HomeMy WebLinkAbout952119.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST SELUSTRIANO AND MARINA SALAZAR 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, Selustriano and Marina Salazar, VI#2221, 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 10th day of October, 1995, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Agnes Mijales, the property owners' daughter and representative, was present
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 legal action until December 1, 1995, to allow
adequate time for the property owners 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 individuals without further Board action if the subject property is not brought into compliance
by December 1, 1995.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that if said violation still exists on December 1, 1995, the Weld County Attorney
be, and hereby is, authorized to proceed with legal action against Selustriano and Marina Salazar
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.
952119
PL0824
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VIOLATIONS -VI #2221 - SALAZAR
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of October, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
, , ,r,-�� �a\ Dale K. Hall, Chairman
°\kYl9 &,q4Frtjt4Clerk to the Board
i'�1 FXCI ISFID DATE DE SIfNINr;Pro-Tern (AYF)
k jy'v�uuU,� Barbara J. Kirkmeyer, Pro-Tern
BY: '
Deputy Cler o the Board "Z .
eorge Eaxter
APP AS TO FORM: (leijf e,.€--MVI,�
Constance L. Harbert 9
C orney Ii / c // // ,/, ,
W. H.Webster
952119
PL0824
Mkt
WE`D . Inspection Report
COLORADO
NAME: Selustriano and Marina Salazar
LEGAL DESCRIPTION OF PROPERTY: Lot 2, Lundgren Subdivision of Lot 3,
NW4/NW4 of Section 4, Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
DATE OF INSPECTION: October 9, 1995
CASE NUMBER: VI-2221
The property was inspected to determine compliance with section 32.1 of the Weld County
Zoning Ordinance. The property is not in compliance at this time. There is still a
noncommercial junkyard located on the property. It consists of miscellaneous trash, tires, and
wood. There is also one derelict car located on the property. The property owner did tell me that
he will keep the derelict car in his garage or sell it. There is still one mobile home located on the
property. The property owner did say that he is trying to get the mobile home owner to remove
it. To bring the property into compliance the noncommercial junkyard needs to 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 before installation. To bring the
property into compliance regarding the mobile home, the mobile home needs to be removed. Mr.
Salazar's property is zoned Residential-1 this makes mobile home's presence incompatible with
the zoning.
Susan McMullen
Zoning Inspector
pc: VI-2221
ssilic
DATE: September 26, 1995
VIOLATION NUMBER: VI-2221
NAME: Selustriano and Marina Salazar
ADDRESS: 106 N. 1st Avenue
Greeley, Co. 80631
LEGAL DESCRIPTION: Lot 2, Lundgrens Subdivision of Lot 3 NW4/NW4 of Section 4,
Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado
CASE SUMMARY:
August 3, 1995 Complaint made and assigned to Julie Chester.
August 3, 1995 Property inspected. Property is in violation.
August 9, 1995 Five-Day compliance encouragement letter sent.
August 10, 1995 Telephone conversation between Susan McMullen and Agnes Mijares. I
arranged to meet Ms. Mijares and Selustriano Salazar on the property for
an inspection.
August 11, 1995 Property Inspected with owner. Property in violation.
August 18, 1995 Property inspected. Property is in violation.
August 21, 1995 Zoning Violation notice sent.
September 22,1995 Property inspected. Property is in violation.
September 25, 1995 Letter sent to property owner indicating that the violation case was
scheduled before the Board of County Commissioners.
The noncommercial junkyard is a violation of Section(s) 32.1 of the Weld County Zoning
Ordinance. To correct the violation a screening plan must be submitted and approved by the
Department of Planning Services before installation or the noncommercial junkyard must be
removed from the property. The mobile home without a Zoning permit is a violation of Section
32.1 of the Weld County Ordinance. To correct the violation the mobile home needs to be
removed.
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.
952119
ri DEPARTMENT OF PLANNING SERVICES
1Pes
PHONE (303)353-6100, EXT.3540
FAX, (303)352-6312
Y
WELDCOUNTGREELEINISTRATIVE OFFICES
40CNLOTHAVEN8063E
COLORADO
September 25, 1995
Selustriano and Marina Salazar
106 N. 1st Avenue
Greeley, CO. 80631
Subject : VI- 2221
Legal Description: Lot 2, Lundgrens Subdivision of Lot 3, NW4/NW4 of Section 4, Township 3
North, Range 65 West of the 6th P.M., Weld County, Colorado
Dear Selustriano and Marina Salazar:
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 October 10, 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 October 9, 1995.
