HomeMy WebLinkAbout20002441 RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST DENNIS STITT 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, Dennis Stitt, VI #0000181, 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 10th day of October 2000, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Dennis Stitt, 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 November 9, 2000, to allow adequate time for assistance w.th
clearing debris and addressing violations 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 Dennis Stitt 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 November 9, 2000, to allow
adequate time for the property owner to bring the subject property into compliance.
2000-2441
PL0824
co Az, 21/'.22 O4
VIOLATIONS -VI #0000181 - DENNIS STITT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of October, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
gull W LD COUNTY. COLORADO
11 Z
ATTEST: // - (split_ ' f7U-f-6C°— ----
arbara J. kmeye , Chair /
1.161 `�N,;1r�
Weld County Clerk to the ar' ( �1p4IV ;7
BY _Sta Yij7 s �M. •J. G le, Pro-Tem 7 Deputy Clerk to the Board ,_ I 7A �1'r- _
Gorge . Bjaxxtteerr/- /��
APIPROVED AS TO, R�M , �1_-f ��r�_P 7�f ---
z_ , // Dale K. Hall
�unty Attdolnley d. it i // „>, ---
Glenn Vaad ..
2000-2441
PL0824
DATE: September 28, 2000
VIOLATION NUMBER: VI-0000181
NAME: Mr. ber_nis Stitt
ADDRESS : 4490 Yosemite Drive - Hi71-N-Park
ZONE DISTRICT: R- 5
LEGAL DESCRZPTTON: Lot 6, B1k 4 , Hill-N-Park, 2'd Filing, Weld County, 2olorai'
PARCEL NUMBER: 0959-26 1-23-006
CASE SUMMARY
May 22, 2000 Property inspected.
May 23 , 2000 Five day compliance encouragement letter Issued .
September 6, 2000 violation letter issued.
September 22, 2000 Property inspectec . Property still in vic1a_e c.n .
September 27, 2000 Letter sent to property owner indicating that tte
violation case was scheduled before the Board of lcuLt
Commissioners.
The is a violation of Sect ior_(s) 32 . 6 .2 , 32 .6 . 3 , -
.6. 3 .1 of the Weld Bo - c
Zoning Ordinance. To bring the property inc complian-:e the property owrei sht. ]
inure that the derelict vehicles are in running c.)ndition and have :olrott
license plates or remove the "Noncommercial Junkyard" consisting of i_rd t
vehicles, wood, tires. and miscellaneous automotive parts from the property.
The Department of Planning also recommend.e that the County Attorney author,.:e
legal action against any other persons occupying the properties, acy pores
Is
claiming an interest it the properties, and any perso is acting in active cdnce"-
with the identified parties .
2000-2441
7.------ (ii4e----)
$ v IIIII DEPARTMENT OF PLANNIN., SERVICI S
Cole Complian e Dlvi n
Illig C 1555 N. 17th ,\ver ue Creole' ( ) 19:
Phone. 97013r 3 hl0t) 3,t. .1 f1
COLORADO l -t) -6 8
INSPECTION REPORT
NAME: Mr. & Mrs. Dennis Stitt
LEGAL DESCRIPTION OF PROPERTY_ Lot 6, Blk 4, H:II-N-Park, 2nd Filing, Weld County, Colo ado
DATE: October 9, 2000
CASE NUMBER: VI-0000181
Upon a visual inspection of the property a "Noncommercial Junkyard" was still present, consisting of time
following items:
'I Derelict Vehicle
'I Derelict truck bed/camper trailer
Miscellaneous debris consisting of tarps, paper, wood, and automotive parts
Por more information, please see video taken on October 9. 2000.
/)
r
B tiany Salzman-
__.:
Zoningg Compliance Officer
ac: VI-0000181
Julie Chester
SEHV'CE, TEAP4WORE, INTE';nrTY. QOALl" I
1\91(
DEPARTMENT OF PLANNING SERVE ES
Code Compharc Dlvi ttri
Wit D c y WW.CC W I D.CC
E-mail Address: bsalzman(vscc r eld.t u:
• 1555 N. 17th Avenue, Greeley O 8i1,4
COLORADO 1555
97O 353
as `97U; 304 y(.
