HomeMy WebLinkAbout20102083.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING ZCV #1000085 AGAINST HUGHES
LLC/SELLERS 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, Hughes, LLC, c/o Bing Sellers, ZCV #1000085, 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 14th day of September, 2010, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Hughes, LLC, property owner, was represented by Bing Sellers at said
hearing, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said
violation to the Weld County Attorney's Office for legal action, with an instruction for delay of
action upon such referral until October 14, 2010, to allow adequate time for the property owner
to work with Planning staff regarding the remodeling requirements of the mobile homes on the
property, and for an inspection of the property by the Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that ZCV #1000085 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Hughes, LLC/Sellers 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,
with an instruction for delay of action upon such referral until October 14, 2010, to allow
adequate time for the property owner to work with Planning staff regarding the remodeling
requirements of the mobile homes on the property, and for an inspection of the property by the
Department of Planning Services staff.
2010-2083
1l-_ I VIOL PL0824
I )'11 - 10
VIOLATIONS - BCV#1000083- HUGHES LLC/SELLERS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of September, A.D., 2010.
- : , ..BOARD OF COUNTY COMMISSIONERS
D COUNTY COLORADO
ATTEST: •, ,.a ` Tj J ,e � �rir�.1I.,L.✓'
y'` ' (Dobgla85Radema her, Chair
Weld County Clerk to th k yr.'tC ; .2 EXCUSED
IBarbara Kirkmeyer, Pro-Tem
BY: f
Deputy Clerk to the Boa `,1 EXCUSED
Sean P. nway
APP RM: � �
William F. Garcia
ounty Attorney k i R C L
David E. Long f
Date of signature: 9/,2
2010-2083
PL0824
# stati;
COLORADO
Planning Department
ZONING VIOLATION CASE SUMMARY
Violation Number: ZCV10-00085 Compliance Officer: Bethany Salzman
PRIMARY OWNER: Situs Address: 7175 CR 21
HUGHES LLC
Mailing Address: 3879 E 120TH #345
THORNTON, CO 80233
Phone: 303-523-3399
PARCEL:
131126300041-R6775917 Acreage: 43.89
Legal Description: PT S2SW4 26-2-67 LOT B REC EXEMPT RE-4823
LOCATION:
Location: East of and adjacent to CR 21 and approximately 1/2 a mile North of CR 14.5
North: Agriculturally Zoned properties
South: Agriculturally Zoned properties and approximately 1 1/2 miles North of Hwy 52
East: Agriculturally Zoned properties and approximately 1 1/2 miles West of Fort Lupton municipal
boundaries
West: Agriculturally Zoned properties and approximately 2 1/2 miles East of the municipal boundaries of
Frederick and Firestone
NOTIFICATION INFORMATION:
Certified Date 08/23/2010
Certified Reference Number 7008 3230 0000 0473 4063
Certified Receipt Date 08/24/2010
VIOLATION DESCRIPTION:
Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.K Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory STRUCTURE
in the A (Agricultural) Zone District may be permitted for storage of goods inside the unit. A cargo container used
for storage shall require the issuance of building permits. The following conditions shall apply:23-3-30.K.1
Electricity is the only utility which will be connected to the cargo container used for storage.
23-3-30.K.2 The cargo container used for storage will not be used on any basis as a DWELLING or as overnight
or temporary housing for any person.
23-3-30.K.3 The property upon which the cargo container is to be located must be a LEGAL LOT.
23-3-30.K.4 The applicant shall not remove any structural component of the cargo container used for storage
making it unmovable.
23-3-30.K.5 A cargo container used for storage shall not be allowed to fall into a state of disrepair. Such disrepair
may include a cargo container that is partially or totally damaged by fire, earthquake, wind or other natural
causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance,
vandalism or infestation with vermin or rodents. Any such cargo container used for storage shall be restored to,
and maintained in, the original condition it was in at the time it was placed on the site as established by the
2010-2083
WoDc.
COLORADO
Planning Department
ZONING VIOLATION CASE SUMMARY
original inspection by the Department of Building Inspection, or it shall be removed from site.
23-3-30.K.6 A cargo container used for storage shall be removed from the property upon cessation of the USE.
23-3-30.K.7 The cargo container may not be used in any manner to display a sign.
23-3-30.L Up to two (2) semi-trailers may be used for accessory storage on agricultural parcels not in an
approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District. (One [1] semi-trailer used as accessory
storage on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to
the adoption of any regulations controlling subdivisions in the A(Agricultural) Zone District may be permitted
according to the procedure and requirements outlined in Section 23-4-165 of this Chapter for the purpose of
storing goods inside the unit.)
