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HomeMy WebLinkAbout20100354 RESOLUTION RE: ACTION OF THE BOARD CONCERNING THE DECISION OF THE PLANNING DIRECTOR REQUIRING A BUILDING PERMIT FEE AND THE ASSESSMENT OF A ROAD IMPACT FEE - MICHAEL MILLER 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, the Board of County Commissioners has received an appeal from Michael Miller, 2650 64th Avenue, Greeley, Colorado 80634, concerning the decision by the Director of Department of Planning Services to require a Building Permit Fee, in the amount of$437.68, and assess a Road Impact Fee, in the amount of $1,987.00, on the following described real estate, to-wit: Lot B of Corrected Recorded Exemption#2573; being part of Section 9, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, upon consideration of such appeal, including a review of all information submitted by Michael Miller and the Department of Planning Services,the Board deems it advisable to affirm the decision of the Director of Department of Planning Services concerning the Building Permit fee, in the amount of $437.68, and to affirm said appeal and reject the decision of the Planning Director concerning the assessed Road Impact fee, in the amount of$1,987.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the appeal of Michael Miller, be, and hereby is, affirmed, in part, and dismissed, in part. BE IT FURTHER RESOLVED by the Board that the decision by the Director of Department of Planning Services to require a Building Permit Fee, in the amount of$437.68, be, and hereby is, affirmed. BE IT FURTHER RESOLVED by the Board that the decision by the Director of Department of Planning Services to assess a Road Impact Fee, in the amount of$1,987.00, be, and hereby is, rejected. 2010-0354 PL0073 APPEAL CONCERNING DECISION OF PLANNING DIRECTOR - MICHAEL MILLER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of February, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: rw . P„vr � D ugla dema er, Chair(_ Weld County Clerk to the rIoard • .� � U�4"y/IS "L -BY: Ili, A �L arbara Kirkmeyer, Pro-Tem / W A 41 Deputy Clerk to the a ` b ° Sean . Con APP (11 ��� � William F. Garcia my Attorney EXCUSED David E. Long Date of signature: 3////0 2010-0354 PL0073 f[ MEMORANDUM I ` t ' "Tt : Board r of County Commissioners Wi` „Jib M: I �\ , v FRO Trevor Jiricek, Director, Department of Planning Services COLORADO ATE: February 11, 2010 - --- I '' `3&ject: Appeal of Building Permit Fee's Request: In accordance with Section 2-4-10 of the Weld County Code, Mike Miller has appealed the building permit fee (renewal) and road impact fee assessed to the building he has constructed at 14280 WCR 72. The road impact fee is $1,987.00 and the building permit fee is $437.68 for a total of$2,424.68. Recommendation: The Department of Planning Services recommends that the Board of County Commissioners uphold both fee's. The Department is assessing the road impact fee per Section 20-1- 210.D of the Weld County Code (WCC) because Mr. Miller's permit did expire on two different occasions. Section 20-1-210.D states: Any development for which a completed application for a building permit was submitted prior to the effective date of this Weld County Road Impact Fee Ordinance, provided that the construction proceeds according to the provisions of the permit and the permit does not expire prior to the completion of the construction. The building permit fee has been pro-rated to recover only those costs that exist with conducting final inspections. Note: The proration of fee's was conducted in accordance with new Department policy implemented as the result of recent direction from the Board of County Commissioners during the review of Chapter 29 of the WCC. Background: On April 16, 2003, permit number BCN-020622 was issued for a structural steel building to include a shop, garage,and storage area with 2400 square feet for temporary living quarters. The permit fee was$1,796.96($1007.25 permit fee, $98.00 electrical, $654.71 plan check fee, $37.00 construction meter). At this time the fee for road impact was not applied as the policy at this time was that the fee was placed on the principle dwelling and not the temporary. Since this time, Mr. Miller has chosen not to build the principle, changing the use of the living quarters in the building to the principle on the parcel. At the time this permit was issued, the Code allowed for an inspection at least every 180 days which would then extend the expiration date another 180 days from that date. After several letters and telephone calls to encourage inspections,the owner requested