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HomeMy WebLinkAbout991560.tiff RESOLUTION RE: ACTION OF THE WELD COUNTY COMMISSIONERS REGARDING ZONING ORDINANCE VOILATION - DAVID AND WILMA PYLE 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, David and Wilma Pyle, VI #9800184, are allegedly in violation of the Weld County Zoning Ordinance, and WHEREAS, on the 13th day of July, 1999, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Wilma Pyle, property owner, was present at said hearing, and WHEREAS, at said hearing of July 13, 1999, the Board of County Commissioners determined the property is now in compliance, and deemed it advisable to close said matter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #9800184 against David and Wilma Pyle be, and hereby is, closed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of July, A.D., 1999. BOARD OF COUNTY COMMISSIONERS MCOUNT •LORADO • ATT T' .ii i•�t U�� Dale K. Hall, Chair 2 Weltt C��r J= `.�'-�` oard â4tme'2 4 # Lr BY: � � �r ,t L r =t, De< !e Board EXCUSED eorge . xter /7, APPRc ED AS TO FORM: - County Attorney Glenn Vaad -- _ 991560 PL0824 CC: Pt, CA' f" DATE: July 13, 1999 VIOLATION NUMBER: VI-9800184 NAME: David and Wilma Pyle ADDRESS: 29950 Weld County Road 57, Greeley, CO 80631 LEGAL DESCRIPTION: Part of the N2 W2 NW4 of Section 2, T5N, R64W of the 6th P.M., Weld County, Colorado. PARCEL NUMBER: 0963 02 000028 CASE SUMMARY November 9, 1998 Initial complaint received. A commercial trucking operation (oil and gas support) occurring in the A (Agricultural) zone district. Also two recreational vehicle style trailers being lived in and a port-a-potty is located on site. There are also derelict vehicles located on site. November 9, 1998 Five day letter sent. Copy to Environmental Protection Services. November 10, 1998 Telephone call between Sharyn Frazer, Code Compliance Officer and Wilma Pyle. The issues occurring on the property were discussed and a Use by Special Review permit application was sent. Research conducted revealed that an old Use by Special Review (USR-928), for the same type of use located on previous property owned by the Pyle's had been vacated. November 13, 1998 Office visit between Mrs. Wilma Pyle and Ben Patton, Planner. November 18, 1998 Office visit between Mrs. Wilma Pyle and Sharyn Frazer, to review the materials she had compiled. January 12, 1999 Letter sent to Mr. and Mrs. Pyle from Sharyn Frazer inquiring about a submittal date. February 19, 1999 Use by Special Review permit application (USR-1225), submitted to the Department of Planning Services. April 20, 1999 Planning Commission Hearing scheduled. Resolution of the recommendation to the Board of County Commissioners was for denial with a vote of six in favor and two against. June 16, 1999 Board of County Commissioner's Hearing. The case was continue° until June 30, 1999, due to the fact that Mr. and Mrs. Pyle's representative (Attorney Tom Hel lerick) had not been notified to appear. Mrs. Pyle agreed to cease operation until the above date. June 30, 1999 Board of County Commissioner's Hearing. The Use by Special Review permit was denied by the Board of County Commissioners. 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 persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorneys Office. 