HomeMy WebLinkAbout931078.tiffFINDINGS AND RESOLUTION
RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF ALVIN AND ABRAHAM
GARCIA, DBA GARCIA STORE, FOR RENEWAL OF 3.2% BEER LICENSE
WHEREAS, the application of Alvin and Abraham Garcia, dba Garcia Store,
1517 North 25th Avenue, Greeley, Colorado 80631, for a 3.2% Beer License, came
on for hearing on the 20th day of October, 1993, at 9:00 a.m., and the Board of
County Commissioners of Weld County, Colorado, having heard the testimony and
evidence adduced upon said hearing, and having considered the testimony, evidence
and remonstrances filed with said Board, and having carefully weighed the same,
now makes the following findings:
1. The evidence discloses that the applicant has sustained the burden
of proof as to the late filing of his application, and the reasons
given do fit the criteria as listed by the Board of County
Commissioners.
2. The applicant has shown proof of applying for an appeal to the Board
of Adjustment of the Planning Department's administrative
determination that a Use by Special Review is needed as an expansion
of a non -conforming use, which case will be heard on December 9,
1993.
RESOLUTION
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, the Board
Garcia, dba Garcia Store,
renewal of a 3.2% Beer
containing not more than
premises only, and
has considered the application of Alvin and Abraham
1517 North 25th Avenue, Greeley, Colorado 80631, for
License, for the sale of fermented malt beverages,
3.2% of alcohol by weight, for consumption off the
WHEREAS, said applicant has paid to the County of Weld the required renewal
fee of $57.50, and
WHEREAS, due to the Findings of the Board of County Commissioners in this
matter, as stated herein, the Board deems it advisable to renew said 3.2% Beer
License for Alvin and Abraham Garcia, dba Garcia Store, contingent upon the
applicant either receiving a successful appeal or a Special Review Permit for
expansion of a non -conforming use.
11 r r 2
lit : 57HTE, G-,gAL .'q
931078
RE: 3.2% BEER LICENSE - GARCIA STORE
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Weld County, Colorado, having examined said application, the qualifications of
the applicant, and the testimony of those present at the hearing, does hereby
approve the renewal of the 3.2% Beer License, issued to Alvin and Abraham Garcia,
dba Garcia Store, for the sale of fermented malt beverages, containing not more
than 3.2% of alcohol by weight, for consumption off the premises only, for the
reasons given and with the condition stated herein.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 20th day of October, A.D., 1993.
ATTEST:
aselin
Weld County Clerk to the Board
BY: A %�/ Gt iA)
Deputy AC erk to the Board
APPROVED AS TO FORM:
my Atto n
BOARD OF COUNTY COMMISSIONERS
WECOUNTY, COLORADO
Constance L. rbert, Chaa'rman
W. Webste , P-Tem/J
orget. Baxte;
Dale K. Hall
� ±i
Barbara J. Kirkmeyer
931078
HEARING CERTIFICATION
DOCKET NO. 93-80
RE: APPLICATION TO RENEW 3.2% BEER LICENSE - ALVIN AND ABRAHAM GARCIA,
DBA GARCIA STORE
A public hearing was conducted on October 20, 1993, at 9:00 A.M., with the
following present:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
The following business was transacted:
I hereby certify that pursuant to a notice dated September 29, 1993, and
duly published October 7, 1993, in the Windsor Beacon, a public hearing
was conducted to consider whether or not the 3.2% Beer License issued to
Alvin and Abraham Garcia, dba Garcia Store, shall be renewed. Lee
Morrison, Assistant County Attorney, made this a matter of record and
stated at issue is whether or not the applicant has complied with the
Colorado Beer Code. He stated there is a preliminary issue regarding late
renewal and read the Board's Resolution listing the acceptable reasons for
late renewal. Mr. Morrison explained there initially was a concern as to
whether or not there needed to be a Change of Premises, regarding which
Bruce Barker, County Attorney, determined from the State licensing
authority was not necessary. The other issue is a question of compliance
with the Weld County Zoning Ordinance. The applicant has applied for an
appeal to the Board of Adjustment of the Planning Department's
administrative determination that a Special Review Permit is needed as an
expansion of a non -conforming use, which case will be heard on December 9,
1993. Mr. Morrison stated if this application for renewal is approved, it
should be contingent upon the applicant either obtaining a successful
appeal or proceeding to obtain a Special Review Permit for expansion of a
non -conforming use. Bill Crosier, Attorney, represented the applicant and
stated he was not aware there was an issue concerning the late
application. He ws told by Mr. Barker that all matters concerning the
renewal of this license were in order with one exception, that being the
status of the Special Review Permit, and that one of two things needed to
occur. Either Mr. Garcia needed to apply for a Use by Special Review
Permit or appeal to the Board of Adjustment concerning the stated notice
of zoning violation from the Planning Department. Mr. Crosier reaffirmed
the applicant has appealed the decision to the Board of Adjustment and Mr.
