HomeMy WebLinkAbout961847.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST MARLA STITT 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, Marla Stitt, VI #9600116, 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 8th day of October, 1996, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, the property ower 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 of County Commissioners deems it advisable to delay referral of
said violation to the Weld County Attorney's Office for a period of two weeks to allow adequate
time for the property owner 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 individual without further Board action if the subject property is not brought into
compliance within two weeks.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that if said violation still exists on October 22, 1996, the Weld County
Attorney be, and hereby is, authorized to proceed with legal action against Marla Stitt 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.
961847
PL0824
��,: PM; (1/2; syt,7t
VIOLATIONS -VI #9600116 - STITT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of October, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
ogimisse WELD COUNTY, COLORADO E L N n Huh m ,
r cl, •' „ '`% Barbara J. Kirkmeyer, Chair
li ` ty Clerk to the Board�. i ;
orglE. Baxter, Pro-T m
it.....►. .eputy Cler So the Board
Dale K. Hall
V AS TO FORM: ' , ��, �r�/-
Constance L. Harbert
u ty A torney �) (2 J-J !W. HilvV,"
961847
PL0824
G
DATE: October 3, 1996
VIOLATION NUMBER: VI-9600116
NAME: Marla Stitt
ADDRESS: 4490 Yosemite Drive, Greeley, CO 80634
LEGAL DESCRIPTION: Lot 6, Block 4, West Hill-N-Park, Weld County, Colorado
PARCEL NUMBER: 095926323006
CASE SUMMARY:
June 20, 1996 Initial complaint received and referred to Julie Chester, Zoning
Compliance Officer.
June 21, 1996 Initial inspection of property. Property is not in compliance.
June 25, 1996 Five day compliance encouragement letter sent.
July 3, 1996 Progress inspection of property. Property is not in compliance.
July 8, 1996 Five day compliance encouragement letter resent to new property owner.
July 16, 1996 Progress inspection of property. Property is not in compliance.
July 17, 1996 Zoning Violation notice sent to property owner.
August 30, 1996 Progress inspection of property. Property is not in compliance.
September 3, 1996 Letter sent to the property owner indicating that the violation case was
scheduled before the Board of County Commissioners.
The noncommercial junkyard is still located on the property, therefore is a violation of Sections
32.6.2 and 32.6.3 of the Weld County Zoning Ordinance. To bring the property into compliance
the noncommercial junkyard must be removed from the property.
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.
961847
PERMITS Id: MISC120 Keyword: UACT User: GDUNN 10/07/96
Additional Notations for Inspection item: 00400 Violation
Permit No: VI-9600116 Owner: STITT, MARLA
Status : ISSUED Address : 4490 YOSEMITE DR HIL
Line Insp. Date Text
1 10/07/96 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE
2 10/07/96 WELD COUNTY ZONING ORDINANCE, SECTIONS 32 . 6 . 2 AND 32 . 6 . 3 .
3 10/07/96 THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME, HOWEVER A
4 10/07/96 LOT OF PROGRESS HAS BEEN MADE. A SHED HAS BEEN BUILT ON THE
5 10/07/96 EAST SIDE OF THE MOBILE HOME TO STORE THE ITEMS CONSIDERED
6 10/07/96 PART OF A NONCOMMERCIAL JUNKYARD. THESE ITEMS ARE STILL IN
7 10/07/96 THE BACKYARD AND ON THE WEST SIDE OF THE HOME. MARLA
8 10/07/96 INDICATED THAT SHE HAD THE FLU AND SO HAD THE REST OF THE
9 10/07/96 FAMILY SO THEY HAVEN'T FINISHED CLEANING UP THE YARD. THE
10 10/07/96 REST OF THE ITEMS WILL BE STORED WITHIN THE SHED IN THE NEXT
11 10/07/96 TWO WEEKS. A VIDEO WAS TAKEN OF THE PROPERTY.
12 10/07/96 JULIE CHESTER, ZONING COMPLIANCE OFFICER
Enter Option: A A=Add, C=Change, D=Delete, I=Inspect
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Comment Added O.K.
