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HomeMy WebLinkAbout941112.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST LOUIS AND BURTIS BFtANTNER/DOUGLAS ADAMS, TENANT, 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, Louis and Burtis Brantner, property owners, and Douglas Adams, tenant, VI #2135, 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 8th day of November, 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, Louis and Burtis Brantner, property owners, were present at said hearing and represented by Gene Branter, and WHEREAS, Douglas Adams, tenant, was also 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 thirty (30) days to allow adequate time for the property owners and tenant 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 (30) days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on December 13, 1994, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Louis and Burtis Brantner/Douglas Adams, tenent, 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. 941112 PL0824 VIOLATIONS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of November, A.D., 1994. ,��� BOARD OF COUNTY COMMISSIONERS ATTEST: J4LQWiwi? WELD COUNTY, COLORADO i / y ` ) Weld County Clerk to the Board( t� I{,f, W. H. Webster, hairman BY: k_ lJ�Qu EXCUSED DATE OF SIGNING (AYE) Deputy Clerk to the Board Dale K. all, Pro-Tern APPROVED AS TO FORM: ret_je eorge axter ounty Attorney Constance L. Harbert EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 941112 PL0824 DATE: November 3, 1994 VIOLATION NUMBER: VI-2135 NAME: Louis and Burtis Branter/Property Owner Doug Adams/Tenant ADDRESS: 1320 Branter Road 2170 Branter Road Greeley, CO 80631 Greeley, CO 80631 LEGAL DESCRIPTION: Pt of the SE4 of Section 30, T5N, R65W of the 6th P.M., Weld County, Colorado. CASE SUMMARY August 30, 1994 Five day compliance encouragement letter issued. September 12, 1994 Violation letter issued. October 3, 1994 Property inspected. Property still in violation. October 19, 1994 Property inspected. Property still in violation. October 20, 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 then installed around the noncommercial junkyard or the noncommercial junkyard would have to 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. 941112 \I, t;, la% DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-D345, EXT. 3540 ip C WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO October 20, 1994 Louis J. and Burtis Branter/ Property Owner Doug Adams / Tenant 1320 Branter Road 1270 Branter Rd Greeley, CO 80631 Greeley, CO 80631 Subject : VI-2135 Zoning Violation on a parcel of land described as Pt of the SE4 of Section 30, T5N R65W, of the 6th P.M., Weld County, Colorado. Dear : Mr. and Mrs. Branter As of October 19, 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, November 8, 1994, at 10:00 a.m. to consider this Zoning Violation. The property will be reinspected on November 7, 1994, to determine compliance and if the 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, � 7 Barry l er Buildin Inspection Technician 941112 INSPECTION REPORT NAME: Louis and Burtis Brantner/ owner Doug Adams/tenant LEGAL DESCRIPTION OF PROPERTY: Pt of the SE4 of Section 30, T5N, R65W of the 6th P.M.,Weld County, Colorado. DATE:October 19, 1994 CASE NUMBER: VI-2135 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. The noncommercial junkyard consists of derelict vehicles and junk. No screening plan has been. submitted to the Planning Department as of this date. ,[iva-rn--7 Ba Kramer Building Inspection Technician 941112 INSPECTION REPORT NAME: Louis and Burtis Branter: Property Owner Doug Adams: Tenant LEGAL DESCRIPTION OF PROPERTY: Part of the SE4 of Section 30, T5N, R65W of the 6th P.M. , Weld County, Colorado. DATE:October 3, 1994 rASE NUMBER: VI-2135 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. The noncommercial junkyard consists of derelict vehicles and junk. During my inspection I spoke with Mr. Adams about the Planning Department's concerns with the property. I informed Mr. Adams that if he intended to keep the vehicles and materials that are considered part of the Noncommercial Junkyard they would need to be screened from all-adjacent properties and public rights-of-way. Mr. Adams said that he would have a screening plan submitted as soon as possible. one picture was taken: Barry Kramer Building Inspection Technician 941112 I /tif Vsval DEPARTMENT OF PLANNING SERVICES PHONE(303)353x845. EXT. 3540 g WELD COUNTY ADMINISTRATIVE CFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 � WELD COUNTY COLORADO ZONING VIOLATION NOTICE Date: September 12, 1994 Violation Number: VI-2135 Name: Louis J. and Burtis Brantner Address: 1320 Brantner Road, Greeley, CO 80631 Legal Description: Part of the SE4 of Section 30, TSN. R65W 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, junk) is located on the property without property screening from adjacent properties and public rights-of-way. The noncommercial junkyard would need to be screened or removed. A screening plan would need to be submitted to the Planning Department for approval 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 October 12, 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 Kr er Building Inspection Technician pc: Doug Adams 1270 Brantner Road Greeley, CO 80631 941112 it,ra Tk. limmt DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EYT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES YC 17TH AVENUE GREELEY, COLOnADCa0o3t mile COLORADO August 30. 1994 Louis J. and Burtis Brantner 1320 Branter Road Greeley, CO 80631 Subject: C-94-143, Property located on part of the SE4 of Section 30, T5N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. Brantner: 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, miscellaneous materials, junk) 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, �/ (..e. 7 Barry Kramer Building Inspection Technician pc: Doug Adams 1270 Brantner Road Greeley, CO 80631 911a12 PARC TP : R PARCEL INQUIRY F MT YR: 1994 ATIIN022 PIN: 4026886 PARC: 096130400005 LAST UPDATE : 05/04/1988 BRANTNER LOUIS J & BURTIS ACTIVE ON: 09/16/1986 INACTIVE ON: / / MAP# : 1361 1320 BRANTER RD GREELEY CO 80631 TAX AREA 0630 . 083163 1993 DATE LAST ASSESS 04/22/1994 LAST ASSESS LAND 180 LAST ASSESS BLDGS 7700 4147 41 . 50 90 TOTAL LAST ASSESS 7880 4165 90 PRIOR YEAR ASSESS 7880 TOT LAND 180 REC DT DEED TP NUMBER WOL DOC FEE 0 . 00 4277 6540 4279 1160 13469 PT SE4 30 5 65 BEG AT A PT ON E LN OF SE4 TOT BLDGS 7700 SEC 30 WHICH IS 310 ' S OF NE COR THEREOF S2207 . 7 ' TOTAL VALUE 7880 PF3 : PROFILE PF5 :LEGALS PF7 :NEXT PARCEL PF11 :MENU PF4 : OWNERS PF6 :DOC HIST PF10 : PLOC PF12 :REAL MESSAGE: 941112 Hello