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Home My WebLink About20102386 RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #1000113 AGAINST DORIS CUNNINGHAM, C/O PEONIO/CAVALIER/MOSSER 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, Doris Cunningham, c/o Peonio/Cavalier/Mosser, ZCV #1000113, 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 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, Travis Peonio, Tenant, was present at said hearing and provided testimony, and was also represented by Attorney Chris Matz, Kumin Sommers, LLP, and WHEREAS, the Board deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Doris Cunningham, c/o Peonio/Cavalier/Mosser, 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. 2010-2386 11-10 'ID PL0824 VIOLATIONS -ZCV#1000113 - CUNNINGHAM, C/O PEONIO/CAVALIER/MOSSER PAGE 2 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 COUAIT,Y, COLORADO ATTEST: / �` EL 'nit. . �� 1. NAY l•s Rade c -r, air Weld County Clerk to the Boar, iaei (qFbr r c— (NAY) ra Kirkmeye Pro-Tem BY: ,ftLQ Depu Clerk t?, he Board f -(1 f AYE Sean P. nway ED AS ORM: L (AYE) i • F. Garcia ntY Attorney ��A � (AYE) David E. Long Date of signature: 2010-2386 PL0824 AsSktvol COLORADO Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV10-00113 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 41450 CR 33 CUNNINGHAM DORIS Mailing Address: 3967 CREEDMORE LAKES RD RED FEATHER LAKES, CO 80545 VIOLATION CONTACTS: CHRIS MATZ 2005 E 20TH AV 303-831-8188 KUMIN SOMMERS LLP DENVER, CO 80205 WARREN EDSON 2005 E 20TH AV 303-831-8188 KUMIN SOMMERS LLP DENVER, CO 80205 PARCEL: 070702000056-R0021888 Acreage: 3.19 Legal Description: PT NW4 SW4 2-7-66 LOT B REC EXEMPT RE-991(.14R) LOCATION: Location: East of and adjacent to CR 33 and approximately 1/2 mile North of CR 84 North: Agriculturally Zoned properties and approximately 1 1/2 miles South of Pierce municipal boundaries South: Agriculturally Zoned properties and approximately 1 mile North of Ault municipal boundaries East: Agriculturally Zoned properties and approximately 3/4 miles West of Hwy 85 West: Agriculturally Zoned properties NOTIFICATION INFORMATION: Certified Sent Date 09/27/2010 Certified Reference Number 7003 1010 0002 8989 3966 Certified Receipt Date 09/30/2010 VIOLATION DESCRIPTION: Chapter 23, Article 111(3), Division 1 "Agriculture Zone District" Section 23-3-20 "Uses by Right" Section 23-3-30 "Accessory Uses" Chapter 23, Article IV(4), Division 14 "Cultivation, Manufacture, Distribution or Sale of Medical Marijuana or Medical Marijuana Infused Products." Section 23-4-1000 "Prohibition of cultivation, manufacture, distribution or sale of medical marijuana or medical marijuana infused products in any zone district." Section 23-4-1010 "Prohibition of the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana infused products manufacturers' licenses in any zone district." Section 23-4-1020 "Definitions" 2010-2386 VIOLATION REMEDY: As I previously indicted, the property is not in compliance with Section 25.5-106, C.R.S. or Section 14 of Article XVIII of the Colorado Constitution, the property is therefore not in compliance with Chapter 23, Article IV(4), Division 14 of the Weld County Code. COLORADO Planning Department ZONING VIOLATION CASE SUMMARY RECOMMENDATION: The Department of Planning Services recommends this case be forwarded to the County Attorneys Office for immediate legal action. WORKFLOW SUMMARY: Case Initiation 09/09/2010 Initiated Violation 09/09/2010 5 Day Letter Violation 09/22/2010 Violation Notice Violation 09/27/2010 Hearing Notification OTHER CASE HISTORY: 08/30/2010 E-mail sent From: Bethany Salzman Sent: Monday, August 30, 2010 12:24 PM To: Julie Mercer Subject: 41450 CR 33 Current Property Owner: Doris Cunningham 3967 Creedmore Lakes Rd Red Feather Lakes, Co 80545 3 Co-Owners (in a lease to own) - caregivers John Paul Mosser 235 Walnut Av Eaton, Co 80615 970 672-7008•cell mmm Geoffrey Michael Cavalier(Caregiver's license VOIDED by State) 611 30th Av Greeley, Co 80634 970 518-2761 cell Travis Peonio 422 Broadview Windsor, Co 80550 (970)388-6164 CO OLlir DOB: Doctor Info: Val Landes 4630 Royal Vista Circle#12 Windsor, Co 80550 12 plants per client for severe pain Card Holder-A licants: aer. I o`De COLORADO Planning Department ZONING VIOLATION CASE SUMMARY Fort Collins, Co 80625 DOB: Caregiver: Travis Peonio (see info above) Dr: Val Landes (see info above) Windsor, Co 80550 Caregiver: Travis Peonio Dr: Val Landes DOB: No address/contact info Loveland, Co 80538 DOB: SOC: Caregiver: Travis Peonio