HomeMy WebLinkAbout20111145 RESOLUTION
RE: ACTION OF THE BOARD CONCERNING ZCV #1100013 AGAINST
DORIS CUNNINGHAM 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, Doris Cunningham, ZCV #1100013, 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, Doris Cunningham, property owner, was not present at said hearing;
however, Bill Hall, representative, was present as said hearing, 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 ZCV#1100013 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
EL
ATTEST 'j` �/J \ EXCUSED
18. ��uy Barbara Kirkmeyer, Chair
Weld County Clerk to 5i O ��
'ri7ik•
4 / Sean P. C w Pro-Tem
B •
Deputy Cler to the Boar.
illiam F. G
APP F AST M: EXCUSED
avid E. Long
��
ounty Attorney pock: ceda.thlCi hr
DouglasA ademache
Date of signature: le/7/4
&. • PL, VIbI 2011-1145
62-X-0 PL0824
WiiDc
'Kett'
COLORADO Planning Department
ZONING VIOLATION CASE SUMMARY
Violation Number: ZCV11-00013 Compliance Officer: Bethany Salzman
PRIMARY OWNER: Situs Address: 41450 CR 33
CUNNINGHAM DORIS
Mailing Address: 3967 CREEDMORE LAKES RD
RED FEATHERS LAKE, CO 80545
Phone: 970-881-2730
VIOLATION CONTACTS:
SIMPSON CLIFF dba: C&H EXCAVATING 970-324-5870
PO BOX 211 AULT, CO 80610
PARCEL:
070702000056-R0021888 Acreage: 3.19
Legal Description: PT NW4 SW4 2-7-66 LOT B REC EXEMPT RE-991(.14R)
LOCATION:
Location: East of and adjacent to CR 33 and approximately 1/2 mile North of CR 84
North: Agriculturally Zoned properties and approximately 1 1/2 miles South of Pierce municipal boundaries
South: Agriculturally Zoned properties and approximately 1 mile North of Ault municipal boundaries
East: Agriculturally Zoned properties and approximately 3/4 miles West of Hwy 85
West: Agriculturally Zoned properties
NOTIFICATION INFORMATION:
Certified Date 04/20/2011
Certified Receipt Date 04/25/2011 (Cliff Simpson—Tenant)
04/26/2011 (Doris Cunningham —Owner)
VIOLATION DESCRIPTION:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-40 Uses by special review
23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision.
PUD development proposals shall not be permitted to use the special review permit process to develop.
VIOLATION REMEDY:
My records indicate the amended recorded exemption application was submitted as we discussed. Please
keep in mind if an amended Use by Special Review (USR) application has been submitted to the office and
deemed complete on or before May 9, 2011, the above Violation Hearing will be cancelled. Once your assigned
planner has deemed the application complete so the USR process can begin, this violation case will be placed
"on hood" pending the outcome of your application. Until such occurs this case will proceed accordingly. For
questions, please feel free to contact Tom Perko, Planning Manager at 970-353-6100, Ext 3572. If you would
like to visit with him personally, please call ahead (970-353-6100 Ext. 3572) so a sufficient amount of time can
be set aside to discuss the permitting process with you. Additionally, to better serve you please bring this
letter.
Wilk
Planning Department
ZONING VIOLATION CASE SUMMARY
RECOMMENDATION:
The Department of Planning Services recommends this case be forwarded to the County
Attorney's Office for immediate legal action.
WORKFLOW SUMMARY:
Case Initiation 01/27/2011 Initiated
Violation 01/27/2011 5 Day Letter
Violation 02/15/2011 Violation Notice
Violation 04/19/2011 Hearing Notification
OTHER CASE HISTORY:
02/07/2011 e-mail received From: Tom Parko
Sent: Monday, February 07, 2011 4:32 PM
To: billjhallco@yahoo.com
Cc: Bethany Salzman; Chris Gathman
Subject: Tateyama Property
Bill:
Attached is the info for Simpson. The Tateyama USR was approved
back in 1982 and during the pre-application meeting the Amended
USR was going to require some work as you can see. The USR
covers two properties. In 1987, the owner of record received approval
for a two-lot recorded exemption. I believe Mr. Simpson only wants
the lot to the north, or Lot B of RE 991. The 2008 aerial depicts
some buildings that may overlap property lines, but you should have
that double checked since the GIS program does not accurately
depict property lines. If you have any questions please let me know.
Kind regards,
Tom Parko, M.A., CFM
Planning Manager
Weld County Planning Services
Office: 970-353-6100, ext 3572
Mobile: 970-302-5333
Web: http://www.co.weld.co.us
02/14/2011 Phone call Complainant called again for status report. I advised them that Mr.
