The URL can be used to link to this page

Browse Search

Home My WebLink About20112422.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1100075 AGAINST ANNA SANDERS 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, Anna Sanders, BCV #1100075, 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 September, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Anna and Jeff Sanders, property owners, were 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 January 13, 2012, to allow adequate time for the property owner to obtain the proper permits, submit all required documentation, and have all fees paid; allowing the use of the detached garage as permanent housing or to begin the construction for the home. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV #1100075 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Anna Sanders 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 January 13, 2012, to allow adequate time for the property owner to obtain the proper permits, submit all required documentation, and have all fees paid; allowing the use of the detached garage as permanent housing or to begin the construction for the home. 91-- , V\D\ 2011-2422 \O-LAM PL0824 VIOLATIONS - BCV#1100075 - SANDERS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of September, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO aatbara Kirkmeyer, hair Weld County Clerk to the Board Elida .v r an P. C nway, Pro-Tem BY: Deputy S-rk to the Boar. r .i y>s 4V ' i m F. Garcia APP WED - O FORM: � � / �—{ David E. Lon i ,untyAttorney �) rrte�r— ougyis Rademach Date of signature: H.)-3-% / 2011-2422 PL0824 l_t; Planning Department BUILDING VIOLATION CASE SUMMARY Violation Number: BCV11-00075 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 44336 CR 77 SANDERS ANNA Mailing Address: 44336 COUNTY ROAD 77 BRIGGSDALE, CO 806119233 Phone: 970-656-3804 VIOLATION CONTACTS: SANDERS JEFF PARCEL: 054521300015-R3801205 Acreage: 5.27 Legal Description: PT SW4 21-8-62 LOT A REC EXEMPT RE-4081 LOCATION: EAST OF CR 77, NORTH OF HWY 14 NOTIFICATION INFORMATION: Certified Date 08/22/2011 Certified Reference Number 7010 1870 0000 4773 6980 VIOLATION DESCRIPTION: LIVING QUARTERS IN STRUCTURE ORIGINALLY BUILT AS DETACHED GARAGE VIOLATION REMEDY: THE STRUCTURE SHALL BE VACATED AND RETURNED TO THE USE IT WAS BUILT FOR OR A CHANGE OF USE PERMIT AND ALL REQUIRED INFORMATION SUBMITTED, FEES PAID, THE PERMIT ISSUED, AND ALL INSPECTIONS COMPLETED. RECOMMENDATION: Staff recommends this case be referred to the County Attorney but delay action for 60 days to allow the owner time to submit the required permit applications and all applicable documentation. WORKFLOW SUMMARY: Case Initiation 08/08/2011 Initiated Violation 08/08/2011 Violation Notice Letter Violation 08/22/2011 Hearing Notification Report ID: CODE00027v003 Page 1 of 2 Print Date-Time: 8/30/2011 11:43:51 AM fete., Noe Planning Department BUILDING VIOLATION CASE SUMMARY OTHER CASE HISTORY: 08/08/2011 Phone Call Phone call from Jeff Sanders. He had received the notice from the building inspector regarding living quarters in the detached garage. He stated he had lost his job and, as of three weeks ago, is no longer receiving unemployment. His wife also lost her job but is now employed. They have added three bedrooms, a bathroom, and kitchen. There is no septic, he is pumping the waste into a holding tank and then pumping it out and hauling it off to a dumping station. They do have a water tap. He said they really have no options because they have no money and have three children. I told him not having a septic is a big issue so he may try to get the money together to get that resolved. I explained his options and he would like his case to be scheduled with the BOCC as soon as possible. 08/22/2011 Office Visit Jeff Sanders was in the office today. He brought in a floor plan of the changes he has made to the detached garage to living quarters. He also met with Frank Piacentino and Jonathan Gesick who advised him what information will be required and what changes will need to be made to comply with the code requirements. He was given an estimate for the permit fees and stated he will try to get the septic issue resolved. 09/01/2011 Phone Call Phone call to Jeff Sanders. I suggested he contact United Way to see if there is any assistance. He said they have spoken with different agencies. He is going back to work after Labor Day but does not know how long it will last. He hopes he can apply for the septic permit soon. Report ID: CODE00027v003 Page 1 of 2 Print Date-Time: 8/30/2011 11:43:51 AM DEPARTM-1T OF PLANNING SERVICES BUILLANG COMPLIANCE DIVISION 18 6 I - 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 August 22, 2011 ANNA SANDERS 44336 CR 77 BRIGGSDALE CO 80611 Subject BCV11-00075, Part of the SW4 of Section 21, TBN, R62W, of the 61° P.M., Weld County, Colorado Dear Ms. Sanders: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 13, 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 29-11-30 "Occupancy violations." To bring your property into compliance: A permit application and all applicable documentation shall be submitted for the living quarters in the existing detached garage,fees paid, the permit issued, and all inspections completed. This meeting will take place in the County Commissioners Hearing Room, Weld County Administration Building, 1150 O 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. QmAn Peggy Gregory Building Compliance Officer pc: BCV11-00075 Sr' sirostak s&erureeTir ` A£ 5,C- . r ,FLED RIVAL. RECEIPT cuanjestiaMairOnly;lidMsurancecovengePtavlc(ed). Er •e:0llvery,Inf rynett•nvielC' ukwe site etiwww.ua•e:e•. ® _ r- r�- Postage