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Home My WebLink About20100966.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV#1000020 AGAINST ARTHUR AND MARY DAVIS/MINDEE DUERKSEN 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, Arthur and Mary Davis/Mindee Duerksen, ZCV #1000020, 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 11th day of May, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Arthur and Mary Davis, property owners, deceased, were represented by Mindee Duerksen at said hearing, 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 June 11, 2010, to allow adequate time for the property owner(s) to bring the subject property into compliance by submitting the required documentation of a medical hardship to obtain the necessary Zoning Permit for a Mobile Home (ZPMH). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#1000020 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Arthur and Mary Davis/Mindee Duerksen, 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 June 11, 2010, to allow adequate time for the property owner(s) to bring the subject property into compliance by submitting the required documentation of a medical hardship to obtain the necessary Zoning Permit for a Mobile Home (ZPMH). n / LE - �'I / U 2010-0966 PL0824 VIOLATIONS -ZCV#1000020 -ARTHUR AND MARY DAVIS/MINDEE DUERKSEN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of May, A.D., 2010. BOARD OF COUNTY COMMISSIONERS "«ii S ELD COUNTY, COLORADO / ATTEST: J' r y s. r ytc_`,Z uglas Rpdemach r, Chair Weld County Clerk to the B3O, f` ,,,s g Ta��` XCUSED tCilüi ' Barbara Kirkmeyer, Pro-Tem Dept Clerk he Board Sean C6 ay APP AS TO F M: ,EX illiam F. Garcia County A ey EXCUSED David E. Long Date of signature: 1 I 2010-0966 PL0824 iste Wilk COLORADO Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV10-00020 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 9535 CR 23 DAVIS ARTHUR L & MARY F Mailing Address: 9535 CR 23 FORT LUPTON, CO 80621 Phone: PARCEL: 131114000030-R5393086 Acreage: 39.76 Legal Description: 20337-K PT S2NE4 14 2 67 40A M/L IN S2S2NE4 EXC S30' THEREOF (.5R) LOCATION: Location West of and adjacent to CR 23 and approximately 1/2 South of CR 22 North Agriculturally Zoned properties South Agriculturally Zoned properties East Agriculturally Zoned properties and approximately 1/2 West of Vollmar West Agriculturally Zoned properties NOTIFICATION INFORMATION: Certified Date 03/30/2010 Certified Reference Number 7005 1160 0001 4539 4981 USPS Date Posted Date VIOLATION DESCRIPTION: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter. VIOLATION REMEDY: As we have previously discussed, failure to submit the necessary information to re-justify the Zoning Permit for a Medical Hardship (ZPMH-2175) to Wendi Inloes, Planning Coordinator as annually required places the property in violation. Please contact Wendi Inloes at 970-353-6100, Ext. 3543. RECOMMENDATION: The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. WORKFLOW SUMMARY: Case Initiation 02/12/2010 Initiated Violation 02/12/2010 5 Day Letter Violation 02/23/2010 Violation Notice Violation 03/24/2010 Hearing Notification 2010-0966 At; VINDe Planning Department ZONING VIOLATION CASE SUMMARY OTHER CASE HISTORY: 03/30/2010 Certified Receipt Certified Receipt received - signed. INSPECTION SUMMARY: Zoning Code Inspection 03/24/2010 Noncompliance Inspection Result Comment Upon a visual inspection of the property, the following items were noted: the modular home is still present. Proceed with Violation Hearing. No pictures were taken during this inspection. DEPARTME OF PLANNING SERVICES (1)(1/4fe6 Zoning Compliance Division 918 Tenth Street Gr eeley, Colorado 80631 WEBSITE: www.co.weld.co.us III C E-MAIL: bsalzman@co.weld.co.us PHONE:FAX: 70 30436498100 X 3555 COLORADO March 24, 2010 Davis Arthur L & Mary F 9535 Cr 23 Fort Lupton, Co 80621 Zoning Violation Case: ZCV10-00020 Situs Address: 9535 CR 23 Legal Description: 20337-K PT S2NE4 14 2 67 40A M/L IN S2S2NE4 EXC S30'THEREOF (.5R) Dear Davis Arthur L & Mary F: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on 05/11/2010 at -10:00 AM The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter. To