Garcia agrees with the condition stated by Mr. Morrison. Chairman Harbert
clarified at issue are the late application and the appeal before the
Board of Adjustment. Concerning the tardiness of the application, Mr.
Morrison said Mr. Barker reviewed Mr. Garcia's letter, dated October 6,
1993, explaining the late filing and felt it fit the criteria. However,
he pointed out it is the Board's decision as to whether or not the
criteria is met. No public testimony was offered concerning this matter.
Chairman Harbert reviewed the reasons stated in the letter, and
Commissioner Kirkmeyer moved to find sufficient and good cause to waive
the time limit. Seconded by Commissioner Baxter, the motion carried
unanimously. Commissioner Kirkmeyer also moved to renew the 3.2% Beer
License issued to Alvin and Abraham Garcia, contingent upon either the
successful appeal or receiving a Special Review Permit for expansion of a
non -conforming use. Seconded by Commissioner Webster, and with Mr.
Crosier consenting to the conditions, the motion carried unanimously.
931078
LC 0033
RE: HEARING CERTIFICATION - RENEWAL OF 3.2% BEER LICENSE, GARCIA STORE
PAGE 2
This Certification was approved on the 25th day of October, 1993.
ATTEST:
Weld County Clerk to the Board
Rintib
By:
Deputy Clerk to the Board
TAPE #93-36
DOCKET #93-80
LC0033
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
arbert, Chairman
/ itb
H ebster, ro-Tem
W.
/
E. Baxt
Dale K. Hall
Barbara J. Kirkmer
931078
NOTICE
Pursuant to the 3.2% Beer Laws of the State of Colorado and Weld County Ordinance
No. 102, as amended, a public hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial Center,
915 10th Street, First Floor, Greeley, Colorado, at the time specified. All
persons in any manner interested in the matter are requested to attend and may
be heard.
Should the applicant or any interested party desire the presence of a court
reporter to make a record of the proceedings, in addition to the taped record
which will be kept during the hearing, the Clerk to the Board's Office shall be
advised in writing of such action at least five days prior to the hearing. The
cost of engaging a court reporter shall be borne by the requesting party.
BE IT ALSO KNOWN that the relative documents may be examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld County Centennial
Center, 915 10th Street, Third Floor, Greeley, Colorado.
DOCKET NO: 93-80
Alvin and Abraham Garcia
dba Garcia Store
1517 North 25th Avenue
Greeley, Colorado 80631
DATE: October 20, 1993
TIME: 9:00 a.m.
REQUEST: Hearing to determine whether or not the 3.2% Beer License shall be
renewed.
ISSUES: 1. Whether or not the applicant has complied with the Colorado
Beer Code.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Shelly K. Miller
Deputy Clerk to the Board
DATED: September 29, 1993
PUBLISHED: October 7, 1993, in the Windsor Beacon
931078
TaZ➢CE
Pursuant to the 32% Bee
Laws of the State of
Colorado and Weld County
Ordinance No. 102, as
amended, a public hearing
will be held In the Chamber,
of the Board of County
Commissioners of Weld
County, Colorado, Weld
County Cedennial Center,
all 10th Street, First Floor,
Greeley, Colorado, et the
dme;sol5ed. Au parsons
le any tanner Interested In
to neat are requested to
mew end maybe heard.
Should the applicant Wong
Imitated party desire Me
presence of a court rs00er
to make a record of WO
proceedings. In addition •
the taped record whin. till
be less during the hheeaad1'rs�
the Clerk to the Beefs
Casa shall be advised ht
wrnlae of such action at
least We days prior is ere
hearths. The costof
engaging a court roomer
shall be borne by We
saauming parry.