S Candled Fee o Postmark Return Receipt Feo p (Endorsement nt Required) Hero Resr Delivery Required) Fee(Endorsement - tnoted Fee so Total Postage&Fees mg Sent To ANNA SANDERS Street.Apt.No: or PO Box No. 44336 CR 77 r- aly,State,ZIP+4 BRIGGSDALE CO 80611 R3Fa,{q•3aa4August2Qaa �:-'� > � $eReye{selor lnstiucfiong; SEN•E': C•M'LETETHISSECTI•N C•M LETETHISSECTI•N •N •ELIVE Y • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery Is desired. / O Agent • Print your name and address on the reverse X � -' :•dressee so that we can return the card to you. E R• eiv •,by tinted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No ANNA SANDERS 44336 CR 77 BRIGGSDALE CO 80611 3. Service Type R[Certified Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 1870 0000 4773 6980 (Transfer from service labe PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 rte‘ lar) 1 8 6 I - 2 0 I I DEPARTMENT OF PLANNING SERVICES BUILDING COMPLIANCE DIVISION 1555 N. 17TH AVENUE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL ADDRESS: pgregory@co.weld.co.us WELD_ -COUNTY 970-353-6100 EXT 3568 FAX 970-304-6498 WELD COUNTY BUILDING CODE VIOLATION NOTICE August 8, 2011 ANNA SANDERS 44336 CR 77 BRIGGSDALE CO 80611 Subject: BCV11-00075, Part of the SW4 of Section 21, T8N, R62W of the 61h P.M., Weld County, Colorado Dear Ms. Sanders: It has been determined that the property located at 44336 County Road 77 is currently in violation of the following Section of the Weld County Code: Section 29-3-10"Building permit required." Section 29-11-30 "Occupancy violations." To bring your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the living quarters in the existing detached garage, 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 August 8, 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. ncere , Peg /egory 14944/ Building Compliance Officer pc: BCV11-00075 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R3801205 Parcel#: 054521300015 Tax Area: 1007 Bordering County: Acres: 5.03 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 08-62 - 21 -3 - - Owners Name&Address: Property Address: SANDERS ANNA Street: 44336 77 CR 44336 COUNTY ROAD 77 City: WELD BRIGGSDALE,CO 806119233 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 2/28/2008 $42,500 WD 3538360 Legal Description PT SW4 21-8.62 LOT A REC EXEMPT RE-4081 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4147 Acres 0.23 Agricultural 4147 Acres 4.8 Land Subtotal: 5.03 $63 $20 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Out Building Improvements Subtotal: $17,003 $4,930 Total Property Value $17,066 $4,950 Building Details Account#: R3801205 Parcel#: 054521300015 Owners Name&Address: Property Address: SANDERS ANNA Street: 44336 77 CR 44336 COUNTY ROAD 77 City: WELD BRIGGSDALE, CO 806119233 Building# Property Type 1 Out Building Individual Built As Detail Built As: Equipment Building Year Built: 2008 Exterior: HVAC: None http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=054521... 8/4/2011 Identify Resultsefat, Page 2 of 2 Interior Finish: Built As SQ Ft: 1260 #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=054521... 8/4/2011 11111111111111111 I I I 13111111111111 I I 111 111 I I I I I I I I 3638380 02/29/2008 10:41A Weld County,CO 1 of 1 R 6.60 0 4.26 Steve Moreno Clerk 6 Recorder 360 WARRANTY DEED THIS DEED,Made this 28th day of February,2008 between Wayne H.Gilliland and Joyce C.Gilliland of the County of Weld,State of Colorado,grantor and Anna Sanders whose legal address is:46501 Weld County Road 84,Briggsdale,CO 80611, of the County of Weld,State of Colorado,grantee: WITNESSETH,That the grantor for and in consideration of the sum of Forty-Two Thousand Five Hundred Dollars and NO/loo's($42,500.00)the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents 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 City and County of Weld,and State of COLORADO,described as follows: Lot A of Recorded Exemption No.0545-21.3 RE-4081,recorded July 21,2005 at Reception No.3305166, being a part of the Southwest Quaner of Section 21,Township 8 North,Range 62 West of the 6th P.M., County of Weld State of Colorado. also known by street and number as TBD Weld County Road 77,Briggsdale,CO 80611 TOGETHER with all and singular the hereditaments and appurtenances thereunto 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,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 and with the grantee,his heirs and assigns,that at the time of the ensealing 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,and has good right,full 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,assessments, encumbrances and restrictions of whatever kind or nature soever,except all taxes and assessments for the current year,a hen but not yet due or payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a"Title Review",of the contract dated February 12,2008,between the panics. • The grantor shall and will WARRANT ANISFOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns,against all and every person or persons lawfully 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 WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. SELLERS: • Wayne Gilliland Jo e urGiniland STATE OF COLORADO )ss: COUNTY OF Weld ' ' The foregoing instrument was acknowledged beforefiq this 28th day pfFebruary,20 8 Sy Wayne H.Gilliland and Joyce C. Gilliland reriere...LAJUNE PEARSON r NOTARY PUBLIC \\5�1Q'y/tw r—p1 N\eta NOTARY STATE OF COLORADO Notary Public (' Witness my hand Q4nIfe16ap1 l6 2009 My Commission expires: Return: Anna Sanders 46501 WCR 84 Hriggsdele,CO 80611 • WDPHOTO Security Tlne Warranty Deed(For Photographic Record)updated 1/2006 File No.50261067 Hello