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Home My WebLink About940582.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION 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, Harvey and Donna Carey, VI 1/2078, and Doyle and Martha Nelson, VI #2088, 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 14th day of June, 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, abovenamed individuals were not present or represented at said hearing, although all parties were notified of said hearing by the Department of Planning Services staff, and WHEREAS, the Board deems it necessary to bring legal action against those individuals as hereinabove named to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Harvey and Donna Carey, and Doyle and Martha Nelson 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of June, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: Lem"? WELDD COUNT , LORADO1rWeld County Clerk to the Board Y I/ / )i Jr/Jim ) (77— BY: If. Webster, C airman �, �1,a E Li 1c )'Y'1. t-L-/ Deputy Cl(rk to the Board Da . Hall, Pro- m AP ED TO FORM: c' c. / Georg . Baxter ty Att r Constance L. Harbert arbara J. Kirk m yer PL0824 ad . /'t) 940582 DATE: June 14, 1994 VIOLATION NUMBER: VI-2078 NAME: Harvey and Donna Carey ADDRESS: P.O. Box 195 Wiggins, CO 80654 LEGAL DESCRIPTION: Lots 10 and 11, Block 2, Hardin, Weld County, Colorado. CASE SUMMARY March 17, 1994 Five-day compliance encouragement letter issued. April 12, 1994 Violation letter issued. May 6, 1994 Property inspected. Property still in violation. June 2, 1994 Internal Case Memorandum. June 3, 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, approved, then installed around the noncommercial junkyard 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. 940582 if tit DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3E45. EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES D �i GREELEY,140 N. ORA AVENUE COLORADO 80631 COLORADO June 3, 1994 Harvey and Donna Carey P.O. Box 195 Wiggins, CO 80654 Subject: VI-2078 Zoning Violation on a parcel of land described as Lots 10 and 11, Block 2, Hardin, Weld County, Colorado. Dear Mr. and Mrs. Carey: As of June 2, 1994 the above property remains in violation of the Weld County Zoning Ordinance. I have scheduled a hearing with the Board of County Commissioners on June 14, 1994, Tuesday, at 10:00 a.m. to consider this Zoning Violation. The property will be reinspected on June 13, 1994 to determine compliance and if uses on the property are not in compliance at the time of the inspection, then the Zoning Violation will be considered by the Board of County Commissioners at the hearing. If the property is in compliance then it will not be necessary for you to attend the hearing. This hearing 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 and uses on the property. 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, Barry Kramer Building Inspection Technician 940582 INTERNAL CASE MEMORANDUM g 'C TO: Case File FROM: Barry Kramer � NAME: Harvey and Donna Carey LEGAL DESCRIPTION OF PROPERTY: Lot 10 and 11, Hardin, Weld County, Colorado. DATE: June 2, 1994 CASE NUMBER: VI-2078 Stopped by property to talk to Mr. and Mrs. Carey about the zoning violation on their property. There was not anyone home at the time I was there. I left a cad requesting they call me. I spoke with the Careys neighbors Mr. and Mrs. Korgan and they told me the Careys receive their mail from a Wiggins P.O. Box but do live at lots 10 and 11 in Hardin. 940582 INSPECTION REPORT NAME: Donna and Harvey Carey LEGAL DESCRIPTION OF PROPERTY: Lot 10 and 11, Block 2, Hardin, Weld County, Colorado. DATE: May 6, 1994 CASE NUMBER: VI-2078 Inspected property to determine compliance. The property is not in compliance at this time. There is still a noncommercial junkyard located on the property without proper screening. The noncommercial junkyard consists of derelict vehicles, miscellaneous materials, and junk. Barry Kramer / Building Inspection Technician 940582 • h ‘tett DEPARTMENT OF PLANNING SERVICES IlDe PHONE(303)353.3845, EXT. 3540 W WELD COUNTY ADMINISTRATIVE OFFICES 140 GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO WELD COUNTY ZONING VIOLATION NOTICE Date: April 12, 1994 Violation Number: VI-2078 Name: Donna and Harvey Carey Address : P.O. Box 195 Wiggins, CO 80654 Legal Description: Lot 10 and 11, Block 2 , Hardin, 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. A noncommercial junkyard (derelict vehicles, miscellaneous materials, and junk). located on the property without proper screening. The noncommercial junkyard could be removed, a screening plan would need to be submitted prior to installation, or the derelict vehicles