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HomeMy WebLinkAbout20111465.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1100051 AGAINST ABELARDO AND NANCY VEGA 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, Abelardo and Nancy Vega, BCV #1100051, 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 14th day of June, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Nancy Vega, 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 July 14, 2011, to allow adequate time for the property owner to submit all building permit applications and required documentation to the Department of Planning Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV #1100051 be, and hereby is, referred to the Weld County Attorneys Office for legal action against Abelardo and Nancy Vega 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 July 14, 2011, to allow adequate time for the property owner to submit all building permit applications and required documentation to the Department of Planning Services. Q,t`, . PL., Vio ( 2011-1465 L2 -3O t I PL0824 VIOLATIONS - BCV#1100051 - VEGA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of June, A.D., 2011. BOARD OF COUNTY COMMISSIONERS � WELD COUNTY, COLeRADO /Ji ATTEST: • '!�"il E►Za D_i ie1J✓ Ai_n-g'-( . %:arbara Kirkmeyer, hair Weld County Clerk to the fir .° ,' kV _ P 1, � ,( _ c bean P. C'o Pro-Tem BY: Jam•( UNIX/�./�' /A.Deputy Clerk to the :.. : R.ZoLs William . r isr AP i. D RM: �.� C ` Z avid E. Lo L un y Attorney ) ea ar a east ougl Rademach r Date of signature: d y i i 2011-1465 PL0824 Wine COLORADO Planning Department BUILDING VIOLATION CASE SUMMARY Violation Number: BCV11-00051 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 1711 E 16TH ST VEGA ABELARDO Mailing Address: 1711 E 16 ST GREELEY, CO 80631 Phone: PARCEL: 096110200016-R0155291 Acreage: 2.86 Legal Description: 12342B PT NW4 10 5 65 BEG CEN 1/4 COR S87D33'W 8' N2D26'W 387.20' S87D33'W 225' S2D26'E 157.88' S87D33'W 727.95' TO TRUE POB N6D51'W 124.50' N45D46'W 353.55' N89D16'W 138.77' M/L S1 D32'E 622.05' N87D33'E 421.73' N6D51'W 230' TO TRUE POB EXC BEG CEN SEC 10 S87D33'W 1128.49' ALONG S LN OF N2 OF SEC TO TRUE POB S87D33'W 179.81' N1D28'W 352.33' S57D30'E 230.19' S1D25'W 220.95' TO POB EXC BEG AT CEN QUARTER COR OF SEC S87D33'W 8' NO2D26'W 387.20' THENCE S87D33'W 225' S02D26'E 157.88' S87D33'W 727.95' THENCE N06D51'W 124.5' N45D46'W 358.55' N89D16'W 93.27' TO TRUE POB N89D16'W 45.5' M/L 601 D32'E 622.05' M/L TO S LN OF N2 OF SEC N87D33'E 56.73' N01 D28'W 352.33' N04D02'W 267.27' M/L TO TRUE POB LOCATION: Location North of and adjacent to East 16th Street North Agricultural, C-3, and 1-3 zoned properties South Agricultural and R-1 zoned properties East Agricultural zoned properties West Agricultural and 1-3 zoned properties NOTIFICATION INFORMATION: Certified Date 05/25/2011 Certified Reference Number 7010 1870 0000 4773 6645 Posted Date VIOLATION DESCRIPTION: Change of use and addition to existing "agricultural exempt" building. VIOLATION REMEDY: A permit application and all applicable documentation shall be submitted for the change of use and addition to the existing "agricultural exempt" building, fees paid, all zoning issues resolved, the permit issued, and all inspections completed. 