HomeMy WebLinkAbout950054.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST RICHARD AND ELIZABETH DONAHUE 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, Richard and Elizabeth Donahue, VI #2160, 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, Richard and Elizabeth Donahue were not present or represented at said
hearing, although all parties were notified of said hearing by Department of Planning Services staff,
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 90 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 90 days.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that if said violations still exist on April 11, 1995, the Weld County Attorney be,
and hereby is, authorized to proceed with legal action against Richard and Elizabeth Donahue 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.
950054
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PL0824
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: _hkJ OL ) 0I _
Deputy Clerk a Yta 1))the Board
WELD COUNTY, COORApO
Dale K. Hall, Chairman
FXCI1SFr) r]ATF OF SIC;NINC,
Barbary. Kirkmeyer,,-Pro-Tem
(AYF
-'Geoorg Baxter
APP-RQi/ED AS TO Ffaf�M ( `�/ t -.e, , -112,--(-1�
Constance L. Harbert
y CC 2( /Attorney z— _ f.ic it
W. H. Webster
unt
950054
PL0824
DATE: January 4. 1995
VIOLATION NUMBER: VI -2160
NAME: Richard and Elizabeth Donahue
ADDRESS: 4119 Martin Street
Brighton. CO 80601
LEGAL DESCRIPTION: Pt. of the SE4 of Section 12. TIN. R66W, of the 6th P.M., Weld County,
Colorado.
CASE SUMMARY
October 31, 1994 Five day compliance encouragement letter issued.
December 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.
January 3, 1994 Conversation with property owner.
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 parties.
S50054
30631
WELD COUNTY DEPA"-"ENT OF PLANNING SERVICES' CITE'-" INQUIRY FORM
1400 NOR 17TH AVENUE, GREELEY, COLORAD(.
PHONE: (303) 353-6100 EXT. 3540 FAX: (303)
❑ TELEPHONE Z OFFICE
NAME:
ADDRESS:
FIRST INQUIRY? Z YES
351-0978
C NO DATE: 7
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
❑ Sharon White
ITEMS DISCUSSED:
0 0 0 0 0 0 ii CI C7 0
SKETCH PLAN
PRELIMINARY PLAN
FINAL PLAT
RESUBDIVISION
FHDP
GHDP
USR
AMENDED USR
USR MINING
USR MAJOR FACILITY
USR DISPOSAL SITE
❑ Greg Thompson 0 Gloria Dunn
Barry Kramer C Chuck Cunliffe ❑
I- Iv-Sc-/ 1 L
000 O Cl LI C7 C1 O UO
MINOR SUB SKETCH PLAN
MINOR SUB FINAL PLAT
ZONING
ADDRESSING
BUILDING PERMIT
SETBACKS/OFFSETS
HOME OCCUPATION
VIOLATION
OTHER
rill
C Todd Hodges
i` A 'I .v1 I ern 2
11
AVAILABLE OPTIONS:
CONCERNS:
ACTION TO BE TAKEN:
Time spent
Staff Member's Initials
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IOC
COLORADO
December 29. 1994
Richard and Elizabeth Donahue
4119 Martin Street
Brighton, CO 80601
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845. EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 50631
Subject : VI -2160 Zoning Violation on a parcel of land described as Pt. of the SE4 of section 12, TIN,
R66W, of the 6th P.M.. Weld County Colorado.
Dear : Mr .and Mrs. Donahue
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, January
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,
Barry l 4imer
Buildi g Inspection Technician
950054
INSPECTION REPORT
NAME: Richard and Elizabeth Donahue
LEGAL DESCRIPTION OF PROPERTY: Pt. of the SE4 of Section 12. TIN, R66W of the 6th P.M.,
Weld County, Colorado.
DATE: December 28. 1994
CASE. NUMBER: VI -2160
The property was reinspected to determine compliance with section 31.2 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.
Barry Kramer
Building Inspection Technician
950054
COLORADO
DEPARTMENT OF PLANNING SERVICES
PHONE (3C31 353.3945. EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
WELD COUNTY
ZONING VIOLATION NOTICE
Date: December 3. 1994 Violation Number: VI -2160
Name: Richard and Elizabeth Donahue
4119 Martin Street
Brighton, CO 80601
Legal Description: Pt of the SE/4 of Section 12, TIN, R66W, of the 6th P.M.,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 KiSmer
Building Inspection Technician
950054
lige
COLORADO
DATE: October 31, 1994
NAME: Richard and Elizabeth Donahue
ADDRESS: 4119 Martin Street
Brighton, CO 80601
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-M45. EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
SUBJECT: C-94-161 Property located in Part of the SE4 of Section 12, T1 N, R66W, of the 6th
P.M., Weld County, Colorado.
Dear: Mr. and Mrs. Donahue
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
950054
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