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HomeMy WebLinkAbout951631.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ANGELINA QUEZADA 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, Angelina Quezada, VI #2187, 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 8th day of August 1995, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Angelina Quezada, property owner, was not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, upon recommendation of staff, 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 days to allow adequate time for the property owner to remove three remaining dumpsters 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 thirty days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on September 12, 1995, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Angelina Quezada 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. 951631 eai ; P4,' 64; Ve2ada. PL0824 VI #2187 - QUEZADA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of August, A.D., 1995. eputy Clerldto the Board .P7/ED AS TO F C.untyAt. ney BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLpRAD Dale K. Hall, Chairman Fxri iSFn f Barbara fl. KirkmeyerPrTem e E. Baxter �j�7,y2sc� Constance L. Harbe I7 W. H. Webster -7-7.-!--7,7 it 951631 PL0824 DATE: August 4, 1995 VIOLATION NUMBER: VI -2187 NAME: Angelina Quezada ADDRESS: P.O. Box 6723, Rosemead, CA 91770-6723 LEGAL DESCRIPTION: Lot 81 to Lot 84, Block E, Excluding the north 16 feet of Lot 84, Evans Addition, Weld County, Colorado CASE SUMMARY: April 20, 1995 April 25, 1995 May 12, 1995 May 23, 1995 May 25, 1995 May 30, 1995 July 11, 1995 July 12, 1995 July 12, 1995 August 2, 1995 Complaint made and assigned to Julie Chester. Inspection report. Property is still in violation. Five-day compliance encouragement letter sent to property owner. Telephone conversation with Jerome Cross -Attorney. Inspection report. Property is still in violation. Zoning violation notice sent. Property inspected. Property is still in violation. Letter sent to Attorney, Jerome Cross, and Attorney Michael Lavinsky. Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. Letter received from Jerome Cross. Property should be in compliance by the August 8th hearing. 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 and approved or the noncommercial junkyard must be removed from the property. Also, the trash business must be removed from the property or the proper permits must be applied for and approved by the Department of Planning Staff. 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. 951631 Olt COLORADO July 12, 1995 Angelina Quezada P.O. Box 6723 Rosemead, CA 91770-6723 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303)352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: V1-2187, Legal Description: Lot 81 to Lot 84, Block E, excluding the north 16 feet of Lot 84, Evans Addtion, Weld County, Colorado Dear Ms. Quezada: The property referenced above remains in violation of the Weld County Zoning Ordinance. I -have scheduled a meeting with the Board of County Commissioners on August 8, 1995 at 10:00 a.m.to consider the Zoning Violation occurring on your property. This meeting 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. 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. Sincerely, Julie Chester Zoning Inspector P.C. VI -2187, Jerome Cross, Attorney, Michael Lavinsky, Attorney SI RVICE. i i AM WORK, IN T rGRI I Y, QUALITY 951631 fistz '"DC COLORADO July 12, 1995 Jerome Cross 512 N. Terry St. Longmont, CO 80501 Dear Mr. Cross: DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 351-0978 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 I am writing to you in reference to VI -2187, Angelina Quezada, legal description: Lot 81 to Lot 84, Block E, excluding the north 16 feet of Lot 84, Evans Addition, Weld County, Colorado. It is my understanding that Angelina Quezada is not the resident on the property at this time, and the violation is actually the result of the tenants, who are in the process of purchasing the property from Ms. Quezada. You wanted to know exactly what would need to be done to bring the property into compliance. According to the Weld County Zoning Ordinance of June 28, 1995, Section 31.2 and 31.3.9, the non-commercial junkyard occurring on the above described property is not allowed in the Agricultural Zone. (Copies of the Ordinance and the definitions are enclosed). To comply with the non-commercial junkyard standards, the items considered part of the non-commercial junkyard would need to be totally removed from the property or properly screened from all adjacent properties and public rights of way. This would include keeping a gate closed so that the non-commercial junkyard is not visible to adjacent properties and public rights of way. In regards to the business operating on the property, either removing it from the property or obtaining the proper permits for operating a trash business in the Agricultural Zone, would bring the property into compliance. There was some confusion concerning the allowed uses behind the screened area. It is the commercial activity that is not allowed in this zone, although the storage of any equipment that is part of the trash business would not be allowed to be stored behind the screened area without the proper permits. I hope this clears up any confusion regarding this matter. If there are any other questions regarding this matter, please feel free to call Monday through Friday, 7:30 am to 4:30 fin. I will be glad to be of service. Julie Chester Zoning Inspector pc: VI -2187, Michael Lavinsky, Attorney; Jerome Cross, Attorney S51.631 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 WELD COUNTY -ZONING VIOLATION NOTICE May 30, 1995 Violation Number : VI -2187 Angelina Quezada P.O. Box 6723 Rosemead, CA 91770-6723 Legal Description : Lot 81 to Lot 84, Block E, excluding the north 16 feet of Lot 84, Evans Addition, of the 6th P.M., Weld County, Colorado The uses on the above described property are being considered as a zoning violation of Section 31.2, 31.3.9 of the Weld County Zoning Ordinance. This is not a use allowed by right in the Agricultural zone district. The violation can be corrected by removing the non-commercial junkyard from the property or properly screen it from all adjacent properties and public rights of way. A change of zone would be required for the business or the non -conforming use and business would need to be removed from the property. 