OE IT ALSO KNOWN that
die robin docurrony iway
eser/elned in the ogle al
Me Clerk to the Board' el
Canny Committees",
lmead in the Weld hasty
Oaamilal Center. 011 iMr
Third Floor, Greeley,
DCCaWT NO: 93-80
MA and Abraham Gasla,
dba Garcia Store, 1517
Msee 15th Avenue. Grnlry,
Cobra*. 80631
DATE: Omobsr20. 1M0
TIME: 903 arm
REQUEST: Hearing to
determine whether or not
the 3.2% Beer License shall
beast
MOUES:
1. Whether or net the
applcant has ce d
the Colorado Beergiode
BOARD OF COUNTY
COMMISSIONEsl, WELD
COUNTY, COL
BY: DONALD D. WSDEN,
WELD COUNTY MEW( TO
THE BOARD
BY: Shelly K. Mr, ONrdy
Cleric to the Board
e4O itafter7,
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
COUNTY OF WELD
I, KEITH HANSEN, of said County of Weld, being duly
sworn, say that I am publisher of
WINDSOR BEACON
SS
a weekly newspaper having a general circulation in said
County and State, published in the town of WINDSOR,
in said County and State; and that the notice, of which
the annexed is a true copy, has been published in said
weekly for_ successive weeks, that the notice
was published in the regular and entire issue of every
number of the paper during the period and time of
publication, and in the newspaper proper and not in a
supplement, and that the first publication of said notice
was in said paper bearing the date of the
- day of C e-te1 , A.D., 19 93 and
the last publication bearing the date of the
day of , A.D., 19_ and
that the said WINDSOR BEACON has been published
continuously and uninterruptedly for the period of 5
consecutive weeks, in said County and State, prior to the
date of first publication of said notice, and the same is a
newspaper within' the meaning of an Act to regulate
printing of legal notices an advertisements, approved
May 18, 1931, and all prior cts $Tar as in force.
Subscribild and sworn to before me this
of (V Cti-Kam 199a
.17
NOTARY PUBLIC
My commission expires
I a , /q7 .
931078
N
DR 8403 (5/89)
Colo. Dept. of Revenue Colorado
Liquor Enforcement Division
1375 Sherman St. Fermented Malt Beverage
Denver, CO 80261 (3.2% Beer) License Application
IMPORTANT: For those retail licenses described in Column A below, this application and all
BE FILED IN DUPLICATE WITH, AND APPROVED BY, THE
License Issued Through
(Expiration Date)
Use License Account No.
for all reference
supporting documents must FIRST
LOCAL LICENSING AUTHORITY (CITY, TOWN, COUNTY). Applications will not be accepted
unless all applicable questions are fully answered, all supporting documents correspond exactly
with the name of the applicant(s), and proper fees are attached.
LIABILITY INFORMATION
You may attach separate sheets or additional documents if necessary to fully complete this
County City ( Industry Type Liability Date
application. All documents must be typewritten or legibly printed in black ink.
Form DR 8404-I, "Individual History Record" must be completed and filed in duplicate by the
following:
FEE PAID {;
• All partners
Cash Fund
State
-City
County
• Each applicant general
• All officers/directors of a corporation • Over 5% limited partners
66-1
45.9
37-1
; 49-1
• All stockholders of a corporation not subject • Managers
to the Securities and Exchange Act of 1934 • Each person required to file form
DR 8404-I must submit fingerprints
• Over 5% stockholders of a corporation subject
to the Securities and Exchange Act of 1934 to the Local Licensing Authority.
NOTE: License status will not be given over the telephone. License will be mailed by the Liquor Enforcement
Division to the Local Licensing Authority upon issuance.
TOTAL
ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN
APPLICANTS FOR BRAND NEW LICENSES, OR TRANSFERS OF OWNERSHIP
MUST CHECK THE APPROPRIATE BOXES BELOW IN EITHER COLUMN A OR COLUMN B
AND MUST ALSO CHECK EITHER BOX (18) OR (19).
45.9 (3) COLUMN A STATE FEES
45 - 9 (3) COLUMN B STATE FEES
18 ■ New License Application Fee $250.00
19 ■ Transfer of Ownership Application Fee $250.00
18 ■ New License Application Fee $250.00
19 ❑ Transfer of Ownership Application Fee $250.00
11 0 Retail 3.2% Beer (Fermented Malt $71.25
Beverage License) - City
11 ® Retail 3.2% Beer (Fermented Malt $92.50
Beverage License) - County
12 ❑ 3.2% Beer Wholesale License (Fermented Malt Bev,) $125.00
13 ❑ 3.2% Beer Manufacturers License (Fermented Malt Bev,) 125.00
14 ❑ 3.2% Beer Importer's License (Fermented Malt Bev,) 125.00
16 ■ Nonresident Manufacturer License 125.00
(Fermented Malt Beverage)
1. Name of Applicant(s): If partnership, list partners' names (at least two); if corporation, name of corporation:
Mu;" v. C-iarGt'a- nna H6rcJa.,, V. Gii-re/a.,-
Date filed with Local Authority:
9/27/9-3
1a Applicant is a: -
❑ Corporation ❑ Individual ® Partnership ❑ Other (specify)
F.E.I.N.:
2. Trade Name of Establishment: (DBA)
GrL€- c Si. ,-
State Sales? Tax No.:
/L/ -O �i&
Social SecurityNo.:
Business Telephone:
