The URL can be used to link to this page

Browse Search

Home My WebLink About941001 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST BASIL D. GARCIA 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, Basil D. Garcia, VI #2131, 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 11th day of October, 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, Basil D. Garcia was 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 advisable to bring legal action against that individual 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 Basil D. Garcia 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 11th day of October, A.D. , 1994. Mailet BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board dIA le4 °}22:-.12-14 }7 2r� 2�l/1� �� p �� /�� W. H.� Webster, Ch4irman b BY: u L. kat,, o/� Deputy erk to the Board Dale . .Hall, Pr em APPROVED AS TO FORM: L-u.,., ( /, y eor e F�Baxter r /_...ypcvri.../iXC c �slzcc_C County Atgorne Con tance L. Harbert, \\\\\\ ak_J Barbara J. Kir meyer PL0824 941001 PLOg e_C : d9 it 1%) &n&v 3 DATE: October 6, 1994 VIOLATION NUMBER: VI-2131 NAME: Basil D. Garcia ADDRESS: 7022 Weld County Road 31 Fort Lupton, CO 80621 LEGAL DESCRIPTION: Tract 13, Second Filing, Aristocrat Ranchettes, Weld County, Colorado. CASE SUMMARY July 18, 1994 Five day compliance encouragement letter issued. August 2, 1994 Property inspected. Property still in violation. August 4, 1994 Conversation with property owner. August 30, 1994 Violation letter issued. September 22,1994 Property inspected. Property still in violation September 28,1994 Property inspected. Property still in violation September 29, 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 must be removed from the property. The Department of Planning Services 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. 941001 Ort F° C„� DEPARTMENT OF PLANNING SERVICES PHONE (303)353.3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C• EY, ON. ORAAVENUEOWI I D 631 GREELEY, COLORADO80631 COLORADO September 29, 1994 Basil D. Garcia 7022 WCR 31 Fort Lupton, CO 80621 00 Subject: VI-2118-Zoning Violation on a parcel of land described as Tract 13, 2nd Filing, Aristocrat Ranchettes, Weld County, Colorado. Dear: Mr. Garcia: As of September 28, 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, October 11, 1994, at 10:00 a.m. to consider this Zoning Violation. The property will be reinspected on October 10, 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, Barr Building Inspection Technician 941091 INSPECTION REPORT NAME:Basil Garcia LEGAL DESCRIPTION OF PROPERTY: Tract 13, 2nd Filing, Aristocrat Ranchetts Weld County, Colorado. DATE:September 22, 1994 CASE NUMBER: VI-2131 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 noncomercial junkyard consists of derelict vehicles, junk,piles of wood and a large pile of recycled asphalt. There has been no contact between Mr and Mrs Garcia and the Planning Dept since my conversation with Mrs Garcia on August 4, 1994. Barry Kramer Building Inspection Technician 941091 et 1,j, 1PIR DEPARTMENT OF PLANNING SERVICES PHONE(303) 353.3945, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140EY, ON ORA O AVENUE GREELEY, COLORADO 80631 COLORADO• WELD COUNTY ZONING VIOLATION