an extension and was granted 180-day extension by the Building Official. On January 16, 2008, the permit was finally expired and a violation initiated. On March 11, 2008, Mr. Miller was approved to get a new permit with no fee and a one-year expiration date. The application was processed and the owner was notified the permit was ready to be issued. Mr. Miller was again notified in August, 2008, that the permit was ready to be issued (there is a 180-day plan review expiration). In October, 2008, the permit was issued and mailed to the owner with a letter stating a new septic permit would need to be obtained. It also advised the expiration date was October 1, 2009 and the Homeowner Affidavit and Building Permit Expiration form should be signed and returned to our office within 10 days. To date, a new septic permit has not been issued. On September 3,2009, a reminder letter of the October 1 expiration date was mailed. After no response,the permit was expired and a violation letter was sent on October 7, 2009. On October 23,2009,a certified letter was sent advising the violation case was scheduled with the Board of County Commissioners for November 10, 2009. Mr. Miller advised that he had discontinued construction on the structure and would get a new 2010-0354 Mike Miller February 11, 2010 Page 2 permit when he was able to continue and that he would be unable to attend the violation hearing. Mr. Miller was advised that a new permit would include Road Impact fees. Mr. Miller then indicated that the building was completed and asked if final inspections could be scheduled. Mr. Miller was advised that there was no active permit and a new permit would need to be obtained with all applicable fees in order to final the permit— leading to his request for an appeal to these fee's. Please see the attached chronology of events related to this permit. Michael D and Kimberlea N Miller BCV08-00017 04/16/03 Permit number BCN-020622 issued for a structural steel building to include a shop, garage, and storage area with 2400 square foot temporary living quarters fee$1,796.96 10/08/03 Inspection—setbacks approved corrections on footings/caissons, rebar, underground electric, and permanent meter not ready for rough electric, underground plumbing, rough plumbing, rough heat, and framing 10/27/03 Inspection—underground electric approved 02/12/04 Inspection—underground plumbing approved, underground gas line partially approved 08/30/04 10-day letter to remind owner of permit expiration 09/0 8/04 Inspection—water service not ready per inspector,this inspection does not extend the permit 09/22/04 Phone call to owner—he will be ready for an inspection on Monday or Tuesday. 10/29/04 Phone call from owner—inspection scheduled for 11/03/04 11/03/04 Inspection—water service approved footings/caissons, rebar, rough plumbing, rough heat,and framing not ready 05/04/05 Letter to advise permit is due to expire. 05/09/05 Phone call from owner, he will request an extension. 05/10/05 180-day extension approved per Building Official. 11/10/05 10-day letter advising extension has expired. 11/21/05 Inspection—partial approval on rough electric 04/20/06 Letter to advise of 05/20/06 expiration date. 05/26/06 Inspection— not ready for framing—questions only 05/31/06 Letter advising permit was not extended due to no approval on 05/26/06. 06/07/06 Phone call from owner, he will send engineered letter approving footings and foundation. 06/16/06 Inspection—footings and rebar approved per engineered letter. 11/14/06 Letter to advise of 12/13/06 expiration date. 12/15/06 Inspection—partial approval on framing 05/14/07 Letter to advise of 06/13/07 expiration date. 06/13/07 Phone call from owner, inspection scheduled for 06/20/07. 06/20/07 Inspection rescheduled to 06/27/07. 06/27/07 Inspection rescheduled to 07/02/07. 07/02/07 Inspection rescheduled to 07/06/07. 07/06/07 Inspection-rough electric scheduled—information only. 07/09/07 Inspection—not ready for rough electric 07/16/07 Inspection—rough electric approved 01/16/08 BCN-020622 expired,violation letter issued. 02/06/08 Phone call from owner inquiring about inspections, he was advised a new permit will need to be issued; Assistant Building Official spoke with owner and will determine fees. 03/11/08 Approval by Building Official to issue a new permit; permit information processed 03/26/08 Phone call to owner by front staff, left message that permit is ready, need septic permit approval and Home Owner Affidavit signed—no fee. Page 2 08/27/08 Phone call to owner from front staff advising permit is ready, owner stated he is waiting on the septic. Permit number SP-0200578 has expired, no new septic permit submitted. 