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HomeMy WebLinkAbout941111.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CRAIG AND NOREEN MCCONNELL 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, Craig and Noreen McConnell, VI #2040, 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 8th day of November, 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, Craig and Noreen McConnel, property owners, were present at said hearing, and WHEREAS,the Board of County Commissioners deems it advisable to delay referral of said violation to the Weld County Attorney's Office for a period of ninety (90) days to allow adequate time for the property owners 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 ninety (90) days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on February 14, 1995, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Craig and Noreen McConnell 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. 941111 PL0824 (e : tG-;Gfl; A4ulO/L//VELL 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 November, A.D., 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: Aaa,tein WELD COUNTY, COLORADO / /I Weld County Clerk to the Board l d.� I W. H. Webster, Chairman ≤�/t BY: , /c/y EXCUSED DATE OF SIGNING (AYE) Deputy CLk to the Board Dale K. all, Pro-Tem APPROVED AS TO FORM: Z‘L-- '4 eorge Ed‘xter ounty Att stance L. Harbert EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 941111 PL0824 DATE: November 3, 1994 VIOLATION NUMBER: VI-2040 NAME: Craig and Noreen McConnell ADDRESS: 47490 Weld County Road 155 Stoneman, CO 80754 LEGAL DESCRIPTION: S2 of Section 1, T8N, R56W of the 6th P.M., Weld County, Colorado. CASE SUMMARY March 9, 1994 Violation letter issued. September 6, 1994 Letter to property owner. October 20, 1994 Property inspected. Property still in violation. October 20, 1994 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The commercial operation is a violation of Section(s) 31.2 and 31.3 of the Weld County Zoning Ordinance. To correct the violation a use by special review permit would need to be applied for approved and all conditions met or the commercial operation would have to be removed from the property. The Department of Planning also recommends that the County Attorney Authorize legal action against 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. • 941111 1 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353.3845. EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1ig ON ORAO AVENUE O GREELEY, COLORADO 80631 COLORADO October 20, 1994 Craig A. and Noreen K. McConnell 47490 Weld County Road 155 Stoneman, CO 80754 Subject : VI-2040 Zoning Violation on a parcel of land described as S2 of Section 1, TBN, R56W, of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. McConnell As of October 20, 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 Tuesday, November 8, 1994, at 10:00 a.m. to consider this Zoning Violation. The property will be reinspected on November 7, 1994, to determine compliance and if the 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 mer Buildi g Inspection Technician 941111 DEPARTMENT OF PLANNING SERVICES PHONE (303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE C• GREELEY, COLORADO 8 631 COLORADO September 6, 1994 Craig A. and Noreen K. McConnell 47490 Weld County Road 155 Stoneham, CO 80754 Dear Mr. and Mrs. McConnell: Subsequent to my letter of February 23, 1994, to you, the Board of County Commissioners amended the Weld County Zoning Ordinance to allow elk as livestock and no special permits are required provided the number of elk does not exceed four per acre. The Board did not change the Zoning Ordinance requirements for a bed and breakfast facility therefore, your bed and breakfast facility requires an approved Special Review permit to be in compliance with the Weld County Zoning Ordinance. The Board agreed to waive the $1,000.00 Special Review application fee and the $500.00 investigation fee, however, you will be required to file a Special Review permit on or before October 7, 1994. Failure to do so will result in this office scheduling this matter before the Board of County Commissioners to consider further action. I have enclosed a Special Review procedural guide for your review and use. I would suggest that you schedule an appointment with Mr. Keith Schuett, Current Planner II, to discuss the submittal requirements for filing an application and to answer any questions you might have about the application process. If you have any questions about this matter, please call or write. Sincerely, oret3\4.„,,,, Chuck Cunliffe, AICP Director pc: Keith A. Schuett Enclosure 941111 •_ki, c' DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845. EXT. 3540 C WELD COUNTY ADMINISTRATIVE OFFICES WI p 1400 N. 17TH AVENUE ® GREELEY, COLORADO 80631 COLORADO WELD COUNTY ZONING VIOLATION NOTICE Date: March 9, 1994 Violation Number: VI-2040 Name: Craig A. and Noreen K. McConnell Address: 47470 Weld County Road 155 Stoneham, CO 80754 Legal Description: Part of the S2 of Section 1, T8N, R56W 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 of the Weld County Zoning Ordinance. The present uses of your property (commercial operation - hotel/motel; keeping, reaising, and boarding exotic animals) are not uses allowed by right in the A (Agricultural) zone district. 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 8 , 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. Jeu.K �. Schuett rrenc Planner II 941111 PARC TP : R PARCEL INQUIRY A IT YR: 1994 ATIIN022 PIN: 0476086 PARC: 053301000011 LAST UPDATE : 01/14/1994 MC CONNELL CRAIG A & NOREEN K ACTIVE ON: 09/16/1986 INACTIVE ON: / / MAP# : ROAD 100 STONEHAM CO 80754 TAX AREA 1100 . 071224 1993 DATE LAST ASSESS 04/22/1994 LAST ASSESS LAND 1020 LAST ASSESS BLDGS 10290 TOTAL LAST ASSESS 11310 4147 318 . 00 1020 PRIOR YEAR ASSESS 1020 TOT LAND 1020 REC DT 03/26/1992 DEED TP QCD JT NUMBER 1330 02282175 WOL Y DOC FEE 0 . 00 4277 10290 237-A S2 1 8 56 EXC OG&M (2R) TOT BLDGS 10290 TOTAL VALUE 11310 PF3 : PROFILE PF5 :LEGALS PF7 :NEXT PARCEL PF11 :MENU PF4 : OWNERS PF6 :DOC HIST PF10 : PLOC PF12 :RFAT MESSAGE : 941111 Hello