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HomeMy WebLinkAbout940577.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST WILLIAM AND MARITA MITCHELL 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, William and Marita Mitchell, VI #2060, 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, William Mitchell, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners delayed referral of said violation to the Weld County Attorney's Office until September 1, 1994, 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 by September 1, 1994. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on September 1, 1994, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against William and Marita Mitchell 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. PL0824 940577 Ak8a1/ d d/tl PUS n2,lay,tEGt_ VIOLATIONS PAGE 2 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% WELD COUNTY, COLORADO Weld County Clerk to the Board . Webster, C irman ci //9 y 'fin BY: f n f'�t I / U..'�Q,2 1 J Deputy Cirk to the Board Dale/I, Hall, Pr pm ��APPROV AS TO FORM: �> /Georg Baxter /d" ounty AttlOvne ���onnsstance L. Harbert arbara�,cQrS J. Kirkme er 1 940577 DATE: June 14, 1994 S - I VIOLATION NUMBER: VI-2060 1 NAME: William and Marita Mitchell ADDRESS: 15462 Morris Avenue Fort Lupton, CO 80621 LEGAL DESCRIPTION: Lot 3, Block 9, Aristocrat Ranchettes, Weld County, Colorado. CASE SUMMARY November 10, 1993 Five-day compliance encouragement letter issued. March 25, 1994 Violation letter issued. June 1, 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) 31.2 and 31.3.9 of the Weld County Zoning Ordinance. To correct the violation a screening plan must be submitted, 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 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. 940577 r, • DEPARTMENT OF PLANNING SERVICES lige PRONE ?03i 3'_347. _X' 3^-r. WELD COUNTY ADMINISTRATIVE OFziCzc, WI 1400 N. t 77-p-,,; A' E:tiUE GnEEL140 N ,.0C x0007 COLORADO June 3, 1994 William and Marita Mitchell 15462 Morris Avenue Fort Lupton, CO 80621 Subject: VI-2060 Zoning Violation on a parcel of land described as Lot 3, Block 9, Aristocrat, Weld County, Colorado. Dear Mr. and Mrs. Mitchell: As of June 1, 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, rt / -2G. '' -C ,--.1:1<-- Barry Kamer Building Inspection Technician 940577 INSPECTION REPORT NAME: William and Marita Mitchell LEGAL DESCRIPTION OF PROPERTY: Lot 3, Block 9, Aristocrat Ranchettes, weld County, Colorado. DATE: June 0, 1994 CASE NUMBER: VI-2060 Inspected property to determine compliance. The property is not in compliance at this time. There is still a noncommercial junkyard (derelict vehicles, tires, and junk) located on the property without proper screening. ,m-I IC'-d.(.c�...� Barry Kramner Building Inspection Technician 940577 INTERNAL CASE MEMORANDUM , TO: Case File FROM: Barry Kramer '! NAME: William and Marita Mitchell LEGAL DESCRIPTION OF PROPERTY: Lot 3, Block 9, Aristocrat Ranchettes, Weld County, Colorado. DATE: May 6, 1994 CASE NUMBER: VI-2060 Mr. Mitchell called to inform me that neither he nor his wife would be able to attend the hearing on May 10, 1994 because of there work schedule. Mr. Mitchell asked if the zoning violation case could be rescheduled to a different date. I informed Mrs. Mitchell that I would need a letter stating why they were unable to attend and I would present it to the Board of County Commissioners and they would decide weather or not to grant an extension to the next hearing on June 14, 1994. 940577 sy - y4 T KD /4/Cg < R J s f e ,z v c0 N () e R s Paer, w 3 245 r /xie,di L iYl ;;:(; re Lt. e $ i-;A.?Q 3--3 / o - 71/ [,4—n 1, / pia X � A-le C-)4/ e.. O dire . b 2� i�e �kir�c�, V // 4/ 4. 1/ /1-r. 4cXe �5 6az . 2eig v . ,co 2� ti � cc'o ," g-oCa/ (2°13 <3/0 e 9 as.A.- ceof es 2- a 0 // 940. 