Simpson has hired a consultant to composed the USR application.
Furthermore staff has granted 60 days for this to be submitted.
02/14/2011 E-mail received From: Tom Parko
Sent: Monday, February 14, 2011 11:57 AM
To: billjhallco@yahoo.com
Cc: Bethany Salzman
Subject: Simpson
Bill:
Good afternoon. I just wanted to follow up with you about Simpson
and the pending USR application. Do you have a time frame on when
you expect to submit the application?As you know, this is a
Wipe
COLO O iett tow\
Planning Department
ZONING VIOLATION CASE SUMMARY
violation case since Mr. Simpson moved into the property without
first obtaining a USR and we have some complaints on it. Bethany
with Zoning Compliance is holding off the violation letter because I
know you are taking the case on behalf of Mr. Simpson. If you have
any questions please call or email me.
Kind regards,
Tom Parko, M.A., CFM
Planning Manager
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Office: 970-353-6100, ext 3562
Mobile: 970-302-5333
03/11/2011 E-mail received From: Phillip Brewer
Sent: Friday, March 11, 2011 9:56 AM
To: Bethany Salzman; Lauren Light
Subject: Follow Up
Bethany:
I met with Cliff Simpson yesterday as I mentioned that I would do so.
Cliff is using all of the buildings that are included in the USR issued
to Tateyama years ago.
The presently used volumes of paint materials are rather small;
however, if Cliffs predictions come true, the business volumes will
increase considerably in the next"week"or so. He is negotiating a
contract with LEEDS (Brighton area).
I requested that Cliff call me when the business volume prediction
increase occurs as he is hopeful that it will. I will then escort him
through the air permitting"maze"that will be necessary BEFORE
he begins operating at those increased levels.
I did review his operations in all of the buildings out there NW of Ault.
He is presently manufacturing"V" steps for the O&G industry. He
is making them from metal stock (cutting, welding and painting). His
paint booth was operational when I was there. There were"0%
opacity"emissions during the painting operation. There were
smells of VOC emissions from the paint booth.
I fully expect that I will be back up there in the next week or so.
If the business expands as he predicts, an air permit will be required.
J. Phillip(Phil) Brewer
Environmental Specialist III
Weld County Department of Public Health and Environment
Environmental Health Services
1555 N 17th Avenue
Gre
03/29/2011 E-mail received —On Mon, 3/28/11, Chris Gathman <cgathman@co.weld.co.us>
‘0‘4.; toy,
Planning Department
ZONING VIOLATION CASE SUMMARY
wrote:
From: Chris Gathman <cgathman@co.weld.co.us>
Subject: FW: Simpson RE/USR application deadlines
To: "billjhallco@yahoo.com" <billjhallco@yahoo.com>
Cc: "Bethany Salzman"<bsalzman@co.weld.co.us>, "Tom Parko"
<tparko@co.weld.co.us>
Date: Monday, March 28, 2011, 4:37 PM
Dear Bill,
I spoke with Bethany Salzman this afternoon. She indicated that Mr.
Simpson has until April 15th to submit his amended recorded
exemption application and USR application or he will be scheduled
for the May 10th violation hearing before the Board of County
Commissioners.
Should these applications be submitted after April 15th 6 complete
applications need to be submitted to the Department of Planning
Services by no later than May 9th or Bethany will proceed with the
May 10th violation hearing. Please keep in mind that we do a 7-day
completeness review of the USR application L so the applications
should probably submitted at least two(2)weeks prior to May 9th (in
case additional information is required to be submitted for the
applications.
Let me know if you have any questions.
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
03/28/2011 E-mail received From: Bill Hall [mailto:billjhallco@yahoo.com]
Sent: Monday, March 28, 2011 10:31 PM
To: Chris Gathman
Subject: Re: FW: Simpson RE/USR application deadlines
Thanks Chris , I should have them ready very soon, but thanks again
for the reminder. Bill
04/19/2011 E-mail received From: Tom Parko
Sent: Tuesday, April 19, 2011 11:38 AM
To: Chris Gathman
Cc: Bethany Salzman
Subject: Simpson
I just had a telephone conversation with Bill Hall about Conquest but
while I had the opportunity I asked him about Simpson. He stated
that he will have the USR application in next week. I indicated that
he needed to have the complete application in by April 29th at the
latest to avoid a hearing. He agreed and acknowledged the urgency.
