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Home My WebLink About951940.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST SALLY DURAN 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, Sally Duran, VI #2212, 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 12th day of September, 1995, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Robert Duran was present to represent the property owner at said hearing, 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 ninety days to allow adequate time for the property owner to complete screening, store remaining derelict vehicles, and 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 December 12, 1995, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Sally Duran 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. 951940 PL0824 ; /-'c, cw; /)cz,' zx 1 VIOLATIONS - DURAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of September, A.D., 1995. a.,47 Clerk to the Board Dale K. Hall, Chairman fBV. 4,t .612(c`_iYIA. Deputy ClerkQtb the Board APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS WELgCOUNTY, COLORADO FXC:I ISFn Barbara J. Kirkmeyer, Geor a E!Baxter 2-5 71;77 .,"L/, h Constance L. Harbert ouriteyIkttOirn.d XCl1SFn HATE C)F SIANWr W. H. Webster (A 951940 PL0824 DATE: September 1, 1995 VIOLATION NUMBER: VI -2212 NAME: Sally Duran ADDRESS: 300 North 21st Avenue Greeley, CO. 80631 LEGAL DESCRIPTION: South 3 acres of Lot 3, SE4, SW4 of Section 31, Township 6N, Range 65 West of the 6th P.M. Weld County, Colorado CASE SUMMARY: June 9, 1995 Complaint made and assigned to Julie Chester. Property inspected and found to be in violation. July 5, 1995 Five-day compliance encouragement letter sent. July 14, 1995 Property inspected. Property is still in violation July 17, 1995 Zoning Violation notice mailed. July 18, 1995 Phone Call between Robert Duran and Julie Chester, Zoning Inspector. Mr. Duran said that the cars were his fathers cars and that his father hadrecently passed away. August 18, 1995 Property inspected. Property is still in violation. August 22, 1995 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. August 30, 1995 Screening Plan submitted and approved. 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. 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. 951940 #*14D, Wi�Dc COLORADO August 30, 1995 Sally Duran 300 North 21st avenue Greeley, Co, 80631 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TI-I AVENUE GREELEY, COLORADO 80631 Subject: Property described as the South 3 acres of lot 3, Southeast 1/4, Southwest'/ of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado Dear Sally Duran: Mr. Robert Duran Submitted a screening plan to our office for review. Department of Planning Services staff reviewed the screening plan dated August 30, 1995. Staff approved the screening plan as submitted provided that the posts are a minimum of 4" x 4" x 8' and that the removavble fence on the north side of the screening area be secured and in the upright position at all times. Please call Susan McMullen, Zoning Inspector at (970) 353 - 6100 Ext. 3540 if you have any questions or need additional information. Sincerely, '7.)"---7- ttt. chin urrent Planner II pc: VI -2212 Robert Duran SI3ItVIM,' IAAMWORK. INTHnItrIY. t)I IAI.IIY 951940 { 4 i 5N clo Vi 0 P . f 1 4 I- 'F- I Cam.-.. - I` e 4 951940 I TJ -a.. .. �•� -f -� 951940 WIDc. COLORADO August 22, 1995 Sally Duran 300 N. 21st Avenue Greeley, Colorado, 80521 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 -2212 Legal Description: S3 Acres of Lot 3, SE4/SW4 of Section 31, Township 6N, Range 65W, North of the Railroad, Weld County, Colorado Dear Sally Duran: 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 September 12, 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 September 11, 1995. If you have any questions concerning this matter, please call me. Sincerely, / /2 c - Susan McMullen Zoning Inspector pc: VI -2212 951940 Wl`Pc COLORADO NAME: Sally Duran Inspection Report LEGAL DESCRIPTION OF PROPERTY: DATE OF INSPECTION: August 18, 1995 CASE NUMBER: VI -2212 S3 Acres of Lot 3, SE4/SW4 of Section 31, Township 6N, Range 65W, North of the Railroad, 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. The non-commercial junkyard is still on the property. The derelict vehicles can be seen from North 21st Avenue. I did talk to the property owner Sally Duran, and her son Robert Duran. Robert did say that he plans to submit a screening plan. He also had plans to get rid of several of the vehicles. Susan McMullen Zoning Inspector pc: VI -2212 951940 INQUIRY FORM 80631 351-0978 WELD COUNTY DEPAL ENT OF PLANNING SERVICES' CITI£ 1400 NORTH. 17TH AVENUE, GREELEY, COLORADO PHONE: (303) 353-6100 EXT. 3540 FAX: (303) ArfELEPHONE 0 OFFICE FIRST INQUIRY? 0 YES .B'NO NAME: Pc, -e_ 43 ADDRESS: 30-0 t) 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: )s�f AVkJLt4._t_ ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ Greg Thompson ❑ Barry Kramer kan [/�l•L.\y�} //�Q p 4,2_4_01 �Y( l iL'... 