Dr: Val Landes INIEr Windsor, CO 80550 DOB: SOC: Caregiver Travis Peonio Dr: Val Landes Inspection revealed 28 plants in main grow room, 42 plants in side room, 4+ plants drying and a kiddie pool of trimmings + 5 more plants in attic area Bethany Salzman Zoning Compliance Officer II 1555 North 17th Avenue Greeley, CO 80631 (970)353-6100 Ext. 3555 (office) (970)304-6498 (fax) bsalzman@co.weld.co.us 09/23/2010 Phone call John Mosser(672-7008) called. He said he received another letter and was calling in to see what was going on. I explained that Peggy sent him a letter dated 09/02/10. I sent him a letter on 09/15/10. I explained that Peggy's is for the building issues and my letter is for the zoning issues. He asked what zoning issues he had left. He said he removed the new guy who started the grow upstairs (with the COLORADO Planning Department ZONING VIOLATION CASE SUMMARY 5 plants) and they are down around the 60 (12 plants per patient per the doctors notes). I told him that I needed do discuss this argument with the County Attorney's Office. I then asked about which one of them was the caregiver. I explained that the new statute states that the Primary Caregiver can not have his/her own Primary Caregiver. He said he would have to see which one of them would be eligible. I told him I would call him back after discussion with the County Attorney's Office. 09/23/2010 Phone call Travis Peonio called (388-6164). He said he could fax me something stating he did not have a Primary Caregiver. 09/23/2010 Phone call I called Travis back (388-6164). I explained that he could fax that in. He explained he was still a patient, but he was simply his own caregiver. ((After discussion with the County Attorney's Office, I called Travis back)). I explained that was fine, he just would count as 1 (one) of the patients for which he was caring. So, they would still be limited to providing medical marijuana for 5 patients. I asked who he would like to remove. He said he wanted to remove Nicholas Perich. I then explained that it had been determined that 6 plants per patient was what our Zoning Code would allow. The State Statute says that more than 6 plants could be raised as an Affirmative Defense to violation of state law (criminal proceedings), but did not say anything about local Zoning jurisdictions. I explained if they wanted to argue our interpretation, I could schedule them for a Violation Hearing and they could present their argument before the Board of County Commissioners. He indicated they would probably go that route, but he needed to talk to his partners tonight and would get back in touch with me. He said tomorrow he would fax me his personal latest Patient Registry Card application stating he does not have a caregiver. 09/23/2010 Phone call I called John Mosser back (672-7008) I explained that it was determined that 6 plants per patient was what our Zoning Code would allow. The State Statute says that more than 6 plants could be raised as an Affirmative Defense to violation of state law(criminal proceedings), but did not say anything about local Zoning jurisdictions. I explained if they wanted to argue our interpretation, I could schedule them for a Violation Hearing and they could present their argument before the Board of County Commissioners. He indicated they would probably go that route. I told him that I discussed this with Travis and that is what Travis said, but he said he needed to talk to his partners tonight and would get back in touch with me. I also explained that tomorrow Travis was going to fax me his personal latest Patient Registry Card application stating he does not have a caregiver for my records. He said he would be in touch. 09/27/2010 Phone call John Mosser called. He asked if they could go ahead and be scheduled into the October 12, 2010 Violation Hearing. I told him I would need to get the letter out today. He gave me their attorney information so I could send a copy of the letter to them as well (warren@kuminsommers.com and chris@kuminsommers.com). 