•
•
Kite t
DEPARTMENT OF PLANNING SERVICES
WIWD
PHONE (970)353-6100,EXT.3540
FAX (970)352-6312
C. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY,COLORADO 80631
COLORADO
September 3, 1996
Marla Stitt
4490 Yosemite Drive
Greeley, CO 80634
Subject: VI-9600116
Legal Description: Lot 6, Block 4, West Hill-N-Park, 2nd Filing, Weld County, Colorado
Dear Ms. Stitt:
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 8, 1996 at
10:00 a.m. to consider the Zoning 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
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.
If you have any questions concerning this matter, please call me.
Sincerely,
/J
Julie Chester
Zoning Compliance Inspector
pc: VI-9600116
PERMITS Id: MISC120 Keyword: UACT User: JCHESTER 09/03/96
Additional Notations for Inspection item: 00400 Violation
Permit No : VI-9600116 Owner: STITT, MARLA
Status : ISSUED Address : 4490 YOSEMITE DR HIL
Line Insp. Date Text
1 08/30/96 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE
2 08/30/96 WELD COUNTY ZONING ORDINANCE, SECTIONS 32 . 6 . 2 AND 32 . 6 . 3 .
3 08/30/96 THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE ARE
4 08/30/96 STILL LOTS OF USED BUILDING MATERIALS, JUNK, DEBRIS, ETC. ,
5 08/30/96 LOCATED ON THE PROPERTY. TO BRING THE PROPERTY INTO
6 08/30/96 COMPLIANCE THE NONCOMMERCIAL JUNKYARD MUST BE REMOVED FROM
7 08/30/96 THE PROPERTY.
8 08/30/96 JULIE CHESTER, ZONING COMPLIANCE OFFICER
0911-Zial
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Comment Added O.K.
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-6100,EXT.3540
C. FAX (I03) S
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
COLORADO GREELEY,COLORADO 80631
WELD COUNTY
ZONING VIOLATION NOTICE
July 17, 1996 Violation Number : VI-9600116
Marla Stitt
4490 Yosemite Drive
Greeley, CO 80634
Legal Description : Lot 6,Block 4, West Hill-N-Park, 2nd Filing, Weld County,Colorado
The uses on the above described property are being considered as a zoning violation of Section 32.6.2
and 32.6.3 of the Weld County Zoning Ordinance. This is not a use allowed in the R-5 zone district.
The violation can be corrected by removing the non-commercial junkyard, consisting of car parts, used
building materials and other miscellaneous junk, from the property.
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, 1996 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,
04,(,) &-
Julie Chester
Zoning Compliance Officer
pc: VI-9600116
PERMITS Id: MISC120 Keyword: UACT User: JCHESTER 07/17/96
Additional Notations for Inspection item: 00400 Violation
Permit No: VI-9600116 Owner: STITT, MARLA
Status : ISSUED Address : 4490 YOSEMITE DR HIL
Line Insp. Date Text
1 07/16/96 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE
2 07/16/96 WELD COUNTY ZONING ORDINANCE, SECTION 32 . 6 . 2 AND 32 . 6 . 3 .
3 07/16/96 THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THE
4 07/16/96 DERELICT VEHICLES HAVE ALL BEEN TAKEN CARE OF, HOWEVER
5 07/16/96 THERE IS STILL LOTS OF JUNK, CAR PARTS AND USED BUILDING
6 07/16/96 MATERIALS LOCATED ON THE PROPERTY. I MET WITH MARLA AT THE
7 07/16/96 TIME OF INSPECTION AND SHE INDICATED THAT THEY COULD FINISH
8 07/16/96 CLEANING UP THE PROPERTY WITHIN 30 DAYS. I TOLD HER I WOULD
9 07/16/96 SEND A VIOLATION NOTICE AND THEY WOULD HAVE 30 DAYS FROM THE
10 07/16/96 DATE OF THE NOTICE TO REMOVE THE NON-COMMERCIAL JUNKYARD
11 07/16/96 FROM THE PROPERTY.
