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HomeMy WebLinkAbout20091323.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST DEBBIE COUCH 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, Debbie Couch, ZCV #0900050, 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 16th day of June, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Debbie Couch and Roy Storz, property owner and husband, were present 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 September 16, 2009, to allow adequate time for the property owner to complete the Zoning Permit for an Accessory Structure, build the garage, and license the semi -trailer to bring the subject property into compliance 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 #0900050 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Debbie Couch 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 September 16, 2009, to allow adequate time for the property owner to complete the Zoning Permit for an Accessory Structure, build the garage, and license the semi -trailer to bring the subject property into compliance. 2009-1323 PL0824 (0 1�� Le/16)c_ VIOLATIONS - ZCV #0900050 - DEBBIE COUCH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of June, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD COUN COLORADO ATTEST: Weld County Clerk to the Boa BY 7/730,=-7 Deputy rk to the Board arbara Kirkmeyer ttorney Date of signature. 2009-1323 PL0824 V' Thlation Summary Repr 1 BASIC INFORMATION COUCH DEBBIE J Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: 15725 CAROLINE AV FORT LUPTON, CO 80621 Bethany Salzman ZCV09-00050 15725 CAROLINE AV ARS L7 BLK22 EXC ELY 20' ARISTOCRAT RANCHETTES INC SITUS: 15725 CAROLINE AV WELD Location North South East West South of and adjacent to CR 18 and East of and adjacent toCR31 Agriculture with residences Industrial plant / Agriculture Agriculture Agriculture with minimal residences Parcel Number: 130927114011-R8576400 Acreage: 0.94 Certified Mail Date: 04/29/2009 Currently the property is in violation of: 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.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.) REMEDY As we discussed on February 25, 2009, the presence of a semi trailer as a storage unit is an allowed use within a subdivision, such as Aristocrat Ranchettes; however, it must remain on it's wheels and mobile at all times and retain current registration and license plates. My records indicate that I sent the Zoning Permit for an Accessory Structure (ZPAS) with my previous letter. Please don't hesitate to contact me with any questions. RECOMMENDATION The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 02/19/2009 Complaint Validated 02/19/2009 LTTR: 5 Day Letter 03/09/2009 LTTR: Violation Notice 04/29/2009 LTTR: Hearing Notification OTHER CASE HISTORY 02/05/2009 Property Inspected 02/25/2009 Phone Call Upon a visual inspection of the property, the following items were noted: 1 semi trailer. NO permits for a semi trailer (either as a Commercial Vehicle or as a storage unit). No pictures were taken during this inspection. Debbie Couch (303-857-4461) called. She said the semi 2009-13: V lation Summary Rept trailer is a storage unit. She explained that it doesn't even have axles or wheels. I explained that within the boundaries of a subdivision such as Aristocrat they are eligible to apply for 1 (one) semi trailer as a storage unit provided it HAS its wheels and axles. I explained that it also must be currently registered. I explained that there is a one time $75 permit fee and the permit was non -transferable. She said to go ahead and mail her the application. I advised her that I would be sending a 30 day letter with it which would give them 30 days to turn in the application back in. She said she understood. 04/13/2009 Property Inspected Upon a visual inspection of the property, the following items were noted: the semi trailer is still present. No pictures were taken during this inspection. 05/01/2009 Certified Mail Receipt Certified Receipt received - signed. WE fat 0 April 29, 2009 COUCH DEBBIE J 15725 CAROLINE AV FORT LUPTON, CO 80621 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us Case: ZCV09-00050 Legal Description: ARS L7 BLK22 EXC ELY 20' ARISTOCRAT RANCHETTES INC SITUS: 15725 CAROLINE AV WELD Dear COUCH DEBBIE J. The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 06/18/2009 - 10:00 AM" The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 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.) To bring your property into compliance with the Weld County Code: As we discussed on February 25, 2009, the presence of a semi trailer as a storage unit is an allowed use within a subdivision, such as Aristocrat Ranchettes; however, it must remain on it's wheels and mobile at all times and retain current registration and license plates. My records indicate that I sent the Zoning Permit for an Accessory Structure (ZPAS) with my previous letter. Please don't hesitate to contact me with any questions. Page 1 of 2 111111e. COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us 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 action to remedy the violation. Our records indicate that you 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, I � ethany Salzman Zoning Compliance Officer II pc: ZCV09-00050 U.S. Postal Service.. CERTIFIED MAIL, RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage 8 Fees or eet.PO APT No.;' O712,5 ^ I� or PO Box No j (1.