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HomeMy WebLinkAbout940768.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CLIFFORD DYER 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, Clifford Dyer, VI #2000, 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, Clifford Dyer, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to delay referral of said violation to the Weld County Attorney's Office for a period of six weeks to allow adequate time for the property owner 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 individual without further Board action if the subject property is not brought into compliance within six weeks. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on September 20, 1994, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Clifford Dyer 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 940768 Az) 2-S/ efi IDYr"2 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 OUNTY, COLORADO G ( Weld C unty er to the Board �� \,_)-1 W. H. Webster, Cha'rma BY: /cy 'LO' 17/4�-f��t. G• . Deputy Ole k to the Boar Da e K Hal , rm APPROVED AS TO FORM: ))) 4-7-4- ��- eo e Ff Baxter ounty o n Con tance L. Harbert arbara J. Kirkmey 940768 ( e2t,-) DATE: August 1, 1994 VIOLATION NUMBER: VI-2000 NAME: Clifford Dyer ADDRESS: 6314 West 10th Street, Greeley, Colorado 80631 LEGAL DESCRIPTION: The N2 NE4 of Section 9, T5N, R66W of the 6th P.M. , Weld County, Colorado. CASE SUMMARY July 26, 1993 Five day compliance encouragement letter issued. September 28, 1993 Violation letter issued. October 29, 1993 Internal Case Memorandum. February 14, 1994 Property inspected. Property still in violation. July 27, 1994 Property inspected. Property still in violation. July 28, 1994 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The semi-trailer storage, repair, and salvage is a violation of Section(s) 31.4.7, 31.2, 33.4.2, and 33.4.4.5 of the Weld County Zoning Ordinance. To correct the violation a Special Review permit would need to be applied for and approved or the semi-trailer storage, repair, and salvage 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. 940 76 8 ii_a , a(ff-,_,., et ':' , DEPARTMENT OF PLANNING SERVICES PHONE ;303) 353.3845. EXT. 3540 WELD COUNTY ADMINISTRATIVE C:-:CE5 yy , E. 1400 N. 17 HAVE:LE C GREELO !:53r COLORADO July 28; 1994 Clifford Dyer 6314 west 10th Street Greeley, CO 80631 Subject: VI-2000 Zoning Violation on a parcel of land described as N2 NE4 of Section 9, T5N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Dyer: The zoning violation on your property was referred to the County Attorney' s Office on February 14, 1994 but no legal action was authorized. As of July 27, 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, b / „4,4-/ Barry Kramer Building Inspection Technician 940768 INSPECTION REPORT NAME: Clifford Dyer LEGAL DESCRIPTION OF PROPERTY: N2 NE4 of Section 9, T5N, R66W of the 6th P.M. , Weld County, Colorado. DATE: July App, 1994 CASE NUMBER: VI-2000 Inspected the property to determine compliance. The property is not in compliance at this time. There is still the storage, repair, and salvage of semi-trailers being conducted on the property without permits. Barry Kr e Building Inspection Technician 940768 . DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Ile COLORADO February 14, 1994 Clifford Dyer 6314 West 10th Street Greeley, CO 80631 Subject: VI-2000, on a parcel of land described as part of the N2 NE4 of Section 9, T5N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Dyer: The zoning violation occurring on your