September 27, 2000
Mr. Dennis.Stitt
4490 Yosemite Drive
Hill-N-Park
Greeley, CC) 80634
Subject: VI-0000181', Lot 6, BIk 4, Hill-\-Park, _°` Filing, Wei,d County, Colorado
Dear Mr. Stitt:
The property referenced above remains in violation of the Weld County 2 oning Ordinance. Have tubed 1kid
a meeting with the Board of County Commissioners on October 10, 2000, at 10:00 a.m., to con; der Fie
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:
32.6.2"Uses allowed by Right in the R-5 District."
32.6.3 "Accessory Uses in the R-5 District."
32.6.3.1 "Uses listed as accessory uses in the R-I District."
There is also a"Noncommercial Junkyard"consisting of Derelict Vehicles,appliances,wood,and miscellaneous debris.
A"Noncommercial Junkyard"is not allowed in the R-5(Residential) District based on the Uses listed above.
To bring the property into compliance the following option(s) are available:
The"Noncommercial junkyard" shall he removed from the property.
Definations:
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power) 01 is pail din. or totally
dismantled; or has all or portions of Sts body work missing or i.substantially danaged; or is not registetec win Ins
State of Colorado, as requ red by Section 42-3-103, CRS, or by Sections 42-3-'38 or 42-12-102, CRS and,o' trr
tumbe'plate:assigned :o I. is not oerrnanendy attached to the venicle, as required by Sect on 42-3-12 t R: .t
asking proper equipment to the ex ein tnat it would be unsafe or illegal to LSE on public road rign s a m,c
otherwise nut equipped w th lamps and otner equipment as -equired in Senior... 42-4-202 to 42-2-227 CRS t
ts
deli nition shall not include; implements of husbandry,farm tractors. or vehicles i astomarill operated in a FARM INC,
operation-
This meeting will take place in the County Commissioners' Hearing Room. First Floor, Weld Counts.Centennial
Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attenca ice
to answer any questions the Board of County Commissioners might have about the violations.
The Department of Planning Services' staff will be recommending that the Board of County Comnat.siolu
authorize the County Attorney to proceed with legal action 'o remedy the violation. Our records inoicate that
yoL were made aware of the nature of the violation, the action necessary o correct the violation, arid mat yr rt_:
were given sufficient time to remedy the violation. If you have any questiols concerning this matter, please c.il1
me.
Sincerely,
•
Bethany Salzman
Zoning Compliance Officer
pc: V1-0000181
Julie Chester, Lead Planne-
Bruce Barker, County Attorney
Z. 130 055 462
US Postal Service
Receipt for Certified Mail
No insurance Coverage Provided.
Do not use for International Mail(See reverse)
1 Sent to
MR. DENNIS STITT ;F;It`/:CC,TEAMWORK,INTEGRITY.QIfAI.I'Y
Street&Number
4490 YOSEMITE DRIVE
Post Office,Salle.&ZIP Code
GREELEY, CO 80634
1 Postage
i Certified Fee
Soecrai Delivery Fee
I Restncled Delivery Fee
Return Receipt Showing tc
Whom t.Date Delivered
c?Return Receipt Showing to Whom
I Date.&Addressee's Mdress
CS
Cr I TOTAL Postage&Fees
t?,!Postmark Of Dale
Vi
c9
Cl.:
DEPARTMENT OF PLANNING SERVICES
Code Compliance C ivisien
Website: WWW.CO.WELD.CO S
E-mail Address: bsalzman@co.weld.cc is
1555 N. 17th C Avenue, Greeley, CO Boo ' I
Phone: (970)353-610O Ext35-10 1-,ix (970 .04-6tc 8
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
September 6, 2000
Mr. Dennis Stitt
4490 Yosemite Dr.
Hill-N-Park
l l-N-Park
Greeley, CO 8063z
Subject: VI-0000181 Lot 6, Blk 4, Hill-N-Park, 21 Filing, Weld Count., Colorado
Dear Mr. Stitt:
The uses on the above described property are being considered as a zoning code violation of Sections of the Wr-'Id
County Zoning Ordinance. Currently your property is in violation of the following Section(s)of the Weic County
Zoning Ordinance:
31.3.9 "Noncommercial Jun<yard" con:;isting of nerelid vehicles tires, wood,arse miscellaneous car part=.
To bring your property into compliance with the Weld County Zoning Ordinance:
The"Noncommercial Junkyard" must be removed or screened frorr all adjacent pros ocy owners and public nights-o;-ssa'
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, ye
have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from , September
6, 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 mater will be helpful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact meat the above address,
telephone number or e-mail address. If you wish to see me personally, please call to schedule an appomtn e st
so that I may reserve a sufficient amount of time with you.
