HomeMy WebLinkAbout952432.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST TIMOTHY AND MARY TROSTEL 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, Timothy and Mary Trostel, VI#2242, 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 12th day of December, 1995, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Timothy and Mary Trostel were 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 until February 1, 1996, 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 February 1, 1996.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that if said violation still exists on February 1, 1996, the Weld County Attorney be,
and hereby is, authorized to proceed with legal action against Timothy and Mary Trostel 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.
952432
PL0824
l'G; , L; en; 7-7-ask /
VIOLATIONS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of December, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
,� La&rmaS
OUNTY, CO
.` " '
- „.._ bur y Clerk to the Board BY: Ili o A� L
11 1 tl X lC- nC�—
arbara J. Kirkmeyer, ro-Tem
Deputy Clerkthe Board FXCLJSFn
George E. Baxter f
APP S TO FOljl _j G/E�7F.i6Q?cFcioj. fit ti�.at
, � Constance L. Harbe 44
u y Attorney +' i i\rC , 9
w. H. ebster
952432
PL0824
DATE: December 7, 1995
VIOLATION NUMBER: VI-2242
NAME: Timothy and Mary Trostel
ADDRESS: 17264 Weld County Road 12
Fort Lupton, Co. 80621
LEGAL DESCRIPTION: NE4NW4 and NW4NW4 of Section 12, Township 1, Range 66, Exc
Beg NW Cor of Sec S89D55' E 1259. 89' SOD21'W 1333.30, Weld
County, Colorado
CASE SUMMARY:
September 5, 1995 Complaint made and assigned to Susan McMullen.
September 5, 1995 Property inspected. Property is in violation.
September 7, 1995 Five-Day compliance encouragement letter sent.
September 15, 1995 Property Inspected. Property is in violation. Property owners son told me
that his parents would be out of town until September 27, 1995
October 2, 1995 Property inspected. Property is in violation. Talked to property owner
about violation.
October 18, 1995 Zoning Violation notice sent.
October 19, 1995 Property inspected. Property is in violation.
November 27, 1995 Property inspected. Property is in violation.
November 27, 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 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 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.
952432
To: VI-2242
From: Susan McMullen
Re: Recorded Violation number
Date: November 30, 1995
• The violation file for Timothy and Mary Trostel initiated
on October 10, 1995 should be correctly labeled VI-2242,
not 2241 as appears on the correspondence. VI-2242 is the
recorded violation number for the noncommercial junkyard
violation located at 17264 Weld County Road 12, Fort
Lupton, Colorado 80621.
Susan McMullen
Zoning Inspector
pc: VI-2242
952432
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t ty Reception No 173,Sa 1 ......__AlA11Y ANN ffiLAR5IEIN Recorder. ./ r ..
es r '' 81 I Recorded at / ro
o'clock A w.,._ DEC..1.3 .197.7..... ........ ° N
s-/ 1 'O ;yy-'
''1).•` ? t. RECORDER'S STAMP k'.,. •
THIS DEED. Slade this Ith day of December iiij3,.•90 '
� ID 77,between
JOHN T. MARTIN and JAMES I. MARTIN, as Stout DocutnMoty Fa - e n. ,J
4.4AIndividuals, and for kIARTIN BROTHERS, fi
DabQ`�,9 � r Jre
-•'. ; a Partnership, ` "
.*S of the County of Weld and State of _ ru • f
Colorado,of the first port.and
t '{ TIMOTHY NORMAN TROSTEL and MART THERI.SA TROSTEL
CD 17264 Weld County Rd 12 4-.,..
. le/ c0 Fort Lupton '� !•' • =�
.-1 ,. of the County of Weld and State of Colorado,of the second part:
'.9: WITNESSETH.that the said part ies °f the first part.for an:in consideration of the sum of -r
VE THOUSAND AND NO/100 - - - - - - - - - - - - - " ' - " ' DOLLARS. •• Ci_ ,
SIXTY-FIVE Pi.
