HomeMy WebLinkAbout20002829.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST RICHARD AND MICHAELEEN CARLSON 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 Michaeleen Carlson, VI #0000194, 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 14th day of November, 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 and Michaeleen Carlson were not present or represented at said
hearing, although all parties were notified of said hearing by Department of Planning Services
staff, and
WHEREAS, the Board deems it advisable to bring legal action against those individuals
as hereinabove named to correct said violation.
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 14, 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 #0000194 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Richard and Michaeleen Carlson 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 14, 2001, to allow adequate time for the property owners to bring the subject property
into compliance.
2000-2829
Fe ,' / l:.1 /9 /9/LJ C/9 PL0824
VIOLATIONS - VI #0000194 - RICHARD AND MICHAELEEN CARLSON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of November, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WE-D COUNTY, COLORA'O
ATTEST: ilyallI //,._�
`� arbara Kirkmeyer, C air
Weld County Clerk to th4o. • °Ta?�r
BY: Gat/u.0 Co �'► ��COI
r A M. J. eile, Pro-Tem
Deputy Clerk to the Boar. WC !����,
Geor E. Baxter
APPROVED AST OKiVI:
lJ Da . Hall
2�7 —� v2
minty Attorney //a4
Glenn Vaad
2000-2829
PL0824
LH-) DEPARTMENT OF PLANNING SERVICES
WI I D Code Compliance Division
C 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
COLORADO Fax: (970) 304-6498
INSPECTION REPORT
NAME: Mr. & Mrs. Richard Carlson
LEGAL DESCRIPTION OF PROPERTY: Part of the W2NE4 of Section 15, Ti N, R65W of the 6th
P.M., Weld County, Colorado
DATE: November 13, 2000
CASE NUMBER: VI-0000194
Upon a visual inspection of the property, the following items were noted:
12+ derelict vehicles
2+ Mobile Homes
Wood
Plastic
Metal
various building materials
Semi Trailers
Construction Equipment
various miscellaneous debris
For more information, please see video taken on November 13, 2000.
Bethany Salz
Zoning Compliance Officer
pc: VI-0000194
Julie Chester
SERVICE, TEAMWORK, INTEGRITY, QUALITY
DATE: November 8, 2000
VIOLATION NUMBER: VI-0000194
NAME: Mr. Richard & Michaeleen Carlson
ADDRESS: PO Box 597, Hudson, CO 80642 = Mailing Address
21450 WCR 10, Hudson, CO 80642 = Situs Address
ZONE DISTRICT: Agricultural
LEGAL DESCRIPTION: Part of the W2NE4 of Section 15, T1N, R65W of the 6 " P.M. ,
Weld County, Colorado
PARCEL NUMBER: 1473-15-0-00-031
CASE SUMMARY
May 23, 2000 Initial complaint received.
May 25, 2000 Initial inspection completed.
June 21, 2000 Five day compliance encouragement letter issued.
August 16, 2000 Violation letter issued.
September 21, 2000 Property inspected. Property still in violation.
October 17, 2000 Mrs . Carlson called. Answered several questions for her.
I also informed her of the Violation Hearing.
October 20, 2000 Mrs . Carlson called. She had me repeat everything from our
previous discussions.
October 19, 2000 Letter sent to property owner indicating that the violation
case was scheduled before the Board of County Commissioners .
There is a violation of Section(s) 31.3 . 9, 31 .3 .6 and 31.4 .18 of the Weld County
Zoning Ordinance. To bring the property into compliance the property owner shall
remove, permit (through a Use by Special Review) or screen the Noncommercial
Junkyard from adjacent property owners and public rights-of-way.
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 .
2°00-2829
Inspection information Sheet
VIOLATION: VI-0000194 STATUS: ISSUED
DESCRIPTION: LARGE - NCJY (50+cars,wood,metal,air cond,ect)
BASE INFORMATION:
PARCEL NUMBER: 1473-15-0-00-031
LEGAL DESCRIPTION: 10775-A W2NE4 15 1 65 & ALL THAT PT W2SE4 LYING N OF NERES
CANAL EXC BEG E451'FROM NW COR NE4 THENCE $630' E363'
N630' W363' TO BEG(2D .75R) SITUS: 21450 10 CR WELD
OWNER: CARLSON RICHARD & MICHAELEEN
OCCUPANCY:
LOCATION: 21450 WCR 10
APP TYPE: VI CLASS CODE: VI-2 ZONING DIST: AG
INSPECTIONS:
item: 00404 TELEPHONE CALL
10/17/2000 By: BJS Action: TEL Comments:
Mickey Carlson called (303)536-9345. She asked what
exactly was in violation. I informed her of my
previous inspection. She said most of the stuff was
not visible from the road. I informed her that it was
visible from adjacent property owners (and you can
see it from the road). I informed her that I would be
sending her letter giving her and Richard more
information regarding the BOCC - Violation Hearing.