bring your property into compliance with the Weld County Code: As we have previously discussed, failure to submit the necessary information to re-justify the Zoning Permit for a Medical Hardship (ZPMH-2175)to Wendi Inloes, Planning Coordinator as annually required places the property in violation. Please contact Wendi Inloes at 970-353-6100, Ext. 3543. This hearing 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 to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned violation hearing date. The Department of Planning Services staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal actions to remedy the violation. Our records indicate that your were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Page 1 of 2 Report ID: CODE000023v001 Print Date-Time: 3/24/2010 4:07:02PM DEPARTME OF PLANNING SERVICES S Zoning Compliance Division ` 918 Tenth Street Gr eeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us VI PHO0 FAX:N970-304-6498 1 00 X 3555 i D COLORADO Sincerely, Bethany Salzman Zoning Compliance Officer II File: ZCV10-00020 C. U.S. C co Postal ServiceTM d d 0 a N 1,2 CERTIFIED MAILTM RECEIPT o, C 1, v e m T (Domestic Mail Only;No Insurance Coverage Provided) ❑ m�S O O v9 (� i o Fordellvery information visllourwebelteet www.usps.coms La ��,ry! <- ° 1.11 I 0 \ � cc e0 Postage $ 2U �g e E O f. S rq E ewe O Certified Fee ZO ` 2 �+' i 0 Z E' o _ 4 m o — Postmark m v U d ! DI El F Lri p Return Receipt Fee U (Endorsement Required) Here W ac v ti. c 2' 4 C� C Restricted Delivery Fee t= -$\ U. N +$ v Ti .v -0 (Endorsement Requiretl) ti n m 0 L 2 o r9 ra -I , w e�!Q m y a c ri ti = m W C'n -LW in is Total Postage&Fees $ W m ' _w i 'J cCcot gi 2 O a Lll 4 cp m W Q cc m � Snnt To Z in if m CC r EI❑ ¢ O N CI I SS.-=t �_ a t �`^ ° ¢ x ' m dU R� v i f` �St2et.Apt. o.: - -�u4 5 - �— m I or PO Box No. g555 C r - rCiry;State,ZIP+4 j Ln o (l bY� L O _ CO IM ° • n �0 o • o moE O 4 o•N to d 4 C o O Y to"0a H y� O -o c` O co a) O d _n O • >�yd d ``_\V\1 r� N --0CSo 8 m — N (y y N O U m • co U 0$ C p_« cc, tL E N N O U C s .O y _ • - m c U 2 t l� .2 E m¢ •5 3«� o U ' ; 2 CO d— O « L C _n Z co nv m,• c - m m E O N O O u / r e O • 8flgQo u �J ¢ E. u- ■ • • N a Page 2 of 2 Report ID: CODE000023v001 Print Date-Time: 3/24/2010 4:07:02PM DEPARTME; )F PLANNING SERVICES ( Zoning Compliance Division 918 Tenth Street Gr eeley, Colorado 80631 WEBSITE: www.co.weld.co.us ` E-MAIL. bsalzman@co.weld.co.us PHONE: 970-353-6100 X 3555 FAX: 970-304-6498 COLORADO February 23, 2010 Davis Arthur L & Mary F 9535 Cr 23 Fort Lupton, Co 80621 Zoning Violation Case: ZCV10-00020 Legal Description: 20337-K PT S2NE4 14 2 67 40A M/L IN S2S2NE4 EXC S30'THEREOF (.5R) Situs Address: 9535 CR 23 Dear Davis Arthur L & Mary F: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter. To bring your property into compliance with the Weld County Code: As we have previously discussed, failure to submit the necessary information to re-justify the Zoning Permit for a Medical Hardship (ZPMH-2175)to Wendi Inloes, Planning Coordinator as annually required places the property in violation. Please contact Wendi Inloes at 970-353-6100, Ext. 3543. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 03/23/2010 to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. 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 Page 1 of 2 Report ID: CODE000021v001 Print Date-Time: 2/23/2010 9:37:44AM DEPARTME, 3F PLANNING SERVICES .\\H(t Zoning Compliance Division 918 Tenth Street Greeley, Colorado 80631 T WEBSITE: www.co.wetd.co.us C E-MAIL: bsalzman@co.weld.00.US FAX: 970-304-6498 X 3555 970-304-6 98 COLORADO Sincerely, \i5-4ht4:11S'M Bethany Salzman `, Zoning Compliance Officer II File: ZCV10-00020 Page 2 of 2 Report lD CODE000021v001 Print Date-Time: 2/23/2010 9:37:44AM DEPARTM OF PLANNING SERVICES Zoning Compliance Division ti 918 Tenth Street Gr eeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co. FA NE::9 0-304-6498 100 X 3555 COLORADO February 12, 2010 Davis Arthur L & Mary F 9535 Cr 23 Fort Lupton, Co 80621 Zoning Violation Case: ZCV10-00020 Situs Address: 9535 CR 23 Legal Description: 20337-K PT S2NE4 14 2 67 40A M/L IN S2S2NE4 EXC S30' THEREOF (.5R) Dear Davis Arthur L & Mary F: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s)with the Weld County Code are as follow: As we have discussed on multiple occasions the failure to submit the necessary information to re-justify the Zoning Permit for a Medical Hardship (ZPMH-2175)to Wendi Inloes, Planning Coordinator as annually required places the property in violation. Please contact me within five working days of the date of this letter to review these concerns with me. 