HomeMy WebLinkAbout950748.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST RICHARD AND NANCY MARSHALL 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, Richard and Nancy Marshall, VI #2170, 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 March, 1995, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, at said hearing the Board deemed it advisable to continue said matter to April
11, 1995, at 10:00 a.m., and
WHEREAS, on the 11th day of April, 1995, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Richard and Nancy Marshall, property owners, were not present or represented
at said hearing, although all parties were notified of said hearing by Department of Planning
Services staff, and
WHEREAS, the Board deems it advisable to bring legal action against those individuals as
hereinabove named to correct said violation.
950748
PL0824
(le Pc; CA; Mars -hail
VIOLATIONS - MARSHALL
PAGE 2
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 Richard and Nancy Marshall 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 April, A.D., 1995.
ATTEST:
Weld County Clerk to the Board
BY �PQ.� K —I YU X V
Deputy Clerthe Board
APP �AS�TO FORM:
ounty" Ai%rney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
George E Baxter
Constance L. Harbert
Cl1SFf) IIATF OF SIr;NING
W. H. Webster
950748
PL0824
for,
Wine.
COLORADO
Inspection Report
NAME: Richard and Nancy Marshall
LEGAL DESCRIPTION OF PROPERTY: Lot 1, Indian Hills Subdivision, Weld County
Colorado
DATE OF INSPECTION: April 10, 1995
CASE NUMBER: VI -2170
The property was inspected to determine compliance with Section 31.2 and 31.3.9 of the Weld
County Zoning Ordinance. The property is not in compliance at this time.
A noncommercial junkyard is still located on the property and proper screening from adjacent
propertied and rights of way has not been installed. The noncommercial junkyard consists of
derelict vehicles.
To bring the property into compliance the noncommercial junkyard would need to be removed
from the property or properly screened. Prior to the installation of screening to bring the
property into compliance a screening plan would need to be submitted to and approved by the
Department of Planning Services' staff The approved screening would need to be installed and
the materials considered to be part of the noncommercial junkyard would need to be located
behind the screening.
A video of the property was filmed.
950748
Date: April 6, 1995
VIOLATION NUMBER: VI -2170
NAME: Richard and Nancy Marshall
ADDRESS: 4990 47th Avenue
Greeley, CO 80631
LEGAL DESCRIPTION Lots 1, Indian Hills Subdivision, Weld County, Colorado
CASE SUMMARY
February 1, 1995 Five-day compliance encouragement letter sent
February 6, 1995 Conservation with the property owner about the violation
February 8 , 1995 Violation Letter Sent
February 27, 1995 Property inspected, property still in violation
March 1,1995 Letter sent to property owner indicating that the violation case was
scheduled before the Board of County Commissioners
March 14, 1995
Board of County Commissioners hearing on violation was continued
to April 11, 1995
March 30, 1995 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 Sections 31.2 and 31.3.9 of the Weld County Zoning
Ordinance. To correct the violation the noncommercial junkyard would need to be screened or
removed from the property.
The Department of Planning Services staff requests that the County attorney be authorized to
proceed with legal action against any persons occupying the property , any persons claiming an
interest in the property and any persons acting in active concert with the identified parties.
950749
�i'dfr'TI
Wilk
COLORADO
March 30, 1995
Richard and Nancy Marshall
4990 47th Ave.
Greeley, CO 80631
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 : V1-2170 Zoning Violation on a parcel of land described as Lot I, Indian Hills Subdivision,
Weld County, Colorado.
Dear : Mr. and Mrs. Marshall
As of March 30, 1995, 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, April 11, 1995, at 10:00
a.m. to consider this Zoning Violation. The property will be reinspected on April 10, 1995, 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,
eith Schuett
Current Planner II
SERVICE,TEAMWORK, INTEGRITY, QUALITY
95674E
DATE: March 9, 1995
VIOLATION NUMBER: VI -2170
NAME: Richard and Nancy Marshall
ADDRESS: 4990 47th Ave.
Greeley CO, 80631
LEGAL DESCRIPTION: Lot 1, Indian Hills Subdivision, Weld County, Colorado.
CASE SUMMARY
February 1, 1995 Five-day compliance encouragement letter issued.
February 6, 1995 Conversation with property owner.
February 8, 1995 Violation letter issued.
February 27, 1995 Property inspected. Property still in violation.
March 1, 1995 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 the noncommercial junkyard would need to be screened or 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 persons claiming an interest in the properties,
and any persons acting in active concert with the identified parties.
950482
950748
COLORADO
March 1, 1995
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Richard and Nancy Marshall
4990 47th Ave.
Greeley, CO 80631
Subject : VI -2170 Zoning Violation on a parcel of land described as Lot 1, Indian Hills Subdivision,
Weld County Colorado.