5-
3. Address of Premises: (Specify exact location of premises.Diagram of premises must accompany this application.)
lS/7 A)aS "" Alk-..1tk....-
City:3sa2-,.;G7
County:
s -id
State:
co
Zip Code:
(60(93/
4. Mailing Address: (Number and Street)
/5/7 .✓ 025-+4" A,.e..nLa_
City or Town:
C-)r'c...r./
State:
Co
Zip Code:
`6V Ca 31
5. If this is a transfer of ownership application or renewal, you MUST answer th ollowing questions about this business:
Present Trade Name of That Establishment (DBA):
Gar'Ckta 5fiar.e.
Present State License No.:
It/ —aJ153(o
Present Type of License:
3„2 /3r.e4C
Present Expiration Date:
/c8 —`S -9j
6. Is the applicant, or any of the partners, or officers, stockholders or directors of said applicant (if a corporation),or manager,
under the age of eighteen years?
7. (a) Has the applicant, or any of the partners, or officers, stockholders or directors of said applicant (if a corporation) ever
been convicted of a crime? If answer is yes; explain in detail. Exclude minor traffic violations.
(b) Have persons lending assistance or financial support to the applicant, or the manager, or employees, ever been
convicted of a crime? If answer is 'yes; explain in detail. Exclude minor traffic violations.
YES
NO
V
I yl'
-
8. Has the applicant, or any of the partners, or officers, directors or stockholders of said applicant (if a corporation), or
manager, ever:
(a) been denied an alcoholic beverage license?
(b) had an alcoholic beverage license suspended or revoked?
(c) had interest in an entity that had an alcoholic beverage license suspended or revoked? If 'yes; explain in detail.
YES
` NO
V
VI
9. Has a fermented malt beverage license for the premises to be licensed been refused within the preceding year? If 'yes,
explain in detail.
10. Does or did the applicant, or any of the partners, or officers, directors or stockholders of said applicant (if a corporation)
have a direct or indirect interest in any other Colorado Liquor or Fermented Malt Beverage License (include loans to or from
any licensee, or interest in a loan to any licensee)? If "yes; explain in detail.
11. State whether the applicant has legal possession of the premises by virtue of ownership or under a lease. If leased, list
name and address of landlord and term of lease: -
«,1 tiV l`-2rA✓DAIft< (} 1 ths,J in �i.f�n .,P.sti.ie)
OCJrw1i :., A
r�i}
u
,
12. Identify the persons, f
ownership in the busi
the amount and source
equipment (i.e., bank,
ms, or corporations who now, or will, have a financial interest, evidenced either by loans or equity
ess for which this license is requested. State the names and addresses of any such persons, and
of such financial interest expressed in dollars or other items of value, such as inventory, furniture or
relatives, friends, previous owners, etc.). Use separate sheet if necessary.
NAME
ADDRESS
INTEREST
71
lV
13. List the names and addresses of all liquor businesses in which any of the persons in the previous question are materially
interested. Use separate sheet if necessary
NAME
BUSINESS
ADDRESS
ia
Attach copies of all notes and security instruments, and any written agreement or details of any oral agreement, by which any person (including a
corporation) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or
conditional in any way by volume, profit, sales, giving of advice or consultation.
14. Colorado Manufacturer or Wholesaler applicants, answer the following:
(a) Does the applicant own, lease or operate any Colorado w use or storage plant in connection with this business?
If "yes," give full address.
(b) If the applicant is a wholesaler, does or did any owner, part owner, shareholder, director or officer have any direct or
indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado
to sell fermented malt beverage, or malt, vinous or spirituous II�f "yes; attach explanation in detail.
(c) Does the applicant have a valid Federal Basic Permit? If 'yes," a ch copy of the permit; if "no; explain whether
one has been applied for.
, Page 2 of 4
15.
Nonresident Manufacturer (fermented malt beverages) or Importer (fermented malt beverages) applicants, answer the
following:
(a) To what Colorado licensed wholesaler do you intend to ship your merchandise?
(b) Does or did any owner, part owner, shareholder, director or officer of the applicant have any direct or indirec financial
interest in an importer, manufacturer or retailer already licensed by the State of Colorado to sell fermented alt
beverages or malt, vinous or spirituous liquor? If "yes; attach explanation in detail. /1
(c) Does the applicant have a valid Federal Basic Permit? If "yes; attach a copy of the permit.
(d) Are you the primary source of supply in the U.S.? If 'no; explain in detail.
YES NO
16.
If the applicant is a partnership, answer the following: (Attach separate sheet if necessary.)
