HomeMy WebLinkAbout20073470.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST ADOLFO MUNOZ 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, Adolfo Munoz, ZCV #0701114, 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 13th day of November, 2007, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Adolfo Munoz was not present or represented at said hearing, although all
parties were notified of said hearing by Department of Planning Services staff, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon
such referral until January 13, 2008, to allow adequate time for the property owner to remove the
mobile home or submit a Recorded Exemption application, and for the Department of Planning
Services to address the new violation regarding the noncommercial junkyard.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV#0701114 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Adolfo Munoz 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 January 13, 2008, to allow adequate time for the property owner to remove
the mobile home or submit a Recorded Exemption application,and for the Department of Planning
Services to address the new violation regarding the noncommercial junkyard.
2007-3470
PL0824
40: // d��7
VIOLATIONS - ZCV#0701114 - ADOLFO MUNOZ
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 13th day of November, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
y�, +i., ` WEL\ OUNTY,, COLO DO
ATTEST: I�ylj ' # s5 °� � .) °A C
k
, y -� David E. Long, Chair
Weld ounty Clerk to th '
EXCUSED
William H. Jerke,,Pr -Tem
BY:�, dL: i a
Dep Cler o the Board q/"' ' -) l
William F. Garcia
APPROVED AS TO FORM: EXCUSED
Robert D. Masden
A<)}Cou y Attor ey c C a r Lin... ..r�
Dougla Rademache
Date of signature: 16107
2007-3470
PL0824
Violation Summary Report
BASIC INFORMATION
MUNOZ, ADOLFO 26797 HWY 392 GILL, CO 80624
Tenant:
Compliance Officer: Ann Siron
Violation Number: ZCV07-01114
Situs Address:
Legal: PT SE4 16-6-64 LOT A REC EXEMPT RE-2016 (.96R) SITUS: 26797 392
HWY GILL 80624
Location: Location North of and adjacent Hwy 392 and West of CR 55
North Agricultural
South Agricultural
East Agricultural
West Agricultural
Parcel Number: 080116400069-R7412098 Acreage: 8.26
Certified Mail Date: 10/10/2007
Currently the property is in violation of:
Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District
23-3-20 Uses allowed by right.
23-3-20.8 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.
23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of
this Chapter.
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.
REMEDY
EVIDENCE SHALL BE SUBMITTED, ALONG WITH A LETTER FROM A MEDICAL DOCTOR,
VERIFYING THE NEED FOR A MOBILE HOME FOR A MEDICAL HARDSHIP (ZPMH-2338)
RECOMMENDATION
2007-3470
Violation Summary Report
The Department of Planning Services recommends that this case be referred to the County Attorney's
office for immediate legal action.
LETTER HISTORY
08/27/2007 Complaint Validated
08/27/2007 LTTR: 5 Day Letter
09/07/2007 LTTR: Violation Notice
10/10/2007 LTTR: Hearing Notification
OTHER CASE HISTORY
DEPARTMENT OF PLANNING SERVICES
olfiliser,\\\ Compliance Divisior
NORTH OFFICE
918 10th Stree
Greeley, CO 806363'Email Address: asiron@co.weld.co.u:
Phone Number: 970-353-6100 x356E
Fax Number: SOUTHWEST OFFICE
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
October 10, 2007
MUNOZ, ADOLFO
26797 HWY 392
GILL, CO 80624
Violation Number: ZCV07-01114
Legal Description:
PT SE4 16-6-64 LOT A REC EXEMPT RE-2016 (.96R) SITUS: 26797 392 HWY GILL 80624
Dear MUNOZ, ADOLFO:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
11/13/2007 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 Uses allowed by right.
23-3-20.B 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.
23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of
this Chapter.
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.
DEPARTMENT OF PLANNING SERVICE:
(sly eii.;;;%\s\I Compliance Divisior
NORTH OFFICE
918 10th Stree
Greeley, CO 8063
Email Address: asiron@co.weld.co.u:
1111111D C Phone Number: 970-353-6100 x3561
Fax Number: SOUTHWEST OFFICE
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext 873C
To bring your property into compliance with the Weld County Code:
EVIDENCE SHALL BE SUBMITTED, ALONG WITH A LETTER FROM A MEDICAL DOCTOF
VERIFYING THE NEED FOR A MOBILE HOME FOR A MEDICAL HARDSHIP (ZPMH-2338)
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,
r\
criAA' V •N .EUVE'Y Ann LL.111\n Zoning Compliance Officer cM.