Sinperely,
'11itn, y'I
Bethany Salzman
Zoning Compliance Officer
pc: VI-0000181
Julie Chester
scnv ICE,TcAM W ORIC,INTEGRITY,QUALITY
(ft \ ' DEPARTMENT OF PLANNING SERVICES
Code Compliance Divisi
1555 N. 17th Avenue, Greeley (.O 80r 31
Phone: (570) 353-6100, Ext. 3 +0
Fax: '97Ot04-6.x )8
111 D
COLORADO
May 23, 2000
Mr. Dennis Stitt
4490 Yosemite Dr
Greeley. CO 80634
Subject: VI-0000181, Lot 6, Blk 4, Hill-N-Park, 2nd Filing, Weld County, Colorado
Dear Mr. Stitt:
It has come to the attention of the Department of Planning Services' staff that the uses on your property may not
he in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the Zorurrg
Ordinance is a Noncommercial Junkyard consisting of numerous tires, wood, and miscellaneous car parts As
we discussed yesterday during my site inspection, please keep in touch with me. Also, when I was leay.ng I
heard a number of dogs. How many animals do you have on your property? Please call me with that number
as soon as you receive this letter, so that if the number does exceed, we can correct the problem before somec ne
reports another violation.
'lease call me within five working days of the date of this letter to review these concerns with me or a thirtt—nay
violation notice will be issued.
Sincerely,
S
Zoning Compliance Office
pc: VI-
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SERVrce,TEAMWORK.INr::GRITY,QUALITY
ir ■ Parcel Table Maintenance
'r : '
_a1,-,3• , _ X660526 '"
.6- 1 3} ; S -I, rte} ft Jtllf�+ -
F"T" ' x _
iisil;:„,,,,J:iiiikliclip.iiii
aZ s^ 'Rai 2 �+ +,. :rF iJe lP i e x
000- 000 :
,. • 1 . ; I ; �1 :*:.!4.11:
i.
4490 YOSEMITE DR HILL N PAR I j- � 'r j3
A � .T
--oil
i. "ltr.iiiiiH,----;S:cITT±DENN-:IIS'7::
C & GROSS MARIA 2VJHP4-E IMPS ONLY A1H LE BLK 4 WEST HILL N Fs
i-:!,-,3:
F .
xz Va 4490 YOSEMITE DR = 85 IDFL2AFO21308325&IDFL2BFO213O8325 LAND t,.
�d•'t 5' 1GREELEY CO } STIT
T DENNIS I-&GROSS MARLA 'Fr ;
A�ldre i •=1 � - P=
60634
r ; ,' y s-- , a 1-. 0608 -, ,----2----::,:— �T --�:` ?t:'.
a
Assessors Conversion �1 . s ecrrvE yt , �'
- ,z
w Base Information '`'--E
frail' - rr '�4
1."t ' -'�. 6yLyyP ` v� .-'; t t 1 ''' `. 1k rs» F e -ass , 'R" {-`-•.
`k 33F 3t"S k u.lt 73" A e ma x.`' .,$� ;mr,
,,�▪ cotttaui 1T ,kt BJS ni '9 'i
M1 nX ..4J AIL ,rT ' Ili
. _-I-. T ms_ ---. - ' d'nf ;'. . .:
�Iu• rE n 4490 Yosemite Dr RdI-N-Park . ' 2'
d r-
- t.1�.<,r _,-.,F+ t R5 .y... -ter.;_ - �up ..�z,.�.= _ -Wait 1 �, 4: �Y -,�Tr .
. j �- � VI,.2 : .max a ,y,-art ?.b t ,« : ..
s
iii :7111 , 05/23/20001 .LuE`' BJS '� 0 / /
-_" k t 0505/23/2000 L BJS
t� 05/22/2000 BJScti .a
-22-"' y4,
„ n -. -,/ / „, / / � -�
L DEPARTMENT OF PLANNING SERVICE-
4116,4 COMPLAINT REPOR`
,iiiimi
o ,
..