Dear : Mr. and Mrs. Marshall
As of February 28, 1995, 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, March 14, 1995, at
10:00 a.m. to consider this Zoning Violation. The property will be reinspected on March 13, 1995, 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,
Barry Krayfier
Building Inspection Specialist
SERVICE, TEAMWORK, INTEGRITY, QUALITY
950748
INSPECTION REPORT
NAME: Richard and Nancy Marshall
LEGAL DESCRIPTION OF PROPERTY: Lot 1, Indian Hills Subdivision, Weld County, Colorado.
DATE: February 27, 1995
CASE NUMBER: VI -2170
The property was reinspected to determine compliance with sections 31.2 and 31.3.9 of the Weld County
Zoning Ordinance. The property is not in compliance at this time.
There is still a noncommercial junkyard located on the property without proper screening from adjacent
properties and public rights -of -way. The noncommercial junkyard consists of several derelict vehicles.
To bring the property into compliance the noncommercial junkyard would have to be removed or screened.
A screening plan would need to be submitted to the Department of Planning Services, approved by the
Planning Staff and installed around the material considered to be the noncommercial junkyard.
Barry Kfamer
Building Inspection Specialist
950748
*it
Wilk
COLORADO
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
WELD COUNTY
ZONING VIOLATION NOTICE
February 8, 1995 Violation Number: VI -2170
Richard and Nancy Marshall
4990 47th Av.
Greeley, CO 80631
Legal Description: Lot 1, Indian Hills Subdivision, Weld County, Colorado.
The uses on the above described property are being considered as a zoning violation of Section 31.2 and
31.3.9 of the Weld County Zoning Ordinance.
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.
To correct the violation the noncommercial junkyard must be screened or removed. A screening plan
would need to be submitted to the Department of Planning Services, approved by the planning staff and
installed. All items considered part of the noncommercial must be enclosed within the screened area.
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 March
10, 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
Barry Kramer
Building Inspection Specialist
SERVICE,TEAM W ORK,INTEGRITY,QUALITY
950748
WI TELEPHONE 0 OFFICE FIRST INQUIRY? YES DATE:
WELD COUNTY r %RTMENT OF PLANNING SERVICES' C- ZEN INQUIRY FORM
1400 ATH. 17TH AVENUE, GREELEY, COLOt. -0 80631
PHONE: (303) 353-6100 EXT. 3540 F03) 351-0978
0
NAME:
ADDRESS:
TYPE OF INQUIRY
fild,A
PHONE II:
❑ MHZP
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O RE
❑ AMENDED RE
❑ SE
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❑ SITE PLAN REVIEW
O REZONING
O PUD SKETCH PLAN
O PUD DISTRICT
O PUD FINAL PLAT
❑ SKETCH PLAN
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MINOR SUB SKETCH PLAN
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ZONING
ADDRESSING
BUILDING PERMIT
SETBACKS/OFFSETS
HOME OCCUPATION
VIOLATION
OTHER
PERSONNEL
❑ Keith Schuett 0 Greg Thompson 0 Gloria Dunn 0 Todd Hodges
O Sharon White `Barry Kramer 0 Chuck Cunliffe 0
ITEMS DISCUSSED: `���/"�, erc—4-4A,-02-12-41/
AVAILABLE OPTIONS:
CONCERNS:
ACTION TO BE TAKEN:
Time spent Staff Member's Initials
950748
Wi�'Dc
COLORADO
February 1, 1995
Richard and Nancy Marshall
4990 47th Av.
Greeley, CO 80631
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
SUBJECT: C-95-4 Property located at Lot 1 Indian Hills Subdivision, Weld County, Colorado.
Dear Mr. and Mrs. Marshall
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) 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)
zoned district.
Please call me within five working days of the date of this letter to review the concern with me.
Sincerely,
Barry Khmer
Building Inspection Specialist
950748
PARC TP: R PARCEL INQUIRY AP4MT YR: 1995 ATIINO2:
PIN: 2749986 PARC 095935203001 LAST UPDATE: 09/27/1991
MARSHALL -RICHARD & NANLZ S ACTIVE ON: 09/16/1986
4990 47TH AVE
GREELEY
CO 80631
TAX AREA 0633 .085076 1994
DATE LAST ASSESS 04/22/1994
LAST ASSESS LAND 1160
LAST ASSESS BLDGS 5810
TOTAL LAST ASSESS 6970
PRIOR YEAR ASSESS 6970
REC DT 05/08/78 DEED TP WD
NUMBER 8310 01752868 WOL
DOC FEE 3.35
IH-1 L1 INDIAN HILLS SUB
04990 47 AV%
PF3: PROFILE
PF4: OWNERS
MESSAGE:
INACTIVE ON:
MAP*: 1311
1112 1160
TOT LAND 1160
1212
TOT BLDGS
TOTAL VALUE
PF5:LEGALS PF7:NEXT PARCEL
PF6:DOC HIST PF10:PLOC
5810
5810
6970
PF11:MENU
PF12:REAL
950748
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