3 „ ;
;_i M /o the said part Les of the first part is hand paid by the said pen::of the second part•the receipt when°, is h ':<
�`T;, o hereby confessed and acknowledged.have granted.bargained,sold and conveyed.and iy these presents do G
grant.bargain.sell,convey and confirm unto the said panin of the wend part.their heirs and assigns forever.non
t. in tenancy in common but in joint tenancy,all the following described lot or comma Weld
of land,situate.lying and ,+,,p.:;
1+; being In the commaWeld and State of Colorado.to wit: `i.i:
The Northeast h of the Northwest h of Section 12, in Township 1 tee
n North, of Range 66 West of tc�' ('r . tj :k ,
Also the Northwest $ of the ::o:'t:->:L:.t i of Section. 12, in `i d."k;4
H.
Township 1 North of Range LC e:esr. •.. the _tri P.n.. , r01
EXCEPTING the following d+srr::- . : PPS.-
Beginning at the Northwest corner said Northwest one-quarter .
• Northwest one-quarter; '' `
thence S 89° 55' 41" E on an assumed bearing along the North
line said Northwest one-quarter Northwest one-quarter a distance it>:
of 1259.89 feet to a point 50.00 feet nest of the Northeast t`?`
corner said Northwest one-quarter Northwest one-quarters ! _.
thence S 00° 21' 56" W parallel with the East line said .:,e•
,•.
Northwest one-quarter Northwest one-quarter a distance of A;-:c
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1333.30 feet to a point on the South line said Northwest one-
quarter Northwest one-quarter; coc t.
thence N 89° 57' 04" w along the Uc,uth line said Northwest f :
one-quarter Northwest one-quarter a diutance of 1263 39 feet er::
to the Southwest corner said Nor[1:vs.t" . .. -_ .. Ler Northwest
onc-quarter;
thence N 00° 30' 56" E along the Vest line said Northwest
one-quarter Northwest one-quarter .t distance of 1333.84 feet ='. -
to the POINT OF BEGINNING,
EXCEPT and reserving unto the grantors all oil, gas end minerals; also
reserving an moment over and across the cast 20 feet of said parcel for -
ingress and egress to the S11 of the P,:t of said Section 12 for so long as
the grantors shall own said parcel; at such time.said parcel is conveyed to
any other ownership said right of way shall cease and revert to the fee _
simple owners of the above described parcel at t::at tS:re.
„ EXCEPT and subject to all re;ervatiurr, r.;hts at e y and easements of record
and/or visually evident, and subject to cxistinf; ell and gas lease of record.
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TOGETHER w all and singular the hereditament* and appurtenances thereuntu belonelar. or in anywise I:s.4}
appertaining. the reversion and n•venions, remainder and ren.aindns.rents,Issues and profits thereof;and all the r•k!: ii
.1 estate. right, title. intent. maim and demand whatsoever of the said mart of the lint part.either In law or ..
equity.of. in and to the above bargained premises.with the hereditament*and appurtenances. Ll' .
c TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenance.ur.to the said
E e<xr'':
,t Partin of the second part.their heirs and assigns forever. And the said past its of the*inn part,for them
- sel yes• their heirs. exela•••r.. and administrators do cotenant,grant.bsrrgsin and agree to and with
the sad parties of the second part.their heirs and assigns.that at the time of the ensealing and delivery of these pm- As
tints they ale well seized of the premises above:ronveyed, as of good, sure. perfect. absolute and Indefeasible ;,'
estate of inheritance,in law,in lee simple.and ha ve gn.d right, full sower and lawful authority to grails bar- -'•;.
gain. sell and convey the same in manner and form aforesaid.and that the same are free and clear from all former f"'u4'"i. ,
and other grants,bargains.sales,liens,taxes,assessment and encumbrances of whatever kind or nature saver; •,�,fi�"
' except and subject to general taxes for 1977 which the grantees herein assume I
as and agree to pay when due; Pt
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i and the above bargained premises in the quiet and parable possession of the said parties of the second pan. their
heirs and assigns,against all and ever'person or persons lawfully claiming or to claim the whole or any part thereof. .
the said pan ies of the first part shall and will WARRANT AND FOREVER DEFEND. �'.' '
$ IN WITNESS WHEREOF the said part iits of the first part ha ye hereunto set their hand and :s:r'
sal the day and year first above written..
