HomeMy WebLinkAbout940432.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION
AGAINST NORMA AND JULIE NAKAMOTO 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, Norma and Julie Nakamoto, VI #2075, 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 10th day of May, 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, the property owners were not present or represented; however, they
recently submitted a site plan to the Department of Planning Services, and
WHEREAS, upon recommendation of Planning staff, the Board of County
Commissioners delayed referral of said violation to the Weld County Attorney's
Office for a period of thirty 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 thirty days.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that if said violation still exists on June 10, 1994, the Weld
County Attorney be, and hereby is, authorized to proceed with legal action
against Norma and Julie Nakamoto 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.
940432
VIOLATIONS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 10th day of May, A.D. , 1994.
LIM444 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, C LORADO
Weld County Clerk to the Board `' / d/t,/�'��,i1C/C/
r--/I W. . Webste Chai an
BY: S lLOE& L/ A .Ltc
Deputy C4 rk to the Board Dal K. Hall, Pr em f
IOV : Z&. Baxter
CAUSED
County Atto ney Constance L. Harbert
Barbara J. Kirkmey r
940432
DATE: May 10, 1994
VIOLATION NUMBER: VI-2075
NAME: Norma and Julie Nakamoto
ADDRESS: 625 S. Broadway
Fort Lupton, CO 80621
LEGAL DESCRIPTION: SW4 NW4 of Section 32, T2N, R65W of the 6th P.M. , Weld
County, Colorado.
CASE SUMMARY
March 18, 1994 Five-day compliance encouragement letter issued.
March 23, 1994 Internal case memorandum.
March 24, 1994 Internal case memorandum.
April 6, 1994 Violation letter issued.
April 27, 1994 Letter sent to property owner indicating that the violation
case was scheduled before the Board of County Commissioners.
The storage of materials and commercial salvage yard is a violation of Section(s)
33.4.2 and 33.4.5 of the Weld County Zoning Ordinance. To correct the violation
a Use by Special Review permit and a Site Plan Review must be submitted and
approved or the salvage and storage of materials 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.
940432
INTERNAL CASE MEMORANDUM
TO: Case File FROM: Greg Thompson, Current Planner
DATE: May 5, 1994
CASE NUMBER: VI-2075
Mr. Nakamoto stopped in today to discuss his property and the letter he had
received concerning the violation hearing. I indicated Mr. Gonzales came
by our office with a rough draft of the narrative for the Site Plan Review.
I also told Mr. Nakamoto we needed an application for the whole lot, the
application fee would be $547.50 and they should provide a deed for the
property as part of the application. Additionally, if they are unable to
file a complete application by May 10, 1994, they should be at the
violation hearing.
940432
INTERNAL CASE MEMORANDUM
Greg Th
ompson,Case File
FROM: Thom son, Current Planner6'
DATE: May 4, 1994
CASE NUMBER: VI-2075
Mr. Rafael Gonzales and his daughter stopped in to have me examine and
offer suggestions for their proposed Site Plan Review narrative. I made
suggestions and asked for a copy of a deed to determine if a subdivision
violation exists on the property. I told Mr. Gonzales the Site Plan Review
application would need to include the entire parcel.
940432
t4;\
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140CI
•
ON ORA O 8 Ur
631
GREELEY, COLORADO 60631
•
COLORADO
April 27, 1994
Norman and Julie Nakamoto
625 S. Broadway
Fort Lupton, CO 80621
Subject: VI-2075 Zoning Violation on a parcel of land described as SW4 NW4
of Section 32, T2N, R65W of the 6th P.M. , Weld County, Colorado.
Dear Mr. and Mrs. Nakamoto:
The property referenced above remains in violation of the Weld County
Zoning Ordinance. I have scheduled a meeting with the Board of County
Commissioners on Tuesday, May 10, 1994 at 10:00 a.m. to consider the Zoning
•
Violation occurring on your property. This meeting 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.