(vs, so)
rse,"\;:,
"Flip C
COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE:970-353-6100 X 3555
FAX: 970-304-6498
April 20, 2011
CUNNINGHAM DORIS
3967 CREEDMORE LAKES RD
RED FEATHERS LAKE, CO 80545
CLIFF SIMPSON
PO BOX 211
AULT,CO 80610
Zoning Violation Case: ZCV11-00013
Situs Address: 41450 CR 33
Legal Description: PT NW4 SW4 2-7-66 LOT B REC EXEMPT RE-991(.14R)
Dear Cunningham, Doris& Simpson, Cliff:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on
:115/01 01201I ;:10:00 AM
The above mentioned property remains in violation of the following Section(s) of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-40 Uses by special review
23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the commercial or industrial zone districts, provided that the property is not a lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivision. PUD development proposals shall not be
permitted to use the special review permit process to develop.
To bring your property into compliance with the Weld County Code:
My records indicate the amended recorded exemption application was submitted as we
discussed. Please keep in mind if an amended Use by Special Review (USR) application
has been submitted to the office and deemed complete on or before May 9, 2011, the
above Violation Hearing will be cancelled. Once your assigned planner has deemed the
application complete so the USR process can begin, this violation case will be placed "on
U.S. Posta! Services.,
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COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
hold" pending the out come of your application. Until such occurs this case will proceed
accordingly. For questions, please feel free to contact Tom Parko, Planning Manager at
970-353-6100, Ext 3572. If you would like to visit with him personally, please call ahead
(970-353-6100 Ext. 3572) so a sufficient amount of time can be set aside to discuss the
permitting process with you. Additionally, to better serve you please bring this letter.
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 you 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 road or adjacent properties the
business day before or as soon as possible to the above mentioned violation hearing date.
The Department of Planning Services staff 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 concerning this matter, please call me.
Sincerely,
U.S. Postal Service,,.,
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PS Form 3800,August 2006 See Reverse for Instructions
1861 - 2011
Weld County Referral
WEL ‘_- -eOUNTY April 18, 2011
u
The Weld County Department of Planning Services has received the following item for review:
Applicant Doris Cunningham and Case Number AmRE-991
Charles VanBeber
Please Reply By May 18, 2011 Planner Chris Gathman
Project Amended Two-Lot Recorded Exemption
Legal Lots A and B of RE-991; located in the SW4 of Section 2,T7N, R66W of the 6th
P.M.,Weld County, Colorado.
Location East of and adjacent to CR 33; approximately%mile south of CR 86. For a more
precise location, see legal.
Parcel Number 0707 02 000056 & 0707 02 000057
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this
date may be deemed to be a positive response to the Department of Planning Services. If you have any
further questions regarding the application, please call the Planner associated with the request. Please
note that new information may be added to applications under review during the review process.
If you desire to examine or obtain this additional information, please call the Department of
Planning Services.
O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
0 We have reviewed the request and find no conflicts with our interests.
O See attached letter.
O Please notify me of any public hearings regarding this request.
Comments:
Please see the attached memorandum.
Signature 04/19/2011
Date
Agency oning Complia e Offer
•Weld County Planning Dept. 41555 N 17m Ave, Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
MEMORANDUM
COLORADO
To: Chris Gathman, Planner April 19, 2011
From: Bethany Salzman, Zoning Compliance Officer
Subject: AmRE-991 Referral
Upon review of my case files and computer,an active Zoning Violation (ZCV11-00013)was noted. This
violation was initiated due to the operation of a commercial business(such as C&H Excavating),without
first completing the necessary Weld County Zoning Permits. This case has not yet been presented to the
Board of County Commissioners through the Violation Hearing process, but is scheduled for a Violation
Hearing on May 10, 2011. This amended Recorded Exemption is a necessary step in correcting the
property lines prior to submitting the necessary amended Use by Special Review application.
The initial complaint was received from the public.
This application if approved by the Board of County Commissioners and once a plat is recorded will
correct the violation. If this application is denied,all commercial storage and operations shall be removed
from the property within 30 (thirty) days. Additionally, if denied by the Board of County Commissioners
please request this violation case be referred to the County Attorney's Office with a delay of legal action
for the 30 (thirty) days mentioned above.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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
March 9, 2011
CLIFF SIMPSON
PO BOX 10
LUCERNE CO 80646
DORIS CUNNINGHAM
3967 CREEDMORE LAKES RD
RED FEATHER LAKES 80545
Subject BCV11-00013, Part of the NW4 SW4 of Section 2, T7N, R66W of the 61h P.M.,
Weld County, Colorado
Dear Mr. Simpson and Ms. Cunningham:
It has been determined that the property located at 41450 County Road 33 is currently in violation of the
following Sections of the Weld County Code:
Section 29-3-10"Building permit required."
Section 29-3-40.B "Additions,alterations,or repairs."
Section 29-3-50.B "Existing use or occupancy."
To bring your property into compliance with the Weld County Code:
A permit application and all applicable documentation shall be submitted for the
change of use in the existing structure to a welding and machining shop.