2011-1465 Report ID: CODE00027v003 Page 1 of 2 Print Date-Time: 6/7/2011 3:10:40PM 110€ COLORADO Planning Department BUILDING VIOLATION CASE SUMMARY RECOMMENDATION: Staff recommends this case be referred to the County Attorney's office for immediate action as there has been no response from the owner and no permit application has been submitted. WORKFLOW SUMMARY: Case Initiation 04/25/2011 Initiated Violation 04/26/2011 Violation Notice Letter Violation 05/25/2011 Violation Notice Letter Report ID: CODE00027v003 Page 1 of 2 Print Date-Time: 6/7/2011 3:10:40PM DEPARTMT OF PLANNING SERVICES BUILuING COMPLIANCE DIVISION 18 6 I - 2 0 I I 1555 N. 171" AVENUE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL ADDRESS: pgregory@co.weld.co.us 970-353-6100 EXT 3568 W E L O U N T Y FAX 970-304-6498 May 25, 2011 ABELARDO and NANCY VEGA 1711 E 16 ST GREELEY CO 80631 Subject BCV11-00051, Part of the NW4 of Section 10, T5N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Vega: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on June 14, 2011, at 10:00 a.m., to consider the violations. The property is in violation of the following Section 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 change of use and addition to the existing "agricultural exempt" building, 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. • cerel , afA Peggy GFegory 0 0 Building Compliance Officer pc: BCV11-00051 ZCV11-00054 easi 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 W E L DEC O U N T Y 970-353-6100 EXT 3568 FAX 970-304-6498 WELD COUNTY BUILDING CODE VIOLATION NOTICE April 26, 2011 ABELARDO and NANCY VEGA 1711 E 16 SST GREELEY CO 80631 Subject BCV11-00051, Part of the NW4 of Section 10, T5N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Vega: It has been determined that the property located at 1711 East 16th Street 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 change of use and addition to the existing "agricultural exempt" building, 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 April 26, 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. Sin Peggy gory if Building Compliance Officer pc: BCV11-00051 Bethany Salzman, Zoning Compliance Officer Identify Results 'a 1 Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0155291 Parcel#: 096110200016 Tax Area: 0684 Bordering County: Acres: 3.72 Township Range Section Ouart.Sec. Subdivison Name Block# Lot* 05 -65 - 10 -2 - - Owners Name&Address: Property Address: VEGA ABELARDO Street: 1711 E 16 ST WELD 1711 E 16 ST City: WELD GREELEY, CO 80631 Additional Owners: VEGA NANCY Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 7/31/1991 $58,000 02258069 Legal Description 12342B PT NW4 10 5 65 BEG CEN 1/4 COR 587D33'W 8' N2D26'W 387.20'587D33'W 225' 52D26'E 157.88'587D33'W 727.95' TO TRUE POB N6D51'W 124.50'N45D46'W 353.55' N89D16'W 138.77' M/L S1D32'E 622.05' N87D33'E 421.73'N6D51'W 230'TO TRUE POB EXC BEG CEN SEC 10 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 3.72 Land Subtotal: 3.72 $133,920 $10,660 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Out Building Improvements Subtotal: $80,533 $6,410 Total Property Value $214,453 $17,070 Building Details Account#: R0155291 Parcel#:096110200016 Owners Name&Address: Property Address: VEGA ABELARDO Street: 1711 E 16 ST WELD 1711 E 16 ST City: WELD GREELEY, CO 80631 Building* Property Type 1 Residential http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=09611... 4/20/2011 Identify Results terb) Page 2 of 2 Individual Built As Detail Built As: Ranch 1 Story Year Built: 1936 Exterior: Frame Masonry Veneer HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1282 #of Baths: 1 Roof Type: #of Bdrms: 2 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 5 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R0155291 Parcel#: 096110200016 Owners Name&Address: Property Address: VEGA ABELARDO Street: 1711 E 16 ST WELD 1711 E 16 ST City:WELD GREELEY,CO 80631 Building# Property Type 2 Out Building Individual Built As Detail Built As: Barn Year Built: 1940 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft Basement: Total SQ Ft: Finished SQ Ft http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=09611... 