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Home My WebLink About20102646.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #0900044 AGAINST FLAVIO AND GRACIELA PACHECO 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, Flavio and Graciela Pacheco, BCV #0900044, 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 9th day of November, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, the property owners were present at said hearing, and WHEREAS, after hearing the testimony and statements provided, 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#0900044 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 9th day of November, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ♦ las adem- her Chair Weld County Clerk to the Boa . U6I j - 'ara Kirkmeye , Pro-Tem BY: 1. -C (ft ' d by Deput Clerk . the Board ` ...\1 ' XCUSED Sean p. Coniay7 ,. APPR D AS �� Iliam F. Care. unty ttorney EXCUSED David E. Long I Date of signature: ,' H I, CC..". PL , yiivI, 2010-2646 1 - L{ - II PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Flavio H and Graciela M Pacheco Violation Number: BCV09-00044 Address: PO Box 656, Hudson, CO 80642 Situs Address: 21265 County Road 10, Hudson, CO 80642 Legal: Part of the S2 of Section 10, Ti N, R65W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 10 North: Town of Hudson South: Agricultural properties East: Agricultural properties West: Agricultural properties Parcel Number: 0801-27-3-00-006 Acres: 11.03 Certified mail date: October 26, 2010 Received: REMEDY To bring the property into compliance, the manufactured home shall be removed or a demolition permit issued and the home demolished and all debris removed from the property. 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 April 8, 2009 Violation letter mailed April 27, 2009 Owner came to the office. He said he moved the home to the property approximately four months ago and plans to build a home in the future. I explained that the home is too old to be permitted in Weld County. July 17, 2009 Owner came to the office, reminded him the home needs to be removed September 4, 2009 Phone call to owner, he will be in today to get a zoning permit October 15, 2009 ZPMH-2579 for six month storage of the manufactured home approved September 3, 2010 Owner came to the office, 30-day extension approved October 6, 2010 Site inspection, home is still on the property October 7, 2010 Letter to remind manufactured home must be removed October 26, 2010 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. 2010-2646 ic/16 I'll DEPARTMENT OF PLANNING SERVICES Building Compliance Division 1555 N 17th AVE, Greeley, CO 80631 Ce Website: www.co.weld.co.us Nip E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 COLORADO Fax: (970) 304-6498 October 26, 2010 FLAVIO H and GRACIELA M PACHECO PO BOX 656 HUDSON CO 80642 Subject: BCV09-00044, Part of the S2 of Section 10, T1N, R65W, of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Pacheco: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on November 9, 2010, at 10:00 a.m., to consider the violations. To bring your property into compliance: The manufactured home shall be removed from the property or demolished after being issued a demolition permit. All debris must be removed from the property. 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. incere y, Peggy Gregory Building Compliance Officer pc: BCV09-00044 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal Service,. CERTIFIED MAILrr:, RECEIPT ul (Domestic Mail Only;No Insurance Coverage Provided) rll m F r•elivery inf•rmati nvisit.ur we•site at ww a.us•s.c•m, r` Postage $ Certified Fee Postmark Return Receipt Fee He (Endorsement m Required) ORestricted(Endorsement nt Re ry Fee - (Endor t D liv y Required) C fmll Total Postage&Fees m Sent To m Flavio & Graciela Pacheco O Street,Apt.No.. O or PO Box No. PO Box 656 r` ary.State,zfP+a Hudson CO 8642 PS Form 3000,August 2006 See Reverse for Instructions cr(te DEPARTMENT OF PLANNING SERVICES 7 0 Building Compliance Division 1555 N 17`"AVE, Greeley, CO 80631 Website: wvw.co.weld.co.us ' E-mail Address: pgregorvco.weld.co.us Phone: (970) 353-6100, Ext 3568 Fax: (97(970)) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE October 7, 2010 FLAVIO H and GRACIELA M PACHECO PO BOX 656 HUDSON CO 80642 Subject: BCV09-00044, Part of the S2 of Section 10, T1 N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Pacheco: On October 15, 2009, Mobile Home Zoning Permit#ZPMH-2579 was approved to store the existing manufactured home on the property for six months. On September 3, 2010, staff agreed to grant you 30 additional days. On inspection of October 6, 2010, the home is still on site and the property remains in violation of the Weld County Code. As we have discussed,the structure was manufactured prior to 1976 and, therefore, cannot be permitted and must be removed from the property or demolished (a