).
3) Trash & Debris: Over the past few months, since the property has been under
new ownership, a large amount of trash has been blowing from this property
throughout the neighborhood. On one particular day about two weeks ago, while
they were sheering sheep, I witnessed the workers throwing plastic pop bo'tles
onto the neighboring properties as well as discarding trash on their own pnperty.
f would request that this issue he addressed as well. It might be noted that vAA
Quality Lawn Service has been dumping grass clippings at this site as well
Page 3
4023 Larson Avenue
In conclusion, it is difficult to ascertain whether anyone has been residing in the mobile ionic
structure, however it is quite evident that there is no electrical meter in the meter socket. It is
also my understanding that the owner has been talking with the Weld County Planning and
Health Departments regarding the possibility of placing a modular dwelling unit at this site. As
a point of information, research indicates that there is no public sanitary sewer or potable
drinking water at the site. I realize the County has criteria that must be met before anyone can
place a unit at this site, however I bring this to your attention based upon what I would refer to
as "a less than good neighbor" who I feel is looking to "sidestep" as many regulations as
possible.
Please be advised that I would like to keep my name out of any enforcement actions that may
be taken, however, if necessary, I would be willing to assist you in these issues. In addition,
please be advised, that at this time, this is strictly a citizen complaint and has no connection to
my position with the City of Evans. If you have any questions or if I can be of assistance please
call (970) 339-5344, extension I I l .
I thank you in advance for your prompt attention to this matter.
Respectfully,
�%ark
Tom Hamblen
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ttecorded at o'clock _ M, on _ Book _ Page
otion No. Recorder
293
s CWarraitty6Deed
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the
property")from the Individual(s),corporatlon(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual is
or entity(les) named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property
except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2) any easements anc
rights-of-way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5;
any protective covenants and restrictions shown of record,and(6)any additional matters shown below under"Addi Lion al Warrant
Exceptions".
The Specific Terms of This Deed Are:
Grantor: (Give name(s)and place(s)of residence;if the spouse of the owner-grantor is pining in this Deed to release homestead rights,bona
grantors as husband and wile.)
DOMINGO HERNANDEZ
30700 DROUILLARD RD. If 124
WALBRIDGE, OHIO 43465
Grantee: (Give name(s) end address(ss):statement of address.including available road or street number,is required)
MAUREEN STEELE
4023 LARSON STREET
EVANS, CO 80620
Form of Co-Ownership: (If there ere Iwo or more grantees named,they will be considered to lake as tenants in common unless the words-'ii
joint tenancy"or words of the same meaning are added in the space below.)
Property Description: (Include county and state)
SEE EXHIBIT A ATTACHED HERETO
111111111111111111 1111111111 11111111111 III 11111 Ili) IIII
2729323 10/28/1999 11:17A JA SuklTeukamoto
1 of 2 R 10.00 D 3.30 Weld County CO
Property Address: 4023 LARSON STREET, EVANS, WELD COUNTY, COLORADO 80620
Consideration: (The statement of a dollar amount is optional;adequate consideration for this deed will be presumed unless this conveyance is
identified as a gilC in any case this conveyance is absolute.final and unconditional I
Reservations-Restrictions: (II the GRANTOR intends to reserve any interest In the property or to convey less than he owns.Of If the GRANTOR
_, is restricting the GRANTEE'S right in Ins property. make appropriate indication)
DOMINGO HERNANDEZ RESERVES ALL OIL, MINERAL, AND GAS ON, IN, OR ABOVE SAID
PROPERTY
O
Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.)
m
3 .--jj //�fp� y�Cy
0 L7!! V"v/L/t�2 Executed by the Grantor on • 19
Signature Clause to Corporation,Partnership or Association: tp2,4.4,..2ma
Signnaature Claus for Indlvldusl(s:
Name of Grantor: Corporation,Partnership or Association r rain
k w 1.'ij - )ZANEE M, PLC, att xYey ?,•7r.
r rantat
i }� et'",)4S9 f xr
.A .i tt 7 Yb —_ --------
Grantor
0 l,+yp
s}*'TATk OF COLORADO
4CL*NTY OF WELD ) ss.
