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HomeMy WebLinkAbout20093148.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TROY AND JUDY HEFNER AND RANDY KNEEBONE 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, Troy and Judy Hefner and Randy Kneebone, ZCV #0900114, 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 8th day of December, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Troy Hefner, property owner, was 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 January 8, 2010, in order to allow adequate time for the property owners to submit an application for a Use by Special Review permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0900114 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Troy and Judy Hefner and Randy Kneebone 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 January 8, 2010, in order to allow adequate time for the property owners to submit an application for a Use by Special Review permit. 2009-3148 (O'. PL, Ul oc at loco 40 PL0824 VIOLATIONS - ZCV #0900114 - TROY AND JUDY HEFNER AND RANDY KNEEBONE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of December, A.D., 2009. ATTEST: Weld County Clerk to the �oard.5 BY Dep"ut Clerk t`g the Board APPROVE torney David E. Long Date of signature I LI Ilo BOARD OF CO NTY COMMISSIONERS ELD COUN , COLORADO illiam F. Garcia, Chair Dougl-- Rademac -r, Pro -Tern Sean P. Conway 2 /16(2_44(4/L l tii �t�« Brpara Kirkmeyer i it 2009-3148 PL0824 Dlation Summary Rep t BASIC INFORMATION HEFNER TROY D & JUDY K Tenant: RANDY KNEEBONE Compliance Officer: Violation Number: Situs Address: Legal: Location: 370 CR 16.5 LONGMONT, CO 80504 1384 RELIANCE CT ERIE, CO 80516 Bethany Salzman ZCV09-00114 4343 CR 6 24925-C E2W2SE4SW4 23 1 68 EXC UPRR RES (.25R1 D) 4343 6 CR WELD 00000 Location North South East West North of and adjacent to CR 6 and approximately 1/2 mile East of I-25 Broomfield municipal boundaries Broomfield municipal boundaries Broomfield municipal boundaries Althen-Boyer Subdivision (C-3 - Commercial Zoning), Agriculturally Zoned properties and Erie municipal boundaries Parcel Number: 146723000005-R5799986 Acreage: 9.93 Certified Mail Date: 10/02/2009 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 23-3-40.L One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 23-3-20 A above. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. REMEDY As I have previously indicated the operation of a commercial business or storage of commercial equipment requires a Use by Special Review (USR) permit. It is my understanding that the Use by Special Review (USR) application process was explained during the Pre -Application meeting. Please keep in mind that we do have On -Call Planners that are available to assit the public with any questions or concerns. They are available Monday thru Thursday from 7:30 - 4:30 or you can call them at 970-353-6100 Ext. 3540. To better serve you please bring this letter with you. Additionally, the Use by Special Review (USR) permit will need to address the presence of the second house. The building permit records from the previous owner indicate that the second home (mobile/modular home) was to be removed from the property upon completion of the newer home. Therefore, the second dwelling unit will either need to be permitted or removed from the property. RECOMMENDATION The Department of Planning Services staff recommends that this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 2009-3148 'alation Summary Rep ,t 08/26/2009 08/26/2009 08/31/2009 10/02/2009 OTHER CASE 08/31/2009 10/19/2009 10/23/2009 10/23/2009 11/19/2009 Complaint Validated LTTR: 5 Day Letter LTTR: Violation Notice LTTR: Hearing Notification HISTORY Phone Call Certified Mail Receipt Other Other Certified Mail Receipt Troy Hefner called (720-261-3511). He said he received my letter and just had a few questions. He said the business just rents that shop to park their equipment. I explained that still required specific zoning permits of which the first step was a Pre -Application meeting. I explained the Pre -Application Request form and explained that the Planners would then walk him through the USR application process and try to point him in the right direction. He said go ahead and send me that paperwork. I told him I would enclude it with the 30 day letter, but to go ahead and submit that application as soon as possible. Violation Hearing Notification letter returned as "Unclaimed - Unable to Forward". Resent Violation Hearing notification via regular US Postal Service on 10/23/09 to: 370 CR 16.5 Longmont, Co 80504 Resent Violation Hearing notification via Certified Mail to: 4245 CR 6 Erie, Co 80516 Violation Hearing Notification letter returned as "Unclaimed - Unable to Forward" ((4245 CR 6, Erie, Co 80516)). COIN, October 02, 20 HEFNER TROY 370 CR 16.5 LONGMONT, C..T Case: ZCV09-C Legal Descripti- 24925-C E2W2 Dear HEFNE The property re meeting with th The above men Code: Chapter 2? 