HomeMy WebLinkAbout20092305.tiffRESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
ZCV#0900093 AGAINST MARTHA FISCHER 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, Martha Fischer, ZCV #0900093, 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 31st day of August, 2009, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Martha Fischer was 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 deems it advisable to refer this matter back to the Department of
Planning Services, due to a Zoning Permit application and a Building Permit application being
submitted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0900093 against Martha Fischer be, and hereby is, referred back to
the Department of Planning Services.
2009-2305
PL0824
60; 1)1-,
VIOr
VIOLATIONS - ZCV #0900093 - MARTHA FISCHER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 31st day of August, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to
BY'.
Deputy Clerk to the
APPROORM:
i
County Attorney
Date of signature' 9/N/0?
EXCUSED
William F. Garcia Chair
ougl. s Radem : her, Pro-Tem
Sean P. Conway
arbarirkmeyer T /
David E. Long
2009-2305
PL0824
Violation Summary Report
BASIC INFORMATION
FISCHER MARTHA E 7296 DRY CREEK ROAD NIWOT, CO 80503
Tenant:
PAT THORPE 4519 CR 32
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
Parcel Number:
Bethany Salzman
ZCV09-00093
4519CR32
PT SW4SE4 14-3-68 LOT B REC EXEMPT RE -1109 (1.66R) 4519 32 CR
WELD
Location North of and adjacent to CR 32 and East of and adjacent
to CR 9.5 ROW
North Agriculturally Zoned properties
South Agriculturally Zoned properties within the MUD and
C -3/I-3 Business Park
East Agriculturally Zoned properties
West Agriculturally Zoned property and Mead muncipal
boundary
120714000083-R0170389 Acreage: 38.44
Certified Mail Date: 07/20/2009
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.
23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of
this Chapter.
REMEDY
As we have previously discussed, the presence of a 2nd dwelling unit (in this case a mobile home)
without the necessary Zoning and Building permits constitutes a Violation. Please keep in mind if the
appropriate applications are submitted and issued prior to August 10, 2009, the above violation case
will be cancelled.
RECOMMENDATION
The Department of Planning Services recommends this case be forwarded to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
05/19/2009
05/19/2009
05/26/2009
07/20/2009
Complaint Validated
LTTR: 5 Day Letter
LTTR: Violation Notice
LTTR: Hearing Notification
OTHER CASE HISTORY
05/05/2009
06/08/2009
Property Inspected
Office Visit
Upon a visual inspection of the property, the following
items were noted: a mobile home has been added w/out
permits. No pictures were taken during this inspection.
Pat Thorpe (720-313-8153) came into the Greeley
Planning Office and met with Wendi Inloes and I. We
2009-2305
Violation Summary Report
07/22/2009 E -Mail Sent
08/05/2009 E -Mail Sent
discussed the presence of the mobile home (which her
son and daughter in law are occupying). She stated that
in 1997 they replaced the existing mobile home (which
was not occupy able) with a 1972 single wide mobile
home (which is in really good condition). She said her
husband then had a stroke in 2005 and has required
constant care since. Her son and daughter moved in to
the mobile home shortly after the stroke in 2005 to help
her with their father. Wendi gave her the ZPMH -
medical hardship paperwork and a building permit and
walked her through the ZPMH application. Pat said she
would get it turned in as soon as possible.
Sent e-mail to Pat Thorpe advising her of the August 11,
2009 Violation Hearings.
I sent another e-mail to Pat Thorpe reminding her of the
Violation Hearing.
hiDeCOLORADO
July 20, 2009
FISCHER MARTHA E
7296 DRY CREEK ROAD
NIWOT, CO 80503
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
Case: ZCV09-00093
Legal Description:
PT SW4SE4 14-3-68 LOT B REC EXEMPT RE -1109 (1.66R) 4519 32 CR WELD
Dear FISCHER MARTHA E:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
08/11/2009 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.
23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of
this Chapter.
To bring your property into compliance with the Weld County Code:
As we have previously discussed, the presence of a 2nd dwelling unit (in this case a mobile
home) without the necessary Zoning and Building permits constitutes a Violation. Please keeg
in mind if the appropriate applications are submitted and issued prior to August 10, 2009, the
above violation case will be cancelled.
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.
Page 1 of 2
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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
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,
?�h
Bethany Salzn
Zoning Compliance Officer II
pc: ZCV09-00093
U.S. Postal Service”,
CERTIFIED MAIL 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
Page 2 of 2
016cr
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
May 26, 2009
FISCHER MARTHA E
7296 DRY CREEK ROAD
NIWOT, CO 80503
Case: ZCV09-00093
Legal Description: PT SW4SE4 14-3-68 LOT B REC EXEMPT RE -1109 (1.66R) 4519 32 CR WELD
Dear: FISCHER MARTHA E :
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.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.
23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this
Chapter.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter, it appears as though a mobile home has been added to
the property without first obtaining a Zoning Permit for a Mobile Home (ZPMH) or a Building
Permit.
