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Home My WebLink About20110117.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1000071 AGAINST TRAVIS BELL 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, Travis Bell, BCV #1000071, 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 11th day of January, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Travis Bell, property owner, was not present; however, the tenant, Nutritional Supplements, LLC, represented by Rita Connerly, was 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 February 11, 2011, to allow adequate time for the applicants to provide staff with all appropriate documentation, as well as have all inspections completed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV #1000071 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Travis Bell 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 February 11, 2011, to allow adequate time for the applicants to provide staff with all appropriate documentation, as well as have all inspections completed. 2011-0117 - - l I PL0824 VIOLATIONS — BCV#1000071 — BELL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C L RADO ATTEST: f Jt( A- arbara Kirkmeyer, Chair Weld County Clerk to �' • , --A /7 4-9 � ate ;? 7 � Sean P. Co y,, Pro-Tem 4 Deputy Clerk to the B. 1'd W' F. Garcia APP D AS RM: 0 C David E. Long ounty Attorney EXCUSED Douglas Rademacher Date of signature: * 2011-0117 PL0824 A(104; h iDe Planning Department BUILDING VIOLATION CASE SUMMARY Violation Number: BCV10-00071 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 1791 CR 36 BELL TRAVIS Mailing Address: 1791 COUNTY RD 36 BERTHOUD, CO 80513 Phone: 801-309-5299 VIOLATION CONTACTS: David Garofolo 1791 CR 36 BERTHOUD, CO 80513 PARCEL: 120705000010-R4714686 Acreage: 103.82 Legal Description: 25469 THAT PT SE4 5 3 68 N OF CO RD EXC 6.5A RES ALSO EXC PT SE4 W OF FLUME LAT DITCH (22A) ALSO EXC S & E OF MEAD LAT(12RES2R2D) LOCATION: Location North of CR 36,West of CR 5 North- Agricultural properties South- Agricultural properties East- Agricultural properties West- Agricultural properties NOTIFICATION INFORMATION: Certified Date 12/27/2010 Certified Reference Number VIOLATION DESCRIPTION: Three outbuildings being used for medical marijuana growing and processing that have not been permitted. Stop Work Order was issued but construction continued. VIOLATION REMEDY: Remedy 1 All required information shall be submitted for the building permit applications that have been submitted for the remodel and change of use of three outbuildings, fees paid, the permits issued, and all inspections completed. Required items: address occupancy loads for F1, not warehouse, letter from employer stating all employees have access to the restroom in the residence on site at all times of employees hours, accessible parking—entrance, accessible route to bathrooms, Comcheck—building envelope, mechanical, and electrical, sheetrock—address humidity, septic information, water information, lease agreement, structural engineer sign-off for exiting buildings (meets the design criteria of Weld County), unisex bathroom not allowed, Fire District notification. Report ID: CODE00027v003 Page 1 of 2 Print Date-Time: 12/28/2010 9:04:07AM feat WU`Re Planning Department BUILDING VIOLATION CASE SUMMARY RECOMMENDATION: Staff recommends this case be referred to the County Attorney for immediate action as the owner was issued a Stop Work Order but continues to work and has not submitted the required permits. WORKFLOW SUMMARY: Case Initiation 06/17/2010 Initiated Violation 06/17/2010 Violation Notice Letter Violation 06/29/2010 Hearing Notification OTHER CASE HISTORY: 06/18/2010 Other Application for Nonconforming Use submitted to the Planning Department. 06/30/2010 Other Building permit applications submitted. 