23-3-40 Uses by special review
23-3-40.0 More than one (1) semi-trailer, when used as a personal storage unit, on lots in an approved or
recorded subdivision plat or LOTS which are part of a map or plan filed prior to the adoption of any regulations
controlling subdivisions; and more than two (2) semi-trailers on agricultural parcels not in an approved or recorded
subdivision plat of LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District.
1. The applicant shall adhere to the zoning permit requirements of Section 23-4-165 of this Code.
23-3-40.AA More than one (1) cargo container per legal lot or parcel.
VIOLATION REMEDY:
The utilization of mobile homes as storage units is not an acceptable use listed under the Use by Special
Review options in the Agricultural Zone District. Therefore the mobile homes shall be removed from the
property.
Please feel free to call Monday- Friday from 7:30 -4:30 to speak to one of our on-call Planners at
970-353-6100, Ext. 3540. They are also available for walk-in visits during the same hours. To better assist you,
please show this letter to the Planner.
RECOMMENDATION:
The Department of Planning Services recommends this case be forwarded to the County
Attorney's Office for immediate legal action.
WORKFLOW SUMMARY:
Case Initiation 06/28/2010 Initiated
Violation 06/28/2010 5 Day Letter
Violation 07/07/2010 Violation Notice
Violation 08/20/2010 Hearing Notification
OTHER CASE HISTORY:
06/29/2010 Office visit Bing Sellers came to the Greeley Planning Office. Michelle Martin
came up front with me to discuss the violation case. He advised that
the mobile homes were no longer mobile homes. He indicated they
have been completely gutted and are now construction
trailers/mobile storage units (so he can put his tools and supplies
inside and move the units around). Michelle and I advised him that
#4,ike
are
COLORADO
Planning Department
ZONING VIOLATION CASE SUMMARY
our code very specifically addresses mobile homes and it says
basically once a mobile home always a mobile home (no
conversions). Michelle advised him that she was going to ask the
other planners if he was eligible to apply for a USR for this type of
use. We also discussed that he could instead have up to 2 (two)
cargo containers (no zoning permits, but would need building
permits). We also discussed he could have up to 2 (two) semi
trailers as storage units without any zoning or building permits. If he
wanted more than the 2 cargo containers and/or semi trailers stored
on this property he could apply for a Use by Special Review (USR).
He asked if he could view this on-line so he could better educate
himself. Michelle advised him of our website. We then briefly
discussed the possibility of him installing an office trailer. Michelle
Martin gave him the ZPMH application (and advised him he would
need a building permit as well). I advised him that he would be
receiving my letter today or tomorrow and I just didn't want it to come
as a shock when he got it. Mr. Sellers left.
07/02/2010 Staff meeting Present at the staff meeting were: Kim Ogle, Chris Gathman,
Michelle Martin, Trevor Jiricek, Tom Parkos, Wendi Inloes and
Bethany Salzman.
Staff determined that the utilization of mobile homes (even though
gutted) as storage units was not eligible for permitting through the
Use by Special Review (USR) process.
07/14/2010 E-mail received From: Peggy Gregory
Sent: Wednesday, July 14, 2010 11:44 AM
To: Bethany Salzman
Subject: Hughes LLC
The address for Hughes LLC is 7175 CR 21
Peggy Gregory
Building Compliance Officer
Weld County Building Department
(970) 353-6100 Ext. 3568
INSPECTION SUMMARY:
Zoning Inspection 06/28/2010 Noncompliance Dennis Renley
Inspection Result Comment Upon a visual inspection conducted by Dennis Renley (Building Inspector), 3+
mobile homes, miscellaneous debris, commercial vehicles all present. See
pictures dated 06/28/10 - taken by Dennis Renley
DEPARTMEN, JF PLANNING SERVICES
rat t4 Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
• E-MAIL: bsalzman@co.weld.co.us
970-353-6100 X 3555
FAX: 970-304-6498
COLORADO
August 23, 2010
HUGHES LLC
3879 E 120TH #345
THORNTON, CO 80233
Zoning Violation Case: ZCV10-00085
Situs Address: 7175 CR 21
Legal Description: PT S2SW4 26-2-67 LOT B REC EXEMPT RE-4823
Dear Hughes Lc:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on
09/14/2010 at 610:00 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 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this
Chapter.
23-3-30.L Up to two (2) semi-trailers may be used for accessory storage on agricultural
parcels not in an approved or recorded subdivision plat, or LOTS which are part of a map or
plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District. (One [1] semi-trailer used as accessory storage on lots in an approved or
recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of
any regulations controlling subdivisions in the A (Agricultural) Zone District may be permitted
according to the procedure and requirements outlined in Section 23-4-165 of this Chapter for
the purpose of storing goods inside the unit.)
