HomeMy WebLinkAbout20090345.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST LANCE AND LYNN RAUSCHE 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, Lance and Lynn Rausche, ZCV #0800374, 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 10th day of February, 2009, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Lance and Lynn Rausche were not present or represented at said hearing,
although all parties were notified of said hearing by Department of Planning Services staff, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon
such referral until March 10, 2009, to allow adequate time for the property owners to remove the
derelict vehicle to bring the subject property into compliance and for an inspection of the property
by the Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0800374 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Lance and Lynn Rausche 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 March 10, 2009, to allow adequate time for the property
owners to remove the derelict vehicle to bring the subject property into compliance.
2009-0345
PL0824
61.4.34 9
VIOLATIONS - ZCV #0800374 - LANCE AND LYNN RAUSCHE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of February, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD Q RADO
ATTEST:
Weld County Clerk to
BY.
Deputy Cle
APPR'•"IAS
Date of signature
ounty Attorney
/24
William F. Garcia, C
J
ouglasademacher, ro-Tem
P. Conway
ra Kirkmeyer
d cal EaC
David E. Long v
2009-0345
PL0824
Violation Summary Report
BASIC INFORMATION
RAUSCHE LANCE & LYNN
Tenant:
205 S. PAULINE AVE MILLIKEN, CO 80543
Compliance Officer: Ann Siron
Violation Number: ZCV08-00374
Situs Address:
Legal: 1WHP10-49 L49 BLK10 WEST HILL -N -PARK 1ST FILING 1ST REPLAT
SITUS: 4417 CASA GRANDE DR WELD 00000
Location: Location North of and adjacent to 49th Street and East of and
adjacent to 47th Avenue
North Evans city limits some Agriculture and Estate zone districts
South Evans city limits, some Agriculture and Estate zone districts
East Evans city limits, some Agriculture zone districts
West Evans city limits, some Agriculture and Estate zone districts
Parcel Number: 095926321001-R2679686 Acreage: 0.18
Certified Mail Date: 01/09/2009
Currently the property is in violation of:
Chapter 23, Article 111(3), Division 2 Residential Zone Districts
23-3-150 R-5 (Mobile Home Residential) Zone District.
23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for
MOBILE HOMES USED for single-family residential occupancy. These areas are intended to
be located, designed and developed in compliance with Chapter 22 of this Code and the
MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to
accommodate nonresidential land uses that are both ACCESSORY to and compatible with
residential USES allowed by right in the Zone District.
23-3-150.B Uses Allowed by Right.
23-3-150.C. Accessory Uses.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals, paper,
rags, rubber tries, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also
include the storage or keeping of DERELICT VEHICLES registered last or currently registered
under the property owner and/or tenant's name. This definition does not include
COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD
shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from
all ADJACENT properties and public rights -of -way.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantailly
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or
otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to
42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or
vehicles customarily operated in a FARMING operation.
2009-0345
Violation Summary Report
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used
cltoh, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances; used lumber or crates; building materials; fabrication of any material; used pipe or
pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES;
used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make
them unusable in their existing condition.
REMEDY
THE NONCOMMERCIAL JUNKYARD CONSISTING OF A DERELICT VEHICLE AND DEBRIS ON THE
SIDE OF THE GARAGE SHALL BE RESTORED OR REMOVED FROM THE PROPERTY.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office for immediate legal action.
LETTER HISTORY
11/21/2008 Complaint Validated
11/21/2008 LTTR: 5 Day Letter
12/01/2008 LTTR: Violation Notice
01/09/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
11/20/2008 Property Inspected
UPON A VISUAL INSPECTION OF THE PROPERTY THE
FOLLOWING ITEMS WERE NOTED: DERELICT VEHICLE
AND DEBRIS ON THE SIDE OF THE GARAGE.
hiDe
COLORADO
January 09, 2009
RAUSCHE LANCE & LYNN
205 S. PAULINE AVE
MILLIKEN, CO 80543
WELD COUN i'Y PLANNING DEPARTMENT
Ann Siron
Zoning Compliance Officer
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 x3566
FAX: 970-304-6498
E -Mail: asiron@co.weld.co.us
Case: ZCV08-00374
Legal Description:
1WHP10-49 L49 BLK10 WEST HILL -N -PARK 1ST FILING 1ST REPLAT SITUS: 4417 CASA GRANDE DR
WELD 00000
Dear RAUSCHE LANCE & LYNN:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
02/10/2009 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 2 Residential Zone Districts
23-3-150 R-5 (Mobile Home Residential) Zone District.
23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY fo
MOBILE HOMES USED for single-family residential occupancy. These areas are intended to
be located, designed and developed in compliance with Chapter 22 of this Code and the
MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to
accommodate nonresidential land uses that are both ACCESSORY to and compatible with
residential USES allowed by right in the Zone District.
23-3-150.B Uses Allowed by Right.
