HomeMy WebLinkAbout960180.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST ALFONSO PALKO 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, Alfonso Palko, VI #2253, 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 13th day of February, 1996, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,Alfonso Palko, 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 deems it advisable to bring legal action against the individual as
hereinabove named to correct said violation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with
legal action against Alfonso Palko 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.
&. , ,oz CA; 7-ke 960180
PL0824
VIOLATIONS -VI #2253 - PALKO
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of February, A.D., 1996.
// /J O7 BOARD OF COUNTY COMMISSIONERS
r,
Iv�y%�1 /'C �G'2�a� WELD COUNTY, COLORADO
FxcusFn
(,,,,;.11'
Barbara J. Kirkmeyer, Chair
r.f y Clerk to the Board
0 413,
\- ()\ t- p ____L_ G_eor . Baxter, P -Te
lei to the Board
Dale K. Hall
AP D AS TO (72,e/2-9)-- P,..t.--- S �""Au'l
Constance L. Harbert
unty Attor y /X ,r10 I ,
W. H. Webster
960180
PL0824
DATE: February 5, 1996
VIOLATION NUMBER: VI-2253
NAME: Alfonso Palko
ADDRESS: 2150 Mathews
Fort Lupton, Co. 80621
LEGAL DESCRIPTION: Lot 6, Block 4, Country Estates#2, Weld County, Colorado
(147123301006)
CASE SUMMARY:
October 5, 1995 Complaint made and assigned to Susan McMullen.
October 25, 1995 Property inspected. Property is in violation.
October 31, 1995 Five-Day compliance encouragement letter sent.
November 27, 1995 Property Inspected. Property is in violation.
November 27, 1995 Zoning Violation notice sent.
January 25,1996 Property inspected. Property is in violation.
January 26, 1995 Letter sent to property owner indicating that the violation case was
scheduled before the Board of County Commissioners.
The unscreened 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 needs to
be removed or screened. If screening is the option of choice then a detailed screening plan
needs to submitted to the Department of Planning Services for review and approval before
installation.
The Department of Planning Services 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.
960180
a
rs
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-6100, EXT.3540
FAX (303)352-6312
III
C. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY,COLORADO 80631
COLORADO
January 26, 1996
Alfonso Palko
2150 Mathews Avenue
Fort Lupton, CO. 80621
Subject : VI-2253
Legal Description: Lot 6, Block 4, Country Estates#2, Weld County, Colorado
Dear Alfonso Palko,
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 February 13, 1996 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 February 12, 1996
If you have any questions concerning this matter, please call me.
Sincerely,
Susan McMullen
Zoning Inspector
pc: VI-2253
960180
.caktiWi wink Inspection Report
COLORADO
NAME: Alfonso Palko
LEGAL DESCRIPTION OF PROPERTY: Lot 6, Block 4 Country Estates #2, Weld
County, Colorado (147123301006)
DATE OF INSPECTION: January 25, 1996
CASE NUMBER: VI-2253
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 an
unscreened non-commercial junkyard located on the property. It consists of one derelict car.
The non-commercial junkyard needs to be removed or screened. If screening is the option of
choice then a detailed screening plan needs to be submitted to the Department of Planning
Services for review and
approval prior to installation.
Susan cMullen
Zoning Inspector
pc: VI-2253
960180
if
WUD
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-6100,EXT.3540
C. FAX (I03)352-6 ES
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
COLORADO GREELEY,COLORADO 80631
WELD COUNTY
ZONING VIOLATION NOTICE
November 28, 1995 Violation Number : VI-2253
Alfonso Palko -
2150 Mathews Avenue
Fort Lupton,Colorado 80621
Legal Description : Lot 6, Block 4, Country Estates#2, 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. An unscreened noncommercial junkyard is not a use
allowed by right in the Agricultural zone district. The noncommercial junkyard consists of two derelict
vehicles. The violation can be corrected by removing the noncommercial junkyard or screening it. If
screening is the option of choice then a detailed screening plan needs to be submitted to the Department
of Planning Services for review and 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 30 (Thirty)
days from November 28, 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
/1/74-4/usan McMullen
Zoning Inspector
pc: VI-2253
960180
441\C Inspection Report
wine
COLORADO
NAME: Alfonso Palko
LEGAL DESCRIPTION OF PROPERTY: Lot 6, Block 4, Country Estates#2, Weld
County, Colorado
DATE OF INSPECTION: November 27, 1995
CASE NUMBER: VI-2253
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 an
unscreened noncommercial junkyard located on the property. The noncommercial junkyard
consists of two derelict vehicles. To bring the property into compliance the noncommercial
junkyard needs to be removed or screened. If screening is the option of choice then a detailed
screening plan needs to be submitted to the Department of Planning Services for review and
approval prior to installation.
