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
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COMPLETE THIS SECTION ON DELIVERY
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4. Restricted Delivery? (Extra Fee)
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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
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