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HomeMy WebLinkAbout20110609 RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1000169 AGAINST RESTORATION SERVICES CENTER 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, Restoration Services Center, BCV#1000169, 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 8th day of March, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Restoration Services Center, property owner, was not present or represented 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 April 8, 2011, to allow adequate time for the property owner to submit the manufacture specifications for the paint booth, as well as submit an application and all required documentation for the proper permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV #1000169 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Restoration Services Center 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 April 8, 2011, to allow adequate time for the property owner to submit the manufacture specifications for the paint booth, as well as submit an application and all required documentation for the proper permit. YL \ VI CA - 11 - 1 2011-0609 PL0824 VIOLATIONS - BCV#1000169 - RESTORATION SERVICES CENTER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of March, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: / i�` E4/�/Ji EXCUSED .✓" , ' ,. �tl`h Barbara Kirkmeyer, Chair Weld County Clerk to the[as Ns.; ExcusED rt'/4-7/Sean P. nway, Pro-Tern BY: Deputy Clerk to the Boa illiap�F. rcia APP D AS T O Cti� ' David E. Long, Acting Chair Pro-Tern n torney Douglas ademach r Date of signature: a1' 2011-0609 PL0824 let COLORADO IIInt Planning Department BUILDING VIOLATION CASE SUMMARY Violation Number: BCV10-00169 Compliance Officer: PRIMARY OWNER: Situs Address: 10769 TURNER BLVD RESTORATION SERVICES CENTER Mailing Address: 11246 LEWISTOWN ST COMMERCE CITY, CO 80022 Phone: 303-519-1692 PARCEL: 131310100008 Acreage:3 Legal Description: 25107N PT NE4 10 2 68 N435.6' OF FOL PAR BEG AT SE COR OF PARCEL DEEDED ON REC #1506519 SOD26'W 1323.85' N89D57'W 300' NOD26'E 1324.16' M/L ELY 300' M/L TO BEG LOCATION: Location—West of 1-25, South of Highway 119 North—C-3 zoned properties South—C-3 zoned properties East—C-3 zoned properties West—R-5 zoning (River Valley Village Mobile Home Park) NOTIFICATION INFORMATION: Certified Date 01/31/2011 Certified Reference Number 7008 3230 0000 0473 3493 Posted Date 02/04/2011 VIOLATION DESCRIPTION: Spray booth installed in building without a permit VIOLATION REMEDY: Remedy 1 A permit application and all applicable documentation shall be submitted for the spray booth, fees paid, the permit issued, and all inspections completed. RECOMMENDATION: Staff recommends this case be referred to the County Attorney but delay action for 30 days to allow the owner to submit the required information. Report ID: CODE00027v003 Page 1 of 2 Print Date-Time: 3/2/2011 10:18:50AM Elk Planning Department BUILDING VIOLATION CASE SUMMARY WORKFLOW SUMMARY: Case Initiation 12/17/2010 Initiated Violation 12/17/2010 Violation Notice Letter Violation 01/31/2011 Hearing Notification OTHER CASE HISTORY: 03/01/2011 Phone Call Phone call to Dwayne Baker. He will be in tomorrow to submit his permit application. 12/01/2010 Letter Sent 10-day letter sent to Mr. Baker to submit application 11/02/2010 Phone Call Phone call to Dwayne Baker, a permit is required. He will submit the application within a few days. 11/01/2010 Phone Call Phone call from Dwayne Baker responding to my letter. I told him I would speak to the inspector as he had noted a follow-up inspection would be required. 10/21/2010 Letter Sent 10-day letter to owner Report ID: CODE00027v003 Page 1 of 2 Print Date-Time: 3/2/2011 10:18:50AM DEPARTMENT OF PLANNING SERVICES BUI. ,NG COMPLIANCE DIVISION 1861 - 2011 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 January 31, 2011 DWAYNE BAKER GENERAL MANAGER RESTORATION SERVICES CENTER 10769 TURNER BLVD LONGMONT CO 80503 Subject BCV10-00169, Part of the NE4 of Section 10, T2N, R68W, of the 6t° P.M., Weld County, Colorado Dear Mr. Baker: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on March 8, 2011, at 10:00 a.m., to consider the violations. The property is in violation of the following Section(s) of the Weld County Code: Section 29-3-10 "Building permit required." To bring your property into compliance: A permit application and all applicable documentation shall be submitted for the spray booth,fees paid, the permit issued, and all inspections completed. This meeting will take place in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation, the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. ce =ly, POdt� lain Peggy Gregory Building Compliance Officer pc: BCV10-00169 L �S �OSIat service,.LtM Rrvice-r. r� - (y V1 EITTIF kMA1ECEIt�T m 'f aL eg_tic1Na710.4irwoMsfuq ice ioverageRrovideto cr •r •Yltlelif!eryit' • rU ntvWtt•ur -• lteutwww." • m M1 Postage Certified