HomeMy WebLinkAbout981467.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST JACK AND MARJORIE EDSON/CLAY VARRA 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, Jack and Marjorie Edson/Clay Varra, VI #9800109, are 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 August, 1998, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Jack and Marjorie Edson/Clay Varra were 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 those individuals
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 Jack and Marjorie Edson/Clay Varra 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.
981467
PL0824
(If' D,�. ' 2 A� &fin; ✓arr�
VIOLATIONS - VI #9800109 - JACK AND MARJORIE EDSON/CLAY VARRA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of August, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
"Li WEL COUNTY, COLORADO
ATTEST: --eP>1re..-rs
Constance L. Harbe Chair �
Weld County Clerk to he %,,-fF�iscl $t I? i t �� � �.,
W
� e W. H. Webster, Pro-Tem +
Deputy Clerk to t rre �
- eorge E. Baxter
D AS FORM: EXCUSED DATE OF SIGNING (AYE)
DaleaC. Hall
t A o y q/_ ./,5, ;5�, / JAI/71s', L
Barbara J. Kirkmeyer
981467
PL0824
DATE: August 11, 1998
VIOLATION NUMBER: VI-9800109
NAME:Jack and Marjorie Edson/Clay Varra
ADDRESS: 11623 Quivas Circle, Westminster, CO 80234
Midtown Materials, 750 Boston Avenue, Longmont, CO 80501
LEGAL DESCRIPTION: Part of the NW4 of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado.
PARCEL NUMBER: 1313 10 000087
CASE SUMMARY
March 25, 1998 Letter sent to Mr. Clay Varra from Gloria Dunn, Current Planner, recommending how
the applicant should proceed with his plan for possible mining use, storage, a nursery
and landscape yard.
July 1, 1998 Office visit between Clay Varra and Eric Jerman. Mr. Varra requested a letter from the
Department of Planning Services allowing him to open his landscape business
operation before he had completed his site plan review. During the course of the
conversation, Mr. Varra then claimed to have already completed, submitted and
recorded a site plan review. Eric Jerman agreed to research this but only found a
change of zone application. Eric Jerman then explained that Mr. Varra would have to
apply for the site plan review.
July 14, 1998 Letter sent to Mr. Clay Varra from Eric Jerman, Planner. Mr. Varra had decided to
proceed with the landscape sales operation only. The Department of Planning Services
recommended that Mr. Varra submit the site plan review application. The letter
reiterated that Mr. Varra could not proceed with the operation of the business without
the site plan review approved.
July 14 1998 Initial complaint received regarding a commercial operation without the appropriate
permits.
July 14, 1998 Site inspection conducted. The landscape sales operation has been set up on the
property and signage posted advertising the business. I spoke with one of the workers
on site and he gave me Mr. Varra's telephone number.
July 14, 1998 Mr. Varra returned my call. I emphasized that the site plan review application would
need to be submitted immediately and I would be issuing a violation on the property.
Mr. Varra stated that he would apply for the site plan review no later than July 24,
1998.
July 24, 1998 Mr.Varra did not submit his site plan review application by the deadline agreed upon.
July 28, 1998 Letter sent to Mr. Varra from Sharyn Frazer, Zoning Compliance Officer, scheduling
him to appear before the Board of County Commissioners at the violation hearings on
August 11, 1998.
981467
Jack and Marjorie Edson/Clay Varra, Midtown Materials
Page 2
July 29, 1998 Mr.Varra called Sharyn Frazer and explained that a death in the family had caused him
to miss the deadline for the site plan review submittal. I told him that I had sent the
above letter the day before. I further explained that if he did not have the site plan
review application submitted to the Department of Planning Services by August 7,
1998, he would need to appear at the violation hearings.
The operation of a landscape sales business without an approved site plan review submitted to the Department
of Planning Services is a violation of Section 23 of the Weld County Zoning Ordinance. To bring the property
into compliance the site plan review would need to be submitted, paid for and approved by the Department of
Planning Services.
The Department of Planning Services 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.
Copies of the violation materials are available at the Department of Planning Services' office or the Weld County
Attorneys Office.
98/17& 1
CITIZEN INQUIRY FORM
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312
ELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: 7• aq • el V
NAME: Oft jet 0L, PHONE:
ADDRESS: Mull-ow' ` Abui J V-)
TYPE OF INQUIRY:
_ MHZP _ SKETCH PLAN _ MINOR SUB SKETCH PLAN
- ZPMH _ PRELIMINARY PLAN _ MINOR SUB FINAL PLAT
RE _FINAL PLAT _ ZONING
_ AMENDED RE _ RESUBDIVISION _ ADDRESSING
_ SE _ FHDP BUILDING PERMIT
AMENDED SE - GHDP _ SETBACKS/OFFSETS
SITE PLAN REVIEW _ USR HOME OCCUPATION
_ REZONING _ AMENDED USR VIOLATION
_ PUD SKETCH PLAN _ USR MINING _ OTHER
_ PUD DISTRICT _ USR MAJOR FACILITY _
_ PUD FINAL PLAT US ISPOSAL SITE
STAFF PERSON:
ITEMS DISCUSSED: •
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DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1400 N. 17th Avenue, Greeley, CO 80631
ID Phone: (970) 353-6100, Ext. 3540
Fax: (970) 352-6312
"liC.