23-3-40 Uses by special review
23-3-40.0 More than one (1) semi-trailer, when used as a personal storage unit, on lots in an
approved or recorded subdivision plat or LOTS which are part of a map or plan filed prior to the
adoption of any regulations controlling subdivisions; and more than two (2) semi-trailers on
agricultural parcels not in an approved or recorded subdivision plat of LOTS which are part of a
map or plan filed prior to the adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
1. The applicant shall adhere to the zoning permit requirements of Section 23-4-165 of this
Code.
Chapter 23, Article IV(4), Division 3 Mobile Homes and Manufactured Structures
23-4-130 No mobile home/manufactured structure may be located or relocated in the County
after August 25, 1981, except in accordance with this Division, including the issuance of any
zoning permit which may be required by this Section. Each mobile home/manufactured
structure located or relocated in the County after said date must have a
Page 1 of 3
Report ID: CODE000023v002 Print Date-Time: 8/20/2010 3:09:24PM
DEPARTMEN. JF PLANNING SERVICES
(eit(ftl1 Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
"Flip • E-MAIL: bsalzman@co.weld.co.us
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
COLORADO
building permit for a mobile home/manufactured structured issued pursuant to Chapter 29 of
this Code. An application for any zoning or building permit for a mobile home/manufactured
structure required by this Division shall include the following.
DERELICT MANUFACTURED (MOBILE) HOME: A MANUFACTURED (MOBILE) HOME that
is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state
of general dilapidation, deterioration or decay resulting from improper lack of maintenance,
vandalism or infestation with vermin or rodents. Any such DERELICT MANUFACTURED
(MOBILE) HOME shall be returned to and maintained in the condition as originally established
on site and as inspected by the Building Inspection Department, or it shall be removed from
site.
MOBILE HOME: A transportable STRUCTURE which as originally built exceeds either eight (8)
feet in width or thirty-two (32) feet in length, was originally built on a chassis and was originally
designed to be used as a year-round DWELLING UNIT with or without a permanent
foundation. A SINGLE-FAMILY DWELLING which is certified pursuant to the "National
Manufactured Housing Construction and Safety Standards Act of 1974,"42 U.S.C. 5401, et
seq., as amended, but does not meet all of the other provisions of the definition of
MANUFACTURED HOME, is considered to be a MOBILE HOME. A MOBILE HOME or
MANUFACTURED HOME shall not be converted to any USE other than a SINGLE-FAMILY
DWELLING and shall not be allowed to deteriorate to the condition of a DERELICT MOBILE
HOME. A MOBILE HOME or manufactured home, converted or in its original condition, shall
not be used as an AGRICULTURALLY EXEMPT BUILDING or as a TEMPORARY
STRUCTURE for storage.
To bring your property into compliance with the Weld County Code:
The utilization of mobile homes as storage units is not an acceptable use listed under the Use
by Special Review options in the Agricultural Zone District. Therefore the mobile homes
shall be removed from the property.
Please feel free to call Monday- Friday from 7:30 -4:30 to speak to one of our on-call
Planners at 970-353-6100, Ext. 3540. They are also available for walk-in visits during the
same hours. To better assist you, please show this letter to the Planner.
Page 2 of 3
Report ID: CODE000023v002 Print Date-Time: 8/20/2010 3:09.24PM
DEPARTMEN, JF PLANNING SERVICES
a c(7 fThilo Zoning Compliance Division
1555 North 1 Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
FAO 970-304-6498
100 X 3555
C WIlD5
COLORADO
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 be taking video and/or pictures from the road or adjacent properties the
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.
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Bethany Salzma tp ?, Din di ° e m
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Page 3 of 3
Report ID: CODE000023v002 Print Date-Time: 8/20/2010 3:09:24PM
ZUJ O-CMS
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
1555 N 17th AVE, Greeley, CO 80631
Website: www.co.weld.co.us
I E-mail Address: pdredory(a�co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
July 14, 2010
BING SELLERS
HUGHES LLC
3879 E 120 ST#345
THORNTON CO 80233
Subject: BCV10-00083, Part of the S2SW4 of Section 26, T2N, R67W of the 6th P.M., Weld County, Colorado
Dear Mr. Sellers:
On June 28, 2010, you were issued a "Stop Work Order" and advised to stop all activity on the above noted property
until appropriate building permits were obtained. To date no permit applications have been submitted for the
installation of utilities and any structures that will be allowed to remain on site as you were advised by the Zoning
Compliance Officer and the property remains in violation the following Section of the Weld County Code:
Section 29-3-10"Building permit required."