Fee Postmark Return Receipt Fee (Endorsement Required) Here RO Required) Fee (Endorsementworr stedDelivery liv y Fee e M Total Postage.4 Fees ru seat Jo CI Dwayne Baker, Restoration Services 0 or`POeo`l No' 10769 Turner Blvd City.State,ZIP+4 Lon:mont CO 80503 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X .42 Agent ■ Print your name and address on the reverse ee_ so that we can return the card to you. eye' ed by(Prints Name) C. Date of Delivery • Attach this card to the back of the mailpiece, . (L/(L/ / or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: R EC El E Vss below: ❑ No DWAYNE BAKER GENERAL, MANAGER FEB 04 M1 RESTORATION SERVICES CENTER 10769 TURNER BLVD Weir f\ ,1 1I ,.,,,gqe�..4,y��a, a•ulvn: LONGMONT CO 80503 6ecrt�ifei tlYdaiFICCJ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 3230 0000 0473 3493 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 6 DEPARTMENT OF PLANNING SERVICES j Building N Compliance Division 15 1555 N 17'"AVE, Greeley, CO 80631 Website: www.co.weld.co.us I E-mail Address:pgreaorveco.weld.co.us C. Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO - WELD COUNTY BUILDING CODE VIOLATION NOTICE December 17, 2010 DWAYNE BAKER GENERAL MANAGER RESTORATION SERVICES CENTER 10769 TURNER BLVD LONGMONT CO 80503 Subject BCV10-00169, Part of the NE4 of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. Baker: It has been determined that the property located at10769 Turner Boulevard is currently in violation of the following Section of the Weld County Code: Section 29-3-10"Building permit required." To bring your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the spray booth,fees paid, the permit issued, and all inspections completed. It is the intention of this office to assist and cooperate with you without imposing undue hardship;however,we have no discretion in this matter if you fail to correct this violation within 14(fourteen)days from December 17,2010. 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. Sin (249.,2404-e Peggyry Building Compliance Officer pc: BCV10-00169 d (it DEPARTMENT OF PLANNING SERVICES Building Compliance Division 1555 N 17th AVE, Greeley, CO 80631 Website: www.co.weld.co.us III ' E-mail Address: pgregory@co.weld.co.us C. Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO December 1, 2010 DWAYNE BAKER GENERAL MANAGER RESTORATION SERVICES CENTER 10769 TURNER BLVD LONGMONT CO 80503 Subject: COMP10-00098 Part of the NE4 of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. Baker: We spoke on the phone on November 2,2010, regarding the spray booth installed without a building permit at 10769 Turner Boulevard. I had discussed this matter with the inspector that met with you on July 13, 2010, and advised you a building permit is required. At that time,you were going to obtain the application from the Weld County Website and submit that within a few days. Failure to submit all the required information listed on the back of the application within 10 days from the date of this letter will result in a violation notice. If you were unable to find the information on the website or if you have any other questions,please contact me at the above address, telephone number or e-mail address. Sin int Arty Peggy Gregory Building Compliance Officer pc: COMP10-00098 a DEPARTMENT OF PLANNING SERVICES Building Compliance Division 1555 N 17th AVE, Greeley, CO 80631 I Website: www.co.weld.co.us Address: pgregory@co.weld.co.us C. E-mail Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO October 21, 2010 DWAYNE BAKER GENERAL MANAGER RESTORATION SERVICES CENTER 10769 TURNER BLVD LONGMONT CO 80503 Subject: COMP10-00098 Part of the NE4 of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. Baker: On July 13,2010, a Weld County inspector was at the site at 10769 Turner Boulevard on a complaint we had received regarding a spray booth installed without a building permit. He met with you and advised a permit is required but, to date, an application has not been submitted. Failure to submit a permit application and all applicable documentation within 10 days from the date of this letter will result in a violation notice. Thank you for your cooperation in this matter. Should you have any questions or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sin rel , Peggy Gregory Building Compliance Officer pc: COMP10-00098 Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5588286 Parcel#: 131310100008 Tax Area: 2341 Bordering County: Acres: 3 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 02 - 68 - 10 - 1 -- Owners Name &Address: Property Address: C3B LLC Street: 10767 TURNER BLVD WELD 10769 TURNER BLVD UNIT A City: WELD LONGMONT, CO 80504 Business/Complex: BADER BURKE& COMPANY Sales Summary Sale Date Sale Price Deed Type Reception # 10/19/2004 $780,000 SWD 3230735 Legal Description 25107N PT NE4 10 2 68 N435.6' OF FOL PAR BEG AT SE COR OF PARCEL DEEDED ON REC #1506519 SOD26'W 1323.85' N89D57'W 300' NOD26'E 1324.16' M/L ELY 300' M/L TO BEG Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Industrial 3115 Square Feet 130680 Land Subtotal: 130680 $287,496 $83,370 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Commercial 2 Commercial 4 Commercial Improvements Subtotal: $580,724 $168,410 Total Property Value $868,220 $251,760 Building Details Account#: R5588286 Parcel#: 131310100008 Owners Name&Address. Property Address: C3B LLC Street: 10767 TURNER BLVD WELD 10769 TURNER BLVD UNIT A City: WELD LONGMONT, CO 80504 Building* Property Type 1 Commercial Individual Built As Detail http://maps2.memck.