HomeMy WebLinkAbout951636.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST JOSEPH L. AND IDA M. DURAN 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, Joseph L. and Ida M. Duran, VI #2201, 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 8th day of August 1995, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,Joseph L. and Ida M. Duran, property owners, were not present or represented
at said hearing, although all parties were notified of said hearing by Department of Planning
Services staff, and
WHEREAS, upon recommendation of staff, 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 sixty
days to allow adequate time for the property owners to submit, have approved and complete a
screening plan 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
within sixty days.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that if said violation still exists on October 10, 1995, the Weld County Attorney
be, and hereby is, authorized to proceed with legal action against Joseph L. and Ida M. Duran 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.
951636
C C : /9t; (7 ' Jitrar? PL0824
VI #2201 - DURAN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of August, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
0 a �� D COUNTY,
r«, Dal K. Hall, Chairman
- � Clerk to the Board i � /1
4 1/4 1/4 .
aa J. Kirkmeyey, ro-Tem
eputy Cler o the Board arba
v
. ge�E. Baxter
APPROV AS TO FORM: £L
Constance L. Harbert
o my Attorn y (
W. H. Webster
1251636
PL0824
-961626
DATE: August 4, 1995
VIOLATION NUMBER: VI-2201
NAME: Joseph L. and Ida M. Duran
ADDRESS: 2149 Mathews Avenue, Ft. Lupton, CO 80621
LEGAL DESCRIPTION: lot 6, Block 3, Country Estates #2, Weld County, Colorado
CASE MMARy:
June 6, 1995 Complaint made and assigned to Julie Chester.
June 7, 1995 Inspection report. Property is in violation.
June 12, 1995 Five-day compliance encouragement letter sent to the property owner.
June 15, 1995 Telephone conversation with Mr. Duran.
June 20, 1995 Inspection report. Property is still in violation.
June 21, 1995 Zoning violation notice sent to the property owner.
July 21, 1995 Inspection report. Property is still in violation.
July 24, 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) 31.2 and 31.3.9 of the Weld County
Zoning Ordinance. To correct the violation the noncommercial junkyard must be removed from
the property or completely screened from all adjacent properties and public rights of way.
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 person
claiming an interest in the properties, and any persons acting in active concert with the
identified parties.
9
51635
DEPARTMENT OF_PLANNINC SERVICES
' PHONE (303)353-6100, EXT.3540
FAX (303)352-6312
O WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 50631
July 24, 1995
Joseph L. and Ida M. Duran
2149 Mathews Avenue
Ft. Lupton, CO 80621
Subject: VI- 2201, Legal Description: Lot 6, Block 3, Country Estates 42, Weld County,
Colorado
Dear Mr. and Mrs. Duran:
The property referenced above remains in violation of the Weld County Zoning Ordinance. Z
have scheduled a meeting with the Board of County Commissioners on August 8, 1995 at
10:00 a.m. to consider theZoning 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 August 7, 1995.
If you have any questions concerning this matter, please call me.
Sincerely, r
Julie Chester
Zoning Inspector
P.C. 2201
SIPRVICF TEAMWORK,IN91'61(1'1'Y,QUALITY
951636
*-4((ncr
wilge Inspection Report
_COLORADO
NAME: Joseph L. and Ida M. Duran
LEGAL DESCRIPTION OF PROPERTY: Lot 6, Block 3, Country Estates #2, Weld
County, Colorado
DATE OF INSPECTION: July 21, 1995
CASE NUMBER: VI-2201
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 a non-commercial junkyard located on the property consisting of derelict vehicles
and a bus. I met with Mr. Duran at the time of inspection and he has made significant progress in
getting his property into compliance. He still has some cars and a bus he is eithergoing to sell,
scrap or store in his garage.
Nophotographs were taken at the time of inspection.
L
d1
Julie Chester
Zoning Inspector
;951.636
IC
DEPARTMENT OF PLANNING SERVICES
11111 PHONE (303)353-6100, EXT.3540
FAX (303)352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
WELD COUNTY
ZONING VIOLATION NOTICE
June 21, 1995 Violation Number : VI-2201
Josephl,. and Ida M. Duran _
2149 Mathews Avenue
Ft. Lupton, CO 80621
LegalDescription : Lot 6, Block 3, 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. This is not a use allowed by right in the Agricultural zone
district.
The violation can be corrected by removing the derelict vehicles from the property or properly screening
them from all adjacent properties and public rights of way.
