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HomeMy WebLinkAbout20111132 RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1100023 AGAINST RYAN GALLATIN AND KAY COLLINS 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, Ryan Gallatin and Kay Collins, BCV #1100023, are 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 10th day of May, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, at the request of Planning staff, the Board deems it advisable to refer the matter back to the Department of Planning Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV#1100023 be, and hereby is, referred back to the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of May, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �', CUSED bara Kirkmeyer Chair Weld County Clerk to the Bo � .'� (, p t Fits �an P. onw y, Pro-Tem BY:Deputy Clerk to the Board c- i T. Ga cia ,PROED M: ck\-c David Long n Attorney e� is Svl Douglas Rademacher Date of signature: lG/731/ Q,L, QL1 Viol . 2011-1132 �Q _ 13 ll PL0824 t Planning Department BUILDING VIOLATION CASE SUMMARY Violation Number: BCV11-00023 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 19300 CR 76 RYAN P GALLATIN and KAY R COLLINS Mailing Address: 3127 51 AVE GREELEY, CO 80634 Phone: 970-534-1277 PARCEL: 070932000053-R0518801 Acreage: 0.94 Legal Description: PT NW4 32-7-65 LOT A REC EXEMPT RE-2366 (.08R.06D) LOCATION: Location South of and adjacent to County Road 76, East of County Road 39 North Agricultural properties South Agricultural properties East Agricultural properties West Agricultural properties NOTIFICATION INFORMATION: Certified Date 03/23/2011 Certified Reference Number 7008 3230 0000 0473 3592 Posted Date VIOLATION DESCRIPTION: Utilization period expired on permit number BCR09-00667 for a basement finish. VIOLATION REMEDY: A permit application and all applicable documentation shall be submitted for the basement finish, fees paid, the permit issued, and all inspections completed. RECOMMENDATION: Staff recommends this case be referred to the County Attorney for immediate action as Mr. Gallatin stated he would come to the office to get a new permit but has not. WORKFLOW SUMMARY: Case Initiation 03/03/2011 Initiated Violation 03/03/2011 Violation Notice Letter Violation 03/23/2011 Hearing Notification Report ID: CODE00027v003 Page 1 of 2 Print Date-Time:4/5/2011 1:30:32PM VIIRe Planning Department BUILDING VIOLATION CASE SUMMARY Phone call 04/05/2011 Phone call to Ryan Gallatin. I asked if he had received the letter scheduling the violation case with the BOCC on 04/12/2011, he said he had not. I told him the case is scheduled due to the expired permit for the basement finish. He said almost everything is done but I explained that we cannot complete inspections without a current permit. He will be in this week to get a new permit. Phone call 04/08/2011 Phone call to owner to advise 04/12/11 hearing was rescheduled to 05/10/11. He will be in prior to that date to get a new permit. Violation 04/19/2011 Hearing Notification advising of rescheduled hearing date. Phone call 05/05/2011 Phone call to Ryan Gallatin to remind of violation hearing on 05/10/11.. He stated he will be in today to submit a new permit application. Report ID: CODE00027v003 Page 1 of 2 Print Date-Time:4/5/2011 1:30:32PM DEPARTMr"1T OF PLANNING SERVICES BUIL ANG COMPLIANCE DIVISION. 18 6 I - 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 W E L DEC O U N T Y FAX 970-304-6498 April 19, 2011 RYAN P GALLATIN and KAY R COLLINS 19300 CR 76 EATON CO 80615 Subject BCV11-00023, Part of the NW4 of Section 32, T7N, R65W, of the 6t° P.M., Weld County, Colorado Dear Mr. Gallatin and Ms. Collins: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on May 10, 2011, at 10:00 a.m., as the property is in violation of the following Sections of the Weld County Code: Section 29-3-10 "Building permit required." Section 29-8-40 "Expiration of permit." To bring your property into compliance: A permit application and all applicable documentation shall be submitted for the basement finish,fees paid, the permit issued, and all inspections completed. 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. The Department of Building Inspection 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 contact me at the above address, telephone number or e-mail address. • rtY Peggy Gregory Building Compliance Officer pc: BCV11-00023 DEPARTMr"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 WELD.