would need to 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 May 12 , 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. Barry Krdmer Building Inspection Technician 910wS2 tDEPARTMENT OF PLANNING SERVICES PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140�i ON. ORAAVENUEO = GREELEY, COLORADO 80631 COLORADO March 17, 1994 Donna and Harvey Carey P.O. Box 195 Wiggins, CO 80654 Subject: C-94-42 Property located on Lot 10 and 11, Block 2, Hardin, Weld County, Colorado. Dear Mr. and Mrs. Carey: 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 vehicles, miscellaneous materials, and junk) located on the property without proper screening from adjacent properties and public rights-of-way. 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, a/Lcir-ei Barry Krafier Building Inspection Technician 9l0Ss2 DATE: June 14, 1994 VIOLATION NUMBER: VI-2088 NAME: Doyle and Martha Nelson ADDRESS: 4602 Grand Canyon Greeley, CO 80634 LEGAL DESCRIPTION: Lot 19, Block 7, Hill-N-Park, Second Filing, Weld County, Colorado. CASE SUMMARY April 13, 1994 Five-day compliance encouragement letter issued. April 26, 1994 Violation letter issued. May 17, 1994 Property inspected. Property still in violation. May 31, 1994 Property inspected. Property still in violation. June 3, 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) 32.6.2 of the Weld County Zoning Ordinance. To correct the violation 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. 940s£�2 litte \ DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 354r WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE G REELEY.EY. COLORADO SC53t COLORADO June 3, 1994 Doyle and Martha Nelson 4602 Grand Canyon Greeley, CO 80634 Subject: VI-2088 Zoning Violation on a parcel of land described as Lot 19, Block 17, Hill-N-Park, Weld County, Colorado. Dear Mr. and Mrs. Nelson: As of May 31, 1994 the above property remains in violation of the Weld County Zoning Ordinance. I have scheduled a hearing with the Board of County Commissioners on June 14, 1994, Tuesday, at 10:00 a.m. to consider this Zoning Violation. The property will be reinspected on June 13, 1994 to determine compliance and if uses on the property are not in compliance at the time of the inspection, then the Zoning Violation will be considered by the Board of County Commissioners at the hearing. If the property is in compliance then it will not be necessary for you to attend the hearing. This hearing 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 and uses on the property. 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, rte _ •- �� i,i � ' Barry Kramer Building Inspection Technician 940582 INSPECTION REPORT NAME: Doyle and Martha Nelson LEGAL DESCRIPTION OF PROPERTY: Lot 19, Block 17, Hill-N-Park, Weld County, Colorado. DATE: May 31, 1994 CASE NUMBER: VI-2088 Stopped by property and spoke with Mrs. Nelson about the zoning violation on their property. I informed Mrs. Nelson that because of the R-5 (Residential) zoning of her property that noncommercial junkyards were not allowed and that screening the derelict auto would not allow them to keep it there. I told Mrs. Nelson that I would be setting up this case for a hearing before the Board of County Commissioners on June 14, 1994 at which time they would review the case. t� Barry Kramer Building inspection Technician 940582 INSPECTION REPORT NAME: Doyle and Martha Nelson LEGAL DESCRIPTION OF PROPERTY: Lot 19, Block 17, Hill-N-Park, weld County, Colorado. DATE: May 17, 1994 CASE NUMBER: VI-2088 The property was inspected to determine compliance. The property is not in compliance at this time. There is a noncommercial junkyard (derelict vehicle) located on the property. A small screen has been built to hide the derelict auto, however, in a R-5 (Residential) zone district this is not allowed. One picture taken. ,.c c..... / I _t Barry Kremer Building Inspection Technician 940552 T ;', lag DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. RA AVENUE COLORADO E0631 COLORADO WELD COUNTY ZONING VIOLATION NOTICE Date: April 26, 1994 Violation Number: VI-2088 Name: Doyle and Martha Nelson Address: 4602 Grand Canyon Greeley, CO 80634 Legal Description: Lot 19, Block 17, Hill-N-Park, Second Filing, Weld County, Colorado. The uses on the above described property are being considered as zoning violations of Section 32.6.2 of the Weld County Zoning Ordinance. A noncommercial junkyard (derelict autos) located on the property. To correct the violation the derelict autos could be removed, enclosed in a building, or 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 May 26, 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. tr, Harry✓]Cramer Building Inspection Technician 940582 Hello