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
06/26/2009, 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
a:7%4s\
hOc
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
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: ZCV09-00093
May 19, 2009
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
FISCHER MARTHA E
7296 DRY CREEK ROAD
NIWOT, CO 80503
Case: ZCV09-00093
Legal Description: PT SW4SE4 14-3-68 LOT B REC EXEMPT RE -1109 (1.66R) 4519 32 CR WELD
Dear FISCHER MARTHA E:
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:
My records indicate that a mobile home was added to the property without first obtaining a
Zoning Permit for a Mobile Home (ZPMH) or a Building Permit. Please see the enclosed
Zoning and Building permit application forms.
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,
atr\
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV09-00093
Page 1 of 1
ZONING PERMIT MOBILE HOME (ZPMH) SUBMITTAL CHECKLIST
(A PRINCIPLE DWELLING UNIT, TEMPORARY USE DURING CONSTRUCTION OF RESIDENCE, TEMPORARY
STORAGE (UNLESS OTHERWISE SPECIFIED), TEMPORARY ACCESSORY FARM USE, TEMPORARY
ACCESSORY USE DURING MEDICAL HARDSHIP, TEMPORARY ACCESSORY USE AS AN OFFICE AND
MOBILE HOMES IN THE C (COMMERCIAL) OR I (INDUSTRIAL) ZONE DISTRICT)
APPLICATION REQUIREMENTS:
One original application form plus six copies (page 6)
One original drawing plus six copies. A scaled drawing of the property (1"=50') needs to show the proposed
location of the mobile home. Include distances between the property lot lines and proposed mobile home 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 (page 7)
Two copies of a document showing evidence of adequate water supply (e.g. well permit or letter from water
district). This is not required if applying for temporary storage of a mobile home.
Two copies of a document showing evidence of adequate methods of sewage disposal (e.g. septic permit).
This is not required if applying for temporary storage of a mobile home.
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, the
Weld 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 (30) days prior to the date the application is submitted to the Department of Planning
Services.
One copy of the completed Application for a Mobile Home Building Permit
Application 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 six complete application packets and
bound with binder clips br 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 06-15-08
-1-
Identify Results
Page 1 of 3
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0170389
Tax Area: 2309
Acres: 37.47
Township Range Section Quart. Sec.
03-68-14-0
Owners Name & Address:
FISCHER MARTHA E
7296 DRY CREEK ROAD
NIWOT, CO 80503
Business/Complex:
Sale Date
5/15/1996
Sale Price
$370,000
Bordering County:
Parcel#: 120714000083
ZU/DR-DC613
Subdivison Name Block# Lot#
Property Address:
Street: 4519 32 CR
City: WELD
Sales Summary
Deed Type
WD
Legal Description
Reception #
2491736
PT SW4SE4 14-3-68 LOT B REC EXEMPT RE -1109 (1.66R) 4519 32 CR WELD
Land Type
Agricultural
Agricultural
Land Subtotal:
Land Valuation Summary
Abst Code Unit of Number of
Measure Units
4147 Acres 11
4117 Acres 26.47
Bldg# Property Type
1.
2
3
Residential
Out Building
Out Building
Improvements Subtotal:
Total Property Value
Account#: R0170389
Owners Name & Address:
FISCHER MARTHA E
7296 DRY CREEK ROAD
NIWOT, CO 80503
Building#
1
37.47
Buildings Valuation Summary
Building Details
Property Type
Residential
Actual Value
$12,076
Actual Value
Assessed
Value
$3,510
Assessed
Value
$241,826 $19,970
$253,902 $23,480
Property Address:
Street: 4519 32 CR
City: WELD
Individual Built As Detail
Parcel#: 120714000083
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Identify Results
Page 2 of 3
Built As: 2 Story
Exterior: Frame Masonry Veneer
Interior Finish: Drywall
# of Baths: 3
# of Bdrms:
# of Stories: 2
Rooms: 0
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Account#: R0170389
Owners Name & Address:
FISCHER MARTHA E
7296 DRY CREEK ROAD
NIWOT, CO 80503
552
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
1967
Forced Air
2206
Composition Shingle
Units: 0
Detached SQ Ft: 0
1426 Finished SQ Ft: 0
Building# Property Type
2 Out Building
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Account#: R0170389
Owners Name & Address:
FISCHER MARTHA E
7296 DRY CREEK ROAD
NIWOT, CO 80503
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: 4519 32 CR
City: WELD
Individual Built As Detail
Shed - Utility Year Built:
HVAC:
0
0
0
0
Property Type
Out Building
Built As SQ Ft:
Roof Type:
Roof Cover:
Parcel#: 120714000083
1977
None
705
Units: 0
Detached SQ Ft:
Finished SQ Ft:
Property Address:
Street: 4519 32 CR
City: WELD
Individual Built As Detail
Shed - Utility Year Built:
HVAC:
Built As SQ Ft:
0 Roof Type:
0 Roof Cover:
0
0 Units:
Detached SQ Ft:
Finished SQ Ft:
Parcel#: 120714000083
0
None
1
0
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Identify Results Page 3 of 3
http://maps2.merrick. com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=12071... 3/30/2009
Bethany Salzman
From:
Sent:
To:
Cc:
Subject:
Beth:
Phillip Brewer
Tuesday, March 24, 2009 10:47 AM
Bethany Salzman
Trevor Jiricek
Possible Code Violation
I want to let you know of an anecdotal comment that was made to me during when I was
investigating a complaint of soil erosion for a complainant.
