HomeMy WebLinkAbout20101509.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING BCV #0900071 AGAINST GIB 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, Gib Smith, BCV #0900071, is 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 13th day of July, 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 BCV#0900071 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 13th day of July, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
!E S. ELD COUNTY, COLORADO
�4 J
ATTEST: � � i►r • .�..'�- � � ��.:�� , �
86 ( .. �,la 'ademac r, Chair
Weld County Clerk to the Boar
�c j r, IUSED
��F �Z'c�j tiara Kirkmeyer, Pro-Tem
B . �' ii 1 /..l 1.L� 1 _
De. t Clerks the Board`
J Sean P. y
ED AS
1Y11i1 lam F. arcia
ounty Attorney EXCUSED
David E. Long
Date of signature: 1I2it�ID
• 2010-1509
��� I u PL0824
Violation Summary Report
BASIC INFORMATION
SMITH GIB P O BOX 10 COMMERCE CITY, CO 80037
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV09-00071
Situs Address: 10508 CR 25.5
Legal: PT E2NE4 7 2 66 LOT A REC EXEMPT RE-4015 10508 25.5 CR WELD
000000000
Location: Location North of and adjacent to CR 22.5, Between CR 25.5 and
HWY 85
North Agricultural property
South Agricultural property
East Agricultural property
West Agricultural property
Parcel Number: 130907100005-R4721707 Acreage: 16.64
Certified Mail Date: 06/07/2010
Currently the property is in violation of:
29-3-10 "Building permit required."
No building or structure regulated by this Building Code shall be erected, constructed,
enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a
separate building permit for each building or structure has been first obtained from the
Building Inspection Department. (Before any demolition permits are issued, approval must
be given by the Department of Public Health and Environment.)
29-8-40 "Expiration of permit."
A. Every permit issued by the Building Official under the provisions of this Building Code
shall expire by limitation and become null and void after the given utilization period has
elapsed. The utilization period begins on the date of permit issuance.
B. Exceptions. When a permit is issued, the Building Official may approve an expiration
date exceeding the utilization period. The permittee must demonstrate that the complexity
or size of the project makes completion of the project within the utilization period
unreasonable.
C. 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 (1) 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.
REMEDY
A permit application and all applicable documentation shall be submitted for the change of use of an
existing building and handicap accessible bathroom.
RECOMMENDATION
Staff recommends this case be referred to the County Attorney for immediate action as Mr. Smith is
aware of the requirement of the Weld County Code and remains out of compliance.
LETTER HISTORY
06/03/2009 Complaint Validated
06/03/2009 LTTR: Violation Notice 2010-1509
06/07/2010 LTTR: Hearing Notification
Violation Summary Report
OTHER CASE HISTORY
06/24/2009 Phone Call Michelle Martin, Planner, spoke with Mr. Smith. He will
be in to get a new permit and pay fees.
07/13/2009 Phone Call Phone call to Gib Smith. He will submit a permit
application next week.
08/04/2009 Phone Call Phone call from Anna Smith, Gib Smith"s mother. He
has moved to Wyoming and has the property for sale.
She was asking what he can do to resolve this. I told her
that if he is selling the property as is and does not intend
to do any more work, we can do an inspection and
withdraw the permit. If he wants to finish it and then sell
it as a commercial property, he will need to get a new
permit.
10/13/2009 Phone Call Phone call to Gib Smith. He is waiting for a call back
from an electrician. He was under the assumption that
he could do the rest of the work. I told him that he needs
licensed contractors for all the work since it is
commercial. He will make some contacts and get back
wsith me.
02/24/2010 Phone Call Michelle and I called Gib Smith. He says he has gotten
two bids for the plumbing that are around $7,500.00 and
he cannot afford that. He is getting the fencing done.
Michelle explained that we need to get the permit issue
resolved in order to not revoke the USR.
He will submit a permit for just the electrical and get that
completed and continue to try to find a plumber. He will
then submit a new permit for the bathroom.
