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Home My WebLink About20111656.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1000088 AGAINST COUNTRY TIME, LLC/ CARL WEMHOFF 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, Country Time, LLC/Carl Wemhoff, BCV #1000088, 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 12th day of July, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Carl Wemhoff, 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 August 12, 2011, to allow adequate time for the necessary permit applications to be submitted. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV #1000088 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Country Time, LLC/ Carl Wemhoff 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 August 12, 2011, to allow adequate time for the necessary permit applications to be submitted. . PL Vi Di . _ Di - 2011-1656 PL0824 VIOLATIONS - BCV#1000088 - COUNTRY TIME, LLC/CARL WEMHOFF PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of July, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD OUNTYpORADO ATTEST: B ara Kirkmeyet, Chai Weld County Clerk to s stO. 42 EXCUSED l;ir�� ♦ Sean P. ay, Pro-Tern �•�(J 1 Deputy Clerk to the B. �..►� m F. Garcia APVEDASTOFO • Eu� A avid E. Long County Attor ey Douglas ademach r Date of signature: 7ZG/7 2011-1656 PL0824 Wi`De COLORADO Planning Department BUILDING VIOLATION CASE SUMMARY Violation Number: BCV10-00088 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 3653 CR 17 COUNTRY TIME LLC Mailing Address: 4465 W 94TH AVENUE WESTMINSTER, CO 80031 PARCEL: 146917100048-R4227906 Acreage: 2.50 Legal Description: PT SE4NE4 17-1-67 SUB EXEMPT SE-1052 LOCATION: Location West of County Road 17, South of County Road 10 North Agricultural properties South Agricultural properties East Agricultural properties West Agricultural properties and Dacono NOTIFICATION INFORMATION: Certified Date 06/17/2011 Certified Reference Number 7010 1870 0000 4773 8953 Posted Date VIOLATION DESCRIPTION: Change of use of the existing single family dwelling to a medical marijuana grow facility without the required permit. VIOLATION REMEDY: A permit application and all applicable documentation shall be submitted for the change of use and/or work done without a permit, fees paid, the permit issued, and all inspections completed OR the structure shall be returned to the previous use. RECOMMENDATION: STAFF RECOMMENDS THIS CASE BE REFERRED TO THE COUNTY ATTORNEY FOR IMMEDIATE ACTION AS THE OWNER IS AWARE BUILDING PERMITS ARE REQUIRED FOR THE CHANGES TO THE SINGLE FAMILY DWELLING. WORKFLOW SUMMARY: Case Initiation 07/01/2010 Initiated Violation 06/17/2011 Violation Notice Letter Violation 06/17/2011 Hearing Notification 2011-1656 Report ID: CODE00027v003 Page i or Print Date -Time: 7/7/2011 11:44:37AM Asti COLORADO Planning Department BUILDING VIOLATION CASE SUMMARY OTHER CASE HISTORY: 06/30/2011 Office Visit Building permit application submitted for change of use of the existing single family dwelling for a medical marijuana grow facility. 04/19/2011 E-mail E-mail from LuAnn Penfold to Ken Swanson regarding the "crazy" electrical in the structure. Ken spoke to an employee at Country Time and requested they contact a licensed electrician to assess the building for wiring compliance and that he get a letter that addresses any concerns. 04/22/2011 E-mail E-mail from Jodi of County Time with an attached letter from an electrician regarding the electrical concerns. 04/29/2011 E-mail E-mail from Ken Swanson to Jodi stating the letter did not address the concerns. It needs to state the existing wiring is safe and the recently installed wring meets the requirements of the 2008 NEC. 05/05/2011 E-mail E-mail from Ken Swanson to LuAnn Penfold stating he had received a letter from a licensed electrician who stated he has no life safety issues with the electrical and he assumes all liability for any adverse consequences resulting from the electrical system. INSPECTION SUMMARY: Report ID: CODE00027v003 Page 1 of 2 Print Date -Time: 7/7/2011 11:44:37AM DEPARTIF 1T OF PLANNING SERVICES BUIL_ING COMPLIANCE DIVISION 1861 - 2011 1555 N. 17TH AVENUE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL ADDRESS: pgregory@co.weld.co.us 