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Home My WebLink About20111146 RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1100011 AGAINST ADOLFO GOMEZ, JR., 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, Adolfo Gomez, Jr., BCV #1100011, 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 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, Adolfo Gomes, Jr., property owner, was present at said hearing, and was represented by Barbara Morgan, and WHEREAS, after hearing the testimony and statements provided, 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#1100011 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 fiATTEST: � �� EXCUSED r _ � Barbara Kirkmeyer, Chair 861 Weld County Clerk to th ti-o r � Set-ix/ Conway, Pro-Tem BY ��/� � / �' ►i ► � �� Deputy Clerk to the Board ��►�+�� William F. Garcia APP AST //j EXCUSED David E. Long County Attorney Douglas Rademache Date of signature: W7/ii PL, Vic)l 2011-1146 PL0824 fetes Am Planning Department BUILDING VIOLATION CASE SUMMARY Violation Number: BCV11-00011 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 734 S DENVER AV GOMEZ ADOLFO JR Mailing Address: 11808 Maiden Way Northglenn, CO 80233 Phone: 720-934-2693 PARCEL: 147108200041-R4402106 Acreage: 0.57 Legal Description: PT NW4 8-1-66 COM AT A PT 741.38'S OF NW COR OF NW4 TH E271.03'TO POB E163.97' S150'W163.97' N150'TO POB LOCATION: Location: East of Denver Avenue, Between County Road 10 and 12 North: Low Density Residential Properties South: Low Density Residential Properties East City of Fort Lupton West: Low Density Residential Properties NOTIFICATION INFORMATION: Certified Date 03/15/2011 Certified Reference Number 7010 1870 0000 4773 7932 USPS Date Posted Date VIOLATION DESCRIPTION: Unpermitted structure VIOLATION REMEDY: A permit application an all applicable documentation shall be submitted for the"equipment building" built without a permit, fees paid, the permit issued, and all inspections completed. RECOMMENDATION: Staff recommends this case be referred to the County Attorney for immediate action WORKFLOW SUMMARY: Case Initiation 01/26/2011 Initiated Violation 01/26/2011 Violation Notice Letter Violation 03/15/2011 Hearing Notification OTHER CASE HISTORY: 04/05/2011 Phone Call Bethany received a phone message from Mr. Gomez. She and I returned his phone call on speaker phone. He has moved and had not received all our letters. He is now living with Barbara Morgan. We explained the violations to both of them. They have evicted the tenant that is living in the camper. I told them the building has never been permitted and probably now need to be engineered and portions removed to meet setbacks. She is concemed about the cost and says their financial situation is not good. Mr. Gomez has been Report ID: CODE00027v003 Page 1 of 3 Print Date-Time:4/26/2011 11:24:52AM ilia* Planning Department BUILDING VIOLATION CASE SUMMARY diagnosed with early Alzheimer's. Bethany and I agreed to continue the case to the May 10, 2011, BOCC hearing and give them time to decide how they want to proceed. We will fax copies of all our letters to them along with the letter to advise of the May 10 hearing date. 04/05/2011 FAX Sent Bethany and I faxed the letters that had been mailed to Mr. Gomez at his previous address. We also faxed the letters scheduling the violation case for May 10, 2011. Fax#-303-280-2341 04/07/2011 Phone Call Phone call to Barbara Morgan to advise her the fax I sent did not go through. She gave me her work fax number(877-814-9615). She said the tenant in the outbuilding does warranty work(repair)on counter tops. I explained to her that is still a commercial business and is not allowed. I also told reminded her the building has never been permitted and obviously electrical has been installed and never been inspected. I then asked Bethany to join us and put Barbara on speaker phone. Bethany explained to her exactly what the building can be used for and gave her more information about the derelict vehicles. Barbara stated there are four residences on the property. I will fax the letters we have attempted to mail to the new fax number. 