She asked if I could refer it to the County
Attorney's Office but delay any action for 60 days.
10/20/2000 By: BJS Action: TEL Comments:
Mickey Carlson called back. She lost the piece of
paper that she had written everything on. She asked
me to repeat everything that we had previously
discussed. I repeated everything that I could think
of.
Item: 00405 LETTER
06/21/2000 By: BJS Action: NO Comments: Sent
5 day letter.
08/16/2000 By: BJS Action: NO Comments: Sent
30 day violation notice
10/19/2000 By: BJS Action: HR Comments: Sent
letter notifing them of BOCC Violation Hearing.
Item: 00400 SITE INSPECTION
05/25/2000 By: BJS Action: INSP Comments: A
site inspection revealed a very large noncommercial
junkyard consisting of 50+derelict vehicles, wood,
metal, plastic, building materials, and commercial
equipment. There was also at least one mobile home.
(Please see pictures in file dated 05/17/00.)
09/21/2000 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
items were noted: No changes since previous
inspection (no pictures taken at this time)
Item: 00406 OFFICE VISIT
4f1(›It .
WINk
COLORADO Data Sheet
VIOLATION: V1-0000194 STATUS: ISSUED
DESCRIPTION: LARGE - NCJY (50+cars,wood,metal,air cond,ect) ^�
BASE INFORMATION:
PARCEL NUMBER: 1473-15-0-00-031
LEGAL DESCRIPTION: 10775-A W2NE4 15 1 65 &ALL THAT PT W2SE4 LYING N OF NERES CANAL
EXC BEG E451'FROM NW.
COR NE4 THENCE $630' E363'N630'W363'TO BEG (2D .75R)
SITUS: 21450 10 CR WELD
PEOPLE: APPLICANT CARLSON RICHARD &MICHAELEEN06/21/2000 Phone: 303-659-3625
PO BOX 597
HUDSON
CO 80642
NEIGHBOR LONG LARRY 06/21/2000 Phone: 303-536-4353
21044 WCR 8
HUDSON
CO 80642
Has access to ditch road
LOCATION: 21450 WCR 10
APP TYPE: VI CLASS CODE: VI-2 ZONING DIST: AG
COMMENTS:
Y�t ��, ,,ID
(--
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
IN C WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
COLORADO Phone (970) 353-6100
Fax (970) 304-6498
October 19, 2000
Mr. Richard Carlson
PO Box 597
Hudson, CO 80642
Subject:VI-0000194, Part of the W2NE4 of Section 15, T1 N, R65W of the 6th P.M., Weld County, Colorado
Dear Mr. Carlson:
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 November 14, 2000, at 10:00 a.m., to consider the
violations occurring on the property. As we discussed 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 derelict vehicles,air conditioners,wood,metal,plastic,building
materials and miscellaneous debris.
31.3.6"Mobile Home subject to the additional requirements of Section 43,Mobile Homes;Accessory Dwelling
Units."
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."
For your convenience, I have added the appropriate definitions:
DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power); or is partially or totally
dismantled;or has all or portions of its body work missing or is substantially damaged;or is not registered with the
State of Colorado, as required by Section 42-3-103, CRS, or by Sections 42-3-138 or 42-12-102, CRS, and/or the
number plate assigned to it is not permanently attached to the vehicle,as required by Section 42-3-123,CRS;or is
lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or
otherwise not equipped with lamps and other equipment as required in Sections 42-4-202 to 42-2-227,CRS. This
definition shall not include;implements of husbandry,farm tractors,or vehicles customarily operated in a FARMING
operation.
SCREEN ED: Construction and maintenance of fences,earth berms or the USE of LANDSCAPING materials or other
materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual
impacts of a USE on surrounding USES.
NONCOMMERCIAL JUNKYARD:An area where any waste,junk, or used or second hand materials are stored 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 include the storage or keeping of derelict vehicles. The Noncommercial
Junkyard shall be totally enclosed within a building or structure or visually screened from all adjacent properties and
public rights-of-way.
JUNK:Scrap brass,iron,lead,tin,zinc;all other scrap metals and alloys;bones;rags;used cloth,rope,rubber,tinfoil,
bottles,old or used machinery of any type; used tools,used appliances; used lumber or crates; building materials;
fabrication of any material;used pipe or pipe fittings;used conduit or conduit fittings;used automobile parts;derelict
vehicles;used tires and other manufactured goods that are so worn,deteriorated,or obsolete as to make them unusable
in their existing condition.
