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Home My WebLink About950205.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TIMOTHY ORTEGA 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, Timothy Ortega, VI #2140, is 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 February, 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, Timothy Ortega, property owner, was not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board of County Commissioners, after considering the recommendation of Department of Planning Services staff, deems it advisable to delay referral of said violation to the Weld County Attorney's Office until March 1, 1995, to allow adequate time for the property owner to relocate his business 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 individual without further Board action if the subject property is not brought into compliance by March 1, 1995. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on March 1, 1995, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Timothy Ortega 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. 950205 PL0824 CC ,` /12Z; (?,' CJr e q a_ VIOLATIONS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 1995. ATTEST: Weld County Clerk to the Board BY Deputy Clerk to the Board APPROVED AS TO FORM: unty Attorn Dale K. Hall, Chairman BOARD OF COUNTY COMMISSIONERS LD COUNTY, CQLQRADO FXCI ISFII Barbara J. Kirkmeyer, pro -Tern !`George 1=. Baxter FXCI ISFf1 Constance L. Harbert W. FIT Webster 950205 PL0824 Tim Ortega 2314 42nd Ave. Ct. Greeley, CO 80634 February 13, 1995 Dept of Planning Services 1400 N. 17th Ave. Greeley, CO 80631 Attn: Barry Kramer Dear Mr. Kramer: In regards to the Zoning Violation # VI -2140, this matter is in the process of being corrected as was stated in prior correspondence. As of February 13, 1995 there will be only minimal use of 4616 Zion Drive, Greeley, CO. as a business office. I will have to have work trucks at this location in the morning until I move into my new location. All work vehicles will be parked at a different location overnight. I will be at my new location no later than February 20, 1995; therefore, there will be no business activity at 4616 Zion Drive, Greeley, CO after this date. I hope that this will rectify the situation at hand and that all parties will be satisfied in this matter. Thank you for your time. Sincerely, 0 - EXHIBIT II 4s - DATE: February 7, 1995 VIOLATION NUMBER: VI -2140 NAME: Timothy Ortega ADDRESS: 4616 Zion Drive Greeley. CO 80634 LEGAL DESCRIPTION: Lot 2. Block 10. Hill -n -Park Subdivision. Weld County. Colorado. SASE SUMMARY June 4. 1994 June 17, 1994 July 27, 1994 July 27, 1994 August 2, 1994 September 20, 1994 September 26, 1994 September 28, 1994 October 18, 1994 November 2, 1994 February 6, 1994 February 7, 1994 Complaint letter received. Property inspected. Property inspected. Five-day compliance encouragement letter issued. Conversation with property owner. Conversation with adjacent property owner. Violation letter issued. Conversation with property owner. Internal case memo. Letter from property owner. Property inspected. Property still in violation. Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The operation of an appliance repair and delivery business in the R-5 zone district is a violation of Section(s) 32.6.2 of the Weld County Zoning Ordinance. To correct the violation, operation of the business at the property described above must be discontinued. 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. 950205 if 4r. Ci COLORADO February 7, 1995 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3345, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 TimoU1' Caeca 4616 Zion Drive Greeley, CO 80634 Subject : VI -2140 Zoning Violation on a parcel of land described as Lot 2. Block 10, Hill -n -Park Subdivision. Weld County Colorado. Dear : Mr. Ortega As of February 6, 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, February 14, 1995, at 10:00 a.m. to consider this Zoning Violation. The property will be reinspected on February 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 : iolation. If you have any questions concerning this matter, please call me. Respectfully. Barry )((tamer Building Inspection Specialist 950205 INSPECTION REPORT NAME: Timothy Ortega LEGAL DESCRIPTION OF PROPERTY: Lot 2 Block 10, Hill -n -Park Subdivision. Weld County. Colorado DATE: February 6. 