10/01/08 Permit number BCR08-00160 issued to complete inspections. Letter stating the Building Official approved the issuance of a new permit and advised the expiration date is 10/01/09 and a new septic permit must be obtained. 12/30/08 Inspection—underground gas line approved 09/03/09 Letter to advise permit will expire on October 1, 2009. 10/07/09 Permit expired, 14-day violation letter issued. 10/23/09 Letter to advise violation is scheduled with the Board of County Commissioners for a violation hearing on 11/10/09. 11/06/09 Received e-mail letter from owner stating he has discontinued work on the project and will obtain a new permit when he is able to continue. He stated he is unable to attend the violation hearing on 11/10/09. 11/06/09 Response to owner advising a new permit fee will include the Road Impact and Capital Expansion fees. Also advised that, if he chooses to permit the structure as a shop/garage only and exclude the living quarters, the appropriate fees will be assessed. 11/6/09 Response from owner that the shop is finished and inquiring if it can be finaled at this time. I responded that there is no active permit so a permit application will need to be submitted. Once the permit is issued and fees paid,we can complete inspections to determine if the building can be finaled or if there are corrections to be completed. 11/10/09 BOCC referred the violation case to the County Attorney's office and delayed action for 30 days. Owner will come into the office to discuss his options on 11/16/09. 11/13/09 E-mail from Trevor Jiricek, Director of Planning, outlining permit fees($4,790.21)and inspections to be completed. 11/20/09 E-mail from owner stating he believes the fees are excessive and he would like to appeal the assessment to the BOCC. 11/23/09 E-mail from Trevor Jiricek to owner advising there are possible fee changes that may affect his permit but the plan review fee and Road Impact Fee will remain the same. 12/01/09 E-mail from Trevor Jiricek to owner stating the revised fee will be$2,424.86. 12/07/09 E-mail from owner stating he would still like to appeal the Road Impact Fee as it was not in effect at the time the first permit was issued. 12/09/09 E-mail from Trevor Jiricek verifying the Road Impact Fee was in effect at the time the permit was issued but the fee was not assessed as the living quarters were to be temporary during construction of the principle dwelling. No single family dwelling has been built so the living quarters are the principle dwelling. 12/11/09 E-mail from owner stating the RIF did not go into effect until 2003 and he was told the fee would not be assessed when the permanent dwelling was built. 12/14/09 E-mail from Trevor Jiricek to owner stating the RIF did not go into effect until 2003 but the revised code requires that, should a permit expire after the implementation of the revised code,the fee will be assessed. 12/23/09 E-mail from Trevor Jiricek to owner, prior to scheduling an appeal hearing,we need to establish that there is adequate basis or rationale to appeal the fees. 01/05/10 E-mail from Trevor Jiricek to owner to respond to 12/23/09 e-mail. Page 3 01/05/10 Response from owner regarding rationale for fee appeal. 01/06/10 E-mail from Trevor Jiricek to Bruce Barker attaching owners response. 01/26/10 E-mail from Trevor Jiricek to owner regarding date to schedule hearing. 01/26/10 Response from owner to schedule at our convenience. 01/29/10 Certified letter mailed to owner to advise the case is scheduled with the Board of County Commissioners on 02/17/10 at 9:00 a.m. 02/01/10 Received signed return receipt Esther Gesick From: Trevor Jiricek Sent: Wednesday, December 23, 2009 9:23 AM To: Esther Gesick Subject: FW: Weld County Building Permit#BCN-020622 Esther, Below is the other email string that we discussed. Please let me know if you think we need anything else. THANKS! Trevor Jiricek Director Department of Planning Services 918 10th Street Greeley,Colorado 80631 Email: tjiricek@co.weld.co.us Office#:970-353-6100, Extension 3550 Fax#:970-304-6498 From: Trevor Jiricek Sent: Thursday, December 17, 2009 9:17 AM To: Wendi Inloes Subject: FW: Weld County Building Permit #BCN-020622 Heres the email with Millers fee's.... Trevor Jiricek Director Department of Planning Services 918 10th Street Greeley,Colorado 80631 Email: tjiricek@co.weld.co.us Office#:970-353-6100, Extension 3550 Fax#:970-304-6498 From: Trevor Jiricek Sent: Tuesday, December 01, 2009 10:26 AM To: Trevor Jiricek; Michael Miller Cc: Peggy Gregory; Kenneth Swanson