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Home My WebLink About990269.tiff RESOLUTION RE: ACTION OF THE BOARD OF COUNTY COMMISSIONERS REGARDING VIOLATION #9700197 AGAINST GARY AND MARY NOVOTNY 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, Gary and Mary Novotny, VI #9700197, 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 9th day of February, 1999, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Gary and Mary Novotny, property owners, were present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to grant an extension until April 12, 1999, to allow adequate time for the property owners to meet all Conditions of Approval and Development Standards of Special Review Permit (USR #1193) approved by the Board of County Commissioners on September 23, 1998. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that an extension until April 12, 1999, be granted. BE IT FURTHER RESOLVED, if the property owners do not meet all Conditions of Approval and Development Standards of Special Review Permit (USR#1193) by April 12, 1999, a Probable Cause Hearing will be set by the Department of Planning Services. /� 990269 r/r.' PA /Vovoiv ✓ PL0824 VIOLATIONS -VI #9700197 - GARY AND MARY NOVOTNY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of February, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LfPTY, C LO O ATTEST: Li/ 4a `- Dale K. Hall, Chair Weld County Clerk to t, Bo . �+ q�/ II,� � �� 18 I ' ♦ V� (( �L(iL /tlL- 1L.El/2-�'�,� . / 0^ QV -I f8arbar J. Kirkmeyer, ro-Tem U/BY: Deputy Clerk to th� % + �1 +rr((��I�S, ee . xter ED O FORM: . . eile ou Attorney -a•<< 1j(;,,i\� Glenn Vaad 990269 PL0824 DATE: February 9, 1999 VIOLATION NUMBER: VI-9700197 NAME: Gary and Mary Novotny ADDRESS: 39592 Weld County Road 18, Roggen, CO 80652 LEGAL DESCRIPTION: Part of the NW4 NE4 of Section 27, T2N, R62W of the 6th P.M., Weld County, Colorado. PARCEL NUMBER: 1301 27 000016 CASE SUMMARY January 20, 1998 Initial complaint received. The potential noncompliance with the Weld County Zoning Ordinance is the operation of a commercial salvage business in the A (Agricultural) zone district. February 5, 1998 Telephone call between Gary Novotny and Sharyn Frazer, Code Compliance Officer. It was determined that the Department of Planning Services would send application materials for a Special Review permit. February 10, 1998 Letter sent to Mr. and Mrs. Novotny with the application materials as agreed upon in the February 5, 1998, telephone call. April 7, 1998 Letter sent to Mr. and Mrs. Novotny requesting submittal of the Special Review permit. Mr. Novotny was working with Gloria Dunn, Current Planner, however, the application had not been submitted, to date. April 14, 1998 Mr. Novotny came into the Department of Planning Services and met with Gloria Dunn and Sharyn Frazer with questions he had on the application materials. He stated he would submit the application within approximately two weeks. May 20, 1998 The application for a Special Review permit was submitted to the Department of Planning Services. July 21, 1998 Planning Commission Hearing. The Planning Commission forwarded the case to the Board of County Commissioners with their recommendation for approval. September 23, 1998 Board of County Commissioners Hearing. Case USR-1193, was approved with conditions of approval and development standards. January 26, 1999 Progress inspection by Sheri Lockman and Sheble McConnollogue to determine if the property was in compliance with the conditions of approval for USR-1193. Mr. Novotny has made significant progress, however he still had not completed the following: -A waste handling plan - I.S.D.S. evaluation of the septic - Buffering and screening of the site - Relocating all the waste and debris to the five-acre site before January 1, 1999 -A borrow pit for drainage -A landscaping plan 990269 VI-9700197, Gary and Mary Novotny Page 2 January 29, 1999 Letter sent to Mr. Novotny scheduling him to appear before the Board of County Commissioners at the violation hearings, to consider the request for an extension of time to achieve compliance with the conditions of approval for USR-1193. February 3, 1999 Pictures were taken with the digital camera. Mr. Novotny has made decided progress since the inspection that occurred on January 26, 1999. All of the waste and debris has been relocated to the five-acre site, to date. The existing buffering and screening of the site and the landscaping plan are items that would need to be delineated on the plat. The following items have not been completed: -A waste handling plan - I.S.D.S. evaluation of the septic -A borrow pit for drainage 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. Oc o9 Kitb DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley,CO 80631 Phone(970)353-6100 till Fax(970)352-6312 De COLORADO January 29, 1999 Gary and Mary Novotny 39592 Weld County Road 18 Roggen, CO 80652 Subject: VI-9700197, Part of the NW4 NE4 of Section 27, T2N, R62W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Novotny: 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 9, 1999, at 10:00 a.m. to consider your request for an extension of time regarding the violations occurring on the 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 violations. 