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HomeMy WebLinkAbout20092383.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST LEROY AND DONNA WEINMAN 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, Leroy and Donna Weinman, ZCV #0900072, 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 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, at which time the matter was continued to September 8, 2009, to allow adequate time for the property owners to contact Human Services to address programs available to assist in housing and financial assistance. WHEREAS, on the 8th day of September, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Leroy and Donna Weinman 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 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 8, 2009, to allow adequate time for the property owners to move the camper trailer from the site 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 #0900072 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Leroy and Donna Weinman 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 8, 2009, to allow adequate time for the property owners to move the camper trailer from the site to bring the subject property into compliance. 2009-2383 PL0824 CC! PL, 4iio,._ 094547 VIOLATIONS - ZCV #0900072 - LEROY AND DONNA WEINMAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of September, A.D., 2009. BOARD OF C LINTY COMMISSIONERS WFfLD fyC�Uj-FOLORADO ATTEST: Weld County Clerk to BY. ounty Attorney EXCUSED Deputy Clerk to the Date of signature 94/09 J William' F. Garcia, Chair EXCUSED Douglas Rademacher, Pro -Tern Sean P. Conway k /AWL arbara Kirkmeyer David E. Long 2009-2383 PL0824 Violation Summary Report BASIC INFORMATION WEINMAN LEROY & DONNA Tenant: 735 N 28TH AVE GREELEY, CO 80631 Compliance Officer: Ann Siron Violation Number: ZCV09-00072 Situs Address: 735 N 28TH AV Legal: 2PL-5 L5 PULLIAM SUB 2ND FILING SITUS: 735 N 28 AV WELD 00000 Location: Location WEST OF AND ADJACENT TO N 28TH AVE AND DIRECTLY NORTH OF F ST IN THE PULLIAM SUBDIVISION North AG ZONE DISTRICTS South GREELEY CITY LIMITS AND R-1 ZONE DISTRICTS East R-1 AND I-3 ZONE DISTRICTS West GREELEY CITY LIMITS AND AG ZONE DISTRICTS Parcel Number: 080536004001-R1379286 Acreage: 0.27 Certified Mail Date: 04/30/2009 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. 23-3-20.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 23-3-40 Uses by special review RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or without flexible, removable or collapsible walls and partitions designed to be used as a dwelling for travel, recreation or vacation USES. The term RECREATIONAL VEHICLE shall include: motor home, camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not extend above the cab of the truck. For the purpose of this Code, a RECREATIONAL VEHICLE shall be subject to all requirements and restrictions for MOBILE HOMES as provided in this Chapter when its placement is intended for nontransient residency. A RECREATIONAL VEHICLE shall not be used for TEMPORARY Storage, TEMPORARY ACCESSORY Farm USE, TEMPORARY ACCESSORY USE During a Medical Hardship, TEMPORARY ACCESSORY USE as an OFFICE, or as a Principal DWELLING UNIT. REMEDY THE CAMPER/TRAILER SHALL BE UNOCCUPIED. ANY ADDITIONAL EXTENSIONS SHALL BE REQUESTED THROUGH A VIOLATION HEARING TO THE BOARD OF COUNTY COMMISSIONERS. RECOMMENDATION LETTER HISTORY 03/24/2009 Complaint Validated 2009-2383 Violation Summary Report 03/24/2009 LTTR: 5 Day Letter 04/01/2009 LTTR: Violation