HomeMy WebLinkAbout20081919.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST DANIEL LACOE 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, Daniel LaCoe, BCV #0800076, 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 July, 2008, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Daniel LaCoe, 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 September 8, 2008, to allow adequate time for the property owner to submit a
Flood Hazard Development Permit and complete all the work needed to bring the structure into
compliance for said permit, 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#0800076 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Daniel LaCoe 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 September 8,2008,to allow adequate time for the property owner to submit
a Flood Hazard Development Permit and complete all the work needed to bring the structure into
compliance.
2008-1919
PL0824
(10 P. PL 61/Oc:
VIOLATIONS - BCV#0800076 - DANIEL LACOE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of July, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
�G
WELD COUNTY, COLORADO
ATTEST: 1ILU / � j ILa�� aL7---i 2-'
la : William H. Jerke, Chair
Weld County Clerk to th(Bo : °�'' '
%�'�� , EXCUSED
c� • Rob . Mast Pro Tern
BY: C�cze,_ Co• v1. r� ill (Pi
Deputy Clerk to the Boa
���� e
1m_F4GayCiacer
si
'PRO D Ay R :
David E. Long
ount ttorneyr LAC<,vl‘ ✓
ouglas fdemacher
Date of signature: 81/61
2008-1919
PL0824
Weld County Violation Summary
Building Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Daniel A LaCoe
Violation Number: BCV08-00076
Address: 11705 Julius ST, Fort Lupton, CO 80621
Legal: Part of the NE4 of Section 25, T1 N, R67W of the 6t" P.M., Weld County, Colorado
Location: South of County Road 6, East of County Road 23
North: Wattenburg
South: Agricultural property
East: Agricultural property
West: Wattenburg
Parcel Number: 1469-25-1-00-025 Acres: 2.02
Certified mail date: June 18, 2008 Received:
Regular mail date: June 18, 2008
Currently the property is in violation of:
Chapter 29, Article III, Section 29-3-10 "Building permit required."
REMEDY
To bring the property into compliance a permit application and all applicable documentation shall be
submitted for the structural steel building, fees paid, the permit issued and all inspections completed. A Flood
Hazard Development Permit shall be submitted to the Public Works Department.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for
immediate action as no permit application has been submitted.
CASE HISTORY
April 29, 2008 30-day violation letter issued.
May 29, 2008 Phone call to Daniel LaCoe. He said he had contacted the Public Works Department
but had not gotten a response and he had contacted his attorney.
June 18, 2008 Certified letter mailed indicating the violation case is scheduled before the Board of
County Commissioners sent certified mail and regular mail.
June 30, 2008 Phone call to Daniel LaCoe to verify he is aware of the hearing on July 8, 2008, as he
has not responded that he received my letter.
2008-1919
WELD COUNTY PLANNING DEPARTMENT
Peggy Gregory
Building Compliance Officer
918 10th St
Greeley, CO 80631
C
Phone: 970-353-6100 x3568
FAX:970-304-6498
E-Mail: pgregory@co.weld.co.us
COLORADO
June 18, 2008
LACOE DANIEL A
11735 JULIUS ST
FORT LUPTON, CO 80621
Case: BCV08-00076
Legal Description: 20042-B PT NE4 25 1 67 BEG N4 COR SEC N89D28'E 911.52' S01D06'E 785' TO TRUE POB
N89D28'E 180' S01D06'E 489' S89028'W 180' N01D06'W 489' TO TRUE POB SITUS: 11705
JULIUS ST WELD 000000000
Dear: LACOE DANIEL A
The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of
County Commissiners on:
07/08/2008 10:00 AM
to consider the violations. The property is in violation of the following Section(s) of the Weld County Code:
29-3-10 "Building permit required."
No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered, repaired,
moved, improved, removed, converted or demolished unless a separate building permit for each building or structure
has been first obtained from the Building Inspection Department. (Before any demolition permits are issued, approval
must be given by the Department of Public Health and Environment.)
To bring your property into compliance with the Weld County Code:
Please be advised that the zoning permit will also be presented at the Violation Hearing.
A permit application and all applicable documentation shall be submitted for the structural steel
building, fees paid, the permit issued, and all inspections completed. A Flood Hazard Development
Permit shall be submitted to the Public Works Department.
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 Commissioners 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 appointment so that I may reserve a
sufficient amount of time with you.