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 by March 23, 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.
ce .ly,
Peggy Gregory
Building Compliance Officer
pc: BCV11-00013
ZCV11-00013
"Dc.
COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
February 15. 2011
CLIFF SIMPSON
DBA: C&I I EXCAVATING. LTC
PO BOX 10
LUCERNE, CO 80646
CUNNINGHAM DORIS
3967 CREEDMORE LAKES RI)
RED FEATHERS LAKE, CO 80545
Zoning Violation Case: ZCV11-00013
Legal Description: PT NW4 SW4 2-7-66 LOT B REC EXEMPT RE-991(.14R)
Situs Address: 41450 CR 33
Dear Cliff Simpson and Doris Cunningham:
The uses on the above described property are being considered as a zoning code violation of Sections of
the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld
County Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-40 Uses by special review
23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the commercial or industrial zone districts, provided that the property is not a lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivision. PUD development proposals shall not be
permitted to use the special review permit process to develop.
To bring your property into compliance with the Weld County Code:
As was indicated in my initial letter and was explained to Mr. Simpson during the
December 30. 2010 Pre-Application meeting conducted at the Greeley Planning Office, the
operation of this type of business would require a new Use by Special Review (USR)
permit. Bill Hall has called our office and advised staff that he is compiling the USR
ral es (1;)(.4 t'2123/41
COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
application. In order to place this violation on hold, a Use by Special Review(USR) will
need to be completed and submitted to this office. Once your assigned planner has
deemed the application complete so the USR process can begin, this violation case will be
placed "on hold" pending the outcome of your application. Until such occurs this case will
proceed accordingly. For questions, please feel free to contact Tom Parko, Planning
Manager at 970-353-6100, Ext 3572. If you would like to visit with him personally, please
call ahead (970-353-6100 Ext. 3572) so a sufficient amount of time can be set aside to
discuss the permitting process with you. Additionally, to better serve you please bring this
letter.
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
04/15/2011
to correct this zoning 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
Sincerely,
n ,
r\ettu(\ \Dior
le)
Bethany Salzman l
Zoning Compliance Officer II
File: ZCV11-00013
Ec: Bill Hall (billihallco[7o,vahoo.com)
rea\
"Nig C
COLORADO -
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE:970-353-6100 X 3555
FAX: 970-304-6498
January 27, 2011
CLIFF SIMPSON
DBA: C&H EXCAVATING, LLC
PO BOX 10
LUCERNE,CO 80646
CUNNINGHAM DORIS
3967 CREEDMORE LAKES RD
RED FEATHERS LAKE,CO 80545
Zoning Violation Case:ZCV11-00013
Situs Address: 41450 CR 33
Legal Description: PT NW4 SW4 2-7-66 LOT B REC EXEMPT RE-991(.14R)
Dear Cliff Simpson and Doris Cunningham:
It has come to the attention of the Department of Planning Services staff that the uses on your property
may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with
the Weld County Code are as follow:
As was explained to Mr. Simpson during the December 30, 2010 Pre-Application meeting
conducted at the Greeley Planning Office, the operation of this type of business would require
a new Use by Special Review(USR) permit. In order to place this violation "on hold", a Use by
Special Review will need to be completed and submitted to this office. Once your assigned
planner has deemed the application complete, so the USR process can begin, this violation
case will be placed "on hold" pending the outcome of your application. Until such occurs
this case will proceed accordingly. For questions, I recommend you speak with one of our
On-Call Planners. They are available Monday thru Friday from 7:30 am -4:30 pm. If you
would like to come to the office, please call ahead (970-353-6100 Ext. 3540)so a sufficient
amount of time can be set aside to discuss this non-compliance issue with you.
Additionally, to better serve you please bring this letter.
Please contact me within five working days of the date of this letter to review these concerns with me.
C
COLORADO
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE:970-353-6100 X 3555
FAX: 970-304-6498
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.
