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Home My WebLink About20080791.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST KATRINKAGRASHOT CROMWELL 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,Katrinka Grashot Cromwell, BCV#0701060,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 11th day of March, 2008, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS,Charles and Katrinka Grashot Cromwell, property owners,were 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 April 11, 2008, to allow adequate time for the property owners to pay the reduced fee for the Building Permit needed for the replaced mobile home 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 BCV#0701060 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Katrinka Grashot Cromwell 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 April 11, 2008, to allow adequate time for the property owners to pay the fee for a new Building Permit, which was reduced to $350.00 by the Board of County Commissioners, for the replaced mobile home to bring the subject property into compliance. 2008-0791 PL0824 00 ', QL , VI U Q3--o2-S —l1R VIOLATIONS - BCV#0701060 - KATRINKA GRASHOT CROMWELL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of March, A.D., 2008. BOARD OF COUNTY COMMISSIONERS l WELD COUNTY, COLORADO ATTEST: DiRta • ��,7 1---/,/ (AYE) trY � it ' H. Jerke, Chair Weld County Clerk to the &- $\L-Y (AYE) 1 Robert D. A den, Pro-Tern BY: \ ,( l.(,r-r t De y Cler o the Board °I (NAY) Will' F. Garcia AP O D A J c�4 AYE � David E. Long ounty Attorney a LC AYE 1 Douglas ademacher Date of signature: 3 4 kg 2008-0791 PL0824 Violation Summary Report BASIC INFORMATION GRASHOT KATRINKA NAN & PO BOX 21 GILL, CO 80624 Tenant: Compliance Officer: Peggy Gregory Violation Number: BCV07-01060 Situs Address: 33553 HWY 392 Legal: 7628-A PT NE4 18 6 63 COMM NE COR SEC SOD08'E 1700' M/L S69D08'W 491.6' M/L TO TRUE POB $69D08'W 229.92' N16D44'W 318.45' N73D34'E 218.35' S18D49'E 300.93'TO POB LOT A REC EXEMPT RE-748 SITUS: GILL 000000000 Location: Location NORTH OF AND ADJACENT TO HWY 392, EAST OF COUNTY ROAD 61.5 North AGRICULTURAL PROPERTIES South AGRICULTURAL PROPERTIES East AGRICULTURAL PROPERTIES West AGRICULTURAL PROPERTY/BARNESvILLE Parcel Number: 079918000022-R1169486 Acreage: 1.59 Certified Mail Date: 02/22/2008 Currently the property is in violation of: 29-7-10"Permit required." No mobile, manufactured or factory-built home, as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official. REMEDY A building permit application and all applicable documentation shall be submitted for the mobile home located on the property, fees paid, the permit issued, and all inspections completed. RECOMMENDATION Staff recommends this case be referred to the County Attorney for immediate action as I have had several conversations with both Mr. and Mrs. Cromwell explaining that they need to obtain a building permit for the mobile home on the property. LETTER HISTORY 08/16/2007 Complaint Received a.uiM2i9� 01/04/2008 LTTR: Violation Notice 02/22/2008 LTTR: Hearing Notification OTHER CASE HISTORY 08/20/2007 NOTICE Complaint has been filed that a mobile home has been moved in without a building permit and home is being occupied without a certificate of occupancy. Please contact our office within five days regarding this matter. 08/21/2007 Office Visit Charles Cromwell was in the office and spoke with Fred SanMartin and myself. We explained that the mobile home must be permitted and all inspections completed. He says they have a plumber working on it at this time. He stated that a newer mobile home had been on the property but his wife"s deceased husband had not made the payments and it had been repossessed. The current 2008-0791 Violation Summary Report home is one that has been on the property for 30 years, they just moved it back to the spot where the newer mobile home had been. I spoke with Roger Vigil and Bryon Horgen regarding how to proceed with this case. 08/27/2007 Office Visit Mr. and Mrs. Cromwell were in the office and spoke with Ann Siron and myself. I explained again that they need to get a building permit and helped with completing the form. The well that they intended to use is on the neighbors property and I told them that they would need to get a well on their parcel. They stated that they can"t because it is too close to an oil well. They will contact the Health Department to verify septic. 