HomeMy WebLinkAbout970663.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on April 8, 1997, at 10:00 a.m., with the following present:
George E. Baxter, Chair
Constance L. Harbert, Pro -Tern
Dale K. Hall - EXCUSED
Barbara J. Kirkmeyer - EXCUSED
W. H. Webster
Also present:
Acting Clerk to the Board, Lin Dodge
County Attorney, Bruce Barker
Planning Department representative, Julie Chester
Planning Department representative, Kerni Keithley
Planning Department representative, Ed Stoner
The following business was transacted:
I hereby certify that a public hearing was conducted to consider whether to authorize the County
Attorney to proceed with legal action against the individuals named for violations of the Weld
County Zoning Ordinance. Cases were heard as follows.
VI #9600045 - Brian Soukup: Julie Chester, Department of Planning Services, presented the case
report for the record and stated the property is in violation of Sections 31.2, 31.3, and 31.4 of the
Weld County Zoning Ordinance. She summarized the case as follows: the initial complaint on the
subject property was received March 14, 1996; the property owner applied for a Special Use Permit
(USR) October 4, 1996; the USR was denied by the Weld County Planning Commission; the USR
was scheduled to be heard by the Board of County Commissioners February 19, 1997, and
continued to March 12, 1997; however, said permit request was withdrawn by the property owner
March 1, 1997. Ms. Chester reported the number of animal units is in compliance at this time, and
four of the five residences on the subject property are currently being lived in, with only one
principal residence being allowed in the Agricultural Zone District. Responding to Commissioner
Harbert, Ms. Chester indicated two residences on the property are stick built and one is a mobile
home. She further explained that a tack/feed store and scale house also have been converted into
residences. In response to Chair Baxter, Ms. Chester stated to bring this property into compliance
the mobile home must be removed and the tack/feed store and scale house must be converted
back to nonresidential uses. Responding to the Board, Kerni Keithley, Department of Planning
Services, stated the original USR for this property was for a tack and feed store and livestock
operation. She further explained the two residences were allowed as nonconforming uses, with
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one being permitted as an office. Ms. Keithley stated the original USR was nontransferable,
therefore, was vacated upon the sale of the property to Mr. Soukup. Jacqueline Johnson, attorney
representing the subject property owner, explained Mr. Soukup wishes to allow the students who
are living in the four residences on the property to stay until June 1, 1997; after which he will
remove the mobile home from the property. She stated the two stick built residences existed on
the property prior to the 1972 Zoning Ordinance and are allowed uses. She further stated, to her
knowledge, no one is living in the scale house. Commissioner Webster requested the video of the
property taken April 7, 1997, by Ms. Chester be shown at this time. Responding to Chair Baxter,
Ed Stoner, Lead Inspector, stated it appears the scale house previously was used as a residence;
however, the kitchen has been demolished, and no one appears to be living there now. He
explained the kitchen would have to be removed from the tack/feed store to bring it up to code.
No public comment was made. Commissioner Harbert moved to refer VI #9600045 against Brian
Soukup to the County Attorney for legal action, with an instruction for delay of action upon such
referral until June 15, 1997, to allow adequate time for the current tenants to vacate the property,
for the removal of the mobile home and miscellaneous debris, and for the tack/feed store to be
brought into compliance. The motion was seconded by Commissioner Webster, and it carried
unanimously.
VI #9700011 - Jose Franco and Rosa Perea: Ms. Chester reviewed the case file for the record
and stated the noncommercial junkyard on the subject property is in violation of Sections 31.2 and
31.3.9 of the Weld County Zoning Ordinance. She reported she has attempted to communicate
with the property owners; however, they speak little English. She showed a video of the property
taken April 7, 1997, and stated two derelict vehicles remain on the property, as well as
miscellaneous used car parts, junk household appliances, and used tires and building materials.
Jose Franco, property owner, was present with his son, Francisco Franco, acting as interpreter.
Chair Baxter verified that Mr. Franco understands the violation and what he needs to do to correct
it. In response to Commissioner Harbert, Mr. Franco indicated he will need 30 to 60 days to
remove or license the vehicles and clean up the miscellaneous junk. Commissioner Harbert again
verified that Mr. Franco understands that if he does not clean up the property, legal action will be
taken. Francisco Franco indicated that he and his father understand the conditions of the violation.
No public comment was offered. Commissioner Harbert moved to delay referral of VI #9700011
against Jose Franco and Rosa Perea to the County Attorney for legal action for thirty (30) days to
allow the property owners adequate time to bring the property into compliance. The motion was
seconded by Commissioner Webster and carried unanimously.
VI #9700019 - Dennis and Linda Grubbs: Ms. Chester reviewed the case file for the record and
showed a video of the subject property taken April 7, 1997. She explained initially a sizeable
noncommercial junkyard consisting of derelict vehicles miscellaneous debris and junk was located
on the property in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance.
Since then, the property owners have made considerable progress, and no derelict vehicles remain
on the property. Ms. Chester indicated Mr. and Mrs. Grubbs have been very cooperative and have
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submitted receipts and pictures of materials removed. She stated they want to install screening
and have a definite plan for finishing the cleanup, even though Mr. Grubbs was injured recently.
