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Home My WebLink About20162862.tiffRESOLUTION RE: ACTION OF BOARD CONCERNING REQUEST TO PURSUE AN INJUNCTION AGAINST TODD UBEL AND MELANY KELLER FOR VIOLATIO OF THE WELD COUNTY CODE - ZCV16-00083 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, the Board has been presented with a Request to Pursue an Injunction against Todd Ubel and Melany Keller for Violation of the Weld County Code for ZCV16-00083, and WHEREAS, a hearing before the Board was held on the 12th day of September, 2016, at which time the Board deemed it advisable to continue said matter to October 10, 2016, to allow Todd Ubel and Melany Keller adequate time to come into compliance with the Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the abovementioned matter be, and hereby is, continued to October 10, 2016, at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of September, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddtiliet) Weld County Clerk to the Board BY: • puty Clerk to the Boar APP--ROV D AS ttorney Date of signature: I o t E'( t �' Mike Freeman, Chair Sean P. Conway, Pro -Tern rbara Kirkmeyer /7)Z - Steve Moreno . ,Sz)- 2016-2862 PL0824 I,0(6©ilCn DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 www.co.weld.co.ys bpascoe@weidgov.com Phone: (970)353-6100 Ext 3555 Fax: (970) 304-6498 Zoning Violation Notification August 29, 2016 UBEL TODD L & KELLER MELANY R 7496 COUNTY ROAD 10 FORT LUPTON CO 80621 Zoning Violation Case: ZCV16-00083 Legal Description: 19993-O E2E2NW4171 67 EXC UPRR RES (.50R) Situs Address: 7496 CR 10 WELD CO 80603 Dear : UBEL TODD L and KELLER MELANY R The uses on the above described property are being considered as a building code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 233-3o Accessory uses. 23--3-40 Uses by special review 23-3-40.1 Solid Waste Disposal sites and facilities, subject to the additional requirements of Section 23-4-380. To bring your property into compliance with the Weld County Code: The acceptance of dirt mixed with concrete, asphalt, landscaping materials (plastic pipes, edging, etc), plywood and miscellaneous debris requires a Use by Special Review (USR) permit for an Inert Landfill Disposal site. The first step in this process is a Pre -Application Request meeting. This step is completely free, but does require submittal of a short application. Please see the enclosed application; however, please also feel free to visit the following web address: http://www.comeld.co.usiassets/bBb650d1AcC31aADa53d.pdf The above web address will take you to the Pre -Application Review Request link. 2016-2862 Commercial uses that are operating prior to obtaining the required Weld County Land Use permits are imnediatel ' scheduled for a Violation Hearing before the Board of County Commissioners. Your case is schi-tasi A to be heard by the Board of County Commissioners on: Monday, September 12, 2016 at 9:00 AM This hearingMvill )e conducted in the County Commissioners Hearing Room of the Weld County Administration Building Iocatati ;it 4150 O St. Greeley, Colorado. Since the Board will determine how much time to grant, if any, to su4mit th4 necessary application(s), it is recommended you or a representative be in attendance to answer any yues;ions the Board of County Commissioners might have about the violations. Compliance records are now visible to the public through the Citizen Access portal through our web page. Please visit https://accela-4caoo.weld.co.usicitizenaccessi and go to the Enforcement tab. You can search by case number, address of parcel number. This proyram will show you copies of letters, pictures, etc. Feel free to call if you have any questions. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding his l etter, or if you need any further information, please feel free to contact me at the above address, te,c,Nnone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Shoe Bethany Pascoe turn ny VatintAicia Rot OiTunct pc: ZCV16-00083 August 23, 2016 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Certified Letter No.: 7011 2970 0002 2027 8837 Todd Ubel 74% CR 10 Fort Lupton, CO 80621-8114 Subject: Illegal Disposal of Commercial Waste Mr. Ubel: The Weld County Department of Public Health and Environment (Department) received a report that you are disposing of commercial waste on your property located at 7496 CR 10, in Weld County, Colorado (the Property). An inspection of the Property conducted by a representative of this Department on August 23, 2016, found that a portion of the Property is being used as a solid waste disposal site. During the August 23, 2016 inspection of the Property the Department observed numerous commercial trucks dumping piles of waste on the property. These piles contained what appeared to be inert construction debris consisting of dirt, concrete, landscape debris, PVC piping, and other demolition/excavating debris. The wastes are being disposed of south of the residence on the east side of the property boundary. This site has not been approved for such disposal and is not a permitted disposal facility. According to the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" (the Regulations) (6 CCR 1007-2) as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, part 1, of the Colorado Revised Statutes (C.R.S.), as amended, it is unlawful to dispose of solid wastes on your property without a Certificate of Designation issued under the provisions of the Regulations. According to the Weld County Code, Chapter 23, Article III, Division 1 of Section 23-3-40, the location of a solid waste disposal site would require land use approval, such as a Use by Special Review permit and a Certificate of Designation for a solid waste disposal site. As such, disposal of these wastes would be a violation of the Weld County Code. This commercial waste, consisting of dirt, concrete, landscape debris, PVC piping, and other demolition/excavating debris cannot be accepted for storage, treatment, transfer or disposal on your property, unless you have applied for and obtained the above mentioned approvals and licensed the facility in accordance with applicable provisions of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2) and obtain any required land use approval Health Administration Vital Records Tele: 970-304-6410 Fox: 970-304-6412 Public Health IL Clinical Services Tele: 970-304-6420 Fox: 970-304-6416 Environmental Wealth Services Tele: 970-3046415 Fox: 970-304-6411 Communication, Education i Nanning Tele; 970-304-6470 Fox: 970-304-6452 Emergency Preparedness i R•spons* Tele: 970-3044470 Fax: 970-3044452 D Public Health applicable to your operation, such as, a Use by Special Review Permit and Certificate of Designation. It is expected that you either cease these practices and remove the material for proper disposal or comply with all applicable regulations immediately. A written response is requested, which should include what steps will be taken by you to comply with the above referenced regulations and to remove and properly dispose of these wastes. Please inform us of your intentions within the next ten (10) days. Please be advised, the notifications in this letter do not preclude this Department and/or the Colorado Department of Public Health & Environment from initiating appropriate legal action in accordance with the Colorado Revised Statutes (C.R.S.) or any other applicable regulations. If you have any questions, please contact me at (970) 400-2220. Sincerely, Ben Frissell Environmental Health Specialist WCDPHE, Environmental Health Services ec: Doug Ikenberry, Colorado Department of Public Health and Environment Edward Smith, Colorado Department of Public Health and Environment Bethany Pascoe, Weld County Zoning Compliance Officer Michelle Martin, Weld County Planning Department Photo Log M a y 2016 Looking North West. t I '!y , �' 7dF ' � 1 p 1 _. j.ioll i_ A.x N. 1 ,1,1l1, ai Close up of the material. Photo Log August 2016 Looking South, pile extends 1000 feet from house. ■ 8/25/2016 Property Report WELD COUNTY Property Report P FCC) PE RTY Po IRA L Technical Support: (970) 304-6432 