1 COLORADO; A`S•t
K ZONING COMPLAINT Complaint Initiated by
❑ BUILDING CODE COMPLAINT Staff ,(,Citizen L' Other
Legal Description: e- i..t, k'hiit-ice- c,24,-4 t_,fl Parcel#oq`C- ZLe . .i 3• L?f7u_
Violation Address: *AcO)��IC s-c tjtt-. t�U -1�.:�- r,`£
V1iid. � --� la Phone 4
Property Owners Name: ���� _ — --- - --- - -
Property Owners Address: it , Ac asx\:4 iC 4k t. I. •fu&.-
Tenant's Name: ------- —_ _—T Phone # -"_-`_
Tenant's Address: "----- _-------
NATURE OF COMPLAINT:
lie2.* , t+L >ocI. c'Air 0 1 CHIC ---
Zoning Complaint Referred To: ^� Date: J" 3��—_.. .
Building C:ode Complaint Referred Tc: _ _— — Date:_-- --- _
ACTION OF INVESTIGATOR Date of inspection:
Inspection of the property indicates:
o No violation of the Weld County c 2:oning Ordinance/ 0 Building Code Ordinance
❑Violation of the following sections or the Zoning Ordinance
o Violation of the following sections o=the Building Code Ordinance _
..,..*.x...***....x..**.**,c**.*..**-..tie:.*.****.M********r*.4...**********.***.s...*......
ACTION ON COMPLAINT
❑ No Action Taken/No Violation 0 Violation File Started
Date: Date: —.._
nd l 2544698 8-1602 P-7O8 04/25/1997 1O:OIA PG 1 OF 1 REC DOG 01
Aeeeptle t.
Weld County CO JA Suki Tsukamoto Clerk & Recorder 6.00
QUIT CLAIM DEED IMXPIEt'S MAW
Till DUD , Mode this Oft efAPRII,17 h, 1997 •
between
DENNIS C. STITT AND MARIA J. GROSS
W the Canty of Ai
1�'�WELD and Brett ed
Coloreds, .4 th lint pert, and --
DENNIS C. STITT AND MARLA J. STITT
wham legal entrees la 4490 YOSEMITE DRIVE, CREELEY, COLORADO 80634
sf the ratty of WELD inl ttato of 0tlelyde, of the sward parts
WITIIUttnl. That the said party of as first pen, for and to ewWtMrtlon ef the ewe of
TEN DOLLARS AND OTHER GOOD CONSIDERATION
to the sill grates) of the first part 1n hnd paid by the said WHIM) of the steerd port, the rtoeipt tlwaaf I. berir
by cmfamad and adenaladeed, Me rafted, released, sold tereeyed IS aiii hill®, Ord by Sm rearm delee) roam,
relent, sell, soma and mitt MANI oat the said pert(inl of the aeon pen, ltheir) helm, ettetnwre end stairs,
fanner. ell the right, title, intermit, Male and dalnitt AIM It said pent..) of the first part hate) In to
ftllestra trecrlbed tat er pant of lad eaten. lvirs end loins In the Canty of
and nits of Colorado. to wit y,')
LOT 6, BLOCK 4, WEST 1111.1 -N-PARK SECOND FILING, COUNTY OF WELD,
STATE OF COLORADO.
also kronen se street end rrabtr 4490 YOSEMITE DRIVE, GREELEY, COLORADO 80634
70 ilAW ADD to moue the sm. topther with ill and showier
r4wl apattranoes
el slain tairflows
o belonttrs or
In or
teafirthport, IMI' in la ty the the on add, ,
of the first p.re. N r 1n bah or • the only proper ur, beetMlt and bebaN of the mild wain) of the sand
pert, Main heirs ad stairs fare.
IM Man(tarp, The said partite') of the first port hers) hornets eat their had e d eel the ley wed
air first above written.
plead, reeled end Delive d In no natant o1
DENNIS C. STI T /
/1
"// y.4 a � 0/1/104 _MYAL)
MARLA J. GR S
• Milt Of WELL) a_ttpt)
reedy of WEL
The faremlrr Instrer t wee aeknaledpd bare o this dW of AYRI1, 1 7, 1997
•
by DENNIS C. STITT AND MARLA J. GROSS
Ply eaeeinfen natal 3-30-98 tt .Winos end official Beal.
TAMMY AHLQUIS
MD ITLE ee ry nalto
reer
KW l a ee fo�o 10TARY PUBLIC TATL*SY 1ST
wet, wan Owe STATE OF COLpR,�p
My c'o athisbn Expires
innate alit CAIN Om
I
t !MS
►artwl <� I
l —D- CYnn- OO1 Ineic�1 S.