Dennis and Linda Grubbs, property owners, were present and indicated they understand what
remains to be done to bring their property into compliance. Responding to Commissioner Harbert,
Mr. Grubbs stated he plans to cut and stack the used lumber for firewood. He explained he injured
his shoulder two weeks ago and might require surgery, therefore is requesting six months to finish
all the work. During following discussion, Mr. Grubbs asked what could be done about the weeds
and debris that come over their berm from the next property. Following discussion, the Board
advised Mr. Grubbs that unless the nuisance was caused directly from a zoning or building code
violation, the Board or staff had no jurisdiction in the situation. Bruce Barker, County Attorney,
stated one recourse would be to contact the fire district to investigate the situation as a potential
fire danger from weeds and trash. Mrs. Grubbs reiterated the frustration of several property owners
in the original subdivision at having so much debris and trash blown onto their property and yards
from the new construction. Responding to the Board, Ms. Chester indicated Planning and
Inspection staff could visit the construction site and advise the construction companies of the
blowing trash problem and concern of the neighbors. Mr. Barker stated if the problem persists,
staff could advise the Sheriff's Office code enforcement officers, who if necessary can issue a
summons and complaint for negligent and criminal action against the construction companies. Mr.
Grubbs also commented on the trash blown onto Weld County Road 5 from trucks heading to the
landfill. No further public comment was offered. Commissioner Harbert moved to delay referral
of VI #9700019 against Dennis and Linda Grubbs to the County Attorney for legal action for 180
days to allow sufficient time for the property owners to complete screening and cleanup on the
subject property. Commissioner Webster seconded the motion, which carried unanimously.
VI #9600283 - Tanya Bomgardner: Ms. Chester reviewed the case for the record which was
heard initially on March 11, 1997. She reported the number of animals units has not decreased;
however, some of the remaining noncommercial junkyard material has been removed. Ms. Chester
referenced a letter of complaint from Norman Nash, Ms. Bomgardner's neighbor, regarding the
open-ended decision made by the Board regarding this case. Chair Baxter explained the reason
this case was brought before the Board again today is not only the letter of complaint from Mr.
Nash, but the Board's desire to reconsider the timeframe in which this property will be brought into
compliance. He stated that in making its decision at the last hearing, the Board was under the
impression there were no complaints from neighbors, and it has placed staff in an untenable
position by not setting some date for compliance. Mr. Barker suggested Mr. Nash speak at this
time and Ms. Bomgardner can respond to his comments. Norman Nash, adjoining neighbor to
subject property, stated that since sending the letter of complaint to the Board, he and Ms.
Bomgardner have met and loosely agreed on some solutions to the situation. He explained that
his primary complaint is the noise from the poultry, and Ms. Bomgardner has agreed to reduce the
number of poultry, and they will work together to build a solid fence to buffer the noise. Mr. Nash
commented on the work already done by Ms. Bomgardner and indicated his primary concern with
the Board's previous ruling is that it sets a potentially overwhelming precedent for similar violation
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cases. The Board acknowledged and commended the cooperative effort between Mr. Nash and
Ms. Bomgardner. Tanya Bomgardner, subject property owner, reiterated her desire to be a good
neighbor without sacrificing all of her beloved animals. She also reviewed the timeframe agreed
on to reduce the number of poultry and informed the Board that her paint pony is due to foal in a
month. The Board again inquired as to the possibility of Ms. Bomgardner sharing or renting
pasture from her neighbors for the horses. Ms. Bomgardner indicated that it is difficult for her to
ask for help, and she does not wish to take advantage of her neighbors. Bud Copeland, Ms.
Bomgardner's neighbor across 20th Street, spoke on her behalf and stated he has no problem with
her animals. He went on to say the poultry does not bother him as much as all the dogs that live
and run loose in the neighborhood. At this time Mr. Barker asked the Board to consider the time
limit for compliance and how to monitor the progress, as well as long-term compliance.
Responding to the Board, Ms. Chester recommended a three-year time limit for compliance
through attrition, with no replacement or increase by breeding of animal units, and yearly review
and inspection by staff. Further discussion followed during which Commissioner Harbert stated the
staff recommendation is very fair and the agreement reached by Ms. Bomgardner and Mr. Nash
is viable. Mr. Nash indicated the three-year time limit is acceptable. Mr. Barker advised the Board
it must rescind the resolution from the March 11, 1997, hearing, as well as set a short-term time
limit for reduction of the poultry and a long-term time limit for compliance. No further public
comment was offered. Commissioner Harbert moved to rescind Resolution #970454 and to refer
VI #9600283 against Tanya Bomgardner to the County Attorney for legal action, with an instruction
for delay of action upon such referral for a period of three years, conditional upon the following:
1) subject property owner must obtain appropriate building permits for an addition to the principal
dwelling; 2) subject property must be in compliance with the animal unit requirement of the Weld
County Zoning Ordinance within three years; 3) compliance is to be attained by attrition with no
animal units being replaced or added; and 4) Department of Planning Services staff shall inspect
subject property once per year until in compliance or the end of the three year period, whichever
come first. The motion was seconded by Commissioner Webster and carried unanimously.
VI #9700021 - Rhonda Webber and Charles Abfalter: Mr. Barker reported this case is closed;
however, Rhonda Webber, subject property owner, is present and wishes to speak to the Board.
He reminded the Board these hearings are set to hear open violation cases and if Ms. Webber's
concerns involve staff or the way her violation case was handled, the Board should refer those
concerns initially to the director of Planning Services who can, at her discretion, request a
worksession with the appropriate Commissioner Coordinator. Ms. Webber, subject property owner,
submitted a letter, marked as Exhibit A, which states her concerns, and questioned the guidelines
for County staff to enter private property and the method of inspecting properties. She also pointed
out that her last name is misspelled on correspondence from the Department of Planning Services
and her husband's name is Charles Abfalter, not Mr. Weber. Mr. Barker reviewed the accepted
method of arranging to inspect a property and stated it is appropriate for staff to take notice of the
property attempting to contact the residence or to make a video tape of the property from the public
right-of-way. In response to Ms. Webber, Chair Baxter explained a violation is initiated when the
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Department of Planning Services receives a specific complaint; staff does not drive around the
County looking for violations. Ms. Webber explained her property is in the old Carlson Subdivision,
as is Dennis and Linda Grubbs', whose case was heard previously today, with both their properties
being the original parcels in the subdivision. With the other parcels being sold and new
construction and more people moving into the area, they share a number of the same problems.
