Loading...
HomeMy WebLinkAbout2.0 Zoning Violation Correspondence.pdfSteve Hackett Subject: Start Date: Due Date: Status: Percent Complete: Date Completed: Total Work: Actual Work: Owner: Categories: Miller, Mike & Nettie Friday, March 22, 2002 Friday, September 20, 2002 Completed 100% Thursday, September 19, 2002 O hours . O hours Steve Hackett Zoning Violation 0208 Miller Lane: Commercial Glass Co in ARRD, Illegal RV Dwellings. Filling in water course. CC to Sue Nall. Cited Sue Nall replaced by Mark Gilfillan. Report from Mark G., 3-29-02. Has done site visit with Mr. Miller and abatement of water course damage is in process. Mark will follow up. No response re RV dwellings or Glass Business in ARRD. F/U ltr 073002. 082002 Ltr received. CUP Ap sent. Compliance extended to 9-20-02 CUP for home occupation ap rec'd. Closed 1 August 19, 2002 Mike Miller P>O.Box897 Silt, CO 81652 Dear Mike, Garfield County BUILDING & PLANNING DEPARTMENT Code Compliance Office shackett@garfield-county.com Thanks for the letter that I received today. Let me clarify a few things for you in response to what you have written. Your property is located in the Agricultural/Residential zone district. I have included a copy of the regulations for that district. Business that are not agricultura~ or that have the appearance and impact of a commercial activity, are not allowed in that zone district. You may be able to apply for and receive a "conditional use" permit for a home occupation. I have included the application form for that. It is self explanatory. The requirements would be that the home occupation not have the appearance or impact of a commercial activity. In other words, you could have your office there, but no employees or customers coming or going, no advertising signs on the property, etc. That's the only thing you need to do to be in compliance with our zoning regulations. Chelewski Pipe is a legal business in the zone district only because it was there prior to 1973, when county zoning regulations took effect. It's called a pre-existing nonconforming use. Thank you for the clarification about RV's being used as dwellings. The only place that an RV can be used as a dwelling in Garfield County is in an RV park. I have had correspondence with the Corps of Engineers regarding the water course. Thank you for your cooperation. I appreciate your response. Yours truly, Steve Hackett Compliance Officer 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 Mike Miller P.O. Box897 Silt, Co 81652 970-625-3395 Garfield County Building & Planning 109 8th St Suite 303 Glenwood Springs, Co 81601 Attn: Steve Hackett Dear Sir, RECEIVED AUG 15 2002 GARFIELD COUNTY BUILDING & PLANNING I must first apologize for taking so long to reply to your letter. We have stopped by your office but you have not been in. First issue from your letter is the commercial business. We do not have a walk in business. Mostly we are subcontractors for new construction. We also do individual residential work. People call us on the phone, we go to their house and do the work. We have delivery of glass to us once a week, on Thursdays. If we are doing windows we have a delivery on Tuesdays also. It all depends on how busy we are. Second issue from your letter is the RV campers or single wide trailers being used as dwellings. There are no single wide trailers. We have a 5th wheel camper trailer. It is for recreation, sometimes as a jobsite trailer, we do not live in it. We have friends that from time to time come to visit who have motorhomes. They visit and then leave. We also have a friend who parks his motorhome here sometimes during the off season months when it is not in use. Third issue from your letter is the water course disturbance. We bought this property with 30 years of accumulated junk. We have cleaned ,and hauled, and worked very hard to make it look presentable. A gentleman from the Army Corp of Engineers came by. We walked the property and showed him we are trying to get rid of things, not putting them there. He had no problem with our efforts. He asked that we keep in touch and advise him of our progress. I can't imagine a neighbor hood complaint. Chelewski Pipe across the road has more activity in one day than we have in two months. We were not aware of doing anything wrong. Please let us know what we need to do. Respectfully, Mike Miller July 30, 2002 Mr. Mike Miller 0208 Miller Lane Rifle, CO 81650 Dear Mr. Miller, Garfield County BUILDING & PLANNING DEPARTMENT Code Compliance Office shackett@garfield-county.com Please refer to my letter of May 22, 