�000NTY • March 23, 2011 RYAN P GALLATIN and KAY R COLLINS 3127 51 AV GREELEY CO 80634 Subject BCV11-00023, Part of the NW4 of Section 32, T7N, R65W, of.the 6th P.M., Weld County, Colorado Dear Mr. Gallatin and Ms. Collins: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on April'12, 2011, at 10:00 a.m., as the property is in violation of the following Sections of the Weld County Code: Section 29-3-10 "Building permit required." Section 29-840 "Expiration of permit." To bring your property into compliance: A permit application and all applicable documentation shall be submitted for the basement finish,fees paid,the permit issued, and all inspections completed. 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. The Department of Building Inspection 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 contact me at the above address, telephone number or e-mail address. • Peggy Gregory" V Building Compliance Officer pc: BCV11-00023 • • (} DEPARTMENT OF PLANNING SERVICES If .etz;s\HBuilding Compliance Division 1555 North 17th 8065 Gre eley, Colorado 80631 II WEBSITE: www.co.weld.co.us E-MAIL: 970-353-6100weld.pgregory@co.weld.co.us VI ___ PHONE: 970-353-6100 x3568 FAX: 970-304-6498 COLORADO March 03, 2011 Ryan P Gallatin And Kay R Collins 3127 51 Ave Greeley,Co 80634 Building Violation Case: BCV11-00023 Expired Building Permit: BCR09-00667 Legal Description: PT NW4 32-7-65 LOT A REC EXEMPT RE-2366 (.08R.06D) Situs Address: 19300 CR 76 Dear Ryan P Gallatin And Kay R Collins: Your building permit on the above noted property has expired and is currently in violation of the following Section of the Weld County Code: 29-3-10 "Building permit required" 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.) 29-8-40"Expiration of permit." A. Every permit issued by the Building Official under the provisions of this Building Code shall expire by limitation and become null and void after the given utilization period has elapsed.The utilization period begins on the date of permit issuance. B. Exceptions.When a permit is issued,the Building Official may approve an expiration date exceeding the utilization period.The permittee must demonstrate that the complexity or size of the project makes completion of the project within the utilization period unreasonable. C. If the building or work authorized by a building permit has not received final inspection on or before the permit expiration date, all work shall cease until a new permit is issued. The permittee shall be eligible to apply for one(1)new permit upon the payment of permit fees to cover direct Weld County costs. The expiration date shall be determined by the scope of work to be completed. To bring your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the basement finish,fees paid,the permit issued,and all inspections completed. Page 1 of 2 Report ID: CODE00015v003 Print Date-Time: 3/3/2011 10:12:59AM DEPARTMENT OF PLANNING SERVICES Building Compliance Division 1555 North 17th Avenue Gre eley,Colorado 80631 WIlD WEBSITE: www.co.weld.co-us E-MAIL: pgregory@co.weld.co.us O PHONE: 970-353-6100 x3568 FAX: 970-304-6498 COLORADO 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 03/17/2011 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. 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. Sin 2 re Peggy Gregory Building Compliance Officer File: BCV11-00023 BCR09-00667 Page 2 of 2 Report ID: CODE00015v003 Pnnt Date-Time: 3/3/2011 10:12:59AM 1861 - 2011 DEPARTMENT OF PLANNING SERVICES . BUILDING COMPLIANCE DIVISION 1555 N. 17TH AVENUE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us W E L D_e O T Y E-MAIL ADDRESS: pgregory@co.weld.co.us 970-353-610O EXT 3568 FAX 97O-304-6498 February 3, 2011 RYAN P GALLATIN and KAY R COLLINS 19300 CR 76 EATON CO 80615 Subject: Permit# BCR09-00667, Part of the NW4 of Section 32, T7N, R65W of the 6`" P.M., Weld County Colorado Dear Mr. Gallatin and Ms. Collins: This letter is to remind you that a permit for a basement finish at 19300 County Road 76 was issued on March 2, 2010. According to our records, this permit will expire on March 2, 2011, and the required inspections have not been completed. The Weld County Code