HomeMy WebLinkAbout20093147.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST SF2, LLC/MICHAEL SHAW 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, SF2, LLC/Michael Shaw, ZCV #0900248, 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 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, SF2, LLC/ Michael Shaw 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 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 owner to bring
the subject property into compliance by registering and licensing the camper trailer, or removing
the camper trailer from the property, 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 #0900248 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against SF2, LLC/ Michael Shaw 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 owner to bring the subject property into compliance by registering and licensing the
camper trailer, or removing the camper trailer from the property, and for an inspection of the
property by the Department of Planning Services staff.
2009-3147
00 P i V/OL 0/6(2O
PL0824
VIOLATIONS - ZCV #0900248 - SF2, LLC/MICAHEL SHAW
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.
BOARD OF QQ,UNTY COMMISSIONERS
ELD COUNT A COLORADO
ATTEST:
k"
Weld County Clerk to the Bdard
BY
Depot
9P -PROVED AA
Count ttorney
Date of signature
ademach
61)
SeamP.Conway
r, Pro-Tem
L / JA 1h-64/AA
arbara Kirkmeyer
David E. Long
2009-3147
PL0824
` "'elation Summary Rep -t
BASIC INFORMATION
SF2 LLC
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
PO BOX 1227
LONGMONT, CO 80502
Bethany Salzman
ZCV09-00248
0 WELD
25250-E E2SW4 29 2 68 N&W OF N LN OF CB&Q RR & THAT PT NIW4SE4
LYING N&W OF RR R/W EXC DENVER UTAH & PACIFIC RR RAN (2.5R)
Location: South of and adjacent to CR 16.5 and East of and adjacent
to CR 3.25
Frederick municipal boundaries and Agriculturally zoned
properties
Agriculturally zoned properties and approximately 1 mile
North of Hwy 52
Agriculturally zoned properties and Frederick municipal
boundaries
Continental View Pond PUD (R-1) and Reflection Bay PUD
(Estate) and Agriculturally zoned properties
Parcel Number: 131329000076-R5651386 Acreage: 64.30
Location
North
South
East
West
Certified Mail Date: 10/01/2009
Currently the property is in violation of:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
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
During our on -site inspection we discussed the need to maintain a current license plate on the
camper/trailer. I was left with the impression that you would immediately initiate the process towards a title
search so you could obtain a current license plate.
On a separate note, we discussed that you would need to get in touch with Clay Kimmi (Public Works) and
the Building Department to determine any necessary applications. After speaking with Clay it does appear
that a Flood Hazard Development Permit is required. Additionally, after speaking with Peggy Gregory,
Building Compliance Officer, it is also my understanding that a building permit for the dock and sifting area
will also be required.
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
08/17/2009
08/17/2009
08/28/2009
10/01/2009
OTHER CASE
08/14/2009
Complaint Validated
LTTR: 5 Day Letter
LTTR: Violation Notice
LTTR: Hearing Notification
HISTORY
Property Inspected
2009-3147
Upon a visual inspection conducted by Kim Ogle, the
following items were noted: 2 mobile homes (without
permits) and a dock w/out building permits). All of which
` -elation Summary Rep I
appear to be situated within the flood plain. No pictures
were taken during this inspection.
09/09/2009 Property Inspected During an on -site inspection with Michael & Ginny Shaw,
the following items were noted: They have 1 (one)
camper/trailer parked on the property. It is not connected
to any utilities. They indicated that no one sleeps in the
unit - it is there in case anyone needs to change their
clothes. I explained that it needs to maintain a current
license plate - if Public Works allows it to stay on the
property since they are in the floodplain. They indicated
that they do not have the title. I walked them through the
title search process and then applying for a title. I also
referred them to Clay Kimmi (with Public Works) regarding
the dock, covered area and concrete fenced enclosure. I
advised them that I believed they would need to obtain a
flood hazard development permit (FHZD). I also referred
them to Peggy Gregory (Building Compliance Officer) since
it appeared they would also need a building permit. They
said they would contact both individuals as soon as
possible. They also indicated they were going to start the
process on obtaining a current license plate on the
camper/trailer. No pictures were taken during this
inspection.
10/05/2009 Certified Mail Receipt Certified Receipt received - signed.
10/22/2009 Phone Call Mike Shaw (970-396-5506) called and left a voice mail
indicating that he had spoken to Clay and he had submitted
all the informationt that Clay had indicated he wanted. He
said he is also working on the trailer situation. He told me
to call if I had any questions.
11/04/2009 Phone Call I called Mike Shaw (970-396-5506) and asked him how
things were going. He said well. He said he would touch
base with Clay again. I asked about the RV. He said they
had ran into some problems with that. He asked if he
removed it if that would bring the property into compliance.
I said yes. He said we could then bring another one out
there as long as it had current license plates and was in
running condition. I said yes. He indicated they might just
do that. I also told him he would need to work on a
building permit.