1995 CASE NUMBER: VI -2140 The property was reinspected to determine compliance with section 32.6.2 of the Weld County Zoning Ordinance. The property is not in compliance at this time. It appears that the appliance repair and delivery business is still being operated from the property. During my inspection I observed two large trucks parked in the driveway and a pickup with an appliance in the back parked in the street in front of the house. To bring the property into compliance the appliance repair and delivery business located at the above described property must be discontinued. Barry Kramer Building Inspection Specialist 950205 STEVEN'S APPLIANCE SERVICE 4616 VON DRIVE GREELEY. CO 80634 Telephone (303)330-0733 Fax (303)330-2040 October 31, 1994 Department of Planning Weld County Administrative Offices Attention: Barry Kramer 1400 N. 17th Avenue Greeley, CO 80634 Dear Mr. Kramer: This letter is in reference to your letter dated September 26, 1994 regarding a possible zoning violation. As you know, I have an appliance service and delivery business based out of my home at 4616 Zion Drive, Greeley, CO 80634. Prior to opening the business in July 1992,1 researched the implications of operating a business out of my home. Your office, the Weld County Department of Planning, was one of the many regulatory offices that I contacted in regards to the home office. I was told that I could use my home as an office, but that I could not repair appliances nor have customers coming to my home. I have neither of these activities happening at the above stated address. I have a telephone, fax machine, and computer located in the office; however, all services are rendered at the customers home. Unfortunately, at the inception of my business, I did not have the financial resources to lease a facility for my business. I am currently trying to locate a facility in Greeley that will meet my business and financial needs and I hope to have this accomplished by January 1995. I personally do not feel that operating the business out of my home is in any way inconveniencing anyone. I realize that I have two work trucks parked in front of my house at night; however, that is no different than most of my neighbors who may have one or more vehicles parked in front of their houses at any given time. I feel that it is unfair for me to have to remove my business when there are several other home offices in the Hill and Park area. Some of these businesses include auto repair, plumbing services, daycare, Avon and lawn services. Unfortunately, many of these home -based businesses are being run by people like myself who are simply trying to make an honest living. 4L7a Ci/} NOV 2 1994 1 k •,1 ,•.,,,nro Planning 950205 I am currently in a position that I can not move my business until I find a new location. As I stated above, I am actively trying to make arrangements for a new location in Greeley and I hope to have this completed by January 1995. I am willing to cooperate in any way that I can to resolve this issue so please contact me with any questions or concerns that you may have in the future. Sincerely, / Timothy S. Ortega Sole Proprietor 950205 INTERNAL CASE MEMO TO: Case File NAME: Timothy S. Ortega FROM: Barry Kramer LEGAL DESCRIPTION OF PROPERTY: Lot 2 Block 10 Hill -n -Park 2nd Filing, Weld County, Colorado. DATE: October 18. 1994 CASE NUMBER: VI -2140 Spoke with Mr. Ortega about the zoning violation on his property. Mr. Ortega showed me around his property and pointed out that no repairing of appliances is done on the property and he only uses a small room of approximately 100 SF for his business. Mr Ortega said that at no time do any customers come to his home and the vehicles parked in front of his house are his personal vehicles and he does use them for his business. Mr. Ortega said that he does have a couple of employees that come by in the mornings to pick up paper work and may transfer appliances from one vehicle to another but are never kept there. I asked Mr. Ortega to send me a letter describing the use of his property so that I can give it to the Planning Staff so they can determine as to weather it would be considered a home business or a home occupation. 