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HomeMy WebLinkAbout20102085.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #1000083 AGAINST STEVEN AND CHARLENE ALVAREZ 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, Steven and Charlene Alvarez, ZCV #1000083, are 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, Steven and Charlene Alvarez were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, 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 Steven and Charlene Alvarez 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. C� PL. , �/i�� 2010-2085 I D PL0824 VIOLATIONS -ZCV#1000083 —ALVAREZ 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 WELD COUNTY, C LORADO ATTEST: % . I .xo JI.. -✓I.4n� LQbugla5 Rademadher, Chair Weld County Clerk to t =o• ,r, � �1841 � e.:141511/49 EXCUSED 4,41.' � aarbara Kirkmeyer, Pro-Tern Deputy Clerk to the B.�1�'t�UN et EXCUSED Sean P. Conway / AP D M: . � i mF. rcia ounty Attorney eN, David E. Long 9/ / Date of signature: DV 2010-2085 PL0824 Vi`Dt COLORADO Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV10-00083 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 11200 CR 49 ALVAREZ STEVEN L & CHARLENE F Mailing Address: 3582 E 101ST AVE DENVER, CO 80229-3556 PARCEL: 130506300038-R1403102 Acreage: 32.17 Legal Description: PT SW4 6-2-64 LOT B REC EXEMPT RE-3048 LOCATION: Location: South of and adjacent to CR 24.25 and East of and adjacent to CR 49 North: Agriculturally Zoned properties South: Agriculturally Zoned properties and approximately 3 miles North of Hudson municipal boundary East: Agriculturally Zoned properties West: Agriculturally Zoned properties NOTIFICATION INFORMATION: Certified Date 08/05/2010 Certified Reference Number 7008 3230 0000 0473 4001 Certified Receipt Date 08/10/2010 VIOLATION DESCRIPTION: Chapter 23, Article 111(3), Division 1 A (Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code. 23-3-30 Accessory uses. 23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter. Chapter 23, Article IV(4), Division 3 Mobile Homes and Manufactured Structures 23-4-180 Temporary accessory use during medical hardship. 23-4-180.C All zoning permits for MOBILE HOMES during a medical hardship are TEMPORARY. Such permits shall be subject to review annually on the anniversary of the original permit's issuance. Such permits shall be extended only if the USE continues to be in conformance with the criteria set out in Subsection A above. Any permit for a medical hardship USE shall automatically expire, and the MOBILE HOME shall be removed upon cessation of the medical hardship or at any such time as the MOBILE HOME is used for other than the permitted USE. VIOLATION REMEDY: I am aware that you spoke to Wendi Inloes, Planning Coordinator yesterday and that you indicated the property is currently under contract for a short sale; however, since Zoning Permits for Mobile Homes (ZPMH) are not 2010-2085 COLORADO Planning Department ZONING VIOLATION CASE SUMMARY transferable, this violation case will proceed accordingly. Please make sure you advise the potential new property owner that any new purchaser will immediately be placed into violation for the same reason. As I have indicated in my previous letters, this violation is due to the failure to re-justify ZPMH-1386 as annually required. My records indicate that Wendi Inloes, Planning Coordinator has sent 2 (two) letters requesting re-justification documentation. For questions, please contact Wendi Inloes, Planning Coordinator (970)353-6100, Ext. 3543. 