•
To bring the property into compliance the following option(s) are available:
The"Noncommercial Junkyard"can either be screened from adjacent property owners and public rights-of-way,
removed,or a"Use by Special Review"application can be submitted for a"Junkyard/Salvage Yard". Due to the
price of the"USR",Mickey Carlson indicated that you would either remove or screen it.
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,
fiL9`4'tfjUy \peraiN_
Bethany Salzman
Zoning Compliance Officer
pc: VI-0000194
Julie Chester, Lead Planner
Bruce Barker, County Attorney
Z 130 055 466
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do o not use for International Mail(See reverse)
Sent to
MR. RICHARD CARLSON SERVICE,TEAMWORK,INTEGRITY,QUALITY
Street&Number
PO BOX 5e64? f")
Post Office,State,&ZIP Code
HUDSON, CO 80642 a SENDER: I also wish to receive the
a •Complete items 1 and/or 2 for additional services following services(for an
Postage $ to •Complete items 3,4a,and 4b.
ar ■Print your name and address on the reverse of this form so that we can return this extra fee):
i card to you. u
Certified Fee > ■Attach this form to the front of the mailpiece,or on the back if space does not 1.0 Addressee's Address P-
•Write io at'Return Receipt Requested"on the mailpiece below the article number. 2.❑ Restricted Delivery at
Special Delivery Fee L •The Return Receipt will show to whom the article was delivered and the date
delivered. Consult postmaster for fee. o,
Restricted Delivery Fee o 3.Article Addressed to: 4a.Article Number
re
Lc)
Return Receipt Showing to m Z 130 055 466
Whom&Date Delivered
a ReWmReceiptShowngtoWttom, a MR. RICHARD CARLS0N 4b. Service Type
Date,&Addressee's Address a PO BOX 597 O Registered In Certified pI
O TOTAL Postage&Fees $ HUDSON, CO 80642 0 Express Mail O Insured Le
Postmark or Date I O Return Receipt for Merchandise ❑ COD
E 7.Date of Delivery o
a 5. Received By: (Print Name) 8.Addressee's Address(Only if requested
and fee is paid) a
6.Sign Asidre
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2 PS Itrm 3811,December 1994 102595-98-0-0229 Domestic Return Receipt
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
W
H($4
D E-mail Address: bsalzman@co.weld.co.us
C 1555 N. 17th Avenue, Greeley, CO 80631
O Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
WELD COUNTY •
ZONING VIOLATION NOTICE
August 16, 2000
Mr. Richard Carlson
PO Box 597
Hudson, CO 80642
Subject: VI-0000194 Part of the W2NE4 of Section 15, Ti N, R65W of the 6th P.M., Weld County, Colorado
Dear Mr. Carlson:
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 "NoncommercialJunkyard"consistingofderelictvehicles,air conditioners,wood,metal,plastic,building materials,
and miscellaneous debris.
31.3.6 "Mobile Home subject to the additional requirements of Section 43,Mobile Homes;Accessory Dwelling Units."
31.4.18"Any use permitted as a Use by Right,an Accessory Use,ora 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 elan
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:
If your intent is to keep the derelict vehicles on your property,a Use by Special Review, U5R,will be required. A USR is
also needed to permit the commercial construction equipment (cement mixers, semi beds, ect...) to be parked on your
property. Please come to our office and speak to the"Planner On-Call"Monday-Thursday 7:30 a.m.to 4:00 p.m. or on
Friday from 12:00 p.m.to 4:00 p.m. Please bring this letter so that the planner can help you more precisely.
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 , August 16,
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,
!--4.-4-h8ii 'NT
Bethany SalznI
Zoning Compliance Officer
pc: VI-0000194
Julie Chester
SERVICE,TEAMWORK,INTEGRITY,QUALITY
41117:
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
WI
C. Fax: (970) 304-6498
COLORADO
June 21, 2000
Mr. Richard Carlson
PO BOX 597
Hudson, CO 80642 -
Subject: VI-0000194, Part of the W2NE4 of Section 15, Ti N, R65W of the 6th P.M., Weld County, Colorado
Dear Mr. Carlson:
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 "Noncommercial Junkyard" consisting of 50+ derelict vehicles, wood, metal, plastic, building
materials, air conditioners, construction equipment(cement mixers, semi beds, ect...), and other various debris.
According to my records, there are also unpermitted mobile homes.
Please call 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.
