HomeMy WebLinkAbout20073161.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST KEVIN RYAN 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, Kevin Ryan,ZCV#0701077, 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 9th day of October, 2007, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Kevin and Shirley Ryan, 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 November 9, 2007, to allow adequate time for the property owners to submit the
appropriate paperwork to justify the mobile home as a Medical Hardship.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV#0701077 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Kevin Ryan 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 November 9, 2007, to allow adequate time for the property owners to
submit all the paperwork needed to justify the mobile home as a Medical Hardship, to bring the
subject property into compliance.
2007-3161
PL0824
n( ; /if 6'%oc, /p -lq-o 7
VIOLATIONS - ZCV#0701077 - KEVIN RYAN
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 9th day of October, A.D., 2007.
S`� BOARD OF COUNTY COMMISSIONERS
G/, ryry WEL3DUNTY, COLORADO
Ire a*
ATTEST: potaw
avid E. Long, Chair
Weld County Clerk to the Board- .;
,AI EXCUSED
p�pq L by William H, a e, Pro-Tem
BY: 44-4i I"iv"Bo — (R,/ l 1/72Cle to the Bo C
William F. Gar is
Robert D. Masden
unty Attorney EXCUSED
I Douglas Rademacher
Date of signature: le:1(510 7
2007-3161
PL0824
V' fation Summary Rep( t
BASIC INFORMATION
RYAN KEVIN & P 0 BOX 293 NUNN, CO 80648-0293
Tenant:
Compliance Officer: Ann Siron
Violation Number: ZCV07-01077
Situs Address: 15828 CR 106
Legal: N2NE4 15-9-66 (3.09R) SITUS: 15828 106 CR WELD 806310000
Location: Location South of and adjacent to CR 106 and West of and
adjacent to CR 33
North Agriculture
South Agriculture and town of Nunn
East Agriculture
West Agriculture
Parcel Number: 045515100013-R1690202 Acreage: 80.15
Certified Mail Date: 09/18/2007
Currently the property is in violation of:
Chapter 23, Article 111(3), Division 1 A (Agricultural)Zone District
23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land
created under the provisions of Chapter 24, Article VIII of this Code.
23-3-30 Accessory uses.
23-3-40 Uses by special review
23-3-40.L One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted
under Section 23-3-20 A above.
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 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.
23-4-180 Temporary accessory use during medical hardship.
23-4-180.C All zoning permits for MOBILE HOMES during a medical hardship are
TEMPORARY. Such permits shall be subject to review annually on the anniversary of the
original permit's issuance. Such permits shall be extended only if the USE continues to be
in conformance with the criteria set out in Subsection A above. Any permit for a medical
hardship USE shall be removed upon a cessation of the medical hardship or at any such
time as the MOBILE HOME is used for other than the permitted USE.
REMEDY
EVIDENCE SHALL BE SUBMITTED TO THE FOR A MEDICAL HARDSHIP STILL EXISTS (ZPMH-235;
ALONG WITH A LETTER FROM A MEDICAL DOCTOR VERIFYING THE NEED FOR FULL TIME
CARE.
OTHERWISE, THE MOBILE HOME SHALL BE REMOVED.
2007-3161
V' lation Summary Rep( t
RECOMMENDATION
THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAT THIS CASE BE REFERRED
TO THE COUNTY ATTORNEY'S OFFICE FOR IMMEDIATE LEGAL ACTION.