Page 1 of 2
6itr\\
WELD COUNTY PLANNING DEPARTMENT
Peggy Gregory
Building Compliance Officer
918 10th St
ig
Gree ey, CO 80631
phone: 970-353-61 x3568 C FAX: 0
�., E-Mail:
304-64980o.weld.o.us
COLORADO
Sincerely, i.I pgregory@co.weld.co.us
rY@
U.S. Postal Service r„
Li" CERTIFIED MAIL. RECEIPT
- (Domestic Mail Only;No Insurance Coverage Provided)
Peggy Gregory 0
tr'I F.,.elivery inf•rmatl,n visit •ur we•site at www.usps.c.me,.
Building Compliance Officer
pc: BCV08-00076
rti ' F
I- Postage $
Certified Fee -
O
a Return Receipt Fee - Postmark
(Endorsement Required)
Here
ORestricted Delivery Fee
(Endorsement Required)
Q'
r.q Total Postage&Fees
I'- Sent To
Daniel A LaCoe
*threat Apt.No.;
I"- erPoeo"Na 11735 Julius 01
City,Stele,ZIP+4
Fort Luton CO 80621
PS Form 3800,August 2006
See Reverse for Instructions
Page 2 of 2
10.THrtiiw, DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
' E-mail Address:porecioryco.weld.co.us
Phone: (970)353-6100, Ext. 3568
C. Fax: (970) 304-6498
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
April 29, 2008
DANIEL A LA COE
11705 JULIUS ST
FORT LUPTON CO 80621
Subject: BCV08-00076, Part of the NE4 of Section 25, Ti N, R67W of the 6`h P.M., Weld County, Colorado
Dear Mr. LaCoe:
It has been determined that the property located at 11705 Julius Street is currently in violation of the following Section
of the Weld County Code:
Section 29-3-10"Building permit required."
To bring your property into compliance with the Weld County Code:
A permit application and all applicable documentation shall be submitted for the structural steel building
on your property, a Flood Hazard Permit approved, fees paid, the permit issued, and all inspections
completed.
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 April 29,2008. 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.
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.
ZAr?
Peggy Gregory
Building Compliance Officer
pc: BCV08-00076
David Bauer, Public Works
Bethany Salzman, Zoning Compliance Officer
i 1)6 1111111111111111111 EIH III 1111 11111 III 11111 IIII eft Book Page
2815185 12/2512000 01:39P JA 8ukl Tsukemoto Recorder
1 of 2 R 10.00 D 0.00 Weld County CO
Quit Claim Deed
THIS DEED is a conveyance from the indivldual(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 end quit claims to the GRANTEE the real property described below with all its
appurtenances.
The specific terms of this deed are:
Grantor: b,e,,,,,,,,ausre Nx•blo,r•.N+no..tots roan.al Ow awnglivantor Ir lalnrnp bIni.Una to release wooing qua ro•nld),e.noa.an
n+.d.nd an+sal.
Tony D. Alatore and Henrietta Alatore
1785 Mary Avenue
Fort Lupton, CO 80621
Grantee: lobe meal.a10 ideal Oath mumnl al ad,r.u,eaWmn;a.awrra roue Of numoo,a rwwnd I
Daniel A. LaCoe
11735 Julius Street
Fort Lupton, CO 80621
Form of Ca-Ownership: (II then.we trio w more arm heating will as aotrald.r.d Is lies a.omits,a.cOrtorea unless In.riot.. m lore r.oarcr ar
woreth,at the s•me m.ennp•t.aaana In insane")Wow)
Properly Description: (inoaae count),sode•1.I
See attached "Exhibit A— Legal Description" by this reference made a part
hereof.
Property Address:
None—Vacant Land
a
Reservations-Restrictions: (aim GRANTOR 4Wnd.b room any'ninon,m aIts plae.perly or la covey Yu n.owns,or,IM
GRANTOR o o.mNrep Me GRANTEE'S%hi'in Ina property,m•k•"Apropos.indication I
3
d Executed the Grants on December 9O 2000
by S'¢wtme Clause for InaNldualtd):
Signature Claw lot Capaallon,PmtrumelP a p+eoclallen:
•
Name or Grantor: Corporation.Partnership or Aaaciation rantoa
1T,ony fiPx .o r/}Z I„ t
MAL
By enrietta Alatore
` r Grantor
e
0y - Grants 1.if _ R. De.„,s ip 114..6:••••
AJ
STATE OF COLORADO s
COUNTY OF WELD /
the lernpe&onaetmerdway 0crnoweda•abeor.m.m, '. /40 do, December, 2000
s; Tony D. Alatore NAt a n 080 es e•• 9
MYComme WTNESS handip son: ,A2
2MC� OF GO<.OP �
STATE OF COLORADO ItiCornirissica Ewuet Nome riled sex
COUNTY Of WELD i qj� Od Ylu.