Section 29-5-10"Electrical permit required.
Section 29-11-20 "Stop orders."
To bring your property into compliance with the Weld County Code:
Permit applications and all applicable documentation shall be submitted for all utilities being
installed or already installed and any structures that are determined by Planning Staff to be
allowed to remain on the property, 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 10 (ten)days from July 14, 2010. 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.
incer>y,
Peggy Gregory
Building Compliance Officer
pc: BCV10-00083
ZCV10-00085
DEPARTMEN. JF PLANNING SERVICES
(fit(\fil Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
+ E-MAIL: bsalzman@co.weld.co.us
PHONE:FAX: 970-304-6 970-353-6100 X 3555
8
COLORADO
July 07, 2010
HUGHES LLC
3879 E 120TH 4345
THORNTON, CO 80233
Zoning Violation Case: ZCV10-00085
Legal Description: PT S2SW4 26-2-67 LOT B REC EXEMPT RE-4823
Situs Address: 0 CR 21
Dear Hughes Llc.
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 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.K Cargo container as Accessory STRUCTURE. One (1) cargo container as an
Accessory STRUCTURE in the A (Agricultural) Zone District may be permitted for storage of
goods inside the unit. A cargo container used for storage shall require the issuance of building
permits. The following conditions shall apply:23-3-30.K.1 Electricity is the only utility which will
be connected to the cargo container used for storage.
23-3-30.K.2 The cargo container used for storage will not be used on any basis as a
DWELLING or as overnight or temporary housing for any person.
23-3-30.K.3 The property upon which the cargo container is to be located must be a LEGAL
LOT.
23-3-30.K.4 The applicant shall not remove any structural component of the cargo container
used for storage making it unmovable.
23-3-30.K.5 A cargo container used for storage shall not be allowed to fall into a state of
disrepair. Such disrepair may include a cargo container that is partially or totally damaged by
fire, earthquake, wind or other natural causes, or is in a state of general dilapidation,
deterioration or decay resulting from a lack of maintenance, vandalism or infestation with
vermin or rodents. Any such cargo container used for storage shall be restored to, and
maintained in, the original condition it was in at the time it was placed on the site as
established by the original inspection by the Department of Building Inspection, or it shall be
removed from site.
23-3-30.K.6 A cargo container used for storage shall be removed from the property upon
cessation of the USE.
23-3-30.K.7 The cargo container may not be used in any manner to display a sign.
23-3-30.L Up to two (2) semi-trailers may be used for accessory storage on agricultural
parcels not in an approved or recorded subdivision plat, or LOTS which are part of a map or
plan filed prior to the adoption of any regulations controlling subdivisions in the A
Page 1 of 3
Report ID: CODE000021v002 Print Date-Time: 7/7/2010 8:28:02AM
DEPARTMEN. JF PLANNING SERVICES
t Zoning Compliance Division it/i(tof1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
imp i E-MAIL: bsalzman@co.weld.co.us
FAX:O 970-353-6100 X 3555
970-304 6498
COLORADO
(Agricultural) Zone District. (One [1] semi-trailer used as accessory storage on lots in an
approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to
the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District may
be permitted according to the procedure and requirements outlined in Section 23-4-165 of this
Chapter for the purpose of storing goods inside the unit.)
23-3-40 Uses by special review
23-3-40.0 More than one (1) semi-trailer, when used as a personal storage unit, on lots in an
approved or recorded subdivision plat or LOTS which are part of a map or plan filed prior to the
adoption of any regulations controlling subdivisions; and more than two (2) semi-trailers on
agricultural parcels not in an approved or recorded subdivision plat of LOTS which are part of a
map or plan filed prior to the adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
1. The applicant shall adhere to the zoning permit requirements of Section 23-4-165 of this
Code.
23-3-40.AA More than one (1) cargo container per legal lot or parcel.
To bring your property into compliance with the Weld County Code:
The utilization of mobile homes as storage units is not an acceptable use listed under the Use
by Special Review options in the Agricultural Zone District. Therefore the mobile homes
shall be removed from the property.
As we discussed during your office visit, in the Agricultural Zone District, 2 (two) Cargo
Containers (would need building permits) would be an allowed use without any zoning
permits. More than 2 (two)would require a Use by Special Review permit. Additionally 2
(two) semi trailers as storage units would be an allowed use without any zoning permits (they
must remain mobile-wheels and/or axels could not be removed). More than 2 (two) semi
trailers would require a Use by Special Review permit.
Please feel free to call Monday- Friday from 7:30 -4:30 to speak to one of our on-call
Planners at 970-353-6100, Ext. 3540. They are also available for walk-in visits during the
same hours. To better assist you, please show this letter to the Planner.