LETTER HISTORY
07/19/2007 Complaint Validated
07/19/2007 LTTR: 5 Day Letter
08/06/2007 LTTR: Violation Notice
09/18/2007 LTTR: Hearing Notification
OTHER CASE HISTORY
09/12/2007 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE
FOLLOWING ITEMS WERE NOTED: MOBILE HOME
(MEDICAL HARDSHIP HOME) STILL PRESENT
III
RYAN, KEVIN
ZCV07-01077
ICR106
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DFPARTMENT OF PLANNING SERVICES
� Compliance Division(ittleNORTH OFFICE
918 10th Street
CO
Greeley, C 80631
Email Address: asiron@co.weld.co.us
Phone Number: 970-353-6100 x3566
• Fax Number: 970-304-6498
SOUTHWEST OFFICE 4209 CR 24.5
cX J OR JkLO Longmont, CO 80504
VLIi A Phone: (720) 652-4210, Ext 8730
September 18, 2007
RYAN KEVIN &
P O BOX 293
NUNN, CO 80648-0293
Violation Number: ZCV07-01077
Legal Description:
N2NE4 15-9-66 (3.09R) SITUS: 15828 106 CR WELD 806310000
Dear RYAN KEVIN &:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
10/09/2007 10:00 AM
The above mentioned property remains in violation of the following Section(s) of the Weld County
Code:
Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District
23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land
created under the provisions of Chapter 24, Article VIII of this Code.
23-3-30 Accessory uses.
23-3-40 Uses by special review
23-3-40.L One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted
under Section 23-3-20 A above.
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 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.
23-4-180 Temporary accessory use during medical hardship.
23-4-180.C All zoning permits for MOBILE HOMES during a medical hardship are
TEMPORARY. Such permits shall be subject to review annually on the anniversary of the
original permit's issuance. Such permits shall be extended only if the USE continues to be
in conformance with the criteria set out in Subsection A above. Any permit for a medical
DFPARTMENT OF PLANNING SERVICES
rat L-4.6>.\\H Compliance Division
NORTH OFFICE
918 10th Street
CO
Greeley, C 80631
Email Address: asiron@co.weld.co.us
Phone Number: 970-353-6100 x3566
WIRD C Fax Number: 970-304-6498
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720)652-4210, Ext 8730
hardship USE shall be removed upon a cessation of the medical hardship or at any such
time as the MOBILE HOME is used for other than the permitted USE.
To bring your property into compliance with the Weld County Code:
EVIDENCE SHALL BE SUBMITTED TO THE FOR A MEDICAL HARDSHIP STILL EXISTS
(ZPMH-2353) ALONG WITH A LETTER FROM A MEDICAL DOCTOR VERIFYING THE NEE
FOR FULL TIME CARE.
OTHERWISE, THE MOBILE HOME SHALL BE REMOVED.
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 Commisioners
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,
^ / . U.S.Postal Service.M
C� ✓ .�v o CERTIFIED MAIL.RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
Ann Siron a
For delivery information visit our website at www.usps.comq
Zoning Compliance Officer
pc: ZCV07-01077 m
ui
Department of Planning Services S Postage $
Bruce Barker, County Attorney r-R Certified Fee
Postmark
CI Return Receipt Fee Here
C7 (Endorsement Required)
p Restricted Delivery Fee
(Endorsement Required)
r-R cc
✓'R Total Postage&Fees $
ci Sent To Kevin R an
r. Street,Apt.No.; p
^ X n^3
or PO Box Na. 4/1 /y �`� c/Coy,Mare,ZlP«a n e. ` i y 7 -a
PS%P rmsaap he2'a2 «se."verses i,Jnstwcti ns•
�8d \ Weld County Department of
♦ ' Planning Services
Wine Inspection Report
COLORADO 918 10`x' St
Greeley, CO 80631
Date of Inspection: -
Permit/Case No.: .
Property Owner Name: i.
