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Home My WebLink About20111658.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1000080 AGAINST JOHN AND ALICIA ROTHERHAM 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, John and Alicia Rotherham, BCV #1000080, 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 12th day of July, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, John Rotherham, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until August 12, 2011, to allow adequate time for the necessary permit applications to be submitted. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV #1000080 be, and hereby is, referred to the Weld County Attorney's Office for legal action against John and Alicia Rotherham to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until August 12, 2011, to allow adequate time for the necessary permit applications to be submitted. C� PL, VIOL . 2011-1658 1 r] I I PL0824 VIOLATIONS - BCV#1000080 — JOHN AND ALICIA ROTHERHAM PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of July, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, CO ORADO ATTEST: ; ..'`/ \ a ara Kirkmey Chair Weld County Clerk to the `•= •(' =1�Ls'_ .— P. c Oil �^� A , `ISean '. Co ay, Pro-Tem BY: � IOW C [ r �_ ^� Deputy Clerk to the Board��MS) p (1/ WiF m F. Garcia APPROVED AS TO M: � E a\ David E. Lon County Attorney ugla adem er Date of signature: "PVC 2011-1658 PL0824 Wlige COLORADO Planning Department BUILDING VIOLATION CASE SUMMARY Violation Number: BCV10-00080 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 10376 CR 6 ROTHERHAM JOHN P &ALICIA Mailing Address: 10376 CR 6 FORT LUPTON, CO 80621 Phone: 303-669-8994 PARCEL: 146926000039-R0915301 Acreage: 14.48 Legal Description: PT NW4 26-1-67 LOT B REC EXEMPT RE-2784 (.04R) LOCATION: Location South of and adjacent to County Road 6, East of County Road 21 North Agricultural properties South Agricultural properties East Agricultural properties West Agricultural properties NOTIFICATION INFORMATION: Certified Date 06/17/2011 Certified Reference Number 7010 1870 0000 4773 8960 Posted Date VIOLATION DESCRIPTION: Change of use of existing structure without the required building permit VIOLATION REMEDY: A permit application and all applicable documentation shall be submitted for the change of use and/or work done without a permit for a medical marijuana growing operation, fees paid, the permit issued, and all inspections completed OR the structure shall be returned to the previous use. RECOMMENDATION: STAFF RECOMMENDS THIS CASE BE REFERRED TO THE COUNTY ATTORNEY FOR IMMEDIATE ACTION AS THERE ARE NUMEROUS BUILDING VIOLATIONS TO BE ADDRESSED. WORKFLOW SUMMARY: Case Initiation 06/25/2010 Initiated Violation 06/25/2010 Pending Violation 06/17/2011 Hearing Notification 2011-1658 Report ID: CODE00027v003 Page 1 of 2 Print Date -Time: 7/7/2011 9:39:35AM WIND. COLORADO Planning Department BUILDING VIOLATION CASE SUMMARY OTHER CASE HISTORY: 06/25/2010 Phone Call Phone call from Ken Swanson advising a building permit is required for change of use. 06/30/2010 Office Visit Permit submitted for change of use of existing detached garage for medical marijuana grow facility. 07/06/2011 E-mail sent Frank Piacentino sent an e-mail to owner regarding requirements for building permits as a follow-up to the inspection INSPECTION SUMMARY: Building Code Inspection 07/06/2011 Noncompliance Frank Piacentino Inspection Result Comment BUILDING PERMITS REQUIRED FOR MEZZANINES, HEATING AND AIR CONDITIONING, WATER HEATER, BATHROOMS, ELECTRICAL, AND WALL COVERINGS. Report ID: CODE00027v003 Page 1 of 2 Print Date -Time: 7/7/2011 9:39:35AM DEPARTM AT OF PLANNING SERVICES BUILDING COMPLIANCE DIVISION 861 - 2011I 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 June 17, 2011 JOHN P and ALICIA ROTHERHAM 10376 CR 6 PO BOX 552 FORT LUPTON CO 80621 NATURE'S HERBS& WELLNESS CENTER 522 27 ST GARDEN CITY CO 80631 Subject: BCV10-00080, Part of the NW4 of Section 26, Ti N, R67W, of the 6'° P.M., Weld County, Colorado Dear Mr. and Mrs. Rotherham: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on July 12, 2011, at 10:00 a.m., to consider the violations. The property is in violation of the following Sections of the Weld County Code: Section 29-3-10 "Building permit required." Section 29-3-40.B "Additions, alterations, or repairs." Section 29-3-50.B "Existing use or occupancy." To bring your property into compliance: Permit application(s) and all applicable documentation shall be submitted for any changes, additions, alterations, or repairs which