23-3-20 U 23-3-20.A created ur 23-3-30 A 23-3-40 U 23-3-40.L under Sec: 23-3-40. R Review in an approvl of any regi to use the To bring your pi As I have equipment Use by Sp( meeting. P public with 4:30 or you letter with you. z z z 5 0 z z w F x z o m - , n N o w :MONO ®®®®®® E 408o ita CD LL SN w J 'i/t 7005 1160 0001 4 023 O O o • co • O U • in LT.) 74. xvW (I( ri P,. __.q `Y ❑ a a i u c o o u WoQ p 4I 2L #, N OHO :_-_- r- c` J Zia LI CJ CS az_i -i = IN JJO al C r 4 ,- 2 w Z -i 7. ei X ' N C3 _ H z ra Weld County Planning Department GREELEY OFFICE NOV 19 7nftq RECEIVED U _ O la a U ING DEPARTMENT ar II 3555 ≥Id.co.us i00 scheduled a Weld County ;el of land se permitted )y Special I is not a lot in or to adoption of be permitted le of commerci; ding that the Application able to assit the ay from 7:30 - se bring this Additionally, the Use by Special Review (USR) permit will need to address the presence of the second house. The building permit records from the previous owner indicate that the second home (mobile/modular home) was to be removed from the property upon completion of the Page 1 of 2 tolD - Ri m In S 0 C -n rl a if) C C N U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail. Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To "Threat, ApC" o.i , 1 or PO Box No. �a s.. Ciry, State, ZIP+4 111CCCJJJ��� 3l l(� oik iJ 6 ai. Postmark Here Ace vio October 02, 201 HEFNER TRO` 370 CR 16.5 LONGMONT, C Case: ZCV09-C Legal Descriptic 24925-C E2W2 Dear HEFNER The property rel meeting with the 12/D8/2009 I The above men. Cs U Code: Chapter 23-3-20 U: 23-3-20.A created un, 23-3-30 Ac 23-3-40 U: 23-3-40. L under Sect 23-3-40. R Review in t an approve of any regu to use the To bring your prc As I have pr equipment r Use by Spec meeting. PI: m public with a 4:30 or you UU GX1. JJ9V letter with you. MI% _...� 6O01 61. till 301330 A31332lO }uautiedep 8uluueld A;unop pNeM z H — = • m 0 — :-' z m D -4 0 • 0 ucc ti - r rzj = o ;nez r of i J-4 81 - OHO 3 r = x rit; • 0 Orr! - 67 t Z = lJ C r aD II b a • 0 0 10 _ m • Q eoisztot O4? 00 091T SOUL C) •C) �C°zr m-3CiZn m :<xcm o n in O a) '0.< o 0 c` Y m • O I-, m z ✓ -3 z -a o z -11 o b o r o z ~i 2 ~' 2 O • N., ? r O -i Ems. N 0�;, C 6 m Ca a p (O - c C a MING DEPARTMENT :erll 3555 'eld.co.us )00 scheduled a Weld County =el of land e permitted y Special is not a lot in rr to adoption it be permitted e of commerci; ing that the Application )le to assit the y from 7:30 - U ucuer serve you please bring this Additionally, the Use by Special Review (USR) permit will need to address the presence of the second house. The building permit records from the previous owner indicate that the second home (mobile/modular home) was to be removed from the property upon completion of the Page 1 of 2 COLORADO October 02, 2009 HEFNER TROY D & JUDY K 370CR16.5 LONGMONT, CO 80504 Case: ZCV09-00114 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.cous Legal Description: 24925-C E2W2SE4SW423 1 68 EXC UPRR RES (.25R1D) 43436 CR WELD 00000 Dear HEFNER TROY D & JUDY K: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 12/08/2009 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 23-3-40.L One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 23-3-20 A above. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: As I have previously indicated the operation of a commercial business or storage of commerci; equipment requires a Use by Special Review (USR) permit. It is my understanding that the Use by Special Review (USR) application process was explained during the Pre -Application meeting. Please keep in mind that we do have On -Call Planners that are available to assit the public with any questions or concerns. They are available Monday thru Thursday from 7:30 - 4:30 or you can call them at 970-353-6100 Ext. 3540. To better serve you please bring this letter with you. Additionally, the Use by Special Review (USR) permit will need to address the presence of the second house. The building permit records from the previous owner indicate that the second home (mobile/modular home) was to be removed from the property upon completion of the Page 1 of 2 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.cous newer home. Therefore, the second dwelling unit will either need to be permitted or removed from the property. 