33
m+r:n.vand d'trnrmt.rn.revxcrw...rrp.a b+ma m.m. r�"""`�. oryol Decembe re Zt110-h ',Ohs6
or. Henrietta Alatore ? , d�'',y, tQ. t
Q
r non.meg&J Grmbrpr or It Genao 6rpaoan.pant's'[or ANa:rrnbn.Aar eager Ipua ntpresowi ewes p.sddplt ytl sa ritavfr aideatl f
reulaY or capctanen.orelpanne^sr a.n Meall.a m•rro+tr,f of oaltootal i,Y • U J l
w1RJESS ml hand and officio!eaa'. 'Sea/ //// /
My commiteon el(r.:ree:4 iI n7„26 L1(� ' C/ germ Ksalt
•
1111111 11111111111 EMI III EMI 111111 III 11111 IIII IIII
28off185 2 R1 O.00�D 0.00 Weld00 01:39P A Suld County Immoto
2 County CO
'EXHIBIT A-LEGAL DESCRIPTION"
ALATORE TO LACOE
THAT PART OF THE NORTHEAST QUARTER OF SECTION 25,TOWNSHIP 1,NORTH,RANGE 67
WEST OF THE SIXTH PRINCIPAL MERIDIAN,WELD COUNTY COLORADO, DESCRIBED AS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE NORTH 89 DEGREES 28 MINUTES 00 SECONDS EAST ALONG THE
NORTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 911.52 FEET
TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF THE ABANDONED
DENVER,LARAMIE AND NORTHWESTERN RAILWAY AS SHOWN ON THE
RECORDED PLAT OF THE TOWN OF WATTENBERG;
THENCE SOUTH 01 DEGREES 06 MINUTES 10 SECONDS EAST ALONG SAID
WESTERLY RIGHT OF WAY LINE A DISTANCE OF 785.00 FEET TO A POINT
ON THE NORTHERLY UNE OF A PARCEL OF LAND DESCRIBED UNDER
RECEPTION NO. 2088625 IN BOOK 1146,WELD COUNTY RECORDS,SAID
POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 89 DEGREES 28 MINUTES 00 SECONDS EAST ALONG SAID
NORTHERLY UNE AND PARALLEL WITH THE NORTH LINE OF SAID
NORTHEAST QUARTER A DISTANCE OF 180.00 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF SAID ABANDONED DENVER,LARAMIE
AND NORTHWESTERN RAILWAY;
THENCE SOUTH 01 DEGREES 06 MINUTES 10 SECONDS EAST ALONG SAID
EASTERLY RIGHT OF WAY UNE A DISTANCE OF 489.00 FEET TO A POINT
ON THE EASTERLY EXTENSION OF THE SOUTH UNE OF BLOCK 20,SAID
TOWN OF WATTENBERG;
THENCE SOUTH 89 DEGREES 28 MINUTES 00 SECONDS WEST ALONG SAID
EASTERLY EXTENSION OF A DISTANCE OF 180.00 FEET TO THE
SOUTHEAST CORNER OF LOT 10,BLOCK 20,SAID TOWN OF WATTENBERG,
SAID POINT ALSO BEING A POINT ON THE WESTERLY RIGHT OF WAY LINE
OF SAID RAILWAY;
THENCE NORTH 01 DEGREES 06 MINUTES 10 SECONDS WEST ALONG THE
EAST UNE OF BLOCKS 20 AND 15,AND ALONG SAID WESTERLY RIGHT OF
WAY LINE A DISTANCE OF 489.00 FEET TO THE TRUE POINT OF
BEGINNING,COUNTY OF WELD,STATE OF COLORADO.