If you have any questions concerning this matter, please call me.
Sincerely,
Susan McMullen
Zoning Inspector
pc: VI-2221
952119
Inspection Report
wok
COLORADO
NAME: Selustriano and Marina Salazar
LEGAL DESCRIPTION OF PROPERTY: Lot 2 Lundgrens Subdivision of Lot 3,
NW4/NW4 of Section 4, Township 5 North,
Range 65 West, of the 6th P.M. , Weld County,
Colorado
DATE OF INSPECTION: September22 1995
CASE NUMBER: VI-2221
The property was inspected to determine compliance with section 32.1 of the Weld County
Zoning Ordinance. The property is not in compliance at this time. There is still a noncommercial
junkyard and a mobile home without permits located on the property. There has been significant
clean up done on the property and one mobile home has been removed.
fiztaft
-Susan McMullen
Zoning Inspector
pc: VI-2221
952119
I DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-6100,EXT.3540
FAX (303)352-6312
O WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
COLORADO GREELEY,COLORADO 80631
WELD COUNTY
ZONING VIOLATION NOTICE
August 21, 1995 Violation Number : VI-2221
Selustriano and Marina Salazar
106 North 1st Avenue
Greeley,Colorado 80631
Legal Description : Lot 2,Lundgrens Subdivision of Lot3,NW4/NW4 of Section 4, Township 5N,
Range 65W, of the 6th P.M.,Weld County,Colorado
The uses on the above described property are being considered as a zoning violation of Section 32.1 of
the Weld County Zoning Ordinance. The non-commercial junkyard, the two mobile homes, and the tree
service business are not uses allowed by right in the Residential-1 (low density residential)zone
district.
The violation can ke corrected by removing the tree service vehicles and the mobile homes. The non-
commercial junk yard violation can be corrected by removing it or screening it. If screening is the option
of choice a screening plan must be submitted,reviewed and approved by the Department of Planning
Services.
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 August 21, 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 Attomey'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
Susan cMullen
Zoning Inspector
A
pc:VI-2221 c%)\
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952 1/9
f&Arm •
Inspection Report
COLORADO
•
NAME: Selustriano and Marina Salazar
LEGAL DESCRIPTION OF PROPERTY: Lot 2, Lundgren Subdivision of Lot 3,
NW4/NW4 of Section 4, Township 5N, Range
65W, of the 6th P.M., Weld County, Colorado
DATE OF INSPECTION: August 18, 1995
CASE NUMBER: VI-2221
The property was inspected to determine compliance with section 32.1 of the Weld County
Zoning Ordinance. The property is not in compliance at this time. The non-commercial
junkyard, the tree service vehicles, and the mobile homes are still on the property. There has been
an attempt to clean up some of the non-commercial junkyard. The property owner did tell me
that he was attempting to contact the owners of the mobile homes and the tree service vehicle to
have them remove their property. I was contacted by Larry Mathena, the owner of the tree
service vehicle. I did tell him that [would talk to my supervisor about the possiblity of getting a
business permit. I did talk to Keith Schuett about the case and was told that Residential-1 (low
density residential) was not compatible with Mr. Methana's use. I did attempt to call Mr.
Methana and inform him that he would have to remove his tree service, I did leave a message for
him. I did talk toMr. Selustriano and did inform him the that the zoning for his property is
Residential-1 (low density residential) not Agricultural and was originally discussed.
Susan McMullen
Zoning Inspector
pc: VI-2221
9U
,
5�r•
952113
Mot4tri
Inspection Report
COLORADO
NAME: Selustriano and Marina Salazar
LEGAL DESCRIPTION OF PROPERTY: Lot 2, Lungrens subdivision of Lot 3,NW4/NW4
of Section 4, Township 5N, Range 65w, of the
6th P.M., Weld County, Colorado
DATE OF INSPECTION: August 11, 1995
CASE NUMBER: C-95-90
The property was inspected to determine compliance with section 31.2, 31.3.9, 31.2.16 and
Section 43 of the Weld County Zoning Ordinance. The property is not in compliance at this
time. At the request of the property owner I did meet with the owner on the property. I did do an
inspection with the property owner, I did explain to the property owner the zoning violations
occurring on his property. This included two mobile homes without permits, one tree service
truck and various pallets, metal parts, tires, and other miscellaneous junk. I did explain to the
property owner that the junk on his property could be screened and that a screening plan could
be submitted to planning services. I did also explain that permits and a USR could be applied for
from planning services. Mr. Salazar did say that he would make efforts to clean his property and
contact the owners of the tree service truck and the mobile homes.