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
•
940432
CITIZEN INQUIRY FORM
❑ TELEPHONE q OFFICE FIRST INQUIRY? ❑ YES C NO DATE
/
NAME: K-4 ,'- a C4 Lam! ! PHONE #
ADDRESS:
TYPE OF INQUIRY
❑ MHZP 0 SKETCH PLAN 0 ZONING
❑ ZPMH 0 PRELIMINARY PLAN 0 ADDRESSING
❑ RE 0 FINAL PLAT 0 BUILDING PERMIT
❑ AMENDED RE 0 RESUBDIVISION 0 SETBACKS/OFFSETS
❑ SE 0 FHDP 0 HOME OCCUPATION
g SPR 0 GHDP 0 VIOLATION
/❑ COZ 0 USR 0 OTHER
O PUD SKETCH PLAN 0 AMENDED USR 0
❑ PUD DISTRICT ❑ USR MINING 0
❑ PUD FINAL PLAT 0 USR MAJOR FACILITY 0
0 USR DISPOSAL SITE
PERSONNEL
❑ Keith Schuett 'Greg Thompson 0 Gloria Dunn 0 Todd Hodges
O Sharon White �fd00Barry Kramer 0 Chuck Cunliffe 0
ITEMS DISCUSSED: V))S2 rG -2 �//o ) � z"S
Qf N v („077," /J/ / rcccn..... 7—
le_ 5/ 1‘).5,1-
AVAILABLE OPTIONS: to f�' Ov ^�1 £ Atw'^-0fo
C_ c- IOC, S a 2 S
14 Ito
,r• f� /� $ i w•, /74-, o/ A
CONCERNS: , / w� `5 1 ALA C✓� .^tatty /^
.7
ACTION TO BE TAKEN:
r
2 - ‘/ 0O
/ 0 O Staff Member's Initials
(� 940432
C1/4
atrail
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353.3545, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
ON. ORA O AVENUE
o GREELEY, COLORADO 80631
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
Date: April 6, 1994 Violation Number: VI-2075
Name: Norma and Julie Nakamoto
Address: 625 S. Broadway
Fort Lupton, CO 80621
Legal Description: SW4 NW4 of Section 32, T2N, R66W of the 6th P.M. , Weld
County, Colorado.
The uses on the above described property are being considered as zoning
violations of Sections 33.4.2 and 33.4.5 of the Weld County Zoning Ordinance.
A commercial junkyard, salvage, and vehicle storage in the C-3 (Commercial) zone
district without a Use by Special Review permit or a Site Plan Review.
To correct the violation a Use by Special Review permit or a Site Plan Review,
depending on the use of the property, would need to be issued or the junkyard,
salvage, and vehicle storage would need to be removed.
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 6, 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.
��,.vcv-
Barry Itramer
Building Inspection Technician
940432
INTERNAL CASE MEMORANDUM
TO: Case File FROM: Greg Thompson, Current Planner 6 -
NAME: Norma and Julie Nakamoto
LEGAL DESCRIPTION OF PROPERTY: Part of SW4 NW4 of Section 32, T2N, R66W
of the 6th P.M. , Weld County, Colorado.
DATE: March 24, 1994
CASE NUMBER: C 94-45
I spoke with the tenant on Mr. Nakamoto's property this morning and
provided the tenant with a Site Plan Review procedural guide as well as a
Use by Special Review procedural guide. If the tenants wish to continue
the present use of a commercial junkyard on the property, the/need to file
a Use by Special Review. They asked whether they could utilize the
property to park their onion trucks ont he site. I told them with C-3
zoning, this use would require a Site Plan Review if this was the only use
on-site.
This afternoon, Minerva Gonzales called and inquired about the Use by
Special Review application. I answered several questions she had about the
procedure.
940432
INTERNAL CASE MEMORANDUM
TO: Case File FROM: Greg Thompson, Current Planner ‘-r-
NAME: Norman and Julie Nakamoto
P4-
LEGAL DESCRIPTION OF PROPERTY: Ike SW4 NW4 of Section 32, T2N, R66W of
the 6th P.M. , Weld County, Colorado.
DATE: March 23, 1994
CASE NUMBER: C94-45
I spoke with Mr. Nakamoto today concerning the potential noncompliance with
the Weld County Zoning Ordinance on the above-mentioned parcel. According
to Mr. Nakamoto, he was unaware of the number of autos and accumulation of
material on the site. Mr. Nakamoto indicated Mr. Gonzales is renting the
property. I informed Mr. Nakamoto under C-3 (Commercial) zoning, a Use by
Special Review permit would be required for the uses such as a commercial
junkyard presently on this property. I also informed him a Site Plan
Review would be possible, if the uses were in conformance with the Zoning
Ordinance.
940432
t ° DEPARTMENT OF PLANNING SERVICES
Wimp
PHONE (303)353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140Ci ON ORA O AVENUE
GREELEY, COLORADO 8063
COLORADO
March 18, 1994
Norma and Julie Nakamoto
625 S. Broadway
Fort Lupton, CO 80621
Subject: C-94-45 Property located on the SW4 NW4 of Section 32, T2N, R66W of
the 6th P.M. , Weld County, Colorado (130932000020) .
Dear Mr. and Mrs. Nakamoto:
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 commercial
junkyard, salvage yard, and vehicle storage located on the property without
proper zoning permits.
Please call me within five working days of the date of this letter to review the
concern with me.
Sincerely,
Barry Kramer
Building Inspection Technician
940432
Hello