(a) Name of each general partner and each limited partner
holding a greater than 5% interest
Home Address, City and State
Social Security St
Date of Birth
(b) On what date was the partnership formed? Attach a copy of the partnership agreement (except for
partnerships consisting only of a husband and wife).
Date:
17. If the applicant is a corporation, answer the following:
(a) Corporation is organized under the laws of the State of: Date of Incorporation:
(Attach Certificate of Authority
(b) Out-of-state corporations, give date authorized to do business in Colorado: Ifrom Colo. Secretary of State)
(c) Date of filing last annual corporate report to the Secretary of State:
(d) Name of each officer listed below:
Home Address, City and State:
Social Security St
Date of Birth:
President:
Vice -President:
ili
Treasurer:
Secretary:
(e) Name all 5% or greater stockholders;
include or oledaee
Home Address, City and State
% of stock
Date of Birth:
actual owner
/ ,
/i
Jb'
(f) Name of all Directors or Trustees of
Home Address, City and State
Corporation:
18. Manager:
Page 3 of 4
OATH OF APPLICANT
I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and
complete to the best of my knowledge.
` ,,1 rsignature:
Title
Date:
REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY
(Manufacturers, nonresident manufacturers, importers, wholesalers, limited wineries, and public transportation licensees
disregard the section below.)
Is this application for a:
Each person required to file
The liquor licensed premises
If 'no," the building will be
DR
is
completed
New License
8404-I: Has been
Background
ready for occupancy
and ready for
fingerprinted
and
inspection
Transfer of Ownership �/� y Other (specify): ICE Ai Ebt,Y4 L
NCIC and CCIC checked R1'
has been inspected by the Local Licensing Authority.
by (date)
NO
C.R.S., as amended, 12-46-117
(1) (a) The local licensing authority shall restrict the use of said license to: CHECK
(I) Sales for consumption 'OFF' the premises of the licensee; orLK
(II) Sales for consumption 'ON' the premises of the licensee; or
(III) Sales for consumption 'BOTH ON AND OFF' the premises of the licensee.
(b) The provisions of paragraph (1)(a) shall not apply to any license issued or applied
for under this article prior to July 1, 1967, nor to any renewal or reissuance thereof.
ONE
The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are
satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires
of the inhabitants, and will comply with the provision of Title 12, Article 46, C.R.S.THEREFORE, THIS APPLICATION ISAPPRO'D. 'y
Local Licensing Authority for:
WELD COUNTY, COLORADO
❑
R7
TOWN, CITY P
COUNTY
Signature:
Tide: CHAIRMAN PRO—TEM, WELD COUNTY
BOARD OF COMMISSIONERS
Date: J�
09/29/93 T(�V
U
signature(attest):
Tmtw:WELD COUNTY CLERK TO BOARD
BY: , DEPUTY
Date:
09/29/93
If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of
the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then
such approval should be given by such official.
Pag@o441,4..`a, .,..
DPSBIB20 DES( :PTION OF MESSAGE IN IN -BA ET
Message : Reply to your message of 09/29/93 15:01
: we have record of any contacts on the above. sorry.
Judy
Received from : PCJREC07-MAIN
Received : 09/30/93 15:10 Sent : 09/30/93 15:10
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Message WE NEED A REPORT OF ANY VIOLATIONS IN THE PAST YEAR ON ALVIN AND
ABRAHAM WE NEED THIS IREPORT ASAP. THANK A, DBA GARCIA �YOU 1- CLERK 7 N. TTOH AVE, GREELEY, CO.
BOARD/SKM
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DMDE031I Recipient names verified
___> 12
APPEAL OF ADMINISTRATIVE DECISION
Board of Adjustment
1400 N. 17th Avenue
Greeley, CO 80631
RE: Alvin Garcia, 1517 N. 25th Avenue, Greeley, Colorado
Administrative Decision- Weld County Zoning
violation Notice No. VI -2002
Reg Toning Ordinances No. 74 and 74.2
Appellant contends that ordinances number 74 and 74.2 do not
apply to the circumstances beaag■e a Structure has not been
expanded, enlarged or altered,
Appellant contends that ordinance number 75, et. seq. which
regulates the non -conforming yu of a structure is the applicable
ordinance and the ordinance has not been violated for the following
reasons:
1. Mr. Garcia's grocery business was relocated from downstairs
to upstairs at the same address and within the same structure.
2. The Garcia structure was not altered or extended.
3. The downstairs space previously used by Mr. Garcia was 608
square feet; the upstairs space now used by Mr. Garcia for the same
purpose is 517 square feet.