970-353-6100 EXT 3568 FAX 970-304-6498 WELo COUNTY June 17, 2011 CARL WEMHOFF 3653 CR 17 BRIGHTON CO 80603 COUNTY TIME LLC 4465 W 95 AV WESTMINSTER CO 80031 Subject BCV10-00088, Part of the NE4 of Section 17, TIN, R67W, of the 6th P.M., Weld County, Colorado Dear Mr. Wemhoff: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on July 12, 2011, at 10:00 a.m., to consider the violations. The property is in violation of the following Sections of the Weld County Code: Section 29-3-10 "Building permit required." Section 29-3-40.8 "Additions, alterations, or repairs." Section 29-3-50.6 "Existing use or occupancy." To bring your property into compliance: Permit application(s) and all applicable documentation shall be submitted for any changes, additions, alterations, or repairs which have been made to any structure(s) being used for the medical marijuana grow facility, fees paid, the permit(s) issued,and all inspections completed. OR Remove all changes, additions, alterations, or repairs and schedule an inspection to verify the structure is no longer a medical marijuana grow facility. To schedule an inspection with Frank Piacentino from the Building Inspection Department, call 970-353- 6100 Ext. 3531 or with Bethany Salzman, Zoning Compliance Officer, call 970-353-6100 Ext. 3555. This meeting will take place in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. -1973,.i L - I r {' 'Vh t R • 'e..$RYf� 's1 e ��I&J le- d'4`t+' •� F• . � wt as 4t...- dr (r :EF`� Fh..7t qt +,(e, :> 4 , 1 K r r�@ rII ^ a t �p„do,: I e r( '� E r.r��{i. � i �uaGk.11- t dbti {,1:;;;;"‘:,,,,.1/4,.;,,,,.:,,,,',' : IT I m I N r- Postaae S r- Poser, S S S Carolled Fee st Certified Fee Pa marl, C C Raturn Receipt Fee HerePostmark C (Endoruement Required) C Rclurn Receipt Fee C (Enco5emal e Ragmred) Here C Rsctuded Delivery Fee O tccro:semen;Required) .r_oiseclod Celleery Fne CI C r_narsemen'ResupsV) i i f— Iot,I Postage S.Fees $ Cr local Postage I.Fees I a _ to 111YL-Q L L ' CI I C Po Box Nu .31.6).55 L!_ n C No cal NO CIF h :�o �� G��y{ . 05/04/2012 13:14 01 PAGE 02/02 • • • • • • To who it may concern. The electrical us of the CountryTime LLC/Werbal Remed property at WCR 17 is as foil : • Origins wiring done by others is in need some upgrade. Please note that the current electri I system has no life issu and all new wiring meets the 2008 NEC. The system also monitored for safety. I, n Kurtz assume all liability for any adverse conseq resulting from the electri I system at the property. As currently directed by the er, I am scheduled to remove he entire system after June 30th, 2011. Any fu er questions 1 can be reached 970-291-9686. Don P. untz/Owner, Current Electric M untain Division 28203 .ster Electrical 7876 1 Contractor • • • . • • • T00/ T00'd ZLZOO OS:ET TTOZ/SO/S0 To whom it may concern. The electrical status of the CountryTime LLC/Herbal Remedies property at WCR 17 is as follows: Original wiring done by others is in need of some upgrade. Current system appears to have no life safety issues. Current system seems to satisfy needs of owner. My company Current Electrical took on the job of recreating the entire electrical system. To start I contacted local electrical inspector Jon at 970-353-6100. As I serve as the stand in electrical inspector for Routt County I know this is the best and safest place to start a job like this. I asked John what he would like to see as far as flexible fixture cords, j-boxes etc. We came to an agreement and a plan on a proper install. Work to upgrade system began on 1-12-11. To start a new sub-feeder pipe rack was installed to ceiling to supply proper panel boards at each room. 5 conduit runs were assembled and pulled. Preparations to rewire the first room to code were underway. I hope this helps. Will be glad to help in any way possible. Don Kuntz/Owner, Licensed Master, Licensed Contractor. Any further questions I can be reached at 970-291-9686. ram fia) Peggy Gregory From: LuAnn Penfold [Ipenfold1101@gmail.com] Sent: Tuesday, April 19, 2011 1:25 PM To: Kenneth Swanson Cc: Peggy Gregory Subject: Re: 3653 Weld County Road 17 These people seems nice and wanting to cooperate but I believe that they are thinking that the Planning Department/Commissioners are going to make them go away in June so they