states: Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become void after the given utilization period has elapsed. The utilization period begins on the date of permit issuance. If the building or work authorized by a building permit has not received final inspection on or before the permit expiration date, all work shall cease until a new permit is issued. The permittee shall be eligible to apply for a new permit upon the payment of permit fees to cover direct Weld County costs. The expiration date shall be determined by the scope of work to be completed. The building permit holder may submit a request for an extension of time before the expiration of the utilization period. The Building Official may extend the building permit one (1) time, for a period not to exceed one hundred eighty (180) calendar days. Such request shall be submitted in writing and include the applicant's name, address, telephone number, the building permit number, site address, and a description of specific circumstances which prevented completion of the work prior to the expiration date. A processing fee of$52.00 shall be charged if a building permit extension is granted. An expired permit will result in a violation being issued and will remain open until all inspections are completed on a new permit and is subject to go before the Board of County Commissioners with written notice. page two You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. 6)HewSincerely, A rt Peggy Gregory Building Compliance Officer pc: BCR09-00667 ('"APARTMENT OF PLANNING SERVICES BUILDING INSPECTION DIVISION S \t 918 10th Street Greeley, CO 80631 70) 53-61www.c0 Ext. Phone: (970) 353-6100 Ext. 3540 Fax: (970) 304-6498 COLORADO March 02, 2010 Permit#: BCR09-00667 - Applied Date: 09/08/2009 Status: Issued Job Address: 19300 CR 76 Status Date: 03/O2/2010 Expiration Date: 3/2/2011 File Location: North Job Description: PERMIT 2300 SF BASEMENT FINISH FOR 2009 MANUF HOME-INCLUES TWO BEDROOMS, ONE FULL BATHROOM AND LIVING AREA W/WETBAR- REF: MFG09-00038 Parcel Number: 070932000053-R0518801 Zone District: Agricultural Occupancy Class: R-3 Residential, one-and two-family Valuation: $ 40,035.87 Owner Name: GALLATIN RYAN P & COLLINS KAY R Owner Address: 19300 CR 76 EATON, CO 80615 Contacts: Business Type/Relationship Address Phone GALLATIN RYAN Applicant 19300 CR 76 970-534-1277 EATON.CO 80615 DICK'S ELECTRIC Electrical Contractor 3025 16 ST 970-356-7662 GREELEY.CO 80631 General Contractor Owner .CO INNOVATIVE HEATING Mechanical Contractor 3612 MONTROSE ST 970-330-3051 EVANS.CO 80620 QUALITY PLUMBING Plumbing Contractor 41430 CR 33 970-454-3709 AULT.CO 80610 Setbacks: North NA South NA East NA West NA Fee Summary: Fee# Fee Description Account# Fee 31794 Building Permit Fee(Enter 1) 1000-25100-4222.200 $493.75 31795 Electrical Fee by Square Feet(Enter SQ FT) 1000-25100-4224-200 $93.00 31796 Minor Building Plan Review Fee(Enter 1) 1000-25100-4226-200 $50.00 $636.75 Report ID: BLDG00007v003 Page 1 of 2 Print Date-Time: 3/2/2010 12:24:43PM PARTMENT OF PLANNING SERVICES f� BUILDING INSPECTION DIVISION(41 918 10th Street Greeley, CO 80631 Web site: c40 Phone: (9 70) .co0. eIdExt 353 53-61 3540 Fax: (970) 304-6498 COLORADO March 02, 2010 Permit#: BCR09-00667 Payment Summary: Receipt# Payment Method Payment Ref# Payment Date Payment Amount 55079 Check 1020 03/02/2010 $636.75 $636.75 Outstanding Balance: Invoice# Balance Due 46468 $ 0.00 NOTICE The applicant,his agents and employees shall comply with all the rules,restrictions and requirements of Weld County Zoning Regulations and Weld County Building Codes goveming location,construction, and erection of the above proposed work for which this permit is granted.The Building Official or his agents are authorized to order the immediate cessation of construction at any time a violation of the codes or regulations appears to have occurred. Violations of any of the codes or regulations may result in the revocation of this permit. Buildings must conform with plans,as submitted to the department of building inspection.Any change of plans or layout must be approved prior to the change being made.Any change in the use or occupancy of a building or structure must be approved prior to proceeding with construction. The applicant is required to call for inspections at various stages