• • ETE1HissECTi•N 0'aces
pc: ZCV07-01114 /to oeu°ery
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DEPARTMENT OF PLANNING SERVICE;
� Compliance Divisior.441S � NORTH OFFICE
918 10th Stree
CO
Greeley, C 8063'
Email Address: asiron@co.weld.co.0
Phone Number: 970-353-6100 x356(
970-304-6491
Fax Number: SOUTHWEST OFFICE
+� 4209 CR 24.5
1I ORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
September 07, 2007
MUNOZ, ADOLFO
26797 HWY 392
GILL, CO 80624
Legal Description: ZCV07-01114
PT SE4 16-6-64 LOT A REC EXEMPT RE-2016 (.96R) SITUS: 26797 392 HWY
GILL 80624
Dear: MUNOZ, ADOLFO :
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 111(3), Division 1 A(Agricultural)Zone District
23-3-20 Uses allowed by right.
23-3-20.B One (1) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS on a parci
of land created under the provisions of Chapter 24, Article VIII of this Code.
23-3-30 Accessory uses.
23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this
Chapter.
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.
To bring your property into compliance with the Weld County Code:
EVIDENCE SHALL BE SUBMITTED, ALONG WITH A LETTER FROM A MEDICAL
DOCTOR, VERIFYING THE NEED FOR A MOBILE HOME FOR A MEDICAL HARDSHIP
(ZPMH-2338)
It is the intention of this oft ue to assist and cooperate with you without ii„posing undue hardhsips;
however, we have no discretion in this matter if you fail to correct this violation. You have until
10/08/2007, 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` 4— c_4adb
Ann Siron
Zoning Compliance Officer
pc: ZCV07-01114
Department of Planning Services
Bruce Barker, County Attorney
DE RTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: asiron@co.weld.co.uo.us
Phone: 970-353-6100 x3566
Fax: 970-304-6498
SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
RADO
Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
August 27, 2007
MUNOZ, ADOLFO
26797 HWY 392
GILL, CO 80624
Legal Description: ZCV07-01114
PT SE4 16-6-64 LOT A REC EXEMPT RE-2016 (.96R) SITUS: 26797 392 HWY GILL
80624
Dear MUNOZ, ADOLFO:
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:
MOBILE HOME WITHOUT PROPER DOCUMENTATION.
EVIDENCE SHALL BE SUBMITTED, ALONG WITH LETTER FROM MEDICAL DOCTOR,
VERIFYING THE NEED FOR A MOBILE HOME FOR A MEDICAL HARDSHIP
(ZPMH-2338).
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,
6-14-A74-1a"—Di
Ann Siron
Zoning Compliance Officer
pc: ZCV07-01114
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
T Code Compliance Division
lot
III 918 10`" Street, Greeley, CO 80631
o Phone: (97O) 353-6100, Ext. 3540
Fax: (970) 304-6498
•
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS �f
omplarnt Initiated by: z O 2--nil 1
ZONING CODE COMPLAINT P aff/Nametk'mI_/n(Ce5r Citizen fl Other:
❑ HEALTH DEPARTMENT Citizen's Name(If knows):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
❑ BUILDING CODE COMPLAINT
o PUBLIC WORKS/PEST 8.WEEDS
Date Complaint was received:
Pending Case#(i.e.USR, RE, SE. ect...): / �p
Legal Description'6141, / rh -�DY� La//]or Re,- 2db Parcel;r: V iO/-IL - O0C.NJ 1
Violation Address: 24279 7 /7'U)y 2//�372 , Gill( en you 2L1
Property Owners Name: O{ !irm un6 Z Phone:
Property Owners Address.
Tenant's Name:
Phone:
Tenant's Address: (tine
NATURE OF COMPLAINT: l ti , i e � _i OBI ,ncLte -4
C.1O lvr
LdhQ/ tp,l frl� n' zany- 233r
Additional Notes:
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R7412098 Parcel#:080116400069
wlwnw�wr+sn-nib - - - - - w��awllnoao ®nwiir'i•nAnI1bO�YI�O�/NO11�1 Irw4lIl
Tax Area: 0740 Bordering County:
Acres: 7.93
Township Range Section Ouart. Sec. Subdivison Name Block* Lot#
06 -64 - 16 -4 - -
Owners Name&Address: Property Address:
MUNOZ ADOLF0& Street: 26797 392 HWY
26797 HWY 392 City: WELD
GILL, CO 80624
Additional Owners:
MUNOZ HORTENCIA
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
4/9/2003 $0 QCN 3060976
Legal Description
PT SE4 16-6-64 LOT A REC EXEMPT RE-2016 (.96R) SITUS: 26797 392 HWY GILL 80624
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Residential 1112 Acres 7.93
Land Subtotal: 7.93 $71,370 $5,680
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
1 Residential
2 Out Building
Improvements Subtotal: $106,207 $8,450
Total Property Value $177,577 $14,130
Building Details
Account#: R7412098 Parcel#: 080116400069
Owners Name&Address: Property Address:
MUNOZ ADOLFO& Street: 26797 392 HWY
26797 HWY 392 City: WELD
GILL, CO 80624
Building* Property Type
1 Residential
