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HomeMy WebLinkAbout940579.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ROBERT AND CAROLYN WELTER 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, Robert and Carolyn Welter, VI 1/2086, are allegedly in violation of the Weld County Zoning Ordinance, 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, Robert and Carolyn Welter, property owners, were present at said hearing, and WHEREAS, the Board of County Commissioners delayed referral of said violation to the Weld County Attorney's Office for a period of sixty 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 sixty days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on August 15, 1994, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Robert and Carolyn Welter 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 940579 AzczaV c'_C ; (2/f; Pe; cue('rn1 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: Milatiet WELD OUNTY, CO ORA9O Weld County Clerk to the Board 1 We ster, Cha' man ��-��BY: l UL(th K_ hTtiQ. i,_, Deputyi lerk to the Board Dale Z. Hall, Pro- em D AS TO FORM: / �- George . Baxter County Attorne4 Constance L. Harbert n Barbara J. Kirkm er 940579 1p() Aar) DATE: June 14, 1994 VIOLATION NUMBER: VI-2086 NAME: Robert and Carolyn Welter ADDRESS: 4610 Grand Canyon Greeley, CO 80634 LEGAL DESCRIPTION: Lots 20 and 21, Block 7, Hill-N-Park, Second Filing, Weld County, Colorado. CASE SUMMARY April 13, 1994 Five-day compliance encouragement letter issued. April 26, 1994 Violation letter issued. May 17, 1994 Property inspected. Property still in violation. May 31, 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) 32.6.2 of the Weld County Zoning Ordinance. To correct the violation 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. 940579 4 PO4' r` DEPARTMENT OF PLANNING SERVICES 1 PHONE 3031353. c5. EYT. 35 WE_L; OCUNTY ACMIN!STRATIVE OFFiCEE 140 N. O AVENIc G REE.`E.1 OCLO RACO dC53' • COLORADO June 3, 1994 Robert and Carolyn Welter 4610 Grand Canyon Greeley, CO 80634 Subject: VI-2086 Zoning Violation on a parcel of land described as Lots 20 and 21, Block 7, Hill-N-Park, Weld County, Colorado. Dear Mr. and Mrs. Welter: As of May 31, 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 ccnsider 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, Barry Kramer Building Inspection Technician 940579 INTERNAL CASE MEMORANDUM TO: Case File FROM: Barry Kramer t/` - NAME: Robert and Carolyn Welter LEGAL DESCRIPTION OF PROPERTY: Lots 20 and 21, Block 7, Hill-N-Park, Weld County, Colorado. DATE: May 31, 1994 CASE NUMBER: VI-2080 Stopped by the property to talk to Mr. and Mrs. Welter about the zoning violation on there property. Mr. and Mrs. Welter were not home but I left a business card with there son and asked him to have them call me. 340579 INSPECTION REPORT NAME: Robert John and Carolyn Pearl Welter LEGAL DESCRIPTION OF PROPERTY: Lot 20 and 21, Block 7, Hill-N-Park, Weld County, Colorado. DATE: May 17, 1994 CASE NUMBER: VI-2086 The property was inspected to determine compliance. The property is not in compliance at this time. There is a noncommercial junkyard (derelict vehicles) located on the property. A screen has been built to hide the derelict autos, however, in a R-5 (Residential) zone district this is not allowed, also there were three derelict autos outside of the screened area. Two pictures taken. 11-y-& :. Barry Kramer Building Inspection Technician it 144' I tt mot k-Analliare � ' r 940579 , ,,,,„,,, ,, DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845- EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICcc C 140 N. O17RAAVENUEO 53i GREELEY,ICOLORADO CES COLORADO WELD COUNTY ZONING VIOLATION NOTICE Date: April 26, 1994 Violation Number: VI-2086 Name: Robert John and Carolyn Pearl Welter Address: 4610 Grand Canyon Greeley, CO 80634 Legal Description: Lots 20 and 21, Block 7, Hill-N-Park, Weld County, Colorado. The uses on the above described property are being considered as zoning violations of Section 32.6.2 of the Weld County Zoning Ordinance. A noncommercial junkyard (derelict autos) located on the property. To correct the violation the derelict autos could be removed, enclosed in a building, or brought up to a status where they would not be considered derelict under the 1993 Zoning Ordinance. 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 May 26, 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. .T . /,,/ nom . Barry Kramer Building Inspection Technician • 9495'''9 11,Aft ‘'' �r k IR DEPARTMENT OF PLANNING SERVICES PHONE (303) 353• 45, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES WI C. 1400 N. 17TH AVENUE GREELEY. COLORADO 80631 COLORADO April 13. 1994 Robert John and Carolyn Pearl Welter 4610 Grand Canyon Greeley, CO 80634 Subject: C-94-62 Property located at Lot 20 and 21, Block 7, Hill-N-Park, Second Filing, Weld County, Colorado. Dear Mr. and Mrs. Welter: 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 autos) located on the property. This is not a use allowed by right in the R-5 (Residential) zone district. Please call me within five working days of the date of this letter to review the concern with me. Sincerely, / l% /.S:::c,e Barry Kramer Building Inspection Technician 9405"-,'9 Hello