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. If you have any questions concerning this matter, please call me. Sincerely, thFrer Zoning Compliance Officer pc: VI-9700197 4,44itrit MEMORANDUM TO: USR-1193 Vle II From: Sheri LockmanCurrent o kmanCurrent Planner January 26, 1999 COLORADO SUBJECT: Non-compliance with USR 1193 resolution Sheble McConologue and myself conducted a field check on January 11, 1999 to determine if Mr. Novotny was in compliance with the conditions of approval for USR-1193. Although Mr. Novotny has made significant progress he still had not completed the following: A waste handling plan I.S.D.S. evaluation of the septic Buffering and screening of the site Relocating all the waste and debris to the five-acre site before January 1, 1999 A borrow pit for drainage A landscaping plan CC: Sharyn Frazer MEMORANDUM TO: Sharyn Frazer DATE: January 26, 1999 FROM: Sheble McConnellogue SUBJECT: Novotny USR -1193 On December 9, 1999 I made a site visit to Mr.Novotny's site. A large 20-30 yard dumpster was on the west side of the property and they were cleaning up and relocating materials to the 5 acre area. I noticed some progress and I reiterated that it all needed to be cleaned up by the end of the year. I noticed batteries, and some drums that had unknown substances in it. He had plans to dispose of these the following Monday. We spoke again on 12/30. He had receipts for the drums, tires and other waste. He also had receipts for the recyclables he had sold. On January 11, 1999 Sheri Lockman and I visited the site. More progress had been made. We reminded him about the other requirements (waste handling plan, septic requirements, landscaping). There was still more to clean up and he requested more time. Sheri told him we needed to go through the violation process to do so. Mr.Novotny showed me many, many receipts to prove he has removed alot of waste and recyclables from his property. 9900} 6;9 VI-9700197, Gary & Mary Novotny ) f r x r ':r k..4 r r a s l �" 4 8 't1,„6,6+4t`t, x s.� mr Z r , s s m« � r5` �'r L'F.125 r �5 s u tt m..krf � t 3 n 5 4 xt- /c v zw “" r v '3' +•ri d r # ➢' �'F p � m� �r LP 9 c p4,5� $�.�£ t° - tit a� f ��a t . ! ,t"A 'killer, � j g ` "b 5 ;1"F+A xrC�x ,;.11“.94. P' of,",%7,1{�a ,1y_ »rN" r R� x r .„ s:tf. �°. s� 34 ,t ��is � �. ^,r4 '�§az.� s n L.; I q 70r (o n7 VI-9700197, Gary & Mary Novotny ill�" fi `xf 4 y n 4'1 s , a �r�� kt.,.., Ct� .t ?,3r' J Cu d tv ,it n'-'ITi dt.,tt ., , x i . 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Class: U-1 Construction Type: VN Zone Dist: AGRICULTURAL Parcel No: 1471 01 000038 0000011021596 egal Desc: 15028 IMPS ONLY MH NE4SW4 1 1 66 PEERLESS 73-PK019 17376 52 HWY FORT LUPTO 94 UBC Valuation: 13,832.00 PPLICANT WINTER MONTY Phone: 303-637-7997 17376 HWY 52, FT LUPTON, CO 80621 WNER WINTER MONTY Phone: 303-637-7997 17376 HWY 52, FT LUPTON, CO 80621 nimum Required Zoning Setbacks: N - 50 S - 4 E - 4 W - 4 Fee Summary Total Calculated Fee: 262.25 Additional Fees .00 Total Permit Fee 262.25 Total Payments 262.25 Balance Due . 00 NOTICE applicant, agents and employees shall comply with all the rules, restrictions and requirements of Weld County Zoning and ding Code Ordinances governing location, construction, demolition and erection of the above proposed work for which this permit ranted. The Building Official is authorized to order the immediate cessation of work at any time a violation of the adopted appears to have occurred. Violations of any codes or regulations may result in the revocation of this permit. dings must conform with the plans as submitted to the Building Inspection Department. Any changes to the plans or lay-out must approved prior to construction. Any changes in the use or occupancy of the building must be approved. ;hall be the duty of the property owner or the person doing the work authorized by this permit to notify the Weld County Building aection Department that such work is ready for inspection. permit shall expire by limitation and become null and void if the building or work authorized by this permit is not commenced iin 180 days from the date this permit is issued, or if the building or work authorized by this permit is suspended or abandoned any time after the work is commenced for a period of 180 days. Before such work can recommence a new permit shall be required the charge shall be 1/2 the fee under the current Weld County Building Inspection Fee Schedule provided that such suspension abandonment has not exceeded five (5) years. When suspension or abandonment has exceeded five (5) years, the permittee shall the full permit fee under the current fee schedule. d County is not liable for workmanship. Permits are not transferable. A a y\°,44 ! DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue WI Greeley, Colorado 80631 Ile Fa ne(9 (90) 3 -6312 0, Ext 3540 Fax (970) 352-6312 COLORADO March 5, 1998 Monty Winter 17376 Highway 52 Ft. Lupton, CO 80621 Violation Number: VI-9700185, NE4 SW4 of Section 1, Ti N, R66W of the 6th P.M., Weld County, Colorado. Dear Mr. Winter: The Weld County Department of Planning Services has closed the zoning violation case on your property. The noncommercial junkyard (including the derelict vehicles) has been removed from the property and/or adequately screened with existing fencing from surrounding property owners and road rights-of-way, therefore the violation no longer exists. If you were also issued a building code violation, you must comply with all building code regulations before the building code violation case can be closed. If you have any questions regarding a building code violation, please call the Department of Building Inspection at 353-6100 Extension 3525. Thank you for your cooperation in this matter. Sinc rely, Sharyn Fra er Zoning Compliance Officer pc: VI-9700185 99o49 Y- tr "Y €4" 1, I ,,.C. . , tr t H\ i 'syk . t A t , 41 Kt n i L, 1;. I • • ` ails i• ° /LA 41 ,, I -a • ,ill. ' 1 � , s , t° n � L �, •: �.� %' N: iv ' +r�x .' IA _ !' '' 1 4 I 'q$ �. 14.` y 5 ,1( 1` 4 'i} 1' 1� e;.nta ah a l t. I g r. + 4 y -44 .14P. 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