Notice 04/30/2009 LTTR: Hearing Notification OTHER CASE HISTORY 03/23/2009 Property Inspected 04/01/2009 Phone Call 04/30/2009 Phone Call UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: RECREATIONAL VEHICLE THAT APPEARS TO BE LIVED IN. LEROY WEINMAN CALLED AND EXPLAINED THAT HIS DAUGHTER AND FAMILY LIVE OUT THERE. THAT WITH THE ECONOMIC TIMES THE SON CAN NOT FIND WORK AND THE YOUNGEST CHILD OF THEIRS IS SICK A LOT. HE SAID THAT HE AND HIS WIFE ARE HAVING TO TAKE CARE OF MANY OF THEIR CHILDRENS BILLS FOR THE SAKE OF THE GRANDKIDS AND IT IS A GREAT HARDSHIP TO FIND AN RV LOT AND TO PAY TO STAY AT ONE OF THOSE AS WELL AS PAY THEIR OWN BILLS AND THEIR CHILDRENS. I TOLD HIM UNDER NORMAL CIRCUMSTANCES IT IS A USE THAT IS NOT ALLOWED IN THE COUNTY. HOWEVER HE WOULD HAVE 30 -DAYS TO BRING THE PROPERTY INTO COMPLIANCE AND THEN I WOULD NEED TO SCHEDULE THE CASE INTO JUNE"S HEARINGS. AT THAT TIME HE COULD COME TO THE HEARINGS AND EXPLAIN HIS SITUATION TO THE BOARD AND THEY WOULD BE THE ONES THAT COULD GRANT ANY EXTENSIONS ON THE TIME THE COUPLE OCCUPIED THE RV. HE SAID THAT SOUNDED GOOD AND HE APPRECIATED OUR UNDERSTANDING. LEROY CALLED AND SAID THEIR SITUATION WITH THEIR CHILDREN IS STILL NOT LOOKING GREAT. THAT THEIR UNEMPLOYMENT IS DONE IN JUNE AND THEY STILL HAVE NOT FOUND WORK. HE HAS LOOKED INTO RENT ON RV LOTS BUT IT"S RUNNING HIM $600 OR SO A MONTH WHICH HE ABSOLUTELY CAN"T AFFORD. I TOLD HIM I WOULD SCHEDULE HIM FOR JUNE"S HEARINGS AND AT THAT TIME IF HE AND/OR HIS WIFE COULD APPEAR THEY CAN EXPLAIN THEIR SITUATION TO THE BOARD AND AS FOR EXTRA TIME THAT WAY. I SAID THAT I WOULD BE SENDING INFORMATION THROUGH THE MAIL CERTIFIED REGARDING THE HEARINGS SO HE WOULD NEED TO PICK THAT UP FROM THE POST OFFICE. HE THANKED ME AND SAID HE WOULD ATTEND THE HEARING. COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us May 28, 2009 WEINMAN LEROY & DONNA 735 N 28TH AVE GREELEY, CO 80631 Case: ZCV09-00072 Legal Description: 2PL-5 L5 PULLIAM SUB 2ND FILING SITUS: 735 N 28 AV WELD 00000 Dear WEINMAN LEROY & DONNA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 06/16/2009 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. 23-3-20.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. 23-3-40 Uses by special review RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or without flexible, removable or collapsible walls and partitions designed to be used as a dwelling for travel, recreation or vacation USES. The term RECREATIONAL VEHICLE shall include: motor home, camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not extend above the cab of the truck. For the purpose of this Code, a RECREATIONAL VEHICLE shall be subject to all requirements and restrictions for MOBILE HOMES as provided in this Chapter when its placement is intended for nontransient residency. A RECREATIONAL VEHICLE shall not be used for TEMPORARY Storage, Page 1 of 2 Ole COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us TEMPORARY ACCESSORY Farm USE, TEMPORARY ACCESSORY USE During a Medical Hardship, TEMPORARY ACCESSORY USE as an OFFICE, or as a Principal DWELLING UNIT. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION ON APRIL 1, 2009 THE CAMPER/TRAILER SHALL BE UNOCCUPIED. ANY ADDITIONAL EXTENSIONS SHALL BE REQUESTED THROUGH A VIOLATION HEARING TO THE BOARD OF COUNTY COMMISSIONERS. 