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Home My WebLink About951633.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST DENNIS DRAKE 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, Dennis Drake, VI #2195, 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 8th day of August 1995, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Dennis Drake, 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, upon recommendation of staff, the Board of County Commissioners deems it advisable to delay referral of said violation to the Weld County Attorneys Office for a period of ninety days to allow adequate time for the property owner to bring the 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 within ninety days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on November 14, 1995, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Dennis Drake 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. 951633 PL0824 CC_ : Mc; cv ) nraKe VI #2195 - DRAKE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of August, A.D., 1995. BOARD OF COUNTY COMMISSIONERS Deputy Cleridto the Board APPRQY€BJAS TO FO qty Attorney J. Kirkmeyer,, Pra-Tem V t George E Baxter 7 Constance L. Harbert W. H. Webster 951633 PL0824 DATE: August 4, 1995 VIOLATION NUMBER: VI -2195 NAME: Dennis Drake ADDRESS: 39525 WCR 23, Ault, CO 80610 LEGAL DESCRIPTION: W2/NE4 of Section 18, Township 7N, Range 66W, excluding a parcel lying above and west of Pierce Lateral (1R5D), of the 6th P.M., Weld County, Colorado LASE SUMMARY: March 28,1995 Complaint made and assigned to Julie Chester. May 10, 1995 Inspection report. Property is in violation. May 17, 1995 Five-day compliance encouragement letter sent to the property owner and to the tenant. A USR packet was also sent. May 23, 1995 Telephone conversation with Dennis Drake. June 16, 1995 Inspection report. Property is in violation. June 19, 1995 Zoning violation notice sent to property owner. July 19, 1995 Inspection report. Property is still in violation. July24, 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. Also, the commercial use on the property must be removed or the USR permit must be applied for and approved by the Department of Planning Staff. 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. -051633 Nr� fi� E 11111De COLORADO July 24, 1995 Dennis Drake 39525 WCR 23 Ault, CO 80610 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 Subject: VI- 2195, Legal Description: W2/NE4 of Section 18, Township 7N, Range 66W, excluding a parcel lying above and west of Pierce Lateral (1 R5D), of the 6th P.M., Weld County, Colorado Dear Mr. Drake: 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 August 8, 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 August 7, 1995. If you have any questions concerning this matter, please call me. Sincerely, GLeCi Julie Chester Zoning Inspector P.C. 2195 Cv • SERVICE. TEAMWORK. I NTEcu rrv, ()won'', 851633 ((a COLORADO NAME: Dennis Drake Inspection Report LEGAL DESCRIPTION OF PROPERTY: DATE OF INSPECTION: July 19, 1995 CASE NUMBER: VI -2195 W2/NE4 of Section 18, Township 7N, Range 66W, excluding a parcel lying above and west of Pierce Lateral (I R5D), of the 6th P.M., Weld County, Colorado The property was inspected 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 non-commercial junkyard is still located on the property. No one was at the property at the time of inspection and the tow trucks were still not there. Many of the derelict vehicles have also been removed since the last inspection on June 16, 1995. There are still a few derelict vehicles and a lot of tires, car parts and miscellaneous junk and trash located on the property. This is visible from adjacent properties and Highway 14 (which is a public right of way). To bring the property into compliance the non-commercial junkyard must be totally removed from the property or be properly screened from all adjacent properties and public rights of way. Six photographs were taken at tl cime of inspection. L� pu Julie Chester Zoning Inspector Celo 951633 401:4 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 June 19, 1995 Violation Number : VI -2195 Dennis Drake 39525 WCR 23 Ault, CO 80610 Legal Description : W2/NE4 of Section 18, Township 7N, Range 66W, excluding a parcel lying above and west of Pierce Lateral (1R5D), 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. This is not a use allowed by right in the Agricultural zone district. The violation can be corrected by removing the non-commercial junkyard from the property, properly screening the non-commercial junkyard from all adjacent property and public rights of way, or a Use by Special Review permit may be applied for. The screening option and permit option would need to be submitted and approved by the Department of Planning Staff before implementing. 