�La.2�1^ (�� clN. state. zfp.a r 1/W-rtOrl r LA-' Jl-llr. U Postmark Here 2 o N« >'N NU coY•' • N Ny2o= c0re m c?a 22 a N Q ` Y vU N 'O y U y 0) C m C E..Ecmc U U 0 Ocr • cm ▪ 05 .9 3cm aV tdL" o .2,=>%-€: o 0.. m a 0 ■ ■ • 2 L e d a a E. tdso ID To Tat d E 102595-02-M-15 Domestic Return Receipt 0 z u_ a Page 2 of 2 let 1111111cCOLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us March 09, 2009 COUCH DEBBIE J 15725 CAROLINE AV FORT LUPTON, CO 80621 Case: ZCV09-00050 Legal Description: ARS L7 BLK22 EXC ELY 20' ARISTOCRAT RANCHETTES INC SITUS: 15725 CAROLINE AV WELD Dear: COUCH DEBBIE J : 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.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.) To bring your property into compliance with the Weld County Code: As we discussed on February 25, 2009, the presence of a semi trailer as a storage unit is an allowed use within a subdivision, such as Aristocrat Ranchettes; however, it must remain on it's wheels and mobile at all times and retain current registration and license plates. For your convenience, I am including an application for this use with this letter. Please don't hesitate to contact me with any questions. 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 04/09/2009, 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 fscit**\. COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I I 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us 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 to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer II pc: ZCV09-00050 'nnt Form } ZONING PERMIT ACCESSORY STRUCTURE (ZPAS) SUBMITTAL CHECKLIST APPLICATION REQUIREMENTS: One original application form plus four copies One original drawing plus four copies. A scaled drawing of the property (1"=50') needs to show the proposed location of the accessory structure. Include distances between the property lot lines and proposed accessory structure and all other existing structures on the property; access to the property (indicate whether it is existing or proposed) ; County, State, or Federal road rights -of -way; amount of road frontages; location and measurements of any easements; and any proposed structures to be located on the property. One original Weld County Road Access Information Sheet plus one copy One copy of deed or legal instrument identifying applicant's interest in the property. Copy of recorded instruments may be obtained from Weld County Clerk and Recorder's Office or a title or abstract company. One copy of affidavit and certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within 500 feet of property being considered. This list shall be compiled from the records of the Weld County Assessor,theWeld County Website, www.co.weld.co.us. , or a person qualified to do the task, and shall be current as of a date no more than thirty days prior to the date the application is submitted to the Department of Planning Services. Copy of current registration Application fee $75.00 $37.50 investigation fee. An additional investigation fee shall be added to the cost of the permit application when specific land, uses, building, manufactured homes, mobile homes, and structures that require a permit by the Weld County Code are located, moved, operated, or constructed prior to obtaining a permit. The investigation fee shall be fifty percent of the fee established by separate action by the Board of County Commissioners for land -use applications. The payment of such investigation fee shall not relieve any persons from fully complying with the requirements of the Weld County Code, nor from any other penalties. One each of the application and scaled drawing shall be collated into four complete application packets and bound with binder clips or paper clips only. The original copies shall be placed in one packet (includes additional items below if applicable). Applications bound in any other fashion than binder or paper clip will be returned to the applicant without review. Additional required information shall be kept separate to be collated by Planning Staff. The Department of Planning Services may request additional information, application packets and/or fees that will aid in the review of the Zoning Permit application. updated 86.15-08 441(N° MSC February 19, 2009 COUCH DEBBIE J 15725 CAROLINE AV FORT LUPTON, CO 80621 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us Case: ZCV09-00050 Legal Description: ARS L7 BLK22 EXC ELY 20' ARISTOCRAT RANCHETTES INC SITUS: 15725 CAROLINE AV WELD Dear COUCH DEBBIE J: 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: In order to maintain a semi trailer within the boundaries of a Subdivision, such as Aristocrat Ranchettes, it must be permitted. If the semi trailer is utilized for over the road (business) a Zoning Permit for a Commercial Vehicle (ZPCV) permit is required. If the semi trailer is utilized as personal storage a Zoning Permit for an Accessory Structure (ZPAS) permit is required. Since I do not know the intended use of this unit, I have not sent the necessary application with this letter. 