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Home My WebLink About20092944.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JOSEPH NAKAGAWA 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, Joseph Nakagawa, ZCV#0900136, 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 10th day of November, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, James Nakagawa, representative for the 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 May 10, 2010, in order to allow adequate time for the representative for the property owner to bring the subject property into compliance, by removing or demolishing the mobile home, 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 #0900136 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Joseph Nakagawa 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 May 10, 2010, to allow adequate time for the representative for the property owner to bring the subject property into compliance, by removing or demolishing the mobile home, and for an inspection of the property by the Department of Planning Services staff. 2009-2944 d a ', Pz, v, 170824 v VIOLATIONS - ZCV #0900136 - JOSEPH NAKAGAWA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of November, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD CO 5j COLORADO ATTEST: Weld County Clerk to BY Deputy Clerk o the Bo APPROVED/AS TO,FORf1: cpurit Attorney Date of signature William F. Garcia, Chair Dougla ademacher,,Pro-Tem Sea P. Conway David E. Long 4:y.tti- 2009-2944 PL0824 Violation Summary Report BASIC INFORMATION NAKAGAWA JOSEPH Tenant: 2102 CHERRY AVE GREELEY, CO 80631 Compliance Officer: Ann Siron Violation Number: ZCV09-00136 Situs Address: Legal: 12443 L4 NW4NW4 15 5 65 SITUS: 2120 CHERRY AV WELD 80631 Location: Location East of and adjacent to Cherry Avenue and approximately 1/4 mile south of E 20th Street. North Ag, R-1, C-2, C-3 and 1-2 zone districts South Ag, R-1 zone districts and Greeley city limits East Ag, R-1 and C-3 zone districts West Ag, R-1, C-2, C-3 zone districts and Greeley city limits Parcel Number: 096115200015-R3391086 Acreage: 4.65 Certified Mail Date: 10/01/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-110.A Intent. The purpose of the R-1 Zone District is to provide areas in the COUNTY for SINGLE-FAMILY residential USE that are located, designed and developed in compliance with Chapter 22 of this Code and the adopted MASTER PLANS of affected municipalities. The R-1 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. 23-3-110.B Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1)or more of the following USES. Land in the R-1 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-160 below. USES within the R-1 Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. 23-3-110.B.1 One (1) SINGLE-FAMILY DWELLING per LEGAL LOT, said SINGLE-FAMILY DWELLING shall be connected to and served by a PUBLIC WATER system and a PUBLIC SEWER system. This requirement does not apply to any LEGAL LOT created prior to the original effective date of this Chapter (August 25, 1981). 