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. Sinc- -ly An iron) Zoning Co'plia ' e Officer pc: ZCV09-00072 o{/ Page 1 of 2 VIiDc COLORADO April 30, 2009 WEINMAN LEROY & DONNA 735 N 28TH AVE GREELEY, CO 80631 Case:ZCV09-000'2 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us Legal Description 2PL-5 L5 PULLIAM SUB 2ND FILING SITUS: 735 N 28 AV WELD 00000 Dear WEINMAN LEROY & DONNA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 06/09/2009 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. 23-3-20.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. 23-3-40 Uses by special review RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or without flexible, removable or collapsible walls and partitions designed to be used as a dwelling for travel, recreation or vacation USES. The term RECREATIONAL VEHICLE shall include: motor home, camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not extend above the cab of the truck. For the purpose of this Code, a RECREATIONAL VEHICLE shall be subject to all requirements and restrictions for MOBILE HOMES as provided in this Chapter when its placement is intended for nontransient residency. A RECREATIONAL VEHICLE shall not be used for TEMPORARY Storage, TEMPORARY ACCESSORY Farm USE, TEMPORARY ACCESSORY USE During a Medical Hardship, TEMPORARY ACCESSORY USE as an OFFICE, or as a Principal DWELLING UNIT. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION ON APRIL 1, 2009 THE CAMPER/TRAILER SHALL BE UNOCCUPIED. ANY ADDITIONAL EXTENSIONS SHALL BE Page 1 of 2 COLORADO SENDER: COMPLETE THIS SECTION WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us REQUESTED THROUGH A VIOLATION HEARING TO THE BOARD OF COUNTY COMMISSIONERS 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. Sincere Ann Siron Zoning Compl pc: ZCV09- ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Weld Leroy'(Rnna 1e nm as 76 Al 020 a v -1 Gret y CD g0(p31 COMPLETE THIS SECTION ON DELIVERY A. S tura OW 1 �1' 0 Agent J2itvryte,,0 Addressee celved by (Printed gyame) C. Date of Dekery hitIna 1ri/eitin is- a' A TIT f O (gym item 1? ❑ Yes GRtEL ri5 taaddress below: No MAY n 5 7nnq LIVED Certified Mall O Express Mall Registered O Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery? (Extra Fee) O ye 2. Article Number (Transfer from service label) 7007 1490 0004 7353 1634 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 Page 2 of 2 April 01, 2009 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Maitasiron@co.weld.co.us WEINMAN LEROY & DONNA 735 N 28TH AVE GREELEY, CO 80631 Case: ZCV09-00072 Legal Description: 2PL-5 L5 PULLIAM SUB 2ND FILING SITUS: 735 N 28 AV WELD 00000 Dear: WEINMAN LEROY & DONNA : 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 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.L One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 23-3-20 A above. RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or without flexible, removable or collapsible walls and partitions designed to be used as a dwelling for travel, recreation or vacation USES. The term RECREATIONAL VEHICLE shall include: motor home, camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not extend above the cab of the truck. For the purpose of this Code, a RECREATIONAL VEHICLE shall be subject to all requirements and restrictions for MOBILE HOMES as provided in this Chapter when its placement is intended for nontransient residency. A RECREATIONAL VEHICLE shall not be used for TEMPORARY Storage, TEMPORARY ACCESSORY Farm USE, TEMPORARY ACCESSORY USE During a Medical Hardship, TEMPORARY ACCESSORY USE as an OFFICE, or as a Principal DWELLING UNIT. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION ON APRIL 1, 2009 THE CAMPER/TRAILER SHALL BE UNOCCUPIED. A VIOLATION HEARING WILL BE SCHEDULED AT THE END OF THE 30 DAYS. AT THAT TIME AN EXTENSION CAN BE REQUESTED TO THE BOARD OF COUNTY COMMISSIONERS. Page 1 of 2 ‘stin 1111D c COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us 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 05/01/2009, 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 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, a-, Ann Siron Zoning Compliance Officer pc: ZCV09-00072 Page 2 of 2 March 24, 2009 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us WEINMAN LEROY & DONNA 735 N 28TH AVE GREELEY, CO 80631 Case: ZCV09-00072 Legal Description: 2PL-5 L5 PULLIAM SUB 2ND FILING SITUS: 735 N 28 AV WELD 00000 Dear WEINMAN LEROY & DONNA: 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: A RECREATIONAL VEHICLE ON -SITE WHICH IS BEING OCCUPIED. THERE ARE NO PROVISIONS IN THE WELD COUNTY CODE TO ALLOW THIS TYPE OF USE. 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, Ann Siron Zoning Compliance Officer pc: ZCV09-00072 Page 1 of 1 DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: zc t 09 -ern7; H'Cii ZONING CODE COMPLAINT 0 Staff/Name: izen 0 Other ❑ HEALTH DEPARTMENT O WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL O BUILDING CODE COMPLAINT O PUBLIC WORKS / PEST & WEEDS Citizen's Name (If known): Phone Number I If known): Date Complaint was received: 3 —2 3 -(I, Pending Case /4 (i.e. USR, RE, SE. ect...): • Legal Description: L6 P“//, Q/Y, SA, �nd1[yll�' Parcel ii: enb j" 3(p - 0- ne-/ - Cn Violation Address: 73—j N a, g of u ( 6 me_ 1 e It Property Owners Name: (-7,,,, /2( t�r� 1 Oj& Ltra'y ¢ Uonr)zt wP�'n ma/ 1 Property Owners Address: Tenant's Name: _ Tenant's Address: NATURE Phone: Phone: COMPLAINT: Additional Notes: Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1379286 Tax Area: 0685 Acres: 0.2484 Township Range Section Quart. Sec. 06-66-36-0 Owners Name & Address: REVERING CRAIG T C/O LEROY & DONNA WEINMAN 735 N 28TH AVE GREELEY, CO 80631 Business/Complex: Sale Date Sale Price $0 Parcel#: 080536004001 Bordering County: Subdivison Name Block# Lot# PULLIAM 2ND FG - - 5 Property Address: Street: 735 N 28 AV WELD City: WELD Sales Summary Deed Type Legal Description Reception # 2PL-5 L5 PULLIAM SUB 2ND FILING SITUS: 735 N 28 AV WELD 00000 Land Type Mobile Home Land Subtotal: Abst Code 1135 Land Valuation Summary Unit of Number of Measure Units Square Feet 10824 Actual Value 10824 $19,808 No Buildings on Parcel Assessed Value $1,580 http://maps2.merrick. com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=O8O53... 3/24/2009 Identify Results Page 1 of 1 Account#: M0228206 Owners Name & Address: WEINMAN LEROY M & 735 N 28TH AVE GREELEY, CO 80631 Additional Owners: WEINMAN DONNA Business/Complex: Mobile Home Valuation Property Address: Street: 735 N 28 AV WELD City: WELD Legal Description Parcel#: 080536004001 2PL-5 IMPS ONLY MH L5 PULLIAM 2ND MOBILE/MODULAR TITLE NO: 03P518963 SERIAL: MP221452 YEAR: 1996 MAKE: WINDSOR SIZE: 16X80 735 N 28 AV WELD 00000 Land Value Impr. Value Total Value Tax Area: Acres: Sq. Ft.: $0 $27,112 $27,112 Township Range Section Quart. Sec. 06-66-36-0 Sale Price $18,000 Sale Date 12/19/2007 Land Assessed Value Impr. Assessed Value Total Assessed Value $0 $2,160 $2,160 Bordering County: Subdivison Name Block# Lot# PULLIAM 2ND FG - - 5 Deed Type MHTL Reception # 03P518963 http://maps2.merrick.com/W ebsite/W e1d/setSgl. asp?cmd=ACCDET&acct=080536004001... 3/24/2009 I 11 -L- I` II li I Hello