HomeMy WebLinkAbout950480RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST LEON AND BEVERLY MANNING 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, Leon and Beverly Manning, VI #2164, 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 any testimony relating to said violation, and
WHEREAS, Beverly Manning, property owner, was 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 days to allow adequate time for
the property owners to apply for the appropriate permits with the Deparment of Planning Services,
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 days.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that if said violation still exists on April 15, 1995, the Weld County Attorney be,
and hereby is, authorized to proceed with legal action against Leon and Beverly Manning 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.
950480
PL0824
ey! ;C/41tdannmg
VIOLATIONS - MANNING
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by the
following vote on the 14th day of March, A.D., 1995.
ATTEST:
Weld County Clerk to the Board
BY: k_T t—Ilt A_ '
Deputy Cle to the Board
APPRQYED,AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FXCI ISFI) f)ATF (IF SIC-ININC;
Dale K. Hall, Chairman
arbarp J. Kirkmeyefr-
(AYF)
George Baxter
Constance L. Harbert
o-Te
un ttorney "`_ / rY/ f -1 24)
W. H. Webster
950480
PL0824
DATE: March 9, 1995
VIOLATION NUMBER: VI -2164
NAME: Leon and Beverly Manning
ADDRESS: 15025 Good Ave.
Fort Lupton CO, 80621
LEGAL DESCRIPTION: Pt. of Tract 12 Second Filing, Aristocrat Ranchettes Subdivision, Weld County,
Colorado.
CASE SUMMARY
November 8, 1994 Letter from concerned citizen.
November 15, 1995 Five-day compliance encouragement letter issued.
November 21, 1995 Letter from property owner.
January 18, 1995 Letter to property owner.
January 26, 1995 Letter from property owner.
January 30, 1995 Property inspected. Property still in violation.
January 31, 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 and mobile home without a zoning permit are violations of Section(s) 31.2 ,
31.3.9 and 31.2.16 of the Weld County Zoning Ordinance. To correct the violation the noncommercial
junkyard would need to be screened or removed from the property, and the appropriate zoning permit applied
for, approved and issued.
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.
950480
a:;;
Wine
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
Leon and Beverly Manning
15025 Good Ave.
Fort Lupton, CO 80621
Subject : VI -2164 Zoning Violation on a parcel of land described as Pt. of Tract 12 Second Filing,
Aristocrat Ranchettes Subdivision, Weld County Colorado.
Dear : Mr. and Mrs. Manning
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,
Barryl amer
Building Inspection Specialist
SERVICE, TEAMWORK, INTEGRITY, QUALITY
950480
Barry I{rather
Buildi g Inspection Specialist
INSPECTION REPORT
NAME: Leon and Beverly Manning
LEGAL DESCRIPTION OF PROPERTY: Part of Tract 12 Second Filing, Aristocrat Ranchettes
Subdivision, Weld County, Colorado DATE:
February 27, 1995
CASE NUMBER: VI -2164
The property was reinspected to determine compliance with sections 31.2 , 31.3.9 and 31.2.16 of the Weld
County Zoning Ordinance. The property is not in compliance at this time.
There are still two mobile homes located on the property. One of the mobile homes was permitted under a
medical hardship but that medical hardship no longer exists and no other permits have been applied for. Also
there is still a noncommercial junkyard consisting of derelict vehicles and junk located on the property. The
noncommercial junkyard has been moved behind a screened portion of the property however part of that
screening has fallen down and there is no screening on the east side of the area. Under the Weld County
Zoning Ordinance definition of screening, it requires that a noncommercial junkyard be screened from
adjacent properties and public rights -of -way.
To bring the property into compliance a Zoning Permit for the mobile home must be applied for, approved
and all conditions met or the mobile home would have to be removed from the property. 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. All material considered to
be part of the noncommercial junkyard must be located within the screened area.
950480
W1�Dc.
istat
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
January 31, 1995 Violation Number: VI -2164
Leon and Beverly Manning
15025 Good Av.
Fort Lupton, CO 80621
Legal Description: Pt. of Tract 12 Second filing, Aristocrat Ranchettes Subdivision, Weld County,
Colorado.
The uses on the above described property are being considered as a zoning violation of Section 31.2,
31.3.9 and 31.2.16 of the Weld County Zoning Ordinance.
A mobile home located on the property without the appropriate zoning permits and a noncommercial
junkyard without proper screening from adjacent properties and public rights -of -way .