of the construction,and in accordance with the aforesaid rule, the applicant shall give the building inspector not less than one day's notice to perform such activities. The permit must comply with current building department expiration policy.Weld County is not liable for workmanship. Permits are not transferable. Report ID: BLDG00007v003 Page 2 of 2 Print Date-Time: 3/2/2010 12:24:43PM Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0518801 Parcel#: 070932000053 - , Tax Area: 3885 4 u- ,m Bordering County. _. -. . . _ _ Acres:0.86 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 07 -65-32 -0 - Owners Name&Address: Property Address: GALLATIN RYAN P Street: 19300 76 CR 3127 51 AVE City: WELD GREELEY, CO 80634 Additional Owners: COLLINS KAY R Business/Complex: Sales Summary Sale Date Sale Price Deed Typg Reception # 6/6/2008 $75,000 SWD 3559197 Legal Description PT NW4 32-7-65 LOT A REC EXEMPT RE-2366 (.08R.06D) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 0.86 Land Subtotal: 0.86 $36,120 $2,880 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Out Building 2 Residential Improvements Subtotal: $321,352 $25,580 Total Property Value $357,472 $28,460 Building Details Account#: R0518801 Parcel#: 070932000053 Owners Name&Address: Property Address: GALLATIN RYAN P Street: 19300 76 CR 3127 51 AVE City: WELD GREELEY, CO 80634 Building# Property Type 1 Out Building http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=070932... 4/5/2011 Identify Results Page 2 of 2 Individual Built As Detail Built As: Equipment Building Year Built: 2009 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 3840 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R0518801 Parcel#: 070932000053 Owners Name&Address: Property Address: GALLATIN RYAN P Street: 19300 76 CR 3127 51 AVE City:WELD GREELEY, CO 80634 Building# Property Type 2 Residential Individual Built As Detail Built As: Modular Year Built: 2009 Exterior: Frame Hardboard HVAC: Central Air to Alr Interior Finish: Drywall Built As SQ Ft: 2379 #of Baths: 3 Roof Type: #of Bdrms: 5 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 0 Detached SQ Ft: 0 Basement: Total SQ Ft: 2379 Finished SQ Ft: 2379 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=070932... 4/5/2011 1111111 11111 11111111111 1111 1111111 111111111 tut 3559107 06/06/2008 03:38P Weld County,CO 1 of 1 R 6.00 D 7.50 Steve Moreno Clerk&Recorder SPECIAL WARRANTY DEED THIS DEED,Made this 6th day of June,2008 between B.Al Rudd and Collet Rudd of the County of Weld and State of COLORADO,grantor(s),and Ryan P.Gallatin whose legal address is 3127 51st Avenue Greeley,CO 80634 of the County of Weld,State of Colorado,grantee(s): WITNESS, That the grantor(s), for and in consideration of the sum of Seventy-Flve Thousand Dollars and NO/100's (875,000.00),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(s),his heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld,State of COLORADO,described as follows: Lot A of Recorded Exemption No.0709-32-2 RE2366 recorded January 8,1999 at Reception No.2665703,being a pan of the North h of Section 32,Township 7 North,Range 65 West of the 6s P.M.,County of Weld,State of Colorado. also known by street and number as 19300 Weld County Road 76,Eaton,CO 80615 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 all the estate,right,title,interest, claim and demand whatsoever of the grantor(s),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(s), his heirs,and assigns forever. The grantor(s),for himself,his heirs and personal representatives or successors,does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s),his heirs and assigns,against all and every person or persons claiming the whole or any part thereof, by,through or under the grantor(s). 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(s)has executed this deed on the date set forth above. SELLERS; B.Al Rudd Collet Rudd STATE OF COLORADO )ss: \ COUNTY OF Weld The foregoing instrument was acknowledged before me this 6th day a 2008114B.Al Ru d ands Collet Rudd Notary he Witness my hand and official seal. My Commission expires: Return: R.Gallatin ' ' 3127 51"Avenue LAJUNE PEARSON Greeley,CO 80634 NOTARY PUBLIC STATE OF COLORA00 kfri crovressien Wes Seat le 2008 SPWDTCI 01 Security Ttde Special Warmly Deed Towns in Common File No.5027417/ Hello