NOTICE Date: August 30, 1994 Violation Number: VI-2131 Name: Basil D. Garcia Address: 7022 Weld County Road 31, Ft. Lupton, CO 80621 Legal Description: Tract 13, 2nd Filing, Aristocrat Ranchettes, Weld County, Colorado. The uses on the above described property are being considered as zoning violations of Section 31.2 and 31.3.9 of the Weld County Zoning Ordinance. A noncommercial junkyard (derelict vehicles, miscellaneous materials, junk) located on the property without proper screening from adjacent properties and public right-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) . The derelict vehicles would need to be screened, removed or brought up to a status where they wouldn't be considered derelict under the 1994 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 September 30, 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. f:Ki, / Barry Kra er Building 13(spection Technician 94i0f l WELD COUNTY DF 1TMENT OF PLANNING SERVICES' C' ?EN INQUIRY FORM 1400 NORTH. 17TH AVENUE, GREELEY, COLORADO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 TELEPHONE 0 OFFICE FIRST INQUIRY? , ( YES 0 NO DATE: -4/ NAME: MIA 4LQ LA—A-L d%. PHONE #: ADDRESS: TYPE OF INQUIRY ❑ MHZP 0 SKETCH PLAN 0 MINOR SUB SKETCH PLAN ❑ ZPMH 0 PRELIMINARY PLAN 0 MINOR SUB FINAL PLAT O RE 0 FINAL PLAT 0 ZONING O AMENDED RE 0 RESUBDIVISION 0 ADDRESSING O SE 0 FHDP 0 BUILDING PERMIT ❑ AMENDED SE 0 GHDP 0 SETBACKS/OFFSETS ❑ SITE PLAN REVIEW 0 USR 0 HOME OCCUPATION O REZONING 0 AMENDED USR 0 VIOLATION ❑ PUD SKETCH PLAN 0 USR MINING 0 OTHER ❑ PUD DISTRICT 0 USR MAJOR FACILITY 0 O PUD FINAL PLAT ❑ USR DISPOSAL SITE 0 PERSONNEL O Keith Schuett 0 Greg Thompson 0 Gloria Dunn 0 Todd Hodges ❑ Sharon White 9CBarry Kramer 0 Chuck/ICunliffe 0 ITEMS DISCUSSED: t, ,, ��,�� ( /r _ C 4! ( /am /r p. y p f 0 7{— 4 4m k0 1.4/� nn� 1v,'n u3y k 424-7 AVAILABLE OPTIONS: ,,c,suv. /4_ - -L —r��- CONCERNS: ACTION TO BE TAKEN: /44 21..U' 4a 7 142y air/TAP/ A-i 0-rrF :to J,,r04dd t�� ...47 /�7 f AOH ;Y� l if P, i 1 li 2-0LaH. /2,4"ell y � 9 r git9 Time spent Staff Member's Initials id< 91..1091 INSPECTION REPORT NAME: Basil Garcia LEGAL DESCRIPTION OF PROPERTY: Tract 13, Second Filing, Aristocrat Ranchettes, Weld County, Colorado. DATE: August 2, 1994 CASE NUMBER: C-94-126 I have been unable to reach Mr. Garcia by phone since he called and left a message last week. I stopped by his property today but no one was home at the time. I left a card asking Mr. Garcia to call me regarding the zoning violation on his property. Barry Kram An-14 Building Inspection Technician 941091 rii . ' ottlf DEPARTMENT OF PLANNING SERVICES PHONE (3031353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C1400 N. 17TH AVENUE GREELEY. COLORADO 80631 COLORADO July 18, 1994 Basil D. Garcia 7022 Weld County Road 31 Fort Lupton, CO 80621 Subject: C-94-126 Property located at Tract 13, Second Filing, Aristocrat Ranchettes, Weld County, Colorado. Dear Mr. Garcia: 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 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,32B Ktamer Barry Building Inspection Technician 941011 FF; : UPDATE %:CLUR: FF6: INO FAPN LAND h='F RESTAF:T FF12: NENL' MESSAGE: MB' a I Q-Q!)01 �t)/I:iii4 PARC TP: R PARCEL INQUIRY ASSMT YR: 1994 ATIINO2. PIN: 5243586 PARC: 130927317001 LAST UPDATE: 12/07/1997 GARCIA BASIL D ACTIVE ON: 09/16/198o INACTIVE ON: / / MAP#: 7022 WCR 31 FT LUPTON CO 80621 TAX AREA 0820 . 