02/25/2010 Phone Call Phone call from Anna Smith. They have contacted
Miracle Electric in Ault. He is supposed to look at the job
this weekend. They will get a permit next week for the
electrical once they have a bid. She has also contacted
a plumber that may be able to complete the plubming.
04/21/2010 Phone Call Attempted to call Gib Smith, voice mail stated this person
is not accepting calls right now.
04/26/2010 Phone Call Attempted to call Gib Smith -again his voice mail said
this person is not accepting calls right now.
04/26/2010 Phone Call Phone call to Anna Smith. She will talk to Gib and see
when they can get in to submit a new permit.
05/25/2010 Other 10-DAY LETTER ADVISING BUILDING PERMIT MUST
BE SUBMITTED OR CASE WILL BE SCHEDULED
WITH BOCC FOR JUNE, 2010 VIOLATION HEARING
1ti
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
' 1555 N 17`"AVE, Greeley, CO 80631
III g Website: www.co.weld.co.us
E-mail Address: pgregory@co.weld.co.us
es , Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
COLORADO
June 7, 2010
GIB SMITH
PO BOX 10
COMMERCE CITY CO 80037
GIB SMITH
10508 CR 25.5
FORT LUPTON CO 80621
GIB SMITH
46272 CR 29
NUNN CO 80648
Subject: BCV09-00071, Part of the E2NE4 of Section 7,T2N, R66W, of the 6th P.M.,Weld County, Colorado
Dear Mr. 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 July 13, 2010, at 10:00 a.m., to consider the violations. The
property is in violation of the following Section(s) of the Weld County Code:
Section 29-3-10 "Building permit required."
Section 29-8-40 "Expiration of permit."
To bring your property into compliance:
A permit application and all applicable documentation shall be submitted for the
interior remodel of the existing 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.
U.S. Postal Service,. U.S. Postal Service,.
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PS Form 3800,June 2002 See Reverse for Instructions
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GIB SMITH JUN 1 0 2010 ''�la
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DEPARTMENT OF PLANNING SERVICES
rs
Building Compliance Division
1555 N 17`"AVE, Greeley, CO 80631
Website: www.co.weld.co.us
Wilge
E-mail Address: pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6496498
COLORADO
May 25, 2010
GIB SMITH
PO BOX 10
COMMERCE CITY CO 80037
Subject: BCV09-00071
Part of the E2NE4 of Section 7, T2N, R66W of the 6t" P.M., Weld County, Colorado
Dear Mr. Smith:
I have contacted you numerous times regarding the above noted violation for an interior remodel of an existing
building at 10508 County Road 25.5. You have repeatedly stated that you would submit a new building permit
application but, to date, we have not received that information. Failure to submit the application and all
applicable documentation within 10 days from the date of this letter will result in this violation being scheduled
with the Board of County Commissioners at the June, 2010, violation hearing. At that time, Michelle Martin
and I will present the case from both the zoning and building aspects. As you are aware, USR-1591 may be
revoked by the Board of County Commissioners for failure to meet the requirements of the USR.
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, Art GQ (I
Peggy Gregory
Building Compliance Officer
pc: BCV09-00071
Michelle Martin, Planner III
- DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO
el 80631
Website: www.co.weld.co.us
E-mail Address: poregorv(a)co.weld.co.us
IngPhone: (970) 353-6100, Ext. 3568
C. Fax: (970) 304-6498
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
June 3, 2009
GIB SMITH
PO BOX 10
COMMERCE CITY CO 80037
Subject: BCV09-00071, Part of the E2NE4 of Section 7, T2N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. Smith:
Permit number BCR07-01786 has now expired and the property located at 10508 County Road 25.5 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 an interior remodel of an existing 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 June 3,2009. 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.