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. Bethany Salzm'-n Zoning Compliance Officer II pc: ZCV09-00114 0001 4539 4042 -u rR r3 Lrl O Sent T O U.S. Postal Service1M CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage 8 Fees Postmark Here r` IStreet, Ipt.. Fa or PO Box No. Ca- i tate, ZIP -4 --/& C a iLQ, `_) C Page 2 of 2 cc'"1fwt Print Farrri" iulinl{t dyi mail WELD COUNTY PRE -APPLICATION REVIEW REQUEST The pre -application request is the preliminary review of a land use proposal. Pre -application reviews are required prior to beginning the application process; however, this review is not an application. Pre -application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. Pre -Application reviews are held Thursday and Friday of any given week in the Greeiey office. To be on the pre -submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property Including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map delineating the property location, in addition to the other items listed. The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre -application review request. • Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. • Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: To Li no J1,( dui )-1tJ u /- Phone: 303 - toca--54l l s 7x>- ate I- 351' Fax: 30 5-C,Sit-R70U Email: IigiCiliii ZTG1,j(-6. ri•ISl1 • rtzr, Address: ,370 ex; i .LJi'1 iLi RA / � ',/,,a / L/rv'y 7Y.>ld i lb SU j-i C' Project Description: J Stprcige, (ASi /-10r knrn cued area in hok Property Information: Toolsand er-tpvhen+, Section -Township - Range �3 - (U -L0 Lc) Zoning ,LCI(i• (IA l-}IAt`r'l Parcel Number I' - f 10703 co 000 5 Acreage I b Site Address 4!-3413 0vit,ili p14 (i, (Liu Water Source we Id Cd{l#.tzti Legal Description 5- 2j w;2,) s E v, 5 Lobi- 23, , IQ gi•,{sewer eta TI C Owner Name In) Is this property currently in violation? Preferred date and time for meeting: OtfiCe Use Only Project Title: Description: Review Date: Weld County Department of Planning Services Greeley Office - 918 10m Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Ipp, Yes fl No i�Oti1L( Case Number ?OucP-C DI1L Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 W S'i • oo• +Boy au.' '1" = loop CONCRETl a fhrRC ROW' Q.WAR I' DOT A LESS ROAD iert II f" FRA.£ :tvp II!C STAMLA. ,e• IAT—lopt-OO * TE DITCH I PAfd ' OF SW 1/4 23 -IN -Sew ' 4 Cog. near rn..s...... rmr 'IRT . TM9 PONTOH 14 AR t A4 PMT OF Ob• RP• IRe E�: AypHAIT ROApW�Y 'id;;:"c'iek6'. :4744.. -.t... n, r.• WtL0 CouN 1 2+341-3 (Aid Co tt4 Rd T6 1-i6 r -7d-o-c)-C21- :Fad( 7oT3ss-sels D T ORNERAT E'/g of w/ ofL.e46,S' -a3,riN,P6Sw WLla , Co Mama COvgnia 10AlCO I TROY & JUDY HEFNER 370 Weld County Road 16.5 Longmont, CO 80504 September 9, 2009 Weld County Department of Planning Bethany Salzman 918 — 10th Street Greeley, CO 80631 Re: 4343 Weld County Road 6, Erie, CO Parcel 146723000005 E2W2SE4SW4 23 -1N -68W Case ZCV09-00114 303-682-5418 "11,O -Z(.\ •3c\\ Attached please find a pre -application review request for a change of use for a portion of the property at the above address. We would like to obtain a variance to allow for storage of non -farm related equipment and tools in the barn and the area west of the barn. No changes should be needed in roads, drainage, or landscaping. This property is adjacent to the Althen Boyer Commercial Unit Development and is directly east of Jeeps Unlimited and AARV Storage, which I also own. I have included a site map and aerial photo for your consideration. Thank you for your consideration in this matter. Sincerely, Tidy Hefner fi&cxrw hiDe COLORADO August 31, 2009 HEFNER TROY D & JUDY K 370 CR 16.5 LONGMONT, CO 80504 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us Case: ZCV09-00114 Legal Description: 24925-C E2W2SE4SW4 23 1 68 EXC UPRR RES (.25R1D) 4343 6 CR WELD 00000 Dear: HEFNER TROY D & JUDY K : 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. 