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HomeMy WebLinkAbout940347.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JOHN C. AND GWENDOLYN S. NOLAND 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, John C. and Gwendolyn S. Noland, VI #2021, are alledgedly in violation of the Weld County Zoning Ordinance, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 12th day of April, 1994, a public hearing was held before the Board of County Commissioners for the purpose of hearing any testimony relating to said violation, and WHEREAS, John C. Noland was present at said hearing, and WHEREAS, the Board of County Commissioners delayed referral of said violation to the Weld County Attorney's Office until September 1, 1994, to allow adequate time for the property owner to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff, and WHEREAS, the Board deems it advisable to proceed with legal action against the above named individuals without further Board action if the subject property is not brought into compliance by September 1, 1994. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on September 1, 1994, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against John C. and Gwendolyn S. Noland 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. PL0824 940347 22 /;.z '/ // / VIOLATIONS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of April, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: Ltilkiset WELD COUNTY, COLORADO Weld County Clerk to the Board //L f( d t1/Y4 �n ^ . H. Webster, Chat man ��(j/] BY: C ?ltt & k �n� I Xtt__ Deputy erk to the Board Dale K. a 1, Pr(- em / APPR AS TO FORM: . - ` /1.Y e ge Baxter County Attorney Co tance L. Harbert arbaraJ. Kirkme er 940347 DATE: March 8, 1994 VIOLATION NUMBER: VI-2021 NAME: John C. and Gwendolyn S. Noland ADDRESS: P.O. Box 955 Brighton, CO 80601 LEGAL DESCRIPTION: N2 SE4 of Section 19, T1N, R66W of the 6th P.M. , Weld County, Colorado. CASE SUMMARY December 14, 1993 Five-day compliance encouragement letter issued. January 3, 1994 Property inspected. Property still in violation. January 18, 1994 Violation letter issued. February 4, 1994 Site Plan Review procedural guide mailed to Mr. Noland. February 24, 1994 Property inspected. Property still in violation. February 25, 1994 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The outside storage and grazing and confinement of animals is a violation of Section(s) 34.4.2 and 34.4.5 of the Weld County Zoning Ordinance. To correct the violation a Site Plan Review must be approved for the storage of material and the animal grazing and confinement must be removed from the property. The Department of Planning Services recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any person claiming an interest in the properties, and any persons acting in active concert with the identified parties. 940347 INSPECTION REPORT NAME: John and Gwendolyn Noland LEGAL DESCRIPTION OF PROPERTY: N2 SE4 of Section 19, T1N, R66W of the 6th P.M. , Weld County, Colorado. DATE: February 24, 1994 CASE NUMBER: VI-2021 There is still outside storage without a Site Plan Review and the confinement and grazing of three horses. Two pictures taken. Barry Krame Building Inspection Technician 940347 INTERNAL CASE MEMORANDUM TO: Case File FROM: Keith A. Schuett NAME: John C. and Gwendolyn S. Noland LEGAL DESCRIPTION OF PROPERTY: N2 SE4 of Section 19, T1N, R66W of the 6th P.M. , Weld County, Colorado. DATE: February 4, 1994 CASE NUMBER: VI-2021 A Site Plan Review procedural guide was mailed to Mr. Noland at P.O. Box 955, Brighton, CO, on February 4, 1994 940347 ift: DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES zi i 1400 N. 17TH AVENUE GREELEY, COLORADO A80631 VENUE COLORADO WELD COUNTY ZONING VIOLATION NOTICE Date: January 18, 1994 Violation Number: VI-2021 Name: John C. and Gwendolyn S. Noland Address: 2374 W. 118th Avenue Denver, CO 80234 Legal Description: The N2 SE4 of Section 19, T1N, R66W of the 6th P.M. , Weld County, Colorado. The uses on the above described property are being considered as zoning violations of Section 31.3 of the Weld County Zoning Ordinance. The present uses of your property (outside storage of miscellaneous iron material without a Site Plan Review - animal grazing and confinement) are uses not allowed by right in the I-3 (Industrial) zone district of Weld County. 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 until February 18, 1994, to correct this zoning violation. Failure to do so will result in this office referring 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 be of any assistance in clarifying or answering questions concerning this matter. Please call or write the Department of Planning Services' office. Len cnee,r-- • A. Schue t, Current Planner C 93-155 'l I ' 1 �' 7 q6 ()/ *4' r71� �p�, f� 4ii 940347 INSPECTION REPORT NAME: John C. and Gwendolyn S. Noland LEGAL DESCRIPTION OF PROPERTY: N2 SE4 of Section 19, T1N, R66W of the 6th P.M. , Weld County, Colorado. DATE: January 3, 1994 CASE NUMBER: C-93-155 X7379 23741 W. 118th Avenue, Denver, CO 80234. The property was reinspected to determine if the storage of material without a Site Plan Review and maintaining animal units is being conducted on the