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HomeMy WebLinkAbout951384.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST FRAULENA NI. SHAW AND ANTHONY AND PATRICIA L. DIGIALLONARDO 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, Fraulena M. Shaw and Anthony and Patricia L. Digiallonardo, VI #2186, 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 11th day of July, 1995, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Toni Digiallonardo, the property owners' representative, 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 sixty days to allow adequate time for the property owners to bring the subject property into compliance 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 individuals without further Board action if the subject property is not brought into compliance within sixty 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 Fraulena M. Shaw and Anthony and Patricia L. Digiallonardo 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. 951384 PL0824 de.: Pt) ,Shan; Cf3 VI #2186 - SHAW/DIGIALLONARDO PAGE 2 • The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D., 1995. BOARD OF COUNTY COMMISSIONERS 7OUNTY, COLRAD BY. !Clerk to the Board K-1 o1. Deputy Clerk the Board APPR• D AS TO FO my Attorn -y c'_ Dale K. Hall, Chairman FxCIiSFm Barbara J. Kirkmeyer, Pro -Tern FxC:I ISFn George E. Baxter Constance L. Harbert W. H. I �p) l fY/I tt'tl Vlr 951384 PL0824 oz) dor DATE: July 6, 1995 VIOLATION NUMBER: VI -2186 NAME: Fraulena M. Shaw, Anthony and Patricia L. Digiallonardo ADDRESS: P.O. Box 212, Firestone, CO 80520 LEGAL DESCRIPTION: Lot 82 to Lot 84, Block F, Evans Addition, Weld County, Colorado CASE SUMMARY April 25, 1995 Property inspected. Property in violation. May 1, 1995 Five day compliance encouragement letter issued. May 8, 1995 Telephone conversation with Toni Shaw (niece of Fraulena Shaw) May 19, 1995 Property inspected. Property still in violation. May 24, 1995 Violation Notice sent. June 13, 1995 Telephone conversation with Toni Shaw. June 27, 1995 Property inspected. Property still in violation. June 30, 1995 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The non-commercial junkyard is a violation of Section(s) 31.2 and 31.3.9 of the Weld County Zoning Ordinance. To correct the violation the non-commercial junkyard must be removed from the property or properly screened from all adjacent properties and public rights of way. The Department of Planning 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. 951384 a°,4 WDc. COLORADO June 30, 1995 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 Fraulena M. Shaw, Anthony and Patricia L. Digiallonardo P.O. Box 212 Firestone, CO 80520 Subject: VI- 2186, Legal Description: Lot 82 to Lot 84, Block F, Evans Addition, Weld County, Colorado Dear Ms. Shaw, Mr. and Mrs. Digiallonardo: 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 July 11, 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. The property will be reinspected July 10, 1995. If you have any questions concerning this matter, please call me. 2 / Julie Chester Zoning Inspector P.C. 2186 SERVICE, TEAMWORK, INTEGRITY. QOALnY 951384 Julie Chester Zoning Inspector Inspection Report COLORADO NAME: Fraulena M. Shaw, Anthony and Patricia L. Digiallonardo LEGAL DESCRIPTION OF PROPERTY: Lot 82 to Lot 84, Block F, Evans Addition, Weld County, Colorado DATE OF INSPECTION: June 27, 1995 CASE NUMBER: VI -2186 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. There is still a non-commercial junkyard located on the property consisting of tires and other miscellaneous junk. There is also a vehicle under a tarp located next to the red truck. This is not sufficient screening. To bring the property into compliance the non-commercial junkyard would need to be removed or totally screened from all adjacent properties and public rights of way. If screening is chosen as an option, a detailed screening plan must be submitted and approved by the Department of Planning Staff before installation. One photograph was taken at the time of inspection. 951384 WELD COUNTY DEPAR 1400 NORTH. PHONE: (303) i4ELEPHONE NAME: _ ADDRESS: 0 OFFICE TYPE OF INQUIRY ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL ❑ Keith Schuett ❑ Sharon White ITEMS DISCUSSED: 'NT OF PLANNING SERVICES' CIT1Z INQUIRY FORM 17TH AVENUE, GREELEY, COLORADO 80631 353-6100 EXT. 3540 FAX: (303) 351-0978 ❑ NO DATE: 6 7/ 3 FIRST INQUIRY? CAVES .3 4/ez 11- ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION C FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE PHONE II : 252'2> 91-0 L el ❑ MINOR SUB SKETCH PLAN O MINOR SUB FINAL PLAT ❑ ZONING O ADDRESSING O BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION _2 -VIOLATION ❑ OTHER 0 ❑ Greg Thompson ❑ Gloria Dunn ❑ Tod kfgdg�s ❑ Barry Kramer 0 Chuck Cunliffe ( � 4i 7 -IC' aq .