991560 41i DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th ,Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 ip COLORADO June 16, 1999 David and Wilma Pyle 29950 Weld County Road 57 Greeley, CO 80631 Subject: VI-9800184, Part of the N2 W2 NW4 of Section 2, T5N, R64W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Pyle: The Board of County Commissioners unanimously voted to continue Case Number USR-1225, until June 30, 1999, at 10:00 a.m. Should the case be approved you will be responsible for meeting all of the conditions of approval and development standards and recording the mylar plat within the time frames granted. At the time of recording, the violation file will be closed. Should the USR-1225, be denied, the property will continue to be in vioiation of the Weld County Zoning Ordinance. Consideration of a resolution authorizing legal action to enjoin the zoning violation if the USR is denied has been directed to be scheduled immediately after the above mentioned meeting. To bring the property into compliance if the USR is denied, you will need to remove the mobile homes (trailers) and all of the commercial trucks and equipment from the premises and completely cease operation. If you should have any questions, please contact me at the above address and phone number. ncerely, Sharyn Fr zer, ACEO Code Compliance Officer pc: VI-9800184 • Board of County Commissioners Lee Morrison,Assistant County Attorney Sheri Lockman, Planner Tom Hellerick, Attorney 5801 W. 11th Greeley, CO 80631 SERVICE,TEAMWORK,INTEGRITY,QUALITY PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 03/10/99 Additional Notations for Inspection item: 00406 Violation Permit No: VI-9800184 Applicant: PYLE DAVID 8 WILMA Status: COMPLNT Address: 29950 WCR 57 WEL Line Insp. Date Text 1 03/10/99 THE USR FOR THIS CASE GOES BEFORE THE PLANNING COMMISSION 2 03/10/99 4-20-99. THE VIOLATION HAS BEEN PLACED ON HOLD PENDING 3 03/10/99 THE OUTCOME OF THE PLANNING COMMISSION AND BOARD OF COUNTY 4 03/10/99 COMMISSIONERS HEARINGS. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. r t Li-- DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 ' Phone: (970) 353-6100, Ext. 3540 CFax: (970) 352-6312 COLORADO January 12, 1999 David and Wilma Pyle 29950 Weld County Road 57 Greeley, CO 80631 Subject: VI-9800184, Part of the N2 W2 NW4 of Section 2, T5N, R64W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Pyle: As we discussed near the end of December, 1998, you will be submitting the Use by Special Review applic ation materials to the Department of Planning Services for the use occurring on the property. I haven't heard from you regarding a date for submittal. Please contact me at the above address and phone number and let me know your submittal plans. It is imperative that you get the application in soon, as I do not want to have to apply an investigation fee to the submittal fee. ncerel Sharyn Fra er, ACEO Code Compliance Officer • pc: VI-9800184 SERVICE,TEAMWORK,INTEGRITY,QUALITY PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 11/18/98 Additional Notations for Inspection item: 00406 Violation Permit No: VI-9800184 Applicant: PYLE DAVID & WILMA Status: COMPLNT Address: 29950 WCR 57 WEL Line Insp. Date Text 1 11/18/98 MRS. PYLE CAME INTO THE OFFICE AGAIN AND WE WENT OVER THE 2 11/18/98 EXACT REQUIRMENTS FOR SUBMITTAL OF THE USR. SHE IS 3 11/18/98 WORKING TO PUT TOGETHER ALL OF THE REQUIRED INFORMATION. 4 11/18/98 SHE STATED SHE IS MOVING FORWARD TO PERMIT THE EXISTING 5 11/18/98 USE. I WILL PLACE A HOLD ON THE VIOLATION TO ALLOW HER 6 11/18/98 SOME TIME. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 11/13/98 Additional Notations for Inspection item: 00406 Violation Permit No: VI-9800184 Applicant: PYLE DAVID & WILMA Status: COMPLNT Address: 29950 WCR 57 WEL Line Insp. Date Text 1 11/13/98 MRS. WILMA PYLE CAME INTO THE OFFICE TODAY 11-13-98 S 9:00 2 11/13/98 AND MET WITH BEN PATTON, PLANNER AND MYSELF. WE WENT OVER 3 11/13/98 THE USR PROCESS WITH HER AND ANSWERED QUESTIONS SHE HAD. 4 11/13/98 SHE ASKED TO SEE THE PICTURES THAT WERE SENT IN WHICH 5 11/13/98 PROMPTED THE VIOLATION AND I SHOWED HER THOSE. SHE STATED 6 11/13/98 SHE WOULD THINK ABOUT HOW THEY PLANNED TO PROCEED AND LET 7 11/13/98 ME KNOW. