HomeMy WebLinkAbout20102378 RESOLUTION
RE: ACTION OF THE BOARD CONCERNING VI #0700069 AGAINST WARREN AND
DEBORAH SMITH 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, Warren and Deborah Smith, VI #0700069, 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 12th day of October, 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 VI #0700069 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 12th day of October, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT COLORADO
a
ATTEST ]
�ougl.s ade a.F er Chair
Weld County Clerk to the(oa
a s y,; =�. .arbara Kirkmey , Pro-Tem
BY:
Dep y Clerk o the Board
Seann ay 3
P VE FORM: 2i4Lr:a
County Attorney c� crr�
David E. Long y
Date of signature: 1{ fa 0
CQ, PI-, viol 2010-2378
II - 10 HD PL0824
Weld County Violation Summary
Building Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Warren Dean and Deborah Ann Smith
Violation Number: VI-0700069
Address: 4871 CR 7, Erie CO 80516
Legal: Part of the NE4 of Section 9, Ti N, R68W of the 6`" P.M., Lot 1, Scotts Acres, Weld County, Colorado
Location: West of and adjacent to County Road 7, South of and adjacent to County Road 10
North: Agricultural properties
South: Agricultural properties
East: Agricultural properties
West: Agricultural properties
Parcel Number: 1467-09-1-00-012 Acres: 3.45
Certified mail date: September 8, 2010 Received:
Currently the property is in violation of:
Chapter 29, Article III, Section 29-3-10 "Building permit required."
Chapter 29, Article VIII, Section 29-8-40 "Expiration of permit."
REMEDY
To bring the property into compliance, a permit application and all applicable documentation shall be
submitted for the change of use of an existing pole building, fees paid, the permit issued, and all inspections
completed.
RECOMMENDATION
The Department of Planning Services recommends this case be referred to the County Attorney for
immediate action as there are two previous expired permits.
CASE HISTORY
02/02/2007 Letter to property owners regarding old expired permits that were not completed
02/07/2007 Phone call from Dean Smith, he said the only problem with the garage was the insulation and
he understood it did not need to be covered. The building official agreed to research that
issue.
02/12/2007 Roger Vigil and Bryon Horgen agree that the insulation needs to be covered.
02/13/2007 Left message for owner to call.
03/09/2007 30-day violation letter sent to owner to submit permit applications.
10/07/2009 Letter to remind BCR08-00177 will expire on 11/03/09
11/05/2009 14-day violation letter mailed
12/11/2009 Permit number BCR09-00879 issued
02/16/2010 Letter to remind permit will expire on 03/11/10
03/09/2010 180-day extension approved
08/06/2010 Letter to remind extension will expire on 09/07/10
09/02/2010 Owner spoke with Ken Swanson. He was asking for additional time, Ken advised the
extension had expired.
09/08/2010 Certified letter mailed indicating the violation case is scheduled before the Board of County
Commissioners.
2010-2378
a
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
' 1555 N 17'"AVE, Greeley, CO 80631
111 Website: www.co.weld.co.us
O E-mail Address: pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
• Fax: (970) 304-6498
COLORADO
September 8, 2010
WARREN DEAN and DEBORAH ANN SMITH
4871 CR 7
ERIE CO 80516
Subject: VI-0700069, Part of the NE4 of Section 9, T1N, R68W, of the 61h P.M., Weld County, Colorado
Dear Mr. and Mrs. Smith:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on October 12,2010,at 10:00 a.m., to consider the violations. The
property is in violation of the following Section of the Weld County Code:
Section 29-8-40 "Expiration of permit."
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.
Peggy Gre gory
Building Compliance Officer
pc: Vl-0700069
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SERVICE,TEAMWORK,INTEGRITY, QUALITY
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Sent To
m Warren Dean and Deborah Ann Smith
O Street,Apt.No.;
o or PO Box No, 4871 CR 7
N City,State,ZIP+4
Erie CO 80516
PS Form 3800,August 2006 See Reverse for Instructions
a
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
1555 N 17th AVE, Greeley, CO 80631
Wil
l Website: www.co.weld.co.us
el
E-mail Address: pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
COLORADO
August 6, 2010
WARREN DEAN and DEBORAH ANN SMITH
4871 CR 7
ERIE CO 80516
Subject: Permit# BCR09-00879— Part of the NE4 of Section 9, Ti N, R68W of the 61h P.M.,
Weld County, Colorado
Dear Mr. and Mrs. Smith:
On March 9, 2010, you were granted an extension on the above noted permit for the change of use of a pole
building at 4871 County Road 7. According to our records, that extension is due to expire on September 7,
2010, and there are inspections remaining to be completed.
