HomeMy WebLinkAbout20063398 RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST HANS AND JOHANNA GRONWALD 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, Hans and Johanna Gronwald, VI #0600387, are 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 12th day of December, 2006, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Johanna Gronwald, 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 March 12, 2007, to allow adequate time for the property owners to remove the
mobile home or submit a Zoning or Building Permit application 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 VI #0600387 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Hans and Johanna Gronwald 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 March 12, 2007, to allow adequate time for
the property owners to remove the mobile home or submit a Zoning or Building Permit to bring the
subject property into compliance.
2006-3398
PL0824
VIOLATIONS -VI #0600387 - HANS AND JOHANNA GRONWALD
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of December, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WELD CCOOODUNTY ORADO
a 7i ATTEST: E La " ` eeZ.,
k . t 1 J. eile,
Weld County Clerk to the PA t � .
lJ 7 ,r,David E. Long, Pro-Tem
BY: � ,
De u y Cler o the Boartt-, ` `i-, i jrL�e
Wil ' )�mQ�H.J�Jerke
APP D AS TO F �a" ). U l�n Wl—
Robert D. Masden
ounty Attorney EXCUSED
Glenn Vaad
Date of signature: liui07
2006-3398
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Hans &Johanna Gronwald
Violation: VI-0600387
Address: 15893 Higgins Av, Fort Lupton, CO 80621
Legal: Lot 8, Block 35,Aristocrat Ranchettes, 2nd Filing, Weld County, Colorado
Location: South of and adjacent to CR 18 and East of and adjacent to CR 31
North: Agriculture with residences
South: Industrial plant/Agriculture
East: Agriculture
West: Agriculture with minimal residences
Parcel Number: 1309-27-4-02-004 Acreage: .99 +/-Acres
Certified mail date: November 17, 2006 Received: November 21, 2006
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30
and 23-3-30.F of the Weld County Code.
REMEDY
To bring the property into compliance the un-permitted mobile home shall be removed from the property.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office for immediate legal action.
CASE HISTORY
August 28, 2006 Initial complaint received.
August 28, 2006 Initial inspection completed.
August 29, 2006 Five day compliance encouragement letter issued.
September 1, 2006 Violation letter issued.
September 8, 2006 Received an e-mail from their attorney(John R. Dent).
November 13, 2006 Property inspected. Property remains in violation.
November 17, 2006 E-mailed their attorney(John R. Dent) also.
November 17, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2006-3398
a DEPARTMENT OF PLANNING SERVICES
KitCompliance Division
NORTH OFFICE
91 8 10r" Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
ipe. E-mail Address: bsalzman(Wco.weld.co.us
PHONE: (970) 353-61 00, Ext. 3555
FAX: (970) 304-6498
COLORADO SOUTHW EST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
November 17, 2006
MR. & MRS. HANS GRONWALD
15893 HIGGINS AV
ARISTOCRAT RANCHETTES
FORT LUPTON, CO 80621
Subject: VI-0600387, Lot 8, Block 35,Aristocrat Ranchettes,2nd Filing,Weld County, Colorado
Dear Mr. & Mrs. Gronwald:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on December 12,2006,at 10:00 a.m.,to consider
the violations occurring on the property. The above mentioned property remains in violation of the
following Section(s) of the Weld County Code:
Chapter 23, Article Ill, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-30.F "Mobile homes subject to the additional requirements of Article IV,
Division 3 of this Chapter."
To bring the property into compliance:
The mobile home shall be removed from the property. In Weld County a Zoning Permit
for a Mobile Home (ZPMH) and a Building Permit are necessary to even "temporarily"
store a mobile home. I can find no evidence of either permit. In fact during our
telephone conversation, it sounds like the mobile home does not even belong to you.
Please feel free to have your attorney contact by any means listed above(phone,e-mail
or mail). Thank-you
This hearing will take place in our Hearing Room, located at 918 10th Street, Greeley, Colorado. It is
recommended that you or a representative be in attendance to answer any questions the Board of
County Commissioners 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.