04/11/2011 Phone Call Phone call from Barbara Morgan. She said she spoke with Ken Burough (previous owner) and he stated he was issued an ag exempt permit for the building. I told her our records show the only ag exempt permit he received was for a different property. Our records show a building permit for a 1440 SF building (BP45610) but not a 2500 SF building. She asked if I would call Ken Burough for her (303-913-6812). 04/11/2011 Phone Call Phone call to Ken Burough. He said he did get an ag exempt permit for that building. I told him there is no ag exempt permit for that property but there is a building permit for a 1440 SF building. He said he may have built an 18X36 addition onto the building without a permit. I told him the structure is built over the property line but he doesn't believe it is. He said someone may have to get a survey done. He said he will try to help the Gomez'fix the violation. Report ID: CODE00027v003 Page 1 of 3 Print Date-Time:4/26/2011 11:24:52AM ( ` DEPARTP` 1T OF PLANNING SERVICES BUILDING COMPLIANCE DIVISION 18 6 I - 2 0 I 1 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�COUNTY April 6, 2011 • ADOLFO GOMEZ JR 11808 MAIDEN WAY NORTHGLENN CO 80233 Subject BCV11-00011, Part of the NW4 of Section 8, T1 N, R66W, of the 6th P.M., Weld County, Colorado Dear Mr. Gomez: 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., to consider the violations. The property is in violation of the following Section of the Weld County Code: Section 29-3-10 "Building permit required." To bring your property into compliance: A permit application and all applicable documentation shall be submitted for the "equipment building,"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. S'r -re Peggy Gregory Building Compliance Officer pc: BCV11-00011 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 DEC O U N T Y E-MAIL ADDRESS: pgregory@co.weld.co.us 970-353-6100 EXT 3568 FAX 970-304-6498 WELD COUNTY BUILDING CODE VIOLATION NOTICE January 26, 2011 ADOLFO GOMEZ JR 1350 BOSTON ST AURORA CO 80010 Subject BCV11-00011, Part of the NW4 of Section 8, T1 N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Gomez: It has been determined that the property located at 734 South Denver Avenue is currently in violation of the following Section of the Weld County Code: Section 29-3-10"Building permit required." To bring your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the "equipment building" built without a permit, fees paid, the permit issued, and all inspections completed. It is the intention of this office to assist and cooperate with you without imposing undue hardship; however, we have no discretion in this matter if you fail to correct this violation within 14 (fourteen) days from January 26, 2011. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the case 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. Si. -re Ate Peggy Gregory f/ Building Compliance Officer pc: BCV11-00011 Identify Results Page 1 of 2 rima /as) WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4402106 Parcel#: 147108200041 Tax Area: 3686 Bordering County: Acres: 0 Township Range Section Ouart.Sec. Subdivison Name Block# Lot# 01 -66-08 -2 - - Owners Name&Address: Property Address: GOMEZ ADOLFO lR Street: 734 S DENVER AV WELD 1350 BOSTON ST City:WELD AURORA,CO 80010 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description PT NW4 8-1-66 COM AT A PT 741.38'5 OF NW COR OF NW4 TH E271.03'TO POB E163.97' S150' W163.97' N150'TO POE. Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1115 Site Land Subtotal: $80,000 $6,370 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Out Building Improvements Subtotal: $121,042 $9,630 Total Property Value $201,042 $16,000 Building Details Account#: R4402106 Parcel#: 147108200041 Owners Name&Address: Property Address: GOMEZ ADOLFO Ht Street: 734 S DENVER AV WELD 1350 BOSTON ST City:WELD AURORA, CO 80010 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1940 Exterior: Frame Siding HVAC: Forced Air http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14710... 