HomeMy WebLinkAbout940581.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION
AGAINST KENNETH KOCH AND THE ESTATE OF SHIRLEY KOCH 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, Kenneth Koch and the Estate of Shirley Koch, VI 112092, 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 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, Kenneth Koch, property owner, by letter dated May 27, 1994,
requested an extension prior to referral to the County Attorney for legal action
to allow him time to correct said Zoning Ordinance violation, and
WHEREAS, the Board of County Commissioners delayed referral of said
violation to the Weld County Attorney's Office until October 1, 1994, 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 by October 1, 1994.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that if said violation still exists on October 1, 1994, the
Weld County Attorney be, and hereby is, authorized to proceed with legal action
against Kenneth Koch and the Estate of Shirley Koch 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.
PLOB24
940581
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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: LeMetat
WELD COUNTY, COLORADO
Weld County Clerk to the Board Jp ( ���
�1 e , C airman
BY: -.511,1-at../,‘ L� rirl A ck y Q ,_.,
Deputy Clerk to the Board Dale . Ha , P o-,T-em4
AP AS TO FORM: 4,-« C. ( ;G�4
eorge, Baxter
County At ney Con tance. L. Harbert /
_milhe -
Barbara J. Kirkme er_other
940581
DATE: June 14, 1994
VIOLATION NUMBER: VI-2092
NAME: Kenneth Koch and Estate of Shirley Koch
ADDRESS: 5665 Weld County Road 3
Erie, CO 80516
LEGAL DESCRIPTION: The E2 of Section 6, T1N, R68W of the 6th P.M. , Weld County,
Colorado.
CASE SUMMARY
April 21, 1994 Five-day compliance encouragement letter issued.
April 29, 1994 Violation letter issued.
May 17, 1994 Property inspected. Property still in violation.
June 2, 1994 Internal Case Memorandum.
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) 31.2 and 31.3.9 of the
Weld County Zoning Ordinance. To correct the violation a screening plan must be
submitted, approved, 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 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.
940581
•
DEPARTMENT OF PLANNING SERVICES
WI ltitCige. PHONE (303) 3533845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 60631631 COLORADO
June 3, 1994
Kenneth Koch and Estate of Shirley Koch
5665 Weld County Road 3
Erie, CO 80516
Subject: VI-2092 Zoning Violation on a parcel of land described as E2 of
Section 6, T1N, R68W of the 6th P.M. , Weld, Colorado.
Dear Mr. Koch:
As of June 2, 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 consider
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
•
•
940581
INTERNAL CASE MEMORANDUM
TO: Case File FROM: Barry Kramer" C
NAME: Kenneth Koch
LEGAL DESCRIPTION OF PROPERTY: Part of the E2 of Section 6, T1N, R68W
of the 6th P.M. , Weld County, Colorado.
DATE: June 2, 1994
CASE NUMBER: VI-2092
Stopped by 5665 Weld County Road 3 and spoke with Kenneth Koch about the
zoning violation on his property. I pointed out what was of a concern to
the Planning Department regarding the noncommercial junkyard. Mr. Koch
stated as per his letter that he would need some time to bring the property
into compliance. I told Mr. Koch that he could request an extension of
time at the hearing with the Board of County Commissioners.
940581
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WELD COUNTY D' RTMENT OF PLANNING SERVICES' C TEN INQUIRY FORM
1400 -TH. 17TH AVENUE, GREELEY, C0L0k“d0 80631
PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978
❑ TELEPHONE /6 OFFICE FIRST INQUIRY? YES 0 NO DATE: =/Z- 77 /7
NAME: o‘ 11 PHONE It:
ADDRESS: 66C [/)re 3 L/ C c/
TYPE OF INQUIRY
❑ MHZP 0 SKETCH PLAN 0 MINOR SUB SKETCH PLAN
❑ ZPMH 0 PRELIMINARY PLAN 0 MINOR SUB FINAL PLAT
❑ RE 0 FINAL PLAT 0 ZONING
❑ AMENDED RE 0 RESUBDIVISION 0 ADDRESSING
❑ SE 0 FHDP 0 BUILDING PERMIT
❑ AMENDED SE 0 GHDP 0 SETBACKS/OFFSETS
O SITE PLAN REVIEW 0 USR 0 HOME OCCUPATION
❑ REZONING 0 AMENDED USR VIOLATION
O PUD SKETCH PLAN 0 USR MINING 0 OTHER
❑ PUD DISTRICT 0 USR MAJOR FACILITY 0
❑ PUD FINAL PLAT ❑ USR DISPOSAL SITE 0
PERSONNEL
O Keith Schuett .k[ Greg Thompson 0 Gloria Dunn 0 Todd Hodges
O Sharon White Fr Barry Kramer 0 Chuck Cunliffe 0
ITEMS DISCUSSED: C " 141 7
NC j yAgilf tJ sw ---
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AVAILABLE OPTIONS:
CONCERNS:
ACTION TO BE TAKEN:
Time spent /C---
Staff Member's Initials Cir7 `
940581
INSPECTION REPORT
NAME: Kenneth Koch and Estate of Shirley Koch
LEGAL DESCRIPTION OF PROPERTY: E2 of Section 6, T1N, R68W of the 6th P.M. ,
Weld County, Colorado.
DATE: May 17, 1994
CASE NUMBER: VI-2092
The property was inspected 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.
7-TZ
Barry Kramer
Building Inspection Technician
94058
•
•
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
111 D
C. 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
Date: April 29, 1994 Violation Number: VI-2092
Name: Kenneth Koch and Estate of Shirley Koch
Address: 5665 Weld County Road 3
Erie, CO 80516
Legal Description: E2 of Section 6, T1N, 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.
The noncommercial junkyard (derelict vehicles and junk) located on the property
without proper screening. To correct the violation the noncommercial junkyard
could be removed, a screening plan would need to be submitted to the Planning
Department for approval prior to installation, or the derelict vehicles could be
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 29, 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.
1
Barry' Kramer
Building Inspection Technician
940581
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DEPARTMENT OF PLANNING SERVICES
1p
PHONE(303)353.3345, EXT. 3540
Wi WELD COUNTY ADMINISTRATIVE OFFICES
140C• ON ORAAVENUEO631
GREELEY, COLORADO 80631
COLORADO
April 21, 1994
Kenneth Koch and Estate of Shirley Koch
5665 Weld County Road 3
Erie, CO 80516
Subject: C-94-71 Property located at part of the E2 of Section 6, TIN, R68W
of the 6th P.M. , Weld County, Colorado.
Dear Mr. Koch:
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 and junk) located on the property
without proper screening. 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,
Barry Kramer
Building Inspection Technician
94081
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