Account: R6045286 August 25, 2016 Account Information Account Parcel Space Account Type Tax Year Buildings Actual Value Assessed Value R6045286 146917000015 Agricultural 2016 1 336,505 28,090 Legal 19993-D E2E2NW4 17 1 67 EXC UPRR RES (.50R) Subdivision Block Lot Land Economic Area 3201 DACONO Property Address Property City Zip Section Township Range 7496 10 CR WELD 000000000 17 01 67 Owner(s) Account Owner Name Address R6045286 LIBEL TODD L 7496 COUNTY ROAD 10 FORT LUPTON, CO 806218114 R6045286 KELLER MELANY R , Document History https://propertyrepert.co.weld.co,usPaccount=R 6045286 1/3 8/25120/6 Property Report Reception Rec Date Type Grantor Grantee �� Sale Date Price 02368934 01-12-1994 MC LAIN DONALD E & CHERRIE M UBEL TODD L & 4.75 01-05-1994 47,500 12-30-2005 GOZ WELD COUNTY ZONING Case: AG ZONING A 0.00 0 Building Information Building 1 AccountNo Building ID Occupancy R6045286 1 Single Family Residential on Ag ID Type NBHD L Occupancy % Complete 3 Bedrooms Baths Rooms 1 Residential 3201 Single Family Residential on Ag i 75 2 2 0 ID Exterior Cover Interior r HVAC Perimeter Units Type Make 1 Frame Masonry Veneer Gable Drywall Forced Air 0 0 ICJ Square Ft Condo SF Total Basement $f= Finished Basernent SF Garage SF Carport SF Balcony SF Porch SF 1 5,248 0 2,767 0 0 0 0 I 0 Built As Details for Building 1 ID T Built As Square Ft Year Built Stories l Length Width 1.00 2 Story 5,248 1 2002 1 0 1 0 Additional Details for Building 1 trilps://prapertyreport.co.weld.co.usflaccount=R6045286 I 8/25/2016 Property Report ID Detail Type Description Units 1 Fixture Bath 2 1 1 Rough In Rough In 1 1 Appliance Allowance 1 1 Fixture Allowance 1 1 Fixture Bath 3 1 1 Fixture Laundry Sink 1 1 Basement Bsmnt Conc 9 ft 2,767 1 Add On Finished Attic -Average 882 Valuation Information Type Code Description Actual Value Assessed Value Acres Land SqFt Improvement 4277 FARRANCH RESIDENCE -IMPS RESIDENCE -IMPS 330,294 26,290 0.000 0 Land 4127 DRY FARM LAND- AGRICULTURAL 6,211 1,800 39.500 1,720,620 Totals - - 336,505 28,090 39.500 1,720,620 Copyright © 2016 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https:l/propertyreport.co.weld.co.usfaccount=R6045286 3/3 PRE APPLICATION REVIEW REQUEST • The first meeting with the County's Development Review Team is a Pre -Application review meeting. Anyone with a development idea can schedule a Pre -Application review meeting to get feedback on their idea. Pre - Application meetings are free and are meant to assist property owners and applicants in understanding what is required during development review. • At the Pre -Application meeting, members of various departments will offer comments on the development proposal. Based on the input from the meeting explaining the requirements for the proposed project, the applicant can then decide if they would like to move forward with a formal Land Use application. • Pre -Application reviews are typically held Thursdays and Fridays of any given week at the Planning Department offices at the address at the bottom of this form. Submit the Pre -Application review request form, questionnaire, and map to the planning department. A planner will contact the applicant and set up a date and time for the Pre -Application meeting. • The application can be submitted through our Citizen Portal at https://accela- aca.aa.wetd.co.uslcitizenaccessl, mailed, emailed (mmartin@weldgov_com), faxed or dropped off at the Planning Department. • The week following the Pre -Application meeting, the applicant will receive meeting minutes summarizing the requirements that are specific to the project discussed during the meeting. The comments, from the meeting minutes, assist you in preparing the detailed components of your formal Land Use application. • Planning Services serves as the coordinating department. Every development proposal application is assigned a planner who serves as the primary point of contact for the project. Office Use Only Case Number: Contact Information: Planner: r1 --- Name .,_ Phone r Fax Email Address Project Description Property Information: Section -Township - Range S17, T1 N, R67W Zoning Agriculture Parcel Number 1469 17 0 00 015 Acreage 39.5 +/- Site Address 7496 CR 10 Water Source Legal Description E2E2NW4 of S17, T1N, R67W Sevver4Septic Owner Name Ubel, Todd L & Keller, Melany R ZCV 1 E-00083 IS this property currently in violation? O Yes InNo Case Number Preferred date and time for meeting (Thursday or Friday): • To view the Weld County Code, please go to www.co.weld.co.us • To view the Weld County Property Portal, please go to http://www.co.weld.co.usfmaps/propertyinformation/ • To view other Weld County Planning Cases, please go to https://accela-aca co.weld.co.us/citizenaccess/ • Property Information for the application below can be found on the Weld County Assessor website at http://www.co.weld.co.us/mapsipropertyinforrnationi 4/30/2015 na Weld Department of Planning Services I Development Review 1555 N. 174' Avenue, Greeley, CO 80631 I Ph: 970`353.8100 I Fax. 970-304-8498 wvrw.co.weld.co.ua/DepartmentaiPlaming zonirwg PRE APPLICATION REVIEW REQUEST QUESTIONNAIRE: Answer the following questions on a separate sheet. if a question does not pertain to your use, please respond with aplicable°. 'tUliO: Planner on Call 970-3534100 ext. 3540 1. Explain, in detail, the proposed use of the property. 2. What are the hours and days of operation? (e.g. Monday thru Friday Barn to 5pm.) 3. List the number of full time and part time employees proposed to work at this site. 4. If shift work is proposed include the number of employees per shift. 5. List the number of people who will use this site. Include contractors, truck drivers, customers, volunteers, etc. 6. if this is a dairy, livestock confinement operation, kennel, etc., List the number and type of animals. 7. Describe the type of lot surface and the square footage of each type. (e.g. asphalt, gravel, landscaping, dirt, grass, buildings) Engineering Questions: 970-353-6100 ext. 3540 1. How many roundtrips/ciay are expected for each vehicle type: Passenger Cars/Pickups, Tandem Trucks, Semi-TruckiTrailer/RV (Roundtrip =1 trip in and 1 trip out of site) 2. Describe the expected travel routes for site traffic. 3. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south, 30% from the east. etc.) 4. Describe the time of day that you expect the highest traffic volumes from above. 5. Describe the existing and proposed (if applicable) direction the water flows within the property. 6. Is there a low spot on the site where water accumulates? Environmental Health Queatiw: 970-304-6420 ext. 2702 1. What is the drinking water source on the property? If utilizing a drinking waterwell include the well permit number. 2. What type of sewage disposal system is on the property? If utilizing an existing septic system provide the septic permit number. 1. If storage or warehousing is proposed, what type of items will be stored? Building Questions: Inspector on Cali 970-3534100 ext. 3540 1. List the type, size (sq ft), and number of existing and proposed structures. 2. Will the existing structures be used for this USR? 3. List the proposed uses of each structure. MAP: Show and label the following items: 1_ Existing and proposed structures, sizes and uses 2. Existing and proposed parking with dimensions 3. Nearest Public Roads 4. Proposed and Existing Access points 5, Property boundary(s) eve op Staff am available to assist the applicant's through this process. For questions, please Wilt us or call The Department of Planning Services at (970) 353-6100. 