(/i y AVAILABLE OPTIONS: CONCERNS: ACTION TO BE TAKEN: Time spenYf6C ��l�laxo Staff Member's Initia-rr, 951384 Wi�Yc COLORADO 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 24, 1995 Violation Number : VI -2186 Fraulena M. Shaw, Anthony and Patricia L. Digiallonardo P.O. Box 212 Firestone, CO 80520 Legal Description : Lot 82 to Lot 84, Block F, Evans Addition, 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. A non-commercial junkyard (derelict vehicle and other junk) is located on the property and is not visually screened from all adjacent properties and public rights of way. This is not a use allowed by right in the A (Agricultural) zone district. The violation can be corrected by removing the non-commercial junkyard from the property or properly screening the non-commercial junkyard from all adjacent properties and public rights of way, or totally enclosing the non-commercial junkyard in a building or structure. The choice of screening the non- commercial junkyard would require a screening plan to be submitted to the Weld County Planning Department for approval prior to installation. 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 24, 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 Cl Julie Chester Zoning Inspector '51.384 COLORADO Inspection Report NAME: Fraulena M. Shaw, Anthony and Patricia L. Digiallonardo LEGAL DESCRIPTION OF PROPERTY: Lot 82 to Lot 84, Block F, Evans Addition, Weld County, Colorado DATE OF INSPECTION: May 19, 1995 CASE NUMBER: VI -2186 The property was inspected to determine compliance with section 31.2, 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. The vehicle has been moved to a different location, but there is still quite a lot of junk on the lot. To bring the property into compliance the non-commercial junkyard would need to be completely removed or properly screened from all adjacent properties and public rights of way. One photograph was taken of the non-commercial junkyard. Julie Chester Zoning Inspector 951384 WELD COUNTY UEPARTMEN" F PLANNING SERVICES' CITIZEN I" TRY FORM 1400 NORTH. 171H AVENUE, GREELEY, COLORADO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 Fe4 ELEPHONE 0 OFFICE FIRST INQUIRY? 24ES 0 NO DATE: NAME: ADDRESS: 61-1 i CrlL.O „SA„ett,, C, TYPE OF INQUIRY ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN O PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL O Keith Schuett O Sharon White ITEMS DISCUSSED: ❑ SKETCH PLAN O PRELIMINARY PLAN O FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP O USR O AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ Greg Thompson 0 Gloria Dunn O Barry Kramer 0 Chuck Cunliffe I�C1C .t AS:1-k PHONE I?: %-3--2)-‘1)O ❑ MINOR SUB SKETCH PLAN O MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION d' -VIOLATION O OTHER 0 0 Todd Hodges V tin � ck • na u_47 ) l� Y c p*.,)OC. ..� l,vC.:7 � CLt.'Y.1 c i C".�- 1 S VLQ , Q QA L C-ry-1 L-Y\C ( AVAILABLE OPTIONS: CONCERNS: ACTION TO BE TAKEN: 4$\ Th ) frk C,L,.A 1 I V Time spent ✓ku.1,,,Th Staff Member's Initials 951384 Wi�Dc #6tt: COLORADO May 1, 1995 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 Fraulena M. Shaw, Anthony and Patricia L. Digiallonardo P.O. Box 212 Firestone, CO, 80520 Subject: C-95-32, Legal Description: Lot 82 to Lot 84, Block F, Evans Addition, Weld County, Colorado Dear Ms. Shaw and Mr. and Mrs. Digiallonardo: It has come to the attention of the Department of Planning Services' staff that the above described property may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is a non-commercial junkyard consisting of one derelict vehicle. Please call me within five working days of the date of this letter to review the concerns with me. Sincerely, Julie Chester Zoning Inspector pc: C-95-32 SERVICE, TEAMWORK, INTEGRITY, QUALITY 951384 WIiDc COLORADO Inspection Report NAME: Fraulena M. Shaw, Anthony and Patricia L. Digiallonardo LEGAL DESCRIPTION OF PROPERTY: Lot 82 to Lot 84, Block F, Evans Addition, Weld County, Colorado DATE OF INSPECTION: April 25, 1995 CASE NUMBER: C-95-32 The property was inspected to determine compliance with section 31.2, 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. A non-commercial junkyard is located on the property without proper screening. The non- commercial junkyard is one derelict vehicle, which is partially dismantled. To correct the violation, the non-commercial junkyard would need to be removed from the property or properly screened from all adjacent properties and public rights of way. One picture was taken of the derelict vehicle. IA -2( Julie Chester Zoning Inspector 951384 PARC TP: R PIN: 5496186 PARC. 131130305010 SHAW FRAULENA M & DIGIALLONARDO ANTHONY & PATRICIA L PARCEL INQUIRY ATIIN022 08/13/1993 09/16/1986 / / 1424 P O BOX 212 FIRESTONE CO 80520 TAX AREA 1344 .096323 1994 DATE LAST ASSESS 04/21/1995 LAST ASSESS LAND 1020 LAST ASSESS BLDGS 6100 TOTAL LAST ASSESS 7120 PRIOR YEAR ASSESS 5210 REC DT 06/25/1993 DEED TP QCD JT NUMBER 1389 02338553 WOL N DOC FEE 0.00 20633 L82 TO 84 BLK F EVANS ADD EXC MINERALS & COAL%541 JOHNSON% PF3: PROFILE PF4: OWNERS MESSAGE: PF5:LEGALS PF6:DOC HIST AS°MT YR: 1995 LAST UPDATE: ACTIVE ON: INACTIVE ON: MAP#: 1112 TOT LAND 1212 TOT BLDGS TOTAL VALUE PF7:NEXT PARCEL PF10:PLOC i 1020 1020 6100 6100 7120 PF11:MENU PF12:REAL 951384 Hello