To correct the violation the appropriate zoning permit must be applied for and approved or the mobile
home must be removed from the property and the noncommercial junkyard must be screened or
removed.
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
2, 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 Kamer
Building Inspection Technician
Service, Teamwork, Integrity, Quality,
950480
INSPECTION REPORT
NAME: Leon and Beverly Manning
LEGAL DESCRIPTION OF PROPERTY: Pt. of Tract 12 Second Filing, Aristocrat Ranchettes Subdivision,
Weld County, Colorado
DATE: January 30, 1995
CASE NUMBER: VI -2164
The property was reinspected to determine compliance with sections 31.2, 31.3.9 and 31.2.16 of the Weld
County Zoning Ordinance. The property is not in compliance at this time.
There are still two mobile homes located on the property one without the proper permits. There were two
zoning permits issued, one in April of 1978, (ZPMH-37) for a principle dwelling and the other (ZPMH-104)
in November of 1978, for a medical hardship. The second zoning permit is no longer valid because the
medical hardship no longer exists. The residents are deceased.
The property is also in violation of section 31.3.9 of the Weld County Zoning Ordinance. A noncommercial
junkyard located on the property without proper screening from adjacent properties and public rights -of -
way. Most if the items considered part of the noncommercial junkyard have been removed or put behind the
existing screening, however there was one vehicle observed without a license plate and some auto parts
laying in the driveway.
To bring the property into compliance the remaining items considered part of the noncommercial junkyard
must be screened or removed from the property and the appropriate zoning permit for the second mobile
home must be applied for, approved and all conditions met or the mobile must be removed from the property.
Barry amer
Building Inspection Technician
Service, Teamwork, Integrity, Quality
950480
4f r
o4L6e.,
1
% Cam-.- cq• ct
ri
. /mss'-' (le, xt— ._c_-€ ��:c.��t. �C-- t�� fy�t G�Crn -e� -- ,
O
co
1 r•
'
C
FittEa..51.1r1/11
JA?.! 9 '• 1995
950480
lYE�'Dc.
azis;
COLORADO
January 18, 1995
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Beverly Manning
15025 Good Avenue
Fort Lupton, CO 80621
Subject: C-94-179 Non-commercial junkyard and secondmobile at 15025 Good Avenue, located
on Part of Tract 12, 2nd filing, Aristocrat Ranchettes Subdivision, Weld County, Colorado.
Dear Ms. Manning:
Thank you for your letter, received November 21, 1994. Departmentof Planning Services' staff
reviewed your letter along with the case file C-94-179 , the zoning permit file ZPMH-104, and
the Weld County Zoning Ordinance. Staff determined that a temporary use during a medical
hardship zoning permit could be applied for to use the second mobile located on the property
or the mobile must be removed from the property. To receive approval of a zoning permit, as
described above, an application for a zoning permit for a mobile home used as a temporary use
during a medical hardship will be required to be submitted, reviewed, approved, and all
conditions met. I have enclosed an application with this letter.
The matter concerning the non-commercial junkyard located on the property, as described above,
may be addressed in one of two ways; one being the removal of the automobiles from the
property, or two being the screening of the property from surrounding properties and public
rights -of -way.
Your immediate attention in this matter 's required, please contact either myself or Mr. Kramer
by January 25, 1995.
Sincerely,
Todd A. Hodges
Current Planner
pc: case file C-94-179
enclosure
950480
- ..c.r (c. Kc ,\CC .
NOV . 1 1994
rCc:tv:_p a Lcl't'r .n -• to- )ac..L,
SGy. q CJ ca nL 1LC M! CCC. ��L C M.)
rtbnttt , Vr'L OS' 'rO, •C Me3/4 J3/43/4 c3/4 C. X41:\C7 n.rO N)C ^4VC.
^up Coe
ro•a.etaS. Meun:r`y e\,..-
r�nn:.,5
Cc.r5 \n •.%/R.
*S, '\o to -It c.. StW O't\.ar Cc..rS
tec Qo-clS', 1e Kee\ C.A- cr.a Co, sS on i'ht- rcc*c7 u%"-
1a1.\\ oC ' t'.c. of 'en O. Cun cc.rS c5 SOCn .S Wt Cu/1,
LOU. 04 o.. (\0S% t;ch i3 (Let Q- oc:.\ \nwt. US C !-aNN Cr
0 -
xi 0-r L:<i\e. AAent •50
WQ_ Cc.,. N.
out r,.nc% \.0 (\ew Cct$, wa hw„a to .L1c.Act_
w\ns,3/4 t hcw0.- .