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
July 28, 1998
Jack and Marjorie Edson
11623 Quivas Circle
Westminster, CO 80234
Clay Varra
Midtown Materials
750 Boston Avenue
Longmont, CO 80501
Subject: VI-9800109, Part of the NW4 of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado.
Dear Mr. and Mrs. Edson and Mr Varra:
The uses on the above described property are being considered as a zoning violation of Section 23 of the Weld
County Zoning Ordinance.
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 August 7, 1998, to correct this
zoning violation by applying for and paying for a site plan review. Mr.Varra and I discussed this requirement
on July 17, 1998, and he was to have submitted the application by July 24, 1998. Failure to do so within the
designated time frame will result in this office scheduling the violation before the Board of County Commissioners
on August 11, 1998, at 10:00 a.m., Centennial Center, 915 10th Street, Greeley, Colorado, 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 contact me at the above address
or telephone number.
cerely,
Sharyn Fr er, ACEO
Zoning Compliance Of icer
pc: VI-9800109
SERVICE,TEAMWORK,INTEGRITY,QUALITY
98'12'& 7
CITIZEN INQUIRY FORM
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312
TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: 7. i 4. 98
NAME V/,t P ONE:
ADDRESS: rn 1(44) �
TYPE OF INQUIRY:
MHZP _ SKETCH PLAN _ MINOR SUB SKETCH PLAN
_ ZPMH PRELIMINARY PLAN _ MINOR SUB FINAL PLAT
RE _ FINAL PLAT _ ZONING
_ AMENDED RE _ RESUBDIVISION _ ADDRESSING
_ SE _ FHDP _ BUILDING PERMIT
AMENDED SE _ GHDP _ SETBACKS/OFFSETS
V SITE PLAN REVIEW _ USR HOME OCCUPATION
REZONING _ AMENDED USR O�V� IOLATION
_ PUD SKETCH PLAN _ USR MINING OTHER
_ PUD DISTRICT _ USR MAJOR FACILITY _
_ PUD FINAL P TM n , USR DISPOSAL SITE
STAFF PERSON:S►/j (�' ar,s2AC
ITEMS DISCUSSED: C%��� l/ J .cc 4 m n i c.o
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Time Spent: itay-j1\, Staff Member's Initials. .
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PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 08/04/98
Additional Notations for Inspection item: 00400 Violation
Permit No: VI-9800109 Applicant: VARRA CLAY
Status: COMPLNT Location: NW4 10-2-68
Line Insp. Date Text
1 07/14/98 I CONDUCTED A SITE INSPECTION OF THE PROPERTY BASED ON A
2 07/14/98 COMPLAINT CALL THAT CAME INTO THE DEPT. OF PLANNING SVCS.
3 07/14/98 A LANDSCAPING SALES OPERATION IS OCCURRING ON THE PROPERTY.
4 07/14/98 A SIGN IS POSTED ADVERTISING "MIDTOWN MATERIALS". I SPOKE
5 07/14/98 WITH A WORKER ON SITE WHO GAVE ME THE NAME AND PHONE NUMBER
6 07/14/98 OF THE OWNER. I TRIED TO CALL MR. CLAY VARRA AND CONNECTED
7 07/14/98 WITH THE ANSWERING MACHINE. MR. VARRA CALLED ME BACK AND I
8 07/14/98 EXPLAINED THAT WE WOULD ISSUE A VIOLATION ON THIS OPERATION.
9 07/14/98 A SPR IS REQUIRED AT THIS SITE. ERIC JERMAN HAS BEEN
10 07/14/98 WORKING WITH MR. VARRA AND TO DATE, TO NO AVAIL.
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.
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restskr
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3559
igeFAX (970) 352-6312
INISTRATIVE OFFICES
July 14, 1998 WELD COUNTY1400 N. 17TH AVENU
GREDELIEY COLORADO 80631E
COLORADO
Clay Varra
Midtown Materials
750 Boston Ave.
Longmont, CO 80501
RE: Edson PUD property situated in part of NW4 of Section 10, T2N, R68W of the 6th P.M.,
Weld County, CO.
Dear Mr. Varra:
The Department of Planning Services recently reviewed your proposal for development of the
above-referenced property located at the intersection of SH 119 and WCR 7 in the Mixed Use
Development area of the county.
You requested to go ahead with your landscape sales operation and to stop any and all efforts to
mine the site for gravel.
Based on the letter from Gloria Dunn dated March 25, 1998 and from review of the change of
zone plat, number Z-466, recorded May 25, 1993, your property is currently zoned O-3 and I-1
Both the letter and the plat clearly state that to proceed with the landscape sales operation you
will need to complete a Site Plan Review. Your landscape sales operation shall not commence
before completion of a Site Plan Review.