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. Sincerely, i ethany Sal Zoning Compliance Officer II File: ZCV10-00020 Page 1 of 1 Report ID: CODE000022v001 Print Date-Time: 2/12/2010 4:09:29PM Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5393086 Parcel#: 131114000030 Tax Area: 2234 Bordering County: Acres: 37.5 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 02 - 67 - 14 - 0 Owners Name &Address: Property Address: DAVIS ARTHUR L& Street: 9535 23 CR C/O MINDEE DUERKSEN City:WELD 9535 CR 23 FORT LUPTON, CO 80621 Additional Owners: DAVIS MARY F (HEIRS OF) Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description 20337-K PT S2NE4 14 2 67 40A M/L IN 5252NE4 EXC 530'THEREOF(.5R) Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4147 Acres 37.5 Land Subtotal: 37.5 $652 $190 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building 3 Out Building 4 Out Building 5 Out Building Improvements Subtotal: $210,409 $22,870 Total Property Value $211,061 $23,060 Building Details Account#: R5393086 Parcel#: 131114000030 Owners Name&Address: Property Address: DAVIS ARTHUR L& Street:9535 23 CR C/O MINDEE DUERKSEN City: WELD 9535 CR 23 FORT LUPTON, CO 80621 http://maps2.merrick.com/Website/Weld/setSq 1.asp?cmd=QUERY&DET=PP&pin=13111... 2/12/2010 Identify Results Page 2 of 3 Building# Property Type 1 Residential Individual Built As Detail Built As: 2 Story Year Built: 1973 Exterior: Frame Masonry Veneer HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 2292 # of Baths: 3 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle • # of Stories: 2 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 484 Detached SQ Ft: 0 Basement: Total SQ Ft: 884 Finished SQ Ft: 0 Account#: R5393086 Parcel#: 131114000030 Owners Name &Address: Property Address: DAVIS ARTHUR L& Street: 9535 23 CR C/O MINDEE DUERKSEN City: WELD 9535 CR 23 FORT LUPTON, CO 80621 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1973 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: Account#: R5393086 Parcel#: 131114000030 Owners Name &Address: Property Address: DAVIS ARTHUR L& Street: 9535 23 CR C/O MINDEE DUERKSEN City: WELD 9535 CR 23 FORT LUPTON, CO 80621 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1973 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: http://maps2.merrick.com/Website/Weld/setSq l.asp?cmd=QUERY&DET=PP&pin=13111... 2/12/2010 Identify Results Page 3 of 3 # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R5393086 Parcel#: 131114000030 Owners Name &Address: Property Address: DAVIS ARTHUR L& Street: 9535 23 CR C/O MINDEE DUERKSEN City: WELD 9535 CR 23 FORT LUPTON, CO 80621 Building# Property Type 4 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1982 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: Account#: R5393086 Parcel#: 131114000030 Owners Name &Address: Property Address: DAVIS ARTHUR L& Street: 9535 23 CR C/O MINDEE DUERKSEN City: WELD 9535 CR 23 FORT LUPTON, CO 80621 Building# Property Type 5 Out Building Individual Built As Detail Built As: Shed -Cattle Year Built: 1986 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 928 # 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=13111... 2/12/2010 Identify Results Page 1 of 1 Mobile Home Valuation Account#: M0010401 Parcel#: 131114000030 Owners Name&Address: Property Address: DUERKSEN WADE& Street: 9511 11 CR 1 FORT LUPTON 9511 CR 23 City: FORT LUPTON FORT LUPTON, CO 80621 Additional Owners: DUERKSEN TAMMY • Business/Complex: Legal Description 20337-K IMPS ONLY PT S2NE4 14 2 67 MH MOBILE/MODULAR Land Value $0 Land Assessed Value $0 Impr. Value $26,394 Impr. Assessed Value $2,100 Total Value $26,394 Total Assessed Value $2,100 Tax Area: Bordering County: Township Range Section Quart. Sec. Subdivison Name Block# Lot# 02 - 67 - 14 - 0 - - Acres: Sq. Ft.: Sale Price Sale Date Deed Type Reception # $0 http://maps2.merrick.com/W ebsite/Weld/setSq l.asp?cmd=ACCDET&acct=13111400003 0... 