09/28/2010 Fax Received Received faxed copy of Travis Peonio's Medical Marijuana Registry Application Form. 09/28/2010 E-mail Sent I e-mailed Violation Hearing Notification letter to warren@kuminsommers.com and chris@kuminsommers.com Wl`Dc COLORADO Planning Department ZONING VIOLATION CASE SUMMARY INSPECTION SUMMARY: Zoning Inspection 08/30/2010 Noncompliance Bethany Salzman Inspection Result Comment During an on-site inspection with Julie Hibler(WCSO), Ken Swanson (Building Official), John Paul Musser(Co-Owner), Geoffrey Michael Cavalier(Co-Owner), Travis Peonio (Co-Owner) and I, the following items were noted: On the main floor, there were 42 plants in plastic kiddie pools in the main growing room. There were another 28 plants in a side room (under the stairs). There was also a large amount already cut and/or being trimmed (and drying) in the adjacent area. On the second floor there was another area where a new tenant was getting ready to set up shop with at least 5 plants already started and several kiddie pools, grow lights, extension cords and tubing. No pictures were taken during this inspection. • 6 0 a ( r!w � fit/1H e 4 iii to m Ego i ,„, Wild County Pleiminp Deperteilt z t,‘, o �r��+ORA QREELEY OFFICE m z z r t, zZC� 6 ! ° 9.6 9fl1A n z n n En c SERVICES z O3 (A x Y b m m z m us C m y z NSA 0 s September 15, 2010 0 ? 4r o t- DORIS CUNNINGHAM w r n o z 3967 CREEDMORE LAI ra m ,,, O N. z RED FEATHER LAKES. P m n jt .< > GEOFFREY MICHAEL i i3) n < '< 611 30TH AV a 4 GREELEY, CO 80634 0 2 > o a Zoning Violation Case: d H rm' .. C H > Situs Address: _ o m < m Legal Description: _ 0 z Dear Doris Cunnin 9 han = r- zzrm i. _ y 611 Lr +C J It has come to the attenl = 0 mw rkk� ' iur property may not be in com lianc = ° D r`r'pl p O y p _Ai m 'fs�{.ti;.a , • liance s with the Weld County Code 2 Z k �Z r As we discussed d - O 03n ` is not in compliance with = 0 al.titio rio tar oN unITF4 ado Constitution, the pi _ ° 719 t, a- ti a Tv, Division 14 of the A - 0 O 0 n il m 4' ke X 1' j Please contact me withir = 0 o 3 0 a ; with me. Feel free to contact me s z ° vwish to see me personally, please ca " r 0 m tilt! Junt of time with you. JP Pm . a - 2 aO � 0 Sincerely, m oW o Cetha \ ny Salzman C ` Zoning Compliance Officer II File: ZCV10-00113 a DEPARTMENT OF PLANNING SERVICES Building Compliance Division 1555 N 17th AVE, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Q Fax: (970)304-6498 COLORADO • September 28, 2010 DORIS CUNNINGHAM GEOFFREY MICHAEL CAVALIER 2967 CREEDMORE LAKES RD 611 30 AV RED FEATHER LAKES CO 80545 GREELEY CO 80634 JOHN PAUL MOSSER TRAVIS PEONIO 235 WALNUT AV 422 BROADVIEW EATON CO 80615 WINDSOR CO 80550 Subject: BCV10-00087, Part of the NW4SW4 of Section 2, T7N, R66W of the 6th P.M., Weld County, Colorado Dear Mrs. Cunningham, Mr. Mosser, Mr. Cavalier, Mr. Peonic: The property at 41450 County Road 33 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. The property is in violation of the following Sections of the Weld County Code: Section 29-3-10 "Building permit required." To bring your property into compliance: Permit applications and all applicable documentation shall be submitted for change of use of two buildings, plan reviews completed, fees paid, the permits 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. 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. ' cerro y, Peg/to/9"Y? Building Compliance Officer pc: BCV10-00087 SEF. M. 2010 11 : 16AMa.OPIKIRK EYE CENTER NO, 7 36 P. ' 1111)4+H 6 e--417) TYS ? SEP. 28. 201011 : 16AM_KIRK EYE CENTER N0. 7336:—', 2 Medical ..darijuana Registry Apr 'cation rorm 5=cirmiii PI EASE SEE BACK OF THIS SHEET FOR INSTRUCTIONS WHITEOUT AND CROSS-OUTS WILL VOID THIS FORM. © NEW ® RENEWAL before This is the first dale I've applied in Colorado. /have been on the Colorado Registry 2.First Name(as ltappears on your ID) 3. • ; Inidal �•- v P 5.City .. .e State 7.Coon m I S• II CO 0 ' - '10.Telephone Rumba j 12.Qender p� 8.Soda curdy Number 9.Date of Birth att 11.e-mail Addr=." et 0 13.Are you homebound? 1•. 'rovlder of medical $ Self(skip the"Provider"section below) filigallag Q --- marijuana:Select one of 0 care-giver(Required:enter name and address below) the following that best 0 Medical Marijuana Center(Required:enter name and address below) describes your intended 0 Self and Caregiver(Required:enter name end address below) source of Medieal 0 Self and Medical Marjuana Center(Required:enter name and address below) marijuana: _ 16a.Name of Medical Marijuana Center(skip this field if using a caregiver) „1 116c.City 16dState I16e.Zip Code 16b.Mailing Address of Medical Marijuana Center �:U IX 4 18f.Telephone Number - ty © 17e.Last Name of Care-Givertas It appears on ID) 17b.First Name(as it appears on ID) 117c.Middle Initial O d -� 17e.City-.•• 13- Zip Code 17d.Mailing Address u -1' 17d. r.i.I. 0 17h.Date of Birth -i171.Telephone Number 17j.Alternate Number / / 20,Middle Initial 19.First Name 18.Last Name 4 �pyrnnef�"e, � �'}�q,rcao' fJ 2L Mailing Address 122 City 23State 24.Zlp Code N Po (3o' 144 G.);wasov^ Co 0 I 2 26.Fax Number 0. 25.Telephone Number 94. 