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 30 (Thirty) _days from June 19, 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 a Julie Chester Zoning Inspector -pc: VI -2195 , cc,: Bid S«.ht 951633 a;se COLORADO NAME: Dennis and Dorothy Drake Inspection Report LEGAL DESCRIPTION OFPROPERTY: W2/NE4 of Section I8,Township 7N, Range 66W, excluding a parcel lying above and west of Pierce Lateral (1R5D), Weld County, Colorado DATE OF INSPECTION: June 16, 1995 CASE NUMBER: VI -2195 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. The non-commercial junkyard is still located on the property. There was no one around the property at the time of inspection and the two tow trucks were no longer located on the property. The non-commercial junkyard consists of many derelict vehicles, car parts, tires, building materials and other miscellaneous junk. To bring the property into compliance the non- commercial junkyard needs to be completely removed from the property, properly screened from all adjacent properties and public rights of way, or a Use by Special Review permit needs to be applied for and approved by the Department of Planning Staff. The screening option would also need to be submitted and approved by the Department of Planning Staff before installation if this is the option chosen. No pictures were taken at the time of inspection. CCu,,, C - Julie Chester Zoning Inspector 951633 WELD COUNTY DEPAR :NT OF PLANNING SERVICES' CITLZ 1400 NORTH. 17TH AVENUE, GREELEY, COLORADO PHONE: (303) 353-6100 EXT. 3540 FAX: (303) INQUIRY FORM 80631 351-0978 43 --TELEPHONE 0 OFFICE FIRST INQUIRY? ❑%YES NAME: Ac? fl i-3 (ci_L_e ADDRESS: 0 NO DATE: 5/a3/l5 PHONE II: G 1(0 2`1419 1vl0 -"4S4 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 ❑ SKETCH -PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DIS-POSAL SITE ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL -PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ -HOME OCCUPATION Q VIOLATION ❑ OTHER 0 ❑ Greg Thompson 0 Gloria Munn 0 Todd tjo ge ❑ Barry Kramer 0 Chuck Cunliffe l (4 ITEMS DISCUSSED: N C AVAILABLE OPTIONS: e --Q_4-7 OU c- 1 �� CONCERNS: Gc�z��r .cr , J ACTION TO BE TAKEN: o .[ 4C -42 - Time spent 30 nt(n-v) Staff Member's 951633 WE`PC COLORADO May 17, 1995 Dennis and Dorothy Drake 39525 WCR 23 Ault, CO, 80610 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 Subject: C-95-45, Legal Description: W2/NE4 of Section 18, Township 7N, -Range 66W, -excluding a parcel lying above and west of Pierce Lateral (1R5D), Weld County, Colorado Dear Mr. and Mrs. Drake: It has come to the attention of the Department of Planning Services' staff that the uses on your property (12760 Hwy 14) may not be incompliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is a non-commercial junkyard located -on the property.. Pleasecall me within five working days of thexlate of this letter to review the concerns with me. Sincerely, Julie Chester Zoning Inspector pc: C-95-45, Bill Juh1 102 17th Ave., Greeley, CO 80631 SERVICE, TEAMWORK, INTEGRITY, QUALITY 951633 4SOitem, hiDe. COLORADO NAME: Dennis Drake Inspection Report LEGAL DESC-RIPTION OF PROPERTY: DATE OF INSPECTION: May 10, 1995 CASE NUMBER: C-95-45 W2/NE4 of Section 18, Township 7N, Range 66W, Excluding a parcel lying above and West of Pierce Lateral (1R5D), Weld County, Colorado 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. A large non commercial junkyard is located on the above described property, also known as (2760 Hwy 14, Ault. The non-commercial junkyard consists of many derelict vehicles, tires, car parts, -building materials and other miscellaneous junk. There isalso the -appearance of a commercial business located on the property which is not allowed in an A (Agricultural) zoned district. At the time of the inspection, I met with -Bill Juhl (tenant) and he informed me that he mainly recycles materials and sells parts and miscellaneous junk wholesale. To bring the property into compliance