She indicated her property lines are not respected, their ditch walls have been caved in by dirt
bikes, and someone has set coyote traps which seriously injured her cat. A particular concern of
Ms. Webber is a dilapidated mobile home which was parked next to her east property line in view
from her house which she was told by Planning staff is permitted for storage for six months. Ms.
Webber explained the real irony of her situation is, after making a complaint to the Department of
Planning Services regarding the mobile home and having staff come to her property to check it out,
she and her husband were issued a violation for the cars on their property which they were in the
process of refurbishing. Mr. Grubbs added his support for Ms. Webber and questioned whether
the mobile was blocked up and tied down as required. Commissioner Harbert stated the concerns
presented were viable and deserved consideration, and she commented on the affect of
encroaching development on rural lifestyles. She suggested posting "No Trespassing" signs along
the property lines and contacting the Sheriffs Office when trespassing occurs. Ms. Webber
commented on the Sheriffs Office response time, and Chair Baxter indicated he would personally
follow up with the Sheriff. The Board assured both Ms. Webber and Mr. Grubbs that staff will follow
up and inform them on the status of the mobile home permit. Mrs. Grubbs questioned rights and
maintenance of the ditch when it ran through other property. Mr. Barker advised Mrs. Grubbs to
contact the ditch company, which could assess damages and initiate a civil action against those
causing the damage. The Board advised Ms. Webber and Mr. and Mrs. Grubbs to contact the
Department of Planning staff with any other concerns.
VI #9600296 - Bill Wiley: Ms. Chester reviewed the case file for the record and reported the
subject property owner has done considerable work and has been very cooperative. She stated
only two vehicles remain on the property and recommended delaying referral for two weeks. The
subject property owner was neither present nor represented. No public comment was made.
Commissioner Webster moved to delay referral of VI #9600296 against Bill Wiley to the County
Attorney for legal action until May 1, 1997, to allow adequate time for the property owner to sell or
remove the remaining vehicles. Commissioner Harbert seconded the motion, and it carried
unanimously.
VI #9700018 - Charles Chamberlain: Ms. Chester reviewed the case file for the record indicating
a large portion of the junk and trash on his property was put there when an adjacent tenant was
evicted. She explained that Mr. Chamberlain is elderly and cannot do the work himself. Ms.
Chester stated a lot of the trash is in the alley, which is County right-of-way and asked the Board
to consider having the County remove it. The Board concurred and directed Ms. Chester to meet
with Mr. Barker. In deference to Mr. Chamberlain's age and the situation with the neighbor, Ms.
Chester recommended the Board delay referral for at least 30 days and stated she will work with
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Mr. Chamberlain to bring the subject property into compliance. She also indicated Mr.
Chamberlain has worked with Lorraine Martinez in Social Services and she will contact her for
assistance in this case. The subject property owner was not present or represented at this hearing.
No public comment was offered. Motion was made by Commissioner Harbert and seconded by
Commissioner Webster to delay referral of VI #9700018 against Charles Chamberlain to the
County Attorney for legal action for 30 days to allow additional time for staff to work with the subject
property owner to bring the property into compliance. The motion carried unanimously.
This Certification was approved on the 14th day of April, 1997.
TAPE #97-09
Deputy Clerk(. the Board
RESO #970664 - #970669
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL �� r OUNTY/OLO2
Georg€ E. Baxter, Chair
Constance L. Harbert, Pro-Tem
EXCUSED
Dale K. Hall
EXCUSED
Barbara J. Kirkmeyer
W. H. Webster
970663
PL0824
April 04, 1997
Board of County Commissioners
Re: VI -9700021
To Whom It May Concern,
My family has lived at this address for twenty years ( 2700 WCR #10 Erie). We have always respected the
land, the animals and our neighbors. In a rural setting , It is especially important that neighbors look
after one another.
Last year, the open property around us was sold, in five or ten acre parcels. As you can see from the
attached drawing we have twenty acres. Some of the people that bought these plots have shown very little
if any, respect for the existing ditch easements, other peoples land, or, animals. For example, our ditch
easement is full of trash, the ditch walls are being crumpled by dirt bikes, One neighbors satellite dish was
installed so that when the channel is changed our dish moved. To keep the peace we had our receiver
modified. Some people feel that they can picnic at our pond and the worst of all my cat had to have its leg
amputated because somebody set traps. This is all in just the last 6 months, and the list goes on...
We understood that there would be some pain level associated with the growth. but, we are shocked by the
cold, don't care attitudes. We moved to the country to enjoy the many freedoms, all of which have been
either reduced or destroyed in some way in the last 6 months.
When the person to the east of us parked an old unlivable dilapidated 60 ft single wide trailer long our
east fence line in direct line of view to our house it was too much. I decided to call the County offices for
help.
When I first contacted the County offices I believe I talked to Julie Chester. I asked if anything could be
done about this very ugly trailer. I used no names or addresses other that my own. I believe the correct
response to my question should have been NO!. My intent was to get help with a problem, maybe some
possible options. I did not ask for anybody to come out and get money from the person with the trailer so
that it can continue to stay in the same place, and make everyone in the very near vicinity's life miserable
by sighting them with ordinance violations.