MARI1b BROTHERS, 4:4f"
r,' A PARTRERSHIP ••»n
;_,. Signed.Sealed and Delivered la the Praeger of .. .... . .fa7AL1
Ise, ,-, • ..
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ta;�,rLf j syt l ..i 4lr/ T. ,.ui../ !SCAM! k
'3 John T. Mark to :•'
j. , ILla+TGD . y �7T: a.a�...ieEAL) ' ,"4•
fir" l STATE OF COLORADO r• Janis I. Martin t
tze _._county af._....WLI.D_._. . AZ yartncrs, and for •hemselves. tl
tins. - -�}'he Ierring,inatrament was acknowledged before me this 9th Snot December , e r
(sj•Tr�t;.lcfht ':. Martin and James I. Martin, for themselves, and as partners of ..F
�! r;+•?tar�tt{��•�eroEaera, a Partnership.
itt"Np�l�MWiate4pftes Oct. 12 .19b 1 .Witness my hand and official seal. ',1.
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DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-6100,EXT.3540
FAX (303)352-6312
C. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY,COLORADO 80631
COLORADO
November 27, 1995
Timothy and Mary Trostel
17264 Weld County Road 12
Fort Lupton, CO 80621
Subject : VI-2241
Legal Description:NE4NW4 and NW4NW4 of Section 12,Township 1, Range 66 Exc Beg
NWcor of Sec S89D55' E 1259.89' SOD21' W 1333.30 ,Weld County, Colorado
Dear Timothy and Mary Trostel,
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 December 12, 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 December 11, 1995.
If you have any questions concerning this matter,please call me.
•
Sincerely,
Susan 7- .McMullen/‘
Zoning Inspector
pc: VI-2241
952432
f&trig
Inspection Report
winse
COLORADO
NAME: Timothy and Mary Trostel
LEGAL DESCRIPTION OF PROPERTY: NE4NW4 and NW4NW4 of Section 12,
Township 1,Range 66,Exc Beg NW cor of Sec
S89D55' E 1259. 89' SOD21' W 1333.30, Weld
County, Colorado
DATE OF INSI?ECTION: November 27, 1995
CASE NUMBER: VI-2241
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 a
noncommercial junkyard consisting of several derelict vehicle located on the property. I did talk
to the property owner,Timothy Trostel. He said that he intends to move the vehicles. He did say
that some of the vehicles are not his and that it would take him until January 30, 1996 to get the
vehicles moved.
Mr. Trostel also told me that he is not operating his Fire Sprinkler business from his property.
He did say that he brings his truck home from job sites but does not store supplies on his
property. He told me that materials I had observed on his property were materials that he could
not use. All materials that he uses at his job sites are brought by suppliers to the job site. Mr.
Trostel also told me that the party I contacted on my first inspection was actually a house sitter
and that she was taking messages for him for the business and for his home. With the new
information from Mr. Trostel I am closing the business violation.
Susan cMullen
Zoning Inspector
pc: VI-2241
952432
tett
ingikInspection Report
COLORADO
NAME: Timothy and Mary Trostel
LEGAL DESCRIPTION OF PROPERTY: NE4NW4 and NW4NW4 of Section 12,
Township 1, Range 66, Exc Beg NW cor of Sec
S89D55' E 1259.89' SOD21' W 1333.30, Weld
County, Colorado
DATE OF INSPECTION: October 19, 1995
CASE NUMBER: VI-2241
The property was inspected to determine compliance with section 31.2, 31.3.9, 31.4 and 31.4.15
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. While doing inspections in the area of
this property I did notice that the derelict vehicles on their property can be seen from Weld
County Road 37. The vehicles can also be seen from adjacent properties.