Subject: RE: Weld County Building Permit #BCN-020622 Mike, I apologize for the delay in getting back to you. We've revised our internal policy for situations like yours. We have re-calculated your fee. It is as follows: Building Permit fee $437.68 (per Department policy) Electrical fee $0 (combined with building permit fee) Capital Expansion fee $0 (will be waived since structure was in place at time of ordinance adoption) Road Impact fee $1,987.00 (see section 20-1-200 and 20-1-210.D.) Plan Review fee $0 (we will not need to re-review your plans) TOTAL = $2,424.68 1 If you'd still like to appeal the fee's please let me know and I'll get it scheduled with the Commissioners. Thanks for your patience. I hope all is well with you! Trevor Jiricek Director Department of Planning Services 918 10th Street Greeley,Colorado 80631 Email: tjiricek@co.weld.co.us Office#:970-353-6100, Extension 3550 Fax it:970-304-6498 From: Trevor Jiricek Sent: Monday, November 23, 2009 5:33 PM To: 'Michael Miller' Cc: Peggy Gregory; Kenneth Swanson Subject: RE: Weld County Building Permit #BCN-020622 Mike, We're in the process of revising our code and policy to address situations like yours. We actually met with the Commissioners today to discuss code changes relevant to your situation. Give us a day or two to settle on new code language and then we'll re-calculate your fee based upon the direction we rec'd from the Commissioners today and I'll get back to you. Your building permit fee should be reduced but unfortunately the plan review and road impact fee will remain the same. Anyway, I'll get back to you in a day or two.... Trevor Jiricek Director Department of Planning Services 918 10th Street Greeley,Colorado 80631 Email: tjiricek@co.weld.co.us Office#:970-353-6100, Extension 3550 Fax#:970-304-6498 From: Michael Miller [mailto:mdmillerman@msn.com] Sent: Thursday, November 19, 2009 10:03 PM To: Trevor Jiricek Subject: RE: Weld County Building Permit #BCN-020622 Trevor, Thank you for the information. I think that this assessment of fees is excessive and would like to appeal this assessment to the BOCC. Please advise me as to the procedure to start that process. Thank you for your help. Mike Miller From: tjiricek@co.weld.co.us To: mdmillerman@msn.com CC: winloes@co.weld.co.us; pgregory@co.weld.co.us; rvigil@co.weld.co.us 2 Date: Fri, 13 Nov 2009 15:00:16 -0700 Subject: Weld County Building Permit #BCN-020622 Mike, Per our discussion, I've summarized below the fee's that would be required to move forward with your building permit along with the Weld County Code citations outlining our obligation to charge the fee's. I've also attached the time line and a list of the inspections that must be completed to final this permit. Fee information: The fee's for a new permit for the 60 X 110 structural steel building to include a shop, garage, and storage area plus 2400 square feet for living quarters will be $4,790.21. The fee's are broken down as follows: Building Permit fee $1,512.25 (see section 29-8-45.A. and B.) Electrical fee $308.00 (see section 29-8-45. and 29-5-10) Capital Expansion fee $575.00 (will be waived since structure was in place at time of ordinance adoption) Road Impact fee $1,987.00 (see section 20-1-200 and 20-1-210.D.) Plan Review fee $982.96 (see 29-3-230 - plan would need to be re-reviewed as two more versions of the code have been implemented) Just so we're on the same page, our records indicate that the following inspections still need to be conducted: Framing, gas test, rough plumbing, rough heat, final electric, final plumbing, final heat, final approval and Certificate of Occupancy for the living quarters. As you are aware, resolution needs to be concluded on this property to address the current building code violation. Please let me know if I can be of further assistance. Trevor Jiricek Director Department of Planning Services 918 10th Street Greeley, Colorado 80631 Email: tjiricek@co.weld.co.us Office #: 970-353-6100, Extension 3550 Fax #: 970-304-6498 Windows 7: I wanted simpler, now it's simpler. I'm a rock star. 3 Esther Gesick From: Wendi Inloes Sent: Tuesday, December 22, 2009 4:26 PM To: Esther Gesick Subject: FW: building permit From: Trevor Jiricek Sent: Tuesday, December 08, 2009 8:55 AM To: Michael Miller Cc: Peggy Gregory; Wendi Inloes Subject: RE: building permit Mike, You're correct in that the road impact fee wasn't in place at the time you originally obtained the building permit. Unfortunately, the revised Weld County Code requires that should a building permit expire after the implementation date of the revised code,and be renewed,that the