1/25/2011 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 948 # of Baths: 2 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 2 Garage_ Attached SQ Ft: 0 Detached SQ Ft: 0 Basement: Total SQ Ft: 936 Finished SQ Ft: 936 Account#: R4402106 Parcel#: 147108200041 Owners Name &Address: Property Address: GOMEZ ADOLFO JR Street: 734 S DENVER AV WELD 1350 BOSTON ST City: WELD AURORA, CO 80010 Building# Property Type 2 Out Building Individual Built As Detail Built As: Equipment Building Year Built: 2000 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 2508 # 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: http://maps2.menick.com/Wcbsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14710... 1/25/2011 t .,1 263 HIED 11111111111111111111111111111111III IIIII IIII IIII 3014263 12/11/2002 04:03P Weld County,CO 1 of 1 Ii 8.00 D 31.66 JA."Suk)"Tsukamoto WARRANTY DEED (1610-191 b 402- THIS DEED, Made this 29th day of November , 20112, DI / between Kenton 0. Borough and Mabel Borough 10 of the County of Weld and State of cc lot ado grantonand Adolf o Gomez, Jr. whose legal address is 714-734 South Denver Ave. Ft. Lupton, CO 80261 of the County of Weld and Slate 01' Colorado .grmlee: WITNESSETH,That the grantor,for and inconsideration of the man ai THREE HUNDRED SIXTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS,(5316,500.00 ), the receipt and sufficiency of which is hereby acknowledged.has pnmle%bargained.mild:end conveyed and by these presents does grant,bargain,sell,convey end confirm,unto the amter.hit(heirs and asticalt forever.till the real property together with improvements,if any,situate,lying and being in the County of Weld .and State of Colorado, described as follows: • That part of the Northwest 1/4 of Section A, Township 1 North, Range 66 West of the 6th P.M., City of Fort Lupton, described as follows: Beginning at apoint 741.38 feet (formerly described as 740.6 feet), South of the Northwest corner of the Northwest 1:4 of .:nil Section B. thence East 435.00 feet; thence South 150.00 feet; thence West 435.00 feet; thence North 150.00 feet to the Point of Beginning, County of Weld, State of Colorado also known by street and number as 714-734 South Denver Ave. Ft. Lupton, CO 80261 TOGETHER with all and singular the heredila ants and appnrlen:amea therei No belonging.or in anywise appertaining.and the reversion and reversions,remainder and remainders.lent.Ltlae.;anal(trot Its IIiritit.:aid all the estate,right,tide,interest, claim and demand wherever of the grantor,either in law or candy. oi. ui and to lite above luu'gmined premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above lauguined and described.with the appurtenances,unto the grante,his heirs and assigns forever. And the grantor,for himself.his heirs:end Ile sonnl rept esenlydives.does covenant,grant,bargain end agree to and with the grantee,his heirs and assigns,that at the tint of the ensealing and delivery of these presents.he is well seized of the premises above conveyed.has good,sure.perfect. ;in>olale and indefeasible estate of inheritance, in law, in fee simple,and has good right.full power and IawNt authority to print.It.apaiu.sell and convey the same in manlier and form as aforesaid.and that the same am free and clear from all Weer and olllur grunt.Mngains,sales.liens,taxes.assessments, encumbrances and seshictions of whatever kind or nanny slaver.except fur lases loran.current year,a lien but not yet due and payable,and those specific Exceptions described by reference to recorded doaaurnts as reflected In the Title Documents accepted by Buyer in accordance with section 8u ITitle Hevirwl,of the ronlraet dated between the partic.. The grantor shall and will WARRANTAND FOREVER DEFEND)the abovc.leimained premixes in the quiet and peaceable posses- sion of the grantee,his heirs and assigns.against all and every person or Itrsvms bawl ally cl tindng the whole or any pan thereof. The singular number shall include e the plural,the plural the sing stir.:uti Ilia u.e of any Lender shall be applicable to all genders. IN WITNESS WHEREOF,RE the grantor has execute"'(Ad this deal on las tree=a f uth to to'e. >.;J O saetr-ems 22..) Kenton 0. Burough M�Yrei ugh STATE OF COLORADO s... COUNTY OP ADAMS The foregoing insuwnent wasacknowkdged below me this 29th day of November , 2002 by Kenton 0. Burough and Mabel Burough My Commission expires: July 10, 2004 W'ne try%Ind at doll�iul a 11.C.� at Public r3ustefson WARRANTY D®(tor Photographic award)auawar na HI.a U066416*52 Hello