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Home My WebLink About20073704.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST KAREN DIEHL 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, Karen Diehl,ZCV#0701099, 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 December, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation,and WHEREAS, Karen Diehl 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 February 11, 2008, to allow adequate time for the tenants to move from the property, and the property owner to convert the four-plex back into a duplex 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 ZCV#0701099 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Karen Diehl 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 February 11, 2008,to allow adequate time for the tenants to move out, and for the property owner to convert the four-plex back into a duplex to bring the subject property into compliance. 2007-3704 P..082 (0 `. ft W0& 72-b 7 O 7 VIOLATIONS - ZCV#0701099 - KAREN DIEHL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of December, A.D., 2007. BOARD OF COUNTY COMMISSIONERS W D COUNTY COLORADO ATTEST: &4A' d E. Long, Chair Weld County Clerk to the Board M3 William H. Je99rke -Tem BY: W> )-\—/(/ De t Clerk the Willi F. Garcia A O DA • �C�i�\� Robert D. Masden o y A ey Douglas ademacher Date of signature: 171 rk Id i 2007-3704 PL0824 Violation Summary Report BASIC INFORMATION DIEHL KAREN D 25847 COUNTY RD 43 GREELEY, CO 80631 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV07-01099 Situs Address: 3412 W 34TH ST Legal: C2 PT L3 BLK1 CARRIAGE ESTATES 2ND FG BEG NW COR OF L3 SOD59'E 110' S69D47'E 25.8' N16D07'E 116.83' TH ALG ARC OF CURVE LEFT RADIUS=180' CHORD=N83D30'W 58.93'TO POB SITUS: 3412 34 ST GREELEY 806340000 Location: Location East of 35th Avenue and South of and adjacent to 34th Street in the subdivision of Carriage Estates North Residential zone district and Greeley city limits South Residential zone district and Evans city limits East Evans city limits West Evans city limits Parcel Number: 095924305007-R8044999 Acreage: 0.12 Certified Mail Date: 11/02/2007 Currently the property is in violation of Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-140 R-4 (High-Density Residential) Zone District. 23-3-140. E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USEE changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the R-4 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the R-4 Zone District certify and state that the district requirements that are applicable to the DEVELOPMENT and USE of property zoned R-4 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. (Weld County Codification Ordinance 2000-1) REMEDY THE FOUR-PLEX SHALL BE CONVERTED BACK INTO A DUPLEX. AS DISCUSSED DURING A PHONE CONVERSATION, ALL REQUIREMENTS FROM BUILDING INSPECTION SHALL BE MET. THIS INCLUDES, BUT IS NOT LIMITED TO, REMOVING THE STOVES FROM THE BASEMENT (DISHWASHERS CAN REMAIN), REDUCING THE AMOUNT OF PEOPLE TO 4 PER SIDE (SUBMIT LETTER STATING THAT THIS HAS BEEN DONE)AND REMOVE TWO FOR THE FOUR MAILBOXES RECOMMENDATION 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 07/25/2007 Complaint Validated 08/02/2007 LTTR: 5 Day Letter 08/09/2007 LTTR: Violation Notice 08/16/2007 LTTR: Violation Notice 11/02/2007 LTTR: Hearing Notification 2007-3704 Violation Summary Report OTHER CASE HISTORY DEPARTMENT OF PLANNING SERVICES ft---71;asss\ Compliance Division NORTH OFFICE 918 10th Street Ara Alin Greeley, CO 80631 Email Address: asiron@co.weld.co.us Phone Number: 970-353-6100 x3566 Fax Number: 970-304-6498 SOUTHWEST OFFICE COLORADO4209 CR 4 Longmont, COC 80504 Phone: (720) 652-4210, Ext 8730 November 02, 2007 DIEHL KAREN D 25847 COUNTY RD 43 GREELEY, CO 80631 Violation Number: ZCV07-01099 Legal Description: C2 PT L3 BLK1 CARRIAGE ESTATES 2ND FG BEG NW COR OF L3 S0D59'E 110' S69D47'E 25.8' N16D07'E 116.83' TH ALG ARC OF CURVE LEFT RADIUS=180' CHORD=N83D30'W 58.93'TO POB SITUS: 3412 34 ST GREELEY 806340000 Dear DIEHL KAREN D: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 12/11/2007 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 2 Residential Zone Districts 23-3-140 R-4 (High-Density Residential) Zone District. 