4. Mr. Garcia has been operating this "use", i.e. a small
grocery store at the Espanola Subdivision since 1939.
5. Mr. Garcia has not "relocated or expanded" his
nonconforming use (the Garcia Store) as cited in Violation Number
VI -2002 and as defined in section 75, et. seq.
The Garcia Store was moved from its downstairs location to the
upstairs location by friends and relatives during his three (3)
week absence to visit relatives in Virginia to eliminate the need
for Mr. Garcia who is 83 years old and hi�a customers from going up
and down stairs'.
i'
11 am osier No. 1722
Attorney �nd cant
for Mr. Alvin Garcia
1010 9th Avenue
Greeley, CO 80631
Telephone: 356-1115
931078
BOARD OF ADJUSTMENT APPLICATION FORM
Department of Planning Services
915 Tenth Street, Greeley, Colorado 80631
Phone: 356.4000, Ext. 4400
FOR PLANNING DEPARTMENT USE ONLY:
Case Number
Date of Filing
Processing Fee
Receipt Number
Application checked by
TO BE COMPLETED BY APPLICANT:
(Print or type only except for required
signatures).
APPEAL IS HEREBY MADE TO THE BOARD OF ADJUSTMENT OF THE COUNTY OF WELD FOR
THE FQI.LOWING REASONS: (Circle one)
(V1 Appeal administrative order, requirement, decision or
refusal alleged to be in error. Citation of Section of
Zoning Ordinance which is subject to the disagreement:
31.2; 74 (Non -conforming Structures) v. 75 (Non -conforming
Uses of Structures)
2. To interpret zone district boundaries.
3. To grant a variance.
4. To grant a variance within the Flood Hazard Overlay
District.
SURFACE FEE (PROPERTY) OWNERS OF PROPERTY FOR APPEAL OR VARIANCE:
Name: Alvin Garcia
Address: 1517'N. 25th Avenue, Greeley. Colnrarin 80611
Home Telephone # 352-2675 Business Telephone 0 N/A
Name:
Address:
Home Telephone f Business Telephone p
Name:
Address:
Home Telephone P Business Telephone //
APPLICANT OR AUTHORIZED AGENT (IF DIFFERENT THAN ABOVE):
Name: William L. Crosier. Attnrnny A} LAW
Address: 1010 9th Avenue. Greeley, rnlnrarin SO6a1
Home Telephone P 330-1111 Business Telephone // 356-1115
State of Colorado
County of Weld
)SS
I hereby depose and state under the penalties of perjury that all
statements, proposals, and plans submitted within this application are true
and correct to the best of my knowledge.
Respectfully submitted title 18th day of Octobe 1981
Subscribed
October 1993.
My Commission expires
Willi
and sworn before me
this
Notgjrcy Public
March 9. 1997
pllcant
er
18th
day of
9310'7'
0'
ON
0
Co
N
In'
MI
No
NI
0
t
"7
years) A. D. .......„...„...
And, Whereas, The taxes assessed upon said parr* tor the year (or rim) aforesaid remained due and unpaid
at the date of the sale hereinafter named;
a b taililWhereas, The Treasurer of the wild `
catrtlb Ibtti It fish ... �.xd"'`"day ot.,..R.esaiambei<.:::,:.:,....:..:
!. u xei :n.3,J. bx virtue of the authority vested In Mgtby le , at Ole sale begun and publicly held on the.211G1 day
.df...,(ieC.e.ra er A. D. 196.3...., expose N Pub ails at the office of the Treasurer in the County afore -
tot iP insittatitli conformity with the requirements of the statute In such case made and provided, the real property
/� itellistribed3or the payment of the taxes, penalty Interest, and costs then due and remaining unpaid on said prop-
:.eeri:ltft r•re
.•
;At-theittne-and place aforesaid —
vdqp e'$r'eek dress is
«••- or Town of
County of "' ' ' and State of bid on all of the a• • e described
. . (.\M1N(10 ...
property the sum of L ... `.." .' ..' DOLLARS
and CENTS, being the whols'athount of taxes, penalty into and costs then due and
remaining unpaid upon said property for said year and the said
•
69OK
led for record
06. / JAN 101971 ,.,, A.D: i1......,.., .na Mole
Reception
.a.t.4400
' - Ennui all g ♦ i Pailfuls. _ . �i E y i
:if *•Fp�rThat, whereas, the following described Prut>artY Mx:
a' Lot 11. NW'NEh Sec 36-,'•T� 1;66 >}.'apanol� dub ' th
� � ,,IL? �' �'� '
�� �3 ! �1
:RECORDER.
DEPUTY.
