HomeMy WebLinkAbout20111467.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING BCV #1100030 AGAINST TIM AND
JEANNE IVERSON 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, Tim and Jeanne Iverson, BCV #1100030, 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, 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 #1100030 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 14th day of June, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO ' DO
ATTEST: :f � I .
/ v . arbara Kirkmeyer, ' hair
Weld County Clerk to the a • (' �?"b
1 t
� ` / • �r. j'hr. Sean Co
Deputy Clerk to the Board
Wi F. Garcia
O D AS M:
avid E. Long
ounty Attorney au t0y —02.1-s-/
Dougl Radem cher
Date of signature: (CPO
2011-1467
CCU . PL, Vlo1 PL0824
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Planning Department
BUILDING VIOLATION CASE SUMMARY
Violation Number: BCV11-00030 Compliance Officer: Peggy Gregory
PRIMARY OWNER: Situs Address: 5011 W F ST
IVERSON TIM &JEANNE
Mailing Address: 5011 W F STREET
GREELEY, CO 50631
Phone: 970-302-9051
PARCEL:
080534000069-R1372986 Acreage: 74.55
Legal Description: 18009 PT SEC 34 6 66 BEG S4 COR SEC N89D24'W 1321.98' NOD03'W 1023' S74D43'E 280'
S85D41'E 175' N74D34'E 272'TO TRUE POB SOD03'E 70' N74D34'E 116' N66D36'E 186'
N49D03'E 71.30' N39D32'E 94.50' N33D24'E 59.59' TO A PT THAT IS 30' S C/L OF EXISTING
IRRIG DITCH N58DE 103' N56D40'E 341' N76D09'E 116' N80D11'E 640' N78D58'E 358.46'TO PT
40W OF E LN OF W2SE4 S327.57' S89D36'E 40' N1359.19'TO C/L CACHE LA POUDRE RIVER
THENCE FOLLOWING RIVER TO NE COR OF W2SE4NW4 THENCE S TO THE C/L RIVER
THENCE IN A SLY&WLY DIRECTION TO TRUE POB (1D)
LOCATION:
Location
NORTH OF F STREET, EAST OF 59 AVENUE
North
CITY OF GREELEY,AGRICULTURAL PROPERTY
South
CITY OF GREELEY, AGRICULTURAL PROPERTY
East
CITY OF GREELEY, AGRICULTURAL PROPERTY
West
AGRICULTURAL PROPERTY
NOTIFICATION INFORMATION:
Certified Date 05/05/2011
Certified Reference Number 7010 1670 0000 2045 4018
Posted Date 05/10/2011
VIOLATION DESCRIPTION:
Structures built without permit, bam converted to single family dwelling
VIOLATION REMEDY:
Permit applications and all applicable documentation, including evidence of compliance with the Flood Plain regulations,
shall be submitted for the four structures built without permits, fees paid, the permits issued, and all inspections
completed,
RECOMMENDATION:
Staff recommends this case be referred to the County Attorney but delay action for 30 days to allow time for Mr.
Report ID: CODE00027v003 Page 1 of 2
Print Date-Time: 5/31/2011 2:45:52PM
tett
mot
Planning Department
BUILDING VIOLATION CASE SUMMARY
Iverson time to submit the permit applications and all the required information to the Building Department.
WORKFLOW SUMMARY:
Case Initiation 03/15/2011 Initiated
Violation 03/15/2011 Violation Notice Letter
Violation 05/05/2011 Hearing Notification
OTHER CASE HISTORY:
05/11/2011 Letter Received Received four permit applications and checks for structures on the property
Retumed per Ken Swanson due to applications not being complete,
no construction documents, payment amounts incorrect
Applications must be submitted in person with all required documentation
05/11/2011 E-Mail Sent E-mail sent by Ken Swanson to owner regarding return of
the permit applications and checks
04/21/2011 Office Visit Meeting with Anne Johnson of Lafarge regarding the USR for dry mining
operation and building issues.
03/30/2011 Site Visit Ken Swanson and Clay Kimmi met with Mr. Iverson on his property.
