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Home My WebLink About970667.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TANYA BOMGARDNER 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, Tanya Bomgardner, VI #9600283, is allegedly in violation of the Weld County Zoning Ordinance, and WHEREAS, at a hearing on March 11, 1997, the Board deemed it advisable to allow said property owner to reduce by attrition the number of animal units on the subject property to the acceptable number (2.0) for the zone district in which said property is located by attrition, without addition to or replacement of animals currently located on said property, and WHEREAS, on the 8th day of April, 1997, a public hearing was held before the Board of County Commissioners for the purpose of reconsidering the Board's previous decision regarding said violation, prompted by a letter received from Norm Nash, adjacent landowner, and WHEREAS, Tanya Bomgardner, property owner, was present at said hearing, and WHEREAS, the Board, having heard public comment and staff recommendations, deems it advisable to rescind Resolution #970454, dated March 11, 1997, and WHEREAS, the Board further finds it prudent to again refer said violation to the Weld County Attorney's Office, with an instruction for delay of action upon such referral for a period of three (3) years, conditional upon the following: 1. The subject property owner must obtain necessary building permits for an addition to the principal dwelling. 2. The subject property must be in compliance with the animal unit requirement of the Weld County Zoning Ordinance within three (3) years. 3. Compliance is to be attained by attrition with no animal units replaced or added. 4. Department of Planning Services staff shall inspect subject property once per year until in compliance or the end of the three (3) year period, whichever comes first. 970667 PG; oI ,Sarcke.- PL0824 VI #9600283 - TANYA BOMGARDNER PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Resolution #970454, dated March 11, 1997, be, and hereby is, rescinded. BE IT FURTHER RESOLVED, that said violation be, and hereby is, referred to the Weld County Attorney for legal action against Tanya Bomgardner 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, with an instruction for delay of action upon such referral for a period of three (3) years, subject to the abovementioned conditions. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of April, A.D., 1997. 40•1712 ty Clerk to the Board eputy Cle to the Board APPROVED AS TO FSRM: ounty ttorn y BOARD OF COUNTY COMMISSIONERS WELCOUNTY, COLQRADO Georg E. Baxter, Chair Constance L. Harbert, Pro -Tern EXCUSED Dale K. Hall EXCUSED Barbara J. Kirkmeyer ID) ifriA5p 970667 PL0824 DATE: April 3, 1997 VIOLATION NUMBER: VI -9600283 NAME: Bomgardner ADDRESS: 1218 E. 20th Street, Greeley, CO 80631 LEGAL DESCRIPTION: Lot 2, Block 1, VGG Subdivision, Weld County, Colorado PARCEL NUMBER: 096116101002 CASE SUMMARY: (Since last BCC violation hearing) March 10, 1997 Progress inspection of the property. Property is not in compliance. March 11, 1997 Board of County Commissioners Violation Hearing. March 13, 1997 Letter sent from Norman Nash, Attorney and adjacent property owner to Ms. Bomgardner. March 19, 1997 Work session with the Board of County Commissioners. March 24, 1997 Letter sent to Tonya Bomgardner scheduling the violation case before the Board of County Commissioners for reconsideration. March 26, 1997 Telephone conversation with Tonya Bomgardner. March 27, 1997 Telephone conversation with Tonya Bomgardner. The are still too many animal units located on the property, therefore is a violation of Sections 32.2.2, 32.2.2.1, 32.2.3, 32.2.3.6 and 32.7.8 of the Weld County Zoning Ordinance. To bring the property into compliance the animal units must be brought to two animal units in the Residential Zone District. All items considered part of a 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. 970667 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 ,SerILEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES. NO DATE: NAME: ---Fenr ADDRESS: IG . TYPE OF INQUIRY: O MHZP ❑ ZPMH O RE O AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL O Keith Schuett ❑ Chris Goranson ❑ David Sprague ITEMS DISCUSSED: 3/2-7-10-- 0(-4-1-11i/v- PHONE: 35 - ! 