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Home My WebLink About951386.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ELENA HERNANDEZ 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, Elena Hernandez, VI #2184, 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 11th day of July, 1995, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Elena Hernandez, 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 deems it advisable to delay referral of said violation to the Weld County Attorney's Office for a period of sixty days to allow adequate time for the property owner to 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 within sixty days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on September 12, 1995, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Elena Hernandez 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. 951386 e Pt) hieyvlandez_; PL0824 Deputy CIto the Board VI #2184 - HERNANDEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D., 1995. BOARD OF COUNTY COMMISSIONERS W COUNTY, CpLOfADO ; „Ai ' Clerk to the Board APPRO • AS TO FORM: ttorney Dale K. Hall, Chairma FXC:I ISFf Barbara J. Kirkmeyer, Pro -Tern FXCI ISFn George E. Baxter Constance L. Harbert A/ CTV' ;1 W. H. Webster 951386 PL0824 Leo cr DATE: July 6, 1995 VIOLATION NUMBER: VI -2184 NAME: Elena Hernandez ADDRESS: P.O. Box 64, Ft. Lupton, CO 80521 LEGAL DESCRIPTION: 15721 of Lot 4 and Lot 6, 1st Sebolds, Ft. Lupton, Weld County, Colorado CASE SUMMARY April 27, 1995 Property inspected. Property in violation. May 2, 1995 Five day compliance encouragement letter issued. May 8, 1995 Telephone conversation with Frank Hernandez (son). May 19, 1995 Property inspected. Property still in violation. May 24, 1995 Violation Notice sent. May 24, 1995 Telephone conversation with Ramone Hernandez (son). May 31, 1995 Telephone conversation with Ramone Hernandez. June 27, 1995 Property inspected. Property still in violation. June 30, 1995 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The non-commercial junkyard is a violation of Section(s) 31.2 and 31.3.9 of the Weld County Zoning Ordinance. To correct the violation the non-commercial junkyard must be removed from the property or properly screened from all adjacent properties and public rights of way. 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. 951386 Oesti:r W1�Y� COLORADO June 30, 1995 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 Elena Hernandez P.O. Box 64 Ft. Lupton, CO 80521 Subject: VI- 2184, Legal Description: 15721 Lot 4 and Lot 6, 1st Sebolds, Ft. Lupton, Weld County, Colorado Dear Ms. Hernandez: 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 July 11, 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 July 10, 1995. If you have any questions concerning this matter, please call me. cerely, Julie Chester Zoning Inspector P.C. 2184 SERVICE, TEAMWORK, INTEGRITY, QUALITY 951386 /0)(e's WLiDc COLORADO NAME: Elena Hernandez Inspection Report LEGAL DESCRIPTION OF PROPERTY: 15721 Lot 4 and Lot 6, 1st Sebolds, Ft. Lupton, Weld County, Colorado DATE OF INSPECTION: June 27, 1995 CASE NUMBER: VI -2184 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. There is still a non-commercial junkyard located on the property consisting of appliances, tree branches, used building materials, trash and other miscellaneous junk. If the two vehicles are not running, they are still considered derelict. They both have current license plates. To bring the property into compliance the non-commercial junkyard would need to be removed from the property or totally screened from all adjacent properties and public rights of way. If the screening option is chosen, a detailed screening plan must be submitted and approved by the Department of Planning Staff before installation. Six photographs were taken at the time of inspection. Julie Chester Zoning Inspector 951386 WELD COUNTY DEPAR' NT OF PLANNING SERVICES' CITIZl INQUIRY FORM 1400 NORTH. 