The comment was made that a mobile home located on:
Parcel #: 120714000083
4519 WCR 32
Owner: Martha E. Fischer
may not be in compliance with building codes (utility hookups) or even permitted to be
located on this parcel.
The soil erosion from over grazing, by primarily horses, was the reason for the
investigation for massive transferrals of top soil onto adjoining properties. I have
investigated the problem and through Trevor it was referred to the Soil Conservation
office located in Longmont, and now has been referred to Stephanie Arries for further, and
legal, oversight.
is: who live on one of the parcels located
Phil
1
M11
n.ernti..aN 2491736 B-1547 P-1030 05/20/96 02:47P PG 1 OF 1
Weld County CO Clerk & Recorder
WARRANTY DEED
THIS DEED. Made this 15th day of May ,19 96
between James K. M. Jurgens and Cathleen N. A. Jaworski
I' the County of Weld and Slain of Colorado
and Martha E. Fischer
REC DOC
6.00 37.00
wince legal address is 4519 Weld County Road 32, Longmont, Colorado
of the County of Weld and Slate of Colorado ,grantee:
WITNESSETH. That the grantor. for and it) consideration of the sure of THREE HUNDRED
AND NO/100
80504
SEVENTY THOUSAND
DOLLARS. ($370, 000. 00 J.
the receipt and sufficiency of whirl' is hereby acknowledged_ has granted. bargained, sold and tonveyetl, and by these piecents
toes grant. bargain. sell. convey and conl inn. unto the grantee. bix beira and assigns forever, all the told property together with
nrpnrvemeaLs. if any. situate. lying and being in the County of Weld , and Slate of Colocalo,
deseti bed as follows.
Lot "B• of Recorded Exemption No. 1207-14-4-RE1109, as per the map recorded
October 24, 1988 in Book 1213 at Reception No. 2159485, being a portion of the
Southwest Quarter of the Southeast Quarter of Section 14, Township 3 North,
Range 68 West of the 6th P.M.,
County of Weld,
State of Colorado.
All oil, gas and mineral rights owned by sellers are included in purchase price
The royalties from the existing oil and gas wells shall belong to the sellers
for the life of these existing wells. Any royalties from new oil and gas wells
from date of closing of this transaction shall belong to buyer.
also known by street and number as 4519 Weld County Road 32, Longmont, Colorado 80504
TOGE'T'HER with all and singular the heicdit lncul,s and appurtenances Ihereutuo belonging. or in anywise appertaining. and
the reversion and reversions. remainder and reinainde,s, Nets, issues and profits thereof, and all the estate, right, title, interest,
claim and demand whatsoever of the grantor. either in law in amity. of. in and to the :dove bargained premise., with the
h('redimments and appurtenances.
TO HAVE AND 'fO HOLD the said 'itemises above bargained and described, with the appurtenances. unto Ills gaautee. his
Irons and assigns forever. And the grantor. for hintsell. his heirs and personal representatives. does covenant. grant, haigain and
a gone ru and with the grantee. his heirs and assigns. that at the time of the ensealing and delivery of these presents, he is well
seized tit the penises above conveyed. has good. sure. perfect. absolute and indefeasible estate of inheritance. in taw, in
fee simple, and has good right. full power and lawful authority to grant, bargain, sell and convey the same in manner and foam
as aforesaid. and that the same are freeand clear lion ail firmer and other grants, bargains, sales, liens, taxes. assessments.
encumbrances and restrictions of whatever kind or lit sere soever. except for taxes for the current year, a lien but not yet doe
r vatic,casements, restrlctlnns,reservntions, covenants and rlRhte'nhway of record, if tasty, EXCEPT THAT
O175 OF TRUST DATED November 20, 1992, RECORDED December 16, 1992, Book 1363
at Reception No. 2314967, given to secure a promissory note, the balance of
which the grwill WARRANT
hereby FOREVER
sot -eels) assume and pay.
The grantor shall and will W ARRANT AND FOR b:V BIt IHFHNU the above -bargained premises in the quiet and peaceable posses
. on rf tam. gnmlee, his hilts and assigns. :gains! all and every person or persons lawfully claiming the whole or ally part thereof.
sin attar nwnhei shall yelude the plural. thee I turul the singular. and the use of any gender stall he applicable to all render.
lyg4 .
k:.0e grantor has executed this deed on the dale sat forth above_
gens
r nto
STATE OF COLORADO
COUNTY OF BOULDER
4•
Az „7� tjgore/rlLt
nth Ben M. A. JaworA t
The foregoing instrument was acknowledged beim° ere hilt 15th tray of May
Carnes K. M. Jurgens and Cathleen N. A. Jaworski
dy Carnmiseion expires: I -?O - 57
'Witness any hand aofficial .seal.
.1996 shy
Notary Public
.:;t fAGE'tITLE
\t ARRANTY lEE) (for Phurogralhie Ree..ra)
6,l.)' CcFt143k'(14:
I'daa CDmGlatest,
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