12/09/2010 Office Visit Meeting with Kevin Lamar, Rita Connerly, Bethany Salzman, Ken Swanson, and Tom Parko to discuss the Bell violation. Ken stated the condition of the three buildings when he did a site visit with Travis Bell in May, 2010. A Stop Work Order was issued at that time. Building permit applications were submitted but the required information has not been received so the permits have not been issued but construction has continued. Ken will provide a list of the items needed to complete the processing of the permit applications. We also discussed the NCU and the fact that buildings B and C were not in use prior to June 1, 2010. 12/21/2010 Phone Call Ken Swanson, Tom Parko, Bethany Salzman, and I attempted to call Travis Bell in response to his phone call to Bethany. No answer and no voice mail. 12/22/2010 Phone Call Again attempted to call Travis Bell, no answer and no voice mail. Report ID: CODE00027v003 Page 1 of 2 Print Date-Time: 12/28/2010 9:04:07AM DEPARTMENT OF PLANNING SERVICES r Building Compliance Division I 1555 N 17"AVE, Greeley, CO 80631 WI C Website: www.co.weld.co.us O E-mail Address: pgreaory@co.weld.cc us Phone: (970) 353-6100. Ext. 3568 Fax: (970304-6498 COLORADO - December 27. 2010 TRAVIS BELL DAVID GAROFOLO 1791 CR 36 BERTHOUD CO 80513 Subject: BCV10-00071, Part of the SE4 of Section 5. T3N. R68W of the 6th P.M.. Weld County. Colorado Dear Mr. Bell: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of Ccunty Commissioners on January 11, 2011, at 10:00 a.m. The property is in violation of the following Sections of the Weld County Code: Section 243-10 "Building permit required." Section 29-3-40 "Additions, alterations or repairs." Section 29-3-320 "Change is use." Section 29-11-20 "Stop orders." Section 29-11-30 "Occupancy violations." To bring your property into compliance: All required information shall be submitted to complete processing of the building permit applications that have been submitted. fees paid, the permits issued, and all inspections completed. This hearing will tare 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. rice ly. '1$194/ 1 Orr Peggy Gregory Building Compliance Officer pc: BCV10-00071 Bethany Salzman, Zoning Compliance Officer Electronic Copy: rconnerly fwlavw.corn Klarmar83taaol corn � � i1uu1:4rv • 4. In ki v ,mss_ . �`{ 1. 4 e Lt`i F ,. � x',44 t " , • ` \ ` !., ck R 41 'C'.i, r . 1 ch i) I 14..:4 1 o .e. Ja14 M Ca •.•Al A \ H1 ® � , � Kt i I I$ kli w1 , J ,\ : tia . ki \lik , 11 N s tts \mob` 7 : . 4 4 4 • • L. -t j 1. I \ �^ \-, w y . st: II: \II ‘Ox: I • t thA • 1 in44 .1111 4 t. a NI 4`...4t. ry -is cr. v \t a 4. IA4 c � a X 441 k 1, 1, VM1 r o 4 , -W ! ‘ a t rst ` w t ‘) kbaN 44 f ;- ‘1‘• ti • h % \ NI; _ ay i s $ i ? �3 s. -i rio ,4 ty, •m I`� : 3 k; `� ,� "ralzi „�v ";--J a i e •• N o V `1 ti s w NAY , r fil"1 OLot I t Cr-nw 250 Broadway 1100 Denver CO 80203 303-300.65110 2/6/2010 4:03:18 PM. SAT Ticket: 15329 - ReglU: I Location: Let it GroR Denver Clark: 85 mike Customer ID: mike•keenan ---- - - _____ - --- -- Payments Amount Lily Description Amount -_-__—_____ ------- I RARE EARTH 1.5 LB (S$ GNI321, $5.50 $322.110 II 128286) Total: $322.00 (Was $8.24. Saved $1.651 Change: $0.01 1 GH DIAMOND BLACK 1 LB (SI $6.50 041341. It 2364) (Was $6.98, Saved $1.40) Total Saved: S74 . 75 1 GH MAXI GR0 4 LB (SI 0111212. $23.88 1$ 117) (Nos $29.99, Saved $6.00) 1 OM MAX) BLOOM 4 LB (SI GR1222. $23.98 lax Jurisdiction Sales Tax II119) .------------•-•- ____ _--... ... ..