23-3-40 Uses by special review 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: As I indicated in my initial letter the operation of a commercial business or storage of commercial equipment requires a Use by Special Review (USR) permit. The first step in this process is a Pre -Application Request meeting. This step is completely free to the application, but does require submital of a short application. Please see the enclosed application or see the following web address: http://www. co.weld. co. us/depa rtments/plann i ng/Plan n i ng/Proced ural_Guides6-15-08/PreAp plication%20Request%20(2).pdf This web address will take you to the Pre -Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning & Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre -Application Request link (the 3rd one down). • Page 1 of 2 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 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 10/01/2009, 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, N Bethany Salzman Zoning Compliance Officer II pc: ZCV09-00114 Page 2 of 2 rint Form Submit by Email P WELD COUNTY PRE -APPLICATION REVIEW REQUEST The pre -application request is the preliminary review of a land use proposal. Pre -application reviews are required prior to beginning the application process; however, this review is not an application. Pre -application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. Pre -Application reviews are held Thursday and Friday of any given week in the Greeley office. To be on the pre -submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map delineating the property location, in addition to the other items listed. The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre -application review request. Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Phone: Fax: Email: Address: Project Description: Section -Township - Range Zoning Parcel Number Acreage Site Address Water Source Legal Description Sewer Owner Name Is this property currently in violation? Preferred date and time for meeting: pe\Yes r- No Case Number 2C- cU1ILi Office Use Only Project Title: Description: Review Date: Weld County Department of Planning Services Meeting Date/Time: Greeley Office - 918 10th Street. Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: To view the Weld County Code, please go to www.co.weld.co.us, {OR (SPR) SITE PLAN REVIEWS: e ef project narrative explaining request ❑ Conceptua ' - .. • ..wing all struci ..r ing, nearby roads, and driveway access ❑ Existing contours and pro...: r.. ❑ Conceptual dr.. - ❑ Con : 'a building elevations "onceptuallandscape plan FOR (USR) USE BY SPECIAL REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): Brief proj - arrative explaining request Exhibit showing . - ' ed changes to be made Location map showing pr Conceptual zoning map sho Conceptual site pl. i : .wing all structures Existing • .urs and proposed grades C.• ptual drainage LI Conceptual landscape plan g area and adjacent uses and proposed zoning n• , nearby roads, and driveway access Weld County Department of Planning Services Greeley Office 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 hiDe COLORADO August 26, 2009 HEFNER TROY D & JUDY K 370 CR 16.5 LONGMONT, CO 80504 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: ZCV09-00114 Legal Description: 24925-C E2W2SE4SW4 23 1 68 EXC UPRR RES (.25R1D) 4343 6 CR WELD 00000 Dear HEFNER TROY D & JUDY K 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: operation of a commercial business without the required Use by Special Review (USR) permit. The first step in this process is a Pre -Application Request meeting. This step is completely free to the application, but does require submital of a short application. Please see the enclosed application or see the following web address: http://www. co.weld. co. us/departments/planning/Planning/Procedural_Guides6-15-08/PreAp plication%20Request%20(2). pdf This web address will take you to the Pre -Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning & Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre -Application Request link (the 3rd one down). 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, ethany Salzm Zoning Compliance Officer II pc: ZCV09-00114 Page 1 of 1 ID number: Entity name: Document processing fee If document is filed on paper If document is filed electronically Late fee if entity is in noncompliant status If document is filed on paper If document is filed electronically Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit wwwsos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. M"-FIIed $100.00 $ 10.00 $ 50.00 $ 40.00 Colorado Secretary of State Date and Time: 12/20/2008 12:42 PM ID Number: 19981095590 Document number: 2008165752 Amount Paid: $10.00 ABOVE SPACE FOR OFFICE USE ONLY Annual Report filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S) 