HomeMy WebLinkAbout940429.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION
AGAINST NICK BACRIA 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, Nick Bacria, VI 112047, 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 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, Nick Bacria, 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 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 individual 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 Nick Bacria 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.
940429
/ ' f ! . C./AY ' 6,1{, L/H
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.
BOARD OF COUNTY COMMISSIONERS
ATTEST: LeMeteet
WELD COUNTY, COLORADO
Weld County Clerk to the Board ;.�
/ W H. Webster, Chairman
BY: , 1.f.e ikl ,
Deputy C1 rk to the Board Dale(K. Hal , l` Te /7
APPROV S TO FORM: / c, 7t� -II
�� Georg. Baxter
�s e _ EXCUSED
County Atto ey Con tance L. Harbert
7)4A
Barbara J. Kirkme er
940429
DATE: May 10, 1994
VIOLATION NUMBER: VI-2047
NAME: Nick Bacria
ADDRESS: 11488 weld County Road 7
Longmont, CO 80504
LEGAL DESCRIPTION: SW4 of Section 3, T2N, R68W of the 6th P.M. , Weld County,
Colorado.
CASE SUMMARY
March 2, 1994 Five-day compliance encouragement letter issued.
March 16, 1994 Violation letter issued.
April 4, 1994 Property inspected. Property still in violation.
April 11, 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 noncommercial junkyard is a violation of Section(s) 31.2 and 31.3.9 of the
Weld County Zoning Ordinance. To correct the violation a screening plan must be
submitted and approved or the noncommercial junkyard 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.
940429
•
``
ED
\`. DEPARTMENT OF PLANNING SERVICES
PHONE(303)353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140�•. ON ORAAVENUEO631
GREELEY, COLORADO 80631
COLORADO
April 27, 1994
Nick Bacria
11488 Weld County Road 7
Longmont, CO 80504
Subject: VI-2047 Zoning Violation on a parcel of land described as SW4 of
Section 3, T2N, R68W of the 6th ?.M. , Weld County, Colorado.
Dear Mr. Bacria:
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 Tuesday, May 10, 1994 at 10:00 a.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. It 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 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.
Respectfully/)
/17
Barry Kramer
Building Inspection Technician
940429
INSPECTION REPORT
NAME: Nick Bacria
LEGAL DESCRIPTION OF PROPERTY: SW4 of Section 3, T2N, R68W of the 6th P.M. ,
Weld County, Colorado.
DATE: April 11, 1994
CASE NUMBER: VI-2047
Inspected property to determine compliance. The property is not in compliance
at this time. There is still miscellaneous materials (wood poles, scrap lumber,
and bricks) located on the property without proper screening. Most of the junk
located in the middle of the property has been removed. Mr. Bacria said that he
would like to use the wood poles and scrap lumber for firewood and the bricks in
the house he is building. I told Mr. Bacria that he would need to cut and stack
the wood he wants to use for firewood.
Four pictures taken.
Barry Kramer,/�
Building Inspection Technician
940429
INTERNAL CASE MEMORANDUM
TO: Barry Kramer FROM: Roger Vig
NAME: Nick Bacria
LEGAL DESCRIPTION OF PROPERTY: SW4 of Section 3, T2N, R68W of the 6th
P.M. , Weld County, Colorado.
DATE: April 4, 1994
CASE NUMBER: VI-2047
I inspected the property. There are two couches in the house being built.
Appears the house is being used. There is no water and no bathrooms hooked
up. No sign of meals being eaten in the house. I asked Mr. Bacria if he
lived in the existing house. He answered yes . Two cars were parked in
front of the existing house. License plate numbers WBY-721 and WIN-864.
940429
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
•
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
Date: March 16, 1994 Violation Number: VI-2047
Name: Nick Bacria
Address : 11488 Weld County Road 7
Longmont, CO 80504
Legal Description: The SW4 of Section 3, T2N, R68W 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 and 31.3.9 of the Weld County Zoning Ordinance.
There is a noncommercial junkyard (derelict vehicles, used appliances,
miscellaneous junk, and second hand building materials) located on the property
without property screening, also there are two single family dwellings on a
single parcel of land. To correct the violation the noncommercial junkyard would
need to be removed or a screening plan would need to be submitted prior to
installation. The derelict vehicles could be brought up to a status where they
would not be considered derelict under the 1993 Zoning Ordinance.
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 16, 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.
401d
Barry Kamer
Building Inspection Technician
940429
T. DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140C. EY, N. ORA O AVENUE
GREELEY, COLORADO 80631
COLORADO
March 10, 1994
Nick Bacria
11488 Weld County Road 7
Longmont, CO 80504
Subject: C-94-24 on a parcel of land described as part of the SW4 of Section 3,
T2N, R68W of the 6th P.M. , Weld County,Colorado.
Dear Mr. Bacria:
The purpose of this letter is to summarize the different points which were
discussed during our conversation on March 10, 1994.
At this meeting we mutually agreed that the actions which need to be taken to
correct this violation are:
1. Recorded Exemption to further divided property so that each residence
would be on a separate parcel.
2. Change use of second dwelling to other than temporary or over night
housing.
3. Connect the older structure by expanding the residential structure to
include both as one. A breeze way would not be considered an
expansion of the residence.
4. Remove the noncommercial junkyard or properly screen from all adjacent
properties and public rights-of-way.
5. Change the occupancy of the smaller residence to non-residential uses
within 30 days of occupancy of the main residence. A change of
occupancy building permit is required.
So that we both understand one another' s position, and for the purpose of
documentation, the above items are to be completed and/or submitted to our office
by April 10, 1994.
If this office can be of any assistance in clarifying or answering further
questions concerning this matter, please call or write.
Respectful/l}�C y/
Keith . Schuett '
Current Planner II
940429
yEki:Irt1 DEPARTMENT OF PLANNING SERVICES
WI
PHONE (303) 3533845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
C 1400 N. 17TH AVENUE
GREELEY, COL0RAD080631
COLORADO
March 2, 1994
Nick Bacria
11488 Weld County Road 7
Longmont, CO 80504
Subject: C-94-24 Property located on part of the SW4 of Section 3, T2N, R68W
of the 6th P.M. , Weld County, Colorado.
Dear Mr. Bacria:
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 (derelict autos, used appliances, miscellaneous junk,
second-hand building materials) is located on the property without proper
screening from adjacent properties and road rights-of-way. Also, there are two
single family dwellings located on a single parcel of land. These are not uses
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,
3,41 ita.44,CP1
Barry Kramer
Building Inspection Technician
940429
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