HomeMy WebLinkAbout940647.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION
AGAINST ED AVILA 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, Ed Avila, VI #2102, 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 12th day of July, 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, Ed Avila, property owner, 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, the Board deems it necessary to bring legal action against that
individual 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 Ed Avila 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 12th day of July, A.D. , 1994.
ATTEST: Me% BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
. Webste , Cha"rman
BY: N. 1
Deputy Cler to the Board a Hall, Pr ei
APPROVED AS TO FORM:3
GeorBaxterx
— — ci
gas -�
County orney Constance L. Harbert
Barbara
�/� 77777
Barbara J. Kirkme er Q
PL0824
940647
DATE: July 12, 1994
VIOLATION NUMBER: VI-2102
NAME: Ed Avila
ADDRESS: 3102 Western Drive
Hudson, CO 80642
LEGAL DESCRIPTION: N2 of Lot 18, and NW4 of Lot 17, Vantage Acres, Weld County,
Colorado.
CASE SUMMARY
May 2, 1994 Five day compliance encouragement letter issued.
May 19, 1994 Violation letter issued.
June 17, 1994 Conversation with property owner.
June 29, 1994 Property inspected. Property still in violation.
June 30, 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 to the Planning Department and then approved and 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 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.
940647
•
•
1154 DEPARTMENT OF PLANNING SERVICES
PHONE (303) 3533845. EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
WEI C) .
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
June 30, 1994
Ed Avila
3102 Western Dri•:e
Hudson, CO 80642
Subject: VI-2102 Zoning Violation on a parcel of land described as N2 of
Lot 18, and NW4 of Lot 17, Vantage Acres, Weld County, Colorado.
Dear Mr. Avila:
As of June 29, 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, July 12, 1994 at 10:00 a.m. to consider
this Zoning Violation. The property will be reinspected on July 11, 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
auilding Inspection Technician
940647
INSPECTION REPORT
NAME: Ed Avila
LEGAL DESCRIPTION OF PROPERTY: N2 of Lot 18, and NW4 of Lot 17, Vantage
Acres, Weld County, Colorado.
DATE: June 29, 1994
CASE NUMBER: VI-2102
Inspected property to determine compliance. The property is not in compliance
at this time. There is still a noncommercial junkyard (derelict auto) located
on the property without proper screening.
ki""a-. 1 < 1
Barry Kramef
Building Inspection Technician
940647
WELD COUNTY D RTMENT OF PLANNING SERVICES' C ZEN INQUIRY FORM
1400 NORTH. 17TH AVENUE, GREELEY, COLORADO 80631
PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978
t
TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES 45/ NO DATE: / % rt../
NAME: PHONE II:
ADDRESS:
TYPE OF INQUIRY
❑ MHZP 0 SKETCH PLAN 0 MINOR SUB SKETCH PLAN
❑ ZPMH 0 PRELIMINARY PLAN 0 MINOR SUB FINAL PLAT
❑ RE 0 FINAL PLAT 0 ZONING
❑ AMENDED RE 0 RESUBDIVISION ❑ ADDRESSING
❑ SE 0 FHDP 0 BUILDING PERMIT
❑ AMENDED SE 0 GHDP 0 SETBACKS/OFFSETS
❑ SITE PLAN REVIEW 0 USR 0 HOME OCCUPATION
❑ REZONING 0 AMENDED USR Eh VIOLATION
❑ PUD SKETCH PLAN 0 USR MINING 0 OTHER
❑ PUD DISTRICT 0 USR MAJOR FACILITY 0
❑ PUD FINAL PLAT 0 USR DISPOSAL SITE 0
PERSONNEL
❑ Keith Schuett 0 Greg Thompson 0 Gloria Dunn 0 Todd Hodges
❑ Sharon White PrBarry Kramer 0 Chuck Cunliffe 0
ITEMS DISCUSSED: (; C y .t
i f 7
AVAILABLE OPTIONS: I . L Lc _ 1 -' r f�
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,k_o 4 4-.C 43± . & ,6. —.t i 1 ' . C� -A Ca.., .ry o
iren , eJ�o l 1 �
CONCERNS:
ACTION TO BE TAKEN: - - - ;?r-t /^ r t
1
IFA a 1--t+ R 44c— -r s-t Cc)-+K .; C 9 <.r.C r`
42
Time spent A Staff Member's Initials ' 'C
940647
1,41
4141 44111C
DEPARTMENT OF PLANNING SERVICES
PHONE (3031 353.3845. EAT, 3543
WELD COUNTY ADMINISTRATIVE OFFICES 140N 17EY, O ORA 6061
u REELEY. COLORADO nAGO 66631
•
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
Date: May 19, 1994 Violation Number: VI-2102
Name: Edward Avila
Address: 3102 western Drive
Hudson, CO 80642
Legal Description: N2 of Lot 18 and NW4 of Lot 17, Vantage Acres, 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 autos and miscellaneous materials) located on
the property without proper screening. To correct the violation the
noncommercial junkyard would need to be removed or screened. A screening plan
would need to be submitted to the Planning Department prior to installation.
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 June 19, 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.
.4
Barry Kramer
Building Inspection Technician
940647
L\ DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-a345. EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
May 2, 1994
Edward Avila
3102 Western Drive
Hudson, CO 80642
Subject: C-94-80 Property located at N2 Lot 18, NW4 of Lot 17, Vantage Acres,
Second Filing, Weld County, Colorado.
Dear Mr. Avila:
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 on northeast corner of the property)
without proper screening. 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,
l,:
Barry Kramer
Building Inspection Technician
•
940647
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'c HIS DEED,Made this 16TH aw or JANUARY
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*-ian . (: convey adconfirm.unto the grantee.his heinad assigns forever.all the real propeny together with imp mcnts.if any,situate.lying andbcing in the I ILr."0,,,,,/,'-'4,',
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TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances.unto the grantee.his thus and aviga ",3� ;:(,.1,-41;i.,.'""
brtvee.And the grantor,kr himself,hls heirs.and personal mpresenmivet,the anneal,grant.bargain.ad agree to and withtba grantee,his twin and I9 ii
assigns.that et the time of the ensealmg addelivery of these presents,he h well seized of the mises acme aw i `,
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v, sad indefeasible daub of Inheritance.In law.In fee simple.and has pawl right,full lam and lawful std?by Marva,bargain.sell ad convey the same 'e4r V
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his heirs and assigns.*phut all and every personapnwmuwfully claiming the whok a any put thereof.The singular numberstall'incude the plural. +
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