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
08/06/2010
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
Page 2 of 3
Report ID: CODE000021v002 Pnnt Date-Time' 7/7/2010 8:28:02AM
DEPARTMEN JF PLANNING SERVICES
rirtft ,
s Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
•
FAX:PHONE: 970-353-6100 X 3555
970-304 6 98
COLORADO
Sincerely,
•
Bethany Salzman
Zoning Compliance Officer II
File: ZCV10-00085
Page 3 of 3
Report ID: CODE000021v002 Print Date-Time: 7/7/2010 8:28:02AM
DEPARTMEN. ..)F PLANNING SERVICES
(is fit t Zoning Compliance Division
1555 North 17th Avenue
Gre
eley, Colorado 80631
WEBSITE: www.co.weld.co.us
C. E-MAIL: bsalzman@co.weld.co.
PHONE:
9E0-304 6 98100 X 3555
FAX:
COLORADO
June 28, 2010
HUGHES LLC
3879 E 120TH #345
THORNTON, CO 80233
Zoning Violation Case: ZCV10-00085
Situs Address: 0 CR 21
Legal Description: PT S2SW4 26-2-67 LOT B REC EXEMPT RE-4823
Dear Hughes tic:
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:
The presence of multiple mobile homes, commercial vehicles and miscellaneous debris is not
an allowed use without the appropriate Weld County Zoning Permits. In any case, the first
step in this process is a Pre-Application Request meeting. This step is completely free, but
does require submittal of a short application. Please see the enclosed application; however,
please also feel free to visit the following web address:
http://www.co.weld.co.us/redesign/assets/9A9dc6d8207C1 D3D7c30.pdf
This web address will take you to the Pre-Application Review Request link; otherwise go to:
www.co.weld.co.us At the top of the page,just under the Weld County logo, Click on
Departments, go to Planning &Zoning (click on this link) Then click on the Planning
Department link on the left hand side of the page. Then click on Land Use Applications link
that pops up next to Planning Department. Please scroll down to the Pre-Application Request
link.
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.
Page 1 of 2
Report ID: CODE000022v002 Print Date-Time: 6/28/2010 12:47:48PM
tri.;NsDEPARTMEN,ZoningCompl JFiance PLANNINGDivision SERVICES
", 1 ee No 1 Avenue
Greeley, 80631
WEBSITE: www.co.weld.co.us
"g
ig
' E-MAIL: bsalzman@co.weld.co.
C FAX 970-353-6100 X 3555
970 304-6498
COLORADO
Sincerely,
Bethany Salzma
Zoning Compliance Officer II
File: ZCV10-00085
Page 2 of 2
Report ID: CODE000022v002 Print Date-Time: 6/28/2010 12:47:48PM
Print Form Submit by Email
WELD COUNTY
PRE-APPLICATION REVIEW REQUEST
• The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required
prior to beginning the application process; however, this review is not an application.
• Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and
and Environment. Pre-Application reviews are held Thursday and Friday of any given week in the Greeley office.
To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to
the review date, and shall include at a minimum, a description of the property including surrounding lands and land
uses, property owners name and contact information, a brief narrative and a map delineating the property location,
in addition to the other items listed.
• The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us
Please print a copy of the Assessor's page and submit it with your pre-application review request.
• Mail,fax or drop off the request and required checklist items to the address listed below, a minimum of one week
prior to your preferred meeting date.
• Submitting your request in a timely manner is important to get your project scheduled for review.