23-3-150.C. Accessory Uses.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tries, building materials and bottles. A NONCOMMERCIAL JUNKYARD
may also include the storage or keeping of DERELICT VEHICLES registered last or currently
registered under the property owner and/or tenant's name. This definition does not include
COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD
shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from
all ADJACENT properties and public rights -of -way.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantailly
Page 1 of 2
COLORADO
WELD COUN IX PLANNING DEPARTMENT
Ann Siron
Zoning Compliance Officer
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 x3566
FAX: 970-304-6498
E -Mail: asiron@co.weld.co.us
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way
or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors
or vehicles customarily operated in a FARMING operation.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used
cltoh, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances; used lumber or crates; building materials; fabrication of any material; used pipe
or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT
VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or
obsolete as to make them unusable in their existing condition.
To bring your property into compliance with the Weld County Code:
THE NONCOMMERCIAL JUNKYARD CONSISTING OF A DERELICT VEHICLE AND DEBRI
ON THE SIDE OF THE GARAGE SHALL BE RESTORED 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.
Sincerely,
Ann Sir
Zoning Colnce Officer
pc: ZCV08-00374
Page 2 of 2
WFiYC
COf ORADO
December 01, 2008
RAUSCHE LANCE & LYNN
205 S. PAULINE AVE
MILLIKEN, CO 80543
WELD COUNTY PLANNING DEPARTMENT
Ann Siron
Zoning Compliance Officer
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 x3566
FAX: 970-304-6498
E-Mail:asirOn@co.weld.co.us
Case: ZCV08-00374
Legal Description: 1WHP10-49 L49 BLK10 WEST HILL -N -PARK 1ST FILING 1ST REPLAT SITUS:
4417 CASA GRANDE DR WELD 00000
Dear: RAUSCHE LANCE & LYNN :
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 2 Residential Zone Districts
23-3-150 R-5 (Mobile Home Residential) Zone District.
23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for
MOBILE HOMES USED for single-family residential occupancy. These areas are intended to
be located, designed and developed in compliance with Chapter 22 of this Code and the
MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to
accommodate nonresidential land uses that are both ACCESSORY to and compatible with
residential USES allowed by right in the Zone District.
23-3-150.B Uses Allowed by Right.
23-3-150.C. Accessory Uses.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals, paper,
rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also
include the storage or keeping of DERELICT VEHICLES registered last or currently registered
under the property owner and/or tenant's name. This definition does not include COMMERCIAL
VEHICLES. If the Zone district allows the NONCOMMERCIAL JUNKYARD shall be totally
ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT
properties and public rights -of -way.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way
or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202
Page 1 of 2
‘eff:
WADel
WELD COUNTY PLANNING DEPARTMENT
Ann Siron
Zoning Compliance Officer
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 x3566
FAX: 970-304-6498
E-Mail:asiron@co.weld.co.us
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or
vehicles customarily operated in a FARMING operation.
To bring your property into compliance with the Weld County Code:
THE NONCOMMERCIAL JUNKYARD CONSISTING OF A DERELICT VEHICLE AND
DEBRIS ON THE SIDE OF THE GARAGE SHALL BE RESTORED OR REMOVED FROM
THE PROPERTY.
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
01/01/2009, 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,
Ann Siron
Zoning Compliance Officer
pc: ZCV08-00374
Page 2 of 2
AtSt
hiDe�,
November 21, 2008
RAUSCHE LANCE & LYNN
205 S. PAULINE AVE
MILLIKEN, CO 80543
WELD COUNTY PLANNING DEPARTMENT
Ann Siron
Zoning Compliance Officer
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 x3566
FAX: 970-304-6498
E -Mail: asiron@co.weld.co.us
Case: ZCV08-00374
Legal Description: 1WHP10-49 L49 BLK10 WEST HILL -N -PARK 1ST FILING 1ST REPLAT SITUS: 4417
CASA GRANDE DR WELD 00000
Dear RAUSCHE LANCE & LYNN:
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:
THE PRESENCE OF A DERELICT VEHICLE AND DEBRIS ON THE SIDE OF THE
GARAGE.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road
rights -of -way or otherwise not equipped with lamps and other equipment, as required in
Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of
husbandry, farm tractors or vehicles customarily operated in a FARMING operation.
Please contact me within five working days of the date of this letter to review these concerns with me. Feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with
you.
Sincerely,
Ann Siron
Zoning Compliance Officer
pc: ZCV08-00374
Page 1 of 1
WUDc.
COLORADO
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10th Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiatedby:at/Q' -0037
0' ZONING CODE COMPLAINT ❑ Staff/Name. 0 Citizen 0 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:
Pending Case # (i.e. USR, RE, SE, ect...):
Legal Description:
Violation Address:
8/ -.lo t '!l -N-Ar-
4/4 7 caaaon-anal, Dr
Property Owners Name: J/2f)t �c.pv i 1'f Q2.L 4 'A ,
Property Owners Address:
Tenant's Name: _
Tenant's Address:
NATURE
Parcel #:
Phone:
Phone:
/1-A0 08'
Ore'S al-a,i
COMPLAINT:
Additional
Notes:
Identify Results
Page 1 oft
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R2679686
Tax Area: 2820
Acres: 0.1791
Township Range Section Quart. Sec.
