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HomeMy WebLinkAbout20110608 RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1000143 AGAINST RONALD MCCRIMMON/RCJC, LLC FOR VIOLATION OF THE WELD COUNTY CODE 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, Ronald McCrimmon/RCJC, LLC, BCV #1000143, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 8th day of March, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Ronald McCrimmon, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until April 8, 2011, to allow adequate time for the property owner to meet with the Department of Planning Services to review the pre-application and to submit the application and all required documentation needed for Amended Use by Special Review Permit #726. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV #1000143 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Ronald McCrimmon to remedy the violation of the Weld County Code, 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, with an instruction for delay of action upon such referral until April 8, 2011, to allow adequate time for the property owner to meet with the Department of Planning Services to review the pre- application and to submit the application and all required documentation needed for Amended Use by Special Review Permit#726. eft- . ?V-, ViC1. 3- )1 _ I / 2011-0608 PL0824 VIOLATIONS — BCV#1000143 — MCCRIMMON/RCJC, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of March, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ►! ISM ♦ ATTEST: ' V' ' ! 9 EXCUSED < arbara Kirkmeyer, Chair Weld County Clerk to the C 44Q o ,EXCUSED ObAcSean ay, Pro-Tem ram. BY: U ' C�1'H` Deputy Clerk to the Board illi4m F. Ga APF,'ROVED A M: a F- avid E. Long, Actin Chaii rro-Tem my rney Dougla Rademac er "3 '�`_'Date of signature: �(���1 2011-0608 PL0824 'Ott; `Pt Planning Department BUILDING VIOLATION CASE SUMMARY Violation Number: BCV10-00143 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 16959 CR 44 RONALD MC CRIMMON Mailing Address: 16959 CR 44 UNIT A LA SALLE, CO 80645 Phone: 970-284-6770 PARCEL: 105714400007-R4711407 Acreage: 9.22 Legal Description: PT SE4 14 4 66 BEG SE COR OF SEC 14 BEG N1321.21'W30' S13D22W 520.66' S23D52W 411.28' S49D57W 636.28' S30' N89D56E 803.94'TO POB LOT A RE-850 LOCATION: Location The northwest corner of County roads 35 and 44 North Agricultural properties South Agricultural properties East Agricultural properties West Agricultural properties NOTIFICATION INFORMATION: Certified Date 01/25/2011 Certified Reference Number 7008 3230 0000 0473 3455 USPS Date Posted Date 02/01/2011 VIOLATION DESCRIPTION: Change of use of several tenant finishes within the large structure without first obtaining appropriate building permits. VIOLATION REMEDY: Remedy 1 Permit applications and all applicable documentation shall be submitted for the change of uses of various tenants, fees paid, the permits issued, and all inspections completed. RECOMMENDATION: Staff recommends this case be referred to the County Attorney but delay action for 30 days to allow the owner time to obtain and submit all the required information and permit applications. Report ID: CODE00027v003 Page 1 of 2 Print Date-Time:2/22/2011 9:27:22AM opt Planning Department BUILDING VIOLATION CASE SUMMARY WORKFLOW SUMMARY: Case Initiation 10/22/2010 Initiated Violation 11/17/2010 Pending Violation 12/15/2010 Violation Notice Letter Violation 01/25/2011 Hearing Notification OTHER CASE HISTORY 10/19/2010 Complaint Complaint of construction being done in commercial building without permits 10/21/2010 Phone Call Phone call from Ron McCrimmon. 2AMUSR had been approved just prior to the date he purchased the property. 10/22/2010 Phone Call I called Mr. McCrimmon to schedule a meeting for Monday, 10/25/10 at 10:30 a.m. 10/25/2010 Office Visit Ken Swanson and I met with Mr. McCrimmon. Prior to submittal of the building permit applications, he will need to hire a design professional (architect)for the change of use of the buildings (private garage where the tenant living in the house works on his personal cars, the tire shop, a shop to restore old autos (no paint booth) and one for the fabrication of small buildings) and for a separate building (trucks maintenance and repairs on oil company trucks). 