HomeMy WebLinkAbout20112174 RESOLUTION
RE: ACTION OF THE BOARD REGARDING VIOLATION ZCV#1100062 AGAINST ANGELINA
ALARCON 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, Angelina Alarcon, ZCV#1100062, 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 9th day of August, 2011, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Angelina Alarcon, property owner, was present at said hearing, and
WHEREAS,the Board of County Commissioners deems it advisable to continue the matter
for a period of two months, to October 11, 2011, to allow the property owner adequate time to work
with Clayton Mobile Homes regarding the removal of the mobile home sold to Ms. Alarcon in June,
2011, from the property site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #1100062 be, and hereby is, continued to October 11, 2011, at
10:00 a.m.
2011-2174
Qt P L LI i 0 ( PL0824
O1- 114-( 1
VIOLATIONS -ZCV#1100062 -ALARCON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of August, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 1t tr, k1/A-L_vC,L
13Ir bara Kirkmeyer, Chair
Weld County Clerk to the
x r1 Sean P. Co y(, Pro-Tern
Deputy CI=-rk to the B. .rd► v ''`
CY' � Willi F. Gar i �r
APPR AST ®, �` 'Q
I�
ZI E. Long --\I
ounty Attorney U e(cA \v'•�'�
Douglas' ademach r
Date of signature: q -'5?" I I
2011-2174
PL0824
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tact'
I Iilk
Planning Department
ZONING VIOLATION CASE SUMMARY
Violation Number: ZCV11-00062 Compliance Officer: Bethany Salzman
PRIMARY OWNER: Situs Address: 13607 CR 18
ALARCON ANGELINA
Mailing Address: 7435 PATRICK AVENUE
FORT LUPTON, CO 80621
PARCEL:
130920400055-R2156003 Acreage: 3.42
Legal Description: PT S2SE4 20-2-66 SUB EXEMPT SE-944 (.43R)
LOCATION:
Location: Agriculturally Zoned properties
North: Agriculturally Zoned properties
South: Agriculturally Zoned properties-and Fort Lupton Municipal boundaries
East: Agriculturally Zoned properties and approximately 1 1/2 miles West of Aristocrat Ranchettes
West: Agriculturally Zoned properties and approximately 1/2 mile East of 1-3 (Industrially) Zoned properties
NOTIFICATION INFORMATION:
Certified Date 07/28/2011
Certified Reference Number 7010 1870 0000 4773 0537
Certified Receipt Date 08/02/2011
VIOLATION DESCRIPTION:
Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District
23-3-20 Uses allowed by right.
23-3-20.A One(1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land created under the
provisions of Chapter 24, Article VIII of this Code.
Chapter 23, Article IV(4), Division 3 Mobile Homes and Manufactured Structures
23-4-130 No mobile home/manufactured structure may be located or relocated in the County after August 25,
1981, except in accordance with this Division, including the issuance of any zoning permit which may be required
by this Section. Each mobile home/manufactured structure located or relocated in the County after said date
must have a building permit for a mobile home/manufactured structured issued pursuant to Chapter 29 of this
Code. An application for any zoning or building permit for a mobile home/manufactured structure required by this
Division shall include the following.
VIOLATION REMEDY:
A double wide modular home has been placed on this property; however, I have been unable to locate any
zoning and/or building permits. In Weld County, even to temporarily store a mobile home, a Zoning and a
building permit must be completed and submitted to this office. To cancel the above mentioned hearing all
applicable building and/or zoning permits shall be completed and submitted to the Department of Planning
Services for processing.
RECOMMENDATION:
The Department of Planning Services recommends that this case be referred to the County
Attorney's Office for immediate legal action.
h■De
Planning Department
ZONING VIOLATION CASE SUMMARY
WORKFLOW SUMMARY:
Case Initiation 05/31/2011 Initiated
Violation 05/31/2011 5 Day Letter
Violation 06/20/2011 Violation Notice
Violation 07/27/2011 Hearing Notification
INSPECTION SUMMARY:
Zoning Code Inspection 05/31/2011 Noncompliance Bethany Salzman
Inspection Result Comment Upon a visual inspection of the property, the following items were noted: double
wide modular home placed on this property; however, no permits have been
obtained. No pictures were taken during this inspection.