property. The property is zoned I-3 (Industrial) . There is still outside storage without a Site Plan Review. Also, three horses were observed on the property. One picture taken. Kei h ��II Schuett Current Planner 940347 DEPARTMENT OF PLANNING SERVICES PHONE (303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES gig O 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO December 14, 1993 John C. and Gwendolyn S . Noland 2374 W. 118th Avenue Denver, CO 80234 Subject: C-93-155, Property located on part of the N2 SE4 of Section 19, T1N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Noland: 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 storage of materials without a Site Plan Review and maintaining animals (horses) are uses not allowed by right in the I-3 (Industrial) zone district. Please call me within five working days of the date of this letter to review the concern with me. Sincerely, u�Planner KAS/sfr 940347 DATE: April 12, 1994 VIOLATION NUMBER: VI-2021 NAME: John C. and Gwendolyn S. Noland ADDRESS: P.O. Box 955 Brighton, CO 80601 LEGAL DESCRIPTION: N2 SE4 of Section 19, T1N, R66W of the 6th P.M. , Weld County, Colorado. CASE SUMMARY December 14, 1993 Five-day compliance encouragement letter issued. January 3, 1994 Property inspected. Property still in violation. January 18, 1994 Violation letter issued. February 24, 1994 Property inspected. Property still in violation. April 5, 1994 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The outside storage and grazing and confinement of animals is a violation of Section(s) 34.4.2 and 34.4. 5 of the Weld County Zoning Ordinance. To correct the violation a Site Plan Review must be approved or the storage of materials and animal confinement must be removed from the property. The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any person claiming an interest in the properties, and any persons acting in active concert with the identified parties. 940347 INSPECTION REPORT NAME: John and Gwendolyn Noland LEGAL DESCRIPTION OF PROPERTY: N2 SE4 of Section 19, T1N, R66W of the 6th P.M. , Weld County, Colorado. DATE: February 24, 1994 CASE NUMBER: VI-2021 There is still outside storage without a Site Plan Review and the confinement and grazing of three horses. Two pictures taken. rat Barry Krame( Building Inspection Technician 940347 INTERNAL CASE MEMORANDUM TO: Case File FROM: Keith A. Schuett NAME: John C. and Gwendolyn S. Noland LEGAL DESCRIPTION OF PROPERTY: N2 SE4 of Section 19, TIN, R66W of the 6th P.M. , Weld County, Colorado. DATE: February 4, 1994 CASE NUMBER: VI-2021 A Site Plan Review procedural guide was mailed to Mr. Noland at P.O. Box 955, Brighton, CO, on February 4, 1994 • 94,0317 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 11119 �• 1400 N.17TH AVENUE GREELEY, COLORADO 80631 COLORADO WELD COUNTY ZONING VIOLATION NOTICE Date: January 18, 1994 Violation Number: VI-2021 Name: John C. and Gwendolyn S. Noland Address: 2374 W. 118th Avenue Denver, CO 80234 Legal Description: The N2 SE4 of Section 19, T1N, R66W of the 6th P.M. , Weld County, Colorado. The uses on the above described property are being considered as zoning violations of Section 31.3 of the Weld County Zoning Ordinance. The present uses of your property (outside storage of miscellaneous iron material without a Site Plan Review - animal grazing and confinement) are uses not allowed by right in the I-3 (Industrial) zone district of Weld County. 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 until February 18, 1994, to correct this zoning violation. Failure to do so will result in this office referring 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 be of any assistance in clarifying or answering questions concerning this matter. Please call or write the Department of Planning Services' office. A. Schue t, Current Planner C 93-155 I�ni6h GirS� Db0' I/f/ll*41 PO , A I etzot 340347 INSPECTION REPORT NAME: John C. and Gwendolyn S. Noland LEGAL DESCRIPTION OF PROPERTY: N2 SE4 of Section 19, T1N, R66W of the 6th P.M. , Weld County, Colorado. DATE: January 3, 1994 CASE NUMBER: C-93-155 is lei 23741 W. 118th Avenue, Denver, CO 80234. The property was reinspected to determine if the storage of material without a Site Plan Review and maintaining animal units is being conducted on the property. The property is zoned I-3 (Industrial) . There is still outside storage without a Site Plan Review. Also, three horses were observed on the property. One picture taken. Kei h 1 Schuett Current Planner 940347 (; ;ei;ekE:I:;;;;%%%\ . DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140�• ON ORA O8 UE 631 GREELEY, COLORADO 80631 COLORADO December 14, 1993 John C. and Gwendolyn S. Noland 2374 W. 118th Avenue Denver, CO 80234 Subject: C-93-155, Property located on part of the N2 SE4 of Section 19, TIN, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Noland: 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 storage of materials without a Site Plan Review and maintaining animals (horses) are uses not allowed by right in the I-3 (Industrial) zone district. Please call me within five working days of the date of this letter to review the concern with me. Sincerely, urrent Planner KAS/sfr 940347 Hello