11/24/2010 E-Mail Received E-mail from Ron McCrimmon. He has contacted three design professionals and has chosen Bruce Meyer Architects. 12/22/2010 Phone Call Phone call from Ron McCrimmon. The architect is working on the plans. 02/16/2011 Office Visit Ron McCrimmon was in the office today and met with Ken Swanson and Frank Piacentino. Plans were reviewed and Mr. McCrimmon was advised what additional information needs to be submitted. 02/24/2011 E-Mail Sent E-mail sent to Mr. McCrimmon from Ken Swanson outlining the items to be addressed on the construction documents. 02/25/2011 E-mail Sent E-mail to Mr. McCrimmon advising a pre-ap meeting shall be scheduled to determine if the current USR is adequate for all the uses currently on the property. Report ID: CODE00027v003 Page 1 of 2 Print Date-Time:2/22/2011 9:27:22AM DEPARTMENT OF PLANNING SERVICES (it Building Compliance Division ee North 17th 8065 Gre eley, Colorado 80631 ' WEBSITE: www.co.weld.co.us E-MAIL: Pgregory@co.weld.co.us g C PHOE: FAX:N 9703046498970-353-6100 x3568 COLORADO January 25,2011 Ronald Mc Crimmon 16959 Cr 44 Unit A La Salle,Co 80645 Building Violation Case: BCV10-00143 Legal Description: PT SE4 14 4 66 BEG SE COR OF SEC 14 BEG N1321.21'W30'S13D22W 520.66'S23D52W 411.28'S49D57W 636.28'S30'N89D56E 803.94'TO POB LOT A RE-850 Situs Address: 16959 Cr 44 Dear Ronald Mc Crimmon: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on 03/08/2011 at 10:00 AM . The above mentioned property remains in violation of the following Section(s)of the Weld County Code: No building or structure regulated by this Building Code shall be erected, constructed, enlarged,altered, repaired, moved, improved, removed,converted or demolished unless a separate building permit for each building or structure has been first obtained from the Building Inspection Department. (Before any demolition permits are issued, approval must be given by the Department of Public Health and Environment.) To bring your property into compliance with the Weld County Code: Permit applications and all applicable documentation shall be submitted for the change of uses of various tenants, fees paid, the permits issued,and all inspections completed. This hearing will take place in the County Commissioners Hearing Room, First Floor,Weld County Centennial Center, 915 10th Street,Greeley, Colorado. It is recommended that your or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the mad or adjacent properties the business day before or as soon as possible to the above mentioned violation hearing date. The Weld County Building Department will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal actions to remedy the violation. Our records indicate that your were made aware of the nature of the violation including the action necessary to correct the violation,and that you were given sufficient time to remedy this violation. If you have any questions conceming this matter, please call me. Page 1 of 2 Report ID: CODE0002av002 Print Date-Time: 1/25/2011 10:46:23AM AVEZ-9b-0L I I0Z/≤Z/t 'dual-aleD laud Z00n9Z00o34D0 -OI POdaH g;O g aced L ES`:Pastat`Service.ra1; CE rriREELIV AILui,RECEIPT abgleStbrid tat fritknrst rancr•Cllvrsg sPi+avidedj 4,11 -91,1io'BG'ib,�iu`,chs'fi=ga.lub�pl:i�i•:A'v'u':[.'AtYi. , , .. (` Postage $ Certified Fee Return Receipt Fee Postmark (Endorsement Required) Here Restricted Delivery Fee (Endorsement Required) O $ frl Total Postage E.Foes N in Sent To c0 Ronald McCrimmon, MAC Distributing cm Street,Apt.No.; 0 or PO Box No. 16959 CR 44, Unit A (ti City,State,Z/P+4 LaSalle, CO 80645 SF rgi�38 Au• • - See Hevdrsef rinsiruell ris "� � • q xHtlH� .. it Complete items 1,2,and 3.Also complete A. Sign ur- item 4 if Restricted Delivery is desired. �.� u!$ ' / � v. • Agent • Print your name and address on the reverse St i f tit ❑Addressee so that we can return the card to you. d B. Received by(P' :• ame) C. Dat 7f beliGr.�y • Attach this card to the back of the mailpiece, - /0,/en i '- or on the front if space permits. Al K ?` ID. Is delivery address diffe nt it .1? ❑Yes 1. Article Addressed to: If Y elivt { ❑ No RONALD MC CRIMMON FEBMAC DISTRIBUTING INC B 0 1 7011 16959 CR 44 , UNIT A • r L. rani'nt LA SALLE CO 80645 . CNun:: -�• )9{`a s.