Contact Information:
5Name:'
Phone: Fax:
Email: •
Address:
Project Description:
Property information:
Section-Township- Zoning
Range •
Parcel Number Acreage
Site Address Water Source
Legal Description , Sewer'
Owner Name /� �y��
Is this property currently in violation? �q'Yes (— No Case Number 2.L)i (Q--(LASS
r`Preferred date and time for meeting(
Office Use Only
Project Title:
Description:
Review Date: Meeting Date/Time:
Weld County Department of Planning Services
918 10th Street, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
WELD COUNTY
PLEASE PROVIDE THE FOLLOWING ITEMS:
To view the Weld County Code, please go to www.co.weld.co.us,
I-FOR (SPR) SITE PLAN REVIEWS:
7 Brief project narrative explaining request
❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access
❑ Existing contours and proposed grades
❑ Conceptual drainage
❑ Conceptual building elevations
❑ Conceptual landscape plan
Fr0R.;(USR),USE BY SPECIAL REVIEWS:
iief.prodectnarratroe texplainingrequest,
Onceptual site plan showing all structures,`parking, nearby roads, and driveway access
Existing contours and proposed grades
❑ Conceptual drainage
y ❑ Conceptual landscape plan
FOR (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ):
❑ Brief project narrative explaining request
❑ Exhibit showing desired changes to be made
5 Location map showing property, surrounding area and adjacent uses
❑ Conceptual zoning map showing current and proposed zoning
❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access
❑ Existing contours and proposed grades
5 Conceptual drainage
H Conceptual landscape plan
Weld County Department of Planning Services
918 10th Street, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
Identify Results Page 1 of 1
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R6775917 Parcel#: 131126300041
Tax Area: 2234 Bordering County: 7�' e
Acres: 44.98 2O t� J 2
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
02 - 67 - 26 - 3 - -
Owners Name &Address: Property Address:
HUGHES LLC Street:
3879 E 120TH STREET NO. 345 City:
THORNTON, CO 80233
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
11/20/2009 $125,000 WD 3661418
Legal Description
PT 52SW4 26-2-67 LOT B REC EXEMPT RE-4823
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Agricultural 4137 Acres 4.311
Agricultural 4137 Acres 29.256
Agricultural 4137 Acres 4.853
Agricultural 4167 Acres 6.56
Land Subtotal: 44.98 $2,454 $710
No Buildings on Parcel
http://maps2.merrick,com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13112... 6/28/2010
Bethany Salzman
From: webmaster@co.weld.co.us
Sent: Saturday, June 26, 2010 3:36 PM
To: Bethany Salzman; asiron@co.weld.co.us
Cc: Wendi Inloes
Subject: Online Code Complaint
Online Complaint submitted June 26. 2010
Name of Complainant: Deputy Robert Dye
Address of Complainant: 1950 o st
Email Address: rdye@weldsheriff.com
Complainant Phone: 9703564015
Address of Alleged Violation: 900 feet north of 7012 cr 21
Nature of the Alleged Violation: The resident at 7012 cr 21 called to report that someone has moved some
modular homes onto the property north of the reporting party. they have trenched the reporting party's property
to run water and electric to the property north of the reporting party's property. they did not have the reporting
party's permission to trench her property. There is a sign in front of the suspect property that says "escape
7175". The suspect is possibly a Bing Sellers. The reporting party's phone number is 303-929-8029.
How are Your/Your Property Impacted by this Alleged Violation? The suspect trenched across the reporting
party's property to install water and electric. The suspect did not have her permission and she does not want the
lines there.
Where is Your Property in Relation to the Alleged Violation: The reporting party's property is south of the
suspect's.
Have You Discussed Your Concerns With the Property Occupant? yes. the suspect just covered the trench and
left the lines there.
If Not, Please Explain Why?
Are You in a Subdivision Which has Covenants that Prohibit the Activity?No
Have You Contacted the Homeowners Association?No
May we contact you? Yes
1
Colorado Secretary of State
M"-Filed Date and Time: 11/17/2009 08:43 PM
Document must be filed electronically. ID Number: 20091605542
Paper documents will not be accepted.
Document processing fee $50.00 Document number: 20091605542
Fees& forms/cover sheets Amount Paid: $50.00
are subject to change.
To access other information or print
copies of filed documents,
visit www.sos.state.co.us and
select Business Center.
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to 7-80-203 and § 7-80-204 of the Colorado Revised Statutes(C.R.S.)
1. The domestic entity name of the limited liability company is
Hughes, LLC
(The name of a limited liability company must contain the term or abbreviation
"limited liability company", "ltd.liability company", "limited liability co.", "ltd
liability co.", "limited", "l.l.c", "llc",or"ltd.".See §7-90-601, C.R.S.)
(Caution:The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2. The principal office address of the limited liability company's initial principal office is
Street address 3879 E 120th #345
(Street number and name)
Thornton CO 80233
(City) (State (ZIP/Postal Code)
United States
(Province—if applicable) (Country)
Mailing address
(leave blank if same as street address) (Street number and name or Past Office Box information)
(City) (Slate) (ZIP/Postal Code)
(Province—if applicable) (Country)
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name Sellers Bing
an individual)
(Last) (First) (Middle) (Suffix)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Street address 3879 E 120th #345
(Street number and name)
Thornton Co 80233
(City) (State) (ZIP Code)
ARTORG LLC Page 1 of 3 Rev.02/28/2008
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
CO
(City) (State) (ZIP Code)
(The following statement is adopted by marking the box.)
El The person appointed as registered agent has consented to being so appointed.