'Susan McMullen
Zoning Inspector
pc: VI-2253
960150
•
I cits
DEPARTMENT OF PLANNING SERVICES
WI g PHONE (303)353-6100, EXT.3540
FAX (303)352-6312
C. WELD COUNTY ADMINISTRATIVE
OFFICES
0 AVENUE
COLORADO GREELEY,COLORADO 80631
October 31, 1995
Alfonse Palko
2150 Mathews Avenue
Fort Lupton, Colorado, 80621
Subject: C-95-136
Located on property described as: Lot 6, Block 4, Country Estates #2, Weld Colorado
Parcel: 147123301006
Dear Alfonse Palko:
It has come to the attention of the Department of Planning Services' staff that the uses on your
property (2150 Mathews Avenue) may not be in compliance with the Weld County Zoning
Ordinance, 31.2 and 31.3.9. The potential noncompliance with the zoning ordinance is an
unscreened noncommercial junkyard. The noncommercial junkyard consists of two derelict
vehicles. To bring the property into compliance the vehicles need to be removed, screened,or the
derelict condition corrected. If screening is the option of choice then a detailed screening plan
needs to be submitted to the Department of Planning Services for review and approval prior to
installation.
Please call me within five working days of the date of this letter to review the concerns with me.
Sincerely,
usan McMullen
Zoning Inspector
pc: C-95-136
SERVICE,TEAMWORK,INTEGRITY,QUALITY
A 960180
�1�1
wipe Inspection Report
COLORADO
NAME: Alfonse Palko
LEGAL DESCRIPTION OF PROPERTY: Lot 6, Block 4, Country Estates#2, Weld
County, Colorado
DATE OF INSPECTION: October 25, 1995
CASE NUMBER: C-95-136
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 an
unscreened noncommercial junkyard located on the property. It consists of two derelict vehicles.
During the inspection I did talk to the property owner, he said that he would move one vehicle
into his garage and the other one would be picked remove by his brother.
An unscreened noncommercial junkyard is not a Use allowed by Right in the Agricultural Zone
District. To bring the property into compliance the derelict vehicle needs to be removed,
screened or the derelict condition corrected. If screening is the option of choice then a detailed
screening plan needs to be submitted to the Department of Planning Services for review and
approval prior to installation.
Susan McMullen
Zoning Inspector
pc: C-95-136
960180
•
system of at least six grades or to any preschool established •
pursuant to the provisions of Article 28 of Title 22, C.R.S-, which is:.
•
maintained in connection with a public school system of at least six':. .
grades so long as the school system is not also providing extended
day services- The terms shall not include any facility licensed as a;
family care home under the provisions of this article.
COMMERCIAL JUNK YARD: An open or enclosed area where any'.
waste, JUNK, or used or second hand materials are bought, sold,
• exchanged, stored, baled, packed, disassembled or handled,
including, but not limited to, scrap iron and other metals, paper, rags,
rubber tires and bottles. A COMMERCIAL JUNK YARD also includes
the storage or keeping of DERELICT VEHICLES.
COMMERCIAL MINERAL DEPOSIT: A natural mineral deposit of
limestone used for construction purposes, coal, sand, gravel, and
quarry aggregate, for which extraction by an EXTRACTOR is or will -.
be commercially feasible and regarding which it can be demonstrated •
by geologic, mineralogic, or other scientific data that such deposit has •
significant economic or strategic value to the area, state, or nation
COMMON OPEN SPACE: Means a parcel of land, an area of water,
or a combination of land and water excluding streets, parking lots and
right-of-ways within the site designated for a Planned Unit •
Development designed and intended primarily for the use or
enjoyment of residents, occupants, and owners of the Planned Unit ..
Development.
COMPREHENSIVE PLAN: The duly adopted Weld County
Comprehensive Plan.
CONTRACTOR'S SHOPS. Establishments engaged in installing and •
servicing such items as air conditioners, electrical equipment. '
flooring, heating, painting, plumbing, roofing, tiling, ventilation and
service facilities of utilities.
COUNTY: The County of Weld, a home rule county in the State of
Colorado.
CRITICAL FEATURE: An integral and readily identifiable part of a
FLOOD protection system, without which the FLOOD protection
•
provided by the entire system would be compromised.
•
D. DAIRY: An establishment for the primary production and subsequent
sale or distribution of milk and/or milk products.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move
under its own power); partially or totally dismantled; wrecked or
1 damaged; or lacking proper equipment to the extent that it would be
unsafe or illegal to use on PUBLIC road rights-of-way or otherwise not R.
equipped with lamps and other equipment as required in Sections 42
4-202 to 42-4-228, Colorado Revised Statutes. This definition shall
not include implements of husbandry or farm tractors. `
•
10-5
960180
_ :_
•
STRUCTURES. These areas are characterized by previous
subsidence over undermined areas where pillars were left. This
condition produces the potential for further small scale collapse and
differential settlement.
N NEIGHBORHOOD: When used in this code in reference to a
particular LOT, the word NEIGHBORHOOD.is intended to describe
in a general way the land area which is in the vicinity of the LOT in
question and which will be affected to a greater extent than other land
areas in the COUNTY by USES which exist on the LOT or are
proposed for it; a NEIGHBORHOOD always includes LOTS which are
ADJACENT to the LOT under consideration and, depending upon the
land USE in question. may include more remote areas as well.