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 Salzm Zoning Compliance Officer II pc: ZCV09-00050 Page 1 of 1 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R8576400 Parcel#: 130927114011 Tax Area: 2241 anwWBordering County: Acres: 0.9 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 02 - 66 - 27 - I ARISTOCRAT RANCHETTES INC - 22 - 7 _ s:;v.-anxn x:n s:ar ,nu --;;a rr _ ,...x.?, st5ace.exr„,,; -zx mmx9a-.-.nasKsea .-x. Owners Name & Address: COUCH DEBBIE 15725 CAROLINE AV FORT LUPTON, CO 80621 Business/Complex: Property Address: Street: 15725 CAROLINE AV WELD City: WELD Sales Summary Sale Date Sale Price Deed Type 12/15/2006 $158,000 WD Legal Description Reception # 3447758 ARS L7 BLK22 EXC ELY 20' ARISTOCRAT RANCHETTES INC SITUS: 15725 CAROLINE AV WELD Land Type Residential Abst Code 1112 Land Valuation Summary Unit of Number of Measure Units Site Actual Value Assessed Value Land Subtotal: $60,000 $4,780 Bldg# 1 Property Type Residential Improvements Subtotal: Total Property Value Account#: R8576400 Owners Name & Address: COUCH DEBBIE 15725 CAROLINE AV FORT LUPTON, CO 80621 Building# 1 Built As: Exterior: Buildings Valuation Summary Actual Value $100,972 Building Details Property Address: Street: 15725 CAROLINE AV WELD City: WELD Property Type Residential Individual Built As Detail Modular Year Built: Frame Vinyl HVAC: $160,972 1996 Forced Air Assessed Value $8,040 $12,820 Parcel#: 130927114011 http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 2/17/2009 Identify Results Page 2 of 2 Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Drywall 2 3 1 6 Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 1484 Composition Shingle 0 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 2/17/2009 COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10'" Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT ❑ Staff/Name ❑ Citizen /Q Other ❑ HEALTH DEPARTMENT Citizen's Name (If known) ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known) D BUILDING CODE COMPLAINT ❑ PUBLIC WORKS / PEST & WEEDS Date Complaint was received: S)' �1 Pending Case # (i.e. USR, RE, SE, ect...): Legal Description: O 1 l ea% 72.i kAke-sit Lk. Parcel # Violation Address: rt3lacS (cLvctiint_ Ij6> Property Owners Name C`c.h, V)boIe, J toc1-i-iti-ftk Phone: c Property Owners Address: '\ 1mn i «� j� G U Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: (YtX f \kV iecu-i p0 +k1 } Additional Notes: 61-111-0 :4°1- 14-LQK aotnuf.9 ,$ WARRANTY DEED THIS DEED, Made this 15th day of December, 2006 between Guadenciu Flores and Alfonso Flores-Huertero of the City and County of Weld, State of Colorado, grantor and Debbie J. Couch whose legal address is: 15725 Caroline Avenue, Fort Lupton, Colorado 80621 of the City and County of Weld, State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of One Hundred Fifty -Eight Thousand sold and s and NO/100's ($158,000.00) the receipt and sufficiency of which is hereby acknowledged, granted, his and bargained. assigns od forever, conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, all the real property together with improvements, if any, situate, lying and being in the City and County of Weld, and State of COLORADO, described as follows: Lot 7, Block 22, Aristocrat Ranchettes Inc. Subdivision, a Subdivision of the County of Weld, State of Colorado EXCEPT the Easterly 20 feet of said Lot 7, County of Weld, State of Colorado. also known by street and number as 15725 Caroline Avenue, Fort Lupton, CO 80621 TOGETHER with all and singular the hereditamems and appurtenances thereunto belonging, or in anywise appertaining,andtle, rand the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, 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. unto the grantee, his TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, 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 ensealmg and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in liens, taxanner es, assessments, and rm as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales. encumbrances and restrictions of whatever kind or nature soever, except all taxes and assessments for the current year, a lien but not yet by reference to due or accepted by Buyer in ale, and ccore recific dance with section tions described Tde Review", of the contract dated Noveded documents mber 16, O06, ed in the Title between the parties. 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 deed on the date set forth above. SELLERS: )ss: Alfonso Flores-Huertero adencio Flores STATE OF COLORADO COUNTY OF Adams The foregoing instrument was acknowledged before me this 15th day of December, 2006 by Guadencio Flores and Alfonso Flores-Huertero Witness my hand and official seal, My Commission expires: BRENDA L. 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