--- (Was $29.98. Saved $6.00) Denver $298.91 $23.08 1 clonex gel 260m1 (SI 728010. $36.00 II 567383) (Was $45.00. Saved $9.00) All returns subject to approval a 25% 1 humbolt saa nag qt (St 723068. $10.19 restocking tee.It 594806) Receipt required for oil returns. Store credit (lies-$2'3.9S, Saved $4.00) only. 1 Sea Cal qt (SE 723060, II $27.19 141245) (Was $33.99, Saved $6.801 48 GROGAN HUGO 6X6X5.8 (Si $124.80 713085. I1 026780) (Was $3.25. Saved $31.20) 4 DOME. NOW 7" (SI 726241. II $22.24 442923) (Was $6.95, Saved $5.56) 6 MOND1 PROP TRAY 10X20 (81 $9.36 I1CTRAY, II 221418) (Was $1.95, Saved $2.34) Sub Total: $298.91 lax: $23.08 Total: $321.99 Item Count: 65 Fes` Let It Grow 250 Broadway 11100 Denver CO 80203 303-300-6500 11/22/2009 3:40:26 PM. SON 4 Active Aqua Pump 550 6PH (St $143.84 Ticket: 12908 - Reg10: 1 AAPW550, IR 298144) Location: lel it Grow Denver (Was $44.95, Saved 535.96) 0 Clerk: 85 2 ACTIVE AQUA 400 GPM PIMP (St $43.12 AAPW400, It 986193) mike/keenan (Was $26.95. Saved $10.78) Customer ID: mike I 2X4 WHITE FLOOD TABLE.(St 855.98 BCPT2X4, 18 425436) (Was $69.95. Saved $13.99) ---------- -- -- ---- 1 25 gal sea black (St N/A) $49.55 Qty Description Amount (Was $61.95. Saved $12.39) • 25 gal res cover black (St $25.55 2 RADIANT 8" A/C REFLECTOR (SI $303.92 H/Al RD8A0. I/ 1350) (Was $31.95. Saved $6.39) (Was$180.95. Saved $75.981 1 TS IT 4' 4 TUBE SYSTEM $151.96 2 SM 1000W SUPER HPS (St St. $190.40 • W/TUBES (St FLP44. Tt 313347) 1000Y_U25.YRD. IS 1416) (Was $189.95, Saved $37.99) �— (Was$119.00, Saved $47.60) 10 MEDIUM ROUND AIRSTONE (St $28.00 -.___- - - - . ? BALLAST-NEXTOEN 1000 (Sc $638.32 728410. It 2206) Payments Mount N81O0o• It 512241) (Was $3.50. Saved $1.00) ----'------ ------------- (Wes$398.95, Saved 8159.581 1 ACTIVE AQUA CONKER AIR 8 ISO $52.76 CASH $4.220.22 2 15' l/S LAMP CORD EXTEN (SI $31.82 PU7OL, IS 3431) tote!: $4,221).22 CSXCORD, It 1830) (Was $85.95, Saved $13.19) (Was $19.95, Saved $7.98) 1 BLACK HOSE ROLL 1/4" INSD 1' $12.80 2 40 gal resevoir buttes (St $127.92 (5a HGT82S. II 3536)701155. II 124763) (has $16.00, Saved 53.20) Total Saved: $979.4- (Was$79.95, Saved $31.981 2 HF DUAL CUTLET TIMER (SO $28.72 2 40 GAL RESERVOIR LID ONLY (St $67.92 1H010150. It 1691) AARES4OL. II 2431) (Was $17.95, Savod $7.18) -----' ------. • ------- (Was 554.955. Saved 521.98) 1 MEASURE CUP 8 07 M/LOGO (SI $1.60 Tax Jurisdiction Sales Tax 1 CF CAN FAN MAX 8", 65400t (St 5229.3? HC41C25(18, It 628894) -- - ------ -----• CHINAS. II 525571) (Was $2.00. Saved $0.40) Denver $3.917.77 $302.4 (Was $286.65. Saved 557.33) 1 MINI MEASURE MOT GLASS (St $2.87 2 peraaduct 8" x 25' (SI N/A) $62.32 0630001, I/ 966) (Was $38.95, Saved $15.581 (Was $3.59, Saved $0.72) All returns subject to approval & 25% 1 OF CM FILTER 125 (Si $261.32 1 HG HDLTI ENZYME 20 L (9R $436.80 restocking fee. SCCIFLTR125, it 1246) H'G703, 14 2240) :clot required for all returns. Store rt (Was $326.65, Saved $65.331 (Has $546.00. Saved $109.201 only. I CF CAN FLANGE 10" (SS CFF10. $10.71 1 MG BUD XL 20 L (SS 146803. ID $588.79 It 3475) 2251) (Was $13.39. Saved $2.68) (Was 1735.99, Saved $147.20) 1 REDUCER 10" TD B" (SO 736212. 511.59 1 HG TOP BOASTER 5 L (St H0902, $79.99 11 480) 14 124$) (Was $14,49. Saved $2.90) (Was $99.99, Saved 420.00) 3 1/2" DRAIN BOTTOM (St I6. $7.08 20 MG SHOOTING POWDER SACHT (SI $234-40 WAIN. It 663268) H01001. It 1218) (Was$2.95, Saved 51.77) (Was $14.65. Saved $58.60) 3 SCREEN TOP ONLY (SI 165SCREFN, $4.77 -- ID 1996) Sub Total: $3.917.77 (Was $1.99. Saved $1.20) Tax: $302.45 3 3/4" DRAIN BOTTOM (St 17.08 IGS314DRA1N, is 1997) Total: $4.220.22 (Was $2.95. Saved $1.77) 3 SCREEN N/ FIXED 3" RISER (St $a.45 ttea Count: 79 IUSSC3RI5E, It 1597) (Wag. $2.69. Saved 51.621 R&D ELECTRIC and LIGHTING DESIGN Invoice P.O. Box 261366 Date Invoice# Lakewood,CO 80226 Phone: (303) 736-2230 5/21/2010 10050707 Fax: (303) 736-2231 Bill To • Budding Health '- Mike Zampato 2042 Arapahoe Street Denver,CO 80205 P.O.No. Terms Project Due on receipt Quantity Description Rate Amount Completion of rough electrical installation(7,0%)as per Proposal#10050501. 17,068.00 17,068.00 Installation of 20amp circuit and disconnect for beat/cool unit in isolation room. 340.00 340.00 Installation of 20amp circuit with receptacles for water pump. 290.00 290.00 Installation of 20amp circuit with receptacles for reverse osmosis and heater. 