DEPARTMEN t NI
6 Zoning ComplianceOFPLAN DivisionNG SERVICES
1555 North 17th Avenue
Greeley,.Colorado 80631
' ;t•.,. WEBSITE: www.co.weld.co.us
' E-MAIL: bsalzman@co.weld.co.us
PHONE:C. FAX:970-O4-6498100 X 3555
COLORADO .
July 27, 2011
ALARCON ANGELINA
7435 PATRICK AVENUE
FORT LUPTON CO 80621 „ ,ii; :,..,• I
r�lE'r;
Zoning Violation Case: ZCV11-00062
Situs Address: 13607 CR 18
Legal Description: PT S2SE4 20-2-66 SUB EXEMPT SE-944(.43R)
Dear Alarcon Angelina:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on
'a u s lit �/w�, I .
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.
23-3-20.A One(1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land
created under the provisions of Chapter 24,Article VIII of this Code.
Chapter 23,Article IV(4), Division 3 Mobile Homes and Manufactured Structures
23-4-130 No mobile home/manufactured structure may be located or relocated in the County
after August 25, 1981, except in accordance with this Division, including the issuance of any
zoning permit which may be required by this Section. Each mobile home/manufactured
structure located or relocated in the County after said date must have a building permit for a
mobile home/manufactured structured issued pursuant to Chapter 29 of this Code.An
application for any zoning or bbildingperiniffor a mobile home/manufactured structure required
by this Division shall include the following.
To bring your property into compliance with the Weld County Code:
A double wide modular home has been placed on this property; however, I have been unable
to locate any zoning and/or building permits. In Weld County, even to temporarily store a
mobile home, a Zoning and a building permit must be completed and submitted to this office.
To cancel the above mentioned hearing all applicable building and/or zoning permits shall be
completed and submittedito therOepartment of Planning Services for processing.
•
Page 1 oft •
Report ID: CODE000023v002 Print Date-Time: 7/27/2011 10:10:39AM
. - DEPARTMEN t OF PLANNING SERVICES i le ;C: Zoning Compliance Division
1555 North 17th Avenue
Greeley. Colorado 80631
WEBSITE: www.co.weld.co.us
ip E-MAIL: bsalzman@co.weld.co.us
C FAX: 9E 0 304-6498100 X 3555
VIIICOLORADO
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 you 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.
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Bethany Salzm E u ¢ d " m
Zoning Compliance Officer II O o o ti t ° e o
File: ZCV11-00062 ° a �.
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Page 2 of 2
Report ID: CODE000023v002 Print Date-Time: 7/27/2011 10:10:39AM
DEPARTMENT OF PLANNING SERVICES
a Zoning Compliance Division
1555 North 17th Avenue
Gre
eley, Colorado 80631
WEBSITE: www.co.weld.co.us
D C E-MAIL: bsalzman@co.weld.co.us
100 X 3555
FAX: 970-304-6498
COLORADO
June 21, 2011
ALARCON ANGELINA
7435 PATRICK AVENUE
FORT LUPTON, CO 80621
Zoning Violation Case: ZCV11-00062
Legal Description: PT S2SE4 20-2-66 SUB EXEMPT SE-944 (.43R)
Situs Address: 13607 CR 18
Dear Alarcon Angelina:
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.
23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land
created under the provisions of Chapter 24,Article VIII of this Code.
Chapter 23,Article IV(4), Division 3 Mobile Homes and Manufactured Structures
23-4-130 No mobile home/manufactured structure may be located or relocated in the County
after August 25, 1981, except in accordance with this Division, including the issuance of any
zoning permit which may be required by this Section. Each mobile home/manufactured
structure located or relocated in the County after said date must have a building permit for a
mobile home/manufactured structured issued pursuant to Chapter 29 of this Code. An
application for any zoning or building permit for a mobile home/manufactured structure required
by this Division shall include the following.
To bring your property into compliance with the Weld County Code:
A double wide modular home has been brought to this property; however, I have been unable
to locate any zoning permits and/or building permits. In Weld County, even to store a mobile
home a Zoning permit and a building permit must be obtained. For questions, I recommend
you speak to Wendi Inloes, Planning Coordinator at 970-353-6100, Ext. 3543.
