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Home My WebLink About950481 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST RUSSEL AND JUDITH MILLER 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, Russell and Judith Miller, VI #2165, are allegedly in violation of the Weld County Building Code Ordinance, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 14th day of March, 1995, a public hearing was held before the Board of County Commissioners for the purpose of hearing any testimony relating to said violation, and WHEREAS, Russell Miller, property owner, 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 a period of ninety days 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 within ninety days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on June 13, 1995, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Russell and Judith Miller 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. 950481 PL0824 �C ; tL J C/-2 /1ILLL-2 VIOLATIONS - MILLER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D., 1995. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Ado/IGr , FXCI ism IIATF OF sinNINn (AYF) Dale K. Hall, Chairman Weld County Clerk to the Board lk_QQc Barbar ,J. Kirkmeyer, -Te BY: (� �� Deputy ClerkTo the Board � ��y+ '/1�/ 17 George Baxter APP AS TO FORM C—`dam �anr J ll4�.�oi/- Constance L. Harbert unty Attorney W. . Webster 950481 PL0824 DATE: March 9, 1995 VIOLATION NUMBER: VI-2165 NAME: Russell and Judith Miller ADDRESS: 2510 No. Matthews Rd. Fort Lupton, CO 80621 LEGAL DESCRIPTION: Lots 8, Block 2,Country Estates Subdivision, Weld County, Colorado. CASE SIJMMARY January 17, 1995 Five-day compliance encouragement letter issued. January 18, 1995 Conversation with property owner. February 1, 1995 Violation letter issued. February 27, 1995 Property inspected. Property still in violation. March 1, 1995 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The number of animal units exceeding the number allowed by right and a noncommercial junkyard located on the property are violations of Section(s)31.2,31.3.9 and 31.5.4 of the Weld County Zoning Ordinance. To correct the violation the appropriate land use permit would need to be applied for, approved and all conditions met or the animal units would have to be reduced. The noncommercial junkyard would have to be screened or removed from the property. 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 persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 950481 DEPARTMENT OF PLANNING SERVICES I PHONE(303)3533845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, ON ORAAVENUEO631 COLORADO 80631 COLORADO March 1, 1995 Russell and Judith Miller 2510 No. Matthews Rd. Fort Lupton, CO 80621 Subject : VI-2165 Zoning Violation on a parcel of land described as Lot 8, Block 2, Country Estates Subdivision, Weld County Colorado. Dear : Mr. and Mrs. Miller As of February 28, 1995, the above property remains in violation of the Weld County Zoning Ordinance. I have scheduled a hearing with the Board of County Commissioners on Tuesday, March 14, 1995, at 10:00 a.m. to consider this Zoning Violation. The property will be reinspected on March 13, 1995, to determine compliance and if the uses on the property are not in compliance at the time of the inspection, then the Zoning Violation will be considered by the Board of County Commissioners at the hearing. If the property is in compliance then it will not be necessary for you to attend the hearing. This hearing 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 and uses on the property. 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. Respectfully, Barry K nler Building Inspection Specialist SERVICE,TEAMWORK,INTEGRITY,QUALITY 950481 INSPECTION REPORT NAME: Russell and Judith Miller LEGAL DESCRIPTION OF PROPERTY: Lot 8 Block 2, Country Estates Subdivision, Weld County, Colorado DATE: February 27, 1995 CASE NUMBER: VI-2165 The property was reinspected to determine compliance with sections 31.2 , 31.3.9 and 31.5.4 of the Weld County Zoning Ordinance. The property is not in compliance at this time. The number of animal units on the property exceeds the number allowed by right as defined in section 31.5.4,bulk requirements of the Weld County Zoning Ordinance. Also there is a noncommercial junkyard (tires and used lumber) located on the property without proper screening. Some of the tires Mr. Miller uses to feed the horses which will be allowed and he has been working on moving the others to a barn.Mr.Miller told me that he intends to use the used lumber to construct a storage shed. Mr. Miller is trying to sell the property and relocate to a larger parcel to allow more animals. To bring the property into compliance with the bulk requirements, the appropriate land use permit would need to be applied for, approved and all conditions met or the animal units