• y,
Q
Peggy Gregory
Building Compliance Officer
pc: BCV09-00071
BCR07-01786
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO 80631
I Website: www.co.weld.co.us
Address: pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
CE-malt
Fax: (970) 304-6498
COLORADO
April 30, 2009
GIB SMITH
PO BOX 10
COMMERCE CITY CO 80037
Subject: Permit# BCR07-01786 — Part of the E2NE4 of Section 7, T2N, R66W of the 6th P.M.,
Weld County, Colorado
Dear Mr. Smith:
This letter is to remind you that a permit for the change of use of an existing building and a handicap
accessible bathroom at 10508 County Road 25.5 was issued on December 1,2008. According to our records,
this permit will expire on May 30, 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 initiated 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.
2ely
NCB
Peggy ry
Building Compliance Officer
pc: BCR07-01786
SERVICE_TEAMWORK,INTEGRITY,QUALITY
rst(17;\:,
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO 80631
' Website: www.co.weld.co.us
E-mail Address: pgregory@co,weld.co.us
Phone: (970) 353-6100, Ext. 3568
Ce Fax: (970) 304-6498
COLORADO
November 10, 2008
GIB SMITH
PO BOX 10
COMMERCE CITY CO 80037
Subject: BCR07-01786— Part of the E2NE4 of Section 7, T2N, R66W of the C P.M.,
Weld County, Colorado
Dear Mr. Smith:
On November 27, 2007,you submitted the above noted permit for the change of use of an existing building to
a commercial shop and office. The permit was released on June 6, 2008, but has not been issued and the
plan review is due to expire on December 3, 2008.
Failure to pick up the permit and pay the fee of$5,379.09 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.
Should you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your
cooperation in this matter.
ly, A
6 �
Peg egorU V
Building Compliance
pc: BCR07-01786
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Parcel*: 130907100005
Account#: R4721707
Tax Area: 2230 Bordering County:
Acres: 16.46
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
02 - 66 - 07 - 1
Owners Name&Address: Property Address:
SMITH GIB Street: 10508 25.5 CR
P 0 BOX 10 City: WELD
COMMERCE CITY, CO 80037
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
$0
Legal Description
I PT E2NE4 7 2 66 LOT A REC EXEMPT RE-4015 10508 25.5 CR WELD 000000000
Land Valuation Summary
Unit of Number of Assessed
Land Type Abst Code Actual Value Value
Measure Units
Agricultural 4167 Acres 0.97
Agricultural 4167 Acres 3
Agricultural 4127 Acres 12.49
Land Subtotal: 16.46 $174 $50
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
1 Out Building
Improvements Subtotal: $56,361 $16,340
Total Property Value $56,535 $16,390
Building Details
Account#: R4721707 Parcel#: 130907100005
Owners Name &Address: Property Address:
SMITH GIB Street: 10508 25.5 CR
P 0 BOX 10 City: WELD
COMMERCE CITY, CO 80037
Building# Property Type
1 Out Building
Individual Built As Detail
Built As: Shed - Equipment Year Built: 2004
http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13090... 6/22/2009
Identify Results Page 2 of 2
HVAC: Electric
Exterior: 4608
t
Interior Finish: Built As SQ Ft: Gable
#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/W ebsite/W eld/setSq l.asp?cmd=QUERY&DET=PP&pin=13090... 6/22/2009
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31175255 08/20/2003 03:0IP Weld County, CO
1 0l 2 R 11.00 0 8.60 Steve Moreno CIet*&Recorder
265
WARRANTY DEED
THIS DEED. Made this 18th day of June , 2003,
between Rolland A. Johnson and Esther H. Johnson
of the County of Weld and State of Colorado
grantor,and Gib Smith
whose legal address is P.O. Box 10, Commerce City, CO 80037
of the County of Weld and State of Colorado ,gimlet:
WITNESSETH,That the grantor,for and in consideration of the sum of NINETY FIVE THOUSAND AND
NO/100
DOLLARS.($95,000.00 ),
the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents
does grant,bargain.sell,convey and confine,unto the grantee,his heirs and assigns forever,all 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 Exhibit "A" attached hereto and incorporated herein.