4. The true name and mailing address of the person forming the limited liability company are
Name
(if an individual) Sellers Bing
(Last) (First) (Middle) (Suffix)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Mailing address 3879 E 120th #345
(Street number and name or Post Office Box information)
Thornton CO�' 80233
(City) Ufllie )StatBS (ZIP/Postal Code)
(Province—ifapplicable) (Country)
(If the following statement applies,adopt the statement by marking the box and include an attachment)
❑ The limited liability company has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5. The management of the limited liability company is vested in
(Mark the applicable box.)
❑ one or more managers.
OR
El the members.
6. (The following statement is adopted by marking the box.)
n There is at least one member of the limited liability company.
7. (If the following statement applies,adopt the statement by marking the box and include an attachment)
❑ This document contains additional information as provided by law.
8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has
significant legal consequences. Read instructions before entering a date)
(If the following statement applies,adopt the statement by entering a date and,if applicable,time using the required format)
The delayed effective date and, if applicable,time of this document is/are
(mm/dd/yyyy hour:minute am/pm)
ARTORG LLC Page 2 of 3 Rev.02/28/2008
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery,under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S.,the constituent documents, and the organic
statutes,and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part,the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State,whether or not such individual is named in the document as one who has caused it to be delivered.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
Sellers Bing
(La3879 E 120th #345) (First) (Middle) (Suffix)
(Street number and name or Post Office Box information)
Thornton CO 80233
(City) (State) (ZIP/Postal Code)
United'States
(Province-iiapplicable) (Country)
(If the following statement applies,adopt the statement by marking the box and include an attachment.)
O This document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions,are not intended to provide legal,business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date,compliance with applicable law, as the same may be
amended from time to time,remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal,business or tax advisor(s).
ARTORG_LLC Page 3 of 3 Rev.02/28/2008
eRecorded in Weld Cor CO Doc Id:3661418
11/23/2009 03:09 P Receipt#:7442697
Page: 1 of 2 Total Fee:$23.50
Steve Moreno, Clerk and Recorder
After Recording Return to:
Hughes,LLC
WARRANTY DEED
This Deed,made November 20,2009
Between Maki Serkahn f/k/a Keith Quinton Vonasek a/k/a Keith Q.Vonasek a/ka/Keith
Vonasek of the County Weld,State of COLORADO,grantor(s)and Hughes,LLC,a Colorado limited
liability company, whose legal address is 3t.lC g. ?On.' 'f/i'7hornien (2O 33 County of
Weld,and State of COLORADO,grantee.
WITNESS,That the grantor, for and in the consideration of the sum of ONE HUNDRED TWENTY-FIVE
THOUSAND AND 00/100 DOLLARS ($125,000.00 ) 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
confirm,unto the grantee,their heirs and assigns forever,all the real property together with improvements,if any,situate,
lying and being in the County of Weld.State of COLORADO described as follows:
See Exhibit A attached hereto and made a part hereof.
also known by street and number as TBD WCR 21,Ft.Lupton,CO 80621
TOGETHER with all and singular hereditaments 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 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
pi-snits,he is well seized of the premises above cony yeE,has good,sore,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 of nature so ever,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 in the Title Documents accepted by Buyer is accordance with section 8.1(Title Review)of
the contract dated September 24,2009,between the parties and except for the domestic gas tap is
excluded from the sale and domestic gas tap as referred to in the lease dated
Feb 19, 1970.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and
peaceable possession 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 plural the singular,and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this on the date set forth above.
SELLERS:
Maki Serkahn f/k/a Keith Quinton Vonasek a/k/a Keith Q.
Vonasek a/ka/Keith Vonasek
99
by ' ett P• o' <s atfomey in fact
STAT OLORADO }ss:
CO OF WELD
The foregoing instrument was acknowledged,subscribed and sworn to before me November 20,2009 by Maki Serkahn
f/k/a Keith Quinton Vonasek a/k/a Keith Q.Vonasek a/ln/Keith Vonasek by Brett Payton as attorney in fact
Witness my hand and official seal.