•
Mr.8 Mrs.Gronwald
Page 2,VI-0600387
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, e 1
Bethany Salzman
Zoning Compliance Officer II
pc: VI-0600387 ,
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Weld County Department of
P I Planning Services
WMMDc. Inspection Report
COLORADO 918 10`° St
Greeley, CO 80631
Date of Inspection: 1\-\5-OLO
Permit/Case No.: \I1- OLP CG,5 l
Property Owner Name: P-1'NfA Vt-esr fr-SO I1fC.
Address: 6 ?) \Sc( C \O ?c\c
Upon a(visual)O inspection of the property listed above,the following items
were noted:
1\ OC>tlL 4't)fl\L 5hl E P'\c��ert_t
u PCLCed WO-1C\VOS l 6,Ciarn
r o w e- crate cgrorn P AL\Ca rm tt -4)
Inspection by: 't D J Contact Name: C l.NY1 Y J \
Contact Phone Number: 970-353-6100,Ext.3555
Copy of this inspection was: -
Pictures taken during inspection: O Yes Z No
Page 1 of 1
\_11- 5
Bethany Salzman
From: John R. Dent[dentlaw@gwest.net]
Sent: Friday, September 08, 2006 11:27 AM
To: Bethany Salzman
RE: August 29th Letter to Mr. and Mrs. Gronwald Regarding Lot 8, Block 35, Aristocrat
Ranchettes Second Filing/Doublewide Mobile Home
Dear Ms. Salzman:
I'm representing the Gronwalds in connection with this situation involving an old doublewide
trailer. We are attempting to contact the title holder Citi Financial Services to determine whether or not
they claim any interest in this mobile home. We wrote them in June and in August asking for response
relative to whether they claim any interest in this old mobile home. To date we've had no response
whatsoever.
I have suggested to the Gronwalds that we give one final demand to Citi Financial and if we do
not receive a response that we proceed to demolish and remove the old mobile home.
Can the county hold off for thirty(30) days to allow us to give that final notice to Citi Financial?
If you'd like to discuss this further please give me a call at(303) 857-4667. Thank you.
Sincerely,
John R. Dent
cc: The Gronwalds
11/02/2006
p DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
DWebsite: WWW.CO.WELD.CO.US
E-mail Address: bsalzman(o�co.weld.co.us
PHONE: (970) 353-610O, Ext. 3555
• FAX: (97O) 304-6498
COLORADO
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-421O, Ext. 8730
FAX: (72O) 652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
September 1, 2006
MR. & MRS. HANS GRONWALD
15893 HIGGINS AV
ARISTOCRAT RANCHETTES
FORT LUPTON, CO 80621
Subject: VI-0600387, Lot 8, Block 35,Aristocrat Ranchettes,2nd Filing,Weld County,Colorado
Dear Mr. & Mrs. Gronwald:
The uses on the above described property are being considered as a zoning code violation of Sections of the
Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code:
Chapter 23, Article Ill, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-30F "Mobile homes subject to the additional requirements of Article IV,
Division 3 of this Chapter."
To bring your property into compliance with the Weld County Code:
The mobile.home shall be removed from the property. In Weld County a Zoning Permit for a
Mobile Home (ZPMH) and a Building Permit are necessary to even "temporarily" store a
mobile home. I can find no evidence of either permit. In fact during our telephone
conversation, it sounds like the mobile home does not even belong to you. Please feel free
to have your attorney contact by any means listed above(phone, e-mail or mail).Thank-you
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,
we have no discretion in this matter if you fail to correct this violation. You have 60 (sixty) days from
September 1, 2006, 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.