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 06/22/2010 Initiated Violation 06/22/2010 5 Day Letter Violation 06/29/2010 Violation Notice Violation 07/29/2010 Hearing Notification OTHER CASE HISTORY: 07/28/2010 Other Wendi Inloes advised me that Mr. Alvarez called her. He indicated the property was currently under contract for a "short sale". Furthermore, he indicated that the new owners wanted to keep the mobile home. She said that she advised him that mobile home zoning permits are not transferable. Wendi and I discussed going ahead and scheduling this violation case for the September Violation Hearings, if the short sale fell through, Mr. Alvarez could attend the hearing to request additional time. If the short sale occurs, the new owners shall be placed in violation immediately. 08/03/2010 Certified Receipt Certified Receipt & letter returned as - Unable to Forward -old address of 11200 CR 49, Hudson, Co 80642 no longer valid - now send to 3582 E 101st Ave, Denver, Co 80229-3556 08/05/2010 Certified Letter Sent I resent the Certified letter to the new address: 3582 E 101st Av, Denver, CO 80229-3556 08/10/2010 Certified Receipt Certified Receipt received - signed INSPECTION SUMMARY: ctio,/^�� M :is SERVICES OI YID �/ m Wo I LC;c4 O M illi VII E � Nitt — og r o do = •;o.us m } bw - 4 J 1Nt COLORmOO OO 0 _ , Y .+R 1R O July 29, 2010 w 0 o ALVAREZSTEVEN'— ZU cccV x w 11200 CR 49 O _ HUDSON, CO 8064 ct z oLLI r. WO I- _ Zoning Violation Cas a x~ �� Q ON - SitusAddress: 11‘. om U ¢wwww ru ,•8 3CN> Legal Description: . m a ¢>Qz - OJima m Z v kQa7O Dear Alvarez Stever o j F,E, ' r- w The property referentct, to ed a meeting with the Board of Coit Sum ; z ti ¢ oOva The above mentionet z a o ¢ ^ Z only Code: ¢ t Chapter 23, Art o 23-3-20 Uses p Z 23-3-20.A Onn F- 2 nd th created under t m 5 t tri 23-3-30 Acce q z Z 23-3-30.F Mo' z w j (0 ; of this Chapter. a. Z ¢ r' Chapter 23, Art q ¢ E., ®3/®13 D 3'11 23-4-180 Ten >-ii p"a m 23-4-180.C Ai z O z 0 TEMPORARY. o v, a cc } UIUG U ��d the original permit'$ u L.T1-z oz a 3 be in conformance v: Q > z` in m 331:43O A31332iO hardship USE n w w a x }uawpedaa 2uluueld dlunoO plpM in cessation of th N r other than the permit To bring your propert: -DioraQ d I am aware the •.��p� DU indicated the pilt G Permits for Mo O MAIM g accordingly. Fce new purchaser will As I have indicated in my previous letters, this violation is due to the failure to re-justify ZPMH-1386 as annually required. My records indicate that Wendi Inloes, Planning Coordinator has sent 2 (two) letters requesting re-justification documentation. For Page 1 of 2 Report ID: CODE000023v002 Print Date-Time: 7/29/2010 8.13.10AM I ; r 9 x n_ Nsa 0 L 2 0 N bq _ > cork o (f' S s U La�y`� g.y ❑❑ ❑ p gear _a. m I�- d -E E m a w ID d w 8 Y2CC c 'c 0 n al 1�J a m r= d l9 RI- m ^- vl (00 K 0 U.S. Postal Service,. d x m''' d r' Lt 4 o E CERTIFIED MAIL.., RECEIPT m CC r-q irr (Domestic Mail Only;No Insurance Coverage Provided)0 m m 0 Fr elivery mf rmatt•nwsit•urwe•site at www us•s.c•mar m y 1 E USE. m m - O N V—C A m Postage $ O m c O •S w V co . (fit . �jp 0 Certified Fee Q rn (4 N ae E W {( ^1y im Postmark al• m m ro N O Retum Receipt Fee Here cV t d mom' mm o 0 (Endorsement Required) 0 i A`Y 8 qy' �. 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A _ I ■ • ■ fcC) lVoi S F•rm 3'11.August 2 n See Reverse t.rinstructi•ns DEPARTMENT „F PLANNING SERVICES l Zoning Compliance Division 11/".1(fit 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us FAX: 970-353-6100 X 3555 970-304-6498 COLORADO July 29, 2010 ALVAREZ STEVEN L& 11200 CR 49 HUDSON, CO 80642 Zoning Violation Case: ZCV10-00083 Situs Address: 11200 CR 49 Legal Description: PT SW4 6-2-64 LOT B REC EXEMPT RE-3048 Dear Alvarez Steven L& Charlene F: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on �YF5?A1Ar� ': I D`tooa'9N 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. 