0 - Ali -9,51, 8 ERAL CRIME IN COLONRADO,AND USE, OF POSSESSION, REGISTRATION MD NUFACTURE OF MARIJUANA REMAINS A ROVIDES NO PROTECTION WHATSOEVER AGAIINST FEDERAL CRIMI PROSECUTION. I hereby certify that the above information is correct and complete. 28.Date Signed: 27.Applicant's Signature: 41/11`r q ).010 J -" �/ J� ,State of Colorado, The Applicant's Signature has been subscribed end affirmed before me in the county of o this 2 Oth day of — - 20 10 . 27,/191 /1r i G!! —t, Norm o,� (Notary's Officia)Signature) ° ` W 0 n Luc (Commission expiration date) Op •,•loic ; Rat At?2010 I casseet for eemmuo titaduoas from . • . SE?. 28. 2010_11 : 17AM_KIRK EYE CE@TER NO. 7336—F. 3 Medical .Marijuana Registry Apr4ication Form of Pallet? ad PHYSICIAN CERTIFICATION Instructions: Please complete all the information required on this form OR provide relevant portions of the patient's medical record that contain all the information required on this form. Sign the form,and keep a copy in the patient's medical record.The patient will submit this certification along with his or her application for a Medical Marijuana Registry identification card.This does not constitute a prescription for marijuana WHITEOUT AND CROSS-OUTS WILL vgnazills FORM.You may contact the Registry at(343)692-2184 if you have any.questions or concerns. PATIENT INFORMATION 1.NAME(LAST FIRST MI : 2.VATE OF BI MM/DD/YYYY 9.DATE OF PHYSICAL EXAMINATION FOR THE PURPOSE OF MEDICAL MARIJUANA RECOMMENDATION. MWDD/YYYY 4.HOW MANYTIMES DURING THE PREVIOUS 12 MONTHS HAVE YOU SEEN THIS PATIENT? OEN 5.ARE YOU AVAILABLE TO PROVIDE FOLLOW-UP CARE FOR THIS PATIENT? 6.RECOMMENDED DATE FOR FOLLOW-UP CARE VISIT? MMJDD/1'YYY MVP 7.IN YOUR OPINION,IS THIS PATIENT HOMEBOUND? PHYSICIAN INFORMATION B.NAME(LAST,FIRST,MI): 9.TELEPHONE NUMBER: riAercerl 5.earoµchfe. `j- 91-0-591- f? 10.MAILING ADDRESS: -- t1:FAX NUMBER Qo 13Ok 144 'J/ 12.CITY,STATE,AND ZIP CODE: 13.PHYSICIAN LICENSE NUMBER (.96,.AStfr (o COSSb DR- 9,4Sgg 14. Note to physician:The Registry requires a copy of your current DEA certification to be on file with the Registry.If you have not already provided this,FAX a copy to 303-7585182 to prevent delays in processing this application. PHYSICIAN'S STATEMENT 15.The above-named patient has been diagnosed with and is currently undergoing treatment forthe following chronic debilitating medical condition:(Check appropriate boxes.) a. D Cancer e• allig b. ❑Glaucoma Zr-tl-nnfifrtovvn a. CI HIV or AIDS positive Note p ya n: ee o ogy,a qulred bylaw whenever severe OR a chronic or debilitating disease or medical condition that P produces,for this patent,one or more of the following and which, f. in the physician's professional opinion,may be alleviated by the g. ❑Seizures(including those characteristic of epilepsy) medical use of marijuana. h. O Persistent muscle spasms(including those characteristic d. O Cachexia of multiple sclerosis) 16.Comments:Of no comments,the Registry recommends crossing through this area to prevent the addition of comments after your signature) Q-F. lwe1 2s rLblts ,Sa Lo a;+-Y{htriee'a 64, /Z piss a A 4a4iceS I hereby certify that I am Irian duly licensed in good etandingtn practice medicine In Colorado,and tilt I have a bona fide physician-patient relation- ship with the above-named patient I have assessed this padentt5 medical history and current medical condition.and I Conclude that this patient may benett from the medical use of marijuana.This assessment is not a prescription for the use of marijuana. 1.7.PHYSICIAN'S SIG MIRE 18.DATE Og/6412_O(O Pcv.July 2010 WHITEOUT AND CROSS-OUTS WILL VOID THIS FORM. SEP. 28. 2010 11 : ' 7AM_KIRK EYE CENTER------710.ti_ 7836 P. ! Colorado Me(' it Marijuana Registry Application Instruc Instructions for applying for a Medical Marquees Registry ides it Cer1on Cacation form.If the You must complete the Registry application form and ask your physician try complete comp Physician applicant is a minor or you have more questions,please contactthe egistry at plate.to.692.21 applications will be returned to 84. Before sending materials,please make sure your application packet is the applicant Whiteout and cross-outs will void this form. CI APPLICATION FOR IDENTIFICATION CARD • Please,legibly complete the entire application form. •You may choose to designate a caregiver or a Medical Marijuana Center,although you do not have to. • Complete the physician information. be • Sign and date in front of notary,and have notarized.The date of the on patient's and the notary's signatures must the same.The notary can not be