Mr.&Mrs.Gronwald
Page 2,VI-0600367
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,
Bethany Salzman
Zoning Compliance Officer II
pc: VI-0600387
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
rat 6".4%.4%:\\ Compliance Division
NORTH OFFICE
918 1OTH Street
' GREELEY, CO 80631
O
Websit WWW.n@.WEL WE CO.eld.coUS E-mail Address: bsalzman
PHONE: (970) 353-6100, Ext. 3555
COLORADO FAX: (970) 304-6498
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
• FAX: (720) 652-4211
August 29,2006
MR. &MRS.HANS GRONWALD
15893 HIGGINS AV
ARISTOCRAT RANCHETTES
FORT LUPTON, CO 80621
Subject: VI-0600387, Lot 8, Block 35,Aristocrat Ranchettes, 2nd Filing,Weld County, Colorado
Dear Mr. &Mrs.Gronwald:
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:
A double wide mobile home/modular home has been added to the property without any of the
required Weld County Zoning or Building Permits. The mobile home could be permitted through
the Temporary Storage of a Mobile Home process,which would allow the mobile home to remain
situated on the property for up to 6(six) months or it shall be removed from the property.
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,OM),
Bethany Salzm
Zoning Compliance Officer II
pc:Vl-0600387
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QunarY
0
V Weld County Department of i
Planning Services
Inspection Report
COLORADO 91810`h St
- Greeley, CO 80631
lJ
Date of Inspection: D'Za'
Permit/Case No.: Val'L CO ) 1
Property Owner Name: • r
Address: kcgecl \ �e,,r)
Upon a(visual)(!goile inspection of the property listed above,the following items
were noted:
sc ILK 1 ,C) A YYlL: -'1
• 'Q,
Inspection by: Contact Name: C 51j ,VIM1-
Contact Phone Number: 970-353-6100,Ext. 3555 or E 3566
• Copy of this inspection was: _-.. .-_ ...
Pictures taken during inspection: EYes 5/No
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5247286 Parcel#: 130927402004
xxsx.IMOWSEMOrata NeWadtar ::ums -,mflW371M4RWRGalatil wwM4EV UNP)W.•ki nnWa wwe.NW.
Tax Area: 2240 Bordering County:
Acres: 0.99
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
02 - 66 - 27 -4 ARISTOCRAT RANCHETTES 2ND FG - 35- 8
Owners Name&Address: Property Address:
GRONWALD HANS &JOHANNA Street: 15893 HIGGINS AV WELD
15893 HIGGINS City: WELD
FORT LUPTON, CO 80621
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
9/13/1996 $15,000 WD 2511317
Legal Description
2AR35-8 L8 BLK35 2ND ARISTOCRAT RANCHETTES %15893 HIGGINS%SITUS: 15893 HIGGINS AV WELD 000000000
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Acres 0.99
Land Subtotal: 0.99 $49,500 $3,940
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
2 Out Building
3 Out Building
Improvements Subtotal: $115,684 $9,210
Total Property Value $165,184 $13,150
Building Details
Account#: R5247286 Parcel#: 130927402004
Owners Name&Address: Property Address:
GRONWALD HANS &JOHANNA Street: 15893 HIGGINS AV WELD
15893 HIGGINS City: WELD
FORT LUPTON, CO 80621
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Modular Year Built: 1997
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1309... 08/28/2006
Identify Results Page 2 of 2
Exterior: Frame Hardboard HVAC: Forced Air
Interior Finish: Drywall Built As SQ Ft: 1456
#of Baths: 2 Roof Type:
# of Bdrms: 2 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 5 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R5247286 Parcel#: 130927402004
Owners Name&Address: Property Address:
GRONWALD HANS &JOHANNA Street: 15893 HIGGINS AV WELD
15893 HIGGINS City: WELD
FORT LUPTON, CO 80621
Building* Property Ups
2 Out Building
Individual Built As Detail
Built As: Shed - Cattle Year Built: 1970
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 80
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R5247286 Parcel#: 130927402004
Owners Name&Address: Property Address:
GRONWALD HANS &JOHANNA Street: 15893 HIGGINS AV WELD
15893 HIGGINS City: WELD
FORT LUPTON, CO 80621
Building* Property Type
3 Out Building
Individual Built As Detail
Built As: Barn Year Built: 2003
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 900
#of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1309... 08/28/2006
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• DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
10`" Street, Greeley, CO 80631
C918
Phone: (970) 353-6100, Ext. 3540
' �1 Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
'el ZONING CODE COMPLAINT X Staff/Name:41(1.4 Pt7 ❑ Citizen ❑ Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
O BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: p-2,%.(Dls
Pending Case#(i.e.USR,RE, SE,ect...):
Legal Description: L1* ' �D]� [7ryC�{�.t 7t)'Ntele 1{'(`i co 4-P to F Aarcel#: %WI 41-4"Pi'at-t.