0l0 RA -ca O SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT O RESUBDIVISION ❑ FHDP ❑ GHDP O USR ❑ AMENDED USR ❑ USR MINING O USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ Shani Eastin ❑ Kerni Keithley ❑ Johnny Roberts ❑ Gloria Dunn ❑ Ed Stoner ❑ Jeff Reif ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ H OCCUPATION OLATION ❑ OTHER p ❑ Todd Hodges ❑ Roger Vigil O Will Birchfield C ecc 4( codocw Time Spent 1 !fit— Staff Members Initials "Cr A citizen 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 ELEPHONE ❑ OFFICE FIRST INQUIRY2AYES NO DATE: J' /2-60 I q t NAME: (� ADDRESS: PHONE: C-2) 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 ❑ Chris Goranson ❑ David Sprague ITEMS DISCUSSED: ❑ SKETCH PLAN ❑ PRELIMINARY PLAN O FINAL PLAT ❑ RESUBDIVISION p FHDP ❑ GHDP ❑ USR ❑ AMENDED USR p USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ Shani Eastin ❑ Kerri Keithley ❑ Johnny Roberts ❑ Gloria Dunn O Ed Stoner ❑ Jeff Reif ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION ❑ OTHEATION OTHER p ❑ Todd Hodges ❑ Roger Vigil O Will Birchfield Lt) a-11 b (W 0017, 4(1 -1,v ,64:1c -N �. J� 034 Time Spent��t>O citizen Staff Members InitialsC4( Wi�Yc. COLOR9O0 March 24, 1997 Tanya Bomgardner 1218 E. 20th Street Greeley, CO 80631 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 -9600283 Legal Description: Lot 2, Block 1, VGG Subdivision, Weld County, Colorado Dear Ms Bomgardner: The property referenced above is being scheduled before the Weld County Board of County Commissioners to reconsider the zoning and building code violations. I have scheduled a meeting with the Board of County Commissioners on April 8, 1997 at 10:00 a.m. 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. If you have any questions concerning this matter, please call me. Julie Chester Zoning Compliance Inspector pc: VI -9600283 County Attorney's Office 04/02/97 22:35 ID:Konica-7310 FAX: PAGE 1 COIM1TSSSONERS WORK SESSION NOTES: WREN O≥< riAn3 1'L-,.-1227 Commissioners Baxter, Harbert, Hail, and Kirkmeyer. present Commissioners Webster absent ! Stati: Vicky Sprague March 17, 1997 Roard pt Ea alization Scheduling: Carol Harding The assessor expects 5,000 to 6,000 Board of Equalisation eases this year. The board will probably hear about 7-101 of that number. Tho commissioners agreed that the assessor's representative will be allowed five minutes to speak and the petitioner will have Len. minutes. Cases will ho arheduled in blocks of approximately 90 minutes. Petitioners will be advised to sign in as they arrive and that cases will be heard on a first.-come/first.-served. basin. Hearings will be scheduled when at leant. three commissioners are available. March 19, 1997 Tanya Baumuardner Violation: Monica Daniels -Mika, Julie Chester, aruce Harker The board heard a violation cane March 11 concerning animal uni. r.a on Tanya Baumgardner's property. New information has Since been received, including a letter from Norman Nash dated March 13. The board decided to bear the case again April H. Ms_ Baumgardner and surrounding property owners will be notit i ed of the hearing so they can attend and testify. CC: Commissioners County Council Don Warden Clerk to the Board Bruce Barker warren Lasell Monica Daniels -Mika Julie Chester Post -it' Fax Note 7671 Cato (,.. f 1. t Cr( )e; t From Phuu,r N tot p"{!m, P• k j -, 04/03/97 10:40 TX/RX NO.6888 P.001 ■ Line Text 1 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 2 WELD COUNTY ZONING ORDINANCE, SECTIONS 32.2.2, 32.2.2.1, 3 32.2.3, 32.2.3.6 AND 32.7.8. THE PROPERTY IS NOT IN 4 COMPLIANCE AT THIS TIME. THERE ARE TOO MANY ANIMAL UNITS 5 ON THE PROPERTY. I OBSERVED APPROXIMATELY 4.6 ANIMAL UNITS 6 AT THE TIME OF INSPECTION, HOWEVER THERE WAS AN AREA THAT 7 I COULD NOT SEE IF THERE WERE MORE ANIMAL UNITS. THERE IS 8 ALSO A NONCOMMERCIAL JUNKYARD LOCATED ON THE PROPERTY 9 CONSISTING OF DEBRIS, USED BUILDING MATERIAL AND OTHER 10 MISCELLANEOUS JUNK. THERE IS ALSO SOMEONE LIVING IN A 11 CAMPER ON THE PROPERTY AND A SECOND RESIDENCE IN THE GARAGE. 12 TO BRING THE PROPERTY INTO COMPLIANCE THE ANIMAL UNITS MUST 13 BE NO MORE THAN 2 ANIMAL UNITS, ALL ITEMS CONSIDERED PART OF 14 A NONCOMMERCIAL JUNKYARD MUST BE REMOVED FROM THE PROPERTY, 15 THE CAMPER MUST NOT BE USED FOR ANY OVERNIGHT OR TEMPORARY 16 HOUSING AND THE BUILDING PERMIT MUST BE PAID FOR AND ISSUED 17 TO ADD THE GARAGE ONTO THE HOUSE. I MET WITH LLOYD AT THE 18 TIME OF INSPECTION. HE TOLD ME HE LIVED IN THE CAMPER SHELL MR 19 ON THE BACK OF HIS TRUCK AND HAD BEEN FOR AT LEAST 2-3 20 YEARS. A VIDEO WAS TAKEN AT THE TIME OF INSPECTION. 