would have to be reduced to the number allowed by right for a parcel of approximately 9.64 acres. The noncommercial junkyard would have to be removed or screened. A screening plan would need to be submitted to the Department of Planning Services and approved by the Planning Staff. All material considered to be part of the noncommercial junkyard must be located within the screened area. Barry Kra r Building nspection Specialist 950481 rt ,i___...., DEPARTMENT OF PLANNING SERVICES ig PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C N. RA AVENUE GREELEY, COLORADO 80631 COLORADO WELD COUNTY ZONING VIOLATION NOTICE February 1, 1995 Violation Number: VI-2165 Russell and Judith Miller 2510 N. Matthews Rd. Fort Lupton, CO 80621 Legal Description: Lot 8 Block 2, Country Estates Subdivision, Weld County, Colorado. The uses on the above described property are being considered as a zoning violation of Section 31.2, 31.3.9 and 31.5.4 of the Weld County Zoning Ordinance. The number of animal units exceeding the number allowed by right ( four animal units per acre ) in the A ( agricultural ) zone district. Also a noncommercial junkyard (tires and misc. materials) without proper screening from adjacent properties and public rights-of-way. To correct the violation the number of animal units would need to be reduced to the number allowed by right for a 9.64 acre parcel, or a Use by Special Review Permit for a livestock confinement facility would need to be applied for, approved and all conditions met. The noncommercial junkyard must be screened or removed. A screening plan would need to be submitted to the Department of Planning Services, • approved by the Planning Staff and installed around the material considered the 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 until March 3, 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 out merA,,„..,...„.7 Barry aer Building Inspection Specialist 950481 WELD COUNTY Dr RTMENT OF PLANNING SERVICES' CI" 'SEN INQUIRY FORM 1400 1, .CH. 17TH AVENUE, GREELEY, COLOR. . 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 ❑ TELEPHONE OQ 0 OFFICE FIRST INNQUIRY? 0 YES 0 NO DATE: /2 9' NAME: &L&&J) mite ILA PHONE J1: 4 9-/6)5/ ADDRESS: TYPE OF INQUIRY ❑ MHZP 0 SKETCH PLAN 0 MINOR SUB SKETCH PLAN ❑ ZPMH 0 PRELIMINARY PLAN 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 SETBACKS/OFFSETS ❑ SITE PLAN REVIEW ❑ USR 0 HOME OCCUPATION ❑ REZONING 0 AMENDED USR VIOLATION ❑ PUD SKETCH PLAN 0 USR MINING 0 OTHER ❑ PUD DISTRICT 0 USR MAJOR FACILITY 0 ❑ PUD FINAL PLAT 0 USR DISPOSAL SITE 0 PERSONNEL ❑ Keith Schuett 0 Greg Thompson 0 Gloria Dunn ❑ Todd Hodges ❑ Sharon White `2( Barry Kramer ❑ Chuck Cunliffe 0 ITEMS DISCUSSED: ' �_ Aid _ ( A _., " 1IvrI/�I�Y✓�f2lT I�a {� ,a 9. —_f �,c • `Y�p ( `a+ilt / �1�� I . Y�l Y`�✓\ Priil ✓f Y�fr.�;—� b[il�l.T( y AVAILABLE OPTIONS: CONCERNS: ACTION TO BE TAKEN: Time spent JO Staff Member's Initial / 950481 0 rat DEPARTMENT OF PLANNING SERVICES I PHONE (303)353.3545, EXT. 3540 wiipWELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO January 17, 1995 Russell and Judith Miller 2510 N. Matthews Rd. Fort Lupton, CO 80621 SUBJECT: C-95-184 Property located at Lot 8, Block 2, Country Estates Subdivision, Weld County, Colorado. Dear: Mr. and Mrs. Miller It has come to the attention of the Department of Planning Services' staff that the uses on your property may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is the number of animal units exceeding the number allowed by right in the A(agricultural)zone district.This parcel of land was calculated to be approximately 9.64 acres allowing 38.59 animal units,this would include the use of half of the closed portion of Bruno Av. that borders your property. In addition there is a concern with a noncommercial junkyard located on the property without proper screening from adjacent properties and public rights of way.I have enclosed portions of the definition section of the Weld County Zoning Ordinance that pertain to the potential noncompliance. Please call me within five working days of the date of this letter to review the department's concerns. Sincerely, Barry Kramer Building Inspection Technician • 950481 PARC TP : R PARCEL INQUIRY ASSMT YR: 1995 ATIIN02: PIN: 6252886 PARC 147123201008 LAST UPDATE : 11/28/1988 MILLER M RUSSELL & JUDItH A ACTIVE ON: 09/16/1986 INACTIVE ON: / / MAP# : 1458 2510 NO MATTHEWS RD FT LUPTON CO 80621 TAX AREA 0319 . 069712 1994 DATE LAST ASSESS 04/22/1994 LAST ASSESS LAND 2740 LAST ASSESS BLDGS 7880 TOTAL LAST ASSESS 10620 1112 2740 PRIOR YEAR ASSESS 10620 TOT LAND 2740 REC DT 12/27/83 DEED TP WD NUMBER 1016 01951178 WOL DOC FEE 9 . 85 1212 6950 4279 930 CE2-8 L8 BLK2 COUNTRY ESTATES TOT BLDGS 7880 %2510 NO MATTHEWS RD% TOTAL VALUE 10620 PF3 : PROFILE PFS :LEGALS PF7 :NEXT PARCEL PF11 :MENU PF4 : OWNERS PF6 :DOC HIST PF10 :PLOC PF12 :REAL MESSAGE: 95048i Hello