Within a month of my phone call to the County offices and talking to I believe Julie Chester, My husband
and I received a violation notice stating that we were in violation of a NONCOMMERCIAL JUNKYARD.
The trailer continues to stay in the same spot.
I called the County offices again and talked to Julie Chester. She stated that she had to issue the ordinance
violation because a complaint was made by the trailer owner. I explained that we had planned on moving
the cars (3) as soon as our fence was completed. She said that our plan sounded fine. When our
conversation was over I felt no further action would be taken. We continued to work on our fence.
We only have 3 cars all of which are collectors items. My husband's hobby is refurbishing old cars. We
have a 1956 Chevy pickup in the garage presently, unfortunately we only have room for one car in the
garage at a time. An of these cars are 660 ft from the nearest public road, neatly stored, and weed free.
Over the last 12 years, many cars have rotated from behind the garage, to inside, to street worthy. We
never have more than two or three at a time, and we never, ever had a complaint.
Later, I found out that our neighbors Mr. and Mrs. Grubb also received a ordinance violation notice. I do
not know the details of the violations, but the biggest eye sore around are the tanks the gas company put
on their property.
EXHIBIT
' 4
In March we received a notice stating that we had 30 days to move the cars. Chuck my husband talked
to Julie Chester and again explained that our plan was to move the cars as soon as our fence was
complete. He asked if anything was going to be done about the trailer next door, if it would be moved or
screened from view. He was told that the trailer owner paid for a permit and could renew it in 6 months.
He asked if we would have to continue to look at the awful trailer for as long as the owner felt necessary
and could pay for it. He was told yes. My husband was told that we could not get any type of permit and
our only options were to move the cars, screen them or get our property rezoned. He was told our plan
sounded good. Chuck like myself felt that no further action would be taken. We continued to work on our
fence.
April I, we received a letter requesting that we be present at a meeting with the Board of County
Commissioners. It is our wish to continue to live in harmony with our neighbors and surroundings, but it
seems completely unfair that we must take action to move the cars now, when that trailer can remain right
in our view, for a few dollars. We simply want the trailer moved to the other side of his property, where he
has built a dirt bank. That way, no one would have to look at the eye sore but him until he gets if fixed up.
As for our cars , we will certainly make every effort to comply as soon as we understand why we have
been singled out, or if handing out ordinance violations is a discretionary process, as it appears. There
are hundreds of NONCOMMERCIAL JUNKYARD's in violation between our house and the County
offices. I have received conflicting reports as to who made the complaint, I would like to know who it is.
The trailer owner, knew the classic were there when he chose to buy the land, and when he decided where
to place his house. They did not pose a problem until he had to get a permit for his trailer. I would like to
also know what rights the county has when coming on to private property.
At this time we will not build a special fence around the cars, buy trees or afford the expense to move
them off of the property. The County is requesting that we modify 20 years of life style in 30 days. If a
compromise cannot be meet we request a time extension to evaluate our options, possible research
grandfather provisions to the ordinances.
I would like to also mention that the letters have been addressed to Mr. and Mrs. Weber. This is not our
name or the owner name of record for the property. My last name is Webber and My husbands last name
is Abfalter. We are the legal owners. One would expect the county officials to get that right
ineerely,
onda`Welter >
P EiIt MITS Id: MISC120 Keyword: @ACTM User: JCHESTER 04/08/97
A itional Notations for Inspection item: 00400 Violation
Permit No: VI -9700021 Owner: WEBBER RHONDA & 04d/leg �� , p �,
Status: CLOSED Address: 2700 WCR 10 WEL VI
Notice: NONCOMMERCIAL JUNKYARD LOCATED ON PROPERTY
Line Insp. Date Text
1 04/07/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE
2 04/07/97 WELD COUNTY ZONING ORDINANCE. THE PROPERTY IS IN COMPLIANCE
3 04/07/97 AT THIS TIME. THE DERELICT VEHICLES HAVE BEEN REMOVED FROM
4 04/07/97 THE PROPERTY. JULIE CHESTER, ZONING COMPLIANCE OFFICER
Enter Option: A=Add, C=Change, D=Delete, I=Inspect
Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit
Comment Added O.K.
DATE: April 3, 1997
VIOLATION NUMBER: VI -9700021
NAME: Chuck and Rhonda Webber
ADDRESS: 2700 WCR 10, Erie, CO 80516
LEGAL DESCRIPTION: Part of the NE4 of the Section 16, Township 1N, Range 68W, AKA Lot
5, Carlson Subdivision, Weld County, Colorado
PARCEL NUMBER: 146716001021
CASE SUMMARY:
February 4, 1997 Initial complaint received and referred to Julie Chester, Zoning
Compliance Officer.
February 4, 1997 Initial inspection of the property. Property is not in compliance.
February 7, 1997 Five day encouragement compliance letter sent.
February 12, 1997 Telephone conversation with Rhonda Webber.
February 12, 1997 Weld County Zoning Ordinance and definitions faxed to Rhonda
Webber, as they pertain to the Agricultural Zone District.
February 20, 1997 Progress inspection of the property. Property is not in compliance.
February 26, 1997 Thirty day Zoning Violation Notice sent to the property owners.
March 12, 1997 Telephone conversation with Chuck Webber.
March 27, 1997 Progress inspection of the property. Property is not in compliance.
March 28, 1997 Letter sent to the property owners indicating that the violation is
scheduled before the Board of County Commissioners.