Susan McMulleni�2�
Zoning Inspector
952 19
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
CITIZEN INQUIRY FORM
1400 N. 17TH AVENUE, GREELEY, CO 80631
PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312
IrrELEPHONE ❑ OFFICE ��FIRST INQUIRY? ❑ YES ❑ NO DATE: U?'/0 r! 5
NAME: //!//7GS /mot act bee s PHONE: 35�_ OS'Z
ADDRESS: /06 / Sf
TYPE OF INQUIRY:
p MHZP ❑ SKETCH PLAN p MINOR SUB SKETCH PLAN
❑ ZPMH ❑ PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT
O RE p FINAL PLAT ❑ ZONING
❑ AMENDED RE ❑ RESUBDIVISION U ADDRESSING
p SE ❑ FHDP ❑ BUILDING PERMIT
❑ AMENDED SE ❑ GHDP ❑ SETBACKS/OFFSETS
❑ SITE PLAN REVIEW ❑ USR p HOME OCCUPATION
❑ REZONING ❑ AMENDED USR Iy-VIOLATION
❑ PUD SKETCH PLAN ❑ USR MINING ❑ OTHER
❑ PUD DISTRICT ❑ USR MAJOR FACILITY ❑
❑ PUD FINAL PLAT ❑ USR DISPOSAL SITE ❑
PERSONNEL
❑ Keith Schuett p Shani Eastin ❑ Gloria Dunn ❑ Todd Hodges
❑ Chris Goranson .'Susan McMullen ❑ Ed Stoner ❑ Roger Vigil
U Ken Schlueter ❑ ❑ ❑
ITEMS DISCUSSED:
/crot7 1 A/u /�? r s fv/ rn c� ia6
(7/+ D fr /i 9 S fv /4 1/ce css C1— /7 4 re, f.' /as9
Time Spent Staff Members Initials 1+C
citizen
952119
DEPARTMENT OF PLANNING SERVICES
O PHONE (303)353-6100,EXT.3540
FAX (303)352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
• 1400 N. 17TH AVENUE
COLORADO GREELEY,COLORADO 80631
August 9, 1995
Selustriano and Marina Salazar
106 1st Avenue
Greeley, CO 80631
Subject: C-95-90, Legal Description: Lot 2, Lungrens subdivision of Lot 3,NW4/NW4 of
Section 4, Township 5N, Range 65W, of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Salazar:
It has come to the attention of the Department of Planning Services' staff that the uses on your
property (106 1st 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 miscellaneous junk, a mobile home without the proper permits and a business use located on
the property.
Please call me within five working days of the date of this letter to review the concerns with me.
Sincerely,
&cM2 ��� 4 AC CoZoning Inspector `
pc: C-95-90 /00 2O
•
A — �.�__, 9"1
SERVICE.TEAMWORK,INTEGRITY,QUALITY
952119
acaTiii . Inspection Report
COLORADO
NAME: Selustriano and Marina M. Salazar
LEGAL DESCRIPTION OF PROPERTY: Lot 2, Lungrens Subdivision of Lot 3,
NW4/NW4 of Section 4, Township 5N, Range
65 W, of the 6th P.M., Weld County, Colorado
DATE OF INSPECTION: August 3, 1995
CASE NUMBER: C-95-90
The property was inspected to determine compliance with section 31.2, 31.3.9, 31.2.16 and
Section 43 of the Weld County Zoning Ordinance. The property is not in compliance at this
time.
There is miscellaneous junk located on the property consisting of barrels, building materials and
other junk, there is a mobile home without the proper permits, and there is the appearance of a
Tree Service (Greeley Tree Service), located on the property. These are not uses allowed by
right. To bring the property into compliance the junk would need to be removed, the mobile
home would need to be removed or the proper permits applied for and approved, and the
business use must be removed from the property.
_ Four photographs were taken at the time of inspection.