360.00 360.00 A' lelrhl Total $18,058.00 Travis Bell Building permits BCR10-00560 change of use of existing building for medical marijuana operation BCR10-00561 change of use of existing building for medical marijuana operation BCR10-00562 change of use of existing building for medical marijuana operation BCR10-00563 greenhouse—not for medical marijuana BCR10-00564 greenhouse—not for medical marijuana BCR10-00565 greenhouse—not for medical marijuana RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1000071 AGAINST TRAVIS BELL 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, Travis Bell, BCV #1000071, 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 13th day of July, 2010,a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, at the request of Planning staff, the Board deems it advisable to refer the matter back to the Department of Planning Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV#1000071 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 13th day of July, A.D.,2010. BOARD OF COUNTY COMMISSIONERS WELD COU i COLORADO ATTEST: y • L`.�� `�'i a �._ • gl-- Radem-'J`er,Chair Weld County Clerk to the Bo- `. 1861 USED - 1 ara Kirkmeyer, Pro-Tem Qnt •�' •.. Dep Clerk o the Board ';jc-j �_. Sea „ ay A" ,OV•' ASTO • VWIi m F. Garcia my tt•mey EXCUSED David E. Long Date of signature: 3't tic Cc PL , vit;1. 30I l0 2010-1513 PL0824 DEPARTMENT OF PLANNING SERVICES a — Building Compliance Division 918 Tenth Street Gr eeley,Colorado 80631 ' WEBSITE: www.co.weld.co.us 111 E-MAIL: pgregory@co.weld.co.us FAX PHONE: 970-353-6100 x3568 970 304 6498 COLORADO June 29,2010 Bell Travis 1791 County Rd 36 Berthoud, Co 80513 Building Violation Case: BCV10-00071 Legal Description: 25469 THAT PT SE4 5 3 68 N OF CO RD EXC 6.5A RES ALSO EXC PT SE4 W OF FLUME LAT DITCH(22A)ALSO EXC S& E OF MEAD LAT(12RE$2R2D) Situs Address: 1791 Cr 36 Dear Bell Travis: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on 07/13/2010 at 10:00 AM . The above mentioned property remains in violation of the following Section(s)of the Weld County Code: 29-3-10 "Building permit required." No building or structure regulated by this Building Code shall be erected, constructed, enlarged,altered,repaired,moved,improved,removed,converted or demolished unless a separate building permit for each building or structure has been first obtained from the Building Inspection Department. (Before any demolition permits are issued, approval must be given by the Department of Public Health and Environment.) 29-3-40."Additions,alterations or repairs? A.Additions,alterations or repairs may be made to any building or structure without requiring the existing building or structure to comply with all the requirements of this Chapter, provided that the addition,alteration or repair conforms to that required for a new building or structure. B.Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be in violation of any of the provisions of this Building Code,and such additions or alterations shall not cause the existing building or structure to become unsafe.An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded,will not provide adequate egress in compliance with the provisions of this Building Code,will obstruct existing exits,will create a fire hazard,will reduce required fire resistance or will otherwise create conditions dangerous to human life.Any building so altered,which involves a change in use or occupancy, shall not exceed the height,number of stories and area permitted for new buildings.Any building plus new additions shall not exceed the height, number of stories and area specified for new buildings. C.Additions or alterations shall not be made to an existing building or structure when such existing building or structure is not in full compliance with the provisions of this Building