The noncommercial junkyard is still located on the property, therefore is a violation of Sections 31.2
and 31.3.9 of the Weld County Zoning Ordinance. To bring the property into compliance the
noncommercial junkyard must be removed from the property or screened from all adjacent
properties and public rights of way.
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.
111k.
COLORADO
March 28, 1997
Chuck and Rhonda Weber
2700 WCR 10
Erie, CO 80516
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Subject: VI -9700021 Legal Description: Pt of the NE4 of Section 16, Township 1N, Range 68W
beg NE cor Sec W1320' to True POB $660' W330' N660' E330' to POB, AKA Lot 5, Carlson
Subdivision, Weld County, Colorado
Dear Mr. and Mrs. Weber:
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 April 8, 1997 at 10:00 a.m. to
consider the violations occurring on the 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 violations.
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.
Julie Chester
Zoning Compliance Inspector
pc: VI -9700021
PERMITS Id: MISC120 Keyword: @ACTM User: JCHESTER
Additional Notations for Inspection item: 00400
Permit No: VI -9700021 Owner: WEBBER RHONDA &
Status: ISSUED Address: 2700 WCR 10 WEL
Notice: NONCOMMERCIAL JUNKYARD LOCATED ON PROPERTY
Line Insp. Date Text
1 03/27/97
2 03/27/97
3 03/27/97
4 03/27/97
5 03/27/97
6 03/27/97
7 03/27/97
8 03/27/97
9 03/27/97
10 03/27/97
03/31/97
Violation
THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE
WELD COUNTY ZONING ORDINANCE, SECTIONS 31.2 AND 31.3.9. THE
PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS A NON-
COMMERCIAL JUNKYARD LOCATED ON THE PROPERTY CONSISTING OF
DERELICT VEHICLES. TO BRING THE PROPERTY INTO COMPLIANCE
THE DERELICT VEHICLES MUST HAVE CURRENT LICENSE PLATES AND
BE IN RUNNING CONDITION OR BE REMOVED FROM THE PROPERTY OR
BE SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS
OF WAY.
JULIE CHESTER, ZONING COMPLIANCE OFFICER
Enter Opt=Add, 'C=Ch ge, D=te, I=Inspect
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Comment Added O.K.
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
CITIZEN INQUIRY FORM
1400 N. 17TH AVENUE, GREELEY, CO 80631
PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312
ta-TgrEPHONE'� ❑ OFFICE FIRST INQUIRY? liX€S ❑ NO DATE:
NAME: (1L__.
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ADDRESS:
PHONE:
TYPE OF INQUIRY:
O MHZP
O ZPMH
❑ RE
❑ AMENDED RE
O SE
O AMENDED SE
❑ SITE PLAN REVIEW
❑ REZONING
❑ PUD SKETCH PLAN
❑ PUD DISTRICT
O PUD FINAL PLAT
PERSONNEL
❑ Keith Schuett
❑ Chris Goranson
❑ David Sprague
ITEMS DISCUSSED:
!� - ovba-/
❑ SKETCH PLAN
❑ PRELIMINARY PLAN
❑ FINAL PLAT
❑ RESUBDIVISION
❑ FHDP
❑ GHDP
❑ USR
❑ AMENDED USR
❑ USR MINING
❑ USR MAJOR FACILITY
❑ USR DISPOSAL SITE
❑ Shani Eastin
❑ Kern Keithley
❑ Johnny Rot?erts
O MINOR SUB SKETCH PLAN
❑ MINOR SUB FINAL PLAT
❑ ZONING
❑ ADDRESSING
❑ BUILDING PERMIT
O SETBACKS/OFFSETS
O H ,4E OCCUPATION
)a -VIOLATION
O OTHER
O
d
❑ Gloria Dunn DTodd odges
❑ Ed Stoner
❑ Jeff Reif
❑ Roger Vigil
❑ Will Birchfield
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Time Spent Staff Member's !riffle
citizen
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
February 26, 1997 Violation Number : VI -9700021
Rhonda Webber
2700 WCR 10
Erie, CO 80516
Legal Description : Pt NE4 of Section 16, Township 1N, Range 68W Beg NE cor Sec W1320' to True
POB $660' W330' N660' E330' to POB, AKA Lot 5, Carlson 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. This is not a use allowed by right in the Agricultural zone
district.
The violation can be corrected by removing the derelict vehicles from the property or screening them
from all adjacent properties and public rights of way. If screening is to be used to conceal the derelict
vehicles, a detailed screening plan must be submitted to and approved by the Department of Planning
Service's staff 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 February 26, 1997 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,
al() a/j45—
Julie Chester
Zoning Compliance Officer
pc: VI -9700021
PERMITS Id: MISC120 Keyword: UACT User: JCHESTER
Additional Notations for Inspection item: 00400
Permit No: VI -9700021 Owner: WEBBER RHONDA &
Status: ISSUED Address: 2700 WCR 10 WEL
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Enter Option:
02/26/97
Violation
Text
THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE
WELD COUNTY ZONING ORDINANCE, SECTIONS 31.2 AND 31.3.9. THE
PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS A NON-
COMMERCIAL JUNKYARD LOCATED ON THE PROPERTY CONSISTING OF
DERELICT VEHICLES. MS. WEBBER INDICATED THAT SHE WILL BE
MOVING THE VEHICLES TO AN AREA WHERE THEY WOULD BE SCREENED
FROM ADJACENT PROPERTIES AND PUBLIC RIGHTS OF WAY. AT THE
TIME OF INSPECTION THIS HAD NOT YET BEEN DONE.