fee be assessed. At any rate,we need to nail down a date to get you scheduled for the appeal. I know you're back and forth to Wyoming so what will work for you? The Board meets on Mondays and Wednesdays. Do any of the following dates work for you in December: December 16, 21, 23, 28, 30. Look forward to hearing from you. Hope all is well! Trevor Jiricek Director Department of Planning Services 918 10th Street Greeley,Colorado 80631 Email: tiiricek@co.weld.co.us Office if:970-353-6100, Extension 3550 Fax it 970-304-6498 From: Michael Miller [mailto:mdmillerman@msn.com] Sent: Monday, December 07, 2009 11:31 AM To: Trevor Jiricek Subject: RE: building permit Trevor, I did receive your e-mail and the new fees are a great improvement. I would still like to appeal the road impact fee since it was not in effect at the time of the first permit and I don't think that the code at that time required it be paid if the permit expired. Thanks for your help in this matter and please let me know how to proceed. Thanks, Mike From: tjiricek@co.weld.co.us To: mdmillerman@msn.com Date: Sat, 5 Dec 2009 10:13:21 -0700 Subject: building permit 1 Mike, Just checking in to see if you rec'd my last email and if you'd still like to appeal the fee's....THANKS! Trevor Jiricek Director Department of Planning Services 918 10th Street Greeley, Colorado 80631 Email: tiiricekftco.weld.co.us Office #: 970-353-6100, Extension 3550 Fax #: 970-304-6498 Get gifts for them and cashback for you. Try Bing now. 2 Serif: Tuesday,January 05, 2010 8:30 PM To: Trevor Jiricek Subject: RE: Weld County Building Permit#BCN-020622 Trevor, Thanks for your help in resolving this matter. I do have some concerns regarding how it is being handled. I received an e-mail from Peggy Gregory on November 6, 2009 stating that staff would accept my letter explaining my intentions regarding this permit and that the matter would be referred back to the planning department and also that I need not appear at the meeting on November 10th. I then receive a letter stating that despite all attempts to resolve the matter by planning staff the matter had not been corrected and since I was not at the meeting that it was being referred to the county attorney for legal action.This is not acceptable and in direct conflict with what I was told. I am a bit confused about which direction to go in this case and do not appreciate being told one thing and then having the department do another. Regardless I will outline my reasoning behind the appeal. * There is no justification for additional fees for another new building permit. Nothing has changed in the building plan and there would be no additional costs to the county for renewal of the permit. There will be no additional inspections nor any plan review necessary. If there were to be additional costs involved those costs should be passed directly on to me on a per item basis but to just throw out an arbitrary number or to demand a complete new permit fee is not justified by cost to the county unless the county is changing to a for profit entity. This permit should be administered under the code in place at the time of issuance not current code. * The road impact fee should not be charged in this case because it was not in place at the time of issuance of the permit. There was nothing in the code to allow for this at the time the permit was issued therefor it should not be applied to this case. To apply code created after the time the permit was issued is unfair and unreasonable and a direct contradiction of the Constitution of the United States. * My problems in completing this work were not because of things under my control. Shortly after issuance of this permit I underwent the first of seven surgeries resulting from an auto accident. I had no idea that I would be disabled for over six years from this accident and was only released to return to work in July of 2009. I tried to complete what I could of the project despite my injuries and got quite a bit done but I was unable to get finished. Because my health insurance company dropped me 4 months after my accident I lost over $400,000 out of my retirement and many of my assets during this period of disability. Because of this I was unable to hire the remaining work done due to the cost. I am now able to continue work towards completion of the project which will require approximately $25,000 to complete. To have to pay an additional $2,500 in permit fees which the county is unable to justify is an undue hardship. I would like to finish this home and move to the farm but it will require cooperation and common sense from all