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 11/10/98 Additional Notations for Inspection item: 00404 Violation Permit No: VI-9800184 Applicant: PYLE DAVID & WILMA Status: COMPLNT Address: 29950 WCR 57 WEL Line Insp. Date Text 1 11/10/98 WILMA PYLE CALLED TODAY REGARDING THE 5-DAY LETTER I SENT. 2 11/10/98 WE TALKED ABOUT THE ISSUES OCCURRING ON THE PROPERTY. I 3 11/10/98 EXPLAINED THE OPTIONS AVAILABLE TO HER, I.E., CEASE 4 11/10/98 OPERATION, REMOVE THE RV'S & PORT-A-POTTY, NO EMPLOYEES AND 5 11/10/98 NOT COMMERCIAL HAULING OR APPLY FOR A USR. SHE ASKED ME 6 11/10/98 TO HAND CARRY A USR APPLICATION TO HER DAUGHTER VIVIAN PYLE 7 11/10/98 WHO WORKS FOR THE TREASURER'S OFFICE. I GAVE THE APP TO 8 11/10/98 VIVIAN THIS AFTERNOON. I EXPLAINED I WOULD BE SENDING A 9 11/10/98 30 DAY LETTER AND IT WAS IMPORTANT TO KEEP ME POSTED AS TO 10 11/10/98 Y LAN TO PROCE 11 11/10/98 12 11/10/98 SHARYN FRAZER, ACEO-CODE COMPLIANCE Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. u` - - Vo .32-04-, 14.1 • DEPAICUMENt OF PLANNING SERVICES Ved County Administrative Offices T-4J0 N. --th Avenue, Greeley, CO 80631 1 gone: (970) 353-6100, Ext. 3540 Fax: (970) 352-6312 WI D O COLORADO November 9, 1998 David and Wilma Pyle 29950 Weld County Road 57 Greeley, CO 80631 Subject: VI-9800184, Part of the N2 W2 NW4 of in 2 EN, R64V zif theirlr P.M., Weld County, Colorado. Dear Mr. and Mrs. Pyle: It has come to the attention of the Department of Plannra _erl :es' staff that -= uses re your property (29950 Weld County Road 57) may not be in c_Impliance wir Held County L--ring �_-_inance. The potential noncompliance with the zoning ordinance is a commem Tuc•:mg operatic,- _iccur-g on the property, (five semi-trucks and trailers), two recreational vehicle style t- c being lived in _pd a n:--a-potty being used on site without the appropriate permits. Please call me within five working days r= the date of tr -er-o review the— cone-rs with me. "'in erely, aryn Fr er, ACEO Code Corn fiance Officer pc: VI-9800184 TrevorJiricek, Environmental Protection Ser•--as SLR'110E,TLAMwoRr, C.RITi.QUALIFY PERMITS Id: ACTP125 Keyword: AACT User: SFRAZER 11/09/98 Activity Table Processing Violation Permit No: VI-9800184 Applicant: PYLE DAVID & WILMA Status: COMPLNT Address: 29950 WCR 57 WEL Type: VIO Vers: 9601 Screen: 01 Base Information Parcel No: 0963 02 000028 Owner: PYLE DAVID & WILMA Status: COMPLNT Written By: SEF Sec/Twn/Rng: 02 05 64 Description: USE NOT ALLOWED. OPERATION OF A COMMERCIAL Location: 29950 WCR 57 Zoning Dist: A s Permit Num: App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi") Class Code: VI-13 use not allowed Complaint: 11/ 9/1998 Init: SEF NO VI: / / 'nit: 5 Day Letter: 11/ 9/1998 Init: SEF Issued: / / 'nit: Inspection: / / Init: BCC Vio: / / Init: Court: / / Init: Closed BCV: / / Init: Closed VI: / / Init: Enter Table Screen Number: 2 or ESC=Exit Table Processing F1=List Screens PERMITS Id: ACTP124 Keyword: AACT User: SFRAZER 11/09/98 Activity Full Description Maintenance Violation Permit No: VI-9800184 Applicant: PYLE DAVID & WILMA Status: COMPLNT Address: 29950 WCR 57 WEL Full Work Description Description: Page No: 1 USE NOT ALLOWED. OPERATION OF A COMMERCIAL TRUCKING BUSINESS, 2 5TH WHEELERS BEING LIVED IN, PORT-A-POTTY BEING USED, TRAILERS HOOKED UP TO A PROPANE TANK, ELECTRICITY POSSIBLY BEING RUN FROM THE SINGLE FAMILY RESIDENCE? BUSINESS - HAULING CRUDE OIL/5 SEMI TRUCKS LEAVING AND ENTERING THE PROPERTY DAILY. EMPLOYEES PARKING PRIVATE VEHICLES ON SITE TO DRIVE TRUCK. F2=Next Page, F3=1ST Page, F4=Prev Page, F7=Update, ESC=Exit Desc Maint PERMITS Id: ASSR100M Keyword: SPARC User: SFRAZER 11/09/98 Parcel General Information Maintenance General Parcel Data Maint - Action: Update Record Parcel No: 0963 02 000028 Rg Ts Sec : 640502 Status: A Active Retired(Y/N): N Street Address: 29950 Dir: St: WCR 57 City: WEL Situs Location: 29950 57 CR WELD Legal Desc: 8958 PT N2W2NW4 2 5 64 BEG NW COR OF SEC Acres: .00 X-COORD: Y-COORD: Tax Rate Area: 0743 Assr Use Code: 4080686 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: PYLE DAVID 8 WILMA Phone: Mailing Addr: 29950 WELD CO RD 57 GREELEY CO Zip: 80631 Contract Owner: Percent/Ownership: .00 F7¢Write Record, F2CAllow Fractions, ESCtCancel PERMITS Id: MISC301 Keyword: SPARC User: SFRAZER 11/09/98 User Defined Data Fields for Parcel No: 0963 02 000028 Parcel No: 0963 02 000028 Additional USER DEFINED Assessor Parcel Information Screen No: 01 Parent Parcel No Book No. 1492 Reception No. 02438697 Document Type Warranty Deed Ownership Type JT Recording Date 05/17/1995 May 17, 1995 Zoning Dist Legal Lot Prior To Zoning Prior To Zoning Year t 80 Acres Recorded Exemption Rec Exemption Permit Rec Exemption Approv F7tUpdate, _ESC¢Cancel • o . . i . AE2436692 -----2438697 8-1492 P-492 03/17/95 03:23P S5 I OF I REC IXK: - • • . • Weld County CO Clerk A Recorder 5.00 15.99• a •. • ' etQ-e .`Waniarity`Deed Twig DUD Is a eaneyence of the nal AArstly dncrMI . mi den;any aplwemals end other Mlpnlntancn Moe -pel.ettyl ham ere,dindMIHl Coo mn.lbr III.loclntnsNMs).a nhn wddyllnI named Wow as GRANTOR lo Ikerndiwdrra11s1 o,.N$7IM1 nemW blown GRANTEE. ' The GRANTOR Mosby ease end conveys the pamly b Nye ORANTEE and no GRANTOR wp.nes Ito tine to file arol.erty. •acne OM(II the fen of the ee.e.al poperry levee lot ON yaw of an deed.which On GRANTEE ea r.,In any eesentems and riQMsa4-way drawn al rand PI arty patent rean.Mluts and ntcnnons Ill ent outstrnhrq minces Mtnesn liown id rand(5) any pcNCIMPCOwrmis and rnhKlmnl sheen dl record.ad(Many ndeltonsi mallets shown below undo"AdlMnnal Welt aniy . E'manners". ' - S. The Specific Tenor el This Deed Art: • Grantor. In.. mane war IAn.Itl N nose[.4 set nese a N.veleta+ems Is Omen to aw and w rewle bantwd relit, able ' awbs aharbwl sad ode SCOTT S. HENDRICKSON AND DEBRA A. LORENZ-HENDRICKSON • • " Greeter la+a.n.ttna mo tto[ olelwm n meu r m melody.;wr.aH teed n Ousel MUM....n..pwtd 1 . ,I., DAVID PILE AND WILMA PYLE 29950 NCR 57 bGreeley, Colorado 80631 Fern,Of Co•Ownmhlp: le mare en lee Or men/arwet nmtad.Mee one be tame,to b eaten ltrout on co neon mere en ad%-w nolo tenant a ewth eel ate tone n+n^O w,deed n Ow I nce oven I I, 1 Joint tenants I . Property Description: nw..ds n..ny low II...I - S 7 LOT 'A' OP RECORDED EXEMPTION NO. 0963-2-2-RE540, BRING IN , I THE NORTIIWRST QUARTER OP THE NORTHWEST QUARTER (NW1/4NW1/4) � OP SECTION TWO (2), TOWNSHIP PIER (5) norm, RANGE SIXTY- FOUR (64) WEST OF THR 6TH P.M. , AS PER MAP RECORDED OF OCTOBER 15, 1902 IN BOOK 980 AT RECEPTION NO. 1906543, Ie, COUNTY OP WELD, STATE OF COLORADO I � • vroperty Address: 29950 WCR 57, Greeley, Colorado 80631 • Consieralbn: ..ww.w....n..1a.Md wet.etalot...-0.erenritrnwner.w.h.wn.wa.w t.am...ed,.+n.oat al'e.wr..sa .wed....At a mar n awl taw M twnrywn n•Lett..I..w a'd..•mead,•1 !� One hundred fifty nine thousand nine hundred and 00/100 9159.900.00) •. ReenstIolle-RntrdcIIMI: of no t4lafl NInol...n le moan aro.wnn in Woe wowH a Ito nn.ry Mne.m kr.•.•n...di".OM"IIYI ' a. n nanny Ito MIMI IEE1 note ve to pose,Mae 4aew..ae whrwn I _ except any and all mineral rights now owned by grantor x Si- 0 Additional Warranty Exceptions: won.ants Matt nod snows low ease melons.tar corned snow I , I • ' i None : 8 • 6 • Footman?FTINl l.,.n..n ___Il ey-.15_�._.. 1e95,.. . tynant Chen he Cnp.eea.Ptatly n an.deOne 1 a Clan HrA ntl: now lot bade C _ •rtetneo oa Mecr.wn ! ri •[ C On (Omar ' y7: Or Debra A. Lorenz en r c on been a., or .. aloof �_� ._ --__• 1"- ruse... Witt' t �f��{�i • t- 1 • yq 4e. 1 • 7ReT/:.lsyy fJ l 1 1 I • Si 1, y ^� niiFYwEr Mara..ewe 15th seen Nay w 95 € 1 ImillwE 1(nT'�ptiAon and Debra A. Loren:-8e(p/dXSel /} d VW 'w ' -11 ',At... �:ir, • r,. 27/99 •... MS,Inbar trAiF (a� .• , I a ObtMty • y4,' I 1 . 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