05-66-26-3
Parcel#: 095926321001
Bordering County:
Subdivison Name Block# Lot#
WEST HILL N PARK 1ST FG - 10 - 49
Owners Name & Address: Property Address:
RAUSCH LANCE R & Street: 4417 CASA GRANDE DR WELD
205 S PAULINE AVE City: WELD
MILLIKEN, CO 80543
Additional Owners:
RAUSCH LYNN
Business/Complex:
Sale Date
11/15/2006
Sale Price
$22,900
Sales Summary
Deed Type
SWD
Legal Description
Reception #
3457681
1WHP10-49 L49 BLK10 WEST HILL -N -PARK 1ST FILING 1ST REPLAT SITUS: 4417 CASA GRANDE DR WELD 00000
Land Type
Residential
Land Subtotal:
Bldg#
1
Abst Code
1112
Property Type
Mobile Home
Improvements Subtotal:
Total Property Value
Account#: R2679686
Owners Name & Address:
RAUSCH LANCE R &
205 S PAULINE AVE
MILLIKEN, CO 80543
Building#
1
Land Valuation Summary
Unit of Number of
Measure Units
Site
Buildings Valuation Summary
Building Details
Actual Value
Assessed
Value
$30,000 $2,390
Actual Value
Property Address:
Street: 4417 CASA GRANDE DR WELD
City: WELD
Property Type
Mobile Home
Individual Built As Detail
Assessed
Value
$15,530 $1,240
$45,530 $3,630
Parcel#: 095926321001
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0959... 11/20/2008
Identify Results Page 2 of 2
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
MH Make
Bellavista
Single Wide
Hardboard Sheet
Paneling
2
3
0
0
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
0 Detached SQ Ft:
0 Finished SQ Ft:
Mobile Home Details
MH Length
0
1984
Forced Air
938
Metal Ribbed
0
400
0
MH Width
0
http://maps2.merrick.com/Website/Weld/setSgl.asp?emd=QUERY&DET=PP&pin=0959... 11/20/2008
6i1 11111111111111111111111 "'lll l'll'll11111111111III! I"I
3457681 02/26/2007 10:40A Weld County, CO
1 of 1 R 6.00 D 2 29 Steve Moreno Clerk & Recorder
After Recording Return to
Lance R. Rausch
Lynn Rausch
205 South Pauline
Milliken, CO 80543
SPECIAL WARRANTY DEED
This Deed, made November 17, 2006
Between Bank of New York as Trustee, Under the Pooling and Servicing Agreement Series
1998-1, of the County Weld, State of COLORADO, grantor(s) and Lance IL Rausch and Lynn Rausch,
as Joint Tenants, whose legal address is , , County of Weld, and State of COLORADO, grantee(s)
WITNESSETH, That the grantor(s), for and in the consideration of the sum of TWENTY-TWO
THOUSAND NINE HUNDRED AND 00/100 DOLLARS Dollars ($22,900.00 ) the receipt and
sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the grantee(s), his hefts and assigns forever, all the real property
together with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO
described as follows:
Lot 49, Block 10, FIRST REPLAT OF WEST HILL -N -PARK FIRST FILING,
County of Weld, State of Colorado
also known by street and number as 4417 Casa Grande Drive, Greeley, CO 80634
TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise
appertaining,and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all
the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to
the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances,
unto the grantee, their heirs and assigns forever. The grantor(s), for themselves, their heirs and personal
representatives or successors, does covenant and agree that they shall and will WARRANT AND FOREVER
DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and
assigns, against 'all and every person or persons claiming the whole or any part thereof, by, through or under the
grantor(s).
.,,,The singular number shall include the plural, the plural the singular, and the use of any gender shall be
'icapk 1P al] genders.
17 Yr'NESS WHEREOF, the grantor has executed this on the date set forth above.
`4-
r
ta i+ r,
-
Flapk dfNcAYptk as Trustee U e Pooling and
Serviginap. gkerpe$(Series 8-1
by
Kc,CT{b'•_' FVP
STATE OF COLORSDO1-71tcoir.
COUNTY OF WeldWeld' l CC,
)ss:
15
The foregoing instrument was acknowledged before me November 1, 2006 by Bank of New York as Trustee
under the Pooling and Servicing Agreement Series 1998-1, by {(P k -I € Fk% P with
POA.
Witness my hand and official seal.
grit
Mm, IleleC • es
Pao ease
*if careen bps 1 O
ACIMn ^ 1r °m la c
WDSpccial
Zia
Notary Public
My Commission expires:
ESCROW NO.826-H0108257-094BM3
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