have been made to any structure(s) being used for the medical marijuana grow facility, fees paid, the permit(s) issued, and all inspections completed OR Remove all changes, additions, alterations, or repairs and schedule an inspection to verify the structure is no longer a medical marijuana grow facility. To schedule an inspection with Frank Piacentino from the Building Inspection Department, call 970-353- 6100 Ext. 3531 or Bethany Salzman, Zoning Compliance Officer at 970-353-6100 Ext. 3555. This meeting will take place in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. • page two 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. Sin A rtet Peggy Gregory Building Compliance Officer pc: BCV10-00080 ZCV11-00066 ,! tr e,u�wi -�x4 Pr L` tat "t`H e "t f`�+gl�,,,,--;,740,47,4,41.,:.,„, -;,74 "p�, , C g ` w Nrt l >` s w` /3� sP•• � f I'Tr f, Y) ,r.Eir: :Um S7� . co1=.a t' ., 1•1 r4r ? �• '- ".J+e+w,�[.T•`,'e';b �w .� .�.a l! • ,:/ c. - : M1 m NN Posta e $ , S N Pontagu $ Cu;li0atl Fee �. p Certified Fee p !@ua serum ReceiptFe Postmni I. CI p ntent Required) Hera ICI Return Receipt Fee Postmark p Restricted Delivery Fee C (Enoors,ed R Required) Here p (Ennorsemenl Requ red) O _ oSli:cied Delivery FeeI co lctal Postage 8 Fees N p tLncorsement Required) N r-9ep )t el Poste ge&Fees s:„.' r✓O�l1.1.1:1�. ._: 1�u�.�.�l.iF_�nT -l_erl'{f� t�_.j p ri State.,ZIP4-4 „\ # 14 121 G�l�fl .. L !\c ..k ,Mxr ,� C � [t N i ❑ xNu�.• 1 ^ ,�.Y�_._SJ'_J\ a Lurk, ? c .. ,. •., .� t Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0915301 Parcel#: 146926000039 Tax Area: 2504 Bordering County: Acres: 14.74 Township Range Section Ouart.Sec. Subdivison Name Block# Lot# 01 -67-26-0 - - Owners Name&Address: Property A dress: ROTHERHAM JOHN P& Street: 10376 6 CR P 0 BOX 552 City: WELD FORT LUPTON, CO 80621 Additional Owners: ROTHERHAM ALICIA Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description PT NW4 26-1-67 LOT B REC EXEMPT RE-2784(.04R) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4127 Acres 4 Agricultural 4127 Acres 10.74 Land Subtotal: 14.74 $846 $250 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Out Building Improvements Subtotal: $347,190 $29,590 Total Property Value $348,036 $29,840 Building Details Account#: R0915301 Parcel#: 146926000039 Owners Name&Address: Property Address: ROTHERHAM JOHN P& Street: 10376 6 CR P O BOX 552 City: WELD FORT LUPTON, CO 80621 Building# Property Type 1 Residential http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14692... 6/14/2010 Identify Results Page 2 of 2 Individual Built As Detail Built As: 2 Story Year Built: 1995 Exterior: Frame Masonry Veneer HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 2692 #of Baths: 4 Roof Type: #of Bdrms: 3 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 9 Units: 0 Garage• Attached SQ Ft: 490 Detached SQ Ft: 0 Basement: Total SQ Ft 0 Finished SQ Ft: 0 Account#: R0915301 Parcel#: 146926000039 Owners Name&Address: Property Address: ROTHERHAM JOHN P& Street: 10376 6 CR P 0 BOX 552 City:WELD FORT LUPTON,CO 80621 Building* Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1998 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 2400 #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.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14692... 6/14/2010 Reoerdedu ,.a M.. —2432533 B-1485 P-792 04/03/95 03:47P PO 1 OF 1 REC DOC AR2432533 =Weld County CO Clerk & Recorder 5.00 QUITCLAIM DEED THIS DEED,Made this 3 dayof APRIL ,1995. between JOHN A. ROTHERHAM AND MARY L. ROTHERHAM JOHN P. ROTHERHAM AND ALICIA ROTHERHAM ofthe SAID •County of WELD and State of Colorado.graetmt4.and JOHN P. ROTHERHAM AND ALICIA ROTHERHAM whose leo aggress is 12434 ASH THORNTON COLO 80241 of the SAID ownty of ADAMS and State ofCobmdo,gremeda). WITNESSEIN,That the grantor(s),for and in consideration of the sum of$1.00 ONE DOLLAR AND NO CENTS Dollen the receipt and sufficiency of which is hereby acknowledged,ha V E remised,released,sold and QUITCLAIMED,and by these presents do remise,release,sell and QUITCLAIM unto the grantee(s).TH IER heir,succesmn and assim forever,all the right,title,interest,claim and demand which the grantor(s)ha VS in and to the real property,together with impwvlmlats,if any,situate,lying and being in the SAID countyof WELD and State of Coimed4 described as follows: LOT A-- RECORED EXEMPTION NO. 1469 —26 — 2 — RE — 1672 A PART OF THE NORTHWEST ONE - QUARTER SEC 26, TOWNSHIP 1 NORTH RANGE 67, WEST OF THE SIXTH PRINCIPAL MERIDAN WELD COUNTY, COLORADO B — 1478 P— 156 1/31/95 also known by sheet aridnumbar as: 10376 W.C.R. assessor's schedule or parcel number. TO HAVE AND TO HOLD the same,together with all and singular the appuneoams.and privileges theramso belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor(s),either in lower equity, to the only proper use,benefit and behoofofthe grantec(s)TH IER heirs and assigns forever. IN WITNESS WHEREOF The grantor(s)haV E aeerrted this deed on the due qt forth above., SaleV /1 • STATE OF COLORADO, as County of nn The foregoing Instrument was acknowledged before me this .