950205 kTELEPHONE C OFFICE CITIZEN INQUIRY FORM FIRST INQUIRY? OYES 0 NO DATE NAME: ADDRESS: s M PHONE /{ TYPE OF INQUIRY ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE J_ ❑ SPR ❑ COZ ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL ❑ Keith Schuect ❑ Sharon White ITEMS DISCUSSED: 1 / / r / 0 ❑ ❑ D 0 0 SKETCH PLAN PRELIMINARY PLAN FINAL PLAT RESUBDIVISION FHDP CHOP USR AMENDED USR USR MINING USR MAJOR FACILITY USR DISPOSAL SITE D ❑ 0 0 ❑ ZONING ADDRESSING BUILDING PERMIT SETBACKS/OFFSETS HOME OCCUPATION VIOLATION OTHER D Greg Thompson 0 Gloria Dunn 0 Todd Hodges ,Barry Kramer 0 Chuck Cunliffe 0 C AVAILABLE OPTIONS: /L ,n 1_,•24 Iry n LCrr „'T, /-.+— 7 �n / A /r1n / / CONCERNS: ACTION TO BE TAKEN: �/r el / s� r -Ai' ,- v / -,. Staff Member's Initials 950205 ,4 Vane COLORADO DEPARTMENT OF PLANNING SERVICES 'HONE (203)353-M45. EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80531 WELD COUNTY ZONING UICLATION . Date: September 26, 1994 Violation. Number: .=-__40 Name: Timothy S. Ortega Address: 4616 Zion Drive, Greeley, CO 80534 Legal Description: Lot 2, Block 10, Hill -N -Park, Weld County, Colorado. The uses on the above described property are being considered as zoning violations of Section's 32.6.2 of the Weld County Zoning Ordinance. • A commercial appliance business being operated from the property. To correct the violation the business would need to be removed from the property. 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 October 26, 1994, 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. Barry amer Building inspection Technician 950205 CITIZEN INQUIRY FORM 0 TELEPHONE 0 OFFICE FIRST INQUIRY? 0 YES 0 NO DATE NAME: _ PHONE // ADDRESS: TYPE OF INQUIRY ❑ MHZP ❑ ZPMH ❑ RE O AMENDED RE ❑ SL O SPR ❑ COZ O PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL ❑ Keith Schuett ❑ Sharon White ITEMS DISCUSSED: ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ CHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ 0 0 ZONING ADDRESSING BUILDING PERMIT SETBACKS/OFFSETS HOME OCCUPATION VIOLATION OTHER ❑ Greg Thompson ,0 Gloria Dunn 0 Todd Hodges ❑ Barry Kramer 0 Chuck Cunliffe 0 S t AVAILABLE OPTIONS: CONCERNS: ACTION TO BE TAKEN: (3/ Staff Member's Initials -I) 950205 WELD COUNTY DT ;TMENT OF PLANNING SERVICES' CI EN INQUIRY FORM 1400 NVaTH. 17TH AVENUE, GREELEY, COLOReuO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 ).7 TELEPHONE 0 OFFICE FIRST INQUIRY? 0 YES ❑ NO DATE: NAME: ADDRESS: TYPE OF INQUIRY i 'k- PHONE !t: J ❑ MHZP C ZPMH O RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE O SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL O Keith Schuett ❑ Sharon White ITEMS DISCUSSED: I t1 k -s ❑ SKETCH PLAN C PRELIMINARY PLAN ❑ FINAL PLAT RESUBDIVISION ❑ FHDP O GHDP O USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ Greg Thompson Fi Gloria Dunn ❑ Barry Kramer 0 Chuck Cunliffe 0 L'Icl7rn, I rZ CiLS n-7 ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING O ADDRESSING ❑ BUILDING PERMIT O SETBACKS/OFFSETS ❑ HOME OCCUPATION p VIOLATION ❑ OTHER 0 Todd Hodges e n, L. I_ 41 / / ) CV( r lli�,t), reS) ) CicFt c_c_" AVAILABLE OPTIONS: ic Y . CONCERNS: ACTION TO BE TAKEN: F e ,_)1 -71 Time spent ( 2/ ni t4) G� (. (( J.