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HomeMy WebLinkAbout940246.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CERTAIN PARTIES FOR VIOLATIONS OF THE WELD COUNTY AND 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, Ronald G. and Janice M. Eyster, VI 1/2012, 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 8th day of March, 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, Ronald Eyster was present, and WHEREAS, at said hearing the Board of County Commissioners delayed referral of said violation to the Weld County Attorney's Office for a period of one year to allow adequate time for the property owner to bring subject property into compliance, 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 within one year. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on March 8, 1995, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Ronald G. and Janice M. Eyster to remedy the violation of the Weld County Zoning Ordinance, and any other persons occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with the identified party. 940246 del: C/ VIOLATIONS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of March, A.D. , 1994. Leijeas BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, C LORADO Weld County Clerk to the Board ) /1 Webster, hairma� BY: SLIP tx I t ' Deputy Cl 4k to the Board Dale K Hall, Pro-'$ m (/ APPROVED AS TO FORM: • f/ 7X"{" -t eorge Baxter Coun y Atto ey Constance L. Harbert EXCUSED Barbara J. Kirkmeyer 940246 DATE: March 8, 1994 VIOLATION NUMBER: VI-2012 NAME: Ronald G. and Janice M. Eyster ADDRESS: 6960 Weld County Road 1 Longmont, CO 80501 LEGAL DESCRIPTION: Part of the NW4 of Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado. CASE SUMMARY August 13, 1993 Five-day compliance encouragement letter issued. January 4, 1994 Violation letter issued. January 25, 1994 Property owner picked up Use by Special Review applicantion form and procedural guide. 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 commercial business is a violation of Section(s) 31.2 of the Weld County Zoning Ordinance. To correct the violation a Use by Special Review permit and certificate of designation must be approved or the business 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. 940246 INSPECTION REPORT NAME: Ronald and Janice Eyster LEGAL DESCRIPTION OF PROPERTY: Part of the NW4 of Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado. DATE: February 24, 1994 CASE NUMBER: VI-2012 There is a commercial business (St. Vrain Tree Service) being operated on the property. One picture taken. Barry Kram r Building Inspection Technician 940246 INTERNAL CASE MEMORANDUM NAME: Ronald and Janice Eyster LEGAL DESCRIPTION OF PROPERTY: Part of the NW4 of Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado. DATE: January 25, 1994 CASE NUMBER: VI-2012 Mr. Eyster was in and picked up an application for a Use by Special Review. A $1,500 fee was required for the application. ei chuett C rent Planner 940245 tit ‘or DEPARTMENT OF PLANNING SERVICES ' PHONE (303) 353-3845, EXT. 3540 WI D WELD COUNTY ADMINISTRATIVE OFFICES 140O ON ORAAVENUEO631 GREELEY, COLORADO 80631 COLORADO WELD COUNTY ZONING VIOLATION NOTICE Date: January 4, 1994 Violation Number: VI-2012 Name: Ronald G. and Janice M. Eyster Address: 6960 Weld County Road 1, Longmont, CO 80501 Legal Description: Part of the NW4 of Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado (131331000001) . The uses on the above described property are being considered as zoning violations of Section 31.2 of the Weld County Zoning Ordinance. The present uses of your property (commercial business-St. Vrain Tree Service, and landfill-trees) are uses not allowed by right in the A (Agricultural) 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 3, 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. u rent Planner C 93-48 jot ;;;H: DEPARTMENT OF PLANNING SERVICES ' PHONE (303) 353-3845, EXT. 3540 ivulpWELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO August 13, 1993 Ronald G. and Janice M. Eyster 6960 Weld County Road 1 Longmont, CO 80501 Subject: C-93-48 Property located at part of the NW4 of Section 31, T2N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Eyster: 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 commercial business (St. Vrain Tree Service) and landfill (trees) without property permits (Use by Special Review and a Certificate of Designation) . Please call me within five working days of the date of this letter to review the concern with me. Sincerely, ei C rent Planner Picied uv wIAP 940246 Hello