Page 1 of 2
Report ID: CODE000021v002 Print Date-Time: 6/21/2011 7:54:33AM
r1
*aft DEPARTMENT OF PLANNING SERVICES
6 Zoning Compliance Division
1555 North 17th Avenue
Gre
eley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
PHONE:p0 FAX: 970-304-6498 970-353-6100 X 3555
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
07/20/2011
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,
Bethany Salzman
Zoning Compliance Officer II
File: ZCV11-00062
Page 2 of 2
Report ID: CODE000021 v002 Print Date-Time: 6/21/2011 7:54:33AM
re\ fi„„4
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
0 FAX:97.0 304-6498100 X 3555
COLORADO
May 31, 2011
ALARCON ANGELINA
7435 PATRICK AVENUE
FORT LUPTON,CO 80621
Zoning Violation Case: ZCV11-00062
Situs Address: 13607 CR 18
Legal Description: PT S2SE4 20-2-66 SUB EXEMPT SE-944 (.43R)
Dear Alarcon Angelina:
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:
A double wide modular home has been brought to this property; however, I have been unable
to locate any zoning permits and/or building permits. In Weld County, even to store a mobile
home a Zoning permit and a building permit must be obtained. For questions, I recommend
you speak to Wendi Inloes, Planning Coordinator at 970-353-6100, Ext. 3543.
Please contact me within five working days of the date of this letter to review these concerns with me, 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 v �J
Zoning Compliance Officer II
File: ZCV11-00062
Page 1 of 1
Report ID: CODE000022v003 Print Date-Time: 5/31/2011 11:38:03AM
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR M(-) CD- (09
PROPERTY PROFILE
Account#: R2156003 Parcel#: 130920400055
Tax Area: 3686 Bordering Co y:
Acres 3.02 L t t—
(--4- 11.)�
Townshp Range Section Quart. Sec. Subdiviso
02 - 66 - 20 - 4 - - -
Ow_nersName &Address: Property Address:
ALARCON ANGELINA Street: 13607 18 CR
7435 PATRICK AVENUE City: WELD
FORT LUPTON, CO 80621
Business/Complex:
Sales Summary
Sale,Date Sale Price Deed Type Reception #
3/29/2010 $42,500 SWD 3685667
Legal Description
PT 525E4 20-2-66 SUB EXEMPT SE-944 (.43R)
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Residential 1112 Acres 3.02
Land Subtotal: 3.02 $61,758 $4,920
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value
Value
1 Residential
Improvements Subtotal: $1,500 $120
Total Property Value $63,258 $5,040
Building- Details
Account#: R2156003 Parcel#: 130920400055
Owners Name & Address: Property Address:
ALARCON ANGELINA Street: 13607 18 CR
7435 PATRICK AVENUE City: WELD
FORT LUPTON, CO 80621
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 1941
Exterior: Frame Stucco HVAC: Floor/Wall Furnace
http://maps2.merrick.com/Website/Weld/setSgl.asp'?cmd=QUERY&DET=PP&pin=13092..- 5/31/2011
Identify Results Page 2 of 2
Interior Finish: Drywall Built As SQ Ft: 1023
#of Baths: 2 Roof Type:
#of Bdrms: 2 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: 324 Detached SQ Ft: 0
Basement.
Total SQ Ft 0 Finished SQ Ft 0
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 5/31/2011
e eRecorded in Weld C,a y,CO Doc Id:3685667
f 04/08/2010 09:28 A 1- Receipt#:7463690
Page:1 of 2 Total Fee:$15.25
Steve Moreno, Clerk and Recorder
SPECIAL WARRANTY DEED
Fannie Mae A/HIA Federal National Mortgage Association organized and existing under the laws
of the United States of America, having an address at 13455 Noel Road, Suite 600, Dallas Texas
75240, ('Grantor), for and in consideration of the sum of Forty Two Thousand Five Hundred And
Nott00 Dollars($42,500.00),and other good and valuable consideration in hand paid to Grantor herein
by Angelina Alarcon, having an address of 7345 Patrick Street, Fort Lupton, CO 80821,
("Grantee(s)') receipt of which Is hereby acknowledged and confessed; has GRANTED, SOLD AND
CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto Grantee(s) all of the
following real property(Property),described as follows:
Subdivision Exemption No.944,according to the plat recorded October 28,2002 at
Reception No.2999879,being a part of the South 112 of the Southeast 114 of Section 20,
Township 2 North,Range 88 West of the Sbtth Principal Meridian,County of Weld,State
of Colorado.
which has a street address of: 13807 County Road 18,Fort Lupton,CO 80821.