23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code. 23-3-30 Accessory uses. 23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter. Chapter 23, Article IV(4), Division 3 Mobile Homes and Manufactured Structures 23-4-180 Temporary accessory use during medical hardship. 23-4-180.C All zoning permits for MOBILE HOMES during a medical hardship are TEMPORARY. Such permits shall be subject to review annually on the anniversary of the original permit's issuance. Such permits shall be extended only if the USE continues to be in conformance with the criteria set out in Subsection A above. Any permit for a medical hardship USE shall automatically expire, and the MOBILE HOME shall be removed upon cessation of the medical hardship or at any such time as the MOBILE HOME is used for other than the permitted USE. To bring your property into compliance with the Weld County Code: I am aware that you spoke to Wendi Inloes, Planning Coordinator yesterday and that you indicated the property is currently under contract for a short sale; however, since Zoning Permits for Mobile Homes (ZPMH) are not transferable, this violation case will proceed accordingly. Please make sure you advise the potential new property owner that any new purchaser will immediately be placed into violation for the same reason. As I have indicated in my previous letters, this violation is due to the failure to re-justify ZPMH-1386 as annually required. My records indicate that Wendi Inloes, Planning Coordinator has sent 2 (two) letters requesting re-justification documentation. For Page 1 of 2 Report ID: CODE000023v002 Print Date-Time: 7/29/2010 8:13:10AM DEPARTMEN1 LIP PLANNING SERVICES cf, b Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us Ely • E-MAIL: bsalzman@co.weld.co.us PHONE: 970-353-6100 X 3555 FAX: 970-304-6498 COLORADO questions, please contact Wendi Inloes, Planning Coordinator (970)353-6100, Ext. 3543. 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. Sincerely, ethany Salzm n ./ Zoning Compliance Officer II File: ZCV10-00083 U.S. Postal Service.., CERTIFIED MAIL.., RECEIPT N (Domestic Mail Only;No Insurance Coverage Provided) .-n D-' Fr•-livery lnf•rmatl•nvlsit •urwe•site at www.us•s.c•me ~ Postage $ Certified Fee Postmark Return Receipt Fee (Endorsement Required) Here O Delivery Fee(Endorsement - ictedDRequired) O Total Postage&Fees $ ru Sent To 1:'{17,1 .. O Street.Apt No.; I or PO Box No. \- LI ' City Stare.ZIPt4 A • SF rm 3'u,Au•usl2ttE a • See everen f.r instructi•ns Page 2 of 2 Report ID- CODE000023v002 Print Date-Time: 7/29/2010 8:13:10AM DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us PHONE:970-304365 98100 X 3555 FAX: COLORADO June 29, 2010 ALVAREZ STEVEN L& 11200 CR 49 HUDSON, CO 80642 Zoning Violation Case: ZCV10-00083 Legal Description: PT SW4 6-2-64 LOT B REC EXEMPT RE-3048 Situs Address: 11200 CR 49 Dear Alvarez Steven L & Charlene F: 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. 23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code. 23-3-30 Accessory uses. 23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter. Chapter 23, Article IV(4), Division 3 Mobile Homes and Manufactured Structures 23-4-180 Temporary accessory use during medical hardship. 23-4-180.C All zoning permits for MOBILE HOMES during a medical hardship are TEMPORARY. Such permits shall be subject to review annually on the anniversary of the original permit's issuance. Such permits shall be extended only if the USE continues to be in conformance with the criteria set out in Subsection A above. Any permit for a medical hardship USE shall automatically expire, and the MOBILE HOME shall be removed upon cessation of the medical hardship or at any such time as the MOBILE HOME is used for other than the permitted USE. To bring your property into compliance with the