19981095590 RANDY KNEEBONE EXCAVATING & TRUCKING, INC. Jurisdiction under the law of which the entity was formed or registered: Colorado 1. Principal office street address: 2. Principal office mailing address: (if different from above) 1384 Reliance Ct (Street name and number) Erie CO 80516 (City) (Province— if applicable) (State) (Postal/Zip Code) United States (Country — if not US) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province — f applicable) (Country — if not US) 3. Registered agent name: (if an individual) (First ) t) (Middle) (Suffix) OR (if a business organization) Randy Kneebone Excavating and Trucking Inc. 4. The person identified above as registered agent has consented to being so appointed. REPORT Page I of 2 Rev. 07/17/08 5. Registered agent street address: 6. Registered agent mailing address: 1384 Reliance Ct (Street name and number) Erie CO 80516 (City) (State) (Postal/Zip Code) (if different from above) (Street name and number or Post Office Box information) Notice: (City) (State) (Postal/Zip Code) (Province —if applicable) (Country— ifnot US) Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 7. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Kneebone (Last) 1384 Reliance Ct. Randy (First) (Middle) (Suffix) (Street name and number or Post Office Box information) Erie CO 80516 (City) (State) (Postal/Zip Code) United States (Province— lfapplicable) (Country —if not US) (The document need not state the true name and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing. mark this box ❑ and include an attachment stating the name and address of such individuals) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 or? Rev. 07/17/08 Identify Results Page 1 of 3 Account#: R5799986 Tax Area: 2324 Acres: 8.75 Township Range Section Quart. Sec. 01-68-23-0 Owners Name & Address: HEFNER TROY D 370 COUNTY RD 16.5 LONGMONT, CO 80504 Additional Owners: HEFNER JUDY K Business/Complex: Sale Date 2/3/1988 WELD COUNTY ASSESSOR PROPERTY PROFILE Sale Price $175,000 Parcel#: 146723000005 Bordering County: Subdivison Name Block# Lot# Property Address: Street: 4343 6 CR City: WELD Sales Summary Deed Type Legal Description Reception # 02132770 24925-C E2W2SE4SW4 23 1 68 EXC UPRR RES (.25R1D) 4343 6 CR WELD 00000 Land Type Agricultural Minerals Land Subtotal: Land Valuation Summary Unit of Number of Abst Code Measure Units 4127 Acres 8.75 5150 Acres 160 Bldg# Property Type 2 3 4 5 6 Out Building Out Building Out Building Out Building Residential Improvements Subtotal: Total Property Value 168.75 Buildings Valuation Summary Actual Value $650 Actual Value Assessed Value $190 Assessed Value $249,758 $27,860 $250,408 $28,050 Building Details Account#: R5799986 Parcel#: 146723000005 Owners Name & Address: HEFNER TROY D 370 COUNTY RD 16.5 LONGMONT, CO 80504 Property Address: Street: 4343 6 CR City: WELD http://maps2.merrick. com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=146723... 4/9/2009 Identify Results Page 2 of 3 Buildinq# 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Type Out Building Individual Built As Detail Shed - Utility Pole Frame Metal Siding 0 0 1 0 Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 1971 None 1820 0 Account#: R5799986 Parcel#: 146723000005 Owners Name & Address: HEFNER TROY D 370 COUNTY RD 16.5 LONGMONT, CO 80504 Building# 3 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 4343 6 CR City: WELD Property Type Out Building Individual Built As Detail Shed - Cattle Pole Frame Metal Siding 0 0 0 Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 1977 None 560 0 Account#: R5799986 Parcel#: 146723000005 Owners Name & Address: HEFNER TROY D 370 COUNTY RD 16.5 LONGMONT, CO 80504 Building# 4 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Property Address: Street: 4343 6 CR City: WELD Property Type Out Building Individual Built As Detail Stable Pole Frame Metal Siding 0 0 0 Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1977 None 1800 Units: 0 http://maps2.merrick. com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=146723... 