the patient,caregiver an. CI PHYSICIAN CERTIFICATION •Your physician must complete and sign the physician certification form. • OnlyThe a MD or DOlicensede in good your compete appnding lication n within 60 days of Me ysician's practice medicine in the state of Colorado may this form. • The PHOTO I] �E�16RN�Of esl�goa�)A PHOTO ID THAT ESTABLISHES COLORADO RESIDENCY FOR THE PATIENT AND (driver's license,state ID)See below for other options.Broken or tampered ID's are not valid. CI NON-REFUNDABLE$90.00 APPLICATION FEE(check or money order Payable to We do not accept temporary checks and make sure the form of payment is signed.Please write the patents name on the check.The notary cannot sign the form of payment ❑ SUBMIT ALL ITEMS paperwork We recommo d o u end ur Puti iicI Health e d En ronment Colorado Department Medical Marijuana Registry or MMR 1.1 4300 Cherry Creek Drive South Denver,CO 80246.1530 ❑ DROP OFF BOX Colorado Department of Public Health and Environment 710 S,Ash Street,South East Entrance Inside the first set of glass doors-will bee Drop Boxfor MMR applications.Doors_open:Monday-Friday, 7:00 a.m.to 6:00 p.m.Your application must be in a sealed envelope.You will not receive a receipt If you wish to have a receipt please mail in your application by certified mall. organization,or dispensary Registry is not affiliated with any privately operated club,orgy PATIENT'S AND CAREGIVER'S PROOF of IDENTITY AND PROOF OF RESIDENCY IN COLORADO At heat 1 of the following Or at least 2 of the following Colorado Driver's License Minimum of Strom the group of ID's below- ColoradoOut of State Driver's License ut _ passport.MI Ran(ID.Tribal ID And w Minimum rrf i from the grnrip Dolaw' �. . Colo Work Identification/paycheck stub/W-2 .4,,; Utility bill,medicalvmsurance bill or cable bill - Colmde nt The above kerns must show a Cobrado residence • All Documents must be currently valid! At least one of these documents must show the applicant's date of birth. •Incomplete applications be returned to the applicant. •The date the patient signs and the physician signs do not have to be the same. the •Keep*pies of all the documents you submits the Registry.The law states"patientsmust reside esdtr inaxo Colorado o and pntie u Felt P e completed ppliii ation ion form adopted bythe State Health Agency.'No one Is permitted to submit paperwork to the has ban submitted,you may want to send your application In bycertified mail. •The appricantwill receive one card with the patient's information and caregiver Information,if designated. •Please check our web site to find the latestttme estimate for proceGsing OPP •Available Primary Core$lvers:The Registry will be accepting the names of Individuals who would Eke to be a primary are-giver end have authorized the Registry to release their contact information to patients in search of a odmery caregiver.This Is an optional Brace(Of those patents having ddfi*lb finding a primary cate4iver. Please check our web site for the availability of this option. Once this service Is available,a Reouestfor Primary Caregiver Listform will be posted. For more information,please visit www.cdphestate.co.us/heimedicalmarijuana WHITEOUT AND CROSS-OUTS WILL VOID THIS FORM" SEP. 28, 2010 11 : 17AM KIRK EYE CENTER. NC. 7336 5 • - • wri:� Kr,. • ,��. ,, 'mow'. ".i ie,,i�.ri nt , r f S.. .eti: ..w....nom. :1.17.1.1'1 . RyF.r i_• I, as • 1111191\�l II% 11 117'119.7111 ".°i �• ;,G ni anrvaido gGYteA "'meant= n' ma/woman.m ae^4 •• •• ` � � .+, • TPI.aW 5aam+kmo:asal0T00 6 . • F aW page u, e^u"ai .car l!�11}��-pil, hill-,i1' ••,r,��, �, . r �r 0�9 t !, E� x, i -_ e (ice\ COLORADO DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, 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 September 27, 2010 DORIS CUNNINGHAM JOHN PAUL MOSSER 3967 CREEDMORE LAKES RD 235 WALNUT AV RED FEATHER LAKES, CO 80545 EATON, CO 80615 GEOFFREY MICHAEL CAVALIER TRAVIS PEONIO 611 30TH AV 422 BROADVIEW GREELEY, CO 80634 WINDSOR, CO 80550 Zoning Violation Case: ZCV10-00113 Situs Address: 41450 CR 33 Legal Description: PT NW4 SW4 2-7-66 LOT B REC EXEMPT RE-991(.14R) Dear Doris Cunningham, John Paul Mosser, Geoffrey Michael Cavalier and Travis Peonio: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on 10/1272010 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 "Agriculture Zone District" Section 23-3-20 "Uses by Right" Section 23-3-30 "Accessory Uses" Chapter 23, Article IV(4), Division 14 "Cultivation, Manufacture, Distribution or Sale of Medical Marijuana or Medical Marijuana Infused Products." Section 23-4-1000 "Prohibition of cultivation, manufacture, distribution or sale of medical marijuana or medical marijuana infused products in any zone district." Section 23-4-1010 "Prohibition of the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana infused products manufacturers' licenses in any zone district." Section 23-4-1020 "Definitions" n COLORADO DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, 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 To bring your property into compliance with the Weld County Code: As I previously indicted, the property is not in compliance with Section 25.5-106, C.R.S. or Section 14 of Article XVIII of the Colorado Constitution, the property is therefore not in compliance with Chapter 23, Article IV(4), Division 14 of the Weld County Code. 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 need to schedule another inspection with you so the Board can see of the operation for their consideration. I typically schedule these inspections either 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. Sincerely, Bethany Salzm Zoning Compliance Officer II File: ZCV10-00113 EC: warran(a�kuminsommers.com chris(a kuminsommers.com U.S. Postal Service.fn m CERTIFIED MAIL. 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WO SF•rm3a I.,dune2r•2 See everael rtnstructi ns hiDe COLORADO DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, 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 September 22, 2010 DORIS CUNNINGHAM JOHN PAUL MOSSER 3967 CREEDMORE LAKES RD 235 WALNUT AV RED FEATHER LAKES, CO 80545 EATON, CO 80615 GEOFFREY MICHAEL CAVALIER TRAVIS PEONIO 611 30TH AV 422 BROADVIEW GREELEY, CO 80634 WINDSOR, CO 80550 Zoning Violation Case: ZCV10-00113 Situs Address: 41450 CR 33 Legal Description: PT NW4 SW4 2-7-66 LOT B REC EXEMPT RE-991(.14R) Dear Doris Cunningham, John Paul Mosser, Geoffrey Michael Cavalier and Travis Peonio: 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 "Agriculture Zone District" Section 23-3-20 "Uses by Right" Section 23-3-30 "Accessory Uses" Chapter 23, Article IV(4), Division 14 "Cultivation, Manufacture, Distribution or Sale of Medical Marijuana or Medical Marijuana Infused Products." Section 23-4-1000 "Prohibition of cultivation, manufacture, distribution or sale of medical marijuana or medical marijuana infused products in any zone district." Section 23-4-1010 "Prohibition of the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana infused products manufacturers' licenses in any zone district." Section 23-4-1020 "Definitions" To bring your property into compliance with the Weld County Code: As we discussed during my on-site inspection on August 30, 2010, since the property is not in compliance with Section 25.5-106, C.R.S. or Section 14 of Article XVIII of the Colorado Constitution, the property is therefore not in compliance with Chapter 23, Article iggig C COLORADO DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, 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 IV(4), Division 14 of the Weld County Code. 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 10/22/2010 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 Sincerely, ethany Salzma Zoning Compliance Officer II File: ZCV10-00113 6 DEPARTMENT OF PLANNING SERVICES Building 1 Compliance Division 15il N 17th AVE, Greeley, CO 80631 Website: wvvw.co.weld.co.us I E-mail Address: pgregorv(thco.weld.co.us Phone: (970) 353-6100, Ext. 3568 C. Fax: (970) 304-6498 COLORADO September 2, 2010 DORIS CUNNINGHAM GEOFFREY MICHAEL CAVALIER 2967 CREEDMORE LAKES RD 611 30 AV RED FEATHER LAKES CO 80545 GREELEY CO 80634 JOHN PAUL MOSSER TRAVIS PEONIO 235 WALNUT AV 422 BROADVIEW EATON CO 80615 WINDSOR CO 80550 Subject: BCV10-00087, Part of the NW4SW4 of Section 2, T7N, R66W of the 6t° P.M., Weld County, Colorado Dear Property Owners: On August 30, 2010, an inspection was completed on the property at 41450 CR 33 to determine what building violations exist in the two structures currently being utilized for, among other things, medical marijuana growing/ processing and miscellaneous storage site. The property is currently in violation of the following codes: Chapter 29, Article III, Section 29-3-10 of the Weld County Code—"Building permit required." Chapter 1. Section 105.1 of the 2006 International Building Code—"Required." To bring the property into compliance: Permit applications and all applicable documentation shall be submitted for both buildings, plan reviews completed, fees paid, the permits 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 fail to correct this violation