Weld County Code: As I indicated in my initial letter this violation is due to the failure to re-justify ZPMH-1386 as annually required. My records indicate that Wendi Inloes, Planning Coordinator has sent 2 (two) letters requesting re-justification documentation. For questions, please contact Wendi Inloes, Planning Coordinator(970)353-6100, Ext. 3543. Page 1 of 2 Report la CODE000021v002 Print Date-Time: 6/29/2010 8:46:05AM DEPARTMENT ..)F PLANNING SERVICES S? Zoning Compliance Division 1,41, 1555 North 17th Avenue Gre eley, Colorado 80631 ■■■ WEBSITE: www.co.weld.co.us + E-MAIL: bsalzman@co.weld.co.us PHONE:970-304-6498 100 X 3555 FCOLORADO 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 07/29/2010 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 Attorneys 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, Bethany Salzman Zoning Compliance Officer II File: ZCV10-00083 Page 2 of 2 Report ID: CODE000021v002 Print Date-Time: 6/29/2010 8:46:05AM DEPARTMEN iF PLANNING SERVICES 1(?)147CH.> Zoning Compliance Division 1(elikt 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co. FAX: 970-353-6100 X 3555 970 304 6 98 wipe5 COLORADO June 22, 2010 ALVAREZ STEVEN L& 11200 CR 49 HUDSON, CO 80642 Zoning Violation Case: ZCV10-00083 Situs Address: 11200 CR 49 Legal Description: PT SW4 6-2-64 LOT B REC EXEMPT RE-3048 Dear Alvarez Steven L & Charlene F: 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: Failure to re-justify ZPMH-1386 as annually required. My records indicate that Wendi 'nloes, Planning Coordinator has sent 2 (two) letters requesting re-justification documentation. 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, Bethany Salzman Zoning Compliance Officer II File: ZCV10-00083 Page 1 of 1 Report ID: CODE000022v002 Print Date-Time: 6/22/2010 3:55:19PM Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1403102 Parcel#: 130506300038 Tax Area: 2454 Bordering County: C..._Cikrt D.cc083...) Acres: 30.69 Township Range Section Quart.Sec. Subdivison Name Block# Loth 02 - 64 - 06 - 3 - - Owners Name&Address: Property Address: ALVAREZ STEVEN L Street: 11200 49 CR 11200 CR 49 City: WELD HUDSON, CO 80642 Additional Owners: ALVAREZ CHARLENE F Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description PT SW4 6-2-64 LOT B REC EXEMPT RE-3048 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 30.69 Land Subtotal: 30.69 5153,450 $12,210 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Out Building Improvements Subtotal: $209,498 $16,680 Total Property Value 5362,948 $28,890 Building Details Account#: R1403102 Parcel#: 130506300038 Owners Name&Address: Property Address: ALVAREZ STEVEN L Street: 11200 49 CR 11200 CR 49 City: WELD HUDSON, CO 80642 Building* Property Type 1 Residential http://maps2.merri ck.com/Webs ite/Weld/setSq 1.asp?cmd=QUERY&DET=PP&pin=13 050... 6/22/2010 Identify Results Page 2 of 2 Individual Built As Detail Built As: 2 Story Year Built: 1979 Exterior: Frame Masonry Veneer HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 2620 # of Baths: 4 Roof Type: # of Bdrms: 6 Roof Cover: Composition Shingle # of Stories: 2 Rooms: 5 Units: 0 Garage: Attached SQ Ft: 506 Detached SQ Ft: 0 Basement: Total SQ Ft: 1134 Finished SQ Ft: 1070 Account#: R1403102 Parcel#: 130506300038 Owners Name&Address: Property Address: ALVAREZ STEVEN L Street: 11200 49 CR 11200 CR 49 City: WELD HUDSON, CO 80642 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1984 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 3000 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/W ebsite/W eld/setSyl.asp?cmd=QUERY&DET=PP&pin=13050... 