Address:
Upon a(visual)(on-site) inspection of the property listed above, the following items
were noted:
Inspection by: Contact Name:
Contact Phone Number: 970-353-6100, Ext. 3555 or Ext. 3566
Copy of this inspection was: -❑-Left-on Site -O Mailed•on:
Pictures taken during inspection: la-Yes ®'No
County Rd 105•5
C cuL]tj Rr
DCoARTMENT OF PLANNING SERVICES
Compliance Division
} NORTH OFFICE
�L 918 10th Street
' • Greeley, CO 80631
' Email Address: asiron@co.weld.co.us
Phone Number: 970-353-6100 x3566
Fax Number: 970-304-6498
�� SOUTHW4 9 CR CF24 24.5
COLORADO Longmont, CO 80504
Phone: (720)652-4210, Ext 8730
Fax: (720) 652-4211
August 06, 2007
RYAN KEVIN &
P 0 BOX 293
NUNN, CO 80648-0293
Legal Description: ZCV07-01077
N2NE4 15-9-66 (3.09R) SITUS: 15828 106 CR WELD 806310000
Dear: RYAN KEVIN & :
The uses on the above described property are being considered as a zoning code violation of
Sections of the Weld County Code. Currenly your property is in violation of the following Section(s)
of the Weld County Code:
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 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.
23-4-180 Temporary accessory use during medical hardship.
23-4-180.C All zoning permits for MOBILE HOMES during a medical hardship are
TEMPORARY. Such permits shall be subject to review annually on the anniversary of the
original permit's issuance. Such permits shall be extended only if the USE continutes to be in
conformance with the criteria set out in Subsection A above. Any permit for a medical
hardship USE shall be removed upon cessation of the medical hardship or at any such time as
the MOBILE HOME is used for other than the permitted USE.
To bring your property into compliance with the Weld County Code:
EVIDENCE SHALL BE SUBMITTED TO THE FOR A MEDICAL HARDSHIP STILL EXISTS
(ZPMH-2353) ALONG WITH A LETTER FROM A MEDICAL DOCTOR VERIFYING THE
NEED FOR FULL TIME CARE.
OTHERWISE, THE MOBILE HOME SHALL BE REMOVED.
It is the intention of this off _o to assist and cooperate with you without i'--nosing undue hardhsips;
however, we have no disc .ion in this matter if you fail to correct this , Aion. You have until
09/06/2007, 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 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.
Sincerely,
•
Cam'`
Ann Siron
Zoning Compliance Officer
pc. ZCV07-01077
Department of Planning Services
Bruce Barker, County Attorney
DE TTMENT OF PLANNING SERVICES
Compliance Division
(Sr. NORTH OFFICE\ft, 918 10th Street
*` Greeley, CO 80631
Email Address: asiron@co.weld.co.co.us
Phone: 970-353-6100 x3566
Fax: 970-304-6498
SOUTHWEST OFFICE
4209 CR 24.5
C
Longmont, CO 80504
COLORADO Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
July 24, 2007
RYAN KEVIN &
P O BOX 293
NUNN, CO 80648-0293
Legal Description: ZCV07-01077
N2NE4 15-9-66 (3.09R) SITUS: 15828 106 CR WELD 806310000
Dear RYAN KEVIN &:
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:
ON MAY 31, 2007 A LETTER WAS SENT REQUESTING THAT EVIDENCE BE
PROVIDED WITHIN 30 DAYS TO SHOW THAT THE NEED FOR THE MOBILE HOME
FOR A MEDICAL HARDSHIP STILL EXISTS ALONG WITH A LETTER FROM A MEDICAL
DOCTOR VERIFYING THE NEED FOR FULL TIME CARE. THIS INFORMATION HAS
STILL NOT BEEN RECEIVED BY OUR OFFICE.
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,
•
(211/1 4'0
Ann Siron
Zoning Compliance Officer
pc: ZCV07-01077
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
Planning Division
NORTH OFFICE pit 91 8 10T" Street
GREELE Y, CO 80631
IE-Mail: winloes(aco.weld.co.us
PHONE: (970) 353-61O0, Ext. 3540 FAX: (970)11 304-6498 SOUTHW EST OFFICE
COLORADO 4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-42 10, Ext. 8730
FAX: (720) 652-4211
May 31, 2007
Kevin and Shirley Ryan
15828 CR 106
Nunn, CO 80648
Subject: ZPMH-2353 -Zoning Permit for the Temporary use of a Mobile Home for a Medical Hardship.