http://maps2.merrick.com/W ebsite/W eld/set Sg1.a sp?cm d=Q UERY&DET=P P&pin=0801... 08/27/2007
Identify Results Page 2 of 2
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 1930
Exterior: Frame Hardboard HVAC: Hot Water Baseboard
Interior Finish: Drywall Built As SQ Ft: 1400
#of Baths: 1 Roof Type: Gable
# of Bdrms: 2 Roof Cover: Composition Shingle
it of Stories: 1
Rooms: Units: 1
Garage•
Attached SQ Ft: Detached SQ Ft: 480
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R7412098 Parcel*: 080116400069
Owners Name&Address: Property Address:
MUNOZ ADOLFO& Street: 26797 392 HWY
26797 HWY 392 City: WELD
GILL, CO 80624
Building* Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1945
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 200
it of Baths: 0 Roof Type: Gable
it of Bdrms: 0 Roof Cover:
# of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/W ebsite/W eld/setSq l.asp?cmd=QUERY&DET=PP&pin=0801... 08/27/2007
DEPARTMENT OF PLANNING SERVICES
; ?L' Planning Division
•� NORTH OFFICE
91 8 10TH Street
GREELEY, CO 80631
I E-Mail: winloes(lco.weld.co.us
PHONE: (970) 353-61 CO, Ext, 3540
WI DC. FAX: (970) 304-6498
COLORADO
July 31, 2007
Adolfo Munoz
26797 Hwy 392
Gill, CO 80624
Subject: ZPMH-2338 -Zoning Permit for the Temporary use of a Mobile Home for a Medical Ha rdship.
Dear Mr. Munoz:
On June 14,2007,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. Also required will be the enclosed farm certification.
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,
(aka/
Wendi Inloes
Planning Coordinator
pc: Code Compliance
DEPARTMENT OF PLANNING SERVICES
Planning Division
f NORTH OFFICE
918 10T" Street
GRE ELEY, CO 80631
I E-Mail: winloes(a�co.weld.co.us
C. PHONE (970) AX:(970)0, Ext. 3540
304-6498
COLORADO
June 14, 2007
Adolfo Munoz •
26797 Hwy 392
Gill, CO 80624
Subject: ZPMH-2338 - 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 Lot A of RE-2016; part
of the SE4 of Section 16, T6N, R64W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
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-2338 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,
Wendi Inloes
Planning Coordinator
Service,Teamwork, Integrity, Quality
1111111111111111111111111111111111111111111111111101
3060976 05/09/2003 12:21P Weld County,CO
1 of 1 R 6.00 D 0.00 Steve Moreno Clerk&Recorder
of
CLAIM DEED
THIS DEED, Made this "f day of Aga_ ,*try
between Adolf o Munoz and Hortencia Munoz and Jorge A.
Munoz and Luz M. Munoz
of the County of Weld and State of Colorado
gmntor(s).and Adolf o Munoz and Hortencia Munoz
whose legal address is 26797 Highway 392, Gill, Colorado 80624
of the County of Weld and Slate of Colorado ,grantee(s):
WITNESSETH.That the grantor(s),for and in consideration of the sum of TEN AND NO/100
DOLLARS,(010.00 ),
the receipt and sufficiency of which is hereby acknowledged,has remised, released, sold, and QUIT CLAIMED, and by
these presents does remise,release,sell,and QUIT CLAIM unto the grantee(s),his heirs,successors and assigns.forever,all the
right, tide, interest, claim and demand which the grantors) has in and to the real property, together with improvements.
if any,situate,lying and being in the County of Weld .and State of Colorado,described as follows:
Lot A of Recorded Exemption No. 0801-16-4-RE2016, recorded July 11, 1997 in
Book 1615, as Reception No. 2557615, being a part of the SE1/4 of Section 16,
Township 6 North, Range 64 West of the 6th P.M.,
County of Weld, State of Colorado
also known by street and number as 26797 Highway 392, Gill, Colorado 80624
TO HAVE AND TO HOLD the sane,together with all and singular the appurtenances and privileges thereunto belonging,or
in anywise thereumo appertaining,and all the estate,right,tide,interest,and claim whatsoever,of the gantor(s),either in law or
equity,to the only proper use,benefit and behoof of the grantee(s),his heirs and assigns forever.
'The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF,
the grantor(s)has executed this deed on the
date set forth above.
EO -erf _-
A fo z ortencra Munoz /
1
frcft '7 C/ . M oz
STATE OF CA° U9
ore.
COUN1'YOF ) I,, In
The forego'ys instnan nt was acknowledged before me this /i day of �\,�Jledi In •bT
Ad 01 Pao Vlunot, 1\OY he&'hunoi1 A0"gic.-p Akit)l, Lk?- M,
WLInCa_
My Comnissionek.' SELENA O. WILSON Wi ess rot hand seat
NOTARY PUBLIC ,1S ,�A_
"
Notary
STATE OF COLORADO l" Q Notary Public
My Commission Expires Dec.21,2005 l
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