S au on etc. c,C..'t1 ‘Sc. how Cc.e. . cr-\ o. tt-w
it .rn+:.t ton It\tva.. )-wb.\.. ho,/... 1-\.aa oth.r kr<:.\ty- ..
Aur"sLei vv er "V.. }-4..iSc.r% Gnu \^ S v:.SC , Se. . 'no. v L
\\Q\�c.. /.n.. N.\ So
\c.rc CSs, a v fn.! ao . \ncv2 atU'a.N.
Q-
\ to.N1a rya <G3/4 Cat you ey p4 cnIr-- St3/4,j,\
wc.S .."db\ c -Sto %)O3/4- -1L0-13/4
950490
CAS 0-
Ne. y )Acs.L..
CC.",
0..2 -
V \ cc -4.c
..J..34
4•T C0 t 'it- S.
'Chums LSO ...h. .
�QJ QC\„hi MCis"
950480
COLORADO
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
DATE: November 15, 1994
NAME: Leon and Beverly Manning
ADDRESS: 15025 Good Avenue
Fort Lupton, CO 80621
SUBJECT: C-94-179 Property located at Part of Tract 12, 2ND filing , Aristocrat Ranchettes
Subdivision, Weld County, Colorado.
Dear Mr. and Mrs. Manning
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) zoned district. Another concern is the Zoning
Permit for the second mobile home (ZPMH-104) has expired because the medical hardship for Mr.
Clyde Goodwin no longer exists.
Please call me within five working days of the date of this letter to review the concern with me.
Sincerely,
Barry Kra
Building Inspection Technician
950480
october 28, 1994
to whom it nay concern, or barry kramer,
i am writing you this letter mr. kramer because i have
few questions that our family is seeking the answersto.
we are all hoping that you can tell us the answer.
the laws out here in aristocrat acres state that no one
is supposed to have 2 trailers or 2 residences on one
single acre.
the trailers that i am talking :bout now belong to the
manning and the goodwin family. the address is 15025 good aye,
fort lupton, co 80621.
unfortunately, both goodwins have passed away, and mrs. goodwin
died early -this year.
in 1991, keith told our family that my cousin from north carolina
could not move her trailer onto our acre with us because he said
that only one trailer can be on one single acre at all times.
how can so many family members, the mannings, live in two different
trailers on the same single acre and all be able to live happily
together? this very same family, the other day we saw the
mannings taking unlicenced cars and storing or hiding them in
their back yard.
keith also told my family that all cf• our junk cars we had to
either take them to the scrap yard or have the license plates
updated on all the cars. how can they have 10-15 cars, some
with and without plates, parked all over everywhere throught
the front and back of this one single acre? their fence is
even down, and keith told our family that we had to put one up.
these questions bother me and my family. we do not understand.
please look into this matter, as we had to follow all of the
rules out here in aristocrat acres and weld county is supposed
to be strictly agricultural land only, not a. place to have
several car showings on one acre. . thcnk you for your
attentions or intentions into these matters.
enclosure; pictures
5T.‘
NOV 8 1994
_a r,•mty Planning
sincerely,
950490
PARC TP: R
PIN: 5243286 PARC:
MANNING LEON & BEVERLY
15025 GOOD AV
FT LUPTON
PARCEL INQUIRY
130927316011
CO 80621
TAX AREA 0820 .084225 1993
DATE LAST ASSESS 04/22/1994
LAST ASSESS LAND 2190
LAST ASSESS BLDGS 0
TOTAL LAST ASSESS 2190
PRIOR YEAR ASSESS 2190
REC DT 03/25/81 DEED TP QCD
NUMBER 9310 01853141 WOL
DOC FEE 0.00
ASP -7 YR: 1994
LAST UPDATE:
ACTIVE ON:
INACTIVE ON:
MAP#:
ATIIN022
02/01/1991
09/16/1986
/ /
1135 2190
TOT LAND 2190
2AR-12A PT TR 12 2ND ARISTOCRAT RANCHETTES BEG TOT BLDGS
N552.61' & 30'E OF SW COR OF SEC THENCE N208' TOTAL VALUE
PF3: PROFILE
PF4: OWNERS
MESSAGE:
PF5:LEGALS PF7:NEXT PARCEL
PF6:DOC HIST PF10:PLOC
0
2190
PF11:MENU
PF12:REAL
950480
Hello