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
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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. ARCHULETA
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 07/19/2009
WDPIOTO
Warranty Deed (For Photographic Record) updated 1/2006
11111111111111111111111111 111111111111111111111111
3447758 01/12/2007 02•08P Weld County, CO
1 of 1 R 6.00 0 15,80 Steve Morena Clerk & Recorder
Security Title
File No $0184069
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