21 JULIE CHESTER, ZONING COMPLIANCE OFFICER PERMITS Id: MISC120 Keyword: @ACTM User: JCHESTER Additional Notations for Inspection item: 00400 Permit No: VI -9600283 Owner: BOMGARDNER TANYA L Status: ISSUED Address: 1218 E 20 ST GRE 03/11/97 Violation Insp. Date 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 03/10/97 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TANYA BOMGARDNER FOR VIOLATION OF THE WELD COUNTY BUILDING CODE AND 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, Tanya Bomgardner, VI #9600283, is allegedly in violation of the Weld County Building Code and Zoning Ordinances, 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 March, 1997, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Tanya Bomgardner, property owner, was present at said hearing, and WHEREAS, the Board heard all of the testimony and statements of those present, studied the recommendations of the Department of Planning Services staff and, having been fully informed, deems it advisable to refer said violation to the Weld County Attorney's Office, but to delay any action upon such referral for a period of ninety (90) days to allow adequate time for the property owner to complete the following: 1. Adequately screen or remove the noncommercial junkyard currently located on subject property. 2. Submit to and have approved by the Department of Planning Services appropriate permits to complete conversion of the garage on subject property, and WHEREAS, the Board further deems it advisable to allow the property owner to reduce the number of animal units on the subject property to the acceptable number (2.0) for the zone district in which the property is located, in accordance with the Weld County Zoning Ordinance, by attrition, without the addition to or replacement of the animals which are currently located on the subject property, and to delay any action by the County Attorney until such time as it may be determined by the Department of Planning Services staff that the animals currently located on the subject property have been added to or replaced. 970454 L'C ; /G; cA; /rnner PL0824 County Planning Dept. MAR 1 4 1997 March 13, 1997 NORMAN W. NASH ATTORNEY AT LAW \`171 ! / Col .. 7Ty.....,' 1224 EAST 20TH STREET GREELEY, COLORADO 8063 I TELEPHONE 970.395.9824 FACSIMILE 970.395.1 062 E-MAIL nnash@usa.net Board of Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: East 20th Street Zoning Violations I-' CLERFi TO /_ n5 HAND DELIVERED I am one of the homeowners who lodged a complaint with the Weld County Planning and Zoning Department regarding zoning violations on the property located at approximately 1220 East 20th Street. This letter is to inform you that the Weld County Board of Commissioners ("Board") abused its discretion by failing to set a time certain by which the violation of the number of animal units zoning ordinance must be abated. It is also to inform you that if the Board does not set a time certain for abatement which is in conformity with the time frames set in similar cases, that I will have no choice but to file an action against the Board in District Court pursuant to Colorado Rules of Civil Procedure Rule 106(a)(4) for abuse of discretion. My complaint was lodged by telephone on March 10 and it is my understanding that a hearing was held on March 11 before the Board pursuant to an earlier complaint lodged by another neighbor. It is my further understanding, that with respect to the number of animal units, the Board decided that the owner of the property may continue to violate the zoning ordinance virtually indefinitely. The landowner was allowed to keep nearly three times the number of animal units permitted by the zoning ordinance on her property but may not replace any of them until, through attrition, she is in compliance. That could very easily take years and will require daily inspections by the compliance officer to assure that animals are not being replaced after they die. My home is about seventy-five yards from the pens in which the animals are kept. I will not wait years for abatement of the ceaseless racket made by all those animals, which include chickens, geese, roosters, and turkeys. The Board has a duty to enforce the zoning ordinance in a manner that is consistent and which expeditiously achieves the purposes of the zoning ordinance. Allowing years to abate a violation is neither. It is my understanding that typically landowners are given sixty or ninety days to abate 6,�.t Jula-) ,04094- 9Q /a' occ Hello