17TH AVENUE, GREELEY, COLORADO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 IfELEPHONE 0 OFFICE FIRST INQUIRY? 0 YES L❑iNO DATE: NAME: /"t4 Oe i /tyt4c ca. ADDRESS: TYPE OF INQUIRY ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING O PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL O Keith Schuett ❑ Sharon White ITEMS DISCUSSED: A(fzcs y_G,5 PHONE II: Q yS/-5- 30 ❑ 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 0 Chuck Cunliffe n n ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING O ADDRESSING ❑ BUILDING PERMIT O SETBACKS/OFFSETS O HOME OCCUPATION 0--VTOLATION ❑ OTHER 0 0 Todd Hodges d-'_fLc N�Cii j/j7r z-vcP/ 712s'7> -F' AVAILABLE OPTIONS: CONCERNS: cC ft - ACTION • J TO BE TAKEN: Time spent i _c_z-L -[ � _e.,(O,2/ f Gt 5'l (P(/}u_i..°)(r'C-i1i Cif n1LJ (cif i SCaff Member's ti Initial -4- 5 951386 WELD COUNTY DEPAR- NT OF PLANNING SERVICES' CITIZF INQUIRY FORM 1400 NORTH. 17TH AVENUE, GREELEY, COLORADO x0631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 VA"I'ELEPHONE O OFFICE FIRST INQUIRY? 1116'ES O NO DATE: 609 c NAME: ADDRESS: 12-nc 1 tie t TYPE OF INQUIRY (t 14461 ,`-‘147)...- I-- /-..3 V l_c, ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE O AMENDED SE O SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL pSi Se ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP .0 GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE PHONE 0: .14`37 7-8y ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT O ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS O HOME OCCUPATION Er -VIOLATION O OTHER 0 O Gloria Dunn ❑ T dd oc n/ ❑ Barry Kramer 0 Chuck Cunliffe C t C� Greg Thompson O Keith Schuett. O O Sharon White ITEMS DISCUSSED: Neu AVAILABLE OPTIONS: ExIL 1-f. 5 3 e i��cl ✓_G' LCD. C Q� A CONCERNS: ACTION TO BE TAKEN: 4 (� A '14 Time F1 Time spent JO .)4' tic -f t41 tz-tx-P 427 09C - CI .a/ ex. 1 t/, i.Y.2 c..F J l �:T Y Staff Member's initials 951386 VC 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 May 24, 1995 Violation Number : VI -2184 Elena Hernandez P.O. Box 64 Ft. Lupton, CO 80621 Legal Description : 15721 Lot 4 and Lot 6, 1st Sebolds, Ft. Lupton, 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 miscellaneous junk) located on the property that is not visually screened from all adjacent properties and public rights of way. This is not a use allowed by right in the "A" (agricultural) zone district. The violation can be corrected by removing the noncommercial junkyard from the property, totally screening it from all adjacent properties and public rights -of -way, or totally enclosing the noncommercial junkyard in a building or structure. The choice of screening the noncommercial junkyard would require a screening plan to be submitted to the Weld County 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 June 24, 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 Julie Chester Zoning Inspector 951386 (cralt WI`Dc. COLORADO NAME: Elena Hernandez Inspection Report LEGAL DESCRIPTION OF PROPERTY: 15721 Lot 4 and Lot 6, 1st Sebolds, Ft. Lupton, Weld County, Colorado DATE OF INSPECTION: May 19, 1995 CASE NUMBER: C-95-35 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 without proper screening. I spoke with the daughter-in-law of Elena and she said it would take a while, but they would remove all the junk. Two of the vehicles belong to Elena's sons and they are to remove them also. Vicki (the daughter-in-law) said this could all be accomplished in 30 days. Julie Chester Zoning Inspector 951386 WELD COUNTY DEPARTMEN^ c PLANNING SERVICES' CITIZEN I6 RY FORM 1400 NORTH. jr{ AVENUE, GREELEY, COLORADO 8063k PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 ❑ "Tc5ELEPHONE 0 OFFICE FIRST INQUIRY? 