1 k'�'L .: 1 i AVAILABLE OPTIONS: ACTION TO BE TAKEN: Time spent 1S fit, Cc 1'1 DATE: PHONE II: ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION -8--VIOLATION ❑ OTHER o ❑ Gloria Dunn 0 Todd Hod esj'^� ❑ Chuck Cunliffe 6�y Staff Member's Initials)/ [A)[X 44-n-LQ Cc_ etc c •tti-tt_4 • ad 49 rA i v e Y c,J c2( (Z1 /iv& //9s a cal 951940 WIDc. 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 July 17, 1995 Violation Number : VI -2212 Sally Duran 300 N. 21st Avenue Greeley, CO 80631 Legal Description : S3 Acres of Lot 3, SE4/SW4 of Section 31, Township 6N, Range 65W, North of the Railroad, Weld County, Colorado The uses on the above described property are being considered as a zoning violation of Section 31.2 and 31.19 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 consisting of numerous derelict vehicles from the property. The other option is to screen the derelict vehicles from all adjacent properties and public rights of way. If the screening option is chosen, a detailed screening plan must be submitted to the Department of Planning Staff before 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 30 (Thirty) days from July 17, 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 Attorneys 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. Julie Chester Zoning Inspector pc: VI -2212 951940 WIDc. COLORADO NAME: Sally Duran Inspection Report LEGAL DESCRIPTION OF PROPERTY: DATE OF INSPECTION: July 14, 1995 CASE NUMBER: VI -2212 S3 Acres of Lot 3, SE4/SW4 of Section 31, Township 6N, Range 65W, North of the Railroad, 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. There are still numerous derelict vehicles located on the property. I met with the mother of the property owner at the time of inspection and she tried to get in touch with her son by telephone, but was unsuccessful. I told her to have him call me and we could meet on the property and figure out a solution to the problem. To bring the property into compliance, the vehicles would need to be removed from the property or be properly screened from all adjacent properties and public rights of way. No photographs were taken at jlie time of inspection. L 'L� Julie Chester Zoning Inspector 951940 WE�Yc COLORADO July 5, 1995 Sally Duran 300 N. 21st Avenue Greeley, CO, 80631 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-95-71, S3 Acres of Lot 3, SE4/SW4 of Section 31, Township 6N, Range 65W, North of the Railroad, Weld County, Colorado Dear Ms. Duran: It has come to the attention of the Department of Planning Services' staff that the uses on your property (300 N. 21st Avenue) may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is a non-commercial junkyard consisting of numerous derelict vehicles located on the property. Please call me within five working days of the date of this letter to review the concerns with me. Sincerely; Julie Chester Zoning Inspector pc: C-95-71 SERVICE, TEAM WORK. INTEGRITY. QUALITY 951940 wIiDc. COLORADO NAME: Sally Duran Inspection Report LEGAL DESCRIPTION OF PROPERTY: DATE OF INSPECTION: June 9, 1995 CASE NUMBER: C-95-71 S3 Acres of Lot 3, SE4/SW4 of Section 31, Township 6N, Range 65W, N of Railroad, 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. There are numerous vehicles located on the property. I could not get back to the vehicles at the time of inspection because of the wet conditions, but they all appeared to be derelict vehicles as defined in the Weld County Zoning Ordinance. To bring the property into compliance the derelict vehicles would need to be removed from the property or totally screened from all adjacent properties and public rights of way. If screening is the option chosen, a detailed screening plan would need to be submitted and approved by the Department of Planning Staff prior to installation. Two photographs were taken at the time of inspection. Uf�P (if Julie Chester Zoning Inspector 951940 PARC TP: R PARCEL INQUIRY ASSN" YR: 1995 PIN: 1283886 PARC: 80331300021 .AST UPDATE: DURAN SALLY ACTIVE ON: INACTIVE.ON: MAP#: ATIIN022 05/27/1994 09/16/1986 / / 1246 300 N21 AV GREELEY TAX AREA 0604 DATE LAST ASSESS LAST ASSESS LAND LAST ASSESS BLDGS TOTAL LAST ASSESS PRIOR YEAR ASSESS REC DT NUMBER DOC FEE 0.00 CO 80631 .084352 1994 04/21/1995 1830 17320 19150 17390 DEED TP WOL 13835 S3 ACRES L3 SE4SW4 31 6 65 N OF RR %300 N 21 AV% PF3: PROFILE PF4: OWNERS MESSAGE: 1112 TOT LAND 1212 4279 TOT BLDGS TOTAL VALUE PF5:LEGALS PF7:NEXT PARCEL PF6:DOC HIST PF10:PLOC 1830 1830 15040 2280 17320 19150 PF11:MENU PF12:REAL 951940 WELD r'UNTY ASSESSOR/TREASURER ATIBRO91 PROPERTY .CATOR BY PARCEL NUMBER R 080331300021 1283886 ACTIV 09/16/1986 INACTIV / / DURAN SALLY 300 N 21 AV GREELEY R 080331300022 1283986 ACTIV 09/16/1986 INACTIV / / GREELEY CITY OF 13839 L4 SE4SW4 31 6 65 (1RR) R 080331300023 1284086 ACTIV 09/16/1986 INACTIV / / BUCKLEN EQUIPMENT COMPANY 13827 PT L1 SE4SW4 31 6 65 LYING S OF CACHE LA R 080331300024 1284186 ACTIV 09/16/1986 INACTIV / / BUCKLEN EQUIPMENT COMPANY 13851 L2 W2NW4SW4 31 6 65 (TRACTS A & B) & R 080331301001 1284286 ACTIV 09/16/1986 INACTIV / / KIZER PHILIP J 401 N 21 AV GREELEY R 080331302001 1284386 ACTIV 09/16/1986 INACTIV 03/18/1990 CALKINS ALBERT & LORENE H 13849 ALL BLK2 3RD WARD ACRES PF1:SELECT PF7:BACK PFB:CONT PF9: RESTART PF10:PARC PF11:REAL PF12:MENU MESSAGE: 951940 Hello