permit will be required for demolition). Failure to correct this violation within 14 (fourteen) days from October 7, 2010, 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. cerel Peggy Gregory Building Compliance Officer pc: BCV09-00044 ZPMH-2579 BILE HOME ZONING WggC� MO ADMINISTRATIVE PERMIT REVIEW COLORADO Applicant: Flavio and Graciela Pacheco I Case Number: ZPMH-2579 This is a Request for a : Zoning Permit for a Mobile Home to be stored for six (6) months. Legal Description of Parcel: Part of the S2 of Section 10, Ti N, R65W of the 6th P.M., Weld County, CO. Parcel Identification Number: 1473 10 000016 Water Source: n/a Sewer Source: n/a The Department of Planning Services' staff has reviewed this request and approves this request for the following reasons: WILL WILL NOT x Be compatible with the Weld County Comprehensive Plan. x Be compatible with the surrounding area. x Be in harmony with the character of the neighborhood. x Adversely affect the immediate area. x Be adequately served by water and sewage disposal facilities. x Adversely affect the general health, safety and welfare of the inhabitants of the area and the County. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The applicant shall submit a statement of an exit plan acknowledging that the temporary permit shall cease to exist at any such time as the mobile home is used for other than the permitted use. Such statement shall include detailed plan for removal of the mobile home upon expiration of the permit, or at such time the permit is not renewed by either the Department of Planning or Board of County Commissioners, the applicant will have 30 days to put the exit plan into place. 2. The mobile home may not be used on any basis as a dwelling or as overnight or temporary housing for any person. A zoning permit for temporary storage of a mobile home shall be for a period of six (6) months, and is renewable for additional six-month periods only by grant of the Board of County Commissioners, and shall be required to pay an additional fee for further extensions beyond six(6) months. 3. A zoning permit for the temporary storage of a mobile home, does not include the storage of goods inside the unit. 4. The applicant must obtain a building permit for a mobile home and must comply with all installation standards of Chapter 29 of the Weld County Code applicable to mobile homes; provided, however, that no utility hookups to the mobile home of any type, including septic systems, shall be allowed. 5. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. 6. Derelict manufactured (mobile) home: a manufactured (mobile) home that is partially or totally damaged by fire, earthquake, wind, or other natural causes, or is in a state of general dilapidation, deterioration, or decay resulting from improper lack of maintenance, vandalism, or infestation with vermin or rodents. Any such derelict manufactured (mobile) home shall be returned to and maintained in the condition as originally established on site and as inspected by the Weld County Building Inspection Department, or it shall be removed from the site. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 7. Any future structures or uses on site must obtain the appropriate zoning and building permits. 8. When demolishing or removing an existing structure, specifically a mobile/modular home, please contact the Weld County Treasurer's office at 970-353-3845,to ensure that the taxes have been paid and that this structure is removed from the tax roll. 9. Pursuant to Chapter 15, Articles 1 and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All other vegetation, other than grasses, need to be maintained at a maximum height of 12 inches until the area is completely developed. 10. The applicant shall maintain compliance with Section 23-4-160 of the Weld County Code at all times. 021d><av- Date: October 15, 2009 Wendi Inloes Planning Coordinator a (it DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us WI I D E-mail Address: pgregory@co.weld.co.us C. Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO September 9, 2009 FLAVIO H and GRACIELA M PACHECO PO BOX 656 HUDSON CO 80642 Subject: BCR09-00662, Part of the S2 of Section 10, Ti N, R65W of the 6'" P.M., Weld County, Colorado Dear Mr. and Mrs. Pacheco: Prior to releasing permit number BCR09-00662 for electrical service in an existing agricultural exempt pole building, the enclosed Homeowner Affidavit must be signed and returned to our office. Thank you for your cooperation in this matter. Should you have any questions or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, trir Peggy Gregory Building Compliance Officer pc: BCR09-00662 BCV09-00044 h DEPARTMENT OF PLANNING SERVICES Building Compliance Division 91 8 10th Greeley, Street, Greeley, CO 80631 Website: www.co.weld.co.us ' E-mail Address:poregorv(thco.weld.co.us VI D Phone: (970) 353-6100, Ext. 3568 C. Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE April 8, 2009 FLAVIO H and GRACIELA M PACHECO PO BOX 656 HUDSON CO 80642 Subject: BCV09-00044, Part of the S2 of Section 10, T1N, R65W of the 6`h P.M., Weld County, Colorado Dear Mr. and Mrs. Pacheco: It has been determined that the property located at 21265 County Road 10 is currently in violation of the following Section of the Weld County Code: Section 29-7-10"Permit required." Section 29-7.60"Zoning compliance." To bring your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the manufactured home on site, fees paid, the permit issued and all inspections completed provided the home meets the current ANSI standards. If not, the home shall be removed from the property. 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 8, 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. cere , Peggy' regory V Building Compliance Officer pc: BCV09-00044 o 1 7a in o m O m O § u > ^ o - x co co n n I co I : ta a ✓ N O N v O K Orn (A W m o ! . m (n J P 0. V) i �a I $ ma- V Pi O o V A k 'CI N w d u m on OG 0 s m .O.E. no O d (O m co. la a EE = O N m F r E N w O in O y V N C Iii V I A Q I, D To W ^ _ o . m va ZI I Wa a 4, »122 uo I- a. u.ao _OO Nti w I m V O N N U e m a u et o m • O d m " reo v) v IA ax N Ig d a) .+ CV rn m '1 4o o c .w. O. c .. m o c � m> m ; V E mm _ 01:4 cc m 'y lL (_J in c t ~ N in J.O X Z O VV y LI CD f � aO m 4 d fa ho 'd a0_ a = Qa m J QQ J 1IIUfl111111111111IIIhuh 111111IIIIIIIIIIIIIIil!fill 2886160 09/25/2001 12:11P JA SukiTsukemoto 1 of 1 R 5.00 D 10.00 Weld County CO record the day of ,A.D. , at o'clock M. RECORDER. N ,.,9n No. Sy DEPUTY. WARRANTY DEED THIS DEED, Made on this day of September 21,2001 between JAMES V.SMITH AND DONNA T.SMITH of the County of WELD and State of Colorado , of the Grantor(s), and FLAVIO IL PACHECO AND GRACIELA M.PACHECO hp whose legal address is : 3924 WEST VIRGINIA AVENUE,DENVER,COLORADO 80219 of the County of WELD and State of Colorado , of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( 5100.000.00 4"One Hundred Thousand and 00/100""' DOLLARS the receipt end sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sett, convey and confirm ,,to the Grantee(s), their heirs and assigns forever, not in tenancy in semen but in joint tenancy, alt the real property, together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado, described as tot tows: LOT A.RECORDED EXEMPTION NO.1473-10.4-RE 3064.ACCORDING TO PLAT RECORDED JUNE 1I.2001 AT RECEPTION NO.2856297,BEING LOCATED IN THE S 1/2 OF SECTION 10,TOWNSHIP I NORTH,RANGE 65 WEST OP THE 6TH P.M., COUNTY OF WELD,STATE OP COLORADO. J also known as street sober VACANT LAND.HUDSON,CO 80642 TOGETHER with all and singular and hereditaments and appurtenances thereto 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(s), either in law or equity, of, in and to the above bargained premises, with the heredi tments and appurtenances; TO HAVE ANDTO HOLD the said premises above bargained and described with appurtenances, into the Grantee(s), their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the mace ing 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 single, 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, SUBJECT TO GENERAL TAXES FOR THE YEAR 2001:AND EASEMENTS,RESERVATIONS,RESTRICTIONS.COVENANTS AND RIGHTS OF WAY OF RECORD,IF ANY;AND DISTRIBUTION UTILITY EASEMENTS,AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT;AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS,IF ANY. The Grantor(s) shat t and will VARIANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs end assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number stall include the plural, and the plural the singular, and the use of any gender she be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above T V SAT17`H cl SMITH STATE OF Colorado ) )as. County of ADAMS The foregoing instrumnt was acknowledged before me on this day of September 21,2001 by JAMES V.SMITH AND DONNA J.SMITH KELLY A. KINNL C-R PUB NOTARY PUB Ny c esc tasron exvi rem Wi hard end o fy ComTi:COLO A4 �( e"--• My CommissionE)pbec Bepl.18.200a NAttary 8W Name rad Address of Person Creating Newly Created Legal Descript� ( 38-35-106.5, C.R.S Escrowp 8725000395 When Record Return to: FLAVIO N. PACHECO AND GRACIELA M. Title FC25000395 PACHECO 3924 VEST VIRGINIA AVENUE Form No. 921A Rev 4-94. WARRANTY DEED (Joint Tenants lDJT1) DENVER, COLORADO 80219 'v EXHIBIT 1 0 010-- . 112 Li by I/ , IK ' -s r i ..l . • N Iii -.- Nre1/27'. '''-' --ra —Th IP _ r... • ti q,{ - - •_ , -I- - _iii -..•:;1 .., ... .s-.1d: Pr: vga-1:tort,..,-iii‘ria__2-__. -ilk' , ,;-.7_. - "'", 1 , _ .- - Ace ean EXHIBIT N b aoto - a 1u _- Alir le.... iiitigv.....; . . . . . .„ ‘, . A44. ..a. ..i!h; 1 . ,..-- . .i. IL 414 44 .. i ' VT: -- • r ' -. :M___ - •- tipi , ,. j sr �- - - I U • Y I EXHIBIT i C-1 I O1D- aLDL lLe r ' cy__--c) ii.:-;---,....: ): i.,S.trillre\:, ‘N 61.0000- - -,,AN_. Hello