Sincerely,
Bethany Salzman
Zoning Compliance Officer II
File: ZCV11-00013
Identify Results _ Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0021888 Parcel#: 070702000056
Tax Area: 0917 Bordering County: ( kit\I' C i I
Acres: 3.62
Township Range Section Quart. Sec. Subdivison Name Block#_Lot#
07 - 66 - 02 - 0 - -
Owners Name_&Address_ 4� pp 1yn� PrppertyAddress_
CUNNINGHAM DORIS M�_QQI.ZrI;J✓ Street:
3967 CREEDMORE LAKES RD COD-O�+ City:
RED FEATHER LAKES, CO 80545
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
7/31/2003 $195,000 WD 3091343
Legal Description
PT NW4 SW4 2-7-66 LOT B REC EXEMPT RE-991(.14R)
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Acres 3.62
Land Subtotal: 3.62 $48,508 $3,860
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
2 Out Building
3 Out Building
4 Out Building
Improvements Subtotal: $141,187 $11,240
Total Property Value $189,695 $15,100
Bui_Idiny Details
Account#: R0021888 Parcel#: 070702000056
Owners Name&Address: Property Address:
CUNNINGHAM DORIS Street:
3967 CREEDMORE LAKES RD City:
RED FEATHER LAKES, CO 80545
Building# PropertCype
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1955
http://maps2.merrick.com/Wcbsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07070... 1/26/2011
Identify Results Page 2 of 2
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1020
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement
Total SQ Ft: Finished SQ Ft:
Account#: R0021888 Parcel*: 070702000056
Owners Name&Address: Property Address:
CUNNINGHAM DORIS Street:
3967 CREEDMORE LAKES RD City:
RED FEATHER LAKES,CO 80545
Building# Property Type
3 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1979
Exterior: HVAC: Package Unit
Interior Finish: Built As SQ Ft: 14400
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R0021888 Parcel#: 070702000056
Owners Name&Address: Property Address:
CUNNINGHAM DORIS Street:
3967 CREEDMORE LAKES RD City:
RED FEATHER LAKES,CO 80545
Building* Property Type
4 Out Building
Individual Built As Detail
Built As: Shed - Equipment Year Built: 1981
Exterior: HVAC: Package Unit
Interior Finish: Built As SQ Ft: 5926
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07070... 1/26/2011
44y MEMORANDUM
VC DATE: PA10-114December' Cse 30a, 2010
pre-application
COLORADO
FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre-Application Meeting prior to submitting
USR for small manufacturing company
Attendees:
Cliff Simpson, Applicant
Dave Bauer, Public Works
Lauren Light, Environmental Health
Ken Swanson, Building
Stephanie Arries, County Attorney
Tom Parko, Planning
Chris Gathman, Planning
Kris Ranslem, Planning
On Thursday, December 30, 2010 an informal discussion took place at the Greeley
Administrative Offices Conference Room regarding a proposed small manufacturing business.
(The legal description is Lot B RE-991; Part NW4 SW4 of Section 2, T7N, R66W of the 6th P.M.;
Situs Address is 41450 CR 33)
Background Information:
The applicant stated that they operate a small manufacturing business in which they create cattle
guards and cross-over stairs. They are looking to move to the subject property. There would be
outside storage of material onsite. There are currently 14 employees. Hours of operation are
Monday through Friday 7 am to 5 pm with occasional Saturdays.
Building Department
The applicant indicated that the building onsite was used previously for packing onions. Because it
would require a change of use building permit,staff recommended that a design professional design
the building according to the applicant's use. For any questions, please contact Ken Swanson at
970-353-6100 extension 3540.
Health Department
According to electronic files, Septic Permit # G1982-0005 is sized for 6 people; therefore an
engineer would need to evaluate the system for adequacy.
Staff stated that the applicant will need to visit with the Division of Water Resources if the well is
permitted for commercial use.
Public Works
According to the maps, there is adequate parking and the access and drainage appear to be
adequate as well.
Planning Department
Staff noted that the previous USR (USR-490) encumbers the entire property as well as the parcel
located directly south (where there is a residence). The landowner will need to partially vacate USR-
490. The applicant mentioned the possibility of expanding his property to the east and adjusting the
lot lines with his neighbor to the south. Staff stated that the applicant may apply to amend the
existing Recorded Exemption (RE)for a lot line change.
The applicant mentioned that he is looking at several buildings in the County. However he would
really like to remain at his current site. Staff stated that they have had numerous conversations with
the landowner and he makes very slow progress. The applicant and staff discussed the situation
with the Lucerne Commons site and what conditions need to be met to operate out of the current
building.
Staff urged the applicant to contact staff for any questions:
Planner On Call available Monday through Friday 7:30 a.m. to 4:30 p.m.
Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness
review. After the 7 day completeness review the applicant will be informed of what items are still
required to make the application complete. Staff requested that the applicant submit the remaining
material in electronic form. Upon submittal of a completed application it will be sent out for referral
for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as
many of the referrals as possible. At that meeting the Planning Commission hearing will be
scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks
after the Planning Commission hearing.
The above notes are provided as a courtesy to the applicant. While we strive to identifysignicant issues, the
above notes may not identify all issues, even major ones that may be raised during the formal review of your
application. The information contained herein has been placed on file with the Department of Planning
Services.
End memorandum.
r .,., ,, . ............