don't want to put a bunch of money into electrical. I have also noticed that they had run new busways - don't know if that is the correct term, but stopped work here because they thought they were going to go away. They did say as soon as the know if they can stay the have plans to fix everything. This was originally built as a residence with a garage. They have breached the garage/residence with two big holes for ventillation. They know they will have to fix that. A little worried about the wiring and told them that. On Tue,Apr 19,2011 at 12:53 PM, Kenneth Swanson<kswanson@co.weld.co.us> wrote: Thanks LuAnn, I will look into this Hi Peggy, will you please look this up and let me know where we are on this one. Based on LuAnn's e-mail, I would like to send our electrical inspector out. If the electrical inspector finds this serious enough, I may need to request a service disconnect. I believe an investigation is needed here and we'll assess the appropriate moves after I visiting with the inspector upon his visit. Please supply the inspector with LuAnn's e-mail so he understands what he is dealing with. We probably should contact the owners and/or occupants of the property. Thanks, ken Ken Swanson, CBO Building Official Weld County Planning Services 1555 N. 17th Ave. Greeley. CO. 80630 tel: (979) 353-6100 ext.3548 fax:070)304-6498 kswanson@co.weldco.us 1 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure.copying.distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: LuAnn Penfold[mailto:lpenfoldl I01 @gmail.com] Sent:Tuesday,April 19,2011 12:36 PM To: Kenneth Swanson;Kim Ogle Subject:3653 Weld County Road 17 Hello Ken and Kim, We were called out to this location on a false alarm this is a medical marijuna grow facility. Someone sent a text to the owner saying they were going to burn the place down or it was on fire - I'm not sure. Anyway, we responded on an electrical fire last year. I spoke to them about the wiring and they said they would take care of the issues. Went I went back last summer it was always locked up and so I thought they were shut down. Anyway, I was out last week. They have let the employees go that I delt with last year. The wiring out there is crazy, but they have made improvements are are willing to contine to make improvements if they are allowed to stay. Has anyone from your office looked at the wiring at all. I hate to have to have them spend a bunch of money if they are going to have to clear out in June, but at the same time I am concerned. I've asked them to button up a lot of open wires for now and make sure they have good access to exits, but I don't know where to go from here. Any thoughts? LuAnn 2 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4227906 Parcel#: 146917100048 p�...V-�_�...v-. ...- ..�. . . -_ a....., r. ... ..... ...m.. -.... .... � .. .... .e..... ...... u.1 Tax Area: 3149 Bordering County: Acres: 2.5 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 01 -67- 17 - 1 - - Owners Name&Address: Property Address: COUNTRY TIME LLC Sheet: 3653 17 CR 4465 W 94TH AVENUE City: WELD WESTMINSTER,CO 60031 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 9/11/2009 $200,000 SWD 3652674 Legal Description PT SE4NE4 17-1-67 SUB EXEMPT SE-1052 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4147 Acres 1.24 Commercial 4180 Acres 1.26 Land Subtotal: 2.5 $18,915 $5,490 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $696,660 $87,700 Total Property Value $715,575 $93,190 Building Details Account#: R4227906 Parcel#: 146917100048 Owners Name&Address: Property Address: COUNTRY TIME LLC Street: 3653 17 CR 4465 W 94TH AVENUE City:WELD WESTMINSTER, CO 80031 Building# Property Type 1 Residential Individual Built As Detail Built As: 2 Story Year Built: 2005 Exterior: Frame Stucco HVAC: Hot Water Radiant http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=146917... 7/1/2010 Identify Results Page 2 of 2 'a1 Interior Finish: Drywall Built As SQ Ft: 15195 #of Baths: 5 Roof Type: Gable #of Bdrms: 5 Roof Cover: Preformed Metal #of Stories: 2 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 3125 Detached SQ Ft: 0 Basement: Total SQ Ft: 0 Finished SQ Ft: 0 http://maps2.merrick.com/Website/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=146917... 