HomeMy WebLinkAbout941113.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST BETTY MILLER 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, Betty Miller, VI #2132, 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 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, Betty Miller was not present or represented at said hearing, although all parties
were notified of said hearing by the Department of Planning Services staff, and
WHEREAS, Department of Planning Services staff informed the Board the property owner
indicated said violation could be corrected by November 15, 1994, and
WHEREAS,the Board of County Commissioners deems it advisable to delay referral of said
violation to the Weld County Attorney's Office until November 16,1994, 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 November 16, 1994.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that if said violation still exists on November 16, 1994, the Weld County Attorney
be, and hereby is, authorized to proceed with legal action against Betty Miller to remedy the
violation of the Weld County Zoning Ordinance, and any other persons occupying the properties,
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VIOLATIONS
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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 8th day of November, A.D., 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ALL Ma/7 WELD COUNTY, COLORADO
Weld County Clerk to the Board / 1
r ;% �
1 W. H. Webster, Chairman
BY: S1 v �_.}w��J-��— EXCUSED DATE OF SIGNING (AYE)
Deputy CI4A to the Board Dale Hall, Pro-Tem
APP ED AS TO FORM:
,prge axter
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my Attorney Constance L. Harbert
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
941113
PL0824
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DATE: November 3, 1994
VIOLATION NUMBER: VI-2132
NAME: Betty Miller
ADDRESS: P.O. Box 118
Platteville, CO 80651
LEGAL DESCRIPTION: SW4 of Section 29, T3N, R66W of the 6th P.M., Weld County, Colorado.
CASE SUMMARY
August 1, 1994 Five day compliance encouragement letter issued.
August 3, 1994 Internal Case Memo
September 6, 1994 Violation letter issued.
September 14, 1994 Internal Case Memo
October 18, 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 oil and gas support and service facility is a violation of Section(s) 31.2 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 use must 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.
941113
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' DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
II ID WELD COUNTY ADMINISTRATIVE OFFICES
140C. GREELEY, ON ORAAVENUEO631
COLORADO BC63�
COLORADO
October 20, 1994
Betty Ann Miller
P.O. Box 118
Platteville, CO 80651
Subject : VI-2132 Zoning Violation on a parcel of land described as SW4 of Section 29, T3N
R66W, of the 6th P.M., Weld County, Colorado.
Dear Ms. Miller
As of October 18, 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,
tzLitcy
Barry Kr er
Buildin nspection Technician
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941113
INSPECTION REPORT
NAME: Betty Miller
LEGAL DESCRIPTION OF PROPERTY: The SW4 of Section 29, T3N, R66W of the 6th P.M.,Weld
County, Colorado.
DATE:October 18, 1994
CASE NUMBER: VI-2132
Inspected property to determine compliance. The property is not in compliance at this time. There
is still a Oil and Gas Support and Service Facilty ie:(storage of drilling rigs and realted equipment)
on the property without the proper zoning permits..
Barry Kramer
Building Inspectio T chnician
c��
94111.3
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INTERNAL CASE MEMO
TO: Case File FROM: Barry Kramer
NAME: Betty Miller
LEGAL DESCRIPTION OF PROPERTY: SW4 of section 29, T3N, R66W of the 6th P.M., Weld
County, Colorado.
DATE: September 14, 1994
CASE NUMBER: VI-2132
Mr. Miller called and told me that the drilling rig would be removed within 30 days. I told Mr.
Miller that if the equipment was still there in 30 days the case would be scheduled for the
November hearing with the Board of County Commissioners.
941113
ilit4ar
DEPARTMENT OF PLANNING SERVICES
PRONE (303) 353-M45. EXT. 3540
WELD COUNTY ADMINISTRATIVE ORRICES
CoIANIAO AVENUE
GREELEY, COLORADO SC631
WELD COUNTY
COLORADO ZONING VIOLATION NOTICE
Date: September 6, 1994 Violation Number: VI-2132
Name: Betty Miller
Address: P.O. Box 118, Platteville, CO 80651
Legal Description: The SW4 of Section 29, T3N, R66W of the 6th P.M. , Weld
County, Colorado.
The uses on the above described property are being considered as zoning
violations of Section 31.3 of the Weld County Zoning Ordinance.
An oil and gas support and service facility (i.e. storage of drilling rigs and
equipment) located on the property without the proper zoning permits.
A Use by Special Review permit would need to be applied for and approved or the
oil and gas support and service facility would need to be removed.
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 October 6, 1994, to correct this
zoning violation. Failure to do so will result in this office scheduling the
violation before the Board of County Commissioners to consider whether to refer
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 Kramer
Building Inspection Technician
941113
INTERNAL CASE MEMO
TO: Case File FROM: Barry Kramer
NAME: Betty Miller
LEGAL DESCRIPTION OF PROPERTY: SW4 of section 29, T3N, R66W of the 6th P.M., Weld
County, Colorado.
DATE: August 3, 1994
CASE NUMBER: VI-2132
Spoke with Tim Miller son of Betty Miller. Mr. Miller told me that the drilling rig being stored on
his mother property has been there about 45 days and is owned by a company based on the
western slope and was storing it there until they had work for it in this area or they would have
to move it back to there yard. I informed Mr. Miller that under the zoning ordinance this would
be considered a oil and gas support and service facility and would require a use by special
review permit to store it in the A(agricultural) zoned district. Mr. Miller said he would contact the
company that owns the rig and tell them to move it.
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A lit \(
Aim I\ DEPARTMENT OF PLANNING SERVICES
PHONE(303)353-X45. EAT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
tgligne. 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
August 1, 1994
Betty Ann Miller
P.O. Box 118
Platteville, CO 80651
Subject: C-94-137 Property located at SW4 of Section 29, T3N, R66W of the 6th
P.M. , Weld County, Colorado.
Dear Ms. Miller:
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 an oil and
gas support and service facility (ie: storage of drilling rigs and equipment)
located on the property without the proper zoning permits. This 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,
1
Barry Kramer
Building Inspection Technician
941111
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