4/9/2009 Identify Results Page 3 of 3 Garage: Attached SQ Ft: Basement: Total SQ Ft: Detached SQ Ft: Finished SQ Ft: Account#: R5799986 Parcel#: 146723000005 Owners Name & Address: HEFNER TROY D 370 COUNTY RD 16.5 LONGMONT, CO 80504 Building# 5 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 4343 6 CR City: WELD Property Type Out Building Individual Built As Detail Shed - Cattle Pole Frame Metal Siding 0 0 1 0 Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1994 None 9280 Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R5799986 Parcel#: 146723000005 Owners Name & Address: HEFNER TROY D 370 COUNTY RD 16.5 LONGMONT, CO 80504 Building# 6 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 4343 6 CR City: WELD Property Type Residential Individual Built As Detail Modular Year Built: 2000 Frame Siding HVAC: None Drywall Built As SQ Ft: 2200 0 Roof Type: Gable 0 Roof Cover: Composition Shingle 1 3 Units: 0 0 Detached SQ Ft: 0 2200 Finished SQ Ft 0 http://maps2.merrick. com/Website/W e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=146723... 4/9/2009 Identify Results Page 1 of 1 Account#: M5800086 Owners Name & Address: MILLER JERRY DEAN & 4343 CR 6 ERIE, CO 80516 Additional Owners: MILLER CORTNEY I Business/Complex: Mobile Home Valuation Legal Description Parcel#: 146723000005 Property Address: Street: 4343 6 CR City: WELD 24925C IMPS ONLY MH PT SW4 23 1 68 MOBILE/MODULAR TITLE: 03M263447 SERIAL: 0502GC191753 YEAR: 1973 MAKE: NEW MOON SITUS: 4343 6 CR WELD 80516 Tax Area: Acres: Sq. Ft.: Land Value Impr. Value Total Value $0 $10,322 $10,322 Township Range Section Ouart. Sec. 01-68-23-0 Sale Price $0 Sale Date Land Assessed Value Imor. Assessed Value Total Assessed Value $0 $820 $820 Bordering County: Subdivison Name Block# Lot# Deed Type Reception # http://maps2.merrick. com/Website/Weld/setSgl. asp?cmd=ACCDET&acct=146723000005... 4/9/2009 Violation Address: WIDc. COLORADO \r„\, /Lc' DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10'" Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: X ZONING CODE COMPLAINT ❑ Staff/Name: M Citizen O other. ▪ HEALTH DEPARTMENT Citizen's Name (If known): ▪ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known) El BUILDING CODE COMPLAINT ❑ PUBLIC WORKS; PEST & WEEDS Date Complaint was received: 4 -9 - Pending Case # (i.e. USR, RE, SE, ect...): Leeal Description: Eptil... w 43q (. sz -r-I(JQ,(pR� "TJ'tJ l_LLP Parcel #: wen1'a5.0-00- ODE Property Owners Name: cSect t 1 —1—YD(. 1) & udw V1 C.O Phone: Property Owners Address: 510 � \ 1c .5 1 Long I C.O y Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: eZi\VC Limit -N bwt'nenn r.orn.A NkorcyzA3k:1/4 nt �c SrI4 Sed .Thga Drvt - wlcuk pew V nee,bores cavDcli r9 - Additional Notes: Susie Velesquez Public Trustee eRecorded in Weld Co' CO Doc Id: 3581702 10/02/2008 10:43 A Receipt#: 7360015 Page: 1 of 7 Total Fee: $36.00 Steve Moreno, Clerk and Recorder PUBLIC TRUSTEE'S CERTIFICATE OF PURCHASE Foreclosure Number: 08-0372 I, the undersigned Public Trustee, certify that pursuant to the power and authority vested in me by law and by the Deed of Trust described as follows: Jerry Dean Miller and Cortney Deane Miller Original Grantor(s) Mortgage Electronic Registration Systems, Inc., as nominee for Original Beneficiary Finance America, LLC, dba FinAm, LLC LaSalle Bank National Association, as Trustee for the registered Current Holder of Evidence of Debt holders of Structured Asset Securities Corporation, Structured Asset Investment Loan Trust, Mortgage Pass -Through Certificates, Series 2005-1 August 31, 2004 Date of Deed of Trust Weld County of Recording September 14, 2004 Recording Date of Deed of Trust: 3218759 Reception No. and/or Book No. and Page No. $ 325,000.00 Original Principal Amount of Evidence of Debt AND, upon the Notice of Election and Demand being filed with me and recorded in said County as follows. February 14, 2008 Recording Date of Notice of Election and Demand 3535286 Recording Reception No. Pursuant to §38-38-103, I fast mailed a Combined Notice of Sale and Right to Cure and Redeem to the original grantor(s) of said Deed of Trust, and to any persons required to be notified by C.R.S. §38-38-103, §38-38-104, §38-38-302, and §38-38-305. I further published the Combined Notice of Sale and Right to Cure and Redeem in a newspaper of general circulation in said Weld County as prescribed by law. AND, on October 01, 2008 at 1.0:00 A NL, at 809 9th Street, Suite 1. Greeley, Co, 80631, I exposed to public sale the property situate in the aforesaid Weld County, State of Colorado, described as follows: THE E1;2 OF THE W1/2 OF THE SEl i4 OF THE SW2I/4 OF SECTION 23, TOWNSHIP 1 NORTH RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. Also known by street and number as: 4343 Weld County Road 6, Erie, CO 80516 At said sale, Troy D. Hefner and Judy K. Hefner, whose legal address is 370 County Rd 16 112, Longmont, CO 80504, bid the sum of $345,383.35 for said property. No deficiency exists under the Evidence of Debt as a result of the successful bid. Being the highest and best bid received therefor, the said property was struck off and sold to said Purchaser. Unless a redemption is made, the said Purchaser or assignee of the Certificate of Purchase shall be entitled to a confirmation deed for said property at the end of all redemption periods allowed by law to all subsequent lienors, and other persons entitled to redeem. The following documents are attached hereto and made a part of this Certificate of Purchase: A copy of the executed Order Authorizing Sale and a copy of all mailing lists submitted to the Public Trustee bearing the Public Trustee's Sale Number. Executed on October 01, 2008 Public Trustee of Weld County, State of Colorado By: Gloria Fabia, Deputy for Public Trustee Attorney File Number: 08-00923 When Recorded Return to. Weld County Public Trustee eRecorded in We, -ounty, CO Doc Id: 3581702 10/02/2008 10:43 A Receipt#: 7380015 Page: 2 of 7 Total Fee: $36.00 Steve Moreno, Clerk and Recorder GRANTED The moving party is hereby ORDERED to provide a copy of this Order to any pro se parties who have entered an appearance in this action within 10 days from the date of this order. 5-n kQ€L - Roger f4JKLein* District Court Judge DATE OF ORDER ON ATTACHMENT District Court DISTRICT COURT, WELD COUNTY, COLORADO Court Address: 901 9th Ave. Greeley, CO 80632 2008CV2785 CO Weld County District Court 19th JD Filing Date: Sep 22 2008 11:17AM MDT Filing ID: 21628580 IN THE MATTER OF THE MOTION OF LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR A COURT USE ONLY • THE REGISTERED HOLDERS OF STRUCTURED ASSET SECURITIES CORPORATION, STRUCTURED Case Number: ASSET INVESTMENT LOAN TRUST, MORTGAGE PASS -THROUGH CERTIFICATES, SERIES 2005-1 FOR AN ORDER AUTHORIZING THE PUBLIC TRUSTEE TO SELL CERTAIN REAL ESTATE UNDER A POWER OF SALE CONTAINED WITHIN A DEED Division: OF TRUST ORDER AUTHORIZING SALE THE REVIEW AND HEARING IN THIS MATTER having been completed by the Court on August 27, 2008: WHEREAS, Jerry Dean Miller and Cortney Ileane Miller, Grantor(s) by Deed of Trust dated August 31, 2004, recorded September 14, 2004 at Reception No. 3218759 in the records of the County of Weld, Colorado, to secure to Mortgage Electronic Registration Systems, Inc., as nominee for Finance America, LLC, dba FinAm, LLC the payment of a Promissory Note of even date therewith for the principal sum of 5325,000.00 as provided in said Deed of Trust, conveyed to the Weld County Public Trustee, on the terms set forth in said Note and Deed of Trust, the following described real property ("Property") situate in said County to -wit: THE E1/2 OF THE Wl/2 OF THE SE1/4 OF THE SW21/4 OF SECTION 23, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. WHICH HAS THE ADDRESS OF 4343 Weld County Road 6 Erie, CO 80516 THE COURT FINDS that there is reasonable probability that: a default exists as alleged in the Motion in order to invoke the power of sale in said Deed of Trust; that the provisions of C.R.C.P. Rule 120 and the Servicemembers Civil Relief Act, as amended, have been complied with; that the venue in this action is proper; and that the order authorizing sale should be granted. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that a sale of the Property by the Public Trustee in the above said County in the State of Colorado, under a power 08-0372 eRecorded in We,, county, CO Doc Id: 3581702 10/02/2008 10:43 A Receipt#: 7380015 Page: 3 of 7 Total Fee: $36.00 Steve Moreno, Clerk and Recorder of sale, pursuant to statute and the provisions of that certain Deed of Trust described above, be and the same hereby is authorized by this Court. It is further ordered that a return of such sale shall be made to this Court for its approval. DONE this Twenty-seventh day of August, 2008 BY THE COURT: Judge/Magistrate Miller / 08-00923 08-0372 eRecorded in Wei. ,ounty, CO Doc Id: 3581702 10/02/2008 10:43 A Receipt#: 7380015 Page: 4 of 7 Total Fee: $38.00 Steve Moreno, Clerk and Recorder Tyre ikr_anrent ruhnp, of the Corer ant _h,cnid,n ,sated le tech Court CO Weld County District Court 19th JD Judge: Roger A Klein File & Serve Transaction ID: 20900232 Case Number: 2008CV2785 Case Name: LASALLE BANK NATIONAL ASSOCIATION AS TRU vs. MILLER, JERRY DEAN et al Court Authorizer: Roger A Klein Court Authorizer Comments: Dated 092208 entered nunc pro tune 082708 /s/ Judge Roger A Klein 08-0372 eRecorded in Weld Col CO Doc Id: 