03/28/2011 Site Visit Chris Gathman and Tom Parko met Mr. Iverson on his property. Planning
Issues were discussed along with briefly discussing building compliance.
03/23/2011 Phone Call Phone call to Mr. Iverson to arrange a meeting regarding his building He
would like to have staff meeting him on site rather than come to the office.
He is meeting with staff from LaFarge today.
INSPECTION SUMMARY:
Building Code Inspection 03/30/2011 Noncompliance Ken Swanson
Inspection Result Comment Site inspection revealed 3 structures requiring utility building permits(2 storage
and 1 carport)and 1 barn made into a house, four total permits required. Mr. Iverson's
attorney met on site with Clay and I and stated that the barn is a single family dwelling
Report ID: CODE00027v003 Page 1 of 2
Print Date-Time: 5/31/2011 2:45:52PM
•
Kenneth Swanson
From: Kenneth Swanson
Sent: Wednesday, May 11, 2011 4:10 PM
To: 'iverjt@msn.com'
Cc: Frank Piacentino; Clayton D. Kimmi; Peggy Gregory; Chris Gathman; Lin Dodge; Billie Moore;
Pam Kamada
Subject: applications/5011 F Street
Attachments: image002.png
Dear Mr. Iverson,
On May 11th, Weld County received four(4) building permit applications and checks for 5011 F Street from you via mail.
Unfortunately,we must returning the applications and checks to you for the following reasons:
• Applications are incomplete
• No construction documents accompany the applications
• Check amounts with applications are incorrect and are not applicable to the required submittal deposits or the
building permits
• Applications must be submitted in person by yourself or your representative
I have visited the site and due to the extensive work performed without the appropriate building permits, I might
suggest we set up a pre-application meeting in our office so we may review what is needed to accept these applications
and the process for permitting and inspecting in order for your buildings to reach compliance and be issued Certificate of
Occupancy's.
Please contact as soon as possible so we may coordinate a convenient time for this meeting.
Kind Regards,
Ken
Ken Swanson, CBO
Building Official
Weld County Planning Services
1555 N. 17th Ave. Greeley, CO 80630
tel: (970)353-6100 ext.3548
fax: (970)304-6498
kswanson@co.weld.co.us
1861 .2011
71:77
•
WELT SUNTY
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this
communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or
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prohibited.
1
DEPARTM-VT OF PLANNING SERVICES
BUILLIING COMPLIANCE DIVISION
18 6 I - 2 0 I I 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
WELD ' O U N T Y FAX 970-304-6498
May 5, 2011
TIM D and JEANNE IVERSON
5011 W F ST
GREELEY CO 80631
Subject: BCV11-00030, Part of Section 34, T6N, R66W, of the 6'" P.M., Weld County, Colorado
Dear Mr. and Mrs. Iverson:
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 Sections of the Weld County Code:
Section 29-3-10 "Building permits required."
Section 29-11-30 "Occupancy violations."
To bring your property into compliance:
All existing structures on the property must be permitted for the use of the
structure, flood plain issues resolved, fees paid, permits 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.
S' y,
Peggy regoiry 4
Building Compliance Officer
pc: BCV11-00030
Bethany Salzman, Zoning Compliance Officer
Chris Gathman, Planner III
Clay Kimmi, Drainage and Flood Plain Engineer
Anne Johnson, Land Manager
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Seen To
M TIM AND JEANNE IVERSON
Street.Aar.No.:
O or PO Box No. 5011 W F ST
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GREELEY CO 80631
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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. ❑Agent
• Print your name and address on the reverse El Addressee
so that we can return the card to you. Bleeelved by(P er �me1 _ _ C.pate of Delivery
• Attach this card to the back of the mailpiece, Led by �z 'j-�
or on the front if space permits. 1.
D. Is delivery address differentdro 4 teO(1(7r es
1. Article Addressed to: <.' rf
RECEIVEDIffYES,enter dellyeery adekees NoN
TIM & JEANNE IVERSON
5011 W F ST ,Apv (� 20\\GREELEY CO 80631 MAY f 1 p 2011 1,1 1 O
3_senilcaTyepartment /_
Weld Court: gellIcPC'EaII ❑ Ex �
LI Registered ❑ Retbrr`e oMerchandise
❑ Insured Mail El COD.
