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HomeMy WebLinkAbout950052.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST DAYLE AND LEE ANN JACKSON FOR VIOLATIONS 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, Dayle and Lee Ann Jackson, VI #2161, are allegedly in violation of the Weld County Zoning Ordinance, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violations have not been corrected, and WHEREAS, on the 10th day of January, 1995, a public hearing was held before the Board of County Commissioners for the purpose of hearing any testimony relating to said violations, and WHEREAS, Dayle Jackson was present at said hearing, and WHEREAS, at said hearing the Board of County Commissioners delayed referral of said violations to the Weld County Attorney's Office for a period of 60 days to allow the property owners adequate time to bring subject property into compliance, 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 60 days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violations still exist on March 14, 1995, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Dayle and Lee Ann Jackson to remedy the violations 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. 950052 PL0824 ; ; C'A; riackcn VIOLATIONS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of January, A.D., 1995. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the Board BY: t Deputy Clerld.to the Board APPROVpD AS TO FORW71-7 aunty Attorney WELD COUNTY, CQLORFjDO Dale K. Hall, Chairman FXCIJSFD DATF (lF SICNINC; Barba a J. Kirkmeyer, Pro-Tem c es- -9 f George E. Baxter (ea Constance L. Harbert (AYF). W. H. Webster 950052 PL0824 DATE: January 4, 1995 VIOLATION NUMBER: V1-2161 NAME: Dayle and Lee Ann Jackson ADDRESS: 4123 Weld County Road 37 Brighton. CO 80601 re3x LEGAL DESCRIPTION: Lot 8 Block I Martin Subdivision. Weld County, Colorado. CASE SUMMARY October 31, 1994 Five day compliance encouragement letter issued. November 7, 1994 Conversation with property owner. November 8, 1994 Violation letter issued. December 28, 1994 Property inspected. Property still in violation. December 29, 1994 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 would need to be submitted to the Planning Department for approval then installed around the noncommercial junkyard or the noncommercial junkyard would have to be removed from the property. 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 panics. 950052 C(1:133)6 1111 CO COLORADO December 29. 1994 Davie and Lee :Ann Jackson 4123 Weld County Road 37 Brighton, CO 80601 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845. EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject : VI -''161 Zoning Violation on a parcel of land described as Lot 8 Block I Martin Subdivision, Weld County Colorado. Dear : Mr .and Mrs. Jackson As of December 28, 1994, 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, Januay 10, 1995, at 1:30 p.m. to consider this Zoning Violation. The property will be reinspected on January 9, 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 violation. If you have any questions concerning this matter, please call me. Respectfully, vwt Barry Kramer Building Inspection Technician 950052 INSPECTION REPORT NAME: Dale and Lee Ann Jackson LEGAL DESCRIPTION OF PROPERTY: Lot 8 Block I Martin Subdivision. Weld County, Colorado DATE: December 28, 1994 CASE NUMBER: VI -2161 The property was reinspected to determine compliance with section 31.2 and 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. A noncommercial junkyard is still located on the property without proper screening and no screening plan has been submitted to the Planning Department for approval. To bring the property into compliance a screening plan would need submitted to the Planning Department for approval then installed around the noncommercial junkyard or the noncommercial junkyard would have to be removed. Barry Kramer Building Inspection Technician 950052 ‘&((lat Wine COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (303) 3533845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 WELD COUNTY ZONING VIOLATION NOTICE Date: December 8. 1994 Violation Number: V1-2161 Name: Dayle and Lee Ann Jackson 4123 Weld County Road 37 Brighton, CO 80601 Legal Description: Lot 8 Block 1 Martin 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. A noncommercial junkyard (derelict vehicles and junk) located on the property without proper screening from adjacent properties and public rights -of -way. To correct the violation the noncommercial junkyard would need to be screened or removed. A screening plan would need to be submitted to the 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 January 8, 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. Barry KraMer Building Inspection Technician 950052 WELD COUNTY DEF TMENT OF PLANNING SERVICES' CIT.- -N INQUIRY FORM 1400 NG A. 17TH AVENUE, GREELEY, COLORA, 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 0 TELEPHONE 0 OFFICE NAME: FIRST INQUIRY? ❑ YES 0 NO DATE: ADDRESS: PHONE #: TYPE OF INQUIRY ❑ MHZP ❑ ZPMH ❑ RE O AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT O PUD FINAL PLAT PERSONNEL ❑ Keith Schuett ❑ Sharon White G SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY G USR DISPOSAL SITE 0 ❑ 0 0 0 MINOR SUB SKETCH PLAN MINOR SUB FINAL PLAT ZONING ADDRESSING BUILDING PERMIT SETBACKS/OFFSETS HOME OCCUPATION VIOLATION OTHER ❑ Greg Thompson 0 Gloria Dunn 0 Todd Hodges 13 Barry Kramer 0 Chuck Cunliffe 0 ITEMS DISCUSSED: 1, —.4_tA_e.-' . C AVAILABLE OPTIONS: CONCERNS: ACTION TO BE TAKEN: Time spent Staff Member's Initials 950052 COLORADO DATE: October 31, 1994 NAME: ADDRESS: Dayle and Lee Ann Jackson 4123 Weld County Road 37 Brighton, CO 80601 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 8063.1 SUBJECT: C-94-157 Property located in Lot 8 Block 1 Martin Subdivision, Weld County, Colorado. Dear Mr. and Mrs. Jackson 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 noncommercial junkyard (derelict vehicles and junk) located on the property without proper screening from adjacent properties and public rights -of -way. This is not a use allowed by right in the A (agricultural) zoned district. Please call me within five working days of the date of this letter to review the concern with me. Sincerely, Barry Kramer Building Inspection Technician 950052 ' Hello