WELD COUNTY tieseDeCv 30
_ . 10 ,pc�
PRE-APPLICATION REVIEW REQUEST
• The pre-application request is the preliminary review of a land use proposal. Pre-application reviews
are required prior to beginning the application process; however, this review is not an application.
• Pm-application reviews are held with the Weld County Departments of Public Works and the Public
Health and Environment. Pre-application reviews are held Thursday and Friday of any given week in
the Greeley office. To be on the pre-submittal agenda, the request and required checklist items must
be received one week prior to the review date, and shall include at a minimum, a description of the
property including surrounding lands and land uses, property owners name and contact information a
brief narrative and a map delineating the property location, in addition to the other items listed.
• The Property Information required below can be found on the Weld County Assessor website at
www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre-application
review request
• Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of
one week prior to your preferred meeting date.
• Submitting your request in a timely manner is important to get your project scheduled for review.
Contact Infornmtion:
Name: 4_,
Phone: x/70 sz y — O Fax:
Email: 5/r�I aG./O/.e�o>, ,(eL._ .
Address: 4 %y /0 2€ ' zLt/t_ /_O ret 4-t
Project Description: z45/L ySo✓ etaG.O,,1t-C , ttZikk �
Property Information:
Section-Township- �✓ Zoning ��� ""'" n� . ifr s�
Range �� ._C 'eZ 7� Q(,GL✓ -]42.1,4,- �d�
Parcel Number 07070Zoo0oso Acreage 3 oat
Site Address t//L1 j0 a 33 ,a Water Source G'/
Legal Description ou„-..GC"4 adefj Sewer
Owner Name 4215 Ln,ys, d/y ` -
Is this property currently in violation? pfres _QNo Case Number �O,/ 5 2!
Preferred date and time for meeting: ier �.Sreef
Office Use Only
Project Title:
Description:
Review Date: Meeting Date/Time:
Weld County Department of Planning Services
Greeley Office—
1555 N 17'°Ave, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
Michelle Martin
From: Tom Parko
Sent Thursday, December 16, 2010 7:08 AM
To: Cliff Simpson
Cc: Michelle Martin
Subject: RE: 41450 CR 33 Property
Thanks Cliff. I assigned Michelle Martin to this case. She will be contacting you shortly to
schedule a pre-application meeting. We might be able to squeeze you in tomorrow if you have
time around 10:00. Thanks, Tom
Original Message
From: Cliff Simpson Finailto:simpac1010hotmail.coml
Sent: Wednesday, December 15, 2010 3:37 PM
To: Tom Parko
Subject: RE: 41450 CR 33 Property
Tom,
We would like to use the building for welding and machining in the shop. There would
be light truck repair, welding inside and outside of the building and cutting of materials.
We have 10 employees including truck drivers and office personel. There will be minimum
truck traffic and we would use the outside of the shop for parking trucks and storing
material. There would also be outside storage of pipe.
Thank you,
Cliff
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WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#:R0021888 Parcel#:070702000056
Tax Area:091.7 Bordering County:
Acres:3.62
Township Range Section Ouart.Sec„ Suhdivicon Name Block*Lot#
07-66-02-0 --
Owners Name&Address; property Address*
CUNNINGHAM DORIS Street
3967 CREEDMORE LAKES RD City:
RED FEATHER LAKES,CO 80545
Business/Complex:
Sales Summary
Sale Data Sale Price Seed Tvne RecepHon#
7/31/2003 $195,000 WD 3091343
I eoal Decerlotio0
PT NW4 SW4 2-7-66 LOT B REC EXEMPT RE-991(.14R)
).and Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Acres 3.62
Land Subtotal: 3.62 $48,508 $3,860
Suildinas Valuation Summary
Assessed
Bldg# Property Type Actual Value
Value
2 Out Building
3 Out Building
4 Out Building
Improvements Subtotal: $141,187 $11,240
Total Property Value $189,695 $15,100
Building Details
Account#:R0021888 Parcel#:070702000056
Owners Name&Address: property Address*
CUNNINGHAM DORIS Street
3967 CREEDMORE LAKES RD City:
RED FEATHER LAKES,CO 80545
Building# proaertv TvDP
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1955
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1020
#of Baths: 0 Roof Type:
#of Bdnns: 0 Roof Cover:
#of Stories: 0
1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement.