�rtl day of !I-if"i �� .19'I K byTchr, R. K ,A-I\trrIittri , lf�rr'��il I.. 1..1-hr1- tn '1 apt" F' F.'CA\\erV., c-, ,'.trA Ht 1-11" �;Ck\',rrF,in't My commission expires Witness my hand and official seal. MY CA!iMISSIOR EXPIRES 9,� � , I ht,ndn \,. `,cic, BRENDA K.KAST geurr • aDentt,4911$IyEWBUC STATE OF COLORADO warrndAaam Race Oat*Newt,Ousel Lepllbatwbaq 3S31•rm3,Ca31 No.933.Stec taa. gincum m, awdlad 9tbtirWag,Ile Weser Si.Darer,COMM—(103)3923100_044 j`� Recorded al o'clock M., ,�l�, \(�\ Recorded Mn Recorder. 'I r AR2YH5624 WARRANTY DEED THIS DEED.Made this 31ST day.of AUGUST,1994 between MARY ANN HOOD of the County of and State of,grantor, and JOHN A. ROTHERHAM and MARY L. ROTHERHAM and JOHN P. ROTHERHAM and ALICIA ROTHERHAM whose legal address is 196 1ST STREET, FORT LUPPON,COLORADO 80621 rof the County of WELD andState of COLORADO,grantees: O WITNESS, that the grantor, for and in consideration of the sum of SIXTY-NINE THOUSAND AND 00(100tks DOLLARS, ($69,000.00), the receipt and sufficiency of which-iv hereby-acknowledged.has granted,bargained,sold and conveyed,and by these 0 presents does gram, bargain,sell,convey and confirm unto the grantees,their heirs and assigns forever,not to tenancyin common:but in John tenancy,all the real property,together with:impravements,df any,situate,lying and beingm the County of WELD,and State of Colorado,described as follows: SEE ATTACHED EXHIBIT A 21 Q17 B-1458 P-521 09/O7/94 04:05P PG 1 OF 2 REC DOC (5 Mary Ann Feuerstein Weld Co., Clerk & Recorder 10.00 6.90 y , i also known by street and number as VACANT LAND,FORT LUPTON,COLORADO 80621 v TOGETHER with all and singular the hereditament! and appurtenances- thereunto belonging, or in anywise appertaining and the v reversion and reversions, remainder and remainders, tents,-issues and profile thereof,and all the estate,right.dtle,'tnterest,claim and 1 .- demand whatsoever of the grantor, either in law or equity, of, in and to-the above bargained premises,with the hereditaments and (n.-- appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances.unto the grantees,their heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantees,their heirs and assigns,that at the time of the=sealing and delivery of these presents,he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance,in law,in fee simple,end.has good right,full power.and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature soever. except for taxes for the current year,a lien but not yel due or payable,eaatments,restrkdons,reservations,covenants and rights-of-way of record,If any, The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises:in the quiet and peaceable possession of the grantees,their heirs and assigns,against all and every person or persons awfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN-TFNESS WHEREOF the grantor has executed this deed on the date set rth above. ,�rr i STATE OF COLORADO a COUNTY OP ADAMS ) The foregoing instrument was acknowledged before me this 31ST day of AUGUST,1994 by MARY ANN HOOD My commission expires: 03-29-98 Witness ref hand and off c al seal. 1 ANA L. LUCERO Cl 4 NOTARY PUBLIC Nee"')-"" `� STATE OF COLORADO I. My Cammixsmn r•µres 3-29-98 No.NIA.Rev.345 WARRANTY n®(to hat Tread. EMI!.. . A r �, 2405624 B-1458 P-521 09/07/94 04:05P PG 2 OF 2 .4 The Northeast quarter of the Northwest quarter of Section 26, Township 1 North, Range 67 West of the 6th P.M. , and a strip of land 22 1/2 feet wide off of the East side of the Northwest quarter of the Northwest quarter of said Section 26, Township 1 North, Range 67 West of the 6th P.M. , except that part of said land described as follows: Commencing at a point 126 feet West of the Northeast corner of the Northwest quarter of Section 26 Township 1 North, Range 67 West of the 6th P.M. , thence due West 1166 1/2 feet; thence due South 45 feet; thence due East 904 1/2 feet; thence due South 25 feet; thence South 79020' East 266 feet; thence due North 118 feet to point of beginning. COUNTY OF WELD, STATE OF COLORADO A 4 • •8 :z :➢ Hello