4. Restricted Delivery?(Extra Fee) ❑ Yes
2. Article Number 7010 1670 0000 2045 4018
(Transfer from service lot
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M•1540
1861 - 2011 DEPARTMENT OF PLANNING SERV/CES
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
March 15, 2011
TIM D and JEANNE IVERSON
5011WFST
GREELEY CO 80631
Subject: BCV11-00030, Part of the E2SW4 and W2SE4 E2NW4 W2NE4 of Section 34, T6N, R66W of the
6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Iverson:
It has been determined that the property at the above noted location is currently in violation of the
following Section of the Weld County Code:
Section 29-3-10"Building permits required."
To bring your property into compliance with the Weld County Code:
Building permit applications and all applicable documentation shall be submitted for
all unpermitted structures, 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 hardship;
however, we have no discretion in this matter if you fail to correct this violation within 14 (fourteen) days
from March 15, 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 re
1 �2QQtV
Peggy G gory !/
Building Compliance Officer
pc: BCV11-00030
Chris Gathman, Planner III
Applicant: I_ai-I_. j \Nesi, Inc USA'-'i t ' lyerSOII Mine
Planner Chris Gathman
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Identify Results Page 1 of 1
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1372886 Parcel#: 080534000068
Tax Area: 3886 Bordering County:
Acres: 8
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
06-66- 34 -0 - -
Owners Name&Address: Property Address:
IVERSON TIM D Street:
5011 F ST City:
GREELEY, CO 80631
Additional Owners:
IVERSON JEANNE
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
12/21/1993 $93,000 PRD 02366836
1.eoal Description
18009-B PT W2SE4NW4 34 6 66 LYING E OF C/L CACHE LA POUDRE RIVER
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Agricultural 4147 Acres 3
Agricultural 4117 Acres 5
Land Subtotal: 8 $2,103 $610
No Buildings on Parcel
http://maps2.merrick.com/Website/Weld/setSq I.asp?cmd=QUERY&DET=PP&pin=080534... 3/7/2011
Identify Results Page 1 of 1
)
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1372986 Parcel#: 080534000069
Tax Area: 3888 Bordering County:
Acres: 51.09
Township Range Section Ouart,Sec, Subdivlson Name Block# Lot#
06 -66 -34 -0 - -
Owners Name&Address: Property Address:
IVERSON TIM D Street: 5015 W F ST WELD
5011 F ST City: WELD
GREELEY,CO 80631
Additional Owners:
IVERSON IEANNE
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
12/21/1993 $93,000 PRD 02366836
Legal Description
18009 PT SEC 34 6 66 BEG 54 COR SEC N89D24'W 1321.98'N0D03'W 1023' 574D43'E 280' 585D41'E 175' N74D34'E 272'TO
TRUE POB S0D03'E 70'N74D34'E 116' N66D36'E 186' N49D03'E 71.30' N39D32'E 94.50' N33D24'E 59.59'TO A PT THAT IS 30' 5
C/L OF EXISTING IRRIG D
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Agricultural 4137 Acres 3
Agricultural 4147 Acres 7.88
Agricultural 4117 Acres 11.39
Agricultural 4117 Acres 11.76
Agricultural 4117 Acres 17.06
Land Subtotal: 51.09 $22,564 $6,540
No Buildings on Parcel
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=080534... 3/7/2011
B 1420C 02366836 12/30/93 15:16 $15.00 1/003
F 0143 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
AR2366836
•
STATE D0CUNJENTARY FEE
PERSONAL REPRESENTATIVE'S DEED Date 2/ G b3
THIS DEED is made by Edna Della Brown, as Personal Representative of the Estate of
Carolina Lucero, also known as Carolina M. Lucero, also known as Carrie Lucero, also known
as Carrie M. Lucero, Deceased, Grantor, to Tim D. Iverson and Jeanne Iverson, as joint tenants
with right of survivorship, Grantees, whose address is 3014 11th Avenue, Evans, Colorado
80621.