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13131... 7/1 4/20 1 0 Identify Results Page 2 of 3 Built As: Office Building Year Built: 1978 Exterior: HVAC: Package Unit Interior Finish: Built As SQ Ft 3650 # 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: Account#: R5588286 Parcel*: 131310100008 Owners Name&Address: Property Address: C3B LLC Street: 10767 TURNER BLVD WELD 10769 TURNER BLVD UNIT A City: WELD LONGMONT, CO 80504 Building* Property Type 2 Commercial Individual Built As Detail Built As: Indust Lght Manufacturing Year Built: 1979 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 8000 IS 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: Account#: R5588286 Parcel#: 131310100008 Owners Name&Address: Property Address: C3B LLC Street: 10767 TURNER BLVD WELD 10769 TURNER BLVD UNIT A City: WELD LONGMONT, CO 80504 Building* Property Type 4 Commercial Individual Built As Detail Built As: Light Commercial Utility Year Built: 1969 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 800 #of Baths: p 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?emd=QUERY&DET=PP&pin=13131... 7/14/2010 I1111111111111111 IIIIII 111111111111111111111111 IIII IIII • 735 3230735 10/27/2004 10:30A Weld County, CO 1 of 1 R 5.00 D 76.00 Steve Moreno Clerk&Recorder SPECIAL WARRANTY DEED ,/ THIS DEED, Made this 19TH day of OCTOBER, 2004 between William Kirk Billingsley, II 1', of the County of weld and State of CO, grantor,and C3B, LLC, a Colorado Limited Liability Company whose legal address is 700 Ken Pratt Boulevard 204-319, Longmont, CO 80501 of the County of Weld and State of CO, grantees: WITNESSETH that the grantor(s) for and in consideration of the sum of SEVEN HUNDRED EIGHTY THOUSAND AND 00/100, ($780,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, HAS granted, bargained, sold and conveyed, and by these presents DO grant, bargain, sell, convey and confirm unto the grantee(s), ITS heirs and assigns forever, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: The North 435.6 feet of the following described parcel of land: All that part of the NE 1/4 of Section 10, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, described as follows: Beginning at the Southeast corner of that certain tract of land conveyed to Arnold L. Burger and Lambert A. Berger by Warranty Deed recorded as Reception No. 1506519, in Book 585, Weld County Records; thence South 0 degrees 26' West along the West line of a parcel of land conveyed to R.H. Daggett and Janet L. Daggett by Warranty Deed recorded as Reception No. 1446636, in Book 525, Weld County Records a distance of 1323.85 feet to a point on an East-West fence, said fence being nine feet, more or less, North of the East-West center line of said Section 10; thence along said fence North 89 degrees 57'40" West 300 feet; thence North 0 degrees 26' East 1324.16 feet, more or less, to the South-West corner of the tract of land described in Warranty Deed recorded as Reception No. 1506519, in Book 585, Weld County records; thence Easterly along the South line of said last mentioned tract of land 300 feet more or less to the point of beginning. 4., Doc Fee 71 also known by street and number as 10767 & 10769 Turner Blvd., Longmont, CO 80504 TOGETHER with all and singular the hereditament° and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), 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 appurtenances, unto the grantee(s), ITS heirs and assigns forever. The grantor(s), for ITSELF heirs and personal representatives or successors, DO covenant and agree that IT shall and will WARRANT AND FOREVER DEFEND the above-bargained premises .in the quiq� et and peaceable possession of the grantee(s), ITS heirs and assigns, against all every person or persons claiming the whole or any part thereof, by, through or under the grantox(s). IN WITNESS WHEREOF, the grantor(s) HAS executed this deed on the date set forth above. William Kirk Billingsley, II STATE OF COLORADO ss. The foregoing instrument was acknowledged before County of Weld ) me this 19TH day of OCTOBER, 2004 by William Kirk Billingsley, II Witness my hand and official seal. M o 'scion expiress- y_Ob7 NOTARY PUBLIC 916 17TH AVENUE No.16. Rev. 3-85 LONGMONT, COLORADO 80501 After Recording Return To: M. MARLENE SHANNON 'B NOTArr,)PUBLIC Lyra C { STATE O:-:.iOuCRa!7^ ✓ham 9 My Commission Expires 00/24/2008 Hello