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Home My WebLink About980823.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST DONALD HILGERS 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, Donald Hilgers, VI #9800011, 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 12th day of May, 1998, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Donald Hilgers, property owner, was not present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to bring legal action against said individual 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 Donald Hilgers 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of May, A.D., 1998. BOARD OF COUNTY COMMISSIONERS aWEB Q COUNTY, COLORADO,/ ATTEST: ; aSif /(+�a ,.;%,�,. L —:!ee�r6. U 231 /� .w�ii Constance L. Ha�riL, Chair Weld County C = k t• ) :G ,CW.40 ' `" O,� a W. H. k''CI bster, Pro-TemBY: __A . `s - t Deputy Clerk tot ` � C. eorge . Baxter A OV A F M: Dale7K. all ounty Attorney ;t,/C.//ur arbara J. Kirkmeyer 980823 Cc . Cl4; {'�-� /9C' PL0824 ito DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 Phone(970) 353-6100 C. Fax(970) 352-6312 COLORADO May 1, 1998 Donald Hilgers 3865 Highway 66 Longmont, CO 80504 Subject: VI-9800011, Part Section 22, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Mr. Hilgers: 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 May 12, 1998 at 10:00 a.m. to consider 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. incerely, S aryn F ze Zoning ompliance icer pc: VI-9800011 980823 PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 05/04/98 Additional Notations for Inspection item: 00400 Violation Permit No: VI-9800011 Applicant: HILGER DONALD Status: ISSUED Address: 3865 HY 66 COL Line Insp. Date Text 1 05/04/98 CONDUCTED A SITE INSPECTION 3-26-98. THE COMMERCIAL GARAGE 2 05/04/98 HAS BEEN CLEANED OUT, THE SIGN HAS BEEN REMOVED, THERE ARE 3 05/04/98 STILL A NUMBER OF DERELICT VEHICLES PARK AROUND THE PROPERTY 4 05/04/98 SEND 30 DAY LETTER. 5 05/04/98 CONDUCTED A PROGRESS INSPECTION 5-1-98. THERE ARE STILL A 6 05/04/98 NUMBER OF DERELICT VEHILCES PARKED AROUND THE PROPERTY. THE 7 05/04/98 COMMERCIAL GARAGE AND SIGN ADVERTISING THE BUSINESS HAVE 8 05/04/98 BEEN REMOVED AND IT APPEARS NO COMMERCIAL ACTIVITY IS 9 05/04/98 OCCURRING. WILL SCHEDULE THE NONCOMMERCIAL JUNKYARD 10 05/04/98 (DERELICT VEHICLES) FOR THE BCC VIOLATION HEARINGS ON THE 11 05/04/98 12TH OF MAY 1998. SENT LETTER TO PROPERTY OWNER ON 5-1-98 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. q 8a 3 (+.i DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices I 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 363-6100, Ext. 3540 C. Fax: (970) 352-6312 COLORADO WELD COUNTY ZONING VIOLATION NOTICE March 31, 1998 Donald Hilgers 3865 Highway 66 Longmont, CO 80504 Subject: VI-9800011, Part of Section 22, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Mr. Hilgers: The uses on the above described property are being considered as a zoning violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. I conducted a site inspection from the road right-of-way on Monday, March 30, 1998. It appears the commercial operation (automotive business and sign advertising the business) has ceased. However,there is a large number of vehicles (possibly derelict) stored on the property,which constitutes a noncommercial junkyard. 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 March 31, 1998, 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 contact me at the above address or telephone number. ere Sharyn Fr Fr err Zoning Compliance Officer pc: VI-9800011 SERVICE,TEAMWORK,INTEGRITY,QUALITY REPT131 WELD COUNTY, Lu PAGE 3 03/26/98 08:01 REQUESTS FOR INSPECTION WORK SHEETS FOR: 3/26/98 AREA: SEF Activity: VI-9800011 3/26/98 Type: VIO Status: COMPLNT Constr: VI Address: 3865 HY 66 COL Location: 3865 HIGHWAY 66 Parcel: 1207 22 000021 Occ: Use: Description: HIGH VOLTAGE AUTOMOTIVE. SELLING CARS, STORAGE Applicant: HILGER DONALD Phone: Owner: HILGERS DONALD C Phone: Contractor: Phone: Inspection Request Information Requestor: SHARYN FRAZER Phone: Req Time: Comments: PROGRESS INSPECTION/30 DAY LETTER? Items requested to be Inspected... Action Comments _ Time Exp 00400 SITE/��IN�SPECTION (1 (� ,‘9c Liir � u1 �11 Inspection History 1 '-"Y uv` -s(�v + qo.s'; 3 6 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices ' 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 C, Fax: (970) 352-6312 COLORADO January 28, 1998 Donald Hilgers 3865 Highway 66 Longmont, CO 80504 Subject: VI-9800011, Legal Description: Part of Section 22, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Mr. Hilgers: It has come to the attention of the Department of Planning Services' staff that the uses on your property (automotive business-selling, storage and maintenance of vehicles ) may not be in compliance with the Weld County Zoning Ordinance. I conducted a site visit on January 27, 1998, and spoke with Mr.Jeb Johnson, owner of the business. I explained that the operation in question is a use not allowed in the A(Agricultural) zone district. I told Mr.Johnson, I would follow-up with this letter and include a Use by Special Review application, and copies of pages of the Weld County Zoning Ordinance, which explains the uses allowed. 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. Please call me within five working days of the date of this letter to review the concerns with me. S'ncerely, Sharyn Fra er a5 9 L • Zoning Compliance Officer pc: VI-9800011 Attachments SERVICE,TEAMWORK,INTEGRITY,QUALITY 9,F0gR 3 PERMITS Id: ACTP125 Keyword: AACT User: SFRAZER 01/28/98 Activity Table Processing Violation Permit No: VI-9800011 Applicant: HILGER DONALD Status: COMPLNT Address: 3865 HY 66 COL Type: VIO Vers: 9601 Screen: 01 Base Information Parcel No: 1207 22 000021 Owner: HILGERS DONALD C Status: COMPLNT Written By: SEF Sec/Twn/Rng: 22 03 68 Description: HIGH VOLTAGE AUTOMOTIVE. SELLING CARS, STORAGE Location: 3865 HIGHWAY 66 Zoning Dist: A Permit Num: App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi") Class Code: VI-20 noncompliance USR Complaint: 1/28/1998 Init: SEF NO VI: / / [nit: 5 Day Letter: 1/28/1998 Init: SEF Issued: / / Init: Inspection: / / Init: BCC Vio: / / Init: Court: / / Init: Closed BCV: / / Init: Closed VI: / / [nit: f7=Update, F2=Previous Line, F1=Screen Index, ESC=Cancel Update 9&0`S7; 3 PERMITS Id: ACTP125 Keyword: AACT User: SFRAZER 01/28/98 Activity Table Processing Violation Permit No: VI-9800011 Applicant: HILGER DONALD Status: COMPLNT Address: 3865 HY 66 COL Type: VIO Vers: 9601 Screen: 02 Zoning Information Parcel No :1207 22 000021 Legal Descr:25585 E94A OF 5E4 22 3 68 EXC BEG AT PT N89015'W 1123.05' 8 Owner Name :HILGERS DONALD C Date: / / Verified: Setbacks N: S: E: W: Req by Zoning Sec Twn Rng:22 03 68 Notes: Zoning Dist:A Acres: .00 ** 1=Yes, 2=No, 3=Appr/Cond Met, 4=Appr/Cond Not Met ** Legal Lot ¶ Site Plan Review SPR • - Prior to Zoning : Yr: ¶ Board of Adjustment: BOA- .• e 80 Acres ¶ Non-Conforming Use : NCU- .• Rec Exemption RE- ¶ Flood Hazard Dev FHDP- .• • Sub Exemption SE- ¶ Geological Hazard : GHP- . Use Spec Review : USR- ¶ Accessory Dwelling : ZPAD- . Planned Unit Dev: PUD- ¶ Subdivision 5- ¶ • Change of Zone : COZ- ¶ Violation VI- . F7=Update, F2=Previous Line, F1=Screen Index, ESC=Cancel Update no8a 5 ‘1r 0411, r �� DEPARTMENT OF PLANNING SERVICES WUDCH :2 : POR -,^COLORAD AV t T p r c,,,,,),,_oi ti tic± / L.1,47-2‘4,-).- _ , , , /: 6, ,ZONING COMPLAINT Complaint In' ated by: o BUILDING CODE COMPLAINT ❑Staff if Citizen o Other LEGAL DESCRIPTION: 2 (�� / VIOLATION ADDRESS: 386C [ 11.4 Let> l Lti",'Y tttit)+ tL '7-' Parcel# I ?O.— .2j2D ATTACH COPY OF DEED J U Property Owner's N e: d `,I l �'S Pre# A Property Owners dr Tenants Name and Mailing Address: NATURE OF COMPLAINT: t `c.? n vo16 ail, 1 _ mct\-Q-KL) e1<<flco cams) troCP , Stsn C535-O?g8) Zoning Complaint Referred To: Sirl aAJTA7"cc ^17'�- Date: I',.)Lo •—/lb'? Building Code Complaint Referred To: a Date: Case Assigned To: Date: ACTION OF INVESTIGATOR: Date of Inspection: 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 o Zoning / o Building Code Ordinance o Violations of the following Sections of the o Zoning o Building Code Ordinance ACTION ON COMPLAINT: o No Action Taken/No Violation o Violation File Started Date Date CASE REVIEWED BY SUPERVISOR Date SUPERVISORS COMMENTS 15 NOTE: Attach all pertinent information and facts disclosed by investigation to this form. 46a 3 _ ( QO Hello