tiCAiale
Susan McMullen
Zoning Inspector
pc: VI-2241
952432
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952432
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DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-6100,EXT.3540
ik FAX (IVE03)OFFICES
S
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
COLORADO GREELEY,COLORADO 80631
WELD COUNTY
ZONING VIOLATION NOTICE
October 18, 1995 Violation Number : VI-2241
Timothy Norman and Mary Teresa Trostel
17264 Weld County Road 12
Fort Lupton,Colorado 80621
Legal Description : NE4NW4 and NW4NW4 Section 12,Township 1. Range 66 Exc Beg NW cor of
Sec S89D55'E 1259.89' SOD21' W 1333.30, Weld County,Colorado
The uses on the above described property are being considered a zoning violation of Sections 31.2,
31.3.9,31.4 and 31.4.15 of the Weld County Zoning Ordinance.There is a unscreened noncommercial
junkyard, and a"Fire Sprinkler"business located on the property. These are not a uses allowed by right
in the Agricultural Zone District.
The violation can be corrected by removing the unscreened noncommercial junkyard or by screening it.
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 prior to installation.
In order to bring property into compliance concerning the business. The business can be removed from
the property or a"Use by Special Review Permit" can be applied for through the Department of
Planning Services. If this is the option of choice then one of"Current Planners"at the Department of
Planning Services can assist you with the application process.
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 October 18, 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
Susan McMullen
Zoning Inspector
pc: `.�I-2241
SERVICE,TEAMWORK,INTEGRITY,QUALITY 957432
40 as ct
vine Inspection Report
COLORADO
NAME: Timothy Norman and Mary Teresa Trostel
LEGAL DESCRIPTION OF PROPERTY: NE4NW4 and NW4NW4 Section 12, Township
1, Range 66, Weld County, Colorado
DATE OF INSPECTION: October 2, 1995
CASE NUMBER: VI-2241
The property was inspected to determine compliance with section 31.2, 31.3.9, 31.4, 31.4.15 of
the Weld County Zoning Ordinance. The property is not in compliance at this time. There is an
unscreened noncommercial junkyard on the property. It consists of several derelict vehicles
located on the Fast side of the property. The vehicles can be seen from adjacent properties.
There is also a fire sprinkler business located on the property. The business is called " Associated
Fire Sprinkler Systems, Inc." The business does not have the required "Use by Special Review
Permit".
I did talk to an owner of the property during my inspection. She did say that she did not think the
derelict vehicles could be seen by any adjacent neighbors. She also said that they had not
received my previous letters. I did show her the five day letter and the previous inspection
reports. She did check the address that I have listed and did confirm that it is the correct address.
I will send new copies of the letters to her.
• Susan McMullen
Zoning Inspector
pc: 95-2241
952432
fattrig
iniDe Inspection Report
COLORADO
NAME: Timothy Norman and Mary Teresa Trostel
LEGAL DESCRIPTION OF PROPERTY: NE4NW4 and NW4NW4 Section 12, Township
1,Range 66 EXC BEG NW COR OF SEC
S89D55' E 1259.89' SOD21' W 1333.30'
DATE OF INSPECTION: September 15, 1995
CASE NUMBER: C-95-105
The property was inspected to determine compliance with section 31.2, 31.3.9, 31.4, and 31.4.15
of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is a
noncommercial junkyard on the property. It consists of derelict vehicles and vehicle parts. The
vehicles can be seem from adjacent properties. There are also numerous antique tractors,these
are not considered to be a violation.
There is also a business being run from the property. The business is "Associated Fire Sprinkler
Systems,Inc". There is equipment and supplies for the business located on the property. The
secretary at the business did tell me that the property owner was out of town and that his son was
taking care of the property until their return. I did contact her inside the main residence.
When I was leaving the property I did contact the Trostel's adult son. He said that Timothy
Norman Trostel would be returning on September 27, 1995 and that he felt that his father would
want to discuss the complaint with the Department of Planning Services. He also said that his
father had not been home to receive the five day curtesy letter. I did tell him that I would wait for
Mr. Trostel's return before pursuing the violation.
two photographs taken.