2/12/2010 Identify Results Page 1 of 1 Oil Valuation Account#: O3176905 Parcel#: 131114000030 Owners Name &Address: Property Address: KERR-MCGEE OIL&GAS ONSHORE LP Street: C/O TRAVIS HOLLAND PROPERTY TAX City: PO BOX 173779 DENVER, CO 802173779 Business/Complex: Legal Description LEASEHOLD INTEREST SWNE 14 2 67 DAVIS 7-14 DAVIS 7-14/CARY 8-14 TANK BATTERY Land Value $129,601 Land Assessed Value $113,400 Impr. Value $0 Impr. Assessed Value $0 Total Value $129,601 Total Assessed Value $113,400 Tax Area: Bordering County: Township Range Section Quart. Sec. Subdivison NameBlock# Lot# 02 - 67 - 14 - 0 - - Acres: Sq. Ft.: Sale Price Sale Date Deed Type Reception # $0. http://map s2.merri ck.com/W eb s ite/W el d/set Sq 1.asp?cmd=AC CDET&acct=1 3 1 1 1 400003 0... 2/12/2010 DEPARTMENT OF PLANNING SERVICES ;�j Planning Division #cf:t ig NORTH OFFICE 918 10TH Street GREELEY, CO 80631 I E-Mail: winloes(ohco.weld.co.us PHONE: (970) 353-6100, Ext. 3540 C. FAX: (970) 304-6498 COLORADO January 11, 2010 Mindee Duerkson 9535 CR 23 Fort Lupton, CO 80621 Subject: ZPMH-2175 - Zoning Permit for the Temporary use of a Mobile Home for a Medical Hardship. Dear Applicant: On November 4, 2009, you were sent a letter regarding the above referenced permit. The letter stated that our office is requiring written notice of evidence within 30 days, that the need for the mobile home still exists along with letter from a medical doctor verifying the need for full time care. To date, our office has not received any new information. Failure to submit the required documentation may result in cessation of the allowance of the mobile home. Evidence shall be submitted to the Department of Planning that the use still exists with the appropriate documentation. If the use of the mobile home has changed or been removed, please contact me at the above address or phone number. If our office does not hear from you within 10 days of receipt of this letter, your Zoning Permit will be turned over to our Zoning Compliance Officer, as it will be in violation with the Weld County Code Section 23-4-180. Thank you for your cooperation to this matter. If you should have any questions, please feel free to contact me. Sincerely, Wendi Inloes Planning Coordinator pc: Code Compliance 73/4‘..N.°\,' DEPARTMENT OF PLANNING SERVICES Planning Division 918 10TH Street WI I GREELEY, CO 80631 pe E-Mail: winloesc 0, Ext.co.us PHONE: (970) 353-6100, Ext, 3540 FAX: ((970) 304-6498 COLORADO - November 4, 2009 Mindee Duerkson 9535 CR 23 Fort Lupton, CO 80621 Subject: ZPMH-2175- Annual Review of a Zoning Permit for a Mobile Home used during for a Temporary use during a Medical Hardship. Located on a parcel of land described as part of the S2NE4 of Section 14, T2N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicant: We are currently updating our medical hardship zoning permit records. These permits are temporary. Such permits are subject to be reviewed annually on the anniversary of the original permit's issuance. Our review of ZPMH-2175 issued to the above property needs to be updated. If the mobile home is currently located on the property, staff is requesting written evidence within 30 days of this letter, that the medical hardship still exists. Documentation of the medical hardship shall be established in an original letter from the subject's medical doctor or other evidence deemed suitable by the Department of Planning Services. The letter shall verify that the subject is physically impaired and requires full-time care. If the use of the mobile home has changed or been removed, please contact me at the above address, e-mail address or telephone number. After we receive this information, the Department of Planning Staff will review it for justification and compliance with Section 23-4-180 of the Weld County Code. You will only be notified if the permit is denied. Thank you in advance for your cooperation for this information. 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