-senneerI- EELEY OFFICE Certified Mail O Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7008 3230 000E 0473 3455 £b100-01.A09alld (Transfer from service label,, ;3uel)dwo0 6uiplmg PS Form 3811, February 2004 Domestic Return Receipt 1025955-02-M.1sao AJooai0 666ed 1,14,& 'X10 vows •0(117110'100 96b9-b0£-OL6 OHd 89S£x 00L9-£9£-02.6 �3NOHde luR sn co !Diem co@AJo6ai5d :1IVLN-a I sn oo plelA oo iwym 311S99M 1.£908 opeuolo0 'lalaa0 anuany LULL 4UoN SSE;I uolsinic eauelldwo0 6ulpOns u (;) S3DVy213S ONINNV1d dO IN3W1HVd30 DEPARTMENT OF PLANNING SERVICES Cos• Building Compliance Division 1555 North 17th 8065 Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us wipe, pgregory@co.weld.co.us PHONE: 970-353-6100 x3568 FAX: 970-304-6498 COLORADO December 15, 2010 Ronald Mc Crimmon 16959 Cr 44 Unit A La Salle, Co 80645 Building Violation Case: BCV10-00143 Legal Description: PT SE4 14 4 66 BEG SE COR OF SEC 14 BEG N1321.21'W30' 513D22W 520.66'323052W 411.28'S49D57W 636.28' S30'N89D56E 803.94'TO PCB LOT A RE-850 Situs Address: 16959 CR 44 Dear Ronald Mc Crimmon: It has been determined that the above noted property is currently in violation of the following Section of the Weld County Code: No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate building permit for each building or structure has been first obtained from the Building laspection Department. (Before any demolition permits are issued, approval must be given by the Department of Public Health and Environment.) To bring your property into compliance with the Weld County Code: Permit applications and all applicable documentation shall be submitted for the change of uses of various tenants, fees paid, the permits issued, and all inspections completed. 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 12/29/2010 to correct this building 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 useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone 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. Page 1 of 2 Report ID: COD E000384003 Print Dale-Time: 12/15/2010 10:45:20AM DEPARTMENT OF PLANNING SERVICES Building Compliance Division (71 1555 North 17th Avenue Gre eley,Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL:• pgregory@co.weld.co.us PHONE: FAX: 970-304-6498 100 x3568 COLORADO Sincerely, ,�f�- 6D-Wi PY Peggy Gregory Building Compliance Officer File: BCV10-00143 E Page 2 oft Report ID: CODE00008v003 Print Date-Time: 12/15/2010 10:45:20AM (it 0 DEPARTMENT OF PLANNING SERVICES Building Compliance Division 1555 N 17th AVE, Greeley, CO 80631 ll Website: www.co.weld.co.us E-mail Address: pgregory@co.weld.co.us C. Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO November 17, 2010 RONALD McCRIMMON MAD DISTRIBUTING INC 16959 CR 44, UNIT A LASALLE CO 80645 Subject: BCV10-00143 Part of the SE4 of Section 14, T4N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. McCrimmon: On October 21,2010,you were advised by Weld County personnel that permits are required for change of use of some of the tenant units at 16595 County Road 44. On October 25, 2010, you met with Ken Swanson, Building Official, and myself. At that time,we reviewed the different businesses involved and what information needs to be submitted. To date, no permit applications have been submitted and no further progress has been made. Please contact me within 10 days from the date of this letter as to you plans to remedy this violation. Thank you for your cooperation in this matter. Should you have any questions or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. S�ly, Peggy Gregory Art P Building Compliance Officer pc: BCV10-00143 Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4711407 Parcel#: 105714400007 Tax Area: 0138 Bordering County: Acres: 8.65 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 04- 66- 14 -4 __ Owners Name&Address: Property Address: RCJC LLC Street: 16885 44 CR 391914 ST SW City: WELD LOVELAND, CO 80537 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description PT SE4 14 4 66 BEG SE COR OF SEC 14 BEG N1321.21'W30'S13D22W 520.66'523D52W 411.28'S49D57W 636.28' 530' N89D56E 803.94'TO POB LOT A RE-850 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Commercial 2135 Acres 7.6 Residential 1112 Acres 1.05 Land Subtotal: 8.65 $77,850 $20,590 Buildings Valuation Summary Bidg# Property Type Actual Value Assessed Value 1 Residential 2 Commercial 3 Commercial Improvements Subtotal: $926,021 $217,920 Total Property Value $1,003,871 $238,510 Building Details Account#: R4711407 Parcel#: 105714400007 Owners Name&Address: Property Address: RCJC LLC Street: 16885 44 CR 3919 14 ST SW City: WELD LOVELAND, CO 80537 5uildine# Property Type 1 Residential http://maps2.merrick.com/Website/Weld/setSq 1.asp?cmd=QUERY&DET=PP&pin=1057... 