2002 concerning alleged zoning violations on property owned by you at the above address. A copy of the letter is enclosed for your convenience. I have not heard from you concerning compliance activity on the issues of a commercial glass business in the AIR/RD zone district or RV's being used as dwellings. The next step in the compliance process is for me to schedule a meeting with the county board of commissioners to explain the case to them and request permission to refer it to the county attorney for prosecution. May I please hear from you, preferably in writing, in the very near future? Yours truly, Steve Hackett Compliance Officer 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 DEPARTMENT OF THE ARMY ~ · U.S. ARMY ENGINEER DISTRICT, SACRAMENTO 'irf (.'r-o .... CORPS OF ENGINEERS · 'UCJ V£n · . 1325 J STREET ~ 4flp 1 . REPLY TO ATTENTION OF SACRAMENTO, CALIFORNIA 95814-2922 If {) ~ April 8, 2002 Regulatory Branch 200275145 Mr. Mike Miller 0208 Miller Lane Rifle, Colorado 81650 Dear Mr. Miller: We are writing to you concerning the historical and unauthorized discharge of dredge and fill material into an unnamed wash on your property. The unauthorized discharge occurred at 0208 Miller Lane, within Section 5, Township 6 South, Range 92 West, Garfield County, Colorado. Specifically, we observed asphalt, concrete, and metal debris deposited in adjacent wetlands to the unnamed wash on your property. We understand that the dumping of the material was performed by the previous land owner and was not perpetrated by you. Section 404 of the Clean Water Act requires that a Department of the Army permit be obtained prior to discharging dredged or fill material, or excavation, in waters of the United States, including wetlands. Since a Department of the Army permit has not been issued authorizing this discharge the work is in violation of Section 404 of the Clean Water Act. To bring your project into compliance with Section 404 of the Clean Water Act as discussed on our site visit of March 29, 2002, all unacceptable fill in the adjacent wetlands of the unnamed wash must be removed to an upland area. This would include any asphalt, concrete, and metal car bodies and culverts. The bank of the wash must also be restored to pre-construction contours and conditions. Also discussed at our site visit of March 29th, if you would like to reconstruct your drive over this same unnamed wash, you would need to obtain a Department of the Army Permit. Information regarding the permitting process for this planned activity has already been sent to your address as requested. If you have questions, please contact Mr. Mark Gilfillan at telephone (970) 243-1199 extension 15. Copies Furnished: Sincerely, Ken Jacobson Chief, Colorado/Gunnison Basin Regulatory Office 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Mr. John Brink, U.S. Environmental Protection Agency, BENF-T, 999 18th Street, Suite 300, Denver, Colorado 80202-2466 Mr. Steve Hackett, Garfield County, 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 Mike & Nettie Miller 0208 Miller Lane Rifle CO 81650 Dear Mr. & Mrs. Miller, Garfield County BUILDING & PLANNING DEPARTMENT Code Compliance Office shackett@garfield-county.com This office has received neighborhood complaints concerning commercial activity, illegal dwellings and watercourse disturbance on property owned by you at the above address. It is a violation ofCRS 30-28-124 & 124.5, Garfield County zoning regulations, to operate a commercial glass business in the Agricultural/Residential Rural Density zone district. Further, it is alleged that RV campers or single wide trailers are being used as dwellings on the property. That is a violation of the same zone district regulations. Filling in of a water course that runs through the property may not be done unless permitted by the U. S. Army Corps ofEngineers. You are hereby given notice, pursuant to the above statutes, that you must completely correct the violations within thirty (30) days of the date this notice is received. Please be advised that violation of the above statutes is a misdemeanor crime punishable by a fine of not more than $100.00 or imprisonment for not more than ten days, or both, and that each day that the violation continues is deemed to be a separate offense. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below, or by e-mail at the address above. Sincerely, ~~y/_ Steve Hackett Compliance Officer CC: Sue Nall U.S. Army Corps of Engineers 402 Rood Ave, Room 142 Grand Junction, CO 81501 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470