Dear Applicants:
On April 18.2007, you were sent a letter regarding the above referenced permit. The letter stated that our office
is requiring written notice of evidence within 30 days, that the need for the mobile home still exists along with
letter from a medical doctor verifying the need for full time care. To date, our office has not received any new
information. Failure to submit the required documentation may result in cessation of the allowance of the
mobile home.
Evidence shall be submitted to the Department of Planning that the use still exists with the appropriate
documentation. If the use of the mobile home has changed or been removed, please contact me at the above
address or phone number. If our office does not hear from you within 10 days of receipt of this letter, your
Zoning Permit will be turned over to our Zoning Compliance Officer, as it will be in violation with the Weld County
Code Section 23-4-180.
Thank you for your cooperation to this matter. If you should have any questions, please feel free to contact me.
Sincerely, �1
l
Wendi Inloes
Planning Coordinator
pc: Bethany Salzman, Code Compliance
a 41J.\fit DEPARTMENT OF PLANN ING SERVICES
Planning Division
NORTH OFFICE
1114 918 10TH Street
GREELEY, CO 80631
WI P E-Mail: winloes{ahco.weld.co.us
C
PHONE: (970)FAX: (970) 304-6498
353-6100, Ext. 3540 SOUTHWEST OFFICE
COLORADO 4209 CR 24.5
L0NGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
April 18, 2007
Kevin and Shirley Ryan
15828 CR 106
Nunn, CO 80648
Subject: ZPMH-2353 - Annual Review of a Zoning Permit for a Mobile Home used during for a Temporary
use during a Medical Hardship. Located on a parcel of land described as Pt NE4 of Section 15,
T9N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
We are currently updating our medical hardship zoning permit records. These permits are temporary. Such
permits are subject to be reviewed annually on the anniversary of the original permit's issuance. Our review of
ZPMH-2353 issued to the above property needs to be updated. If the mobile home is currently located on the
property, staff is requesting written evidence within 30 days of this letter, that the medical hardship still exists.
Documentation of the medical hardship shall be established in a letter from the subject's medical doctor or
other evidence deemed suitable by the Department of Planning Services.
The letter shall verify that the subject is physically impaired and requires full-time care. If the use of the
mobile home has changed or been removed, please contact me at the above address, e-mail address or
telephone number.
After we receive this information, the Department of Planning Staff will review it for justification and compliance
with Section 23-4-180 of the Weld County Code. You will only be notified if the permit is denied.
Thank you in advance for your cooperation for this information.
Sincerely,
II
Wendi Inloes
Planning Coordinator
Service, Teamwork, Integrity. Quality
Identify Results Page 1 of 1
Parcel Valuation Z O, '.—Ip�Parcel#: 045515100013
Account#: R1690202 CV D
Owners Name&Address_ Property Address:
RYAN KEVIN P & Street: 15828 106 CR
P O BOX 293 City: WELD
NUNN, CO 80648
Additional Owners:
RYAN SHIRLEY A
Business/Complex:
Legal Description
N2NE4 15-9-66 (3.09R) SITUS: 15828 106 CR WELD 806310000
Land Value $2,987 Land Assessed Value $870
Impr. Value $165,084 Impr. Assessed Value $13,840
Total Value $168,071 Total Assessed Value $14,710
Total Taxes: $697.72 Amount Due: $697.72
Tax Area: Bordering County:
Township Range Section Quart. Sec. Subdivison Name Bloock# Lot#
09 - 66 - 15 - 1 -
Land Subtotal: Acres:79.61
Sale Price Sale Date Deed Type Reception#
$110,000 5/30/2002 WD 2957006
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=0... 07/24/2007
RYAN,KEVIN
ZCV07-01077
CR 106 _
M
M
U
10 / 08 / 2007
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