6/22/2010 Identify Results Page 1 of 1 Mobile Home Valuation Account#: M0161688 Parcel#: 130506300038 Owners Name &Address: Property Address: PEARSON CATALINA Street: 11200 49 CR CIO STEVEN ALVAREZ City: WELD 11200 CR 49 HUDSON, CO 80642 Business/Complex: Legal Description PT SW4 6-2-64 IMPS ONLY LOT B REC EXEMPT RE-3048 MOBILE/MODULAR Land Value $0 Land Assessed Value $0 Impr. Value $3,408 Impr. Assessed Value $270 Total Value $3,408 Total Assessed Value $270 Tax Area: Bordering County: Township Range Section Quart.Sec. Subdivison Name Block# Lott 02 - 64 - 06 - 3 - - Acres: Sq. Ft.: Sale Price Sale Date Deed Type Reception # $0 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=ACCDET&acct=130506300038... 6/22/2010 a DEPARTMENT OF PLANNING SERVICES Plan fling Division 1 1555 N. 1 7th AVENUE GREELEY, 8063 CO 80631 E-Mail. winloes(oco weld.co.us PHONE: (970) 353-61O0, Ext. 3540 ' FAX: (970) 304-6498 C. COLORADO May 24, 2010 Charlene Alvarez 11200 CR 49 Hudson, CO 80642 Subject: ZPMH-1386 -Zoning Permit for the Temporary use of a Mobile Home for a Medical Hardship. Dear Applicant: On April 6, 2010, you were sent a letter regarding the above referenced permit. The letter stated that our office is requiring written notice of evidence within 30 days, that the need for the mobile home still exists along with letter from a medical doctor verifying the need for full time care. To date, our office has not received any new information. Failure to submit the required documentation may result in cessation of the allowance of the mobile home. Evidence shall be submitted to the Department of Planning that the use still exists with the appropriate documentation. If the use of the mobile home has changed or been removed, please contact me at the above address or phone number. If our office does not hear from you within 10 days of receipt of this letter, your Zoning Permit will be turned over to our Zoning Compliance Officer, as it will be in violation with the Weld County Code Section 23-4-180. Thank you for your cooperation to this matter. If you should have any questions, please feel free to contact me. Sincerely, I 2 endi Inloes Planning Coordinator pc: Code Compliance - G DEPARTMENT OF PLANNING SERVICES Planning Division 1555 N. 17th Avenue GREELEY, CO 80631 O E-Mail:E: 0) s6a c0 Ext. 3540 0 O PHONE: wi 353-6100, o.us FAX.: (970) 304-6498 • COLORADO • April 6, 2010 Charlene Alvarez 11200 CR 49 Hudson, CO 80642 Subject: ZPMH-1386- Annual Review of a Zoning Permit for a Mobile Home used during for a Temporary use during a Medical Hardship. Located on a parcel of land described as part of the SW4SW4 - of Section 6, T2N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicant: We are currently updating our medical hardship zoning permit records. These permits are temporary. Such permits are subject to be reviewed annually on the anniversary of the original permits issuance. Our review of ZPMH-1386 issued to the above property needs to be updated. If the mobile home is currently located on the property, staff is requesting written evidence within 30 days of this letter, that the medical hardship still exists. Documentation of the medical hardship shall be established in an original letter from the subject's medical doctor or other evidence deemed suitable by the Department of Planning Services The letter shall verify that the subject is physically impaired and requires full-time care. If the use of the mobile home has changed or been removed, please contact me at the above address, e-mail address or telephone number. After we receive this information, the Department of Planning Staff will review it for justification and compliance with Section 23-4-180 of the Weld County Code. You will only be notified if the permit is denied. Thank you in advance for your cooperation for this information. 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