NEW CONSTRUCTION: STRUCTURES for which the START OF
CONSTRUCTION commenced on or after the effective date of this
Ordinance.
NIGHTCLUB. BAR. LOUNGE OR TAVERN: An establishment
primarily intended to serve alcoholic beverages to customers on
premises and licensed as such by the State of Colorado and the
County of Weld.
•
NONCOMMERCIAL JUNK YARD: An area where any waste, JUNK,
or used or second hand materials are stored or handled, including,
• but not limited to, scrap iron and other metals, paper, rags, rubber
tires, building materials, and bottles. A NONCOMMERCIAL JUNK
YARD may also include the storage or keeping of DERELICT
VEHICLES. The NONCOMMERCIAL JUNK YARD shall be totally
enclosed within a BUILDING or STRUCTURE or visually SCREENED
from all adjacent properties and public rights-of-way.
NONCONFORMING USE OR STRUCTURE A USE or STRUCTURE
that does not conform to a provision or requirement of this Ordinance,
but was lawfully established prior to the time of its applicability.
NON-INSTRUMENT RUNWAY: RUNWAYS that are not equipped
with electronic navigation equipment. The non-instrument runways
are the crosswind runway (Runway 15-33) and the parallel practice
• runway (Runway 9L-27R).
NOXIOUS WEEDS: Includes one or more annual, biennial, or
perennial plants which are causing or may cause damage or loss to
a considerable portion of land or the livestock in Weld County.
NUDE. STATE OF NUDITY: A person appears nude or in a state of
nudity when such person is unclothed or in such attire, costume or• clothing as to expose to view any portion of the female breasts below
the top of the areola or any portion of the pubic hair, anus, cleft of the
- buttocks, vulva, or genitals.
10-15
96o18Q_—
PARC TP : R PARCEL INQUIRY ASS' ' YR: 1995 ATIIN022
PIN: 6254286 PARC: 147123301006 LAST UPDATE : 08/28/1991
PALKO ALFONSE ACTIVE ON: 09/16/1986
INACTIVE ON: / /
MAP# : 1459
2150 MATHEWS N
FT LUPTON CO 80621
TAX AREA 0319 . 069712 1994
DATE LAST ASSESS 04/21/1995
LAST ASSESS LAND 2710
LAST ASSESS BLDGS 6720
TOTAL LAST ASSESS 9430 1112 2680
PRIOR YEAR ASSESS 9100 TOT LAND 2680
REC DT 07/01/83 DEED TP QCD
NUMBER 1000 01932131 WOL
DOC FEE 3 . 06
1212 6630
2CE4-6 L6 BLK4 COUNTRY ESTATES #2 TOT BLDGS 6630
%2150 MATTHEWS AV% ' TOTAL VALUE 9310
PF3 : PROFILE PF5 :LEGALS PF7 :NEXT PARCEL PF11 :MENU
PF4 : OWNERS PF6 :DOC HIST PF10 :PLOC PF12 :REAL
MESSAGE :
960180
8 — vvw e rout lr`{ RUAD 6 J
/ 2929 2930 / / /
2931 1_29212
/ Do-4 anf iat4C1 5
CIA-A- -ti / rip/-13- I -0
aP1 y
2889 ' 287O • Tn�rl 2871 2872
2812 �';/c.e5 Imo,
3 i J 3 2�Il I JZ411Gt, 3
2s�� 2810 \��S fir ' -3rd Fifin9 JIG( l.t - Gu-t.
a,0 ¢ 2749 2750O d j R 3S /f,l 751 127520 ¢
1 6,. itn, -23-1- a 4-005 I1 YS -rct.
v(&) 1 5 iuj Uc(a /.4 , It;� 9e
) t, A.� 269 2690 5 s Jh
• 2691 2692 sa aof ss
<)444 )1 `232---°1 100Io
2 2630 GsH"(rte- -0 263) 2632 6
W
7 2569 26702571
S_ 4 G 2571 272 '
s e I it...., 5 2512 8
16015 2510
f-,•.,
I“))4 `. Ih4cxl✓
/ 2450 sin 2 331 / 245-r l !
242 /
23CQ I I
7 23t9 ,2390 7 COU TRY a i 2W
.3 32 2329 3c 3 ESTATES 92331 I 2332 3
Filing SUB, 41b filing
ty-H -z}-3- 0)-0"Y i
O q 02S�; ! 270 ,4 /;'0¢ a2271 12272 ¢
I Li
0209, 122(0 5 6 22,I 2212
v, ,,,r--,,,,-23 _3 _,1 -frt %
' Z . Kilk 'C6Jcc7 Du `.. rr �, ; 6
21 -z 3-c.,u 214921 FA a 2 5 2151 21S 7 trj ,a 7
FO 2090 ' 7 209) i 12032
t5 il71 - 23 - 3 -0i .00 „ 1
3 ! �,o''I,, B 8 '!2032 B
1(0103„:1 ; I I[Wb3 -4 I 5 i - i___ 16Y)31__
�' 5/32
WELD coutTry Wow, (o
r 1, AJb . -Pc,... /i 1/
960180
Hello