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 June 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 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
�ct2-t—; oil S
Julie Chester
Zoning Inspector
pc:
951.636
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A x,.iiitc:4) AME Joseph'L and Ida M.Duran
' LEGAL DESCRIPTION OF PROPERTY: Lot 6, Block 3, Country Estates #2, Weld
County, Colorado
DATE OF INSPECTION: June20, 1995
CASE NUMBER: VI-2201
The property was inspected to determine compliance with section 31.2 and 31.3.9of the Weld
County Zoning Ordinance. The property is not in compliance at this time.
I did not speak to Mr. Duran atihe time of inspection,but did speak to him on the phone on June 15,
1993. He said he would like to build afence and put his derelict vehicles within- he screened area.
I told him that would be fine, but he would first need to submit a detailed screening plan to the
Department of Planning for approval before installing. He agreed to this. At the time of inspection,
the non-commercial junkyard was still located on the property without proper screening from ell
adjacent properties and public rights of way.
No photographs were at taken atthe time of inspection.
C G AP 0 - ` eCA
Julie Chester
Zoning Inspector
951635
ry s_.J LU :NlY DEP ''MENT OF PLANNING SERVICES' CUT: ,N INQUIRY FORM
1400 NORTH. 17TH AVENUE, GREELEY, COLORADO 80631
PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978
2-1-ELEPHONE 0 OFFICE FIRST INQUIRY? Q-"YES 0 NO DATE: 6/ 5/%s
NAME: /qr .. A Cc(-ct , It PHONE : C , d /9/
ADDRESS: Y
TYPE OF INQUIRY s
❑ MHZP 0 SKETCH PLAN ❑ MINOR SUB SKETCH PLAN
❑ ZPMH 0 PRELIMINARY ELAN 0 MINOR SUB FINAL PLAT
❑ RE 0 FINAL PLAT 0 ZONING
❑ AMENDED -RE 0 RESUBDIVISION 0 ADDRESSING
❑ SE 0 FHDP 0 BUILDING PERMIT
❑ AMENDED SE 0 GHDP 0 SET-BACKS/OFFSETS
❑ SITE PLAN REVIEW 0 USR 0 HOME OCCUPATION
❑ REZONING 0 AMENDED USR -Cr-VIOLATION
❑ PUD SKETCH -PLAN 0 USR MINING 0 OTHER
❑ PUD DISTRICT 0 USR MAJOR FACILITY ❑
❑ PUD FINAL PL-AT 0 USR DIISROSAL SITE 0
PERSONNEL
❑ Keith Schuett 0 Greg Thompson ❑ Gloria Dunn 0 T d Hod Res
❑ Sharon White 0 Barry Kramer 0 Chuck Cunliffe ( J -�
ITEMS DISCUSSED: tt —
AVAILABLE OPTIONS: l `./n�p �C�;, Ae4,t-e-v-e
CONCERNS:
ACTION TO BE TAKEN:
Time spent /(.,) ,/it.t-ito Staff Member' s Initials'
951636
(r1S4i-- :,
DEPARTMENT OF PLANNING SERVICES
ElkPHONE (303)353-6100, E 52-6312
FAX (303)352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
June 12, 1995
Joseph L. and Ida M. Duran
2149 Mathews Avenue
Ft. Lupton, CO, 80621
Subject: C-95-58, Legal Description: Lot 6, Block 3, Country Estates42, Weld County,
Colorado
Dear Mr.and Mrs. Duran:
It has.come to the attention of the Department of Planning Services' staff that the uses on your
property (2149 Mathews 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 several derelict vehicles located on the property.
Please call me within five working days of the date of this letter to review the concerns with me.
incere y,
Julie Chester
Zoning Inspector
pc: C-95-58
SERVICE,TEAMWORK,INIT(iRITY,QUALIFY
95163 i
ct.
Inspection Report
o
C4I
y
COLORADO
•
NAME: Joseph L. and Ida M. Duran
LEGAL DESCRIPTION Or PROPERTY: Lot 6, Block], Country Estates #2, Weld
County, Colorado
DATE OF INSPECTION: June 7, 1995
CASE NUMBER: C-95-58
The property was inspected-to determine compliance withsection 31.2, 31.3.9 of the Weld
County Zoning Ordinance. -The property is not in compliance at this time.