Code,except when such addition or alteration will result in the existing building or structure Page 1 of2 Report ID: CODE000028v001 Print Date-Time: 612W2010 9:31:33AM DEPARTMENT OF PLANNING SERVICES (1 Building Compliance Division Greeley, Tenth Street Greeley, Colorado 80631 irat( I4°.g WEBSITE: www.co.weld.co.us E-MAIL: Pgregory@co.weld.co.us VI C FHONE: FA : 970-304-6498 970-353-6100 x3568 COLORADO being no more hazardous based on life safety, fire safety and sanitation, than before such additions or alterations are undertaken. D.Alterations or repairs to an existing building or structure that are nonstructural and do not adversely affect any structural member or any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed. The installation or replacement of glass and electrical devices shall be as required for new installations. 29-3-320 "Change in use." Changes in the character or use of a building shall not be made except as specified in Chapter 34 of the IBC or Appendix J of the IRC. To bring your property into compliance with the Weld County Code: Permit applications and all applicable documentation shall be submitted for the remodel and change of use of three outbuildings, fees paid, the permits issued, and all inspections completed. 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 your 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 Weld County Building Department 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. U.S.Postal Se ices, sin so CERTIFIED MAILr RECEIPT Er- (ConteatltMallOnly;Ncrinaumance Coverage Provided) r.• .Ivery.I •rmatl nvkR ur :.. atwww.us.:..•ms iZQpp ll 0_ o • Peggy Gregory Postage $ Building Compliance Officer Certified Fee File: BCV10-00071 p p Retum Rodeo'Fee Postmark (Endorsement Required) Here Restricted Fee a (Endorsement Delivery t Required) O a Total Postage&Foes m Page 2 of 2 C Sent To Travis Bell Report ID: CODE000028v00r N Skeet,Apt Na.; orPC Box Na. 1791 CR 36 City,State,ZIP-+-4 Berthoud CO 80513 '.SFamr38001.June200z _ Seepererselorlrratrucnons SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatur- item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X- - — "'— �` 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, r—��5 or on the front if space permits. ! (≤ D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No TRAVIS BELL 1791 CR 36 BERTHOUD CO 80513 3. Service Type Cn Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7003 1010 0002 8989 3904 (Transfer from service label, PS Form 3811, February 2004 Domestic Return Receipt 102555-02-M-1sro fin DEPARTMENT OF PLANNING SERVICES tiThtio Building Compliance Division 1555 North 17th Avenue Gre eley,Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: pgregory©aco.weld.co.us C PHONE: 970-353-6100 x3568 FAX: 970-304-6498 COLORADO June 17,2010 Bell Travis 1791 County Rd 36 Berthoud, Co 80513 Building Violation Case: BCV10-00071 Legal Description: 25469 THAT PT SE4 5 3 68 N OF CO RD EXC 6.5A RES ALSO EXC PT SE4 W OF FLUME LAT DITCH(22A)ALSO EXC S& E OF MEAD LAT(12RES2R2D) Situs Address: 1791 CR 36 Dear Bell Travis: It has been determined that the above noted property is currently in violation of the following Section of the Weld County Code: 29-3-10 'Building permit required." No building or structure regulated by this Building Code shall be erected,constructed, enlarged,altered, repaired, moved, improved, removed,converted or demolished unless a separate building permit for each building or structure has been first obtained from the Building Inspection Department.(Before any demolition permits are issued,approval must be given by the Department of Public Health and Environment.) 29-3-40."Additions,alterations or repairs." A.Additions,alterations or repairs may be made to any building or structure without requiring the existing building or structure to comply with all the requirements of this Chapter,provided that the addition,alteration or repair conforms to that required for a new building or structure. B.Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be in violation of any of the provisions of this Building Code,and such additions or alterations shall not cause the existing building or structure to become unsafe.An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded,will not provide adequate egress in compliance with the provisions of this Building Code,will obstruct existing exits,will create a fire hazard,will reduce required fire resistance or will otherwise create conditions dangerous to human life.Any building so altered,which involves a change in use or occupancy,shall not exceed the height,number of stories and area permitted for new buildings.Any building plus new additions shall not exceed the height, number of stories and area specified for new buildings. C.Additions or alterations shall not be made to an existing building or structure when such Page 1 of 2 Report ID: CODE0000ev003 Print Date-Time: 6/17/2010 2:00:31PM "1 6h DEPARTMENT OF PLANNING SERVICES Building Compliance Division 1555 North 17th Avenue Greeley,Colorado 80631 I WEBSITE: www.co.weld.co.us E-MAIL: pgregory@co.weld.co.us PHOE: 970-353-6 C FAX:N 970-304-6498100 703046498100 x3568 COLORADO existing building or structure is not in full compliance with the provisions of this Building Code,except when such addition or alteration will result in the existing building or structure being no more hazardous based on life safety,fire safety and sanitation,than before such additions or alterations are undertaken. D.Alterations or repairs to an existing building or structure that are nonstructural and do not adversely affect any structural member or any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed.The installation or replacement of glass and electrical devices shall be as required for new installations. 29-3-320 "Change in use." Changes in the character or use of a building shall not be made except as specified in Chapter 34 of the IBC or Appendix J of the IRC. To bring your property into compliance with the Weld County Code: Permit applications and all applicable documentation shall be submitted for the remodel and change of use of three outbuildings,fees paid,the permits issued,and all inspections completed. 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 06/28/2010 to correct this building violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. 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 to schedule an appointment so that I may reserve a sufficient amount of time with you. Si l l I V ng Peggy Gregory Building Compliance Officer File: BCV10-00071 Page 2 oft Report ID: CODE00008v003 Print Date-Time: 8/17/2010 2:00:31 PM CULTIVATION PACILITY LEASE ARTICLE ONE: BASIC TERMS This Article One contains the Basic Terms of this Lease Agreement between the Landlord and Tenant named below. Other Articles, Sections and Paragraphs of the Lease referred to in this Atele One explain and define the Basic Terms and are to be read in conjunction with the Basic Terms. Section 1.01 Date of Lease:March 15,2010 Section 1.02 Landlord: Travis Bell,having its principal place of business at 1791 County Road 36 Berthoud,Colorado 80513. Section 1.03 Tenant Nutritional Supplements tie. a Colorado limited liability company hiving its principal place of business at 2042 Arapahoe St Denver,CO 80205 Section 1.04 Premises: The Premises consist of approximately 107.865 acres, The Facility consists of a house of approximately 2,70D square feet and three existing barns;Barn A approximately 1920 square feet,Barn B approximately of 2000 square feet,and Barn C approximately 3,840 square feet of space as delineated on the site plan attached hereto as Exhibit A (the "Site Plan") in a multi-tenant cultivation facility(the"Facility")commonly