the non-commercial junkyard would need to be completelyTemoved from the property or a screening -plan would need to be submitted and approved by the Department of Planning staff. The non-commercial junkyard would need to be completely screened from all adjacent properties -and public rights of way. To run a commercial business in an Agricultural zone a Use by Special Review permit would need to be applied for and approved by the Department of Planning Staff. A packet for the Use by Special Reviewpermit was sent to the tenant, Mr. Juhl on May2, 1995. He indicated that it was very complicatedand I told him that he could bring it to the Department of Planning and someone could help him with it. Six pictures were taken of the non-commercial junkyard. Q Julie Chester Zoning Inspector pc: Bill Juhl-3102 17th Ave., Greeley, CO 80631 951633 v DEPARTMEN F PLANNING SERVICI COMPLAINT -REPORT ❑ Zoning Complaint Complaint Initiated by: ❑ Building Code Complaint 1/J�SJ�L� ❑SStaff $Citizen ❑ Other -RECEIVED COMPLAINTECEIVED BY 1 1 -dr-Q.C„ DATE: 3 -43 -qt GAL SCRIPTION: a7 -6,a / 5 V5 t 400u-+ 3-Nu.Ie-son /�..taci, (AL/51 ADDRESS: A. f 5(dea p�.b, tad- acfruo-55 rim Van. lr %'��, e0 /` Parcel H /'1' ��y( /4 U ATTACH COPY OF DEED (� ��Y Property owner's name: 150A 73 Gum/ Tel. No. Ra o—aD-t-- .1-1:)\72-12- =G. / ) \S Property owner'-- address: 1 0 Z / !-e- 2 0 Ce / C)6 / (11-,te/A.--4\A-1) / Ci ,/4a iC Cs Tenant's name and mailing address: �� NATURE OF COMPLAINT: it iii V Junk ( nth i kt- 3elliri Nut. ZONING -COMPLAINT REFERRED TO: 4411--) DATE: -� BUILDING CODE COMPLAINT -REFERRED TO: DATE: CASE ASSIGNED TO: '_‘4641 PATE: S/4O/pc ACTION OF INVESTIGATOR Date(s) of _Inspection: Inspection of property indicates: ❑ no violation of the Weld County ❑ Soning ❑ Building Code Ordinance. referred to: on ❑ no violation of the Weld County ❑ Zoning ❑ Building Lode Ordinance. ❑ violations of the following sections of the 0 Zoning D Building Code Ordinance: ACTION ON COMPLAINT: ❑-No Action taken/no violation ❑ Violation File Started Date: Date: CASE REVIEWED BY SUPERVISOR DATE: SUPERVISOR'S COMMENTS NOTE: Attachallpertinent information and facts disclosed by investigation to this form. 951633 PARC TP: R PTN: 0333486 -PARC: JUHL WILLIAM HANS PARCEL INQUIRY 04533105005 AScMT YR: 1995 LAST UPDATE: ACTIVE ON: INACTIVE ON: MAP#: ATIIN022 05/04/1994 09/16/1986 / / 3102 17 AVE GREELFY TAX AREA 0967 DATE LAST ASSESS LAST ASSESS LAND LAST ASSESS BLDGS TOTAL LAST ASSESS PRIOR YEAR ASSESS REC DT 11/0'7/'79 DEED 'P -P WD NUMB -ER 8870 01802706 WOL DOC FEE 0.40 CO 80631 .095359 1-994 04/21/1D95 650 0 650 440 0100 650 TOT LAND 650 NUN 19299-a L18-133-20 BLK2 TOT BLDGS TOTAL VALUE PF3 : PRO1b ILE PF4: OWNERS MESSAGE: PF3:LEGALS PF7:NEXT PARCEL PF6:DOC -HIST PF10:PLOC 0 650 TEll :MENU BF12:REAL 951S33 PARC TP: R PIN: 0831686 PARC: DRAKE DENNIS E & DOROTHY PARCEL INQUIRY 070718000033 ASSMT YR: 1995 LAST UPDATE: ACTIVE ON: INACTIVE ON: MAP#: ATIINO2> 01/15/199C 09/16/198E / / 2020 39525 WELD CO RD 23 AULT CO 80619 TAX AREA 0919 .0808-99 1994 DATE LAST ASSESS 04/21/1995 LAST ASSESS LAND 2610 LAST ASSESS -BLDGS 4450 TOTAL LAST ASSESS 7060 PRIOR YEAR ASSESS 5030 REC DT 03/08/74 DEED TP WD NUMBER -7100 91631668 WOL DOC FEE 2.60 18575 W2NE4 18 7 66 EXC A _PARCEL LYING ABOVE & W OF PIERCE -LATERAL (1R5D) PF3: PROFILE PF4: OWNERS MESSAGE: 4117 28.00 4127 32.00 TOT LAND 4277 4279 TOT BLDGS -TOTAL VALUE PF5:IEGALS PF7:NEXT -PARCEL PF6:DOC HIST PF10:PLOC 2320 290 2610 4370 80 4450 7060 PF11:MENU PF12:REAL 951633 WELD COUNTY ASSESSOR/TREASURER PROPERT JOCA'rOR DY OWNER NAME ATIBR091 R 070514000034 0022292 ACTIV 03/11/1992 INACTIV / / DRAKE DENNIS E & DOROTHY 23649 PT N2 & W2SW4 14 7 67 LYING N & E OF R 070514000023 DRAKE DENNI-S E & DOROTHY 0717986 ACTIV 09/16/1986 INACTIV 03/10/1992 3-9525 23 CR WELD R 070514000024 0718186 ACTIV 09/16/1986 INACTIV 03/09/1992 DRAKE DENNIS E & DOROTHY 23649-A THAT PT W2SW4 14 7 67 N & E OF DOHERTY ('------Pr-070718-000033 DRAKE DENNIS E & DOROTHY 12 D7D718D00052 DRAKE DENNIS £ & DOROTHY W 070514D0D034 00 DRAKE DENNIS E & DOROTHY 0831686 ACTIV 09/16/1986 INACTIV / / ',18575 W2NE4 18 7 66 EXC A PARCEL LYING ABOVE & 0831986 ACTIV 09/16/1986 INACTIV / / 18580-A PT NW4 18 7 66 LYING S & E Or PIERCE 0148492 ACTIV 10/19/19-92 INACTIV W2W2 E OF DOHERTY DITCH 14 7 67 1 AF / PF1:SELECT PF7:BACK PFB:CONT PF9: REST -ART PF10:PARC PF11:REAL PF12:MENU MESSAGE: 951633 Hello