23-4-130 No mobile home/manufactured structure may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each mobile home/manufactured structure located or relocated in the County after said date must have a building permit for a mobile home/manufactured structured issued pursuant to Chapter 29 of this Code. An application for any zoning or building permit for a mobile home/manufactured structure required by this Division shall include the following. REMEDY THE MOBILE HOME WAS PREVIOUSLY OCCUPIED BY JOSEPH NAKAGAWA WHO IS NOW IN AN ASSISTED LIVING FACILITY AND THE USE FOR A SECOND HOME IS NO LONGER NEEDED. THE MOBILE HOME SHALL BE REMOVED FROM THE PROPERTY. RECOMMENDATION 2009-2944 Violation Summary Report The Department of Planning Services recommends that this case be referred to the County Attorney's office but delay legal action for 60 days. LETTER HISTORY 04/29/2009 Complaint Validated 04/29/2009 LTTR: 5 Day Letter 05/05/2009 LTTR: Violation Notice 10/01/2009 LTTR: Hearing Notification OTHER CASE HISTORY 05/05/2009 Phone Call 07/08/2009 Phone Call 07/20/2009 Property Inspected 09/29/2009 Phone Call 09/30/2009 Phone Call RECEIVED A PHONE CALL FROM JOSEPH NAKAGAWA"S SON JAMES. HE ASKED WHAT THE VIOLATION PERTAINED TO. I EXPLAINED THAT THERE WERE TWO HOMES ON A PARCEL. IT WAS PERMITTED IN 1991 AS AN ACCESSORY TO THE FARM BUT THAT USE IS NOT LONGER JUSTIFIED AND THE HOME WOULD NEED TO BE REMOVED. HE EXPLAINED THAT HIS FATHER IS NEEDING TO BE PUT IN A HOME SOON AND HE IS THE ONE OCCUPYING THE MOBILE HOME AND HE WOULD MOST LIKELY SELL THE PROPERTY. I TOLD HIM IF THAT WERE THE CASE THE HOME WOULD NEED TO BE REMOVED. HE ASKED HOW LONG HE WOULD HAVE AND I TOLD HIM I WOULD GIVE HIM 60 DAYS. THAT WOULD PUT HIM INTO AUGUST"S VIOLATION HEARINGS. HE SAID OKAY AND HE WOULD KEEP ME POSTED AS TO THE PROGRESS ON THE PROPERTY. RECEIVED A PHONE CALL FROM JAMES NAKAGAWA (SON). HE STATED THAT HE DID GET HIS FATHER INTO A RETIREMENT HOME BUT WITH IT ALL GOING ON AND HIM BEING OUT OF STATE HE HAS NOT BEEN ABLE TO REMOVE THE HOME. HE ASKED AGAIN WHAT HIS OPTIONS WERE, SINCE HE HAD PEOPLE THAT POSSIBLY WOULD BY THE HOME WITH THE INTENT OF HAVING A MEDICAL HARDSHIP. I EXPLAINED THAT THEY WOULD STILL NEED TO APPLY FOR IT AND THAT DID NOT GUARANTEE APPROVAL. 1. HE COULD HAVE THEM APPLY FOR A MEDICAL HARDSHIP WHILE HE STILL OWNED IT. 2. HE COULD APPLY FOR A TEMPORARY STORAGE WHICH WOULD GIVE HIM TIME TO SELL IT HAVING THE NEW OWNERS AWARE OF THE VIOLATION AND PERMIT THEMSELVES OR DEMOLISH. I EXPLAINED HE WOULD NEED A DEMOLITION PERMIT IF HE WENT THAT DIRECTION. OR HE COULD ALLOW THE PROPERTY TO GO IN FRONT OF THE BOARD IN AUGUST AND THEY **MAY** GRANT HIM ADDITIONAL TIME TO REMOVE THE HOME BUT THAT WAS NOT A GUARANTEE. HE SAID HE WOULD TAKE THE NEXT FEW DAYS TO THINK ABOUT IT AND CALL ME BACK. UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: TWO HOMES ON THE PROPERTY. PICTURES WERE TAKEN. CALLED AND LEFT A MESSAGE FOR JAMES TO CALL BACK AND GIVE ME AN UPDATE TO THE DIRECTION HE WAS TAKING WITH THE CASE. I RECEIVED A PHONE CALL FROM JAMES NAKAGAWA. HE SAID HE WOULD NOT GO THROUGH WITH OBTAINING A TEMPORARY Violation Summary Report STORAGE PERMIT AS HE IS HAVING TO STAY IN THE HOUSE WHILE HE CLEANS UP THE PROPERTY. INSTEAD HE WOULD LIKE ME TO SCHEDULE THE CASE TO BE HEARD AT A VIOLATION HEARING TO REQUEST AN EXTENSION TO REMOVE THE MOBILE HOME COMPLETELY. VinIation Summary Report BASIC INFORMATION NAKAGAWA JOSEPH Tenant: 2102 CHERRY AVE GREELEY, CO 80631 Compliance Officer: Ann Siron Violation Number: ZCV09-00136 Situs Address: Legal: 12443 L4 NW4NW4 15 5 65 SITUS: 2120 CHERRY AV WELD 80631 Location: Location East of and adjacent to Cherry Avenue and approximately 1/4 mile south of E 20th Street. North Ag, R-1, C-2, C-3 and 1-2 zone districts South Ag, R-1 zone districts and Greeley city limits East Ag, R-1 and C-3 zone districts West Ag, R-1, C-2, C-3 zone districts and Greeley city limits Parcel Number: 096115200015-R3391086 Acreage: 4.65 Certified Mail Date: 10/01/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-110.A Intent. The purpose of the R-1 Zone District is to provide areas in the COUNTY for SINGLE-FAMILY residential USE that are located, designed and developed in compliance with Chapter 22 of this Code and the adopted MASTER PLANS of affected municipalities. The R-1 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. 