involved to get that done. This type of code revision flys in the face of property owners rights and the right of a landowner to build his own home over time as he can afford it. By limiting the amount of time a person can have an active permit you are forcing people to finance their homes and pay outrageous interest and fees together with having to hire builders and contractors to complete their homes in a prescribed time frame. Not everyone wants to hire a builder and not everyone wants to borrow money to build their home. There should be provisions in the code to allow this. When I was on the Planning Commission we were presented with similar revisions. When I asked for justification for the increased fees and limited time frames all I was told was that there were additional costs to the county for having a permit open for an extended time.When asked for details of these costs none were available. I believe that there are no additional hard costs,just a minor inconvenience to the department. If there are verifiable costs to keep a permit open then charge those costs as incurred. To do any different is simply a tax increase disguised as a fee. Thank you for your time in considering this matter. I look forward to finishing the project,and to creating a building code that works for the people of the county, not builders and bankers. Michael Miller 2 f Peggy Gregory From: Peggy Gregory Sent: Friday, November 06, 2009 3:09 PM To: 'Michael Miller' Cc: Trevor Jiricek; Wendi Inloes Subject: RE: BCV08-00017 There is no active permit at this time. You will need to come into the office and complete a permit application for the intended use and submit the required information. Once the permit is processed,fees paid, and the permit issued, inspections can be scheduled to determine if the building can be finaled or if there are corrections. Based on the valuation of the permit, there will be a specific expiration date which should allow you time to make corrections if needed. We have a copy of the original building plans in our office. The plans examiner will be able to determine what changes need to be made to exclude the living quarters or if you will need to submit new plans. ----Original Message---- From: Michael Miller[mailto:mdmillerman@msn.comj Sent: Friday, November 06, 2009 2:52 PM To: Peggy Gregory Subject Re: BCV08-00017 Peggy. The shop is finished. Could that permit be finaled at this time? Sent via BlackBerry by AT&T —Original Message— From: Peggy Gregory <pgregory@co.weld.co.us> Date: Fri, 6 Nov 2009 21:10:19 To: <mdmillerman@msn.com> Subject: RE: BCV08-00017 Mike Staff will accept your letter regarding expired permit numberBCR08-00160 for a structural steel building with living quarters. Case number BCV08-00017 will be referred back to the Planning Department. When you are able to obtain financing and submit a permit to continue the project,the Road Impact Fee and Capital Expansion Fee will be assessed along with all other required permit fees for the living quarters in the barn. If you opt to complete the building without living quarters at that time, a permit for the building as a shop, garage, and storage area only may be submitted and the appropriate fees will be assessed. Please let me know if you have any questions. --Original Message---- From: Michael Miller[mailto:mdmillerman@msn.com <mailto:mdmillerman@msn.com>] Sent Friday, November 06, 2009 12:25 PM To: Peggy Gregory Subject: BCV08-00017 Peggy, I have attached a letter explaining my intentions regarding this permit. If it is not sufficient please let me know what I need to do to get it right. 970-381-0325 Thank you. Later, Mike Bing brings you maps, menus, and reviews organized in one place.Try it now. <http://console.mxlogic.com/redir/?LTd7bzwVdYSOOC ssUCr0149g8YLBfSdvp8mezZ9WT7oiEQXmaFMSbzgM 2MIQISgfeOkaxsr18w4CHh iwid0c2hkr5NEo1om5gHmSDyETGR1LUdvEb- 1 Michael Miller Telephone 970-330-6351 Fax 970-797-1374 2650 64th Ave. Greeley, CO 80634 Weld County Planning Department 11-6-2009 Peggy Gregory 918 10th St. Greeley, CO 80631 Peggy, This letter is in response to our conversation on 11-2-2009 regarding my expired building permit# BCV08-00017. I am unable to attend the scheduled hearing for 11-10- 2009 at 10:00 AM. I am discontinuing work on the project while I attempt to secure alternative financing for completion of the project. At that time I will purchase a new permit to complete the project. I hope this is sufficient to postpone action on this violation. If not please reschedule the hearing and I will address those issues at the hearing. Thank you for your time. Michael Miller Hello