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
October 01, 2009
SF2 LLC
PO BOX 1227
LONGMONT, CO 80502
Case: ZCV09-00248
Legal Description:
25250-E E2SW4 29 2 68 N&W OF N LN OF CB&O RR & THAT PT NW4SE4 LYING N&W OF RR R/W EXC
DENVER UTAH & PACIFIC RR R/W (2.5R)
Dear SF2 LLC:
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
23-3-30 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:
During our on -site inspection we discussed the need to maintain a current license plate on the
camper/trailer. I was left with the impression that you would immediately initiate the process
towards a title search so you could obtain a current license plate.
On a separate note, we discussed that you would need to get in touch with Clay Kimmi (Public
Works) and the Building Department to determine any necessary applications. After speaking
with Clay it does appear that a Flood Hazard Development Permit is required. Additionally,
after speaking with Peggy Gregory, Building Compliance Officer, it is also my understanding
that a building permit for the dock and sitting area will also be required.
Page 1 of 2
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COLORADO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E -Mail. bsalzman@co.weld.co.us
This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a
representative be in attendance to answer any questions the Board of County Commissioners
might have about the violations.
Please also be advised that I will be taking video and/or pictures from the road or adjacent
properties the business day before or as soon as possible to the above mentioned Violation
Hearing date.
The Department of Planning Services' staff will be recommending that the Board of County
Commissioners authorize the County Attorney to proceed with legal action to remedy the
violation. Our records indicate that you were made aware of the nature of the violation including
the action necessary to correct the violation, and that you were given sufficient time to remedy
this violation. If you have any questions concerning this matter please call me.
Sincerely,
ethany Salzma
Zoning Compliance Officer II
pc: ZCV09-00248
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Page 2 of 2
Bethany Salzman
From:
Sent:
To:
Subject:
Bethany,
Clayton D. Kimmi
Friday, September 11, 2009 10:52 AM
Bethany Salzman
RE: SF2 LLC **Parcel 131329000076
I have not received a phone call from the Shaws. A flood hazard development permit will be needed. Based on what I
see out there, it should be very simple to obtain a FHDP.
Thanks
Clay
From: Bethany Salzman
Sent: Thursday, September 10, 2009 9:02 AM
To: Clayton D. Kimmi
Cc: Peggy Gregory
Subject: SF2 LLC **Parcel 131329000076
Clay this property is owned by Mike & Ginny Shaw (off CR 3.25 and CR 16.5). According to my floodplain
layer in ArcMap, this entire property is within the floodplain. They constructed this boat dock, a pavilion area
(with concrete fencing) and a shed without building (which I don't know if they would actually need or not) or
FHDP permits. They also have a camper/trailer that is parked at the property which they use to change into
swimming cloths or whatever (no overnight stays). I told them to call you to see what you would
require/allow. Then they are going to come over to our office to see if building permits are necessary. Please
let me know if anything is required. Thanks
09-00248
sue.. s•cieseo.
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
(970)353-6100 Ext. 3555 (office)
(970)304-6498 (fax)
bsalzman@co.weld.co.us
Please tell us how we're doing: http://www.co.weld.co.us/departments/planning/comp improve comments.cfm
2
August 28, 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
SF2 LLC
PO BOX 1227
LONGMONT, CO 80502
Case: ZCV09-00248
Legal Description: 25250-E E2SW4 29 2 68 N&W OF N LN OF CB&Q RR & THAT PT NW4SE4
LYING N&W OF RR R/W EXC DENVER UTAH & PACIFIC RR R/W (2.5R)
Dear: SF2 LLC
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
23-3-30 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:
In order to situate or even store a mobile home/construction trailer on a property both
building permits and zoning permits are required. Upon a visual inspection it appears as
though 2 (two) of them are being stored on the above described parcel without the
necessary permits.
I received a message indicating you would like to schedule a meeting to discuss this issue.
I left a message returning your call the following afternoon, but have not heard back.
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
09/28/2009, 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.
Page 1 of 2
#(11:t4
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COLORADO
Sincerely,
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV09-00248
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
Page 2 of 2
natl.%
Oft
COLORADO
August 17, 2009
SF2 LLC
PO BOX 1227
LONGMONT, CO 80502
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: ZCV09-00248
Legal Description: 25250-E E2SW4 29 2 68 N&W OF N LN OF CB&Q RR & THAT PT NW4SE4 LYING
N&W OF RR R/W EXC DENVER UTAH & PACIFIC RR R/W (2.5R)
Dear SF2 LLC:
It has come to the attention of the Department of Planning Services staff that the uses on your property may
not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the
Weld County Code are as follow:
In order to situate or even store a mobile home/construction trailer on a property both
building permits and zoning permits are required. Upon a visual inspection it appears as
though 2 (two) of them are being stored on the above described parcel without the
necessary permits.
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 Salzman
Zoning Compliance Officer II
pc: ZCV09-00248
Page 1 of 1
Identify Results
Page 1 of 1
Account#: R5651386
Tax Area: 2306
Acres: 63.5
Township Range Section Quart. Sec.