4/20/2011 AR22S8D69 B 1306 REC 02258069 08/01/91 08:58 $10.00 1/002 • F 0945 MARY _(ANN FEDERRSTEIN CLERK 6 (RECORDER WELD CO, CO THIS DEED is a conveyance of the reel property deathbed below,Including any Improvements and other appurtenances(the Tepee b)from below ua ORANT6E on(s),pannenhip(s),or other enthyges)named below as GRANTOR to the indMdeal(a) The GRANTOR hereby sets and conveys the property to the GRANTEE and the GRANTOR warrants the the to the property.except for(1)the lien of the general property taxes for the year of this deed,which Die GRANTEE will pay(a)any easements and rghtsaf. way shownDroteo- .F. Ova covenants anred rrerd st:I dio)any Patent ot aecerd (dons any additionans l mat�iereehewwnn belelow under"Addiineral Interests tional WarrantyExceptions",el record any and $5.80(7)subject to building and zoning regutsgons. The SpetIla Terms of This Deed Are: Grantor: (GM nave( end Weeds)of residence:In t e accuse of the ownmgremor b Wady*k Iris Deed to release homestead Vas,keraby grantors as husband and Mk.) SHIRLEY MAE ANDERSON NRA SHIRLEY ANDERSON DE PORTER Grantee: (Glee nanw(s)and Samisen),datemem of address.Including evagable reed or sheet number,Is requbed) ABELARDO VEGA AND NANCY VEGA 1711. E. 16TH STREET GREELEY, CO 80631 Form of Co-Ownemhlp: Of ewe are two or mow grantees named,they reel be considered to take as warns In common meow the words"In joint tenancy"or words at the same meaning are added in the wens betew.) JOINT TENANTS State Documentary Fee Property Description: (hicbde county and state.) Date ... .Y.?ti1.f.Y./.. SEE ATTACHED EXHIBIT A Property Address: 1711 E. 16TH STREET GREELEY CO 80631 Conederaton: (The Relamenl ale dotter amount Is opllmwl.adequate Nnaideelbn ter use deedwir be presumed unless dtla aameyanpe ken. dnad a a at. in any care Ws wrweyenoe Is aMOMe,anal and uRXrdalmul.) FIFTY EIGHT THOUSAND AND 00/100 Reservatlona•RMNletlonet (d me GRANTOR Intends to reserve any mwW in Me MOWN en reeeevey less than Mown erdme GRANTOR b reset rag the GRAMEE'S dace m lee ONperty,make ttmW9tla Indiceena Additional Warranty Exceptions: (face deeds or trust being assumed end ader madam not revered above.) SUBJECT TO BUILDING AND ZONING REGULATIONS. GRANTOR RESERVES ALL MINERAL RIGHTS. Executed e Grantor cm JULY 31, 1991 h m Signature for Individuation Signature ter Corporation,Partnership or Assocledco: ebe t' /, d a Name el Grantor Corporation,PWwanp or Assadadon SHIRLEY MAE ANDERSON Grantor ay Grantor By ,W4K �[nL°1Mm✓ i g�L2 9 1-9/ N H Y ANDERSON DE man Grantor Meat STAT£'QFCOIARADO es. COU WELD d�A�wu bakre me Mb 31st lyy AND NKA SHIRLEY ANDERSON 1991 DE PORTER artieekW anti •�i( p .,r )• // ( //A/N- OCTOBER 26, 1992 ?Cry Pulite ^'S(A. bR\C r ) V 1221 8TH AVE.• GREELEY, CO. ,n F' 9• )de. Tin iisvtnpnent was acbewedged before me Ind day of (•name laded Grentella)or GMntOe is Corporation,Partnership or PnoclMkn,Men Identify signers m Wadden er toe preteen and We teary or aubtnt secretary el cvWNon:or as ParMeNs)a pMnerehp:Sr M started mwnber(e)of asexladona WITNESS my MM and oledal Mal. My commission exam: Natal Public 01001 UPDATE LEGAL FORMS WCTC No.201 • B 1306 REC 02258069 08/01/91 08:58 $10.00 2/002 F 0946 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO : EXHIBIT A TO WARRANTY DEED DATED: JULY 31, 1991 GRANTOR: SHIRLEY MAE ANDERSON NKA SHIRLEY ANDERSON DE PORTER GRANTEE: ABELARDO VEGA AND NANCY VEGA All that part of the NW 1/4 of Section 10, Township 5 North, Range 65 Welt of the.6th P.M. Weld County, Colorado, more particularly described as follows: Beginning at the center quarter corner of said Section 10 (as established by the Weld County Surveyor); thence along the South line of the N 1/2 of. said • Section 10, South 87°33'10" West, 8.00 feet; thence along the East, North and West lines of that certain parcel of land described in deed to Yager; recorded in Book 1597 .at Page 546, Weld_County Records, as follows; North 2.26'50" West, 387:20 feet• thence South 87°33'10" West, 225.00 feet; thence South 2°26'50".East,.157.88 feet; thence leaving said land of Yager and parallel with the South line of the N 1/2 of said Section 10, South 87°33'10" West, 727.95 feet to al/2 inch steel pin, said steel pin being the True Point of Beginning; thence North 6°51'05" West, 124.50 feet-to a 1/2 inch steel' pin;, thence North 45°46'35" West, .358.55 feet (Deeded 353.55 feet) to a 1/2 inch steel pin; thence North 89°16' West, 138.77 feet; more or less, to the Westerly line of that certain parcel of land described in.Deed recorded in Book 1580 at..Page 326, Weld County Records; thence along said Westerly line, South.l°32",'East, 622.05 feet, more or less;. to the South line o£-the N1/2.of said Section 10; thence along said South line.North 87°33'10" East,- 421:73 feet, more or leas, to aline which bears South 6°51'05" East and passes through the True-Point of Beginning; thence along said line North- 6'51'05" West, 230.00 feet, more or less, to the True Point.of Beginning, EXCEPT a parcel of land as conveyed in Deed recorded November.7, 1963 in Book 495 as Reception No. 1420942, Weld County Records; ALSO' EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: Beginning at the center Quarter Corner of said Section 10 (as established by the Weld County Surveyor); thence along the South line of the-North Half of said Section 10, South 87°33'10" West 8.00 feet; thence along the East, North and West lines of that certain parcel of land described in Deed to Yager, recorded. in Book 1597, Page 546; records of said County, North 02°26'50" West 387.20 feet; thence South 87°33'10" West 225.00 feet; thence South 02°26'50" East 157.88 feet; thence leaving said land of Yager and parallel with the • South line of the North half of said Section 10 South 87°33'10" West 727.95 feet to a Half inch steel pin; thence North 06'51'05" West 124.50 feet to a half inch steel pin; thence North 45°46'35" West-358,55 feet to a half inch steel pin; thence North-.89°16' West 93.27..£eet to the TRUE POINT OF BEGINNING; thence continuing North 89°16'00" West 45 40•feet more or less to the Westerly line of that certain parcel of land described in deed recorded in Book 1580, Page 326, records of said County; thence along said Westerly line South 01°32'00" East 622.05 feet more or less to the South line of the North half of said Section 10; thence along said South line North 87°33'10" East 56.73 feet to the West line of that certain parcel recorded in Book 495 at Reception No. 1420942; thence along said Vest line North 01°28'00" West 352.33 feet to the Northwesterly corner of said parcel; thence North 04°02'08" West 267.27 feet more or less to the TRUE POINT OF BEGINNING. TOGETHER with all right, title and interest in Easement Agreement between UNITED MINERAL CORPORATION, A. Colorado Corporation and JOSEPH C. FORREST AND..MAXINE;.FORREST, dated August- 20, 1975 and recorded in Book 746 as Reception No. 1667907 on the 21st day of August, 1975, Weld County Records. Hello