Total SQ Ft: Finished SQ Ft:
Account#: R0021888 Parcel#:070702000056
Owners Name&Address. property Address:
CUNNINGHAM DORIS Street:
3967 CREEDMORE LAKES RD City:
RED FEATHER LAKES,CO 80545
Building# Property Tvoe
3 Out Building
Individual Built As Detail
Built As: Shed-Utility Year Built: 1979
Exterior: HVAC: Package Unit
Interior Finish: Built As SQ Ft: 14400
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
BREAM
Attached SQ Ft: Detached SQ Ft:
&BBemeOt:
Total SQ Ft: Finished SQ Ft:
Account#:R0021888 Parcel#:070702000056
Owners Name&Address: property Address•
CUNNINGHAM DORIS Street:
3967 CREEDMORE LAKES RD City:
RED FEATHER LAKES,CO 80545
pulldino# property Tvoe
4 Out Building
Individual Built As Detail
Built As: Shed-Equipment Year Built: 1981
Exterior: HVAC: Package Unit
Interior Finish: Built As SQ Ft: 5926
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover.
#of Stories: 0
Rooms: 0 Units: 0
98Iace:
Attached SQ Ft: Detached SQ Pt:
Basement•
Total SQ Ft: Finished SQ Ft:
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Colorado Secretary of State
-Filed Date and Time: 05/06/2010 01:27 PM
Document must be filed electronically. ID Number: 20081432228
Paper documents will not be accepted.
Document processing fee $100.00 Document number: 20101261019
Fees&forms/cover sheets Amount Paid: $100.00
are subject to change.
To access other information or print
copies of filed documents,
visit www.sos.state.ca.us and
select Business.
ABOVE SPACE FOR OFFICE USE ONLY
Statement Curing Delinquency
filed pursuant to §7-911-914 of the Colorado Revised Statutes(C.R.S)
1. For the delinquent entity, its ID number,entity name and jurisdiction of formation are
IDnumber 20081432228
(Colorado Secretary of State ID number)
Entity name C & H Excavation, LLC
Jurisdiction where formed Colorado
2. By providing the information required herein,this statement corrects all grounds for delinquency cited by
the secretary of state.
3.The registered agent name and registered agent address of the registered agent are
Name
(if an individual) Simpson Cliff Edward
(Last) (First) (Middle) (Suffix)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name).
The person appointed as registered agent above has consented to being so appointed.
Street address 19009 Hwy 392
(Street number and name)
Lucerne CO 80646
(City) (State) (Zip Code)
Mailing address P.O. Box 10
(leave blank if same as street address) (Street number and name or Post Office Box information)
Lucerne CO 80646
(City) (State) (Zip Code)
(If the following statement applies,adopt the statement by marking the box.)
O The mailing address in the records of the Secretary of State is no longer different than the street
address and is no longer required.
CURE_DLQ Page I of 3 Rev.5/01/2010
4. The principal office address of the entity's principal office is
Street address 19009 Hwy 392
(Street number and name)
Lucerne CO 80646
(City) (State) (Postal/Zip Code)
United States
(Province-if applicable) (Country-if not US)
Mailing address P.O. Box 10
(leave blank if same as street address) (Street number and name or Post Office Box information)
Lucerne CO 80646
(City) (State) (Postal/Zip Code)
United States
(Province—ifapplicable) (Country—if not US)
(If the following statement applies,adopt the statement by marking the box.)
❑ The mailing address in the records of the Secretary of State is no longer different than the street
address and is no longer required.
5.(If the following statement applies,adopt the statement by marking the box and include an attachment.)
❑ This document contains additional information as provided by law.
6. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has
significant legal consequences. Read instructions before entering a date.)
(If the following statement applies,adopt the statement by entering a date and,if applicable,rime using the required format)
The delayed effective date and, if applicable,time of this document is/are
(mm/dd/yyyy hour:minute am/pm)
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the
individual's act and deed,or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity
with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic
statutes,and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents,and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state,whether or not such individual is named in the document as one who has caused it to be delivered.
7. The true name and mailing address of the individual causing the document to be delivered for filing are
Mello Anthony
(Last) (First) (Middle) (Suffix)
P.O. Box 1436
(Street number and name or Post Office Bar information)
Ault CO 80610
(City) (State) (Postal/Zip Code)
(Province—ifapplicable) (Country—ifnot US)
CURE_DLQ Page 2 of 3 Rev.5/01/2010
(If the following statement applies,adopt tire statement by marking the box and include an attachment.)
O This document contains the true name and mailing address of one or more additional individuals causing
the document to be delivered for filing.
Disclaimer:
This form/cover sheet,and any related instructions,are not intended to provide legal,business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date,compliance with applicable law,as the same may be
amended from time to time,remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal,business or tax advisor(s).