WHEREAS, the Last Will and Testament of the above-named decedent was made and
executed in the lifetime of the decedent, and is dated April 29, 1959, which Will was duly
admitted to informal probate on May 8, 1984 by the District Court in and for the County of
Weld, State of Colorado, Probate No. 84 PR 129; and
WHEREAS, Albert G. Lucero was duly appointed Personal Representative of said estate
on May 8, 1984. Upon Albert G. Lucero's death, Grantor was duly appointed the successor
RI Personal representative of said estate on July 8, 1992 by the District Court in and for the County
of Weld, State of Colorado, Probate No. 84 PR 129, and is now qualified and acting in said
capacity; and
NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado
Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said
Grantees, in joint tenancy, for and in consideration of Ninety-Three Thousand Dollars
($93,000.00), the following described real property situate in the County of Weld, State of
Colorado:
See Attached Legal Description
also known as 5011 West F Street, Greeley, Colorado 80631,
together with all appurtenances but subject to: (1) Rights of Way for County Roads 30 feet on
either side of section and township lines, as established by the Board of County Commissioners
for Weld County, recorded October 14, 1889 in Book 86 at Page 273; (2) the right of proprietor
of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect
the premises thereby granted as reserved in United States Patent recorded April 26, 1888, in
Book 34, at page 319, and any and all assignments thereof or interests therein; (3) an Oil and
Gas TPicr, from GILBERT G. OSTRANDER AND ESTELLE D. OSTRANDER as Lessor(s)
to H.L. WILLET as Lessee(s) for a primary term of 5 years, dated January 17, 1977, recorded
February 17, 1977 in Book 790 at Reception No. 1711675, and any and all assignments thereof
or interests therein; (4)an Oil and Gas Jesse, from J. DONALD BAUER as Lessor(s)to EVAN
DUVAL JR. as Lessee(s) for a primary term of 5 years, dated February 26, 1980, recorded
March 17, 1980 in Book 898 at Reception No. 1819746, and any and all assignments thereof
or interests therein; (5) an easement for Right of Way and incidental purposes granted to CITY
OF GREELEY by the instrument recorded April 24, 1981 in Book 934 at Reception No.
1855988; (0 an Oil and Gas J Pace, from CARRIE M. LUCERO as Lessor(s) to H.L.
B 1420 REC 02366836 12/30/93 15:16 $15.00 2/003
F 0144 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
WILLETT as Lessee(s) for a primary term of•3 years, dated April 2, 1982, recorded April 23,
1982 in Book 966 at Reception No. 1889639, and any and all assignments thereof or interests
therein; (7) terms, conditions, provisions, agreements and obligations specified under the
Pipeline Right of Way Agreement by and between EDNA DELLA BROWN A/IC/A DELLA
BROWN AS POWER OF ATTORNEY FOR CAROLINA M. LUCERO, A/K/A CARRIE M.
LUCERO, A/IC/A CARRIE LUCERO and BELLWETHER EXPLORATION COMPANY
recorded February 7, 1984 in Book 1020 at Reception No. 1955454; (8) any right, title or
interest of the general public, the State of Colorado and/or the United States in and to the bed
and banks of THE CACHE LA POUDRE RIVER.
Executed this .(51-_day of December, 1993.
Edna Della Brown, Personal Representative of the
Estate of Carolina M. Lucero
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before this 1st. day of December,
1993, by Edna Della Brown as Personal Representative of the Estate of Carolina M. Lucero,
Deceased.
Witness my hand and official seal.
My commission expires: oc,_09-9/7
.,pnu
cOTAfi y` ��` Notary Pi Mc
r
B 1420 REC 02.,66836 12/30/93 15:16 $15.00 3/003
F 0145 MARY ANN FEUERSTEIN CLERIC S RECORDER WELD CO, CO
ATTACHMENT TO PERSONAL REPRESENTATIVE'S DEED
Dated December 21 , 1993
Grantor: Edna Della Brown, as Personal Representative of the Estate of Carolina M.