23-3-140. E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the R-4 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the R-4 Zone District certify and state that the district requirements that are applicable to the DEVELOPMENT and USE of property zoned R-4 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. (Weld County Codification Ordinance 2000-1) To bring your property into compliance with the Weld County Code: THE FOUR-PLEX SHALL BE CONVERTED BACK INTO A DUPLEX. AS DISCUSSED DURING A PHONE CONVERSATION, ALL REQUIREMENTS FROM BUILDING INSPECTIO SHALL BE MET. THIS INCLUDES, BUT IS NOT LIMITED TO, REMOVING THE STOVES FROM THE BASEMENT (DISHWASHERS CAN REMAIN), REDUCING THE AMOUNT OF PEOPLE TO 4 PER SIDE (SUBMIT LETTER STATING THAT THIS HAS BEEN DONE) AND REMOVE TWO FO THE FOUR MAILBOXES. DFPARTMENT OF PLANNING SERVICES rTh) Compliance Division &kr ;kr" NORTH OFFICE 918 10th Street Greeley, CO 80631 Email Address: asiron@co.weld.co.us Phone Number: 970-353-6100 x3566 •Illig C Fax Number: 970-304-6498 SOUTHWEST OFFICE 4209 OF 2E COLORADO O Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 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, I Ann Siron Zoning Compliance Officer pc: ZCV07-01099 Department of Planning Services Bruce Barker, County Attorney SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sign/s,,w,,re, item n 4 if Restricted m Delivery d is desired. �"-"`""" L2 O Agent • Print your name and address on the reverse /7 O Addressee so that we can return the card to you. B. R eived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. ,y^e-„ZJ D. Is delivery address di fa O Yes 1. Article Addressed to: If YES,enter tleliv U No �.c,,ren O; eh\ Q , S%11 cR 13oo? _ c cc.21 t'vrew%Q3et q t2 rri��nE D NOVGov OFFICE eparture t j GREELEY 3. $ep ice Type steed Mail aft Nov 4.A2007 Registered for Merchandise O Insured Mail O C.O.D. + ;p I r r , 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number it 6V LEA, (Transfer from service label) 5 116D 0001 4538 557 6 PS Form 3811, February 2004 Domestic Return Receipt 102595.02.M-1540 Ann Siron From: Hannah Hippely Sent: Friday, July 27, 2007 1:28 PM To: Thomas Honn / i �6n Cc: Ann Siron .I eC6 �GJ� Subject: RE: Duplex converted to 4 plex '—b ?-2L) I believe that Ann has started the violation, as I understand it as part of the violation she can have them allow her to inspect. She can take a building inspector along at that time. Ann, have I got this right? Hannah L. Hippely Weld County Department of Planning Services 918 10th Street Greeley CO 80631 hhippely@co.weld.co.us 970-353-6100 x3558 Original Message From: Thomas Honn Sent: Friday, July 27, 2007 1:23 PM To: Hannah Hippely Subject: RE: Duplex converted to 4 plex Looks like both a building code violayion and a Zoning violation. Do we need Bruce for advice on how to get access etc.??? Tom Original Message From: Hannah Hippely Sent: Wednesday, July 25, 2007 3:51 PM To: Peggy Gregory; Bryon Horgen; Ann Siron; Thomas Honn Subject: Duplex converted to 4 plex Hi All, I went to see this property for myself and took the following photographs. It appears to me that they have converted this duplex into a 4-plex. They have 4 mailboxes and addresses that end in 'i4.... . what I cannot find are building permits related to the conversion, or a SPR as required for a 4-plex, additionally since this is a duplex being occupied by at least 4 Living Units as evidenced by the 4 mailboxes that in and of itself is a violation. Let me know what you think. Thanks. Carriage Estates 002 Carriage Estates 003 Carriage Estates 004 1 Carriage Estates 005 Hannah L. Hippely Weld County Departmant of Planning Services 918 10th Street Greeley CO 80631 970-353-6100 x3558 hhippely@co.weld.co.us 2 DEPARTMENT OF PLANNING