•The foregoing instrument was acknowledged balers me this 28th day of Octgber Y9 99
By • DOMINGO IERNANDEZ BY ZANE M. PIC, ATTORNEY IN FACT
WITNESS expires:
/icuase'
NESS my hand
h ede0
My and olC IN
of ry IMP c
STATE OF
COUNTY OF ) as"
The foregoing instrument was acknowledged before me this day of _ 10
ey
(•name individual Grantor(s)or it Grantor is Corporation.Psrtnerehlp or Assoclslion.then Identify signersas president or vice president and sec,etary cv
assistant secretary of corporation;or as partners)of partnership;or as authorized member(s)of association.)
WITNESS my hand and official seal.
My commission aspires: Notary Public
=
s 1911 UPDATE LEGAL FORMS NC 201
P O Box 1815 Greeley.Colorado 80632
43031 356-6310
11111111111111111 I I I 111111111111111111 01 MU I I 11111
• 2729323 10/2811999 11:17A JA Sold Teukamoto
• 2 of 2 R 10.00 D 3.30 Weld County CO
EXHIBIT A
A parcel of land lying in Lot 1 of the Southwest Quarter (SW1/4) of
the Northwest Quarter (NW1/4) of Section 30, Township 5 North,
Range 65 West of the 6th P.M. , in Weld County, Colorado, according
to the subdivision of lands by the Saint Louis Western Colony, said
parcel being more particularly described as follows : Considering
the East line of Lot 1 of the Southwest Quarter (SW1/4) of the
Northwest Quarter (NWl/4) of said Section 30 to bear South 00 ' 00' 00 '
West and with all other bearings contained herein relative thereto;
Beginning at the Northeast Corner (NEcor) of Lot 1'; thence South 00 '
00' 0D West along the East line of said Lot 1 a distance of 200 . 00
feet to the True Point of Beginning; thence South 00 ` 00 ' 00 "Wes_
along the East line of said Lot 1 a distance of 360 . 00 feet tsi the
Southeast Corner (SEcor) of said Lot 1; thence North 89 28 00 West
along the South line of Lot 1 a distance of 144 . 65 feet; thence,
North 01 b3t'00 'East a distance of 120 . 00 feet; thence North 29 51
00 East a distance of 85 . 14 feet; thence North 00 00 00 East a
distance of 164 . 92 feet; thence North 90 00 00 East a distance of
100 . 00 feet to the True Point of Beginning. Said parcel cor.taina
. 979 acres, more or less .
ALSO KNOWN AS 4023 Larson Street , Weld County, Evans, Colarada
80620
DOMINGO HERNANDEZ reserving all oil, mineral and gas on or
above said property
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CHRONOLOGY
4023 LARSON AVENUE
EVANS, CO 80620
WELD COUNTY JURISDICTION
Fall of 1999 - Tom Hamblen & Thurman (Bill) Thompson met man who was building first pole
barn and introduced ourselves. Tom indicated to man (Noel Steele) that he
might need a permit to construct building and that it did not appear he was
meeting required setbacks. He indicated that he had already talked to the County
and could building all the buildings he wanted too as long as they were not over
120 square foot in size. Through the next few months pole barns were erected
which were 128 square feet in size and animals were brought in.
5 of 2000 - Talked with Bethany Salzman, Zoning Compliance Officer with Weld County.
5-22-2000 - Sent letter of May 22, 2000 to Salzman via Dave Sprague, Weld County
Building Inspector outlining numerous concerns which included information
regarding the property location and owner.
5-30-00 - Called Ms. Salzman on May 30, 2000 to check status and she indicated that she
had not had a chance to check into concerns. She asked me to call her back on
June 2, 2000.
Left message with Weld County Attorney Lee Morrison (356-4000 extension
4395/ 336-7235) to give me a can. Mr. Morrison returned my call and left a
message on my answering machined.
Talked with Dave Sprague (353-6100, extension 3540) and we discussed issues
such as the maximum ground coverage (by structures) allowed on a site. I also
asked him who Ms. Salzman's supervisor was and he informed me that it '.vas
Julie Chester.
6-2-00 - Counted 21 full grown sheep/goats plus 10-12 lambs/kids, 4 horses, 4 full grown
dogs plus puppies and 3 chickens. I called Ms. Salzman and left a message on
her machine to call me.
6-2-00 - Bonfire during evening hours.
6-3-00 - Stceles burning trash and debris throughout day; had to close windows to prevent
smoke from entering house. Fire burns down during early evening hours and
house is opened back up. About 10:30 PM fire is being stoked again and is
burning 8-10 feet high. Called in complaint. Even though it is in the LaSalle Fire
District through a cooperative effort Evans Fire Department responds. lint tally
Fire Dept. thinks they might have a permit but returns later and asks them to put
out the fire.