23-3-110.6 Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1)or more of the following USES. Land in the R-1 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-160 below. USES within the R-1 Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. 23-3-110.B.1 One (1) SINGLE-FAMILY DWELLING per LEGAL LOT, said SINGLE-FAMILY DWELLING shall be connected to and served by a PUBLIC WATER system and a PUBLIC SEWER system. This requirement does not apply to any LEGAL LOT created prior to the original effective date of this Chapter (August 25, 1981). 23-4-130 No mobile home/manufactured structure may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each mobile home/manufactured structure located or relocated in the County after said date must have a building permit for a mobile home/manufactured structured issued pursuant to Chapter 29 of this Code. An application for any zoning or building permit for a mobile home/manufactured structure required by this Division shall include the following. REMEDY AS DISCUSSED DURING A PHONE CONVERSATION ON SEPTEMBER 30, 2009 THIS CASE IS BEING SCHEDULED TO BE HEARD IN FRONT OF THE BOARD OF COUNTY COMMISSIONERS TO REQUEST AN EXTENSION OF TIME TO COMPLETELY REMOVE THE MOBILE HOME FROM THE PROPERTY. THE MOBILE HOME WAS PREVIOUSLY OCCUPIED BY JOSEPH NAKAGAWA WHO IS NOW IN AN ASSISTED LIVING FACILITY AND THE USE FOR A SECOND HOME IS NO LONGER NEEDED. THE MOBILE HOME SHALL BE REMOVED FROM THE PROPERTY. Violation Summary Report RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office but delay legal action for*****"*""********"********""*******"* LETTER HISTORY 04/29/2009 Complaint Validated 04/29/2009 LTTR: 5 Day Letter 05/05/2009 LTTR: Violation Notice 10/01/2009 LTTR: Hearing Notification OTHER CASE HISTORY 05/05/2009 Phone Call 07/08/2009 Phone Call 07/20/2009 Property Inspected 09/29/2009 Phone Call 09/30/2009 Phone Call RECEIVED A PHONE CALL FROM JOSEPH NAKAGAWA"S SON JAMES. HE ASKED WHAT THE VIOLATION PERTAINED TO. I EXPLAINED THAT THERE WERE TWO HOMES ON A PARCEL. IT WAS PERMITTED IN 1991 AS AN ACCESSORY TO THE FARM BUT THAT USE IS NOT LONGER JUSTIFIED AND THE HOME WOULD NEED TO BE REMOVED. HE EXPLAINED THAT HIS FATHER IS NEEDING TO BE PUT IN A HOME SOON AND HE IS THE ONE OCCUPYING THE MOBILE HOME AND HE WOULD MOST LIKELY SELL THE PROPERTY. I TOLD HIM IF THAT WERE THE CASE THE HOME WOULD NEED TO BE REMOVED. HE ASKED HOW LONG HE WOULD HAVE AND I TOLD HIM I WOULD GIVE HIM 60 DAYS. THAT WOULD PUT HIM INTO AUGUST"S VIOLATION HEARINGS. HE SAID OKAY AND HE WOULD KEEP ME POSTED AS TO THE PROGRESS ON THE PROPERTY. RECEIVED A PHONE CALL FROM JAMES NAKAGAWA (SON). HE STATED THAT HE DID GET HIS FATHER INTO A RETIREMENT HOME BUT WITH IT ALL GOING ON AND HIM BEING OUT OF STATE HE HAS NOT BEEN ABLE TO REMOVE THE HOME. HE ASKED AGAIN WHAT HIS OPTIONS WERE, SINCE HE HAD PEOPLE THAT POSSIBLY WOULD BY THE HOME WITH THE INTENT OF HAVING A MEDICAL HARDSHIP. I EXPLAINED THAT THEY WOULD STILL NEED TO APPLY FOR IT AND THAT DID NOT GUARANTEE APPROVAL. 