SERVICES C, Compliance Division NORTH OFFICE 918 10th Street CO Greeley, C 80631 Email Address: asiron@co.weld.co.us VPhone Number: 970-353-6100 x3566 Fax Number: 970-304-6498 SOUTHWEST OFFICE ♦ /�� r� 4209 CR 24.5 )I.M C A,J_JO Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 Fax: (720) 652-4211 August 16, 2007 DIEHL KAREN D 25847 COUNTY RD 43 GREELEY, CO 80631 Legal Description: ZCV07-01099 3`1I/!02 tO. C2 PT L3 BLK1 CARRIAGE ESTATES 2ND FG BEG NW COR OF L3 SOD59'E 110' S69D47'E 25.8' N16D07'E 116.83' TH ALG ARC OF CURVE LEFT RADIUS=180' CHORD=N83D30'W 58.93' TO POB SITUS: 3412 34 ST GREELEY 806340000 Dear: DIEHL KAREN D : 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 2 Residential Zone Districts 23-3-140 R-4 (High-Density Residential) Zone District. 23-3-140. E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the R-4 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the R-4 Zone District certify and state that the district requirements that are applicable to the DEVELOPMENT and USE of property zoned R-4 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. (Weld County Codification Ordinance 2000-1) For questions, I suggest you speak to one of our"On-Call" Planners. To better serve the public, we have 2 locations open. Our North office is located at 918 10th Street, Greeley, Colorado. At our North office, an "On-Call" Planner is available, Monday thru Thursday from 7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, an "On-Call" Planner is available Monday thru Thursday from 12:30 p.m. -4:30 p.m. You do not need to schedule an appointment, because individuals are seen on a sign in basis. Fridays are reserved by appointment only. To better serve you, please bring this letter with you. To bring your property into compliance with the Weld County Code: A SITE PLAN REVIEW (SPR) SHALL BE OBTAINED FOR THE CONVERSION OF A DUPLEX TO A FOUR-PLEX OR IT SHALL RETURN TO TWO LIVING UNITS PER PARCEL. It is the intention of this off,-- to assist and cooperate with you without imposing undue hardhsips; however, we have no disci Jr) in this matter if you fail to correct this vi on. You have until 10/16/2007, to correct this zoning violation. Failure to do so will result in nus 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, Ann Siron Zoning Compliance Officer pc: ZCV07-01099 Department of Planning Services Bruce Barker, County Attorney ,o i X�1 nCf`i DFnARTMENT OF PLANNING SERVICES (a: 1t Compliance Division s_ NORTH OFFICE "�1IK 918 10th Street Greeley, CO 80631 ig Email Address: Compliance CS PhoneNumber: 970-353-6100 x3566 Fax Number 970-304-6498 SOUTHWEST OFFICE 4209 CR 24 5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 Fax: (720) 652-4211 August 09, 2007 DIEHL KAREN D 25847 COUNTY RD 43 GREELEY, CO 80631 Legal Description: ZCV07-01099 C2 PT L3 BLK1 CARRIAGE ESTATES 2ND FG BEG NW COR OF L3 S0D59'E 110' S69D47'E 25.8' N16D07'E 116.83' TH ALG ARC OF CURVE LEFT RADIUS=180' CHORD=N83D30'W 58.93' TO POB SITUS: 3412 34 ST GREELEY 806340000 Dear: DIEHL KAREN D : 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 2 Residential Zone Districts 23-3-140 R-4 (High-Density Residential) Zone District. 23-3-140. E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the R-4 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the R-4 Zone District certify and state that the district requirements that are applicable to the DEVELOPMENT and USE of property zoned R-4 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. (Weld County Codification Ordinance 2000-1) For questions, I suggest you speak to one of our"On-Call" Planners. To better serve the public, we have 2 locations open. Our North office is located at 918 10th Street, Greeley, Colorado. At our North office, an "On-Call" Planner is available, Monday thru Thursday from 7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, an "On-Call" Planner is available Monday thru Thursday from 12:30 p.m. -4:30 p.m. You do not need to schedule an appointment, because individuals are seen on