12 07/16/96 JULIE CHESTER, ZONING COMPLIANCE OFFICER
Enter Option: A=Add,� Chan Del e, I=Inspect
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Comment Added O.K.
Kee
' 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
July 8, 1996
Mr. and Mrs. Stitt
4490 Yosemite Drive
Greeley, CO 80634
Subject: VI-9600116, Legal Description: Lot 6, Block 4, West Hill-N-Park, 2nd Filing,
Weld County, Colorado
Dear Mr. and Mrs. Stitt:
It has come to the attention of the Department of Planning Services' staff that the uses on your
property (4490 Yosemite Drive) 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 derelict vehicles and other miscellaneous materials in the R-5 zone
district.
Please call me within five working days of the date of this letter to review the concerns with me.
Sincerely,
atv
- / idA(
Julie Chester
Zoning Compliance Officer
pc: VI-9600116
SERVICE,TEAMWORK,INTEGRITY,QUALITY
PERMITS Id: MISC120 Keyword: UACT User: JCHESTER 07/08/96
Additional Notations for Inspection item: 00400 Violation
Permit No : VI-9600116 Owner: STITT, MARLA
Status : COMPLNT Address : 4490 YOSEMITE DR HIL
Line Insp. Date Text
1 07/03/96 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE
2 07/03/96 WELD COUNTY ZONING ORDINANCE. THE PROPERTY IS NOT IN
3 07/03/96 COMPLIANCE, HOWEVER NEW OWNERS HAVE PURCHASED THE PROPERTY.
4 07/03/96 I MET WITH MARLA STITT AT THE TIME OF INSPECTION AND WENT
5 07/03/96 OVER SOME OF THE CONCERNS ON THE PROPERTY. I WILL RESEND
6 07/03/96 THE FIVE DAY LETTER AND REINSPECT ON JULY 15, 1996 .
7 07/03/96 JULIE CHESTER, ZONING COMPLIANCE OFFICER
Oi‘.61 afteS/C'
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Comment Added O. K.
c(410 :,
rs
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
June 25, 1996
Virgil&Phyllis Noxon
4490 Yosemite Drive
Greeley, CO 80634
Subject: VI-9600116, Legal Description: Lot 6, Block 4, West Hill-N-Park, 2nd Filing,
Weld County, Colorado
Dear Mr. and Mrs. Noxon:
It has come to the attention of the Department of Planning Services' staff that the uses on your
property (4490 Yosemite Drive) 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 derelict vehicles and other miscellaneous materials in the R-5 zone
district.
Please call me within five working days of the date of this letter to review the concerns with me.
. Sincerely,
Julie Chester
Zoning Compliance Officer
pc: VI-9600116
SERVICE,TEAMWORK.INTEGRITY.QUALITY
PERMITS Id: MISC120 Keyword: AACT User: JCHESTER 06/25/96
Additional Notations for Inspection item: 00400 Violation
Permit No : VI-9600116 Owner: NOXON VIRGIL A & PHYLLIS N
Status : COMPLNT Address : 4490 YOSEMITE DR HIL
Line Insp. Date Text
1 06/21/96 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE
2 06/21/96 WELD COUNTY ZONING ORDINANCE, SECTIONS 32 . 6 . 2 AND 32 . 6 . 3 .
3 06/21/96 THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS A
4 06/21/96 NON-COMMERCIAL JUNKYARD LOCATED ON THE PROPERTY CONSISTING
5 06/21/96 OF DERELICT VEHICLES AND OTHER MISCELLANEOUS MATERIALS. TO
6 06/21/96 BRING THE PROPERTY INTO COMPLIANCE THE NON-COMMERCIAL JUNK-
7 06/21/96 YARD MUST BE REMOVED FROM THE PROPERTY. THE VIOLATION
8 06/21/96 CONCERNING THE VEHICLES CAN ALSO BE CORRECTED BY HAVING
9 06/21/96 CURRENT LICENSE PLATES AND IF THE VEHICLES WERE LEGALLY
10 06/21/96 DRIVEABLE ON A PUBLIC RIGHT OF WAY.