1. HE COULD HAVE THEM APPLY FOR A MEDICAL HARDSHIP WHILE HE STILL OWNED IT. 2. HE COULD APPLY FOR A TEMPORARY STORAGE WHICH WOULD GIVE HIM TIME TO SELL IT HAVING THE NEW OWNERS AWARE OF THE VIOLATION AND PERMIT THEMSELVES OR DEMOLISH. I EXPLAINED HE WOULD NEED A DEMOLITION PERMIT IF HE WENT THAT DIRECTION. OR HE COULD ALLOW THE PROPERTY TO GO IN FRONT OF THE BOARD IN AUGUST AND THEY **MAY** GRANT HIM ADDITIONAL TIME TO REMOVE THE HOME BUT THAT WAS NOT A GUARANTEE. HE SAID HE WOULD TAKE THE NEXT FEW DAYS TO THINK ABOUT IT AND CALL ME BACK. UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: TWO HOMES ON THE PROPERTY. PICTURES WERE TAKEN. CALLED AND LEFT A MESSAGE FOR JAMES TO CALL BACK AND GIVE ME AN UPDATE TO THE DIRECTION HE WAS TAKING WITH THE CASE. I RECEIVED A PHONE CALL FROM JAMES VinIation Summary Report NAKAGAWA. HE SAID h- ✓VOULD NOT GO THROUGH WITH OBTAINING A TEMPORARY STORAGE PERMIT AS HE IS HAVING TO STAY IN THE HOUSE WHILE HE CLEANS UP THE PROPERTY. INSTEAD HE WOULD LIKE ME TO SCHEDULE THE CASE TO BE HEARD AT A VIOLATION HEARING TO REQUEST AN EXTENSION TO REMOVE THE MOBILE HOME COMPLETELY. COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us October 01, 2009 NAKAGAWA JOSEPH C/O NAKAGAWA JAMES 2102 CHERRY AVE GREELEY, CO 80631 Case: ZCV09-00136 Legal Description: 12443 L4 NW4NW4 15 5 65 SITUS: 2120 CHERRY AV WELD 80631 Dear NAKAGAWA JOSEPH: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 11/10/2009 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 23-3-110.A Intent. The purpose of the R-1 Zone District is to provide areas in the COUNTY for SINGLE-FAMILY residential USE that are located, designed and developed in compliance with Chapter 22 of this Code and the adopted MASTER PLANS of affected municipalities. The R-1 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. 23-3-110.B Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1)or more of the following USES. Land in the R-1 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-160 below. USES within the R-1 Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. 23-3-110.B.1 One (1) SINGLE-FAMILY DWELLING per LEGAL LOT, said SINGLE-FAMILY DWELLING shall be connected to and served by a PUBLIC WATER system and a PUBLIC Page 1 of 2 COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us SEWER system. This requirement does not apply to any LEGAL LOT created prior to the original effective date of this Chapter (August 25, 1981). 23-4-130 No mobile home/manufactured structure may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each mobile home/manufactured structure located or relocated in the County after said date must have a building permit for a mobile home/manufactured structured issued pursuant to Chapter 29 of this Code. An application for any zoning or building permit for a mobile home/manufactured structure required by this Division shall include the following. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION ON SEPTEMBER 30, 2009 THIS CASE IS BEING SCHEDULED TO BE HEARD IN FRONT OF THE BOARD OF COUNTY COMMISSIONERS TO REQUEST AN EXTENSION OF TIME TO COMPLETELY REMOVE THE MOBILE HOME FROM THE PROPERTY. THE MOBILE HOME WAS PREVIOUSLY OCCUPIED BY JOSEPH NAKAGAWA WHO IS NOT IN AN ASSISTED LIVING FACILITY AND THE USE FOR A SECOND HOME IS NO LONGER NEEDED. THE MOBILE HOME SHALL BE 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, Page 1 of 2 COLORADO Ann Siron Zoning Compliance Officer pc: ZCV09-00136 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 Page 1 of 2 116❑ ❑001 4539 4370 art D O N U.S. Postal ServiceTM 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 Sent To I Street, Atop. Qhcrni ftQC or PO Box No. CO, State. ZIP+a r, Postmark Here SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. B. Received by (Printed ame) ■ Attach this card to the back of th ail my Morning Department or on the front if space permits. nui COMPLETE THIS SECTION ON DELIVERY A. Signature X m y, ❑ Agent ❑ Addressee 1. Article Addressed to: James na_Ya co -o. 2IOa Cher L1Jt RELci SICFE © Gre-cleV eo 8O1031 C. Date of Delivery :A OF1F�61ivery address different fmm item If YES, enter delivery address below ? ❑ Yes ❑ No e ice Type rtified Mail O Registered O insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7005 1160 0001 4539 4370 Domestic Retum Receipt 102595 -o2 -M-1540 a L.L. w - _, EARTHS �i EART, c 4 J '- 8 l_3 , O - q i0 m {n H E 18TH ST E241N LU U- 4(5-1d---56$( May 05, 2009 NAKAGAWA JOSEPH O/O JAMES NAKAGAWA 2102 CHERRY AVE GREELEY, CO 80631 Y PLANNING DEPARTMENT nce Officer 631 -6100 x3566 198 o.weld.co.us Case: ZCV09-00136 Legal Description: 12443 L4 NW4NW4 15 5 65 SITUS: 2120 CHERRY AV WELD 80631 Dear: NAKAGAWA JOSEPH : 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 23-3-110.A Intent. The purpose of the R-1 Zone District is to provide areas in the COUNTY for SINGLE-FAMILY residential USE that are located, designed and developed in compliance with Chapter 22 of this Code and the adopted MASTER PLANS of affected municipalities. The R-1 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. 23-3-110.B Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1)or more of the following USES. Land in the R-1 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-160 below. USES within the R-1 Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. 23-3-110.6.1 One (1) SINGLE-FAMILY DWELLING per LEGAL LOT, said SINGLE-FAMILY DWELLING shall be connected to and served by a PUBLIC WATER system and a PUBLIC SEWER system. This requirement does not apply to any LEGAL LOT created prior to the original effective date of this Chapter (August 25, 1981). Chapter 23, Article IV(4), Division 3 Mobile Homes and Manufactured Structures 23-4-130 No mobile home/manufactured structure may be located or relocated in the County Page 1 of 2 optIm hiDe COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each mobile home/manufactured structure located or relocated in the County after said date must have a building permit for a mobile home/manufactured structured issued pursuant to Chapter 29 of this Code. An application for any zoning or building permit for a mobile home/manufactured structure required by this Division shall include the following. To bring your property into compliance with the Weld County Code: PLEASE IGNORE CORRESPONDENCE DATED MAY 5, 2009. AS DISCUSSED DURING A PHONE CONVERSATION *60* DAYS HAS BEEN GIVEN TO REMOVE THE MOBILE HOME FROM THE PROPERTY AS AN ACCESSORY USE CANNOT BE JUSTIFIED AT THIS TIME. IT WAS STATED THAT MR. JOSEPH NAKAGAWA CURRENTLY RESIDES IN THE MOBILE HOME BUT WILL NEED TO BE PLACED IN ALTERNATIVE CARE LEAVING THE MOBILE HOME UNOCCUPIED. ANY ADDITIONAL EXTENSIONS SHALL BE REQUESTED THROUGH A VIOLATION HEARING TO THE BOARD OF COUNTY COMMISSIONERS. 