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Home My WebLink About940769.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MELBA DISTEL 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, Melba Distel, VI 112109, 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 9th day of August, 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 and Thomas Distel, representatives of the property owner, were present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to require the property owner to submit a Screening Plan to the Department of Planning Services no later than August 23, 1994; and with approval and completion of said Plan required by November 1, 1994, and WHEREAS, if said Plan is not submitted, approved and completed by the abovestated dates, the Board will proceed with legal action against the above named individual without further Board action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said Screening Plan is not submitted to the Department of Planning Services by August 23, 1994, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Melba Distel 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. BE IT FURTHER RESOLVED by the Board, that if said Screening Plan is not approved and completed by November 1, 1994, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Melba Distel 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 940769 L7) S7,72-V &! PL; G/1; /$/ VIOLATIONS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, C LORADO //pp' Weld Con� ote Z IAA 6 ' W. H. Webste , Chairma BY: / { de.._/411,4_,4/2(ry\ J Deputy Clerk to the Board ) Dale Hall, Pro- m /J APPROVED AS TO FORM: /// � , /g/6-4 e fge E/'Baxter l STact<linde County Atterne Constance L. Harbert arALA �/ % A9241�r�r bara J. Kirkmey 940769 /,23 DATE: August 1, 1994 VIOLATION NUMBER: VI-2109 NAME: Melba Distel ADDRESS: 1443 Weld County Road 20-1/2 LEGAL DESCRIPTION: NE4 NW4 NW4 NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. CASE SUMMARY May 16, 1994 Five day compliance encouragement letter issued. May 23, 1994 Conversation with property owner. June 1, 994 Violation letter issued. June 21, 1994 Property inspected. Property still in violation. June 28, 1994 Property inspected. Property still in violation. July 26. 1994 Property inspected. Property still in violation. July 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 to the Planning Department for approval 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. 940769 DEPARTMENT OF PLANNING SERVICES S� PHONE 1303) 353-a345, EXT. 3540 ` WELD COUNTY ADMINISTRATIVE OFFICES :ea,,; _ 1400 N. 17TH AVENUE + pen GREELEY. COLORADO 30631 • COLORADO July 27, 1994 Melba Distel 1443 Weld Country 20 1/2 Longmont, CO 80501 Subject: VI-2109 Zoning Violation on a parcel of land described as NE4 NW4/NW4 NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mrs. Distel: As of July 26, 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, August 9, 1994 at 10:00 a.m. to consider this Zoning Violation. The property will be reinspected on August 8, 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 Kraifler Building Inspection Technician • 940769 INSPECTION REPORT NAME: Melba Distel LEGAL DESCRIPTION OF PROPERTY: NE4 NW4/NW4 NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. DATE: July 26, 1994 CASE NUMBER: VI-2109 Inspected property to determine compliance. The property is not in compliance at this time. There is still a noncommercial junkyard located on the property without proper screening. Some orange plastic snow fence has been installed along the east side of the property but I don't feel this is adequate to screen the material behind it and no screening plan has been submitted to the Planning Department for approval. Barry Kramer Building Inspection Technician 940769 INSPECTION REPORT NAME: Melba Distel LEGAL DESCRIPTION OF PROPERTY: NE4 NW4/NW4 NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. DATE: June 28, 1994 CASE NUMBER: VI-2109 Stopped by the property and spoke with Mr. Distel regarding the zoning violation. Mr. Distel said that they had removed two of the old cars and were working on removing a few more, also they were installing some orange snow fence for screening on the east side of the property. I asked Mr. Distel to make a drawing of his property including the screening he was installing with a letter explaining the materials he was going to use and how the screening was going to be built and I would give it to the Planning staff for review. Barry :4;;;;Zr Building Inspection Technician 940769 INSPECTION REPORT NAME: Melba Distel LEGAL DESCRIPTION OF PROPERTY: NE4 NW4/NW4 NE4 of Section 17, T2N, R6BW of the 6th P.M. , Weld County, Colorado. DATE: June 21, 1994 CASE NUMBER: VI-2109 Inspected property to determine compliance. The property is not in compliance at this time. There is a noncommercial junkyard (derelict vehicles and junk) located on the property without proper screening. It looks as though no progress have been made since this violation case was started. nt y� Barry Kram3/ Building Inspection Technician 940769 Ariin DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3945. EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES fe 1400 N. 17TH AVENUE GREEL EY, COLORADO 80631 COLORADO WELD COUNTY ZONING VIOLATION NOTICE Date: June 1, 1994 Violation Number: VI-2109 Name: Melba Distal Address: 1443 Weld County Road 20 1/2 Longmont, CO 80501 Legal Description: NE4 NW4/NW4 NE4 of Section 17, T2N, R68W of the 6th P.M. , 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 vehicles and miscellaneous junk) located on the property without proper screening from adjacent properties and public rights- of-way. 