JULIE CHESTER, ZONING COMPLIANCE OFFICER
A=Add, C=Change, D=Delete, I=Inspect
Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit
Comment Added O.K.
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
CITIZEN INQUIRY FORM
1400 N. 17TH AVENUE, GREELEY, CO 80631
PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312
TELEPHONE ❑ OFFICE FITT INQUIRY? ❑ YES ❑ NO DATE: 2— I z' 97
NAME: -ZNo41)A Ll)EEm_ PHONE:
ADDRESS:
TYPE OF INQUIRY:
❑ MHZP
O ZPMH
p RE
O AMENDED RE
❑ SE
❑ AMENDED SE
p SITE PLAN REVIEW
O REZONING
O PUD SKETCH PLAN
O PUD DISTRICT
❑ PUD FINAL PLAT
PERSONNEL
q Keith Schuett
!1� Chris Goranson
❑ David Sprague
O SKETCH PLAN
O PRELIMINARY PLAN
❑ FINAL PLAT
❑ RESUBDIVISION
❑ FHDP
❑ GHDP
❑ USR
❑ AMENDED USR
❑ USR MINING
❑ USR MAJOR FACILITY
❑ USR DISPOSAL SITE
❑ Shani Eastin
❑ Kerni Keithley
❑ Johnny Roberts
ITEMS DISCUSSED: h1es (,V
Elha� -geC I;tv ED (i Cowl Pcp,w t
❑ Gloria Dunn
❑ Ed Stoner
❑ Jeff Reif
❑ MINOR SUB SKETCH PLAN
❑ MINOR SUB FINAL PLAT
❑ ZONING
❑ ADDRESSING
O BUILDING PERMIT
❑ SETBACKS/OFFSETS
❑ HOME OCCUPATION
O VIOLATION
❑ OTHER
❑ Todd Hodges
❑ Roger Vigil.
❑ Will Birchfield
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Staff Members Initials
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COLORADO
February 7, 1997
Rhonda Webber
2700 WCR 10
Erie, CO 80516
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: VI -9700021, Legal Description: Pt NE4 of Section 16, Township 1N, Range 68W
Beg NE cor Sec W1320' to True POB S660' W330' N660' E330' to POB, AKA Lot 5,
Carlson Subdivision, Weld County, Colorado
Dear Ms. Webber:
It has come to the attention of the Department of Planning Services' staff that the uses on your
property (2700 WCR 10) may not be in compliance with the Weld County Zoning Ordinance.
The potential noncompliance with the zoning ordinance is a noncommercial junkyard consisting
primarily of derelict vehicles.
Please call me within five working days of the date of this letter to review the concerns with me.
Sincerely,
fi C�Y/uvs�L
Julie Chester
Zoning Compliance Officer
pc: VI -9700021
SERVICE, TEAMWORK, INTEGRITY. QUALITY
PERMITS Id: MISC120 Keyword: AACT User: JCHESTER
Additional Notations for Inspection item: 00400
Permit No: VI -9700021 Owner: WEBBER RHONDA &
Status: COMPLNT Address: 2700 WCR 10 WEL
02/07/97
Violation
Line Insp. Date Text
1 02/04/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE
2 02/04/97 WELD COUNTY ZONING ORDINANCE, SECTIONS 31.2 AND 31.3.9. THE
3 02/04/97 PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS A NON -
4 02/04/97 COMMERCIAL JUNKYARD LOCATED ON THE PROPERTY CONSISTING OF
5 02/04/97 SEVERAL DERELICT VEHICLES. TO BRING THE PROPERTY INTO
6 02/04/97 COMPLIANCE THE DERELICT VEHICLES MUST BE REMOVED FROM THE
7 02/04/97 PROPERTY, HAVE CURRENT LICENSE PLATES AND BE IN OPERABLE
8 02/04/97 CONDITION OR BE SCREENED FROM ALL ADJACENT PROPERTIES AND
9 02/04/97 PUBLIC RIGHTS OF WAY.
10 02/04/97 JULIE CHESTER, Z N NG COMPLIANCE OFFICER
Enter Option: A=Add, C=Change, D=De ete, I=Inspect
Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit
Comment Added O.K.
Permit No VI -9700021
COMPLAINT
DATA SHEET
02/07/97
Page: 1
09:42
Data: Full Description
Description: COMPLAINT: NONCOMMERCIAL JUNKYARD ON PROPERTY
(DERELICT VEHICLES)
Data: Process Tables
Screen No: 01
Base Information
Parcel No: 1467 16 001021
Owner: WEBBER RHONDA &
Status: COMPLNT Written By: JAC
Description: COMPLAINT: NONCOMMERCIAL JUNKYARD ON PR
Location: 2700 WCR 10
Zoning Dist: AGRICULTURAL Permit Num:
App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi")
Class Code: VI -2
noncommercial junkyard
Complaint: 02/04/1997 Init: JAC NO VI: 00/00/0000 [nit:
5 Day Letter: 02/07/1997 Init: JAC
Issued: 00/00/0000 Init:
Inspection: 02/04/1997 Init: JAC
BCC Vio: 00/00/0000 Init:
Court: 00/00/0000 !nit:
Closed BCV: 00/00/0000 [nit: Closed VI: 00/00/0000 !nit:
Sec/Twn/Rng: 16 01 68
Screen No: 02
Zoning Information
Parcel No :1467 16 001021
Legal Descr:24860-05 PT NE4 16 1 68 BEG NE COR SEC W1320' TO TRUE P0B $6
Owner Name :WEBBER RHONDA & Date:00/00/0000 Verified:
Setbacks N: S: E: W: Req by Zoning Sec Two Rng:16 01 68
Notes:
Zoning Dist:AGRICULTURAL Acres .00
•* 1=Yes, 2=No, 3=Appr/Cond Met, 4=Appr/Cond Not Met **
Legal Lot 1 Site Plan Review SPR
Prior to Zoning Yr
80 Acres
Rec Exemption RE
Sub Exemption SE
Use Spec Review USR
Planned Unit Dev PUD
Subdivision S
Change of Zone COZ
1 Board of Adjustment BOA
1 Non -Conforming Use NCU
1 Flood Hazard Dev FHDP
1 Geological Hazard GHP
1 Accessory Dwelling ZPAD
1
1
1 Violation VI
Screen No: 03
Violation Letter Text
Use this screen to add text to be merged with violation letters.