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 06/05/2009, 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. Sincere Ann Siron Zoning Compliance Officer pc: ZCV09-00136 Page 1 of 2 "DC. COLORADO May 05, 2009 NAKAGAWA JOSEPH 2102 CHERRY AVE GREELEY, CO 80631 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.-Mailasiron@co.weld.co.us Case: ZCV09-00136 Legal Description: 12443 L4 NW4NW4 15 5 65 SITUS: 2120 CHERRY AV WELD 80631 Dear: NAKAGAWA JOSEPH 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 III(3), Division 2 Residential Zone Districts 23-3-110 R-1 (Low -Density Residential) Zone District. 23-3-110.A Intent. The purpose of the R-1 Zone District is to provide areas in the COUNTY for SINGLE-FAMILY residential USE that are located, designed and developed in compliance with Chapter 22 of this Code and the adopted MASTER PLANS of affected municipalities. The R-1 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. 23-3-110.B Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1)or more of the following USES. Land in the R-1 Zone District must be USED in compliance with the bulk requirements contained in Section 23-3-160 below. USES within the R-1 Zone District are subject to the additional requirements contained in Articles IV and V of this Chapter. 23-3-110.B.1 One (1) SINGLE-FAMILY DWELLING per LEGAL LOT, said SINGLE-FAMILY DWELLING shall be connected to and served by a PUBLIC WATER system and a PUBLIC SEWER system. This requirement does not apply to any LEGAL LOT created prior to the original effective date of this Chapter (August 25, 1981). Chapter 23, Article IV(4), Division 3 Mobile Homes and Manufactured Structures 23-4-130 No mobile home/manufactured structure may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may he required by this Section. Each mobile home/manufactured structure located or relocated in the County after said date must have a building permit for a mobile home/manufactured structured issued pursuant to Chapter 29 of this Code. An application for any zoning or building permit fcr a mobile home/manufactured structure required by this Division shall include the following. Page 1 of 2 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mailasiron@co.weld.co.us To bring your property into compliance with the Weld County Code: SINCE THE MOBILE HOME (M03343) IS BEING SOLD WITH THE PROPERTY AND IS NO LONGER BEING OCCUPIED, THE USE AS AN ACCESSORY TO THE FARM NO LONGER EXISTS. THEREFORE THE MOBILE HOME SHALL BE 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 06/05/2009, 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 Compl pc: ZCV09-00136 acD icer Page 2 of 2 Wlet �iYC April 29, 2009 NAKAGAWA JOSEPH 2102 CHERRY AVE GREELEY, CO 80631 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: ZCV09-00136 Legal Description: 12443 L4 NW4NW4 15 5 65 SITUS: 2120 CHERRY AV WELD 80631 Dear NAKAGAWA JOSEPH: 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: PRESENCE OF A MOBILE HOME WITHOUT CURRENT ZONING 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. Sincere Ann Siron Zoning Compliance fficer pc: ZCV09-00136 6-0 ,,15 3 3''1 3 Page 1 of 1 WE�Yc. 