084225 199 DATE LAST ASSESS 04/22/1994 LAST ASSESS LAND 3590 LAST ASSESS BLDGS 0 TOTAL LAST ASSESS ;590 1175 3590 PRIOR YEAR ASSESS 3590 TOT LAND 35910 REC DT 10/29/1997 DEED TP WD NUMBER 1409 02357367 WOL N DOC FEE 6.99 2AR-13 TR 13 2ND ARISTOCRAT RANCHETTES TOT BLDGS 0 %7022 WELD CO RD 317. TOTAL VALUE 3590 PF3: PROFILE PF5:LEGALS PF7:NEXT PARCEL PFII:MENU PF4: OWNERS PF6:DOC HIST PF10:PLOC PF12:REAL MESSAGE: MB' a o-0001 01/016 9.1091 t_ B 1 AEC 02357367 10/3/93 15s4', 5.00 1/001 . .112357367 la._ P 06. , MARY ANN PEUERSTEI31 CLERK & RECORDER WELD CO, CO - ; • WARRANTY D® . • lute D .Mods thibanWM day of OCTOBER,1813 ban CLARE BRADLEY SWANK '� Oda c..my at WELDees st of COLORADO. oat. and • '+µ' N ,MAIL STATE DOWMENTARYYU . [[nn'''' _.ysypI dm i IC WELD COUNTY ROAD 31.PORT LOPTOM. X61^•-'9-9 2 • . efts County of WAD sod morCOLORADO.peaes g WnNPSSETN. That tho tpaear,� for sad le ninth= of the sum of SIRTY• NE THOUSAND NINE HUNDRED AND 4WIMtb DOLLARS. Otil lgR4gA de. Nan .d ndT A—y of wage► is aeeby eaeoWdwd.W peemf.Wgained.roid d . em ayd. d br m.e.pe•aate date.peat, •hasps,aw.aaany d m.dm se s peer.his ban d snip.lemur.w is ed VtoVratY together Win im_,--. if any. SAWN lying aad being in dm Cary of WELD.and 9w of Colorado.inscribed as k Lbw: • . DO ARCOISTOCRAT RPTRPT SECOND PILING, • . .) , .• also lone by no d roaasHER ma a ottoloIggi WILD COUNTY ROAD 31.PORT LUTON,C ILORADO Mat P' and l meanwrYdr sod esmaidess, is, aim al pat u ad al bw Be ea a ee sight,Si.neman st,Baru vd • deoed.Muaw.r of the poem. ear is kw a may, d ie d iota above barmiest premium with Is bo ad'temab d 'T. . TO.11AY6 AND TO HOLD the said protease.above band is doodad,with is apparum.ma the grantee,hie hall and mad Deaar. Ad to pdr drWent his bap as paawd nPoeea as.does carmen.Nat.beepm and agree to as rat 'the p his has atd saipm.alit Ma as ofths etrfing and any oft .p in be is well acrd oldie promises above i are,• • a., 4,he.good,arepro,Mabdadledelee.dle ems ofbarna lo bW.L Bs simple.d hp pd right.6N power is d laa.otberty to Na. Saga.all d any ths—L mane sod its alma&as albrsars as and oar from all • 'Tel former and.a6er pinbasks, o a.'sake, l Mum fairs. eoesseeee ad bnaieelaa of doss kind or aunt sower. 1\� temp. t doe.hp few that rat (sat..g Eaa Me.de.or �sd.b y peps* .strMflr.awea6a.Cann ad rlghbsdaq d record,tom.. • J. The men all and Mal WARRANT AND FORMER DEPEND dm as rbarpbrd,..slew In to yaw and peeoble passion oft.pees.Ms bin ad maw,toad all ad err pan mamas at*alma the dole m any pert Swat . The Saleoppsylersomber Mw lMW da pal,lb pisral derMpler,d to sat day gender shall be applicable tow genders. IN WITNESS WIMREO►'is pnarMstested this dead as the lea sat^dt then. (� • CLABI Ara —ii . . /. • STATE OP COLORADO ) • )a . . COUNTY OP'ADAM. Tb.. ,:ten 11 ,aimai,Wpo b•.as this WV day of OCTOBER,1993 by CLARK BRADLEY SWANK • . .i• / n ' . ' ., t- 4 ' , f .��. �bnya d see/j� /}' ,. 1^ � c " • . Klee �tA.1n1�i . • �' 0 ��• ?. 720 EAST BRIDGE- s n.rr ru • . t •,i #}: hsi t. , .BRIGHTON. COLORADO 80601 '. Mk So des l.. W*WMY®Oa rbaeasNle Mow. 1 9'41001 Hello