LAND muff yy90 YUsem;fie- 1 -
r� Oolcs� (i)re-t, C-u cs0(03c1
7
Inspection information Sheet
VIOLATION: VI-0000181 STATUS: ESSIlVD
DESCRIPTION: NCJY (tireswood,car parts) too many dogs???
Also, I closed VI-9900155 (Stitt, Dennis & Marla) on
041700. I drove by and from the front of his property none
of this is visible; however, from the adjacent property of
Ernest Cox (4810 Flaming Gorge Ct.) it is very visible.
Therefore, I re-opened the case.
BASE INFORMATION:
PARCEL NUMBER: 0959-26-3-23-0061 02
LEGAL DESCRIPTION: 2WHP4-6 IMPS ONLY MH La BLK 4 WEST HILL N PARK BRO
85-
IDFL2AF021308325 &1DFL2BF021308325 LAND STIT
T DENNIS C &
GROSS MARLA
OWNER: STITT DENNIS & MARLA
OCCUPANCY:
LOCATION: 4490 Yosemite Dr. - Hill-N-Park
APP TYPE: Vi CLASS CODE: VI-2 ZONING DIST: ;u i
INSPECTIONS:
Item: 00404 TELEPHONE CALL
05/30/2000 By: BJS Action: INFO Comments: Mr.
Stitt received his letter. He was calling to let me
know how many animals he has. [ read him the Zoning
Ordinance and informed him of the exact numbers 4 or
less of one species (dogs) and 7 or less of two or
more species (cats & dogs). He understood. Right now
this zoning violation does not include number of
animals. He again asked me to work with him because
of his disability.
09/11/2000 By: JIM Action: TEL Comments:
Received call from Dennis. He is not able to complete
all necessary items at this time. He will be having
back surgery within the next 2 weeks and then there
will be 3 months of recovery. He will try and get his
son to help him. He would like at least a 30 day
extension to get some of the items'.,eaned up.
Item: 00405 LETTER
05/23/2000 By: BJS Action: NO Comments: Sent
5 day letter.
09/06/2000 By: BJS Action: NO Comments:
Violation notice letter issued.
09/27/2000 By: BJS Action: NO Comments: Sent
certified notification of violation hearing date.
Item: 00400 SITE INSPECTION
05/22/2000 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
items were noted: l.) Numerous tires 2.) Wood
(possible fire hazard) 3.1 Car parts 4.) Check on
number of dogs. I will send out 5 day letter today.
09/22/2000 By: BJS Action: INSP Comments: Upon
a visual inspection of the property. the following
notations were made: derelict vehicles, wood, tires,
and miscellaneous automotive parts.
Item: 00406 OFFICE VISIT
77:41(
1119€.
COLORADO Data Sheet s
VIOLATION: VI-0000181 STATUS: COMPI.NT
DESCRIPTION: NCJY (tires,wood,ear parts) too many dogs?' ?
Also, I closed VI-9900155 (Stitt, Dennis & Marla) on
041700. 1 drove by and from the front of his property none
of this is visible; however, from the adjacent property of
Ernest Cox (4810 Flaming Gorge Ct.) it is very visible.
Therefore, I re-opened the case.
BASE INFORMATION:
PARCEL NUMBER: 0959-26-3-23-0061 02
LEGAL DESCRIPTION::
2 WHP4-6 IMPS ONLY MH L6 BLK 4 WEST HILL N PARK BRO
85- IDEL2AF021308325 &IDFL2BF021308325 LAND STIT
T DENNIS C & GROSS MARLA
PEOPLE: APPLICANT STITT DENNIS & MARLA 05/23/2000
4490 YOSEMITE DR
HILL-N-P ARK
GREELEY, CO 80634
COMPLAINT COX ERNEST 05/23/2000 Phone: 970-330-1068
4810 FLAMING GORGE
HILL-NI-PARK
GREELEY, CO 80634
Winter Months=Arizona
LOCATION: 4490 Yosemite Dr. - Hill-N-Park
APP TYPE: VI CLASS CODE: V[-2 ZONING DIST: AG
COMMENTS:
Septemher 30,21100
In Whom It May Concern:
Dennis Stitt is underthy can for chn,nic recurrent low bad pain secondary to a herniated dist in his h c--ir
Lack. Due to this condition, his activity is limited to no pushing pulling or lilting > 5 pounds. In addni,Lii. -us
Condition is exacerbated by prolonged sitting in one position
Sincerely,
Brian Johnson, AID
144 EXHIBIT
I t
Hello