O
1Rbtnctt
situated in the County of Weld sad Slate Of Colorado, was 'object to taxation for the year (or'
having offered in his said bid to pay the sum of
' CENTS In excess of said Taxes, penalty Interesj, and ts, and the said bid being the largest
amount and
which any person offered to pay in excess of the said taxM
said year and payment of the said sum having a malty mtereat, and costs so s due upon said drty for
s
:" i made by him to the said Treasurer, the said property was
stricken off to him at that price; 'I' •. � t �,•••�'�••• '.-.t
'And, Whereas, the said
add° p`ress is .--
,.r ................. 1 ..... City, of Town of .r
SM:4144 44
•.. 41- /�..,....Nand ,p of .wq .....?"'"t...... ,,w.xwu.__...x
';did, o rtiie ',,•"",-- ' day of �' " ,' ^{;,;' t1 4.0 :A. D. 1P"]..N.duly assign the certificate of
the sale of t11a-pj perty as aforesaid, and all his rights, title, and Interest In said property, to
ca, -rA
se street address is
City or Town of
C matilf...._6:6.; - t M1tatrof - - arr--s -r:
aIq;'t"�•�it�,o�(are
t? as, At the sale so held as aforesaid by Ike Treasurer, no bids were Offered or' made by any person or
pErooest t r the said property, and no person of persona haying offered to pay the said taxes, penalty interest, and
costs upon the said property for laid year and the Treasurer having become satisfied that no sale of said prop-
erty could be had, therefore the said property was, by the then Treasurer of the said County, stricken off to the said
County, and a certificate of sale was duly Issued thirster to the said County in a00ordance with the statute 'in such
case made and provided; ..` ,.•.... . , , ,.. ,,4, i ,t . , \. ,., L \ of I
by conformity itwith a or eroftheeBoa d of County ,Commmisioners oth�easaidgCand , 'through its recoTreasurrd and in
And Whereas, The said.:..kfelL.:„,.............:'.,,:....t •.d y duly entered of record on the
19.6.4...., (the -said day being-ene-etthe-d4,,- of a .egular
session-et-the-Beard-of-Gounty-Gemnti»loners-of-the,eald,GOunty) did duly assign the certificate of sale of• said prop-
erty, so issued as aforesaid to said County, and all Its rights, title, and interest In said property held by virtue of said
sale to....._.Alvin ...Garcia.,' q" q... t .0' '
L...... .„,.....,,.
whose street address is R.t...2....liCtX....9 N ta.:..tGx
, City or Town of X'd ley
County ot......i4eld and State of CO.lar,ada � t t for the sum of
.SE.veaty.-.TWA-____7____--____-'''"-Z DOLLARS .and.:k11.X'' -nFa.Qklt..CENTS.
'And, Whereas, The said..._..Alvijn.._Caarsaia......
whose street address Is ' Rt...2.„9pX....9 - `Rs'L 'G(
County of WeldCity or '{�pwg'pt` ng.G'.t.'.l.G'Y
and State of ....Cal..0X.df.3O` '1.- ' : `
did on the 1Zth day of...„Septelnba>;,„, --gib. p19....p. duly assign tho certificate of the sale of
123-A-1973
fl
TREASURER'S DEED SINGLE PARCEL— me c. F. HOECRu Co., DENVER, COLO. 28615
9497s
1..
BOOK 706
1628097 a....2)
-.2)
the property as aforesaid, and all his rights, , . li dror._.ppety, to,.Y..iX1..,£t...Jld.4nlit.a....Ct4xcia
title, and interest in eaf
u
whose street address Is Rt 2 Box 9 ' Ton ofGree Greeley_ .and Sts
Y
of the County of We 1 d - City o ( „
, ";':7 , ;.a..... State of COY rado
*And, Whereas, The said - AlstS t..&..:J11dnita,:.GA.rcia 1': ;..r 1. • . ' ,
whose street address Is Rt...2 B.ox 9 4.(at..U....,:. City or Town of Grealey '
County of ::...Weld and State of 1... C•olarada.
has paid subsequent taxes on said property to the amount of....TWA...H.undred...Ninety------ DOLLARS
and.T.b.r—a------ --'CENTS: ^1 •u la. ., ., -
, " '.'v' � is{le �,l [1.. ,.:., .0 lay, ' , ,`i r:.+: 1 :.. -.,
'- ' :And, Whereas, More than three years have elapsed since the/date of the said sale; and the said property has not
been redeemed therefrom as provided by law;• I, I ut, ,1 t„•.:. { .,:.., i., oC. ;t.; y:.aa ut ::. _.,.., ..