11 06/21/96 JULIE CHESTE/ZONING COMPLIANCE OFFICER
�� / & _ _
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Comment Added O.K.
Permit No VI-9600116 DATA SHEET Page: 1
COMPLAINT 06/25/96 15:47
Data: Full Description
Description: DERELICT VEHICLES IN R-5 ZONE DISTRICT (NCJY)
Data: Process Tables
Screen No: 01
Base Information
Parcel No: 0959 26 323006 1 02
Owner: NOXON VIRGIL A 8 PHYLLIS N
Status: COMPLNT Written By: JAC Sec/Twn/Rng: 26 05 66
Description: DERELICT VEHICLES IN R-5 ZONE DISTRICT
Location: 4490 YOSEMITE DR., HILL-N-PARK
Zoning Dist: R-5
App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi")
Class Code: VI-2
Noncommercial Junkyard
Complaint: 06/20/1996 Init: JAC NO VI: 00/00/0000 Init:
5 Day Letter: 06/25/1996 Init: JAC
Issued: 00/00/0000 Init:
Inspection: 06/21/1996 Init: JAC
BCC Vio: 00/00/0000 Init:
Court: 00/00/0000 Init:
Closed BCV: 00/00/0000 Init: Closed VI: 00/00/0000 Init:
Screen No: 02
Zoning Information
Parcel No :0959 26 323006 1 02
Legal Descr:2WHP4-6 IMPS ONLY MH L6 BLK 4 WEST HILL N PARK BROUGHM- 85 I
Owner Name :NOXON VIRGIL A 8 PHYLLIS N Date:00/00/0000 Verified:
Setbacks N: S: E: W: Req by Zoning Sec Twn Rng:26 05 66
Notes:
Zoning Dist: Acres .00
** 1=Yes, 2=No, 3=Appr/Cond Met, 4=Appr/Cond Not Met **
Legal Lot 1 Site Plan Review SPR
Prior to Zoning Yr 1 Board of Adjustment BOA
s 80 Acres 1 Non-Conforming Use NCU
Rec Exemption RE 1 Flood Hazard Dev FHDP
Sub Exemption SE 1 Geological Hazard GHP
Use Spec Review USR 1 Accessory Dwelling ZPAD
Planned Unit Dev PUD 1
Subdivision S 1
Change of Zone COZ 1 Violation VI
Screen No: 03
Violation Letter Text
Use this screen to add text to be merged with violation letters.
For all letters - Dear... :Mr. and Mrs. Noxon, include ',')
For all letters - My Name: Julie Chester
My Title:Zoning Compliance Officer
Class Desc:non-commercial junkyard
Permit No VI-9600116 DATA SHEET Page: 2
COMPLAINT 06/25/96 15:47
Data: Process Tables Continued...
For Case Summary - To bring property into compliance...