Julie Chester
Zoning Inspector
952119
PARC TP : R PARCEL INQUIRY AST YR: 1995 ATIIN022
PIN: 2764186 PARC: 096104201002 LAST UPDATE: 07/23/1993
SALAZAR SELUSTRIANO & MARINA M ACTIVE ON: 09/16/1986
INACTIVE ON: / /
MAP# : 1481
106 1 AVE
GREELEY CO 80631
TAX AREA 0684 . 084766 1994
DATE LAST ASSESS 04/21/1995
LAST ASSESS LAND 1390
LAST ASSESS BLDGS 3230
TOTAL LAST ASSESS 4620 1112 1370
PRIOR YEAR ASSESS 5170 TOT LAND 1370
REC DT DEED TP
NUMBER WOL
DOC FEE 0 . 00
1212 3190
12124 L2 LUNGRENS SUB OF L3 NW4NW4 4 5 65 TOT BLDGS 3190
%106 1 AV% TOTAL VALUE 4560
PF3 : PROFILE PFS :LEGALS PF7 :NEXT PARCEL PF11 :MENU
PF4 : OWNERS PF6 :DOC HIST PF10 :PLOC PF12 :REAL
MESSAGE :
ti1./ .
771
I
952119
WE : _ _ ASSESSJa/ TREASUREi ALLIBR09=
PROPERT'. ,OCATOR BY OWNER NAME
R 095902217003 1832786 ACTIV 09/16/1986 INACTIV / /
SALAZAR SANDRA 4619 W 1 ST GREELEY
R 096321201022 4131786 ACTIV 09/16/1986 INACTIV / /
SALAZAR SECUNDINO R & MAR 135 2 ST KERSEY
R 096104201002 2764186 ACTIV 09/16/1986 INACTIV / /
SALAZAR SELUSTRIANO & MAR 106 1 AV . GREELEY
e`c 353 -is&&
R 080536103016 1388486 ACTIV 09/16/1986 INACTIV / /
SALAZAR SOCCORRO CASTILLO 1415 N 25 AV GREELEY SP
R 080536103017 1388586 ACTIV 09/16/1986 INACTIV / /
SALAZAR SOCCORRO CASTILLO 1415 N 1/2 25 AV WELD
R 095914205012 2499186 ACTIV 09/16/1986 INACTIV / /
SALAZAR STEVEN A & CYNTHI 4110 W 22 ST GREELEY
PF1 :SELECT PF7 :BACK PFB :CONT PF9 : RESTART PF10 :PARC PF11 :REAL PF12 :MENU
MESSAGE:
952119
Cto
DEPARTMENT OF PLANNING SERVICES
tigge COMPLAINT REPORT •fi .
COLORADO
rZONING COMPLAINT Complaint Initiated by:
❑ BUILDING CODE COMPLAINT o Staff o--Citizen o Other
LEGAL DESCRIPTION: / 2 / -2 cf .2-C+ 2 Lt^'�!r'£ ,IS S� j " (�3 tic.a/Nw�/
J �_N
VIOLATION ADDRESS: /b 6-9 l CI `AAL'�GLttiC� �'�( S t.,0
Parcel# 0 441 0 5/Zo/v c •2— ATTACH COPY OF DEED
Property Owner's e: � ' Q P -�-i Phone # / /'
Property Owners Address: /G lr /.� �,t' u 4/ ' ;'�4te LG ( "/0
Tenants Name and Mailing Address: J
NATURE OF COMPLAINL C,
)u�,i3ar (ti Vrn1F
/1Z C c-LA-r--a t -3 7 - 9`7/2-
Zoning Complaint Referred To: /ti-1 t c-2,-+ G p Date: O / 0
Building Code Complaint Referred To: Date:
Case Assigned To: Date:
ACTION OF INVESTIGATOR: Date of Inspection: 0 /3/Q5
Inspection of property indicates:
o No violation of the Weld County o Zoning / o Building Code Ordinance
Referred to: on
o No violation of the Weld County ❑Zoning / o Building Code Ordinance
a- iolations of the following Sections of the wtoning 3/ • Z 31 • 3 9
❑Building Code Ordinance
ACTION ON COMPLAINT: o No Action Taken/No Violation o Violation File Started
Date Date
CASE REVIEWED BY SUPERVISOR • Date
SUPERVISOR'S COMMENTS
NOTE. Attach all pertinent information and facts disclosed by investigation to this form.
952119
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