within 14(fourteen)days from September 2, 2010. Failure to do so could 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. cer-y, Peggy Gregory Building Compliance Officer pc: BCV10-00087 Kenneth Swanson, Building Official Bethany Salzman, Zoning Compliance Officer WUDc COLORADO DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, 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 September 15, 2010 DORIS CUNNINGHAM JOHN PAUL MOSSER 3967 CREEDMORE LAKES RD 235 WALNUT AV RED FEATHER LAKES,CO 80545 EATON, CO 80615 GEOFFREY MICHAEL CAVALIER TRAVIS PEONIO 611 30TH AV 422 BROADVIEW GREELEY, CO 80634 WINDSOR, CO 80550 Zoning Violation Case: ZCV10-00113 Situs Address: 41450 CR 33 Legal Description: PT NW4 SW4 2-7-66 LOT B REC EXEMPT RE-991(.14R) Dear Doris Cunningham, John Paul Mosser, Geoffrey Michael Cavalier and Travis Peonio: 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 discussed during my on-site inspection on August 30, 2010. since the property is not in compliance with Section 25.5-106, C.R.S. or Section 14 of Article XVIII of the Colorado Constitution, the property is therefore not in compliance with Chapter 23. Article IV(4), Division 14 of the Weld County Code. 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, ethany Saizman Zoning Compliance Officer II File: ZCV10-00113 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0021888 Parcel*: 070702000056 Tax Area: 0917 Bordering County: Acres: 3.62 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 07 - 66 -02 - 0 - - Owners Name &Address: Property Address: �� `� CUNNINGHAM DORIS Street: Y��t�'�� ``r �� 3967 CREEDM0RE LAKES RD City:RED FEATHER LAKES, CO 80545 ^l v Business/Complex: r�f`�`�fy"\`0A Sales Summary v /b " Sale Date Sale Price Deed jype Reception # 7/31/2003 $195,000 WD 3091343 Legal Description PT NW4 SW4 2-7-66 LOT B REC EXEMPT RE-991(.14R) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 3.62 Land Subtotal: 3.62 $48,508 $3,860 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 2 Out Building 3 Out Building 4 Out Building Improvements Subtotal: $141,187 $11,240 Total Property Value $189,695 $15,100 Building Details Account#: R0021888 Parcel#: 070702000056 Owners Name&Addre5 Property Address: CUNNINGHAM DORIS Street: 3967 CREEDMORE LAKES RD City: RED FEATHER LAKES, CO 80545 Building# Property Tvne 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1955 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07070... 8/30/2010 Identify Results Page 2 of 2 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1020 # 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#: R0021888 Parcel#: 070702000056 Owners Name &Address: Property_Address: CUNNINGHAM DORIS Street: 3967 CREEDMORE LAKES RD City: RED FEATHER LAKES, CO 80545 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1979 Exterior: HVAC: Package Unit Interior Finish: Built As SQ Ft: 14400 # 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#: R0021888 Parcel#: 070702000056 Owners Name &Address: Property Address: CUNNINGHAM DORIS Street: 3967 CREEDMORE LAKES RD City: RED FEATHER LAKES, CO 80545 Building# Property Type 4 Out Building Individual Built As Detail Built As: Shed - Equipment Year Built: 1981 Exterior: HVAC: Package Unit Interior Finish: Built As SQ Ft: 5926 # 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: http://maps2.merrick.com/W ebsite/Weld/setSq 1.asp?cmd=QUERY&DET=PP&pin=07070... 8/30/2010 343 iiniiiu111 IIIiIniiitiiiiicniiil iicuuiimuii 1 0l 1 R 6110 C 19,66 Steve Muffle Clerk&Recorder WARRANTY DEED ,:.>4I D\ 9 tv03 THIS DEED, Made this 31st day of July , 2003, C-_a beinT-LLC, a Colorado Limited Liability Company �q of the County of Weld and Slate of Colorado • grantor,and Charles Cunningham and Doris Cunningham whose legal address is 3967 Creedmore Lakes Road, Red Feather Lakes, CO 80545 of the County of Weld and State of Colorado ,grantee'. WITNESSETH,That the grantor,for and in consideration of the sum of ONE HUNDRED NINETY FIVE THOUSAND AND NO/100 DOLLARS.