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HomeMy WebLinkAbout951023.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JOSEPH AND DOROTHY VIDAL 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, Joseph and Dorothy Vidal, VI #2177, 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 16th day of May, 1995, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Michael Charlesworth, tenant representing the property owners, 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 and tenant to complete screening and 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 thirty days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on June 16, 1995, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Joseph and Dorothy Vidal 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. 951023 PL0824 �C; PG;C/1]V/L�AL_ VI #2177 - VIDAL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of May, A.D., 1995. BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM: Clerk to the Board L hullo the Board ount A ttorney WELD COUNTY, COLORADO cf Dale K. Hall, Chairman) 2 /Barbara Kirkmeyer, o'Tem O George E Baxter Fxr))SFn Constance L. Harbert a r I A W. H. Webster 951023 PL0824 Mitt WUDc COLORADO Inspection Report NAME: Joseph and Dorothy Vidal LEGAL DESCRIPTION OF PROPERTY: Lot 59 and 60, Block H, Evans Addition, Weld County, Colorado DATE OF INSPECTION: May 15, 1995 CASE NUMBER: VI -2177 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. There has been significant improvement on the above described property. There is no longer any junk in the front yard and Mr. Michael Charlesworth (tenant) has built a fence screening his derelict vehicles and other junk in the backyard, except for about a twenty foot section along the south side of the property. He indicated he needed more time to complete the fencing in this section. I also met with the property owner (Joseph Vidal) at the time of inspection and he indicated that he was happy with the clean-up effort of Mr. Charlesworth and more time for completing the fence was alright with him. A video and three pictures were taken of the non-commercial junkyard in the backyard and the twenty foot uncompleted section of fence. Julie Chester Zoning Inspector 951023 DATE: May 10, 1995 VIOLATION NUMBER: VI -2177 NAME: Joseph and Dorothy Vidal ADDRESS: 423 Dunmire St., Evanston, CO LEGAL DESCRIPTION: Lot 59 and 60, Block H, Evans Addition, Weld County, Colorado CASE SUMMARY: February 24, 1995 Five-day compliance encouragement letter sent. March 16, 1995 Zoning Violation Notice sent to property owner and resident. April 27, 1995 Property inspected. Some progress made, but still in violation. May 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 a screening plan must be submitted and approved or the noncommercial junkyard must be 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 person claiming an interest in the properties, and any persons acting in active concert with the identified parties. 951023 `:;, C. 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 Joseph and Dorothy Vidal P.O. Box 33431. Northglenn, CO 80233-0431 Subject: VI- 2177, Legal Description: Lot 59 and 60, Block H, Evans Addition, Weld County, Colorado Dear Mr. and Mrs. Vidal: 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 May 16, 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 May 15, 1995. If you have any questions concerning this matter, please call me. Sincerely, Julie Chester Zoning Inspector 44;. 2177 SERVICE. TEAMWORK, INTEGRITY, QUALITY 951023 Wale. COLORADO Inspection Report NAME: Joseph and Dorothy Vidal LEGAL DESCRIPTION OF PROPERTY: Lot 59 and 60, Block H, Evanston Addition, Weld County, Colorado DATE OF INSPECTION: April 27, 1995 CASE NUMBER: C-95-20 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. There has been progress in bringing this property into compliance, but there were still some problems which were discussed with Michael Charlesworth (resident). There is still a non- commercial junkyard which consists of a pile of wood and a transmission in the front yard and many derelict vehicles in the backyard which is still not properly screened. To bring the property into compliance the junk in the front yard needs to he removed and proper screening in the backyard to screen the derelict vehicles from adjacent property. Mr. Charlesworth indicated he had cooperated in removing most of the junk and would attempt to remove the remainder of it in the next few days and finish screening the remainder of the backyard. One photograph of the front yard was taken and one photograph of the backyard where the fence needed to be finished was also taken. CgaiS 7; c Julie Chester Zoning Inspector 951023 W1�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 March 16, 1995 Violation Number : VI -2177 Joseph and Dorothy Vidal P.O. Box 33431 Northglenn, CO 80233-0431 Legal Description : Lot 59 and 60, Block H, Evans Addition, 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 vehicle, junk) located on the property that 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 noncommercial junkyard from the property, totally screening it from all adjacent properties and public rights -of -way, or totally enclosing the noncommercial junkyard in a building or structure. The choice of screening the noncommercial 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 until April 16, 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 pc : Resident 423 Dunmire St. Evanston, CO 951023 ,00 111111Dc. 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 March 16, 1995 Violation Number : VI -2177 Joseph and Dorothy Vidal P.O. Box 33431 Northglenn, CO 80233-0431 Legal Description : Lot 59 and 60, Block H, Evans Addition, 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 vehicle, junk) located on the property that 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 noncommercial junkyard from the property, totally screening it from all adjacent properties and public rights -of -way, or totally enclosing the noncommercial junkyard in a building or structure. The choice of screening the noncommercial 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 until April 16, 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 pc : Resident 423 Dunmire St. Evanston, CO 951023 COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 February 24, 1995 Joseph and Dorothy Vidal P.O. Box 33431 Northglenn, CO 80233-0431 SUBJECT: C-95-20 Property located at Lot 59 and 60 Block H, Evans Addition, Weld County, Colorado. Dear: Mr. and Mrs. Vidal It has come to the attention of the Department of Planning Services' staff that the uses on your property may not he in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the ordinance is a noncommercial junkyard ie:( derelict vehicle and junk) located on the property without proper screening from adjacent properties and public rights -of -way. The noncommercial junkyard is not a use allowed by right in the A (agricultural) zone district, however is an accessory use subject to the additional requirements - of section 31.5, 40, and 50 of the Weld County Zoning Ordinance. Please call me within five working days of the date of this letter to review the department's concerns. Sincerely, Barry Kramer Building Inspection Specialist pc Resident 423 Dunmire St. Evanston, CO SERVICE, TEAMWORK, INTEGRITY, QUALITY 951023 PARC TP: R PIN: 5498686 PARC VIDAL JOSEPH & DOROTHY _. PARCEL INQUIRY 131130309004 ASSMT YR: 1995 LAST UPDATE: ACTIVE ON: INACTIVE ON: MAP#: ATIIN022 04/11/1991 09/16/1986 / / 1424 P O BOX 33431 NORTHGLENN TAX AREA 1344 DATE LAST ASSESS LAST ASSESS LAND LAST ASSESS BLDGS TOTAL LAST ASSESS PRIOR YEAR ASSESS REC DT 12/18/81 NUMBER 9560 01877519 DOC FEE 20661 L59-60 EXC MINERALS PF3: PROFILE PF4: OWNERS MESSAGE: 0.00 CO 80233-0431 .096323 1994 04/22/1994 590 3460 4050 4050 DEED TP QCD WOL BLK H EVANS ADD & COAL%423 DUNMIRE% PF5:LEGALS PF6:DOC HIST 1112 TOT LAND 1212 TOT BLDGS TOTAL VALUE PF7:NEXT PARCEL PF10:PLOC _moo 590 590 3460 3460 4050 PF11:MENU PF12:REAL 951023 Hello