And, Whereas, The said property was valUed for'assesement for said year......: at the amount of....3.2.Q.A.O.D
• And, Whereas, All the provisions of the statutes prescribing prerequisites to obtaining tax deeds have been fully
complied with, and are now of record, and filed in the office of the Treasurer of said County;
Now, Therefore, Treasurer of the County aforesaid, for and in
consideration of the sum to the'Treasurer paid as aforesaid, and by virtue of the statute In such case made and pro-
vided, 'have granted, bargained, and -solo -and by these presents do grant, bargain, and sell the above and foregoing
agtft&ea estate unto the said. Alvin '&'.J•114nita,..Gaxoia......0 '. .
" e s • tyd ress is at...2.::.Box•::.9 ' ,.....,:w.i 1 ,:,City or Town of .Gr.eel ey
;: nil to skid grid State of Cra.lA.>wadcl
eey�ye
. rn the ir. hells and assigns, forever, subject to all the rights of redemption by minors,
i K or incompetent persons, as provided by law.
r • •?' • Lt.,
FICLCL 0 Q '.. Bs aforesaid, by
,. 'r„ .,,ii .'y 1q(, .,rj .<.a i:1 LLi,ve,;..' j,.
9 �' y ''gi b 0+: ht Witness Wham& 1,.,...FS.a110.1.3.'Ma..iL4U.1itztitit :.:..'..:.:......,•'Treasurer
C.L by virtue of the authority aforesaid, have hereunto set my hand and seal
M l y.4 , this 1.O.kh day of ,January, .M.4 , • A. D. 19..7A....
Certificate No 335 Book No 13 Tax Sale Record —9-4a‹. t t taheal)
• c� (:a, evly in;,- Treasurer of . ." Weld sue r, „•C: . :..
*Strike out in accordance with fact. °t "7 L'-;�• t,�w, P, iu,.., , • qty. Colorado.
STATE OF COLORADO,
County of .. Weld , . '...::. La a. ali;:1 . 54'. _.. ' tu'y WO ti,,
The foregoing Instrument was acknowledged' before' me' this 10th-'' day of....' January-'
19..:.:7 4... by_ r ac ]4 $....M.- .itS t$ _9 fir. .as treasurer of said county.
gi tnegp my hand and official seal "' 1 N I wi a u ''o.
ry2�.," ••,pee si... ` 1 „ My commission expire. v Ca�m4alen exj 1. 11A1:.7A..].9III. '`' '
•
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Future Tax Notices
L<eeec,,:i 111.00 e,.,tl taart,+.:.,:. t*L out. ?s.:n. 04. eawu) slip, i,_ ,•; :'
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' 52
CLERK
TO THE BCC
October 6, 1993
Board of County Commissioners
c/o Office of the County Attorney
P.O. Box 1948
Greeley, Colorado 80632
Re: Liquor License for the Garcia Store.
Dear Commissioners:
The purpose of this letter is to set forth in writing the
extenuating circumstances under which the renewal application for
a Liquor License for the Garcia Store was not submitted within the
45 day limit prior to the date of expiration pursuant to C.R.S.
Sections 12-46-106(13), and 12-47-106(1)(b).
On June 28, 1993 I left the state of Colorado to visit the
state of Virginia for a three week vacation. It has come to my
attention that on June 26, 1993 a renewal application was sent from
the State of Colorado to my home. At the same time that I was gone
for three weeks, unknown to me, my family moved my store from down
stairs to up stairs. They did so to ensure my safety as well as
the safety of my patrons by eliminating the need to go up and down
stairs. If the renewal form arrived at all it could have been lost
in the move. At any rate, I never became aware of the delinquency
of the paperwork in question until September 27, 1993 when I went
to the County offices to pay for a new liquor license.
My store has been in existence since 1939. I moved it to my
present location in 1974, when it was inspected by Duke Duprue, a
Weld County Building inspector. He informed me I needed to pay
$150.00 fee for the store. I did this to ensure the legal
operation of my store. I would also like to state that I have
taken items off my shelves because of the misuse of them (glue &
cigarette rolling paper).
931073
The Garcia Store has always had a record of being prompt in
returning the proper paperwork and cooperating with the authorities
with regard to it's liquor license. It is with this in mind that
I ask you to consider the above circumstances as good cause for
failing to file the application for renewal of the store's liquor
license in a timely manner and in doing so I ask that you grant a
renewal of the Garcia Store's liquor license for the period October
9, 1993 to October 9, 1994.
Sincerely,
`G,SIAA,;,,,✓ ✓c5 i\
Alvin Garcia
Owner, Garcia Store
Our proper address is : 1517 N 25th Avenue The confusion is
because up until 10 years ago we were simply Rt. 2 Box 9. No
address given.
931078
Hello