3581702 10/02/2008 10:43 A Receipt#: 7380015 Page: 5 of 7 Total Fee: $36.00 Steve Moreno, Clerk and Recorder APPENDIX A 08-0372 08-00923 Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 Susie Velasquez Public Trustee of Weld County 809 9th Street Suite 1 Greeley, CO 80631 Castle Meinhold & Stawisrski, LLC 999 18th Street, Suite 2201 Denver, CO 80202 Occupant 4343 Weld County Road 6 Erie, CO 80516 Jerry Dean Miller 4343 Weld County Road 6 Erie, CO 80516 Cornet' Beane Miller 4343 Weld County Road 6 Erie, CO 80516 eRecorded in Weld Col 10/02/2008 10:43 A Page: 6 of 7 Steve Moreno, Clerk CO Doc Id: 3581702 Receipt#: 7380015 Total Fee: $36.00 and Recorder APPENDIX A SUPPLEMENTAL MAILING LIST pursuant to C.R.S. 38-38-103(1)(aXU) 08-00923 08-0372 Omen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 Susie Velasquez Public Trustee of Weld County 809 901 Street Suite 1 Greeley, CO 80631 Castle Meinhold & Stawisreki, LIZ 999 18th Street, Suite 2201 Dover, CO 80202 Occupant 4343 Weld County Road 6 Erie, CO 80516 Lessee 4343 Weld County Road 6 Erie, CO 80516 Jerry Dean Miller 4343 Weld Comity Road 6 Erie, CO 80516 Jerry Dean Miller c/o Keith Mostowilz, Eaq 3000 Pearl St Ste 206 Boulder, CO 80301 Cormey Ilene Miller 4343 Weld County Road 6 Erie, CO 80516 Comet' Beane Miller do Keith Moetowitz, Esq 3000 Pearl St Ste 206 Boulder, CO 80301 Physicians Choice Medical, Inc 4343 Weld County Road 6 Effie, CO 80516 Bueboltz & Bull PC Attention: James Bull 83M Sourhpark Lane Littleton, CO 80120 Keith Moatowitz. Esq 3000 Pearl St Ste 206 Boulder, CO 80301 Charles Schlosser 1888 Sherman St Ste 650 Denver, CO 80203 Heritage Bank 2333 N Main St Ste E Longmont, CO 80501 Buckeye Welding Supply Company, Inc PO Boa 1522 Greeley, CO 80532-1522 Buckeye Welding Supply Company, Inc Att James C Bull 5575 I7IC Parkway Suite 225 Greenwood Village, CO 81111.3016 eRecorded in Weld Co' CO Doc Id: 3581702 10102/2008 10:43 A Receipt#: 7380015 Page: 7 of 7 Total Fee: $36.00 Steve Moreno, Clerk and Recorder APPENDIX A 08-00923 08-0372 James C Bull 5575 DTC Parkway Suite 225 Greenwood Village, CO 80111-3016 CapFinancial CV2, ILC do First Community Bank Successor by merger to Heritage Bank 7900 leftmost NE Albuquerque, NM 87109 CapPinaociall CV2, LW 508 Third Street Prinaburg, NM 65281-0038 eRecorded in Weld Cot CO Doc Id: 3586184 10/27/2008 09:12 A Receipt#: 7383601 Page: 1 of 1 Total Fee: $6.00 Steve Moreno, Clerk and Recorder PUBLIC TRUSTEE'S CONFIRMATION DEED SALE NO. 08-0372 THIS DEED is made 10/24/2008 between Susie Velasquez as the Public Trustee of Weld County, State of Colorado, Grantor, and Troy D. Hefner and Judy K. Hefner, Grantee, the holder of the certificate of purchase, whose legal address is 370 County Rd 16 1/2, Longmont, CO 80504. WHEREAS, Jerry Dean Miller and Cortney Ileane Miller did by Deed of Trust dated August 31, 2004 and recorded in the office of the Clerk and Recorder of Weld County, State of Colorado on September 14, 2004 under Reception number 3218759 , convey to the Public Trustee, in Trust, the property hereinafter described to secure the payment of the indebtedness provided in said Deed of Trust; and WHEREAS, a violation was made in certain of the terms and covenants of said deed of trust as shown by the notice of election and demand for sale filed with the public trustee; the said property was advertised for public sale at the place and in the manner provided by law and by said deed of trust; combined notice of sale and right to cure and redeem was given as required by law; said property was sold according to said combined notice; and a certificate of purchase thereof was made and recorded in the office of said county clerk and recorder; and WHEREAS, all periods of redemption have expired. NOW, THEREFORE, the Public Trustee, pursuant to the power and authority vested by law and by the said deed of trust, confirms the foreclosure sale and sells and conveys to grantee the following described property located in Weld County, State of Colorado, to wit: THE E1/2 OF THE W1/2 OF THE SE1/4 OF THE SW21/4 OF SECTION 23, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. Also known by street and number as: 4343 Weld County Road 6, Erie, CO 80516 To Have And To Hold the same, with all appurtenances, forever. EXECUTED the day and year first above written. Public Trustee of \Veld County, State of Colorado By: Gloria Fabia, Deputy' for Public Trustee Attorney file name/number: 08-00923 Susie Velasquez Public Trustee J 3OVINOIlI 'N'tiiiiiil/Urn ■I a. Hello