1. EXHIBIT
I''r '�'Ma
Page 2
4023 Larson Avenue Chronology
6-4-00 - 2:45 AM - Dogs barking for hour plus -- 5:30 AM - Dogs barking again this time
at the horses. Found 5 puppies on our property and caught 3 of them and look
them to the Animal League building in Evans. Count showed 21 full grown
sheep/goats, 10-12 lambs/kids, 4 horses plus numerous dogs and pups.
6-6-00 - Ms. Salzman called me back and indicated that she had been out ill for a few
days. We discussed numbers of animals permitted and zoning category
(Agricultural) and she faxed me information regarding those issues. A review of
the information indicates that there is an obvious violation.
6-7-00 - Verified with Gary Sandau, LaSalle Fire Dept. via phone that burning was not
allowed in the evenings and that they had no amendments to the 1994 UFC.
6-8-00 - 5:30 AM - Several dogs are barking for 45 minutes or so and have been moved
toward the north end of the property. Count indicated 28 + or - goats/sheep, 4
horses, 3 chickens.
6-10-00 - 3:30 - 5:30 AM - Dogs barking fairly continuously. Count indicates at lease 30
sheep/goats, 4 horses, 3 chickens. Took picture of site including dogs in
dilapidated shed.
6-11-00 - 10:30 PM - Two individuals appear to be "penning " up animals, throwing fence
posts around, roaring engine and shining lights on our bedroom window. Dogs
barking. It also appeared that two individuals may be "camping out" in the
pickups at the site.
6-12-00 - Dogs barking throughout at 5:00 AM and evening/night hours. Called Sheriff's
office to report dead lamb and got disconnected during transfer. Called animal
control extension 4626 direct and left message fin Gary Swartz and/or Julie Berr
regarding dead lamb. Also gave them permission to go on our property to
observe situation.
6-13-00 - Dogs harking continuously throughout early AM hours finally subsiding about
6:45 AM. Called Ms. Salzman and left message fin her to call me. Followed up
with call to Julie Chester for her to call me. Went to site and talked with Steele's
son and two other men regarding barking dogs. Drove to 1010 36"' Street in
Evans (Steele's residence) and talked with Noel Steele about dogs. He indicated
that he was getting rid of the animals A quiet night followed.
6-14-00 - Dogs harked almost constantly. Evans Public Works personnel indicate that there
was a baby goat who had hung itself on a fence when they arrived for work
Page 3
4023 Larson Avenue Chronology
6-15-00 - Took more pictures early morning - Count indicates at least 27 goats/sheep. 4
horses, 3 chickens and 9 plus dogs. Ms. Salzman called and left message that
there were several problems; #of animals,junk vehicles. She talked with
someone else who represented herself as a friend of the Maureen Steele's. The
friend indicated that the Steeles were looking for other land to move their
animals to; however, if that didn't work out they were interested in a hearing
proposed for August 8, 2000 in front of the County Board of Commissioners. I
called Ms. Salzman back and requested a meeting with her today at 3:00 PM.
She also indicated that there was a letter going out today. Met with Ms. Salzman
regarding issue and was disappointed in contents of aforementioned letter. Asked
Ms. Salzman to change address on letter to Steele's residence at 1010 36° Street
in Evans since no one resides at the subject address. After getting a copy o t the
letter from Ms. Salzman at the meeting, I personally hand delivered a copy of
the letter to Maureen Steele at approximately 7:00 PM in the street in front of her
residence. Ms. Steele began asking questions of me regarding the issue but
informed her she needed to contact the County since I did not represent the^n.
6-16-00 - Evans Fire Chief asks how we (the neighbors in the vicinity of the City shops)
can put up with the barking dogs. He indicated they returned from assisting with
fighting the Bobcat forest fire the previous night and the dogs barked the whole
time they were refueling the fire trucks.
6-17-00 - Dogs barking intermittently throughout morning (15-20 minutes at a time)
6-18-00 - We had company up from Denver and they could not believe the situation
including the trash that was blowing all over the neighborhood from the Srcele
site.
6-20-00 - Intermittent harking throughout the night.
6-21-00 - AM count indicates 26+ sheep/goats, 4 horses, 3 chickens plus numerous clogs
Trash is still all over area.
6-22-00 - 5:30 - 7:30 AM dogs barking constantly.
6-23-00 - 5:15 -6:30 AM dogs barking constantly.
6-25-00 - 5:10 - 7:20 AM dogs barking constantly.