You have told me that you have completed a Site Plan Review and I agreed to look for
documentation of this. I called your office during the first week of July and asked for a check
stub or receipt from your Site Plan Review application. To this day I have not received a phone
call back or any documentation regarding a completed Site Plan Review.
Let me be clear that if you are operating your landscape sales operation before you have
completed a Site Plan Review then you are in violation of the Weld County Zoning Ordinance.
If, in fact; you have already finished the Site Plan Review then the Department of Planning
Services must have in its possession documented proof of the completed and recorded Site
Plan Review within 10 working days from the date of this letter.
Please call me when you have reviewed this letter to discuss what your options are at this time.
Sincerely,
Ccl8
Eric A. Jerman
Planner
Qglc/&7
VI-CQ4,rR .�,n
CITIZEN INQUIRY FORM
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312
❑ TELEPHONE O OFFICE FIRST INQUIRY? O YES NO DATE: '7./i 1 9P
NAME: Ye. Cl. L y LJorr . PHONE: (3°3 ) 66 Lf — 2 CT 00
ADDRESS: ?kJ N'<.)
( J'<.1 {C.'t0J► t41.4-1-4-1-,10(� 7 (9 arc '✓) A*-0 2. L ivir,x11/ ( oS L I
TYPE OF INQUIRY:
MHZP _ SKETCH PLAN - MINOR SUB SKETCH PLAN
_ ZPMH _ PRELIMINARY PLAN _ MINOR SUB FINAL PLAT
RE _FINAL PLAT _ ZONING
AMENDED RE - RESUBDIVISION _ ADDRESSING
SE _.__ FHDP BUILDING PERMIT
AMENDED SE _ GHDP SETBACKS/OFFSETS
SITE PLAN REVIEW _ USR _ HOME OCCUPATION
REZONING AMENDED USR _ VIOLATION
_ PUD SKETCH PLAN __-._ USR MINING _ OTHER
PUD DISTRICT - USR MAJOR FACILITY
PUD FINAL PLAT USR DISPOSAL SITE
STAFF PERSON: e-! .--- E L'1A- N.
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DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
T 1400 N. 17th Avenue, Greeley,CO 80631
Phone (970) 353-6100, Ext.3540
hID O •. Fax(970)352-6312
C
COLORADO
March 25, 1998
Clay Varra
Midtown Materials & Storage Co., Inc. •
750 Boston Ave.
Longmont, CO 80501 \
•
RE: Edson PUD property situated in part of NW4 of Section 10, T2N, R68W of the 6th P.M.,
Weld County, CO
Dear Mr. Varra:
The Department of Planning Services recently reviewed your proposal for development of the
above-referenced property located at the intersection of SH 119 and WCR 7 in the Mixed Use �l
Development area of the county.
The information you submitted indicates possible uses consisting of mining, storage, a nursery
and landscape yard. Our staff recommends that you consider permitting the entire 35 acre area
for mining prior to esablishing other uses on the site. For this you would need to submit and
have approval of a Special Review permit for mining with Weld County, as well as meeting state
requirements. Mining may be permitted and allowed in the A (Agricultural) zone district;
therefore, if the permit is approved, the PUD (Planned Unit Development) would have to be
vacated and revert back to Agricultural zoning. A new PUD application for a single lot with mixed
uses could commence prior to completion of mining and possibly be timed to occur in conjunction
with the reclamation of the site. If approved, the PUD could be phased to follow phases of the
mining, if adequate buffering and use compatibility could be demonstrated.
The Special Review permit portion of this process requires approximately 2 Yz to 3 months to r,
completion after the application is submitted. The time frame for a PUD often averages between
9 and 12 months:
If you have further questions regarding this matter or if I may assist you further, please feel free c,
to contact me.
Sincerely,
e.lori: Dunn
�u --nt Planner
7 Service,Teamwork,Integrity,Quality
PERMITS Id: ACTP125 Keyword: AACT User: SFRAZER 07/27/98
Activity Table Processing Violation
Permit No: VI-9800109 Applicant: VARRA CLAY
Status: COMPLNT
Type: VIO Vers: 9601 Screen: 01
Base Information
Parcel No: 1313 10 000087
Owner: EDSON JACK E & MARJORIE J
Status: COMPLNT Written By: SEF Sec/Twn/Rng: 10 02 68
Description: COMMERCIAL OPERATION WITHOUT A SPR. EDSON PUD
Location: NW4 10-2-68
Zoning Dist: C-3 & 1-1 Permit Num:
App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi^)
Class Code: VI-3
site plan
Complaint: 7/27/1998 'nit: SEF NO VI: / / 'nit:
5 Day Letter: 7/27/1998 [nit:
Issued: / / Init:
Inspection: / / 'nit:
BCC Vio: / / 'nit:
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 07/27/98
Activity Full Description Maintenance Violation
Permit No: VI-9800109 Applicant: VARRA CLAY
Status: COMPLNT Location: NW4 10-2-68
Full Work Description
Description: Page No: 1
COMMERCIAL OPERATION WITHOUT A SPR. EDSON PUD
F2=Next Page, F3=1ST Page, F4=Prev Page, F7=Update, ESC=Exit Desc Maint
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