Lucero
Grantees: Tim D. Iverson and Jeanne Iverson, as joint tenants
That portion of the East Half of the Southwest Quarter(E2 SW/4) and the West Half of the
Southeast Quarter(W/2 SE/4)and the East Half of the Northwest Quarter(E/2 NW/4)and the
West Half of the Northeast Quarter(W/2 NF/4)of Section Thirty-four(34),Township Six(6)
North, Range Sixty-six (66) West of the Sixth Principal Meridian, Weld County, Colorado,
being more particularly described as follows: Considering the South line of the Southwest
Quarter of said Section 34 as bearing North 89°24'31" West and with all bearings contained
herein and relative thereto. Beginning at the South Quarter Corner of said Section 34, thence
along the South line of the Southwest Quarter of said Section 34,North 89°24'31"West 1321.98
feet to the Southwest Corner of the Southeast Quarter of the Southwest Quarter of said Section
34, said point also being the Southwest Comer of that certain parcel of land described in deed
recorded in Book 937, Reception#1859175 records of said county, thence along the Westerly
and Northerly line of said book and reception number, North 00°03'45" West 1023.00 feet,
South 74°43'31" East 280.00 feet, South 85°41'31" East 175.00 feet, North 74°34'29" East
272.00 feet to the True Point of Beginning, thence continuing along the Northerly line of said
Book 937,Reception#1859175,South 00°03'31"East 70.00 feet,.thence North 74°34'29"East
116.00 feet,thence North 66°36'29"East 186.00 feet,thence North 49°03'29"East 71.30 feet
to the Northeast corner of said parcel described in Book 937,Reception#1859175,thence North
39°32'29"East 94.50 feet,thence North 33°24'29'East 59.59 feet to a point that is 30.00 feet
South of the centerline of an existing irrigation ditch,thence parallel with and 30.00 feet South
of the approximate centerline of said ditch the following 5 courses and distances, North
58°00'00"East 103.00 feet,North 56°40'00"East 341.00 feet, North 76°09'00" East 116:00
feet, North 80°11'00" East 640.00 feet, North 78°58'00" East 358.46 feet to a point that is
40.00 feet west of the East line of the West Half of the Southeast Quarter of said Section 34,
thence parallel with and 40.00 feet West of said line, South 00°00'44" West 32737 feet to the
South line of the Northwest Quarter of the Southeast Quarter of said Section 34, thence along
said line South 89°36'32" East 40.00 feet to the East line of the West Half of the Southeast
Quarter of said Section 34, thence along said line North 00°00'44" East 1359.19 feet to the
Northeast corner of the Northwest Quarter of the Southeast Quarter of said Section 34, said
point also being the approximate centerline of the Cache La Poudre River, thence along the
approximate centerline of said river the following 28 courses and distances, South 64°54'19"
West 59.83 feet,South 67°42'00°West 352.00 feet,South 62°56'00"West 160.00 feet,North
77°05'00"West 197.00 feet,North 51°56:00"West 150.00 feet,North 33°23'00'West 269.00
feet,North 10°28'00" East 783.00 feet, North 23°38'00"West 115.00 feet, North 55°58'00"
West 220.00 feet,North 70°40'00"West 225.00 feet,North'77°15'00'West 421.00 feet,North
60°34'00"West 152.00 feet,South 86°28'00"West 300.00 feet,South 68°21'00"West 209.00
feet,South 48°39'00"West 283.00 feet,South 20°38'00"West 144.00 feet, South 47°36'00"
East 355.00 feet, South 48°09'00°East 332.00 feet, South 24°53'00' East 253.00 feet, South
41°12'00°East 242.00 feet, South 18°14'00"East 250.00 feet, South 01°08'00" East 368.00
feet, South 12°25'00"West 185.00 feet, South 13°55'00" East 413.00 feet, South 34°45'00"
East 96.00 feet,South 11°58'00"East267.00 feet, South 35°18'00" West 150.00 feet, South
69°23'25°West 32239 feet to the True Point of Beginning,EXCEPTING all of the oil,gas,.
and other hydrocarbons in, on, and under the property, together with the right of ingress and
egress, as well as the use of so much of the surface as may be n nsary to develop and/or
produce such oil, gas,and other hydrocarbons.
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