6-26-00 - City of Evans Public Works Operations Superintendent asks me about the status
of the situation. Indicates he is getting tired of the dogs barking (he said he
listened to them for 2 %3 hours this morning).
Page 4
4023 Larson Avenue Chronology
6-27-00 - 6:30- 7:00 dogs barking constantly. Called Ms. Salzman to inquire about status.
6-29-00 - Ms. Salzman called me back and said that she had sent the Steeles a notice to
come into compliance within thirty days or they would be scheduled for a
hearing before the Board of Commissioners.
7-3-00 - Dogs harking throughout previous night continuously from 5:15 - 6:30 AM.
7-4-00 - 4:30 - 6:30 AM dogs barking. Took pictures of wrecked supercab Ford pickup
that had been "T-boned" and had writing on it indicating that it had been totaled
I wondered why if they had received a notice to come into compliance why they
were hauling in additional junk. Count indicated at least 24 goats/sheep, 4 horses
3 chickens, and a minimum of 8 dogs. People making a lot of noise at a midnight
feeding.
7-5-00 - Left message for Monica Mika-Daniels to call me. She returned my call right
away and we discussed issues. She assured me that I would have the opportunity
to address the Board of Commissioners at the hearing and I did not need a to
send a letter requesting to he on the agenda. Later that evening I poured water
into a bucket over the fence to a small goat that did not have any. (extremely hot
day).
7-6-00 - Dogs barking 3:00 - 5:00 AM and 7:00 - 7:30 AM. Bill Thompson confronted
the Steeles about doing something with their dogs.
7-7-00 - Dogs barking almost continuously from 3:00 AM to 7:00 AM. When Noel Steele
and his son (2) arrived to dump grass clippings, which is the standard feed. I
confronted them over the fence and told them to take care of their dogs and pick
up the trash. They indicated they were working on it and were trying to sell the
property. I also called AAA Lawn Care Service (Noel's employer) and asked
them to get a message to Mr. Steele regarding the dogs. Phoned Ed Jordan, Weld
County Sheriff and talked to him regarding situation.
7-10-00 - Solitary dog barking from 3:00 - 6:30 AM (intermittently).
7- 12-00 - 5:30 AM dogs barking for hour or more. Evans Police officer Angi Quinn arrives
at City shops to fuel squad car and I ask her to please note any times she wns at
the shops and heard the dogs harking.
Page 5
4023 Larson Avenue Chronology
7-14-00 - Trash picked up by local resident and put back on Steele's property (from where
it came). Found note on my door from Julie Hibler asking me to call her on her
cell phone. Called but got no answer.
7-18-00 - Dogs barking from 5:30 AM to 7:15 AM.
7-19-00 - Repeat of previous day.
7-20-00 - 2:30 - 6:30 AM dogs barking. Count indicates 4 horses, at least 18 sheep/goats.
6 to 8 dogs and 3 chickens. 9:30 PM dogs running loose on property and
harassing horses & sheep/goats. Horses crashing into buildings and fences while
running from dogs. Called Weld County Sheriff's Dept. and deputies Cooch &
Stark responded. Dogs had calmed down by time they had arrived.
7-21-00 - Once again from about 2:30 - 5:30 dogs were barking and chasing horses. Horses
were panicked and were running into fences and buildings. 6:00 AM count
indicates 4 horses, 3 dogs running loose with others in cages, 20 sheep/goats and
3 chickens. At about 5:15 PM I arrived home to find dogs barking and chasing
horses again. I had gotten Noel Steele's cell phone number earlier and I called
him and told him he needed to get out to his place and take care of his animals.
He indicated he had to finish work first and then he would go by.
7-23-00 - 5:30 AM dogs barking and count indicates 4 horses, 20+ sheep/goats and three
chickens.
7-24-00 - Ms. Salzman called and ask to set up a meeting with me. Appointment scheduled
for 7-26-00 at 11:00 AM.
7-25-00 - 5:45 AM dogs extremely noisy this morning, some of which could probabl} be
attributed to the crop duster in the area. Count indicates 23 goats/sheep, 4 horses_
3 chickens and a minimum of 6-8 dogs.
7-26-00 - Meeting with Ms. Salzman rescheduled for July 27. 2000 at 8:00 AM
7-27-00 - 5:15 to 5:35 AM dogs barking, 6:30 to 7:00 AM dogs barking. Count indicates at
least 21 sheep/goats, 4 horses, 3 chickens and 6 - 8 dogs. 8:00 AM meeting with
Ms. Salzman held (her office) at which various issues were discussed. Ms.
