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HomeMy WebLinkAbout20000319.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST GALEN AND NANCY RABEN 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, Galen and Nancy Raben, VI #9900378, are allegedly in violation of the Weld County Zoning Ordinance, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 8th day of February, 2000, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Galen and Nancy Raben, property owners, 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 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 March 9, 2000, to allow adequate time for the property owners to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said violation be, and hereby is, referred to the Weld County Attorney's Office for legal action against to remedy the violation of the Weld County 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 March 9, 2000, to allow adequate time for the property owners to bring the subject property into compliance. [e PLC CAS f 2000-0319 ,' PL0824 VIOLATIONS -VI #9900378 - GALEN AND NANCY RABEN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of February, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: L # qai 4 Barbara J. K. meyer, Chair Weld County Clerk t,he ' - '•��� �I °��, M. J. eil Pr Pro-Tern BY: ®:' �•�I putt' C -rk to the r-rd EXCUSED rge E. Baxter APPROVED AS TO FffRM: ale K. a -62/€ nfyy —�— EXCUSED Glenn Vaad 2000-0319 PL0824 Violation Number VI-9900378, Number of animal units permitted in R-1 District. Name: Galen F & Nancy Raben Address: 3915 B Street, Greeley, CO 80631 Legal Description: IKS-15, L15, Johnson Sub 1st Addition, Weld County, Colorado Parcel: 0959 02 101004 CASE SUMMARY: 12-22-99 Initial complaint came into office regarding chickens and rooster allowed in R-1 District. 12-27-99 Violation closed after referencing Zoning Ordinance. Number of animal units are in compliance. 01-13-00 Complaint came into office once again with same concerns, including more animal units. Violation case reopened. 01-13-00 5 day letter sent to Mr. & Mrs. Galen Raben. 01-17-00 Phone call from Mrs. Raben regarding letter sent. Explained process of 30 day letter and complying. Mrs. Raben requested to present case at BOCC for Feb. 8, 2000. 01-26-00 Sent certified 10 day letter to Mr. & Mrs. Galen Raben for BOCC hearing. 02-01-00 Received receipt of certified letter signed by Raben. (Handwriting not legible). • SERVICE,TEAMWORK,INTEGRITY,QUALITY 2000-0319 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 ' FAX (970) 304-6498 WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE O GREELEY, COLORADO 80631 COLORADO January 26, 2000 Mr. & Mrs. Galen Raben 3915 B Street Greeley, CO 80634 Subject: VI-9900378,IKS-15, L15 Johnson Sub 1st Addition, Weld County, Colorado. Dear Mr.& Mrs. Raben, The property referenced above ( 3915 B Street ) remains in violation of the Weld County Zoning Compliance Ordinance. I have scheduled a meeting with the Board of County Commissioners for February 8, 2000, at 10:00 a.m. to consider the violation occurring on the property. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violation. This would be a prime opportunity for you explain all issues regarding this violation. If you can contact me prior to the hearing and take care of this matter, we will not proceed with the hearing. If no contact is made, all plans will continue with the hearing. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation if you and/or a representative are not available. Our records indicate that you were made aware of the nature of the violation, the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please call me. Sirr ec rely, 77 )( Vickie Brown Zoning Compliance Officer " N ,tz„, E COLORADO Data Sheet s VIOLATION: V1-9900378 STATUS: ISSUED DESCRIPTION: # OF ANIMAL UNITS IN R-1 SUBDIVISION. BASE INFORMATION: PARCEL NUMBER: 0959-02-1-01-004 LEGAL DESCRIPTION: IJS-15 L15 JOHNSON SUB 1ST ADD %3915 B ST% 3915 B ST GREELEY PEOPLE: APPLICANT RABEN, GALEN F &NANCY L 12/27/1999 LOCATION: 3915 B ST GREELEY CO APP TYPE: VI CLASS CODE: VI-9 ZONING DIST: AG COMMENTS: VBROWN 12/27/1999 12/22/99, OWNERS HAVE CHICKENS AND ROOSTERS IN R-1 SUBDIVISION. I WILL SEND OUT A 5 DAY LETTER TODAY. 12/27/99 ACCORDING TO ZONING ORDINANCE, CHICKENS & ROOSTERS ARE ALLOWED. THERE IS NO VIOLATION. I WILL CLOSE VIOLATION FILE. 1/13/00 CALL CAME IN, APPARENTLY NOT MENTIONED BEFORE, RABENS HAVE 2 HORSES,NUMEROUS CHICKENS AND ROOSTERS. I AM REOPENING THIS VIOLATION. I WILL SEND A 5 DAY LETTER TODAY. 1/17/00 MRS RABEN CALLED TODAY IN REGARDS TO LETTER. I EXPLAINED THE NUMBER OF ANIMAL UNITS FOR THE R-1 DISTRICT. SHE SAID SHE HAS 2 HORSES AND ABOUT 6 CHICKENS. I DID LET HER KNOW THAT SHE NEEDS TO DECIDE HOW SHE WANTS TO BRING THIS INTO COMPLIANCE. I ALSO EXPLAINED ABOUT THE 30 DAY LETTER THAT I WILL SEND OUT TODAY. SHE PREFERS TO GO THE BOARD HEARING IN FEBRUARY. SHE IS REQUESTING TO BE SCHEDULED SO AS TO SPEAK TO THE BOARD OF COMMISSIONERS. I WILL SCHED. HER VIOLATION FOR FEB. BOCC HEARING. 1/26/00 SENT CERTIFIED 10 DAY LETTER TO MR & MRS GALEN RABEN. 2/1/00 RECEIVED RECEIPT OF CERTIFIED LETTER. DEPARTMENT OF PLANNING SERVICES Code Compliance Division ' 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 C. Fax: (970) 304-6498 COLORADO January 13, 2000 Mr & Mrs Galen Raben 3915 B Street Greeley, Co 80634 Subject: VI-9900378, IJS-15 L15 Johnson Sub 1st Addition, Weld County, Colorado Dear Mr & Mrs Raben, 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 animal units allowed in R-1 District. Please call me within five working days of the date of this letter to review these concerns with me. Sincerely, Vickie Brown Zoning Compliance Officer pc: VI-9900378 • SERVICE,TEAMWORK,INTEGRITY,QUALITY 6fist_ ' ♦' DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT 4 C9 l • )/ • COLORADO • Complaint initiated by: a BUILDING CODPLAINT a ZONING COM Staff ❑ Citizen ❑ Other s E COMPLAINT c � ,2�j ,�j LEGAL DESCRIPTION: / VIOLATION ADDRESS: ATTACH COPY F DEE7i C / Parae; ��9 �`�l� /,� ,2G?V Property Owner's Na e: " Property Owners Address: Tenants Name and Mailing Address: • NATURE OF COMPLAINT: ') • _ ' ,A Date: Zoning Complaint Referred To: � t i �'- L Date: Building Code Complaint Referred To: Date: Case Assigned To: —.—.—..._ Date of Inspection: ACTION OF INVESTIGATOR: Inspection of property indicates: • a No violation of the Weld County a Zoning / a Building Code Ordinance an Referred to: ❑ No violation of the Weld County 0 Zoning / a Building Code Ordinance ❑ Violations of the fellowine Sections of the Zoning a Building Code Ordinance ACTION ON COMPLAINT: a No Acton Taken/No Violation a Violation Pile Started - Cate Date CASE REVIEWED BY SUPERVISOR S'UPERVISOR'S COMMENTS NOTE_ Attach all oertinent!nformation and facts disclosed by investigation to this form. 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