Failure to complete the inspections by the expiration date will result in expiration of the permit, a violation
notice. and is subject to go before the Board of County Commissioners with written notice.
You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any
questions, I may be reached at 970-353-6100, Ext. 3568.
Thank you for your cooperation in this matter.
S/ 9c -lYY, p�
f X0/ t �C� 0
Peggy Gregory
Building Compliance
pc: BCR09-00879
VI-0700069
SERVICE,TEAMWORK,INTEGRITY,QUALITY
FRONT RANGESEAMLESS -.GUTTERS I
4871 Weld County Rd 7
Erie, Co. 80516
Office: 303-828-3936
Fax: 303-828-9841
March 9, 2010
To: Weld County Building Dept.
RE: Request extension on Building
Permit# BCR09-00879
We need more time to cover foam insulation for final inspection.
Thanks,
W. Dean Smith (President)
)y
ID
As Seen On
HOME EDITION
rs
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
C E-mail Address: ry ld.co.us
O Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
COLORADO
February 16, 2010
WARREN DEAN and DEBORAH ANN SMITH
4871 CR 7
ERIE CO 80516
Subject: Permit# BCR09-00879
Part of the NE4 of Section 9, Ti N, R68W of the 6'h P.M., Weld County, Colorado
Dear Mr. and Mrs. Smith:
This letter is to remind you that a re-permit for the change of use of an existing pole building for Front Range
Seamless Gutters at 4871 County Road 7 was issued on December 11, 2009. According to our records,this
permit will expire on March 11, 2010, and all of the required inspections have not been completed.
The Weld County Code states:
Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation
and become void after the given utilization period has elapsed. The utilization period begins on the date of
permit issuance.
If the building or work authorized by a building permit has not received final inspection on or before the permit
expiration date, all work shall cease until a new permit is issued. The permittee shall be eligible to apply for
one new permit upon the payment of permit fees to cover direct Weld County costs. The expiration date shall
be determined by the scope of work to be completed.
The Building permit holder may submit a request for an extension of time before the expiration of the
utilization period. The Building Official may extend the Building Permit one time, for a period not to exceed
180 calendar days. Such request shall be submitted in writing and include the applicant's name, address,
telephone number, the building permit number,site address and a description of specific circumstances which
prevented completion of the work prior to the expiration date. A processing fee shall be charged if a building
permit extension is granted.
An expired permit will result in a violation being issued and will remain open until all inspections are completed
on a new permit and is subject to go before the Board of County Commissioners with written notice.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
page two
You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any
questions, I may be reached at 970-353-6100, Ext. 3568.
Sincerely, (YePeggy 9
9gY
Building Compliance Officer
pc: BCR09-00879
VI-0700069
SERVICE.TEAMWORK,INTEGRITY,QUALITY
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
9 91l 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
E-mail Address: pdreooryco.weld.co.us
Phone: (970) 353-6100, Ext. 3568
C. Fax: (970) 304-6498
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
November 5, 2009
WARREN DEAN and DEBORAH ANN SMITH
4871 CR 7
ERIE CO 80516
Subject: VI-0700069-, Part of the NE4 of Section 9, Ti N, R68W of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Smith:
Permit number BCR0B-00177 has now expired and the property located at 4871 County Road 7 is currently in violation
of the following Section of the Weld County Code:
Section 29-3-10 "Building permit required."
Section 29-8-40 "Expiration of permit."
To bring the property into compliance with the Weld County Code:
• A permit application and all applicable documentation shall be submitted for the change of use of an existing pole 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 do not correct this violation within 14(fourteen) days from November 5, 2009. 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. 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.
5.7y,
Peggy regory
Building Compliance Officer
pc: VI-0700069
BCR08-00177
a
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
111 p E-mail Address: pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
COLORADO
October 7, 2009
WARREN DEAN and DEBORAH ANN SMITH
4871 CR 7
ERIE CO 80516
Subject Permit# BCR08-00177
Part of the NE4 of Section 9, TIN, R68W, of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Smith:
This letter is to remind you that a permit for the change of use of an existing pole building built in 1999 at4871
County Road 7 was issued on November 3, 2008. According to our records, this permit will expire on
November 3, 2009, and the required inspections have not been completed.
Article VIII, Section 29-8-40 of the Weld County Code states that:
Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation
and become void after the given utilization period has elapsed. The utilization period begins on the date of
permit issuance.