property has been referred to the Weld County Attorney's office for legal action. We feel you have been given adequate time to attempt to remedy the violation. If this office can be of any assistance in clarifying or answering questions concerning this violation, please call or write. Sincerely, LL 6e / U14^cfz:f Barry Kramer Building Inspection Technician pc: County Attorney's Office 94076s DATE: February 14, 1994 VIOLATION NUMBER: VI-2000 NAME: Clifford Dyer ADDRESS: 6314 West 10th Street, Greeley, CO 80631 LEGAL DESCRIPTION: Part of the N2 NE4 of Section 9, T5N, R66W of the 6th P.M. , Weld County, Colorado. CASE SUMMARY July 26, 1993 Five day letter September 28, 1993 Violation letter issued. February 10, 1994 Property inspected. Property still in violation. February 14, 1994 Letter sent to property owner indicating that the violation case was referred to the County Attorney's Office. The semi-trailer storage, repair, salvage business is a violation of Section(s) 31.2 of the Weld County Zoning Ordinance. To correct the violation a Use by Special Review and a Site Plan Review must be approved or the business must be removed from the property. 940768 INSPECTION REPORT NAME: Clifford R. Dyer LEGAL DESCRIPTION OF PROPERTY: Part of the N2 NE4 of Section 9, T5N, R66W of the 6th P.H. , Weld County, Colorado. DATE: February 14, 1994 CASE NUMBER: VI-2000 Reinspected the property to determine compliance. The property is not in compliance at this time. There is still the storage of semi-trailers, repair and salvage business being conducted on the property. One picture was taken. Zkag 4i(/ 7 Barry Krame�l, Building Inspection Technician pc: County Attorney's Office 940768 INTERNAL CASE MEMORANDUM TO: Keith A. Schuett FROM: Gloria Dunn NAME: Cliff Dyer LEGAL DESCRIPTION OF PROPERTY: Part of the N2 NE4 of Section 9, T5N, R66W of the 6th P.M. , Weld County, Colorado. DATE: October 29, 1993 CASE NUMBER: VI-2000 Mr. Dyer visited me this a.m. I assisted him in the preparation of his Use by Special Review submittal. I advised him that a Change of Zone might be more appropriate for his property. 940768 Aleffil I1, ' DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140 N.C• RAAVENUE631 GREELEY, COLORADO 80631 COLORADO WELD COUNTY ZONING VIOLATION NOTICE Date: September 28, 1993 Violation Number: VI-2000 Name: Clifford R. Dyer Address: 6314 West 10th Street, Greeley, Colorado 80631 Legal Description: Part of the N2 NE4 of Section 9, T5N, R66W of the 6th P.M. , Weld County, Colorado. The uses on the above described property are being considered as zoning violations of Section 31.2 of the Weld County Zoning Ordinance. The present uses of your property (semi-trailer storage, repair, salvage) is not a use allowed by right in the A (Agricultural) zone district and not a use allowed by right in the C-3 (Commercial) zone district. 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 October 28, 1993, 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 . Schuet , Current Planner C 93-39 940768 DEPARTMENT OF PLANNING SERVICES I PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N RA AVENUE GREELEYEY, COLORADO 80631 COLORADO July 26, 1993 Clifford R. Dyer 6314 West 10th Street Greeley, CO 80631 Subject: C-93 - 39, Property located in part of the N2 NE4 of Section 9, T5N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Dyer: 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 semi- trailer storage, repair, salvage on property zoned A (Agricultural) and C-3 (Commercial) , (No Site Plan for existing uses) . Please call me within five working days of the date of this letter to review the concern with me. Sincerely, urrent Planner KAS/sfr pc: SPR-125 Ed Stoner, Lead Building Inspector g-G tit Id;dealt ea It N,, iaw „l -0�r 93 ��I �S� 940768 . 