4/30/201_5 sts Weld County Department of Planning Service I Development Review 1555 N.176 Avenue, Greeley, CO 80831 I Ph: 970-3534100 i Fax 970.904-8498 www:co.weld,00. a rtment&JIslennlnpZoning 2 t No, 921A. Repr. 34.1 WnRRAXIT &Th t° Nat Tenants) nocnnjcd at 'nr.p 1422 REC O2368934 O1/12/94 15:19 $5.OO 1/O01 A23689.314._ F O554 MARY ANN FEUER$TEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED THIS DEED, Made This 5TH day of JANUARY, 1994 between DONALD E. MCLAIN and CHERRIE M. MCLAIN of the City' and County of DENVER and State of COLORADO, greeter, and TODD L. LIBEL and MELANY R.KELLER whose legal address is 14293 EAST MISSISSIPPI AVENUE #156, AURORA, COLORADO 80012 of the County of ADAMS and State of COLORADO, grantees: STATE DOCUMENTARY FEE Date 1/ /A./9V $ WITNESS, that the grantor, for and in consideuaeion of the sum of FORTY.S EVEN THOUSAND FIVE HUNDRED AND 00/10(khs DOLLARS, ($47,500.00), the receipt and sufficiency of which is hereby aoimowledgcd, has granted, bargained, sold and conveyed; and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tummy, all the real property, together with improvements, if any, situate, lying and being in the County of WELD, and State of Colorado, described as follows: THE EAST. HALF (E1/2) OF THE: EAST HALF•(EIt2).OF THE NORTHWEST QUARTER(NWii4) OF SECTION SEVENTEEN (1), TOWNSHIP ONE (1) • NORTH, RANGE SIXTY-SEVEN (67) WEST OF THE SIXTH (6Th) P.M,, EXCEPT A FIFTY FOOT (30') ROAD EASEMENT ON THE NORTH, A FORTY FOOT (40') ROAD EASEMENT ON THE EAST AND A FORTY FOOT (40') ROAD EASEMENT ON THE SOUTH, COUNTY OF WELD, STATE OF COLORADO SELLERS ARE TO RETAIN ALL OIL, :AS, MINERAL AND WATER RIGHTS IF NOW OWNED BY SELLERS. also known by sheet and number as VACANT LAND, FORT LUPTON, COLORADO 84621 TOGETHER with all and singular the hereditsmcnts and appurtenances t atunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders. tents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in sad to the above bargained premises, with the hereditameats and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the apptlrtenineea, unto the entries, their heirs and asaigtts forever, And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, their heirs and assigns, that at the time of the =sealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sea and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargttins> sales, liens, taxa, assessments, encumbrances and restrictions of whatever kind or nature soever, etreept for taxes for the current year, a lien but not yet due or payable, easements, restrictions, rictions, reservations, covenants and rights -of -way of record, if say, The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawib ly claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the data set forth above. die by DONALD E. MCLAIN as Attorney in fact STATE OF COLORADO COUNTY OF ADAMS )as• ' instrument was acknowledged before me this SIR day of,3ANUARY,1994 by DONALD E. MCLAIN and DONALD rney in fact for CHERRIE M. MCLAIN 06-22-97 • .1 Witness my hand BRJ.GHTON,aCOLdSTREET50I horny Public Certifted Pee 0150 0000 eq n raL r' C7 U1 t'1 eq 0150 0000 3. e -q G ram US. Postal Service CERTIFIED MAIL, RECEIPT Postage Return, Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Toter Postage & Fees sag orP©Bar No. 7Zi a 1t1 t_ Pot. Seti+'errj f ra r aEiih1v Ti'•-twebsite• t�.7rtr i 'et4„itik, _ U.S. Postal Service C E RTIIPIE 'I RECEIPT (por estic matt rnty. ors:hisoranCe Postmark Here Csttttted Return Receipt Fee (Endorsement Requited) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees jl≥ `:"+F",rm ;1100 Postmark Hera ZCV 16-00083 S� a) a) CC C CO a) C e a) D is WELD COUNTY issr,INLINf MAPPIN<; Vi�_irrily Mao C Weld County Colorado This map is a user gent attd static ottpta from an tntemet masiping slat and is for Edema? any. Dee lams mat appear on tits map may a ma/ not be atcwalt, curter& or othenkse rdlable THIS MAP IS NOT TO t3E USEO FOR NAVicsATION Fat Ciulns kI amour/ rt Legend P'ercets foodpiain - Roodpipn - Roodplain - Floodplain - Fkoodplain - Floodplain - Fltedplain - Highway Road Road tigtirar Q Labels 500 Yea' 100 Yea Zeno A 100 Yea Floodwa 100 Yea Zone AE 100 Year Zone Al-i 100 Y ear Zone Al= County Boundary Notes \honity Map T'W rnap a use gerwted st t3t wtp * kam n fAtmet mars] sit and tc for n/Rerce a* Data dyers that *pas an the mapmay a may not to worstt current or dhtrwre rdlatlle THIS MAP 1S NOT TO BE USED FOR NAVIGATION Fioodplain -100 Yea- Zme A Floodplain -100 Yea Fioodria Floodplain - 100 Yea- Zone AE Floodplain -100 Y ear Zane At- Floodplain -100 Y ear Zone AO Highway Courts' Boundary '''mm.••• I Hello