If the building or work authorized by a Building Permit has not received final inspection by the permit expiration
date, all work shall stop until a new permit is issued.
Article VIII, Section 29-8-45 states:
A. The Building permit holder may submit a request for an extension of time before the expiration of the
utilization period. The Building Official may extend the Building Permit one time, for a period not to
exceed 180 calendar days. Such request shall include name, address, telephone number, the building
permit number, site address and a description of specific circumstances which prevented completion of
the work prior to the expiration date. A $42.00 fee shall be charged if a building permit extension is
granted.
B. If the Building Permit expires before a request is submitted for an extension, an extension shall not be
granted. To proceed with the same project the following process shall be required:
1. A new permit must be obtained.
2. The full permit fee must be paid along with any other applicable fees.
3. The applicant must comply with all applicable codes and regulations in effect at the time the new
permit application is submitted.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
page two
An expired permit will result in a violation being issued and will remain open until a new permit is issued and is
subject to go before the Board of County Commissioners with written notice.
You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any
questions, I may be reached at 970-353-6100, Ext. 3568.
Thank you for your cooperation in this matter.
Sincerely,
erfsr
Pegg r gory
Building Compliance Officer
pc: BCR08-00177
VI-0700069
SERVICE,TEAMWORK,INTEGRITY,QUALITY
a DEPARTMENT OF PLANNING SERVICES
•
Building Compliance Division
61\, eORTH O80ICE
918 10th Street, Greeley, CO 80631 wwv
v.co.weld.co.us
ww.co.weld.co.us
C
E-mail Address: pgregoryco.weld.co.us Phone: (970) 353-6100,: (930
Ext. 3568
Fax: (970) 304-6498
COLORADO SOUTHWEST OFFICE
4209 CR 24.5, Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
March 9, 2007
WARREN DEAN and DEBORAH ANN SMITH
4871 CR 7
ERIE CO 80516
Subject: VI-0700069, Part of the NE4 of Section 9, Ti N, R68W of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Smith:
It has been determined that the property located at 4871 County Road 7 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:
Permit applications shall be submitted for the two previously incomplete building permits, all inspections completed, and final
approvals issued.
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 30 (thirty)days from March 9, 2007. 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.
Any information you have that may help to resolve this matter will be helpful. 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.
SS,
Peggy reg ry rr
Building Compliance Officer
pc: VI-0700069
Bethany Salzman, Zoning Compliance Officer
/t o
60e/c/ as
I III►►�1111111111111311 Intl IIIII'Hill ill Hill Hill 1 of 2 9 11.00 D 0.00 Steve Moreno Clerk&Recorder
QUITCLAIM DEED
THIS DEED,made this 28TH day of MAY,2003
between
DEBORAH ANN SMITH
of the County of WELD and State of Colorado.grantor,and
DEBORAH ANN SMITH AND WARREN DEAN SMITH
whose legal address is 4871 WELD COUNTY ROAD#7,ERIE,COLORADO 80516
of the County of WELD and State of Colorado,grantees,
WITTNESSETH,That the grantor,for and in consideration of the sum of 0.00 DOLLARS
the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold and QUITCLAIMED,and by these presents
dues demise,release,sell and QUITCLAIM unto the grantees,their heirs,successors and assigns forever.not in tenancy in common,
but in joint tenancy,all the right title,interest,claim and demand which the grantor has in and to the real property,together with
improvements,if any,situate,lying and being in the County of WELD and State of Colorado,described as follows:
SEE ATTACHED LEGAL
also known by street and number as:4871 WELD COUNTY ROAD#7,ERIE,COLORADO 80516
TO HAVE AND HOLD the same together with all and singular appertinances and privileges thereunto belonging or in
anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor,either in law or equity,to
the only proper use benefit and behalf of the grantees.their heirs and assigns forever. 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.
