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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,. E1-, CERTIFIED MAILTM RECEIPT CERTIFIED MAILTM RECEIPT 03 (Domestic Mall Only;No Insurance Coverage Provided) m (Domestic Mail Only;No Insurance Coverage Provided) m m F r•slivery inf rmeti•n visit ur website atwww us•s.c m, F r•elivery inf rmati nvisit ur we•site atwww.us•s.c rrr® r 0 i,.FID Postage Postage $ $ ru ru p Certified Fee O Certified Fee O Postmark Return Rene t Fee Postmark p Return Reciept Fee CI P Here (Endorsement Required) Here (Endorsement Required) CI P., Restricted Delivery Fee - Restricted Delivery Fee ra (Endorsement Required) '� (Endorsement Required) p CI d r9 HI Total Postage 8 Fees $ Total Postage 8 Fees $ M m 0 Sent To a Sent To o Gib Smith O Gib Smith N Sneer Aar.No.; Nor Street,POBox No. or PO Box No. PO Box 10 CiPOBoxNo. 10508 CR 25.5 City,State,zlPt4 cny,State,zlP.aFort Lupton CO 80621 Commerce City CO 80037 PS Form 3800,June 2002 See Reverse for Instructions PS Form 3000,June 2002 See Reverse for Instructions U.S. Postal Service,. ' CERTIFIED MAIL RECEIPT a (Domestic Mail Only;No Insurance Coverage Provided) F•r•slivery inf•rmati nvisit ur we•site at www.us• � �, ft,: :ice Px. a 4 .. m Postage $ fu p Certified Fee O Postmark p Return Fee (Endorsement Requ Required) Here O Restricted Delivery Fee H (Endorsement Required) O H Total Postage 8 Fees $ m o Sent To m Gib Smith r` Street,Apt.No.; DELIVERY SENDER: or PO Box No. 46272 CR 29 city,state.zl I alla4o!W ■ Complet. Nunn CO 80648 (2,--"" 0 Ag item 4 if S F rm 3't t,June 20.2 See averse f r Instructi ns O-60AC8 .Od • Print your name an• a••re ee so that we can return the card to you. �tepeived by Printed Na - C. •ate o •/ Ive• o`o bulp�ing • Attach this card to the back of the mailpiece, 6: z. ` ,s m / 7 C )6au r(66ad or on A the front s if space permits. IL�1li Od rr�ht? 0 Yes No t D 1. Article Addressed to: a ow: ❑No D GREELEY FFIC GIB SMITH JUN 1 0 2010 ''�la 2 46272 CR 29 NUNN CO 80648 3. RECEIVED : awioe;uoo asss (J0A16 al0M no Ea Certified Mail O Express Mail 3w OJenn noA let-II CI Registered ❑ Retum Receipt for Merchandise )0;azuo4jne sJa! ❑ Insured Mail ❑0.0.0. 11Jedaa eta 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7003 1010 0002 8989 4055. (Transfer from service la PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 OM) abed uLOZ 1 Gunn g1!wS q!9 a 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 i iniii nn iiiiin mu iii iiiim mii iii nisi" " 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 4;' ({OKY- D llfflltytyOO�`-- ���1/(/�sMI vl� 03 Notary public t3 PIIRI ICe Brenda,L. Archuleta O l width ea r Ruva)tucauewn 31:5P-0 #UO�5�lb$lgO,j j Faea UO557O8AOJ 1111111 IIHI DIN,'III III Elgin III 11111����IIll 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 • PAeM Un590AAO Hello