02/11/2008 Office Visit Katrinka Cromwell was in the office today to bring the "well permit." I explained that the form she brought is simply an estimate from R & R Well to drill the well, she still needs to get the well permit through the Divison of Water Resources. She said she will try to get that. 03/04/2008 Property Inspected MOBILE HOME IS ON SITE- NO BUILDING PERMIT APPLICATION HAS BEEN SUBMITTED. 02/27/2008 Office Visit Mrs. Cromwell was in the office to bring in a copy of a well permit and stated that she was told by the Division of Water Resources that the well would serve both Lots A and B of RE-748 and that she could not get a new permit for Lot A. 02/28/2008 Phone Call Phone call to Dawn at the Division of Water Resources (970-352-8712). She said that the well permit specifically states the well is for the 44-acre parcel and that, to her knowledge, the Cromwell"s should be able to get a permit for household use only on Lot A. 03/04/2008 Office Visit Mrs. Cromwell was in the office today. I again explained that they need to get a building permit for the mobile home on site and will need to submit a well permit along with a septic permit. She inquired about the cost of the permit and was told it would be approximately$750.00. 03/03/2008 Office Visit Mr. and Mrs. Cromwell were in the office today. We again talked about getting a building permit and what is involved with that. 03/05/2008 Phone Call Phone call to jessie White, owner of the adjacent property. He said they do not have an agreement to use the well which is located on his property and they are using his water. DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 91810th Street Greeley, CO80 Website: WWW.CO.WELD.CO.US Email Address: pgregory@co.weld.co.us 1110 C Phone Number: 970-353-6100 x3568 Fax Number: 97FE SOUTHWEST OFFICE CR 24.5 COLORADO Longmont,4209CO C 24.5 i.n�l.I«/ Phone: (720)652-4210, Ext 8730 Fax: (720) 652-4211 February 22, 2008 GRASHOT KATRINKA NAN & PO BOX 21 GILL, CO 80624 Legal Description: BCV07-01060 7628-A PT NE4 18 6 63 COMM NE COR SEC SOD08'E 1700' M/L S69D08'W 491.6' M/L TO TRUE POB S69D08'W 229.92' N16D44'W 318.45' N73D34'E 218.35' S18D49'E 300.93' TO POB LOT A REC EXEMPT RE-748 SITUS: GILL 000000000 Dear: GRASHOT KATRINKA NAN & The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissiners on: 03/11/2008 10:00 AM to consider the violations. The property is in violation of the following Section(s)of the Weld County Code: 29-7-10"Permit required." No mobile, manufactured or factory-built home, as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official. To bring your property into compliance with the Weld County Code: A building permit application and all applicable documentation shall be submitted for the obile home located on the property, fees paid, the permit issued, and all inspections completed. This meeting will take place at 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 at this meeting to answer any questions the Board of County Commisioners might have regarding the violation. The Department of Building Inspection 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 that the nature of the violation, the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you wish to see me personally, please call to schedule an appoin tment so that I may reserve a sufficient amount of time with you. Sincerely, 64y Art Peggy Gregory Building Compliance Officer pc: BCV07-01060 U.S. Postal Service,. CERTIFIED MAIL,_. RECEIPT n' (Domestic Mail(nly;No Insurance Coverage Provided) F r•elivery inf•rrnati nviait•ur we•siteatwww.us•s.c•rr� ru ru Postage $ m certified Fee p Postmark Return Receipt Fee Here (Endorsement Required) m Restricted Delivery Fee - f0 (Endorsement livery Required) ED a Total Postage 8 Fees u-I p Sent To p Katrinka & Charles Cromwell 'Street,Apt.No.: or PO Box No. 33553 HWY 3922 PO Box 21 City,State,ZIP+4 Gill CO 80624 PS Form 3800,June2002 - See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Signature • Complete items 1,2,and 3.Also complete A Si g C�'k»" ' 7 Agen item 4 if Restricted Delivery is desired. / -mot • Print your name and address on the reverse Xi(Ier ,j RAddressee so that we can return the card to you. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, __-i�// or on the front if space permits. fri n tot C roma Lil a - F D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No KATRINKA & -CHARL>> I&eellti /ENPningfcPartmefltp060X / _ , y- 33553 HWY 392 GREELEY OFF ,E / _ PO BOX 21 GILL CC 80624 FEB t I ZUl3. Service Type It Certified Mail O Express Mail �.'egistered ❑ Return Receipt for Merchandise �r v ...w � si Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1820 0003 5225 4493 (Transfer from service label PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 relto DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 Website: wvvw.co.weld.co.us Wilge E-mail Address: pgregory anco.weld.co.us Phone (970) 353-6170) 30 3568 Fax: (970) 304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE January 4, 2008 KATRINKA and CHARLES CROMWELL 33553 HWY 392 PO BOX 21 GILL CO 80624 Subject: BCV07-01060, Part of the NE4 of Section 18, T6N, R63W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Cromwell: It has been determined that the property located at 33553 Highway 392 is currently in violation of the following Section of the Weld County Code: Section 29-7.10 of the Weld County Code states that no mobile,manufactured or factory-built home may be located or relocated within the County without a building permit issued by the Building Official. To bring your property into compliance with the Weld County Code: A building permit application and all applicable documentation shall be submitted for the mobile home located on the above noted property. It is the intention of this office to assist and cooperate with you without imposing undue hardship; however,we have no discretion in this matter if you fail to correct this violation within 30(thirty)days from January 4, 2008. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the case to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. 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. S. rely, Peggy Gregory Building Compliance Officer pc: BCV07-01060 Ann Siron. Zoning Compliance Officer Bryon Horgen, Assistant Building Official WELD COUNTY BUILDING INSPECTION CORRECTION NOTICE PERMIT NUMBER: ,,_/ /J PAGE OF fig re// i≥ 070'-/X -Q -co _C2--,7/ PROPERTY ADDRESS/LEGAL 33x(3 (64..-7j7 9.2 �,j,- INSPECTIONS OF THIS STRUCTURE REVEALED THAT THE FOLLOWING IS NOT IN • COMPLIANCE WITH THE WELD COUNTY BUILDING CODE ORDINANCE. r Mc56./e Liy.7c 's r .-- IC) n1 gern,7s/ o,- cep,..d., by Oct 025''`4 oat'? to A-voi0f A 1 /�� v,b/627-:0-zi D CORRECTIONS MUST BE MADE BEFORE: J REINSPECTION REQUIRED. WHEN CORRECTIONS ARE MADE, PLEASE CALL FOR REINSPECTION. (970)356-8016 OR 1-800-234-2534. U REINSPECTION FEE REQUIRED BEFORE THE NEXT INSPECTION. ID THIS PERMIT EXPIRES ONN:: INSPECTOR L DATE g- o?'/-0 7 IF YOU WISH TO SPEAK TO AN INSPECTOR, CALL: (970)353-6100, EXT. 3540, BETWEEN 7:30 A.M.AND 8:30 A.M. DO NOT REMOVE THIS CORRECTION NOTICE rijo V: f02) DEPARTMENT OF PLANNING SERVICES Code Compilance Division. wgig918 10'" Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 • COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS omplaint .Mated by: 7 ZONING CODE COMPLAINT la Saff/Nam C Citizen 7 Other: • HEALTH DEPARTMENT Citizen's Name(If known): ❑ V LD COUNTY' SHERIFF'S OFFICE/ANIMAL CON PROL Phone Number(If known) • e- ELUDING CODE COMPLAINT • PUBLIC WORKS /PEST&WEEDS �(� �� Date Complaint was received: Pending Case#(i.e. USR,RE. SE. ect...): ) Legal Description: TEL/ /9-4 63 ) 2f f40F Re _74 y Parcel r: Olei�]-1 -4 �- - -on my Violation Address: 4)3 � /22 G 7 4 4S' Property Owners Name: 44 h ht_..a Phone: Property Owners Address: -Po x a/, �' / (in .8.01,,24,/ Phone: Tenant s Name'. Tenant's Address: NATURE OF COMPLAINT: / pi dip h wr ga v- tbu,./dLa y-p. . s • Additional Notes: Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES • 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 1397 WELL PERMIT NUMBER 260927 - APPLICANT DIV. 1 WD 1 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY SE 1/4 NE 1/4 Section 18 CHARLES & KIT CROMWELL Township 6 N Range 63 W Sixth P.M. 33553 HWY 392 DISTANCES FROM SECTION LINES GILL, CO 80624- 1630 Ft. from North Section Line 646 Ft.from East Section Line (970)352-8912 UTM COORDINATES (NAD83) PERMIT TO CONSTRUCT A WELL Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A)as the only well on a tract of land of 44 acres described as that portion of the E 1/2 of the NE 1/4, Sec. 18,Twp.6 N, Rng. 63 W,Sixth P.M.,Weld County, more particularly described on the attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three(3)single family dwellings,the irrigation of not more than one(1)acre of home gardens and lawns, and the watering of domestic animals. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. ° 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTICE:This permit has been approved for a change of the distance from the North section line applied for,in order to place the proposed well on the 44-acre property. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty(60)days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24.4-104 through 106, C.R.S.) 1.0. C, > t APPROVED �[�J(,/� f IDC 7�^� ^' � O/t�cq ui CJ7i State Engineer By Receipt No.0533076 DATE ISSUED 12-20-2004 EXPIRATION DATE 12-20-2006 Recorded at_ B 1077 REC O2O18363 O7/24/85 16:22 $6.00 1/002 AR2Oy8363 '^N°' F 2064 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO quit Ciainigkea, TI-US DEED is a conveyance from the individual(s), corporation(s) or other entity(ies) named below as GRANTOR to the individual(s)or entity(ies) named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: Grantor. Give nemesis)and place(s)of residence;it the spouse of the owner-granter''is joining in this Deed to release homestead rights identity grantors as husband and wile.) JAMES E. HESS and ELIZABETH M. HESS P. 0. Box 51, Gill, CO 80624 Grantee: (Give name(s)and addressles).statements of address,including available road or street number,is required.) JOSEPH FRANKLIN GRASHOT, JR.; KATRINKA NAN GRASHOT and JOHN EARL HESS, P. 0. Box 51, Gill, CO 80624 Form of Co-Ownership: (If there are two or more grantees named.they will be considered to take as tenants in common unless the weros"in joint tenancy"orwords of the same meaning areadoed in the space below.) Property Description: (Include county and state.) (See attached legal description) • ; Property Address: 0 n Reservallons•Hestrldtlons: (If the GRANTOR intends to reserve any interest in the property or to convey less than he owns, or of the GRANTOR is restricting the GRANTEES right in the property, make appropriate indication,) E,ecuted oy Ire Grantor on 9cz,vz-L- 19 15 O Signature Clause ler Conpratin.PannenMP er Associalbn: Signature Clause rer ln6W16 oldsl: Name of Grar'lor Corporation.Partnership or atstoralion J9m2e a�E. Hess Grantor Ct By N o Elizabeth M. Hess Grantor • 'O By O• rn Attn „ Grantor t • r : tun ff,4p R-• ST„a goo l;oeoRaQD I ss. o -v o ,SbuNTy O re ei a� { l,,�.// Sror in � �np",fla�p�r�r}iVH'e? SacanpwlepgM before me rho ytAf, lI/i.r. I s 81° lark' II ILA LE: Hess and Elizabeth M. Hess ��-� wC WI.E9a ya ILA snytADcal seal. s �• My,pemmlwen'..Plr:eFA fy—ler_gd /"'-T��Nel ' Me1ry hMK u STATE Ca CV/ '• 155. 8 Tree Ioregomg instrument was aanowledged before me ms day of 19 by' I'name inolnoual Grunions)or if Grantor is corporation.Permeranmor Association,men ioemilys,gnersaapresioentornce president mdsecretaryor as hiuman?secretary or corporation,or as pannertsl of partnership;or as aulnerKeo memberltl Sl asepcialion.1 WITNESS my hang and&hoist seal my cemmlaason noires: Motets Public 1981 UPDATE LEGAL FOAMS x P.O BOa MPS-Gurley.Colorado 80632 ✓ O 13031 356.63110 NC. 203 B 1077 REC 02018363 07/24/85 16:22 $6. 00 2/O02 F 2065 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Lot A of Recorded Exemption No. 0799-18-1-RE748 recorded in Book 1O73 under Reception No. 02014126 on 6/20/85 in the Weld County Clerk and Recorder's Office, described as follows: All that part of the Northeast Quarter (NEI) of Section Eighteen (18) , Town- ship Six (6) North, Range Sixty-three (63) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the intersection of the East line of said Section 18 and the North right-of-way line of Colorado State Highway 392, and considering the North right-of-way line of Colorado State Highway 392 as bearing South 69°08' 00" West with all other bearings contained herein relative thereto; thence South 69°08'00" East 491.6 feet, more or less, along the North right-of—way line of Colorado State Highway 392 to the TRUE POINT OF BEGINNING; thence continuing South 69°08'00" East, 229.92 feet along said North right—of—way line; thence North 16°44'27" West, 318.45 feet; thence North 73°34'08" East, 218.35 feet; thence South 18°49'53" East, 300.93 feet to the TRUE POINT OF BEGINNING. Said described parcel contains 1.59 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing On said described parcel of land. 4 Y i__.4.- - ._. III? I1 o O!O _'O r .4 . 1 co jO ( .. a O N I•► H >•7ti �+ • �. r LL ::::!!1.1.P, 14YW 8 O 4 g NOWUtip N • �• ? f�iaMW dO �r '� • s , NLL(Cr,Q ,i ' ; a SM.. a N ; �, Rk! r La C:"*. LO J C7 : Q. (r w�1 f ti s -- lig O V Z J00O • :,-44Q is a -,� jg o • co M I,.al .. .• °� 1 J z _• .......,..,......L.-----:.-;:-.- —pH C Z v % ,.., ac p O_ p� OJ RI c' gi _ d — � 0r2HC: ..N p ILi ITT •• R d. a aa)i 44O°7 0 m u9 ,-;I I °'- 0 m 1,, '7 Tti :,:i..L.ail....• • `' W 007 O•an T'•` V �' �, y y. Z� j�1 • n. J rY 000000 • . d C2 M ai 0 L1 Z pr7C "'= < . . � : .,' '� '^� NOO100W CSC, iy fCIrGArX' • ,,-',4.,,,'.:,4• M h.rmem f ' i ',:..C.4, O Fan W � = SAM .7F z O Q O .r. O COD �}„ C a T3'.7.41 aJ v O© fl N . V k V7 J be�` I ) : V t; S 43 Q =' a i L.-..- i.4.... 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