Lri)D i ht 10i3 51Th.44
DRAB ANN SMITH
State of Colorado,
V •,QtT q
The for runt;instrument was a0kfiq jedged before me this 28TH day of MAY 2003,by DEBORAH ANN SMITH
•
My commission e'l�rej}_A \ ' O Wit s' y hand an ficml seal
t
Notary Public
•
H1111111111 11111111111111111111 1111 11II111111III1101
3079596 0710212003 12:54P Weld County, CO
2 of 2 R 11.00 D 0.00 Steve Moreno Clerk&Recorder
EXHIBIT A
A parcel of land situate in the Northeast Quarter of the Northeast Quarter of Section 9,Township 1 North,
Range 68 West of the 6h P.M.,Weld County,Colorado described as follows:
Commencing at the Northeast corner of said Section 9;thence West along the North fine of said Section 9,a
distance of 150 feet to a point 100.0 feet westerty, measured at right angles, from the center line of the
former main track of the Puritan Branch of the Union Pacific Railroad Company as formerly constructed and
operated, said point being the cue point of beginning; thence South along a straight line parallel with and
100.0 feet westerly,measured at right angles,from said center line of former main track,which is along the
easterly line of Lot 1 of Scoffs Acres,a subdivision of a part of the Northeast Quarter of said Section 9 and
the northerly prolongation of said Easterly line, a distance of 1,000.00 feet to the Southeast corner of said
Lot 1; thence East. at right angles, a distance of 150 feet, more or less, to a point 50.0 feet easterly,
measured at right angles, from said center line of former main track; thence North along a straight line
parallel with and 50.00 feet.easterly,measured at right angles,from said center line of former main bade, a
distance of 1,000 feet, mare or less,to a point in saki North line of Section 9;thence West along said North
fine of Section 9,a distance of 150 feet to the true point of beginning.
I IIIII 11111 III 1111111 III 11111 1111101
27921 of22709/0712000 0.00 0 000 Weld County CO
kamoto
QUIT CLAIM DEED
Warren Dean Smith and Deborah Ann Smith, whose address is 4871 Weld
County Road#7, Erie, Colorado 80516, for the consideration of Ten ($10.00) Dollars and
other valuable consideration, in hand paid, hereby sell and quit claim to Deborah Ann
Smith, whose address is 4871 Weld County Road#7,Erie, Colorado 80516, the following
real property, in the County of Weld, and State of Colorado, to wit:
A PARCEL OF LAND SITUATE IN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER SECTION 9,TOWNSHIP 1 NORTH, RANGE 68
WEST OF THE 6TH P.M.,WELD COUNTY, COLORADO DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 9;
THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 9, A
DISTANCE OF 180 FEET TO A POINT 100.0 FEET WESTERLY,MEASURED
AT RIGHT ANGLES, FROM THE CENTER LINE OF THE FORMER MAIN
TRACK OF THE PURITAN BRANCH OF THE UNION PACIFIC RAILROAD
COMPANY AS FORMERLY CONSTRUCTED AND OPERATED, SAID POINT
BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH ALONG A STRAIGHT LINE PARALLEL WITH AND 100.0
FEET WESTERLY,MEASURED AT RIGHT ANGLES,FROM SAID CENTER
LINE OF FORMER MAIN TRACK,WHICH IS ALONG THE EASTERLY
LINE OF LOT 1 OF SCOTT'S ACRES, A SUBDIVISION OF A PART OF THE
NORTHEAST QUARTER OF SAID SECTION 9 AND THE NORTHERLY
PROLONGATION OF SAID EASTERLY LINE,A DISTANCE OF 1,000.00
FEET TO THE SOUTHEAST CORNER OF SAID LOT 1;
THENCE EAST, AT RIGHT ANGLES, A DISTANCE OF 150 FEET, MORE OR
LESS, TO A POINT 50.0 FEET EASTERLY, MEASURED AT RIGHT
ANGLES,FROM SAID CENTER LINE OF FORMER MAIN TRACT;
THENCE NORTH ALONG A STRAIGHT LINE PARALLEL WITH AND 50.0
FEET EASTERLY,MEASURED AT RIGHT ANGLES,FROM SAID CENTER
LINE OF FORMER MAIN TRACT,A DISTANCE OF 1,000 FEET,MORE OR
LESS,TO A POINT IN SAID NORTH LINE OF SECTION 9;
THENCE WEST ALONG SAID NORTH LINE OF SECTION 9, A DISTANCE
OF 150 FEET TO THE TRUE POINT OF BEGINNING.
also known as 4871 Weld County Road#7, Erie, Colorado 80516
with all its appurtenances.
ACTUAL CONSIDERATION LESS THAN$100.00.
Signed this 6th day of September, 2000.
Warren Dean Smith
Le/SA "
borah Ann Smith
• MINI 111111111111 III 1111111 III 1111111 III 11111 IIII IIII
2792227 09/07/2000 02:03P JA Suki Tsukamoto
2 of 2 R 10.00 D 0.00 Weld County CO
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this 6th day of
September, 2000 by Warren Dean Smith and Deborah Ann Smith.
My commission expires: 9/30/2003
Witness my hand and official seal.
��....... 1 L ce z5. 7 Lt �:-
„ -, Notary Public
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