THIS CONVEYANCE IS MADE BY THE GRANTOR SUBJECT TO THE FOLLOWING EXCEPTIONS:
a. Discrepancies, conflict in boundary lines shortage in area and encroachments which
would be disclosed through a correct and proper survey or physical Inspection of the
Property.
b. Any and all covenants, conditions, easements, reservations, rights of way and
restrictions affecting the Property as evidenced by Instruments filed in the public records
• of the county wherein the Property is located.
c. Any water rights, claims or title to water, In, on or under the land, or ditches or ditch
rights,water share,water stock,whether shown by public record or otherwise.
d. Any Interest in oil,coal and other minerals or mineral rights,whether express or Implied,
associated with,or incidental to the ownership of the Property,or the exercise of rights
under any oil, gas, coal or mineral reservation, grant or lease and all rights, privileges
and easements with respect thereto,or assignments thereof,or Interest therein,and;
e. Real Property Taxes, general assessments and special assessments on the Property
being conveyed hereby,becoming due and payable after the date of this Deed.
GRANTEE(S) by acceptance of the Deed acknowledge(s) that Grantor acquired titre to the
Property through foreclosure,deed in lieu of foreclosure or other means of enforcement of a lien
in favor of the Grantor andfor assigns. Grantor while In title, has not been in actual physical
possession of the Property, and therefore, the Property is being sold to Grantee(s), and
Grantee(s), by acceptance of this Deed accepts the Property"AS IS","WHERE IS",without any
recourse to Grantor,and with no representations or warranties of any kind or nature being made
by Grantor as to the condition, fitness or status of the Property, except as to the special
warranties of title as specifically set forth herein.
Special Warranty Deed - 17555COREO
eRecorded in Weld Cy,CO Doc Id:3685667
D4/0812010 09:28 A 1 Receipt#:7463690
Page:2 of 2 Total Fee:$15.25
Steve Moreno, Clerk and Recorder
TO HAVE AND TO HOLD the herein described Property, together with all in singular the rights
appurtenances thereto belonging unto the said Grantee(s), Grantee(s)' heirs, legal representatives,
successors and assigns forever. Grantor does hereby bind itself and Its successors and assigns to
WARRANTY AND FOREVER DEFEND the Property described herein, unto the said Grantee(s) and
Grantee(s)' heirs, legal representatives, successors and assigns against every person whomsoever
lawfully claiming the same or any part thereof,by,through or under Grantor,but not otherwise.
GRANTEE HEREIN SHALL BE PROHIBITED FROM CONVEYING CAPTIONED PROPERTY TO A
BONAFIDE PURCHASER FOR VALUE FOR A SALES PRICE OF GREATER THAN 120% FOR A
PERIOD OF 3 MONTHS(S) FROM THE DATE OF THIS DEED. GRANTEE SHALL ALSO BE
PROHIBITED FROM ENCUMBERING SUBJECT PROPERTY WITH A SECURITY INTEREST IN THE
PRINCIPAL AMOUNT OF GREATER THAN 120% FOR A PERIOD OF 3 MONTHS(S) FROM THE
DATE OF THIS DEED. THESE RESTRICTIONS SHALL RUN WITH THE LAND AND ARE NOT
PERSONAL TO GRANTEE
THIS RESTRICTION SHALL TERMINATE IMMEDIATELY UPON CONVEYANCE AT ANY
FORECLOSURE SALE RELATED TO A MORTGAGE
�� r VO,R/DEED OF,TRUST
EFFECTIVE AS OF THIS DAY OF Mir ltd h 2010
GRANTOR:
Fannie Mae AIWA Federal National Mortgage Association organized and existing under the laws
of th United States of America,By Castle Reinhold&Stawlarski,LLC,as Attorney-In-Fact
B
By: Managing Attorney,Caren
Jacobs Castle,Esq.
Attorney Reg.No: 11790
STATE OF COLORADO
CITY AND COUNTY OF DENVER
The foregoing Special Warranty Deed was isctnowledged before mer�t this. ?PI day of
Mar 1 2010 by a nn 3o. ti4ts Esq. as
Managing Attorney for Castle Meinhold & Stawlarsld, LLC, as Attorneydn-Fact for Fannie Mae AIWA
Federal National Mortgage Association organized and existing under the laws of the United
States of America.
Nq LAMSON
NOTARY CRAW
OLORADO
ss my hand and I seal. °TATE OF COLORADO
. ®
I� _ �` .w. „ww.om
Comm n e s.
L)
Special Warranty Deed 17555C0REO
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