HomeMy WebLinkAbout940425.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION
AGAINST PATRICK AND SUE CUNNALLY 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, Patrick and Sue Cunnally, VI #2070, 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, Patrick and Sue Cunnally were not present or represented at said
hearing, although all parties were notified of said hearing by the 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 violation.
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 Patrick and Sue Cunnally 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.
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.
BOARD OF COUNTY COMMISSIONERS
ATTEST: aueWa4417
( WELD COUNTY, COLORADO
Weld County Clerk to the Board
. Webster, C airman
BY: < 1-1.(142, d 1 12X efm,__. 1
Deputy C( rk to the Board Dale Hall, P -T//
APPROVED AS TO FORM: L -_
Georgo,E. Baxter
EXCUSED
County Constance L. Harbert
A �!i .1 YA.- eie4
arbara J. Kirkmeye 4
PL0B24
/ : 'JrOpt r, A'fc_L y 940425
PLO DL-I
DATE: May 10, 1994
VIOLATION NUMBER: VI-2070
NAME: Patrick and Sue Cunnally
ADDRESS: 15253 Morris Avenue
Fort Lupton, CO 80621
LEGAL DESCRIPTION: Lot 5, Block 5, Aristocrat Ranchettes, Weld County,
Colorado.
CASE SUMMARY
March 16, 1994 Five-day compliance encouragement letter issued.
March 31, 1994 Property inspected. Property still in violation.
April 1, 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 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.
940425
4 Vt! ‘41tr
!, 44,
,, , DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353.3345. EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
Igige
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
April 27, 1994
Patrick and Sue Cunnally
15253 Morris Avenue
Fort Lupton, CO 80621-4115
Subject: VI-2070 Zoning Violation on a pa_cel of land described as Lot 5,
Block 5, Aristocrat Ranchettes, Weld Ccunty, Colorado.
Dear Mr. and Mrs. Cunnally:
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,
( , ••;44-44-44-1,
I
Barry Kramer
Building Inspection Technician
•
940425
. DEPARTMENT OF PLANNING SERVICES
PHONE(303) 353-3845, EXT. 3540
ip WELD COUNTY ADMINISTRATIVE OFFICES
C• EY,140 ON ORA O 8 631
UE
GREELEY, COLORADO 80631
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
Date: April 1, 1994 Violation Number: VI-2070
Name: Patrick T. and Sue K. Cunnally
Address: 15253 Morris Avenue
Fort Lupton, CO 80621-4115
Legal Description: Lot 5, Block 5, Aristocrat Ranchettes, 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 auto and junk) located on the property without
proper screening. To correct the noncommercial junkyard would need to be
removed, a screening plan would need to be submitted prior to the installation,
or the derelict auto could be brought up to a status where it 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 1, 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.
i r 74:6:27/0-?
Vii+
Barry Krr
Building Inspection Technician
940425
0:,cf/
I1; ' DEPARTMENT OF PLANNING SERVICES
WI ' PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140C. GREELEY, N. ORA O AVENUE
COLORADO 80637
COLORADO
March 23, 1994
Patrick T. and Sue K. Cunnally
15253 Morris Avenue
Fort Lupton, CO 80621-4115
Subject: C94-39 on a parcel of land described as Lot 5, Block 5, Aristocrat
Ranchettes, Weld County, Colorado.
Dear Mr. and Mrs. Cunnally:
The purpose of this letter is to summarize the different points which were
discussed during our conversation on March 23, 1994.
At this meeting we mutually agreed that the actions which need to be taken to
correct this violation are:
1. Remove or screen the noncommercial junkyard.
2. Remove, screen, or bring derelict vehicles up to a status where they
would not be considered derelict under the 1993 Zoning Ordinance.
If this office can be of any assistance in clarifying or answering further
questions concerning this matter, please call or write.
Respectfully,
LJ /car-:l«.f
Barry Kramer
Building Inspection Technician
940425
INSPECTION REPORT
NAME: Patrick and Sue Cunnally
LEGAL DESCRIPTION OF PROPERTY: Lot 5, Block 5, Aristocrat Ranchettes, Weld
County, Colorado.
DATE: March 31, 1994
CASE NUMBER: VI-2070
Inspected property to determine compliance. The property is not in compliance
at this time. There is a pile of used lumber on the northwest corner of the lot
and a derelict auto parked on the east side of the lot.
Barry Kramer
Building Inspection Technician
940425
t ;1`, DEPARTMENT OF PLANNING SERVICES
PHONE(303)353-31345, EXT. 3540
IB WELD COUNTY ADMINISTRATIVE OFFICES
C 1400 N. 7RA AVENUE
GREELEY,EY, COLORADO 80637
COLORADO
March 16, 1994
Patrick T. and Sue K. Cunnally
15253 Morris Avenue
Fort Lupton, CO 80621-4115
Subject: C-94-39 Property located on Lot 5, Block 5, Aristocrat Ranchettes,
Weld County, Colorado.
Dear Mr. and Mrs. Cunnally:
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 auto, miscellaneous junk, and second hand
building materials) located on the property without proper screening. These are
not uses 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,
eceimai
•
Barry Kramer
Building Inspection Technician
940425
Hello