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HomeMy WebLinkAbout940351.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST GERALD AND BEVERLY SLUSHER FOR VIOLATIONS 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, Gerald and Beverly Slusher, VI #2036 and VI #2038, are allegedly in violation of the Weld County Zoning Ordinance, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violations have not been corrected, and WHEREAS, on the 12th day of April, 1994, a public hearing was held before the Board of County Commissioners for the purpose of hearing any testimony relating to said violations, and WHEREAS, Gerald and Beverly Slusher were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it necessary to bring legal action against those individuals as hereinabove named to correct said violations. 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 Gerald and Beverly Slusher to remedy the violations 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 April, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: 1144fMeth WELD COUN/�TY, COLORADO /Weld County Clerk to the Board otk.44- BY: S /J�f J �7 �� W. H. Webster Chairman I�Z JC.../ / KX.YL-V. Deputy erk to the Board Dale K all, P o-Tem APPROVED AS TO FORM: < /7 ce000rge K. Baxter ✓ / "��/.CN�I/jliC.L 67���9.I�" County Att rn Constance L. Harbert ABarbara J. Kirkme er PL0824 940351 DATE: April 12, 1994 VIOLATION NUMBER: VI-2036 NAME: Gerald and Beverly Slusher ADDRESS: 7938 Richard Street Fort Lupton, CO 80621 LEGAL DESCRIPTION: Lot 5, Block 4, Aristocrat Ranchettes, Weld County, Colorado. CASE SUMMARY September 24, 1993 Five-day compliance encouragement letter issued. February 15, 1994 Property inspected. Property still in violation. February 23 , 1994 Violation letter issued. March 3, 1994 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The noncommercial junkyard and mobile home without permits is a violation of Section(s) 31.2, 31. 3.9, 31.2. 16 of the Weld County Zoning Ordinance. To correct the violation a screening plan and zoning permit must be approved or the noncommercial junkyard and mobile home 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. 940351 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3645, EXT.3540 IWELD COUNTY ADM140INISTRATIVE OFFICES C. GREELEY, N. ORA O8 UE 631 COLORADO 60631 COLORADO WELD COUNTY ZONING VIOLATION NOTICE Date: February 23, 1994 Violation Number: VI-2036 Name: Gerald and Beverly Slusher Address: 7938 Richard Street Fort Lupton, CO 80621 Legal Description: Lot 5, Block 4, Aristocrat Ranchettes, 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. There are two mobile homes located on the property without proper permits also there is a noncommercial junkyard located on the property without proper screening. A screening plan must be submitted and approved then installed around the noncommercial junkyard or the noncommercial junkyard must be removed and zoning permits must be applied for and issued for the mobile homes . 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 March 25, 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. �7 1f7.411- of Barry Kamer Building Inspection Technician 940351 ' INSPECTION REPORT NAME: Gerald and Beverly Slusher LEGAL DESCRIPTION OF PROPERTY: Lot 5, Block 4, Aristocrat Ranchettes, Weld County, Colorado. DATE: February 15 , 1994 CASE NUMBER: C93-78 The property was inspected to determine compliance. The property is not in compliance at this time. There is a noncommercial junkyard located on the property without proper screening and a mobile home without proper zoning permits. Barry Kramer Building Inspection Technician 940351 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 0 1400 N.17TH AVENUE GREELEY, COLORADO 80631 COLORADO September 24, 1993 Gerald and Beverly Slusher and Harry Himes 7938 Richard Street Fort Lupton, CO 8O621 Subject: C-93-78 Property located at Lot 5, Block 4, Aristocrat Ranchettes, Weld County, Colorado. Dear Mr. and Mrs. Slusher and Mr. Himes: 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 mobile home located on the property without proper zoning permit, a noncommercial junkyard not screened from adjacent property owners and road rights-of-way, and structures that do not meet appropriate offsets. Please call me within five working days of the date of this letter to review the concern with me. Sincerel , Ke urrent Planner j 940351 DATE: April 12, 1994 VIOLATION NUMBER: VI-2038 NAME: Gerald and Beverly Slusher ADDRESS: 7938 Richard Street Fort Lupton, CO 80621 LEGAL DESCRIPTION: Lot 4, Block 4, Aristocrat Ranchettes, Weld County, Colorado. CASE SUMMARY August 25, 1993 Property inspected. Property still in violation. September 22, 1993 Property inspected. Property still in violation. September 24, 1993 Five-day compliance encouragement letter issued. February 15, 1994 Property inspected. Property still in violation. February 23, 1994 Violation letter issued. March 30, 1994 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners . The noncommercial junkyard and mobile home without permits is a violation of Section(s) 31.2, 31.3 .9, 31. 2.16 of the Weld County Zoning Ordinance. To correct the violation a screening plan and zoning permit must be approved or the noncommercial junkyard and mobile home 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. 940351 ct ,„„) DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C• ON ORAO AVENUE GREELEY, COLORADO 80631 COLORADO WELD COUNTY ZONING VIOLATION NOTICE Date: February 23, 1994 Violation Number: VI-2038 Name: Gerald D. and Beverly J . Slusher Address: 7948 Richard Street Fort Lupton, CO 80621 Legal Description: Lot 4, Block 4, Aristocrat Ranchettes, Weld County, Colorado. The uses on the above described property are being considered as zoning violations of Section 31.2 and 31. 3.9 of the Weld County Zoning Ordinance. There is a noncommercial junkyard located on the property without proper screening. A screening plan must be submitted and approved then installed around the noncommercial junkyard or remove the noncommercial junkyard. 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 March 25, 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. 40t iC.l v1s/6<>1 Barry KYJamer Building Inspection Technician 9403r$1. • INSPECTION REPORT NAME: Gerald D. and Beverly J. Slusher LEGAL DESCRIPTION OF PROPERTY: Lot 4, Block 4, Aristocrat Ranchettes, Weld County, Colorado. DATE: February 15, 1994 CASE NUMBER: VI-1992 The property was inspected to determine compliance. The property is not in compliance at this time. There is a noncommercial junkyard on the property without proper screening. The noncommercial junkyard consists of derelict autos, miscellaneous junk, trash, and second hand building materials. Barry Kra r -���1 Building Inspection Technician pc: County Attorney' s Office 940351 tt OFFICE OF COUNTY ATTORNEY lot PHONE(303)356-4000 EXT.4191 • P.O. BOX 1948 I\ GREELEY,COLORADO 80632 COLORADO January 5, 1994 Mr. and Mrs . Slusher 7948 Richard Street Fort Lupton, CO 80621 RE : BCV-2015 and BCV-2016 Dear Mr. and Mrs . Slusher: I am in receipt of your letter requesting an extension of time in which to comply with the Weld County Building Code Ordinance. Please be advised that I will grant your request for an extension of time for compliance to, and including February 28, 1994 . Please be further advised that should you not be in compliance by that date, I will continue with legal action against you. If you have any questions on how to correct the violation, please call the Weld County Department of Building Inspections at 353-3845 . Very Truly yours , 27/ Lee D. Moz`rison Assistant County Attorney LDM/db / pc : Building Inspections v D nImo" !A�-� JAN 0 6 1994 Weld County Planning Hello