($195,000.00 ), the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does want,bargain,sell,convey and confirm 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: Lot B of Recorded Exemption No. 0707-2-3-RE991, recorded April 2, 1987 in Book 1151 as Reception No. 02094335, being part of the Northwest 1/4 of the Southwest 1/4 of Section 2, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado also known by street and number as 41450 Weld County Road 33, Ault, CO 80610 TOGETHER with all and singular the heredimmeots 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 hereditaments 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 ensealing and delivery of these presents.he is well seized of the premises above conveyed, has good,sure, perfect, absolute and indefeasible estate of inheritance, m 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,hens,taxes,assessments, encumbrances and restrictions of whatever kind or nature soever,except for 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 lected in the Title Documents accepted by Buyer in accordance with section ea[Title Review],of the contract dated July 18, 2003 between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises usthe 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 plural,the gland 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, Manager DCL-LL A Colorado Li ted Liabi a y Company\n/ !y: Jivwc Aft— Dennis Schulte, MaYnag r STATE OF COLORADO ) ss. COEN,R'OF 4B,,f.D ) Theloregoinginstnitarialtwas aclnowledged before me this 31st day of July , 2003 by ':DertfLir9ciGlp&e4'Manager of DCL-LLC, A Colorado Limited Ii-ability Conipah$:' n1yCgr�sYonezp es " Witn y d dof rot I. tary Public• . WARRANTY DEED(for PhaogropNe Record)Vaoao,ol File II u'wts019Aa3 eRecorded in Weld Co' `r,CO Doc Id:3492722 07/25/2007 01:28 P Receipt#:7314851 Page: 1 of 1 Total Fee:$6.00 Steve Moreno, Clerk and Recorder • Dktrlct Court,Larimer County,Colorado FILED IN CLERK OF counts 201 LaPorte Avenue JUN 28 2007 LARIMER COUNTY,CO Fort Collins,CO 80521* • JUN 29 2007 .,IN THE MATTER OF THE ESTATE OF: FI« SFIEFILYN K. COURTSAMPSON • ;n ok CLERK of COURT CHARLES WILLIAM CUNNINGHAM,SR.,ALSO KNOWN AS CHARLES W.CUNNINGHAM,SR. * COURT USE ONI Y Case Number D7 PR 0.25 Deceased Division: Courtroom:,g;;13 LETTERS Doris M Cunningham was appointed or qualified by this Court or Its Registrar on cQZ ,O7 (date)as: ❑ Personal Representative. The decedent died on March 26.2006, •These are Letters of Administration. (The decedent did not leave a will.) ❑These are Letters Testamentary. (The decedent left a wiN.) •❑`'Special Administrator in ❑an informal U a tonal proceeding. These are Letters of Special Administration. ❑Conservator. These are Letters of Conservatorship. U The protected person is a minor whose date of birth Is ❑Special Conservator. ❑Guardian. These are Letters of Guardianship for. U an incapacitated person. ❑a minor whose date of birth is U Emergency Guardian (Expires on (date),not more than 60 days after appointment per§15-14-312,C.R.S.) Appointment or qualification is by ❑court order.❑will.❑written instrument These Letters evidence full authority,except for the following limitations or restrictions,We, xMED CO t3, Dated: L ((ieno c77:4 �!)l 1 *8esse 6� o • D •O QQ» etrar ou 2,F�, , oy . o y:.'v c vy y, t�3'1 CERTIFICATION CeNfisettoh SlaSrlp or Certified to be a hue copy of the original in my custody and to be in full force and effect as of: ° _..Mr (Dap I 0gurt cR`(.}sK"R1/03 LETTERS This toms contemns in substance to CPC 17. C',rpocumen s and Sealnos*admr.EFILE'My Documerds1ConverabnWorkOln942 20W0e2d1929010512,doo eRecorded in WI county, CO Doc Id: 3492723 07/25/2007 01:28 P Receipt#: 7314852 Page: 1 of 1 Total Fee: $6.00 Steve Moreno, Clerk and Recorder PERSONAL REPRESENTATIVE'S DEED (INTESTATE ESTATE) THIS DEED is made by Doris M. Cunningham, as Personal Representative of the Estate of Charles William Cunningham, Sr., also known as Charles W. Cunningham, Sr., Grantor, to Doris M. Cunningham, Grantee, whose address is 3967 Creedmore Lakes Road, Red Feather Lakes, Colorado 80545; WHEREAS, Grantor was duly appointed Personal Representative of said estate on June 29, 2007, and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign,transfer and set over unto Grantee as the person entitled to distribution of the property,the:following described real property situate in the County of Weld and State of Colorado: Lot B of Recorded Exemption No. 0707-2-3-RE991, recorded April 2, 1987 in Book 1151 as Reception No. 02094335, being part of the Northwest 1/4 of the Southwest 1/4 of Section 2, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado also known as 41450 Weld County Road 33, Ault, Colorado 80610 With all appurtenances,free and clear of liens d encumbrances. DATED: 7 17-0 , Doris M. Cunningham,Perso Representative of the Estate of Charles William Cunningham, Sr., also known as Charles W. Cunningham, Sr., Deceased STATE OF COLORADO ) ) SS COUNTY OF WELD ) The foregoing instniment was acknowledged before me this i 7 by day of 2007, by Doris M. 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