the non-commercial junkyard in the R-5 zone district is not a
use alloue and must be removed from the property
Data: People
OWNER NOXON VIRGIL A 8 PHYLLIS N 06/25/96
4490 YOSEMITE DR
GREELEY CO
80634
Data: Conditions
Data: Comments
Data: Inspections
Item: 00404 TELEPHONE CALL Dept: Division:
Item: 00405 LETTER Dept: Division:
06/25/1996 JAC Action: VI 5 DAY LETTER SENT Time: 00:00
Item: 00400 SITE INSPECTION Dept: Division:
06/21/1996 JAC Action: VI INITIAL INSPECTION Time: 00:20
Data: Approvals
Item: 00001 Building Department Dept: BUILDING Division:
Item: 00002 Planning Department Dept: PLANNING Division:
Data: Locks, Holds, Notices
Data: Addresses
4490 YOSEMITE DR HIL
06/25/96
Data: Parcels
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PERMITS Id: ASSR100M Keyword: @ASSRD User: JCHESTER 06/25/96
Parcel General Information Maintenance
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❑ General Parcel Data Maint - Action: Inspect a Record ❑
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❑ Parcel No: 0959 26 323006 1 02 Rg Ts Sec : 660526 ❑
❑ ❑
❑ Status : A Active Retired(Y/N) : N ❑
❑ Street Address : 4490 Dir: St : YOSEMITE DR City: HIL ❑
❑ Situs Location: 4490 YOSEMITE DR HILL N PAR ❑
❑ Legal Desc : 2WHP4-6 IMPS ONLY MH L6 BLK 4 WEST HILL N PARK ❑
❑ Acres : . 00 ❑
❑ X-COORD:
p
❑ Y-COORD:
❑ Tax Rate Area: 0608 ❑
❑ Assr Use Code : 2684686 Assessed/Exempt : ❑
❑ Pub Owned (Y/N) : N ❑
❑ Primary Owner: NOXON VIRGIL A & PHYLLIS N Phone : ❑
❑ Mailing Addr: 4490 YOSEMITE DR ❑
❑ GREELEY CO ❑
❑ Zip: 80634 ❑
❑ Contract Owner: Percent/Ownership : . 00 ❑
aeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeY
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PERMITS Id: ASSR100D Keyword: C@ASSRD User: JCHESTER 06/25/96
Parcel Legal Description Maintenance
66e66e6ee6eee66eeee6666e6eeeee6ee66e66eeee66e66e6eeee6666ee6e6e6eeee66eeeeee66e£
❑ Parcel Legal Description - Action: Inspect Page : 1 ❑
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❑ 2WHP4-6 IMPS ONLY MH L6 BLK 4 WEST HILL N PARK ❑
❑ BROUGHM- 85 IDFL2AF021308325 & IDFL2BF021308325 ❑
❑ LAND WEST HILL N PARK INC ❑
❑ 4490 YOSEMITE DR HILL N PAR ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
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❑ Parcel : 0959 26 323006 1 02 Use : 2684686 Owner: NOXON VIRGIL A & PHYLLIS ❑
❑ Situs : 4490 YOSEMITE DR HILL N PAR Acres : ❑
❑ Legal : 2WHP4-6 IMPS ONLY MH L6 BLK 4 WEST HILL N PARK
a666ee6eeeeeee66eeeeeeeeeeee6ee66eeeeeeeeee6eeeeeeeeeeeeeeeeeee6eeee66ee6e666eeY
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41
DEPARTMENT OF PLANNING SERVICES
We*gik
IWDCOMPLAINT REPORT c.
COLORADO
'ZONING COMPLAINT Complaint Initiated by:
o BUILDING CODE COMPLAINT / a Staff rtitizen ❑ Other
LEGAL DESCRIPTION: 00/y �%� 8/k_ G�
VIOLATION ADDRESS: Ziff / () ta-e-49i-c--V---/ - Liff
p
Parcel# 0 S7 O G 3 z 3 h 1 ATTACH COP OF
/
Property Owner's Name: n V , ^ P jt EED
rIP # y� /cam
Property Owners Address: ? / U Xi-e��'(�r 7—' / -di
Tenants Name and Mailing Address:
NATURE OF COMPLAINT:, / Dt--Q A y vj t cJ (� E-.c
J/l� �jf -C�.e
Zoning Complaint Referred To: l • Date: r!// /9
Building Code Complaint Referred To: Date:
Case Assigned To: C Ili Date: /9/3- /9
ACTION OF INVESTIGATOR: Date of Inspection: /g/ 1/ en,
Inspection of property indicates:
❑ No violation of the Weld County ❑Zoning / ❑ Building Code Ordinance
Referred to: on
❑ No violation of the Weld County ❑Zoning / ❑ Building ode Ordinance
, p M[ations of the following Sections of thet> g o9 -et, • . 3 Z . (a - 3
❑Building Code Ordinance
ACTION ON COMPLAINT: o No Action Taken/No Violation ration File Started
Date Date
CASE REVIEWED BY SUPERVISOR Date
SUPERVISORS COMMENTS
NOTE: Attach all pertinent information and facts disclosed by investigation to this form.
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