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 Initiated by: ZONING CODE COMPLAINT staff/Namet0. Inine 5 0 Citizen 0 Other ❑ HEALTH DEPARTMENT Citizen's Name (If known) O WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known). O BUILDING CODE COMPLAINT O PUBLIC WORKS / PEST & WEEDS Date Complaint was received: Pending Case # (i.e. USR, RE, SE, ect...): Legal Description: LA/ war�5-5-/5 Parcel #: 69101-.15-2-60 -65 Violation Address: al ego L'htrry &t' (4rec/C y g.,0 1 Property Owners Name: S .b$ GLJ(] natarezia Phone: Property Owners Address: Tenant's Name: _ Tenant's Address: NATURE Phone: OF COMPLAINT: Additional Notes: 34 E I_IM Lill _ Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R3391086 Tax Area: 0693 Acres: 4.5 Township Range Section Quart. Sec. 05-65-15-2 Bordering County:z^ voct „ppl3(p Parcel#: 096115200015 IRPIIIMWOMMIBOMUCGA. Subdivison Name Block# Lot# UNION COLONY LANDS - - 4 Owners Name & Address: NAKAGAWA JOSEPH Y 2102 CHERRY AV GREELEY, CO 80631 Property Address: Street: 2120 CHERRY AV WELD City: WELD Business/Complex: Sale Date 3/22/1996 Sale Price $110,000 Sales Summary Deed Tyne WD Reception # 2482674 Legal Description 12443 L4 NW4NW4 15 5 65 SITUS: 2120 CHERRY AV WELD 80631 Land Type Residential Land Subtotal: Abst Code 1112 Land Valuation Summary Unit of Number of Measure Units Acres 4.5 4.5 Actual Value $162,000 Buildings Valuation Summary Bldg# 1 2 Property Type Residential Out Building Improvements Subtotal: Actual Value Total Property Value Account#: R3391086 Owners Name & Address: NAKAGAWA JOSEPH Y 2102 CHERRY AV GREELEY, CO 80631 Building# 1 Built As: Exterior: Ranch 1 Story Frame Hardboard Building Details Property Address: Street: 2120 CHERRY AV WELD City: WELD Property Type Residential Individual Built As Detail Year Built: HVAC: $102,396 $264,396 1900 None Assessed Value $12,900 Assessed Value $8,150 $21,050 Parcel#: 096115200015 http://maps2.merrick.com/Website/Weld/setSql .asp?cmd—QUERY&DET =PP&pin=O9611... 4/29/2009 Identify Results Page 2 of 2 Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Drywall 1 1 0 Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 1324 Composition Shingle 0 Account#: R3391086 Parcel#: 096115200015 Owners Name & Address: NAKAGAWA JOSEPH Y 2102 CHERRY AV GREELEY, CO 80631 Building# 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 2120 CHERRY AV WELD City: WELD Property Type Out Building 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: 1960 None 3000 0 http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY& DET=PP&pin=09611... 4/29/2009 Identify Results Page 1 of 1 Account#: R3391086 Owners Name & Address: NAKAGAWA JOSEPH Y 2102 CHERRY AV GREELEY, CO 80631 Business/Complex: Parcel Valuation Property Address: Street: 2120 CHERRY AV WELD City: WELD Legal Description Parcel#: 096115200015 12443 L4 NW4NW4 15 5 65 SITUS: 2120 CHERRY AV WELD 80631 Land Value $162,000 Impr. Value $102,396 Total Value $264,396 Tax Area: Township Range Section Quart. Sec. 05-65-15-2 Land Subtotal: Sale Price Sale Date $110,000 3/22/1996 Land Assessed Value Impr. Assessed Value Total Assessed Value $12,900 $8,150 $21,050 Bordering County: Subdivison Name Block# Lot# UNION COLONY LANDS - - 4 Acres:4.5 Deed Type Reception # WD 2482674 httn://mansi merrirk enm/Weheite/Uhalri/oatCnl no..9n.,,,7—nT Dv n_r1r.-r—n_..__i /� A la ,nnnn Recorded at o'cic M on Book i Reception No. Recorder �(o 16,3SoM c-�-`Wartai1) Deed THIS DEED is a conveyance of the real property described below. including any improvements and other appurtenances Ube "property") from the mdrvidual(s). corporationlal. parinershipls), or other avails/CBS) named below as GRANTOR to the individuals) or enlilypesl named below as GRANTEE. The GRANTOR hereby sells and conveys the properly to the GRANTEE and the GRANTOR warrants the title to the property, except for (I) the lien of the general