02-68-29-0
Owners Name & Address:
SF2 LLC
PO BOX 1227
LONGMONT, CO 80502
Business/Complex:
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Bordering County:
Subdivison Name Block# Lot#
Sale Date Sale Price
$0
Property Address:
Street:
City:
Sales Summary
Deed Type
Legal Description
Parcel#: 131329000076
Reception #
25250-E E2SW4 29 2 68 N&W OF N LN OF CB&Q RR & THAT PT NW4SE4 LYING N&W OF RR R/W EXC DENVER UTAH & PACIFIC
RR R/W (2.5R)
Land Type
Agricultural
Land Subtotal:
Abst Code
4147
Land Valuation Summary
Unit of Number of
Measure Units
Acres 63.5
Actual Value
63.5 $792
No Buildings on Parcel
Assessed
Value
$230
http: //maps2.merrick. com/W ebsite/W eld/setSq l.asp?cmd=QUERY&DET=PP&pin=13132... 8/14/2009
WING
COLORADO
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10'h Street, Greeley, CO 80631
Phone: (97O) 353-6100, Ext. 3540
Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
• ZONING CODE COMPLAINT K Staff/Name: ki\t(Ml C Citizen ❑ Other.
❑ HEALTH DEPARTMENT Citizen's Name (If known):
❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known):
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS / PEST & WEEDS
Date Complaint was received: (53-i4-cci
Pending Case # (i.e. USR, RE, SE, ectt.'..): `yy
Legal Description: Wry5LN I l-tel 1 ak)(11.1O%U
Violation Address:
Parcel#: ��1�-ZC�•L�.i"�1�1�
Property Owners Name
LL_.,
Phone:
Property Owners Address: VD --PM( i Dal ) IYtLIt^(1 I (20 c£J Jd
Tenant's Name:
Tenant's Address:
NATURE OF COMPLAINT:
Phone:
Additional Notes:
Document must be filed electronically.
Paper documents will not be accepted.
Document processing fee
Fees & forms/cover sheets
are subject to change.
To access other information or print
copies of filed documents,
visit www.sosstate.co.us and
select Business Center.
-Flied
Colorado Secretary of State
Date and Time: 12/29/2008 03:34 PM
ID Number: 20081667488
$50.00 Document number: 20081667488
Amount Paid: $50.00
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to `v 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.)
1. The domestic entity name of the limited liability company is
SF2 LLC
(The name of a limited liabilay company must contain the term or abbreviation
"limited liability company". "ltd. liability company". "limited liability co.". "ltd.
liability co. ". "limited". "Ll.c. ". "lie". or "ltd.". See §7-90-601, C.R.S.)
(Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2. The principal office address of the limited liability company's initial principal office is
PO Box 1227
Street address
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
(Street number and name)
Longmont CO 80502-1227
(City)
($rat(ZIP/Postal Code)
United States
(Province —i(applicable) (Country)
(City)
(State) (ZIP/Postal Code)
(Province— if applicable) (Country)
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name
(if an individual)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Street address PO Box 1227
Shaw
Michael S
(Last) (First)
(Middle) (Suffix)
ARTORG_LLC
(Street number and name)
Longmont
(City)
CO 80502-1227
(State) (ZIP Code)
Page I of 3 Rev. 02/28/2008
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
(City)
(The following statement is adopted by marking the bog)
n The person appointed as registered agent has consented to being so appointed.
CO
(State)
(ZIP Code)
4. The true name and mailing address of the person forming the limited liability company are
Name
(if an individual)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Mailing address PO Box 1227
Shaw
Miachel S
(Last) (First)
(Middle) (Suffix)
(Street number and name or Post Office Box information)
Longmont CO 80502-1227
(City)
Un ifetStateS (ZIP/Postal Code)
(Province —if applicable) (Country)
(If the fallowing statement applies, adopt the statement by marking the box and include an attachment.)
n The limited liability company has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5. The management of the limited liability company is vested in
(Mark the applicable box.)
none or more managers.
OR
❑ the members.
6. (The following statement is adopted by marking the bay)
n There is at least one member of the limited liability company.
7. (//the following statement applies, adopt the statement by marking the box and include an attachment.)
El This document contains additional information as provided by law.
8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has
significant legal consequences. Read instructions before entering a date.)
(If the following statement applies. adopt the statement by entering a date and, if applicable. time using the requited format)
The delayed effective date and, if applicable, time of this document is/are
(mm/dd/yyyv hour:minute am/pm)
ARTORG_LLC
Page 2 of 3 Rev. 02/28/2008
Notice:
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.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
Dahms-Parker Carrie
(Last) (First) (Middle) (Suffix)
436 Coffman Suite 200
(Street number and name or Post Office Box information)
PO Box 908
Longmont CO 80502-0908
(City)
(State) (ZIP/Postal Code)
United States .
(Province— if applicable) (Country)
Of the following statement applies. adopt the statement by marking the box and include an attachment)
❑ This document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet 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/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
ARTORG_LI,C
Page 3 of 3 Rev. 02/28/2008
Click the following links to view attachments
Attachment 1
Co Managers
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