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 30 (Thirty) days from May 30, 1995 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. Sincerely /l o Julie Chester Zoning Inspector pc: Jerome Cross, 512 N. Terry St., Longmont, CO 80501 951631 ‘a, Inc COLORADO Inspection Report NAME: Angelina Quezada LEGAL DESCRIPTION OF PROPERTY: Lot 81 to Lot 84, Block E, excluding the north 16 feet of Lot 84, Evans Addition, Weld County, Colorado DATE OF INSPECTION: May 25, 1995 CASE NUMBER: C-95-31 The property was inspected to determine compliance with section31.2, 313.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. A non-commercial junkyard is still located on the property without proper screening. The trash -business appeared to be operating and the derelict vehicles, large trash truck and trash dumpsters were still located on the property. To bring the property into compliance the non-commercial junkyard would need to be removed from the property or properly screened from all adjacent -properties and public rights of way. A change ofzone would be required for the business or the -non-conforming use and business would need to be removed from the property. No photographs were taken at this time. Julie Chester Zoning Inspector 251631 ULPAB _ L��.'� _NU ::-AKVIL:LS 1400 NORTH. 17TH AVENUE, G-REELEY, COLORADO PHONE: (303) 353-6100 EXT. 3540 FAX: (303) INQUIRY FORM 80631 351-0978 a-tELEPHONE D OFFICE NAME: .z-i.QvyiQ -/2- /V - ADDRESS: TYPE OF INQUIRY ❑ MHZP I7 ZPMH -❑ RE E AMENDED RE 0 SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL ❑ Keith Schuett ❑ Sharon White ITEMS DISCUSSED: • FIRST INQUIRY] 5 —YES 0 NO DATE: 5-12- 3 l(1, CC-tr4.4 v I s4p--17 PHONE #: TLt s �� . / «ti�� 0/ O 5 ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ -RESUBDIVISION ❑ -FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE 172-/eo/�I ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION -f VIOLATION ❑ OTHER ❑ Greg Thompson 0 Gloria Dunn ❑ B,iry Kramer 0 Chuck Cunliffe CcC c- A) Hon AVAILABLE OPTIONS: ir CONCERNS: ACTION TO BE TAKEN: �< l.t // (�cC ./a -4j _ote t4 Cie ( e m a -z d O I t- ill ;—n1 695 Staff Member's Initials 251.631 COLORADO DEPARTMENT OF PLANNING SERVICES in IUNE (303) 353-6100, HXI.3540 FAX (303) 352-631? WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GRE-ELEY, COLORADO 80631 May 12, 1995 Angelina Quezada P.O. Box 6723 Rosemead, CA, 91770-6723 Subject: C-95-3 I, Lot OI to Lot 84, dloci- F. cap. t .pe tit 16 fret of Lot 84, Evans Addition, Weld County, Colorado Dear Ms. Quezada: It has come to the attention of the Department of Planning Services' staff that the uses on the above described property may not be in compliance with the Weld County Zoning Ordinance, The potential noncompliance with the zoninrl ordinance i; a non-commercial junkyard and a trash hauling business. Please call me within 1-,e working days of the date or this letter to review the concerns with me. Sincerely. Julie Chester Zoning Inspector pc: C-95-31 cr 27-r c, SI IR IC IS. I L/,NINA UI1l.:: 14_GRI Il. 0;;1.1.; i 1' 351-621 WE�Dc. COLORADO NAME: Angelina Quezada Insp ction Report LEGAL DESCRIPTION OF PROPE:U Y: DATE OF INSPEC'T'ION: April 23, I:.)5 CASE NUMBER: C -95-3I Lot 81 to Lot 84, Brock E, excluding the north 16 i;.et of Lot 84, Evans Addition, Weld County. Colorado The property was inspected to determine con-ipiia:ice with section 31.2. 31.3.) of the Weitl County Zoning Ordinance. The property is not in compliance at this time. A non-commercial junkyard is located on :he property without proper screening. The non- commercial junkyard consists of derelict vehicles, a large trash dump truck and trash dumpsters. A trash hauling business was e‘, -:;gent upon inspee;ion. To correct the violation. the non- commercial junkyard would need to be removed from the property or properly screened ;rom all adjacent properties and public ri�_ltts of w;:y. A change ofzone would be required for the business or the non -conforming use and business would need to be removed from the property. A previous ease (VI -1402 and 1-1087:$7:11?) was found in our files and similar violations have been issued in the past. Photographs were taken of the trash dump truck and a trash dumpster. Julie Chester Zoning Inspector 9516a PARC TP: R PARCEL INQUIRY ASCMT YR: 19-95 ATIIN02: PIN: 0031387 PARC 131130304008 LAST UPDATE: 01/31/199! QUEZADA ANGELINA ACTIVE ON: 03/19/198' INACTIVE ON: / / MAP#: 1424 P 0 BOX 6723 ROSEMEAD CA 91-770-6723 TAX AREA 1344 .096323 1994 DATE LAST ASSESS 04/21/1995 LAST ASSESS LAND 11-50 LAST ASSESS BLDGS 0 TOTAL LAST ASSESS 110 PRIOR YEAR ASSESS 980 REC DT 03/31/1$87 DEED TP DTHC NUMBER 1151 02093972 WOL N DOC FEE 0.00 1135 1150 TOT SAND 1150 20627 L81 THRU $4 BLK E EVANS ADD EXC N16' L84 TOT BLDGS BLK E EVANS ADD EXC MINERALS & COAL TOTAL VALUE PF3: PROFILE PF4: OWNERS MESSAGE: TF5:LEGALS PF7:NEXT -PARCEL TF6:DOC HIST PF10:PLOC 0 1150 P-F11:MENU PF12:REAL 9511531 Hello