properly tares for the year of this deed. which the GRANTEE will pay (2) any easements and rights -of -way shown of record 13) any patent reservations and exceptions (d) any outstanding mineral interests shown of record IS) any protective covenants and restrictions shown of record. and (B) any additional matters shown below under "Additional Warranty Exceptions". The Specific Terms of This Deed Are: Grantor: 10..e camels) ado placelst nl residence rl Me snnnse of lire ownergr antor Is mining in this need toreleeet homestead rights. a enlay grantors as hosnand and will CHARLOTTE M. NAMBA AND DONALD M. MIYOSHI, AS TRUSTEES UNDER THE RAMAKO MIYOSHI TRUST DATED MARCH 2, 1993 Grantee: Ca se nammst and addresslesl stalemmm or adm eta 'nuodrng mnhnte road tar meet hum bet. Is mgrdred I JOSEPH Y. NAKAGAWA AND MACHIKO M. NAKAGAWA 2120 Cherry Avenue Greeley, Colorado 80631 Form of Co -Ownership: nnneve vetwo or rnoregranteen noc ur:d. prey will be considered to tabeas ienantsrncommon en less the wens"rn torn tenancy or words or me same meaning are added in the space below I Joint tenants Property Description: Include comely and vane I LOT 4 OF THE NORTHWEST 1/2 NORTHWEST 1/2 OF SECTION 15, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH P.M., ACCORDING TO THE SUBDIVISION OF LANDS BY THE UNION COLONY OF COLORADO, COUNTY OF WELD, STATE OF COLORADO together with well permit number 12705 R R 1/2 share as per agreement recorded October 21, 1980 in Book 918, Reception 111839533 Property Address: 2120 Cherry Avenue, Greeley, Colorado 80631 Consideration: I the snlsmenl of anmlar enamor is (Annonar arnorialemmrdetarrorr tar tics need wince presumedunlessthis conveyance rs aemormi as anal .n any:. 5nvevancr'r.. ;mmlr ie brie. and unconditional I One hundred ten thousand and 00/100 ($110,000.00) Reservellons-Restrlcttons: itnee GRFN1 OR intends in teseme any nnnnsun the properly nr to convoy less loon he owns or dine GRANTOR ds iesbdamg the GrmetdrEE S right in the pintlerly dike apemnnaie imnramm None 2482674 B-1539 P-431 03/26/96 03:50P PG 1 OP 1 BBC DOC Weld Canty CO Clerk & Recorder 6.00 11.00 Additional Warranty Exceptions: amide deeds of salt 'mom assi,,encr and miler mnuors not covered .move I None Executed by the Granhu on March 22 9 _96 Signature Clause for Corporation. Partnership or Association: Signature Clause for Individualist: Name of Grantor Corporation. Partnership or Assocrabon Onarlotte 'H. and Grantor fly Br AIle51 emeti- �y elder Donald M. Miyoshii/Trustee under canto, the Hamako Miyoshi trust dated March 2, 1993 Grantor STATE OF COLORADO ) COUNTY OF . Sie4d I ss. Yee rorergoing insigottjrstwas acknowledged (mime me this 22nd e gl;/Chp to EXppt Namba a9 Trustee and Donald M. M L, (\ IEa4 aidegttt kvoshi trust dated March 2, 1993 pl'NESS'my he Sena l _ l seal Me comatlsewa:aspir .At :g3/99 6Ta 081?G.`° COJJN.rvOF .,•' I 55 The iorengrngrresMu a.J was achnowle ogees bemre me inn By' nay of March is 96 hi eas Trustee rid the de) ( 9f94i7/1I B day of Nelery Public I• name individual Granto,lsl or if Grantor is corporation. Partnership er Association. themdentity Signersas president or vicepresldent andser:reteryor assistant .secretary of corporation or as pares,),) of partnership. Or as arllnorrted member's) of estocwron 1 WITNES my hand and ofncial saw My commission expires: Notary Pew r 1911 UPDATE LEGAL FORMS P O Boa rtt5 • Greeley Cmorado eoe'12 NO. 20 IIIIMEMIIIIIP IIIII IIIMIIIIIIIIIII WIIIMPM Hello