7 DATE: May 10, 1994 VIOLATION NUMBER: VI-2060 NAME: William and Marita Mitchell ADDRESS: 15462 Morris Avenue Fort Lupton, CO 80621 LEGAL DESCRIPTION: Lot 3, Block 9, Aristocrat Ranchettes, Weld County, Colorado. CASE SUMMARY November 10, 1993 Five-day compliance encouragement letter issued. March 25, 1993 violation letter issued. April 25, 1994 Property inspected. Property still in violation. April 27, 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 and approved 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. 940577 DEPARTMENT OF PLANNING SERVICES r i3O31 353-M;5. 7-XT. 3542 WELD COUNTY ADMINISTRATIVE OF=iCE5 14CEY. N.COLORADO n Av ENLa GREELCOLORADO April 27, 1994 William and Marita Mitcnell 15462 Morris Avenue Fort Lupton, CO 80621 Subject: VI-2060 Zoning Violation on a parrel of Land described as Lot 3, Block 9, Aristocrat Ranchettes, weld County, Dear Mr. and Mrs. Mitchell: The property referenced above remains in violation of the Weld County Zoning Ordinance. I have scheduled a .aeetinc with the Board of County Commissioners on Tuesday, May 10, 1994 aThis meeting g towi consider nsi erlthe Zo e Zoning Violation occurring on your property. Weld County Centennial e County Commissioners' Hearing Room, first floor. 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. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize tha 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 • • • 940577 INSPECTION REPORT NAME: William and Marita Mitchell MAILING ADDRESS: 15462 Morris Avenue, Fort Lupton, CO 80621 DATE: April 25, 1994 CASE NUMBER: VI-2060 Inspected property to determine compliance. The property is not in compliance at this time. There are several derelict vehicles next to the road, a large pile of tires and miscellaneous junk located on the property without proper screening. iscc. kk4 Barry Kramer Building Inspection Technician 940577 r ..... , , 6 tf te,1;11 , lilt DEPARTMENT OF PLANNING SERVICES ?MCNE(303) 353. 45, c T. 3540 Willie. WELD COUNTY ADMINISTrRATIVE CFF!C=S 1400 N. RA 8NUEGAEELEY,EY, COLORADO 8C63t COLORAD WELD COUNTY ZONING VIOLATION NOTICE Dace: March 25, 1994 Violation Number: VI-2060 Name: William and Narita Mitchell Address: 15462 Morris Avenue Fort Lupton, CO 80621 Legal Description: Lot 3, Block 9, Aristocrat Ranchectes, 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 (junk and used appliances) located on the property without proper screening. To correct the violation the noncommercial junkyard would need to be removed or a screening plan would need to be submitted 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 April 24, 1994, to correct this zoning violation. Failure to do so will result in this office referring the violation co the County Attorney's office for legal action. Any information you have chat 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. h —.7-t2,",/, / 4-rm, -( Barry t& mer Building Inspection Technician 9105577 Mk\V ' ` DEPARTMENT CF PLANNING SERVICES ?h0NE. ;303)353. 345, EXT. 354 WE L:: COUNTY AOMINIETRATIVE CR=;Czs AVENGE 1 9 Ce GRE =!$'!,, COO!CRACO 3CE3'COLORADO November 10, 1993 William and Marica B. Mitchell 15462 Morris Avenue Ft. Lupton, CO 80621 Subject: C-93-131, Property located on Loc 3, Block 9, Aristocrat Ranchettes, Weld County, Colorado (130927208004) . Dear Mr. and Mrs. Mitchell: • It has come to the attention of the Department of Planning Services' staff that the uses on your property (15462 Morris Avenue) mayot be in compliance th the with the zoning Weld County Zoning Ordinance. The pnoncompliance ordinance is a noncommercial junkyard not properly screened from adjacent properties and road rights-of-way. Please call me within five working days of the date of this letter to review the concern with me. Sincerely, urrent Planner ( � KAS/sfr • 940377 Hello