State Wo. Fee
$
also known by street and number as Vacant Land, Fort Lupton, CO 80621
TOGETHER with all and singular the hereditarnents and appurtenances thereunto 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,either in law or equity,of,in and to the above bargained premises, with the
hereditarrcnts and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his
heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and
agree to and with the grantee,his heirs and assigns,that at the time of the caseating 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 simple,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,except far taxes for the current year,a lien but not yet due
and payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title
Documents accepted by Buyer in accordance with section 8a[Title Review],of the contract dated
February 4, 2003 ,between the parties.
The grantor shall and will WARRANTAND FOREVER DEFEND the above-bargainedpremises in the quiet and peaceable posses-
sion of the grantee.his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plurad,the plural the singular,and the use of any gender shall he applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the cane set forth above.
4
Rolland A. Jo son � Es Cher H. Johns
STATE OP Colorado
)as.
COUNTY OF Adams
The foregoing instrument was acknowledged before Inc this 18th day of June 2003 by
Rolland A. Johnson and Esther H. Johnson
titi:`ys thsti4 June 22, 2005 'mess my hit and offtial setyy�''rr////Q��llt �/(�l /1// // �`�/—�//y
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3076256 06/20/2003 03:04P Weld County,CO
2 0l 2 R 11.00 D 9.50 Steve Moreno Clerk&Recorder
Vacant Land
LEGAL DESCRIPTION OF DEED DATED
June 18, 2003
A portion of the East 1/2 of the Northeast 1/4 of Section 7, Township 2 North,
Range 66 West of the 6th P.M. , being more particularly described as follows:
Considering the East line of the Northeast 1/4 of said Section 7 to bear North
00'12'27" West with all bearings contained herein relative thereto.
Beginning at the Northwest corner of the East 1/2 of the Northeast 1/4 of said
Section 7; thence North 88'06'45" East, along the North line of the East 1/2
of the Northeast 1/4 of said Section 7; a distance of 425.34 feet to the West
right-of-way line of U.S. Highway 85; thence South 09'14'31" East along said
West right-of-way line, a distance of 685.88 feet to the beginning of a curve
concave to the West, having a radius of 5634.88 feet and a central angle of
05'05'16' and being subtended by a chord which bears South 06'39'30' East, a
distance of 500.20 feet; thence Southerly along said curve, a distance of
500.36 feet; thence South 04'06'52" East, tangent to said curve, and along
said West right-of-way line, a distance of 1240.41 feet to the beginning of a
curve concave to the East, having a radius of 5840.28 feet and a central angle
li of 01'06'42' and being subtended by a chord which bears South 04'41'18" East
a distance of 113.3 feet; [hence Southerly along said curve, a distance
of 113.31 feet; thence South 49'00'00' West, along said West
right-of-way line a distance of 85.97 feet; thence South 06'00'30" East,
along said West right-of-way line, a distance of 20.21 feet to the North
right-of-way line of Weld County Road 22 1/2; thence South 80'24'54" West,
along said North right-of-way line; a distance of 621.55 feet to the West line
of the East 1/2 of the Northeast 1/4 of said Section 7; thence North
00'09'49' West, along said West line of the East 1/2 of the Northeast 1/4 of
said Section 7. A distance of 2603.64 feet to the Point of Beginning,
County of Weld, State of Colorado
EXCEPTING AND RESERVING UNTO THE PARTY OF.THE FIRST
PART "GRANTOR" AL1. RIGHT, TITLE AND INTEREST IN AND
TO ALL MINERALS OF WHATSOEVER KIND, IN, UNDER AND UPON
OR THAT MIGHT BE PRODUCED FROM TILE HEREIN DESCRIBED LAND.
EXCEPT FOR THE GRAVEL RIGHTS
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