CURE_DLQ Page 3 of 3 Rev.5/01/2010
343 10119 �1 10411 0111111 0�1.54�11.111111111111,11111IIII
1 of 1 R 8.00 D 19.80 Steve Moreno Clerk 8 Recorder
WARRANTY DEED
Vw%1015 c--N1
THIS DEED.Made this 31st day of July , 2003,Whew
-LLC, a Colorado Limited Liability Company �'\ •
of the County of Weld and Slate of Colorado
grantor,and Charles Cunningham and Doris Cunningham
whose legal address is 3967 Creedmore Lakes Road, Red Feather Lakes, CO 80545
of the County of Weld and State of Colorado ,grantee:
WIINESSETIL That the grantor.for and in consideraiinn of the sum of ONE HUNDRED NINETY FIVE
THOUSAND AND NO/100
-DOLLARS.($195,000.00 I,
the receipt and sufficiency of which is hereby acknowledged,has granted,bargained.sold and conveyed,and by these patients
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 County of Weld .and State of Colorado.
described as follows:
Lot B of Recorded Exemption No. 0707-2-3-RE991, recorded April 2, 1987 in Book
1151 as Reception No. 02094335, being part of the Northwest 1/4 of the
Southwest 1/4 of Section 2, Township 7 North, Range 66 West of the 6th P.M.,
County of Weld, State of Colorado
alsoknows by street and number as 41450 Weld County Road 33, Ault, CO 80610
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining.and
the reversion and reversions,remainder and remainder.rents,issues and profits thereof,and all the estale right,title,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 end with the grantee.his heirs and assigns,that at the time of the caseating and delivery of these presents,hers 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 fall 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.assestmmts,
encumbrances and restrictions of whatever kind or nature soever,except for taxes for the current year,a lien but not yet due
and payable,and those specific Exceptions described by reference to recorded documents as reflected In the Tide
Documents accepted by Buyer in accordance with section Sa[Title Review],of the contract dated
July 18, 2003 between the parties.
The grantor shall and will WARRANT AND FOREVER DEPEND the above•bergainedprmdses in the quiet and peaceable posses.
lion of the grantee,his heirs and assigns.against all and every person or persons lawfully claiming the whole or any pan thereof.
The singular numbs shall include the plural,the plural the singular,and the use of any gender shall he applicable m all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
Manager
DCL-LL A Colorado Li ted
Liabi i y Coaquanry
DennisBySchulz
De Schulte, M Eg r
STATE OF COLORADO )
)ss.
COuStOF-M1SF,ED: : )
fgrig0iiglestnimennwas acknowledged before me this 31st day of July , 2003 by
�• �ehQ 'Sib Manager of DCL-LLC, A Colorado Limited
5 llt4.ConiSallr
1.A r- -1C 0:the
' 'myC surtussfinexpi5esp•�?3�sR —lip 990bq Winn y d d of ici
r .:..-. �.'O.. �. may Fubla:
WARRANTY D®(for PhdapopWe Retard)tossuM wt Ski UW81019A03
eRecorded in W' County, CO Doc Id: 3492723
07/25/2007 01:28 P Receipt#: 7314852
Page: 1 of 1 Total Fee: $6.00
Steve Moreno, Clerk and Recorder
PERSONAL REPRESENTATIVE'S DEED
(INTESTATE ESTATE)
THIS DEED is made by Doris M. Cunningham, as Personal Representative of the Estate
of Charles William Cunningham, Sr., also known as Charles W. Cunningham, Sr., Grantor, to
Doris M. Cunningham, Grantee, whose address is 3967 Creedmore Lakes Road, Red Feather
Lakes,Colorado 80545;
WHEREAS, Grantor was duly appointed Personal Representative of said estate on June
29,2007,and is now qualified and acting in said capacity.
NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado
Probate Code, Grantor does hereby sell,convey, assign,transfer and set over unto Grantee as the
person entitled to distribution of the property,the following described real property situate in the
County of Weld and State of Colorado: •
Lot B of Recorded Exemption No. 0707-2-3-RE991, recorded April 2, 1987 in Book 1151 as
Reception No. 02094335, being part of the Northwest 1/4 of the Southwest 1/4 of Section 2,
Township 7 North,Range 66 West of the 6th P.M.,County of Weld,State of Colorado
also known as 41450 Weld County Road 33,Ault,Colorado 80610
With all appurtenances,free and clear of liens d encumbrances.
�
DATED: 7 17=07 O44) " . (s,uc.riztaficc-,-J
Doris M. Cunningham,Perso
Representative of the Estate of
Charles William Cunningham, Sr.,
also known as Charles W. Cunningham, Sr.,
Deceased
STATE OF COLORADO )
) SS
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this i 7,.e,y day of
�7u i , 2007, by Doris M. Cunningham, Personal Representative of the Estate of
Chary r gham, Sr.,also known as Charles W. Cunningham, Sr.,Deceased.
c7" W1TNE` \,, hand and official seal.
tP�
� 1� expires: l%2yjv
srA7?OF00‘"OPe
Notary Publi
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