7/1/2010 1111111111 II U III 111►►1►III 111111111111111 1►1►111► Oj 3712095 08/16/2010 12:33P Weld County, :of 2 R 16.00 O 0.00 Steve Moreno Clerk& Recorder EXHIBIT 3 STATEMENT OF AUTHORITY (Section 38-30-172,C.R.S.) I. This Statement of Authority relates to an entity named Country Time LLC. 2. The type of entity is a: ❑ corporation ❑ registered limited liability partnership ❑nonprofit corporation ❑registered limited liability limited partnership Z limited liability company ❑ limited partnership association ❑general partnership ❑joint venture ❑ limited partnership ❑trust 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is: Country Time LLC 4465 W. 94th Avenue Westminster, Colorado 80031 5. The name of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real or personal property and execute loan documents on behalf of the entity is: Carl Wemhoff 6. The authority of the foregoing person to bind the entity is ® not limited ❑ limited as follows: 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-3O-172, C.R.S. 8. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. P ` 1 1111111 NMI IIII In IIII IIIIII11 III HIM Ill 3712095 08/16/2010 12:33P Weld County, CO 2 of 2 R 16.00 D 0.00 Steve Moreno Clerk 8 Recorder Executed this da ofsf-A.-- 2010 CO E LL ,a lorado limited liability company By: rl Wemh ,M ager STATE OF CO )ss. COUNTY OF ) �{ 2rcX nThe foregoing instrument was acknowledged before me on the �l day of 7 Ili V$-' , 2010, by Carl Wemhoff, Manager of Country Time LLC, a Colorado-iimited liability company. Witness my hand and official cal. My commission expires: S le)] 1.20G ALEXANDRA BIGELOW Nota u is Notary Public State of Colorado 111111111111111111111111111111; 111111111111111111111 094 3712094 08/16/2010 12:33P Weld County, CO 1 of 1 R 11.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT 2 QUITCLAIM DEED THIS DEED dated this 3 day,of 2010,between Country Time LW,n Colorado limited li ility company and Curl Wemhoff,whose address is 4465 W.54th Avenue,Westminster,Colorado 80031, Grantors and John Underhill and Laura Underhill,whose legal address is 8206 WCR 8,Brighton,Colorado, 800603, WITNESS, that the grantors,for good and valuable consideration paid by grantee,the receipt and sufficiency of which is hereby acknowledged,have remised,released,sold,and QUITCLAIMED,and by these presents does remise,release,sell,and QUITCLAIM unto the grantee,their heirs,successors and assigns,forever,all the right,title,interest,claim and demand which the grantors have in and to 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 NORTHEAST%OF SECTION 17,TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE C't P.M.,COUNTY OF WELD,STATE OF COLORADO,EXCEPT SUBDIVISION EXEMPTION NO.1052,RECORDED DECEMBER 6,2005 AT RECEPTION NO.3345127 BUT INCLUDING AN EASEMENT FOR ACCESS RECORDED SEPTEMBER 27,2007 AT RECEPTION NO.3507233 AND RECORDED JANAURY 31,2008 AND ALSO INCLUDING ANY INTEREST IN THAT 30'INGRESS AND EGRESS EASEMENT SHOWN ON THE PLAT OF SUBDIVISION EXEMPTION NO. 1052. TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,Issues,and profits thereof,and al the estate,right,title,interest,claim and demand whatsoever of the grantors,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. The singular shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,The grantors have executed this deed on the date set forth above. GRA RS: Country Tiy By: Iwemb C rl em o STATE OFCC ORAO I Ss. COUNTY Of `trial l _J The forgoing lnenmlenl was acknowledged befaa me this C-3 day,of 416430 io,by Carl Wambold,individually and as orCaxnay Time,LLC.a Colorado limited!lability company.. /) Witness my/landandoffdat �y�� My Commission Expires: D' 201 (9ceni� fail 3 !�� .� NotaryP Ik ALEXANDRA BIGELOW Notary Public State of Colorado O " M MN O qrj II I O WN 82 p _ e 0-J o 0 0 0 _ fR a 0• W 0 -. ®® N D all ^oo 0• W 0 co 0 fCoft OI — �N O W04 0 6 v ❑43 b fSQa.imm O O f W 0 0 K — h4If. * ......- J./.0.11".V./.1 Velli� W f-JI- i0 0 — .,Vri.VE CJ Dian) W ._ 1,4-14,21:,•71a.::, 0 F>4 0 ----r- 0 Wyz t ft JJ 0 SSV131SLIId W C+ N f- 0 W 0 0 -= `N Z X, . H O n z o '+ m ❑ 0 a LID oCO L.L. C r ° W _ (II w r' o 3u = J m , C f U M CL di In .L In ex 0 Iii ft Q N O Co M p w co F-• X W cc m W � o W CC ofLo Z o - 1\' 03 J - X11 w 3 Hello