Sincerely,
}} Lf A is ,
Bethany Salzman
Zoning Compliance Office
pc: VI-0000194
Julie Chester, Lead Planner
Bruce Barker, County Attorney
•
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DEPARTMENT OF PLANNING SERVICES
COMPLAINT REPORT
i COLORADO ,
,00
ZONING COMPLAINT Complaint Initiated by Y\► O r
❑ BUILDING CODE COMPLAINT r� ❑ Staff Citizen g(Other
Legal Description: LCD L 4 c 3`` 1 n E :1. t'1�6 Parcel# `7 j•1 .()•C >
Violation Address: c -1` k)( ItC
Property Owners Name: :. . 'St, + �� y�42� �� 1�C" \(� ,'1 Phone # if f.511. aoZ5
Property Owners Address: Tyr` 11 i J1 ( i-t )( •` 5fl . tE: Ct 'a
Tenant's Name: Phone#
Tenant's Address:
NATURE OF COMPLAINT:
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Building Code Complaint Referred To: Date:
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ACTION OF INVESTIGATOR Date of inspection:
Inspection of the property indicates:
o No violation of the Weld County 0 Zoning Ordinance/ 0 Building Code Ordinance
o Violation of the following sections of the Zoning Ordinance
O Violation of the following sections of the Building Code Ordinance
*M**M*************M**Y*Y*********Y**************************:******************************
ACTION ON COMPLAINT
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Recorded at_ I2673690 02/17/1999 IIIIII III IIIIII IIIII IIII Ilia IIIII III INV IIII ill
to 90 teceptionNo. 1 of 1 R 6.00 D 0.00 JR Sukl 7suk.37P W Id amoto Recorder.
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QUIT CLAIM DEED
THIS DEED, Made this 2nd t
day of August , 19 90,
between Bonnalee J. Kindsvater b
m Q
4
4y r- I-
of the *County of Adams F: 8q
and State of a V O
Colorado,grantor, and Richard D. Carlson and 3
Michaeleen F. Carlson m O
en
whose legal address is 14020 Country Hills Drive,
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Brighton, CO 80601
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of the County of Adams and State of Colorado, grantees,
WITNESSETH,That the grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable considerationttidsbasetfi cii
the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold,conveyed and QUIT CLAIMED,and by these i'
• presents does remise, release, sell, convey and QUIT CLAIM unto the grantees, their heirs, successors and assigns forever, not in
tenancy in common,but in joint tenancy,all the right,title,interest,claim and demand which the grantor has in and to the real property,
• together with improvements, if any, situate, lying and being in the
of Weld County
and State of Colorado,described as follows:
The W1/2 of the NE1/4 and all that adjoining part of the W1/2 of the SE1/4 which '
lies below or North of the Xeres Canal of Section 15, Township 1N, Range 65W of
,J the 6th P.M. , EXCEPTING THEREFROM: That part of the NE1/4 of said Section,
follows: Beginning nship 1N, Range 65W the
at the NW corner of, l County,
of,said Colorado
Setion described
15; thence East ,i!along the North line of said NE1/4, Section 15, a distance of 451.0 feet to the
true point of beginning; thence South at right angles a distance of 630.0 feet;
thence East 363.0 feet; thence North 63
0.0 fee
t to the North line of said are/o,
,
thence West 363.0 feet to the true point of beginning. T h w share of
the capital stock of Burlington Ditch Reservoir
andLandCo. , andtogetherwith
.8 share of the capital stock of Hudson Ditch and Reservoir Co.
iI No documentary fee is required since this Deed is exempt from payment thereof.
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also known by street and number as: 21450 Weld County Road #10, Hudson, Colorado, 80642.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor,either in law or equity,to the
only proper use,benefit and behoof of the grantees,their heirs and assigns forever.The singular number shall include the plural, the
plural-the singular, and the use of any gender shall-tie applicable to allgenders.
IN WrOESS WIIEREO-;,The grantor has executed this deed on the date set forth above.
/, . (;
4 09:v.�'7 LSO./ ` '/,if/./%!e 1
Bonnalee J. Kitd eater
STATE OF COLORADO,
ss.
County of L.(121'/:'1/1%,12.
. }
The foregoing instrument was acknowledged before me this -< day of 11%(, 19 70
by Bonnalee J. Kindsvater. I
My commission expires if:'": , 19 9C1. Witness my hand and official seal.
e.
Y - / Notary Public /
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V 6: L..iv {)
*If in Denvercirts�n"fifty and."
No.962. Rev.5-84. QUIT CLAIM DEED(to Join Tannntt)
Bradford Publishing,1743 Wane Si.Denver.co 80202—(303)292-2510-3.89
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