0 YES N0 DATE: `7C PHONE #: NAME: ADDRESS: n\6,Y. (LC,V-t_ 5�S 1 to `3-c( 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: O SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR O AMENDED USR O USR MINING O USR MAJOR FACILITY O USR DISPOSAL SITE O Greg Thompson ❑ Barry Kramer Cie C (l.,Ll A L^ -o, ❑ MINOR SUB SKETCH PLAN O MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT O SETBACKS/OFFSETS ❑O HOME OCCUPATION F3 VIOLATION ❑ OTHER 0 0 O Gloria Dunn O Chuck Cunliffe tAIL-LR S-11 0 Tod Hodq(As1 rl AVAILABLE OPTIONS: U Cl��lu-3 qMP {) CONCERNS: ACTION 'CO BE z�-�...� e Lti�- 4 { ks L* 7� Time spent JO) f%C L L-) Staff Member's Initials 951386 Ili\ WIDc COLORADO May 2, 1995 Elena Hernandez P.O. Box 64 Ft. Lupton, CO, 80621 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-95-35, Legal Description: 15721 Lot 4 and Lot 6, Ist Sebolds, Ft. Lupton, Weld County, Colorado Dear Ms. Hernandez: It has come to the attention of the Department of Planning Services' staff that the uses on the above described property may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is a non-commercial junkyard on the property without proper screening. Please call me within five working days of the date of this letter to review the concerns with me. Sincerely, nn Julie Chester Zoning Inspector pc: C-95-35 SERVICE, TEAMWORK, INTEGRITY, QUALITY 951386 Atvr; WLVDc. COLORADO NAME: Elena Hernandez Inspection Report LEGAL DESCRIPTION OF PROPERTY: 15721 Lot 4 and Lot 6, 1st Sebolds, Ft. Lupton, Weld County, Colorado DATE OF INSPECTION: April 27, 1995 CASE NUMBER: C-95-35 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 non-commercial junkyard is located on the property without proper screening. The non- commercial junkyard consists of derelict vehicles and miscellaneous junk. To correct the violation the non-commercial junkyard would need to be removed from the property or properly screened from all adjacent properties and public rights of way. One photograph was taken of the non-commercial junkyard. Julie Chester Zoning Inspector 951386 PARC TP: R PIN: 5308286 HERNANDEZ ELENA PARCEL INQUIRY PARC: 130932302026 C -9S- 3s ASSMT YR: 1995 LAST UPDATE: ACTIVE ON: INACTIVE ON: MAP#: ATIIN022 06/10/1991 09/16/1986 / / PO BOX 64 FT LUPTON CO 80621 TAX AREA 0820 .074726 1994 DATE LAST ASSESS 04/21/1995 LAST ASSESS LAND 4040 LAST ASSESS BLDGS 130 TOTAL LAST ASSESS 4170 PRIOR YEAR ASSESS 5090 REC DT 04/22/1991 DEED TP WD NUMBER 1296 02247814 WOL Y DOC FEE 0.00 15721 L4 & 6 1ST SEBOLDS FT LUPTON OUT PF3: PROFILE PF4: OWNERS MESSAGE: 1112 4040 TOT LAND 4040 1212 TOT BLDGS TOTAL VALUE PF5:LEGALS PF7:NEXT PARCEL PF6:DOC HIST PF10:PLOC 130 130 4170 PF11:MENU PF12:REAL 951386 WELT OUNTY ASSESSOR/TREASURER PROPERT\ JOCATOR BY PARCEL NUMBER R 130932302026 HERNANDEZ ELENA R 130932302027 NAKAMOTO JULIA Y R 130932302028 OLIVER WILLIAM F SR & R 130932302030 RAMIREZ JESS V 5308286 ACTIV 09/16/1986 INACTIV 15721 L4 & 6 1ST SEBOLDS FT LUPTON OUT 5308386 ACTIV 09/16/1986 INACTIV 15715 L2 1ST SEBOLDS FT LUPTON OUT 5308486 1252 5308586 1232 R 130932302031 0049787 PATTON DONALD D & LUANN D 815 R 130932302032 0049887 THURTELL C DALE & DONNA M 815 ACTIV 09/16/1986 INACTIV DENVER AV ACTIV 09/16/1986 INACTIV DENVER AV ACTIV 04/01/1987 INACTIV 12 ST ACTIV 04/01/1987 INACTIV 12 ST ATIBR091 / / / / / / FORT LUPTO / / FORT LUPTO / / FORT LUPTO / / FORT LUPTO PF1:SELECT PF7:BACK PF8:CONT PF9: RESTART PF10:PARC PF11:REAL PF12:MENU MESSAGE: 951386 Hello