Notary Pub tc
Billie M.Dodd My Commission expires:
µOTARY PUBLIC
STATE OF COLORADO
'on explIes t01272°k
My commas'
ESCROW NO.598-H0156748-042-11D6
H I l
WO-Warmly Deed 5
eRecorded in We ;ounty, CO Doc Id: 3661418
11/23/2009 03:09 P Receipt#: 7442697
Page: 2 of 2 Total Fee: $23.50
Steve Moreno, Clerk and Recorder
Exhibit
let B of Recorded Exempla No.1311-26-3 RE-4823 reacted October 3,2008 at Reception No.3592178,deathbed as
foilorvs:
lit part ofthe South One-Half of the Southwest OneQutiet of Section 26,Towehip 2 Natb.Range 67 West oftbc 6`
Principal Meridian,County of Weld,Slate of Cabana described as:
Cammmcmy at the Southwest coma of said Sow One-Half of the SouthwestOne-Quner,thence N00608 41"E along
the West line of the Southwest One-Quarter of said Section 26,a distance of 704.92 feet,to the Point of Beginning;thence
continuing N00•08'41"E slog said Welling,'distance of 606.90 fed to the Nadine corner of said South One-Half of
the Southwest One-Quarter,thence N89•46'14"E along the Nam line of said Soap Otte-Half of the Southwest One-
Quarter a distance of 248612 feet to the West line of a pawl deeded to Public Service Company in Book 589 at Reception
Na 1511367;thence 300'09'13'W along said West IS,a distance of 1315.65 feet to the South But of the Southwst One-
Quarter of the Southwest One-Quarter of said Soria 26;theme S$9•51'51"W along said South line,edam=of 624.00
net;thence N00.01'02"W a distance of 624.47 fee4 thence N59'33'31`W a distance of 1583)feet;thence 389.5173"W
parallel with the South line of the Southwest One-Quartet of said Southwest Quieteraf aaid Section 26,a distance of
1723.54 to the Point of Beginning,
County of Weld,State of Colmado.
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EXHIBIT
Peggy Gregory
From:
Sent: uesday, ep em e ,
To: Pe Gre o J
Subject:
Weld County Planning and Zoning, 09/14/10
Mr. Bing Sellers purchased Lot B of a resent recorded exemption. I own Lot A. I was contacted on several
occasions by Mr. Sellers and Joe Harrison, wanting to hook into my city water, use my irrigation water, rent my
buildings, put farm animals on my property and or mow and bail the grass in my pasture. I told them I was not
interested and I already rent to someone.
On June 25, 2010 I noticed big deep trenches had been dug along most of the east end of the property line.
My fence had been taken down in the NE corner of my property and a trench had been dug through my
property. This also filled in a section of my irrigation ditch. These trenches had white pipe and black electrical
cable in them. A white vertical pipe was also installed on my property with a water shut off valve at the bottom
and electric wire hanging out the top. I immediately contacted Mr. Sellers and told him to remove everything
and bury the trenches and put back up my fence. He said he wanted to be a good neighbor and he would.
The next day I saw Mr. Sellers on my property with his tractor filling in the trenches without removing any
of the piping or cable. I confronted Mr. Sellers and he claimed part of the property was his. Mr. Sellers pointed
out a large rusty nail in the ground with neon caution tape tied around it and said that was the survey marker.
The original survey marker had been buried with the dirt from the trenches and Mr. Sellers claimed it did not
exist. I contacted the surveyor, Greg Bayer and made a trip to his office for more details on the location. I dug
and found the original marker. Mr. Sellers then again said he would remove the pipe, cable, bury the trenches
and put back up my fence. He keeps repeating he wants to be a good neighbor.
By Mr. Sellers digging the trench threw my property he drove over my ditch,filling it with dirt. This caused the
irrigation water to overflow into the trenches along the east property line. (These trenches are not straight and
are on both properties). Mr. Sellers then took it upon himself to remove a fence and drive a tractor on my
property and tear up large irrigation piping out of the ground at the head gate, crushing it and throwing it off to
the side. He also dumped a huge pile of dirt, totally closing off my ditch on my property. This now prevents me
from irrigating that pasture unless I rent equipment and buy new piping to repair what Mr. Sellers damaged. I
don't have an exact estimate of the damage but with materials labor and to rent equipment it is well over$1,000
Because Mr. Sellers trespasses on my property whenever he wants to and is repeatedly causing more damage,
I called and made a report to the Weld County Sheriff. Mr. Sellers then called me and told me I didn't have to
get the Sheriff involved, he would again fix everything.
As of the writing of this letter Mr. Sellers has buried the trenches but left 2 large holes with wire hanging out on
my property. I do not feel he has removed the pipe or cable. He did move the white vertical pipe with the water
valve and electric wire hanging out the top just onto his side of the property line. He has not put back up my
fence or repaired the irrigation pipes at the head gate. He just smoothed out the dirt and made a V in the
ground. He has damaged my pasture buy digging the trenches and repeatedly driving his tractor back and
forth.
Several other neighbors have told me they see mobile homes and stuff being hauled in at night, an explosion,
and many gun shots. They also say they have been approached by Mr. Sellers to hook up to there water and
use irrigation water. I currently don't live on my property and only know about what I have previously written in
this letter. I have seen what looks to be about 5 mobile homes of various sizes in the SE corner of Mr. Seller's
property.
Thank You,
2
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