-( T i /« Staff Member's Initials , 7/� Vv ) C 950205 04;4 WliDc. COLORADO July 27, 1994 Timothy S. Ortega 4616 Zion Drive Greeley, CO 80634 DEPARTMENT OF PLANNING SERVICES PONE (303)353-Z.15. Ea' .354C WELD COUNTY ADMINISTRATI',E ORRYCES 1-00 N. 177^ A: -".Lc GriEELEY. COLORADO eCo3' SUBJECT: C94-88 Property located at Lot 2, Block 10, Hill -N -Park, Weld County, Colorado. Dear Mr. Ortega: 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 appliance repair and delivery business being operated from the property without the proper zoning permit. This is not a use allowed by right in the R-5 (Residential) zone district. Please call Gloria Dunn, Current Planner, within five working days of the date of this letter to review the Planning Department's concerns. Sincerely, Th Barry Kramer Building Inspection Technician pc: Gloria Dunn, Current Planner 950205 INSPECTION REPORT NAME: Tim Ortega LEGAL DESCRIPTION OF PROPERTY: Lot 2, Block 10, Hill -N -Park, Weld County, Colorado. DATE: July 27, 1994 CASE NUMBER: C-94-88 Inspected property as a result of another complaint received by the Planning Department. I drove to the property around 7:00 a.m. and observed two large trucks parked in front of the home that could be used to deliver appliances although no signs were on the trucks indicating they were used by a appliance business, also there was a pickup with a flatbed parked in the driveway that had several appliances in boxes in the back. Barry Kramer / Building Inspection Technician 950205 INSPECTION REPORT NAME: Timothy Ortega LEGAL DESCRIPTION OF PROPERTY: Lot 2, Block 10, Hill -N -Park, 2nd Filing, Weld County, Colorado. DATE: June 17, 1094 CASE NUMBER: C 94-88 Inspected the property as a result of a complaint received by the Planning Department. The property had been inspected on May 13 and May 25, but no evidence of a business being operated from the property could be seen at these inspections. There are no signs or appliances that can be seen that would indicate there is a business being operated from this property. U" Barry {Cramer/ Building Inspection Technician Li C( L� pc: County Attorney's Office 950205 jur:e 4, -Qcl Weld .",:lilt..." Bonin; nen_ near People This 1 -. letter '__W`al ^_onin,- :hmelaint v heichrr rinnincr a _ .r . n _` �-r' .. -. : Theretcrr Mr. Ortega is advertising in the yellow pages of the Greeley shone book. the page is 4 16. The name of the business is Stevens Appliance Service. Phone is (303) 330-0733. The address is 4616 Zion 7?-i•;e Greeley. Co. 80O4 I also believe that Tim Ortega is part owner in Hy —Country Appliances in Lasalle. Phone # (303) 284-7854. I see no reason that Mr. Ortega cannot use the Lasalle hlginess. as this is a retail store. Please see that Mr. Ortega is in compliance with zoning laws. I thought that this was a residential area only. Zoned for mobile homes only. Thank You For Yo Time Tn Thi Matter i3iI E. § inct / Ps. If you have any Tuestions please write me at the above address. h/ ,J/') .S� U 0 64). CI 4- Celt)/ /l, Q rn P or QCY'�irs.r in Ant ' CC n I/4 ; n WPId County Plann ni g JUN 1 4 1994 950205 --------------------------------------------------------------------------- :rocarty ciner,s _.___z. Tenant's maze and nailinc adirass: NAIL==. C= -:r IIAP/ is /q) I /PVI t.. I//;. T. k (- r ..f.. ZONING CCNPLA NT_ RICER= BUILDING COD_ CC_YDLA7NT =-_??D TO: CAE,' DATE: . DATE: 4 a! L. ACTION OF=ir___.___ Data(s) of - roect_cn: 5_772 --3c/ i - Instect_o.. cf Jr +ert7. indicates: .. c .c -tic:Latin= of the Weld Cott'referred to: :c violation. cf tne Weld Cc•.__ty 0 ZcE_.C T violations cf t e fc__cv : sect_cr cf Code Crdina___e. C Zoning 7 7-=? 4 iv C cc____ Code Ordinance. .1- {, G t--I--no Coda Cry' the C ton'no C ACTION ON COMPLAINT: C Nc Action taken/no violation C Vzolatcc : File Sta_-tad Date: CASE P.P.. Yr-""D. ST Su?EPNI CR Su'r= V ZOR' S COMIC —N S Data: DATE: NCTS- Attach. all :eminent information and investigation. to this form_ facts disclosed by • 950205 AAppliances - Appraisers 16 U S WEST Direct.Yellow Pages 08494 o U s WEST cr. • APPLIAN Serving All Of Weld County Including - Greeley Ault - Eaton —Windsor -Evans - • Platteville - Gilcrest - Pierce' "': Factory Trained & Authorized Service For Maycor Including: Frigidaire Including: Admiral Gibson • Kelvinator Norge Tappan Maytag White -Westinghouse Magic Chef Vesta • O'Keefe & Merritt • Caloric Including: Amana • Modern Maid REPAIR SERVICE 10 Years Experience Serving You - Locally Owned & Operated. By Tim Ortega Hours Mon -Fri 9-5 Sat 9 -Noon Evening Appts. .Available -._. 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