Identify Results Page I of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1004696 Parcel#: 146925100025
Tax Area: 2502 Bordering County:
Acres: 2.02
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
01 - 67 - 25 - 1 - -
Owners Name & Address: Property Address:
LACOE DANIEL A Street: 11705 JULIUS ST WELD
11735 JULIUS ST City: WELD
FORT LUPTON, CO 80621
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
12/20/2000 $0 QC 2815185
Legal Description
20042-B PT NE4 25 1 67 BEG N4 COR SEC N89D28'E 911.52' S01D06'E 785' TO
TRUE POB N89D28'E 180' SO1D06'E 489' S89D28'W 180' N01D06'W 489' TO
TRUE POB SITUS: 11705 JULIUS ST WELD 000000000
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Site
Land Subtotal: $26,000 $2,070
Buildings Valuation Summary
Bldg# Property Type Actual Value AssessedValue
1 Residential
Improvements Subtotal: $301,860 $24,030
http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14692... 6/16/2008
Identify Results Page 2 of 2
Total Property Value $327,860 $26,100
Building Details
Account#: R1004696 Parcel#: 146925100025
Owners Name & Address: Property Address:
LACOE DANIEL A Street: 11705 JULIUS ST WELD
11735 JULIUS ST City: WELD
FORT LUPTON, CO 80621
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 2002
Exterior: Frame Masonry Veneer HVAC: Central Air to Air
Interior Finish: Drywall Built As SQ Ft: 2661
# of Baths: 2 Roof Type:
# of Bdrms: 3 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: 884 Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14692... 6/16/2008
4 I P'dd :ryyy.
r. k s
c'i Q➢ i yr fiat} w Yy a .r ffire ar ;'
9 1 f7 ` Yt �
r`� a �¢ � d s-4. •,...,.a.,,.*;?-4.,•-,.;', ..,,, ''- 'f P �Lz
wx ' E a @ s-2yr' h
r 'E. t' �x=t r re 'i ;s k t;2',,3:051.4;;;Z w E ' t
k k�_ L 'it:rOde `cm 1i F P, $ s aces + ii5x .. � I A itiit,s* +.—alt'`"x'<`�Y a�§" if::::::::` :r
R 1,..572.;••:::4f.::::,:—.,,,_:,, , t A. x
ti :: ak," a 5 YTM -!' -4 t'•' n' , ° f{ s.x ,r, a .a.
a 6. .. d 5}, '4::::::‘:',.:±i7'..1:.•;.1:',4
• .a r t, t
y k t d '�4 i ,r x ' . slay *: ':a • 'e aryl" .ti #
s x vas
4 � � s.:N E >7 d..
,rGr �+ _.P �.��� kp d�{' �k 1;.m.�.F� �nll < ki N +.
[� w S "✓'"w n P�#{-'6 {E� i 9',..!'n,,,'J.,:
y §a t .✓ w' P �i'.E+ � c¢ y �t{ $�, i$ �!
I r+wa rk €"' '„'.l '"r "4 'kp�'�a' �,4 as"" -LiY.+ ,:
`'i �, tav` dut wra,k.1`''"'s+.r�* w";`'g°�i� 44,, Fitz).�-.�ya ��'+ �'ut: ' � `' >
��@�g f
tSlt
3„ut ,r Z ""�+ {• at 4i r._u W a i SC r a.
ra
K$ i 4. P t R i 'k ilk } v:
r'n.q 49/ a I,?" 9.'t. J a3:G ° N Y2 S
ZNI
- N • 77 O 4Edp�raa .arr ., «''ai
ttrtiTIft
r Q CC7 co
''.:t4*`""' ax r ,t .+
'"$W N Ztats!.c. cal
G co p ''ac'' x" i r`15' i
bAT�H
j�'� da3' T A r 'y4
.r Q J Cl"
E O O 17 C
dw-.. ^y. s .r s a i-k P r
``y O J 7 'p J p C :F p'`4 "Ma .₹ .. h :is't .. Ys
W'Y.7,1 O LA J Z Nts. ; �;,a "C'1 E i
cc
� �Y'r • �r� N � 9 Nt a. Pr� i
k.M � r Ym t� A
s F `'_"' v N a N C � rG,.�d: EdP.a
re Ds N O O ; d u 4 � ✓N.CO
dY V O ry N Z ...Loth n UO. V 'w �} �� : , . :r.'°.i r{t,4 � 4 ' D.
t `' C7r 01 6 in D W Q 6 5.'� � 3{ t a.A Jo'
a
Q _
Hello