known as 1791 County Road 36 Berthoud,Colorado which is located on certain land located in Weld County,Colorado,and more particularly described on Exhibit B attached hereto (the "Property"). The area of the Premises and of the entire Facility set forth in this Section 1.04 shalt be conclusive in the absence of fraud ar manifest error.Tenant is leasing a portion of Barn C shown and described on Exhibit C comprising approximately 1920 square feet. Section 1.05 Lease Term: Five(5)years beginning on the Commencement Date(as set defined in Section 2.02 below). Notwithstanding anything set forth in this Lease to the contrary, in the event that the laws (federal, state, or local) change such that Tenant cannot operate from the Leased Premises or that the Leased Premises cannot be used for any one or more of the enumerated uses set forth in Section 1.06 of this Lease, Tenant shall have the option, upon fifteen (15) days prior written notice to Landlord, to terminate this Lease without liability. Tenant shall vacate and surrender the Premises in accordance with Section 6.06 of this Lease and the Lease shall terminate and the parties shall be released hereunder, except with respect to those matters which expressly survive termination,and except that Landlord shall promptly refund any amount paid to it by Tenant hereunder. Section 1.06 Permitted Uses: Tenant shall use the Leased Premises for a pain management clinic, which may include, at Tenant's sole election, the cultivation of medical marijuana or similar type uses("Permitted Use") . Landlord represents that Tenant's use of the Leased Premises for the Permitted Use will not increase the cost to Tenant of Landlord's insurance. Tenant shall not do or permit anything to be done in or about the Leased Premises which will in any way obstruct or materially interfere with the rights of other tenants or occupants of the Facility or injure them, or use or allow the Leased Premises to be used for any unlawful purpose; nor shall Tenant cause, maintain or permit any unlawful nuisance in, on or Tenant warrants that it has had no dealings with any real estate broker or agents in connection with the negotiation of this Lease except the broker or brokers named in Section 1.09 above,and that it knows of no other real esrats broker or agent who is entitled to a etnnnission in connection with this Leese. IN WITNESS WFdERECIr,Landlord and Tenant have executed this Lease as of the data sot forth in Section 191 above. LANDLORD:Travia Bell By TENANT:Nutr(tlauel Supplements Ur— Ely — — t? i'd 6066ZtZOZL telueo Suiolpew ui eaeed tun= tahoretbr: STATE COUNTY COI ORA[If1 I ARTMFR SALES TAX I ACCOUNT NUMBER LIAStLfTY INFORMATION ISSUE DATE WC D eon= M for a1 on= Gal eV I m law wwr. "S I al. a DEcEMER31 LICENSE 42-69115-0003 06031 Et 100109 .©CT 2D 09_ 2009 MSS LICENSE MUST SE POSTED AT THE FOLLOWING LOCATION THIS LICENSES NOT IN A CONSPICUOUS RACE: 3601 S COLLEGE AVE. TRANSFERABLE • FT COLLINS CO 11..IJ1.....IJ11....1.I...LI.I.I.II..J.I...I..I.J.I..I I.I NUTRITIONAL SUPPLEMENTS LLC 2042 ARAPAHOE ST DENVER CO 80205-2509 a ee)5026wDorsal of Rana A DETACH HERE IMPORTANT NOTICE . . from the Colo ado Department of Remus • Please VERIFYthat all Information on your new sales license is correct You can notify the De nt of errors by calling(303)238-SERV(7378), by e-mail at Customer Support on our web site www. orado.com or by writing to: • Colorado Department of Revenue Denver CO 80261-0013 Preprbded forms will be mated within six weeks.Tax reportiing and payment are your responsibility whether or not you re- ceive your returns before the filing deadline.Blank tax forms can be obtained from our Web site or by coifing(303)238-FAST(3278) In order to avoid late penalties and Interest,returns must be .POSTMARKED on or before the due data You must notify the Department If you discontinue sales at this