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 July 1, 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 940769 INTERNAL CASE MEMORANDUM TO: Case File FROM: Barry Kramer /77)/1C— NAME: Melba Distel LEGAL DESCRIPTION OF PROPERTY: NE4 NW4/NW4 NE4 of Section 17, T2N, R68W of the 6th P.M. , Weld County, Colorado. DATE: May 23, 1994 CASE NUMBER: C-94-87 Mrs. Distel's son called regarding the zoning violation on the property located at 1443 Weld County Road 20 1/2. Mr. Distel said that most of the vehicles run but that some of them are used only on the farm and do not have license plates. I asked Mr. Distel to set up an appointment with me to go through the property and discuss what is being considered part of the noncommercial junkyard. Mr. Distel said that he would discuss it with his brother and get back with me. 940769 4:its 1\,, f DEPARTMENT OF PLANNING SERVICES iy • PHONE(303) 3533845. EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Mav 16, 1994 Melba G. Distel 1443 Weld County Road 20 1/2 Longmont, CO 80501 Subject: C-94-87 Property located at NE4 NW4/NW4 NE4 of Section 17, T2N, R68W of the 6th P.M. . Weld County, Colorado. Dear Ms. Distel: 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, junk. and miscellaneous materials) located on the property without proper screening from adjacent properties and public rights-of-way. 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, / Barr; Kramer Building Inspection Technician 940769 , ( RARE TP: u PARCEL INQUIRY A3SMT YR: 1994 ATIINC22 IN: ®72. RAPC: 131317000057 LAST UPDATE: C4/ t9/ [994 DI ISPE _32 MF_EaD ACTIVE ON 09 /t / 1,4a6 L e � - INACTIVE ON: ` Z MAP4i :a22 [4112 WELD zE 92 20- 22 S]MCMCM7 EE 3050: 4117 43.04 44'0 TAX AREA ` 303 . 08g40s :997 �� DATE LAST ASSESS ?4/222t994 4147 5. 00 - 0 LIST ASSESS LAND 239 7. 00 10 40 4167 _\ST Assess 9LESS ]{0(, 7_ 4130 ° 0 5120 73. 00 28740 , RTAL L3 �24A GT ASSESS /( :sR 7r-;R ASSESS :103 '2940 0 -07 LAND FEC D @3/ !0/21 DEED TP RITL NEM[ER 5420 0156232! WCL E q9 3 4277 618 2r)7 -EE C 42E0 1799 25168 NEINW'/NW4NE4 17 2 � . % E2SE4NW4 ALSO PT TOQ BLDGF 8100 SW4NE4 335 25 'N 02 LEN OF SEC NOD35 'E .250 ' TOTAL VALUE 42040 PF7:NEXT PARCEL P2. 1 : MFNE pFs; PROFILE PFS; LEGALS PF: ;P§AE FF" : OWN . E RS PF6: OC H:ST PF:0: PLOc - MESSAGE: 3 ©'007 at '9: 0 2 a 940769 o ...... A a1%. 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N 0"35 E. along ' or less, to the 3lCy r/oh line of the Chicago, nnggtton 1 Quincy ILL, Lyons Bronco (previously B. N,l.f.); th. 8. 511 along the any r/eh line ft., more or less, to the intersection of said r/ohs ne of the Chicago, Burlington & Quincy R.R. with the " . line of the county rood; th. V along the N riot's of the y road 316 ft., more Or less, to the pt. of beg.; id parcel being that certain described land conveyed . 0 The Greet Western Sugar Co. by deed dated 8/23/06, ad recorded 9///05, in Bk. 221 at Pg. 355 in the office Of the Recorder of Weld Gounty, Colo. Also, All that ,.;4i is rt of the SE} of the NW} of said Sec. 17, more perticu- Zr .-! rly described as follows: Beg, at a pt. on the N and ofsaidr line of Sec.; th. Nid al3ong. 17,said Mncenter and S centerline off id Elec., 250 ft., more or less, tO tits pt. ter- _. , v ection with the Srly r/oh line of the Chicago, Burlin3 .s •k on & Quincy R.R. Co.; th. along said A.R. Co. r/o/a 51c21, W 379.3 ft. to e pt.; th. 8 along the g line .'. . parcel of that'n tern SugariCo n Trt ct or o Melvin I Longfellow by deed The dated /17/48. recorded 4/'22/49, in Bk. 1246 at Pg. 96, of the • County records, a distance of 51.0 ft.; th, on the line extended 3 and parallel with the I line of said — 164.5 rt. to a pt.j th. Slily 400 ft., more or less, o the pt. of beg.. No rater, water rights, ditch rights -' or rights to use of water are included in this deed, or otherwise; with all its appuriWnceei held in Joint tenancy with Melba Once Diatel, aka Melba 0. Distal. �`. 4 --C - ' Dated at Deaver,Colorado. Doss W. Dona. aawwv Omni et reel- ,.. _,_,__..-_....._....Psbsuar9...15 19__71 . . , -. i. NON—That err at r asses+ r n..r...l So Se r .r �rw es me err le • i Sidi wb e,gedb r rte,wa .2, :`f: ":_S 940 f - EXHIBIT \\zaiocS 940769 ,,� - - - - - • = EXHIBIT 940769 I I l�.. . . • • • Ow, • EXHIBIT 210'cI. • 940769 Hello