For all Letters -
For all Letters -
Dear... : (include ',')
My Name:
My Title:
Permit No VI -9700021
COMPLAINT
DATA SHEET
02/07/97
Page: 2
09:42
Data: Process Tables Continued...
Permit Nun:
Ordinance Section:
For Case Summary - To bring property into compliance...
Data: People
OWNER WEBBER RHONDA &
2700 WELD CO RD 10
ERIE CO
80516
02/07/97
Data: Conditions
Data: Comments
Data: Inspections
Item: 00404 TELEPHONE CALL Dept: Division:
Item: 00405 LETTER Dept: Division:
02/07/1997 JAC Action: VI FIVE DAY LETTER SENT Time: 00:00
Item: 00400 SITE INSPECTION Dept: Division:
02/04/1997 JAC Action: VI INITIAL INSPECTION Time: 00:15
Item: 00406 OFFICE VISIT Dept: Division:
Data: Approvals
Item: 00001 Building Department Dept: BUILDING Division:
Item: 00002 Planning Department Dept: PLANNING Division:
Data: Locks, Holds, Notices
Data: Addresses
2700 WCR 10 WEL
02/07/97
Data: Parcels
146716001021 / /
P ERMITS Id: ASSR100M Keyword: @ASSRD User: JCHESTER 02/07/97
Parcel General Information Maintenance
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❑ General Parcel Data Maint - Action: Inspect a Record 0
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❑ Parcel No: 1467 16 001021 Rg Ts Sec : 680116 0
❑ Status: A Active Retired(Y/N): N ❑
❑ Street Address: 2700 Dir: St: WCR 10 City: WEL 0
O Situs Location: 2700 10 CR WELD ❑
❑ Legal Desc: 24860-05 PT NE4 16 1 68 BEG NE COR SEC W1320' TO 0
❑ Acres: 5.00 0
❑ X-COORD: ❑
O Y-COORD: ❑
❑ Tax Rate Area: 1383 0
a Assr Use Code: 5728786 Assessed/Exempt: a
O Pub Owned(Y/N): N ❑
O Primary Owner: WEBBER RHONDA & Phone: ❑
O Mailing Addr: 2700 WELD CO RD 10 ❑
❑ ERIE CO Q
❑ Zip: 80516 ❑
O Contract Owner: Percent/Ownership: .00 ❑
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P ERMITS Id: ASSR100D Keyword: @ASSRD User: JCHESTER 02/07/97
Parcel Legal Description Maintenance
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O Parcel Legal Description - Action: Inspect Page: 1 0
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❑ 24860-05 PT NE4 16 1 68 BEG NE COR SEC W1320' TO 0
❑ TRUE POB $660' W330' N660' E330' TO POB AKA L5 C 0
❑ ARLSON SUB Q
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O Parcel: 1467 16 001021 Use: 5728786 Owner: WEBBER RHONDA & 0
a Situs: 2700 10 CR WELD Acres: 5.000
O Legal: 24860-05 PT NE4 16 1 68 BEG NE COR SEC W1320' TO 0
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P ERMITS Id: MISC301 Keyword: @ASSRD User: JCHESTER 02/07/97
User Defined Data Fields for Parcel No: 1467 16 001021
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Parcel No: 1467 16 001021 0
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Recorded n ti'n
B 1440REC 162386863.-05/04/94 15:31 $5.00 ,11/001.r
F 0507 NARY ANN FEUERSTEIN CLERK 8 RECORDER WELD CO,' CO
AR2386663
f 4 a WARRANTY--DEED'v ,t.}r Sew `1 M ,� .•,p,�n,' 4 xr,
iTffS ED Made this 2977( day of APRIL, 1994 between 4 !'
