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HomeMy WebLinkAbout940421.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST BRADLEY AND CAROLYN DER00 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, Bradley and Carolyn Deroo, VI 112049, 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 10th day of May, 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, Carolyn Deroo, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners delayed referral of said violation to the Weld County Attorney's Office for a period of thirty days 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 within thirty days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on June 10, 1994, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Bradley and Carolyn Deroo 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 � 940421 Pto SO)" "/? LLtr'6_. VIOLATIONS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of May, A.D. , 1994. lidifAILA BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO S�"" / //// ����"JJ Weld County Clerk to the Board ,�/�W ( idre l(/ �/J , �� H. Webs er, C airman BY: c_J{` 1e(ik Deputy alerk to the Board Dale Hall,Hall, 7 em APPROVED AS TO FORM: . ��`9. /Georgp/E. Baxter i EXCUSED Co y Attoriey Con tance L. Harbert - AXE Barbara J. Kirkme r 940421 DATE: May 10, 1994 VIOLATION NUMBER: VI-2049 NAME: Bradley and Carolyn Deroo ADDRESS: 9533 weld County Road 26 Fort Lupton, CO 80621 LEGAL DESCRIPTION: W2 SE4 of Section 34, T3N, R67W of the 6th P.M. , Weld County, Colorado. CASE SUMMARY January 14, 1994 Five-day compliance encouragement letter issued. March 17, 1993 Violation letter issued. April 21, 1994 Property inspected. Property still in violation. April 27, 1994 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The two single family residences on a single parcel of land is a violation of Section(a) 31.2 and 31.2.2 of the Weld County Zoning Ordinance. To correct the violation a zoning permit must be applied for and approved or the second residence 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. 940421 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3945, EXT. 3540 WELD COUNTY O ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO April 27, 1994 Bradley and Carolyn Deroo 9533 Weld County Road 26 Fort Lupton, CO 80621 Subject: VI-2049 Zoning Violation on a parcel of land described as W2 SE4 of Section 34, T3N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Deroo: The property referenced above remains in yi-clation of the Weld County Zoning Ordinance. I have scheduled a meeting with the Board of County Commissioners on Tuesday, May 10, 1994 at 10:00 F.M. to consider the Zoning Violation occurring on your property. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. :t is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violation. 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 reccres 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 ratter, please call me. Respectfully, /7 ,,•' 7r: Lc O:� `�i Barry Kramer Building Inspection Technician • 940421 INSPECTION REPORT NAME: Bradley and Carolyn Deroo LEGAL DESCRIPTION OF PROPERTY: W2 SE4 of Section 34, T3N, R67W of the 6th P.M. , Weld County, Colorado. DATE: April 21, 1994 CASE NUMBER: VI-2049 Stopped by property and spoke with Mrs. Deroo about VI-2049 (renting out of an apartment on their property) . Mrs. Deroo said that she would be calling the Planning Department to find out what permits they would need to clear up the violation. 940421 re et: DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140 N�i EY, O ORAAVENUEO 631 GREELEY, COLORADO80631 COLORADO WELD COUNTY ZONING VIOLATION NOTICE Date: March 17, 1994 Violation Number: VI-2049 Name: Bradley and Carolyn Deroo Address: 9533 Weld County Road 26 Fort Lupton, CO 80621 Legal Description: W2 SE4 of Section 34, T3N, R67W of the 6th P.M. , Weld County, Colorado. The uses on the above described property are being considered as zoning violations of Sections 31.2.2 and 31.2 of the Weld County Zoning Ordinance. There is more than one single family dwelling on a legal parcel and a riding arena located on the property. To correct the violation discontinue renting of the barn for a residence and obtain a Use by Special Review permit for the riding arena. 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 April 17, 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. tetnal Barry Building Inspection Technician 940421 \C DEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140�• ON ORA O8 631 GREELEY, COLORADO 80631 COLORADO January 14, 1994 Bradley and Carolyn Deroo 9533 Weld County Road 26 Fort Lupton, CO 80621 Subject: C-94-7 Property located at the W2 SE4 of Section 34, T3N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Deroo: 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 more than one single family dwelling and a riding arena, located on the property is not a use allowed by right in the A (Agricultural) zone district. Please call me within five working days of the date of this letter to review the concern with me. Sincerely, Current Planner BK/b j s 940421 Hello