10/18/2010 Identify Results Page 2 of 3 Individual Built As Detail Built As: 2 Story Year Built: 1987 Exterior: Frame Hardboard HVAC: Hot Water Baseboard Interior Finish: Drywall Built As SQ Ft: 2642 #of Baths: 3 Roof Type: # of Bdrms: 3 Roof Coven Composition Shingle #of Stories: 2 Rooms: 9 Units: 0 Garage: Attached SQ Ft: 600 Detached SQ Ft: 0 Basement: Total SQ Ft: 1014 Finished SQ Ft: 200 Account#: R4711407 Parcel#: 105714400007 Owners Name&Address: Property Address: ROC LLC Street: 16885 44 CR 3919 14 ST SW City:WELD LOVELAND, CO 80537 Building# Property Type 2 Commercial Individual Built As Detail Built As: Storage - Potato Year Built: 1987 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 46513 IS of Baths: 0 Roof Type: If of Bdrms: 0 Roof Cover: it of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4711407 Parcel#: 105714400007 Owners Name&Address: Property Address: ROC LLC Street: 16885 44 CR 3919 14 ST SW City: WELD LOVELAND, CO 80537 Building* Property Type 3 Commercial Individual Built As Detail Built As: Storage Warehouse Year Built: 1997 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 11000 #of Baths: 0 Roof Type: If of Bdrms: 0 Roof Cover: if of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: c Detached SQ Ft: Basement: http://maps2.memck.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1057... 10/18/2010 CO I VIII IIIII IIIII!Liu IIIII 111111 IIIII III IIIII IIII III 5j 134o58B1B A 6.00 C 120 O0 Steve Moreno 10:09A Weld RClerk&Recorder WARRANTY DEED THIS DEED,Made this 23rd day of Febmury,2007 between Ralph Nix Produce,Inc.,A Colorado Corporation of the City and County of Weld,State of Colorado,grantor and RCJC,LLC,a Colorado limited liability company whose legal address is:3966 14th Street SW,Loveland,Co 80537, of the City and County of Weld,State of Colorado,grantee: WITNESSETH,That the grantor for and in consideration of the sum of One Million Two Hundred Thousand Dollars and NO/100's($1,200,000.00)the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm,unto the grantee,his heirs and assigns forever, all the real property together with improvements,if any,situate,lying and being in the City and County of Weld,and State of COLORADO,described as follows: Lot A of Recorded Exemption No. 1057-14-4-RE 850,recorded April 25,1986 in Book 1110 at Reception No.2051240,being a part of the Southeast Quarter of Section 14,Township 4 North,Range 66 West of the 6"' P.M., County of Weld, State of Colorado, also known by sheet and number as 16959 WCR 44 and 16885 WCR 44,LaSalle,CO 80645 TOGETHER with all and singular the heredilaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,tills,interest, claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs,and personal representatives,does covenant,grant,bargain and agree to and with the grantee,his heirs and assigns,that at the time of the caseating 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,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature soever,except all taxes and assessments for the current year,a lien but not yet due or payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a"Title Review",of the contract dated April 3,2006,between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns,against all and every person or persons lawfully 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 date set forth above. SEL ER: r h Nix Prod cc Inc.,a Cola a o Corpo/lion li Y.I", W.Nix,Pr a.cat •� STATE OF COLORADO }ss: - . , COUNTY OF Weld .t The foregoing instrument was acknowledged before me this 23rd day of February,2007 by Jerry W.Nix,President of Ralph Nis Produce,Inc..A Colorado Corporation • Witness my hand and official seal. ,.-a - — ' Public My Commission expires:7/21/10 1'\ P ~• Nt • . Ih.C.A K. :Q :i I.(IOI.OPC%J .. WDPHOTO Wananty Deed(For Photographic Record)updated 12006 ` No.S0ty 2632 File No.S0132632 Hello