location. IMPORTANT INFORMATION ABOUT YOUR LICENSE Colorado law requhes that you file the regiSred sales tax returns even when you have no retail sales activity. H you do not Cite the required sates tax returns,the Department will automatically dose your account and this license will no longer be valid. NEW AUTOMATED SERVICES FOR AND ABOUT BUSINESSES The Colorado Department of Revenue Sales Tax hdu,moans System provides the following automated services: • Colorado Sales Tax rates-find specific city,county and.opens)district rates, • Verification of Sales Tax License and Exemption Numbers-determine whether a Colorado sales tax licensee or exemption certificate Is valid. • Tax Rates by Account Number-find sales tax rates and locations for specific sales tax accounts. The new system Is online at www.tazrda.afato.co.us or by phone at(303)238-FAST(3278). For general Information visit www.telecolorado.com or call(303)238-SERV(7378). SERVICE CENTER LOCATIONS: • DENVER SERVICE CENTER GRAND JUNCTION SERVICE CENTER 1375 Sherman Street 222 S.Sbdh Street,Room 208 Denver CO 80281 Grand Junatlan CO 81501 • COLORADO SPRINGS FtEGIONAL SERVICE CENTER PUEBLO SERVICE CENTER • 4420 Austin Bluffs Ply 310 E.AbrterdoAvenue,55 A4 • Colorado Springs CO 80918 Pueblo CO 81004 • FORT COWNS REGIONAL SERVICE CENTER 1121 W.Prospect Rd.,Butting D • Fon Coate CO 80528 ainercsinnan Mustoolteet m«r yr swam Unarm COATRAIIfI COUNTY LARIMER USE ACCOUNT NUNSER LIABILITY INFORMATION ISSUE DATE UCEN7BEp VAUD SALES TAX kcal rderwms ww,l {Iv I 161 1 mite„ alai vrfi �,-r- DEOEEER 81 LICENSE • 42-69115-0003 06031 B 1001)9 FEB 04 it) 2011 THE LICBIea SOOT BE POSTED ATMS FOLLOWING LOCATION 'DUB LILSJ8E IS NOT NA CONSPICUOUS PLACE: 1228 W ELIZABETH ST UNIT D8 TRANSFERABLE FT COLLINS CO Mollie .dd14.ailu LLL allinhhuhd dd,JLl NUTRITIONAL SUPPLEMENTS LLC 2042-2046 ARAPAHOE ST DENVER CO 80205-2509 7fDfremor Department ofRawnue A DETACH HERE A IMPORTANT NOTICE from the Colorado Department of Revenue Please VERIFY that ell Information on your new sales license is correct.You can notify the De of encre by calling two.(303)238-SERV(7378), by e-mail at Customer Support on our web site www the towom or by •Colorado Department of Revenue Denver CO 80281-0013 Preprinted forms will be mailed within abc weeks.Tax reporting and payment are your responsibility whether or not re- ceive your returns before the fling deadline.Blank tax forms can be obtehred from ow Web site you wingtaA aIwws before line (303)238-FASTdate. terest,returns must be must notify the Department If you discontinue sales at this location. IMPORTANT INFORMATION ABOUT YOUR LICENSE Colorado ires that returnu Se s,the Department the required sales tax ratans even when you have no retell activity. If you do not file e required sales automatically dose your account end this license will no longer be valid. NEW AUTOMATED SERVICES FOR AND ABOUT BUSINESSES The C•olorado Department of Revenue Sales Tax information System provides the following automated services • Colorado Sales Tax rates-find specific city,county and special district rates. • Verification of Sales Tax License and Exemption Numbers-detemene whether a Colorado sales tax license or exemption certificate is valid. • Tax Rates byAcccunt Number-find sales tax rates end locations for specific sales tax accounts. The new system is outs at wwwfaxviewsbrtscaas or by phone at(303)238-FAST(3278).For general Information dit www.faxcofonidacom or call(303)238-SERV(7378) SERVICE CENTER LOCATIONS: DENV6t SERVICE CENTER GRAND JUNCTION SERVICE CENTER 1376 Sherman Street 222 S.Sixth Street Room 208 Denver CO 80281 • Grand Junction CO 81801 COLORADO SPRI NG GIONAL SERVICE CENTER PUEBLO SERVICE CENTER Bluffs Colorado Springs CO 80918 Pte Abdando Avenue,Suite A4 Pueblo 0081004 FORT COLUNS REGIONAL SERVICE CENTER 1121 W.Prospect Rd,Guiding D Fort Collins CO 80528 Hello