a sign in basis. Fridays are reserved by appointment only. To better serve you, please bring this letter with you. To bring your property into compliance with the Weld County Code: A SITE PLAN REVIEW (SPR) SHALL BE OBTAINED FOR THE CONVERSION OF A DUPLEX TO A FOUR-PLEX OR IT SHALL RETURN TO TWO LIVING UNITS PER PARCEL. It is the intention of this offi^9 to assist and cooperate with you without imposing undue hardhsips; however, we have no disc on in this matter if you fail to correct this v. pion. You have until 09/10/2007, 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, 6iitty7 Ann Siron Zoning Compliance Officer pc: ZCV07-01099 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.us Phone: 970-353-6100 x3566 Fax: 970-304-6498 SOUTHWEST OFFICE 4209 CR 24.5 • Longmont, CO 80504 COLORADO Phone: (720) 652-4210, Ext 8730 Fax: (720) 652-4211 August 02, 2007 DIEHL KAREN D 25847 COUNTY RD 43 GREELEY, CO 80631 Legal Description: ZCV07-01099 C2 PT L3 BLK1 CARRIAGE ESTATES 2ND FG BEG NW COR OF L3 S0D59'E 110' S69D47'E 25.8' N16D07'E 116.83' TH ALG ARC OF CURVE LEFT RADIUS=180' Dear DIEHL KAREN D: 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: DUPLEX HAS BEEN CONVERTED INTO A FOUR-PLEX WITHOUT FIRST OBTAINING A SITE PLAN REVIEW(SPR) WHICH IS REQUIRED FOR THIS TYPE OF CHANGE IN USE IN AN R-4 ZONE DISTRICT. 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, Ann Siron Zoning Compliance Officer pc: ZCV07-01099 Department of Planning Services Bruce Barker, County Attorney rtiltic DEPARTMENT OF PLANNING SERVICES L Code Compliance Division 11111 III e 918 10'" Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS ^ Complaint Initiated� by'. 7 0 vO 7` -o l VZONTNG CODE COMPLAINT C. Staff/Name Li Ctozen 0 Other O HEALTH DEPARTMENT Citizen's Name(If known j. • WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known) ❑ BUILDING CODE COMPLAINT Ei PUBLIC WORKS /PEST & WEEDS �J l�6 ff�� Date Complaint was received: ("Qt 'V-1 Pending Case#(i.e.USE,RE, SE, ect...): y/� �` J/� /� Legal Description: L l k 1/ Cetr�t� (/ SfQ Parcel#: eycq�j o 60( 7 Violation Address: &I/2i 3gth st, 6r eley g0 67d zits/ /Property Owners Name: t rrn / e / l� Phone. Property Owners Address: 2614'? (A? '/ 67 rlth/ ( c, gO)(45) Tenant's Name: Phone: Tenants Address: // ) n NATURE OF COMPLAINT: y , - Pb % /"• Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R8044999 Parcel#: 095924305007 Tax Area: 0678 Bordering County: Acres: 0.11 Township Range Sectionsuart. Sec. Subdyison_Name Block# Lot# 05 - 66 - 24 - 3 CARRIAGE ESTATES 2ND FG - 1 - 3 Owners Name &Address: Property Address: DIEHL KAREN D Street: 3412'34 ST WELD 25847 COUNTY RD 43 City: WELD GREELEY, CO 80631 Business/Complex: CARRIAGE ESTATES Sales Summary Sale Date Sale Price Deed Type Reception # 6/11/1999 $136,900 WD 2700370 Legal Description C2 PT L3 BLK1 CARRIAGE ESTATES 2ND FG BEG NW COR OF L3 50D59'E 110' $69D4TE 25.8' N16D0TE 116.83'TH ALG ARC OF CURVE LEFT RADIUS=180' CHORD=N83D30'W 58.93'TO POB SITUS: 3412 34 ST GREELEY 806340000 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Duplex 1112 Square Feet 4813 Land Subtotal: 4813 $17,904 $1,430 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Duplex Improvements Subtotal: $132,360 $10,540 Total Property Value $150,264 $11,970 Building Details Account#: R8044999 Parcel#: 095924305007 Owners Name&Address: Property Address: DIEHL KAREN D Street: 3412 34 ST WELD 25847 COUNTY RD 43 City: WELD GREELEY, CO 80631 Building# Property Type 1 Duplex Individual Built As Detail Built As: Duplex One Story Year Built: 1999 http://maps2.merricic.com/Website/Weld/setSgl.asp?curd=QUERY&DET=PP&pin=0959... 07/25/2007 Identify Results Page 2 of 2 Exterior: Frame Stucco HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1340 #of Baths: 2 Roof Type: # of Bdrms: 2 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 5 Units: 0 Garage: Attached SQ Ft: 440 Detached SQ Ft: Basement: Total SQ Ft 1310 Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0959... 07/25/2007 Hello