Violation Address: I�((�� t'i'(7�Q'`� GG �,.,y,.,
Property Owners Name: Ci(-cr oa � tAitri C5 �._llx tar(tnta Phone:
Property Owners Address: up 1 (.0 �( D71
Tenant's Name: Phone:
Tenant's Address: ^�\NATURE OF COMPLAINT: 4-\Via ` )6tv,e. \--ken-La-
Additional Notes: Bo(i IcHk \t )1-1
•
Reception No. • Recorder.
Recorded at 2511317 B-1567 P-137 09/17/96 03:48P PG 1 OF 1 REC DOC
Weld County CO JA Sski Tsukarmto Clerk & Recorder 6.00 1.50
3i7 WARRANTY DEED
RECORDER'S STAMP
THIS DEED,Made this• 13th day of September ,19 96,
between Michael L. Schesser
of the 'County of Weld and Stale of
Colorado,grantor(s),and
Hans Gronwald and Johanna Gronwald
whose legal address is 15893 Higgins, Fort Lupton, CO 80621
of the County of Weld and State of Colorado,grantees:
WITNESS,that the grantor(s),for and in consideration of the sum of Fifteen Thousand and no/100
r DOLLARS.
the receipt and sufficiency of which is hereby acknowledged,ha S granted,bargained,sold and conveyed,and by these presents
do CS grant,bargain,sell,convey and confirm unto the grantees,their heirs and assigns forever,not in tenancy In common but
- in joint tenancy,all the real property together with improvements,if any,situate,lying and being in the County
YT of Weld and State of Colorado,de.anbec as follows:
Lot 8,
rC\ Block 35,
Aristocrat Ranchettes, Second Filing
\-O
O
abokaownbymeetandrwmberaa: 15893 Higgins, Fort Lupton, CO 80621
assessor's schedule or parcel number
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in anywise appertaining.the
reversion and reversions,remainder and remainders,rents.issues and profits thereof,and all the estate,right,title,interest,claim and
demand whatsoever of the grantor(s),either in law or equity,of,in and to the above bargained premises,with the hereditaments and
appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees.their heirs
and assigns forever. And the grantor(s), for him sal f , his heirs and personal representatives does covenant.
grant,bargain and agree to and with the grantees,their heirs and assigns,that at the time of the ensealing and delivery of these
presents he is well seized of the premises above conveyed,has good,sure,perfecl.absolute and indefeasible estate
of inheritance.in law,in fee simple,and ha s good right.full power and lawful authority to grant,bargain,sell and convey the same in
manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales,liens,taxes,
assessments,encumbrances and restrictions of whatever kind or nature soever,except easements, restrictions,
reservations, and rights-of-way of record and in existence; current
years taxes.
The Fantods)shall and will WARRANT AND FOREVER DEFEND the atone-bargained premises in the quiet and peaceable
possession of the grantees,their heirs and assigns,against all and every person or persons lawfully claiming the whole or any part
thereof,
IN WITNESS WHEREOF the grantor(s)has executed this deed on the date set forth above.
`��!11�a7 Lz1L _
Michael L. S esser
STATE OF COLORADO
ss.
County of Adams
The foregoing instrument was acknowledged before me this 13th day of September ,199 6
by Michael L. Schesser
My commi-.'. ' f' - a ' -4-9"l .19 .Witness my hand and official seal.
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