Susan McM len
Zoning Inspector
pc: C-95-105
95 4,32
•
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-6100,EXT.3540
O FAX (303)352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
• 1400 N. 17TH AVENUE
COLORADO GREELEY,COLORADO 80631
September 7, 1995
Timothy Norman and Mary Teresa Trostel
17264 Weld County Road 12
Fort Lupton, Colorado, 80621
Subject: C-95-105, located on property described as NE4NW4 and NW4NW4 Section 12,
Township 1, Range 66
Dear Timothy and Mary Trostel:
It has come to the attention of the Department of Planning Services' staff that the uses on your
property(17264 Weld County Road 12)may not be in compliance with the Weld County Zoning
Ordinance. The potential noncompliance with the zoning ordinance is a unscreened
noncommercial junkyard. Section 31.2 and 31.3.9.
Please call me within five working days of the date of this letter to review the concerns with me.
Sincerely,
us an McMullen _ \
Zoning Inspector
pc: C-95-105
SERVICE,TEAMWORK,INTEGRITY,QUALITY
952.432
iattet
Inspection Report
COLORADO
NAME: Timothy Norman and Mary Teresa Trostel
LEGAL DESCRIPTION OF PROPERTY: NE4NW4 and NW4NW4 of Section 12,
Township 1, Range 66
DATE OF INSPECTION: September 5, 1995
CASE NUMBER: C-95-105
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 an
unscreened noncommercial junkyard located on the property. The junkyard consists of a large
number of derelict vehicles. The junkyard needs to be 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
Susan McMullen
Zoning Inspector
pc: C-95-105
r;1
' ARC TP : R A �,' _._R'i Ar "MT YR: 1995 ATIIN 2
PIN: 6222086 PARC: ) 147112000056 LAST UPDATE: 03/12/1991
TROSTEL TIMOTHY NORMAN & MARY TERESA ACTIVE ON: 09/16/1986
INACTIVE ON: / /
MAP# : 2480
17264 WELD CO RD 12
FT LUPTON CO 80621
TAX AREA 0820 . 074726 1994
DATE LAST ASSESS 04/21/1995
LAST ASSESS LAND 100
LAST ASSESS BLDGS 3360
TOTAL TACT ASSESS 3460 4147 39 . 34 100
PRIOR YEAR ASSESS 4220 TOT LAND 100
REC DT 12/13/77 DEED TP WD
NUMBER 8170 01738580 WOL
DOC FEE 6 .50 4277 3290
427;3 30
15871-G NE4NW4 & NW4NW4 12 1 66 EXC BEG NW COR TOT BLDGS 3320
OF SEC 589D55 'E 1259 . 89 ' SOD21 'W 1333 .30 ' TOTAL VALUE 3420
PF3 : PROFILE PFS :LEGALS PF7 :NEXT PARCEL PF11 :MENU
PF4 : OWNERS PF6 :DOC HIST PF10 :PLOC PF12 :REAL
MESSAGE:
S524 2
s _ IC.EX _ _RY WBPINQ1
TROSTEL TIMOTHY N BP 05100
PT S13 T01 R68
MACH SHED 02/07/75
\
\ TROSTEL TIMOTHY NORMAN & MARY BP 32207
1 NE4NW4 & NW4NW4 S12 TO1 R66
ADD 2ND STORY 05/12/88
TROSTEL TIMOTHY NORMAN & MARY(---___ EP 30148
NE4NW4 & NW4NW4 S12 TO1 R66
ELECT ONLY 04/15/87
TROSTEL TOM CUP-00039
SW4 S05 T03 R68
SIN LE F RES 10 1/
- OSTEL T M EVERLY SUP- 4
st NE4 PT S14 T02 R68
DAIRY OPERATION 02/25/80
CONTINUE INQUIRY = I RETURN TO MAIN MENU = M RESTART INQUIRY = R
RETURN TO CNDX MENU = E CHANGE RECORD (POSITION CURSOR) = S
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9J2'3;;72
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