Salzman indicated that she had not received the certified receipt back from the
Steeles indicated that they had received the thirty day notice. I asked lbr a copy
of the letters that were sent to Steeles. Received copies for which I paid S1.25 for
each page.
Page 6
4023 Larson Avenue Chronology
7-27-00 (cont.) - Also met with Joe Mendez, Weld County Building Compliance
Officer, to discuss other issues noted in May 22, 2000 letter to Ms. Salzman
structures, setbacks, etc. He indicated that he would followup on them and let me
know the result of his findings. Prior to leaving Ms. Salzman and Julie Chester
conferred with Bruce Barker, County Attorney, regarding concerns that they had
when I indicated that I was going to deliver a copy of the 30 day notice to the
Steeles today. They asked me to please call Mr. Barker later. After exchanging
several answering machine phone calls I was finally able to connect with M:'.
Barker at which time I assured him I was not representing myself as an agent of
the County and only wanted to make sure that the Steeles received a copy. h_ is
my intent to make every attempt to keep this issue from being prolonged anv
longer that it already has been.
That evening about 5:30 PM I went to the Steele's residence at 1010 36' Street,
Evans and noticed Mr. Steele unloading lawn equipment next door at AAA Lawn
Care Service. Mr. Steele indicated I couldn't be harassing him at work and asked
me what I wanted, When I showed him copies of the County's June 29th Zoning
Violation Notice and the July 25i° thirty day notice he indicated that they had
already seen them and asked why I was doing the County's work. I replied I was
not affiliated with the County in any way and I was just delivering them for my
own reasons. I specifically asked him if he was referring to the aforementioned
letters and was he aware that there was a pending hearing date of August 8.
2000. He stated "yes" and I indicated that was all I needed to know and I left.
On my way home I drove by the property site just off of Railroad Diagonal
looking for and For Sale signs since Mr. Steele had indicated earlier that h' was
trying to sell the property. None were noted.
7-28-00 - 2:30 to 6:30 AM dogs harking almost continuously.
7-29-00 - 5:30 to 6:30 AM repeat of previous day.
7-30-00 - 5:30 to 6:00 AM dogs barking. Count indicates 21 sheep/goats, 3 horscs (I
gone), 3 chickens and at least 6-8 dogs if not more. "T-boned truck is gone and
noticed that inoperable van and pinto car were located behind shed, out of sae of
front driveway.
7-31-00 - Approximately 10:00 PM dogs barked furiously for about 30 minutes.
8-1-00 - Limited barking of dogs around 6:30 AM
8-2-00 - Same as day before.
Page 7
4023 Larson Avenue Chronology
8-3-00 - 5:30 AM dogs barked for about 30 minutes. Count indicates at least 20
sheep/goats, 3 horses, 3 chickens plus numerous dogs. Later in day I called a
realtor and ask her check for listing of property since it was supposed to he for
sale. I even gave her the name of the prior listing agent on the property but she
indicated that there was no record of a listing that she could find. Also drove by
property looking for"For Sale" signs; none found.
8-4-00 - 5:15 AM dogs loose and chasing horses and sheepigoats. Once again the horses
were frantic and the sheep/goats were being worked up as well. Continual
barking for about an hour. Took pictures of derelict vehicles, dilapidated
building housing dogs. Count indicates 21 sheep/goats, 3 horses, 3 chickens and
three dogs running loose plus more barking from inside of old building.
8-5-00 - Dogs barking early morning. Later in the evening a bonfire was ignited on
property; sounded like a teenage party going on.
8-6-00 - Dogs barking from 6:00 AM to 7:00 AM and from 10:30 PM to 3:00 AM on
August 7"'.
8-7-00 - Called Weld County Dispatch and asked dispatcher(Sue) to have Evans Police
Department contact me even though it was outside of their jurisdiction. Sargent
Nelson contacted me and I asked him to have any of his officers that were in the
area to verify the barking dogs if they were in the neighborhood. Dogs were
quiet until about 5:30 AM when they started barking again. Count indicates 20+
sheep/goats, 3 horses, 3 chickens and numerous dogs barking from inside
dilapidated building. Also noted that at least 3 goats were outside of fence on
neighbor's property to the west.
Called Joe Mendez with the County and he confirmed that there were some
dangerous buildings that needed to be abated at the site as well as setback
violations.
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