8 s129 AEC 02070966 09/25/86 15,28 $3.00 1/001 e( .` ' AR2070966 P 1151 MARY ANN FEOERST!IN CLERK A RECORDER WELD CO, CO O;'w•-- .• tutus all a kg thane f rsa ttts, That X ---......._........ ..................._._._....... ' • DYEACO FABRICATORS, INC. a Coxo>iad4...GO.rP.oxat..Gn._ . whose ain't addresses.600._5th.3breet_..__._."...City or TownoL_GreeleY w;t1 at • comity ot._._weld..._._.........._._, and State oL_._C414r3 firl._._.._._..._.._.._......_._ _._.._..for the • t'. , ldendonof other valuable con eraflAn.aid.Ten M1Y�'0' c .:... CLhPOAD R DYER 'm�,h • In head pall.hereby sen(a)and convey(s)to............. ..._.........'..._..._....._._.._ • '• 1-• whosestreetsddny1ar6314 \I!et. lPh_St. .C.*�_._GreeleL•_"___..._.____, 1 "•' .. ..a..the State of_...COlOrado ...the -(1 . .4 • _.e'git . . following real property In the Canty of. Weld _..._._._.__and State of Colorado. �y,. tint,: - • Approximately seventeen acres, more as lees, which is that part of • ;.it!';;i the N1 of the NEh of Section 9, Township 5 North, Range 66 West of '-a,'e.t, • - • the 6th P.M., beginning 768 feet East of the North Quarter Corner, ,'+rs. South 1160 feet, East 1292 feet, North 500 feet, West 1160 feet, '.. North 660 last, fleet 132 feet to the point of beginning. Being a ,� i� �{ part of Tract 14, County of Weld, state of Colorado, also known as " r.},;:+ ' 6310 10th strut, Greeley, Colorado. • Ci+ yes". known as 6310 West 10th street, Greeley, Colorado 80634. ""S4— ',sat,-;,-1',7 .. ,v • i - with all its appurtenance.and wamnt(e) the Nth to the same,aobled ta.1983...tax..asaessmant . deeds of trust and rights of way, if any. - " t:b tlpted thsro C2. day oL.., 6 _...._.._..... ....... ._......,A.D. so..06..... k+.y. �CA7 , the Pawnee m>< ST .' A•r N tl 4'; 1 4t":”.N...r� ' . ",mss ': ../ # 171 P'reildbet m • .f 1. ATTEST, . - �: 411‘110.11a� e. Secretary F, x . ----^111 + ; . { .: IoN •. CP Is 8TATDIVRY ACQ70wvn a E •••••• „onions/4,4, STATE OP COLORADO, "„0� _ r• 1 4PK,,,Siif'C>sL Como of Weld..__`..__..._._._.._ • '+,'. 4.:, J we %5:e.{'y The foregoing instrument was acknowledged before me this ':•Z 4tnekieffratEdsking ,.t7 t t*C•14 r t s By_...S t4......R..AICOr�de.PiRBl __...._._..._.._....._.__._. 1926. ,r. A°•9:t �0 it My emmWlm and trial saaL mux a Q'rlorado 07xporaticv, e'•,,,: . "y'aq OFnN,cot' 11"P N. Nona Pabut - ...e'1°.�‘ ..Is4c_�e...:to..uv..t. "ln.._t+a�a*u�....�'.u..S1a.70 Address y IY.. FgtnN yeMM '^T1• Nle,► u My.it: ON.'" MW W Aee� ►nee tae aaY•area WARRANTY ON.'" Arvrm.r rse►ruse ow e,ea nt C.I.swoon or..sew w ,awe • , f`;i 94()tica PARC TP: R PARCEL INQUIRY ASSMT YR: 1997 ATIINO22 PIN: 198"86 PARC: 095909100004 LAST UPDATE: 06/09/1997 DYER CLIFFORD R ACTIVE ON: 09/ 16/1986 INACTIVE ON: / / MAP#: 1280 6714 W10 ST GREELEY CO 80674 TAX AREA 0608 . 082976 1992 DATE LAST ASSESS 04/19/199 LAST ASSESS LAND 22110> LAST ASSESS BLDGS 77660 1112 1900 TOTAL LAST ASSESS 95770 21.35 20210 PRIOR YEAR ASSESS 94180 TOT LAND 22110 REG DT 09/25/1996 DEED TP WD NUMBER 1 129 02070966 WOL N 1212 8700 DOC FEE 0.00 "Y2^0 11020 227.5 522,:,n 17425 PT N2NE4 9 5 66 BEG 760 'E OF N4 COR S1160 ' TOT BLDGS 71520 E1292 ' N500 ' W1160' N660' W172' TO BEG (TR 14) EXC TOTAL VALUE 9=630 PF7: PROFILE PF5:LEGALS PF7:NEXT PARCEL PF11 :MENU F'F4: OWNERS PF6:DOC HIST PF10: PLOC PF12: REAL MESSAGE: MB- a o-o001 01/016 940768 Hello