A non-commercial junkyard is located on the property described above. The non-commercial
junkyard consists of many derelict vehicles and a bus. I spoke to Mr. Duran at the time of
inspection and he indicated to me that he would get the property cleaned up and put current
license platesnnsome of the vehicles that run. To bring the property into compliance all_derelict
vehicles need to be removed from the property or totally screened from all adjacent properties
and public rights of way. If the screening option is chosen, a detailed screening plan must be
submitted and approved by the Department of Planning Staff before the screening is installed.
Three photographs were taken of the derelict vehicles.
C114,64.; eh.,)(---C-c,
Julie Chester
Zoning Inspector
951636
JARC 12 : R PARCEL INQUIRY ASSMT "R: 19-95 ATIIN022
PIN: 6255186 PARC: _ _71-2330200E ST UPDATE : 08/28/1991
DURAN JOSEPH L & IDA M ACTIVE ON: 09/16/1986
INACTIVE ON: / /
MAP# : 1459
2149 MATHEWS AV
FT LUPTON CO 80621
TAX AREA 0319 . 069712 1994
DATE LAST ASSESS 04/21/1995
LAST ASSESS LAND 3070
LAST ASSESS BLDGS 8500
TOTAL LAST ASSESS 11570 1112 30-70
PRIOR YEAR ASSESS 9-730 TOT LAND 3070
REC DT DEED TP
NUMBER WOL
DOC FEE 0 . 00
1212 78500
2CE3-6 L6 BLK3 COUNTRY ESTATES #2 TOT BLDGS 8500
%2149 MATHEW AV% TOTAL VALUE 11570
PF3 : PROFILE PF5 :LEGALS PF7 :NEXT -PARCEL PF11 :MENU
PF4 : OWNERS PF6 : DOC HIST PF1O : PLOC PF12 :REAL
MESSAGE:
951.636
WELD Cc"'NTY ASSESSOR/TREASURER ATIBR091
PROPERTY L. ATOR BY OWNER NAME
R 096105221010 2790986 ACTIV 09/16/1986 INACTIV / /
DURAN JOSE M 1003 4 ST GREELEY
R 147123302006 6255186 ACTIV 09/16/1986 INACTIV / /
DURAN JOSEPH L & IDA M 2149 MATTHEWS AV COUNTRY ES
R 096106116005 2873186 ACTIV 09/16/1986 INACTIV / /
DURAN LEROY & PAULINE A 218 16 AV GREELEY
R 105506209001 4336086 ACTIV 09/16/1986 INACTIV / /
DURAN LORETTA J CASSELLS 301 S 6 ST LASALLE
R 020330000-013 0093786 ACTIV 09/16/1986 INACTIV / /
DURAN LOUIS & DOLORES F 12800 126 CR WELD
R 020330000013 1 01 0093886 ACTIV 09/16/1986 INACTIV 08/03/1988
DURAN LOUIS & DOLORES F 19697 IMPS ONLY MH N2NE4/SE4NE4/NE4NW4 30 11 66
SERIAL# GB228725 TITLE#
PF1 : SELECT PF7 :BACK PF8 : CONT PF9 : RESTART PF10 : PARC PF11 :REAL PF12 :MENU
MESSAGE :
951.636
COMPLAINT REPORT
F3'2oni.ng Complaint Complaint Initiated by :
0 Building Code Complaint ❑ Staff 0 Citizen ❑ Other
COMPLALNT RECEIVED BY
DATE: L� �.'6: Lim
LEGAL DESCRIPT_=ON:
C , /r, �(� : / /' Jv
VIULATiUN ADDRESS: � �,�-{a.-7 tf -/
Parcel R ATTACH COPY OF DEEp
Property owner' s name: Tel. No.
Property owner' s address:
Tenant' s name and mailing address:
NATURE OF COMPLAINT:
ZONING COMPLAINT REFERRED TO: (� /
--'. ;„�.�./ DATE: /: '
BUILDING CODE COMPLAINT REFERRED TO: _ (2 U DATE: .� '✓�
CASE ASSIGNED TO: DATE:
ACTION OF INVESTIGATOR
Date(s) of Inspection:
Inspection of property indicates:
❑ no violation of the Weld County 0 Zoning 0 Building Code Ordinance .
referred to: on
❑ no violation of the Weld County 0 Zoning ❑ Building Code Ordinance .
❑ violations of the following sections of the 0 Zoning 0 Luildinc
Code Ordinance:
ACTION ON COMPLAINT; 0 No Action taken/no violation 0 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 fore_
951636
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