G MNEWEBBER - r< a a t
ryr ofthe County of BOULDER and Smtof COLORADO grantor and { , STATE DOCUMENT RV FEE H M'
{H Q:
MW
RHormA wEBBEn.na CHARLES z tABFALTER �* ^ ; ;w
„¢. Dlte r+ �
wMse legal address is 2700 WELD COUNTY ROAD /10 :+ wk $ �2
of thegrantees:
F.IthCOLORADO 60516 `
County of WELD and State of COLORADO grantee e. ..j :
WTTNPSS, that the grader, for and In consideration of the sum of ONE HUNDRED TEN TII OUSAND AND 00/100th. DOLLARS,
(5110,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
Rx presents does grant, bargain sell, convey and confirm unto the grantees, their heirs and assigns forever, not In tenancy In common but
ii ha Joint tenancy, all the real propertytogether with Improvementsif any situate, lying and being in the County of WELD, and State of
ALL THAT PART OF THE NE 1/4 OF SECTION 16, TOWNSHIP I NORTH, RANGE 68 WEST
{ OF TIM 6T1{ P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT .;,;
,: THE NE CORNER OF SAID SECTION 16; THENCE WEST ALONG THE NORTH LINE OF
SAID SECTION 16, 1320 FT. TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
(: PARALLEL TO THE EAST LINE OF SAID SECTION 16, 660 FEET; THENCE WEST AT
RIGHT ANGLES 330 FEET; THENCE NORTH AT RIGHT ANGLES 660 FEET TO THE NORTH
LINE OF SAID SECTION 16, THENCE EAST ALONG SAID NORTH LINE 330 FEET TO 'THE
TRUE POINT OF BEGINNING; EXCEPT ANY PORTION OF SAID PARCEL OF LAND NIDCII
MAY BE INCLUDED WITHIN A STRIP OF LAND 100 FEET IN WIDTI{ INCLUDED BETWEEN
LINE PARALLEL WITH AND 50 FEET DISTANT ON EACH SIDE FROM THE CENTER LINE
OF THE MAIN SPUR TRACK OF UNION PACIFIC RAILROAD LEADING TO THE BOULDER ,
VALLEY COAL CO. MINE, AS CONVEYED TO UNION PACIFIC RAILROAD CO., BY
WARRANTY DEED RECORDED NNE 9 1919 IN BOOK 554 AT PAGE 338 WELD COUNTY <p'tr
RECORDS. - iJ n yy l r r Y
COUNTY OF WELD, STATE OF COLORADO
also known by street and number n 2700 WELD COUNTY ROAD /10, ERIE, COLORADO 80516
TOOL tILR with allandsingular the hereditaments and appurtenances thereunto belonf ing,'orb anywise appertandng and the
reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the grantor, either in law or equity, of, in end to the above bargained premises, with the hereditament, and
appurtenances. ., thes."rt e,,c: - heirs
,,. TO HAVE AND TO HOLD the raid premises above bargained and de pres ed, with the enancn, unto the grantees, their heir
and h assigns forever: And the grantor, for himself, his heirs and personal representative,, does covenant, grant, bargain and theagree to eternises ed
with the grantees, their heirs and assigns, dot as the tame of the es and delivery of these pnsentfe he is well seed of the tght,
above conveyed, has good, sure, perfect, absolute and Indefeasible estate of inheritance, in law, in fee simple, and has good right. fur
power and lawfnt authority to grant, bargain, sell and convey the same in manner and form aforesaid, ant and that the same er free and clear
from all finer and escr grants, bargains, p16, liens, taxes, assessments, encumbrances ores restrictions of whatever kind or nature
rogue- except for taxes for the carnal year, a lien but not yet due or payable, easements, redrktlona, reservations, covenants and
rights -of -way of record. Han? , 6, vF ) • ,
dA The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises In the quiet and peaceable possession
of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming de whole or any part thereof. d-',/tf s
.The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all gendersi[ yc�r
IN WITNESS WHEREOF the grantor has executed this deed on the date set for hh a e. . a 9
STATE OF COLORADO
)a.
COUNTY OF BOULDER )
ment was acknowledged before me this 29TH day of APRIL, 1994 by GWENM. WEBBER
09-03-95
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eecAdditional USER DEFINED Assessor Parcel InformationoeeeeeeeeecScreen No: 01O£
❑ ❑
❑ Parent Parcel No ❑
❑ Book No. 1440 ❑
❑ Reception No. 02386863 ❑
❑ Document Type ❑
❑ Ownership Type ❑
❑ Recording Date 05/04/1994 May 04, 1994 ❑
❑ Zoning Dist ❑
❑ Legal Lot ❑
❑ Prior To Zoning ❑
❑ Prior To Zoning Year ❑
❑ > 80 Acres ❑
❑ Recorded Exemption ❑
❑ Rec Exemption Permit ❑
❑ Rec Exemption Approv ❑
❑
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Enter Screen Number: 2 or ESC=Exit Table Processing
W
COLORADO
DEPARTMENT OF PLANNING SERVICES
COMPLAINT REPORT
�ING COMPLAINT Comsjaint Initiated by:
a BUILDING CODE COMPLAINT ea. -Staff y Citizen o Other
LEGAL DESCRIPTION: /i Y 4)E eft/6 7_6g 4." /of c er^"'arn St --6
VIOLATION ADDRESS: ,r;29C0 w«- /0 F'574,
/
Parcel # /16 I/6 00/027 ATTACH COPY OF DEED
Property Owner's Name: C%`.“,2 Ognie/A 420 -"Toone #
Property Owners Address: a � A) C9 7o G S76
Tenants Name and Mailing Address:
NATURE OF COMPLAINT:
c.I //4-/u P ��
Zoning Complaint Referred To:
Building Code Complaint Referred To:
Case Assigned To:
Date: a/V/1
Date: �
Date: -9/7'/! / 1
ACTION OF INVESTIGATOR: Date of Inspection: a/il/l
Inspection of property indicates:
❑ No violation of the Weld County ❑ Zoning / o Building Code Ordinance
Referred to: on
o No violation of the Weld County ❑ Zoning / ❑ Building Code Ordinance
Violations of the following Sections of the gZoning -9) - 7 ire 3/ 3%
a Building Code Ordinance
ACTION ON COMPLAINT:
CASE REVIEWED BY SUPERVISOR
SUPERVISOR'S COMMENTS
NOTE: Attach all pertinent information and'facts disclosed by investigation to this form.
o No Action Taken/No Violation __a-Vt'6Ttion Fil Started
Date Date
Date
Hello