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Home My WebLink About20063392 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST FRANKIE HERNANDEZ 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, Frankie Hernandez, VI #0600317, 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 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, Frankie Hernandez, property owner, and Kathy Hiller, representative, 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 March 12, 2007, to allow adequate time for the property owner to submit an application to the Board of Adjustment 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 #0600317 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Frankie Hernandez 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 owner to submit an application to the Board of Adjustment to bring the subject property into compliance. 2006-3392 PL0824 Orr', et, vrot- o/ .el-a•2 VIOLATIONS -VI #0600317 - FRANKIE HERNANDEZ 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 COUNTY, LORADO ATTEST: Amy, ' , E �L .�£ q eile, Chair Weld County Clerk to the Etgpi„r• h . (� c( C ± SCV - fr / BY: A ' m . Jerke APP D AS TO Robert D. M sden County A orney EXCUSED Glenn Vaad Date of signature: kin 2006-3392 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Frankie Hernandez Violation: VI-0600317 Permit Number: BCS-050308 Address: 1887 Grace Avenue, Fort Lupton, CO 80621 Legal: Part of Block 14, Wattenberg, Weld County, Colorado Location: South of County Road 6, 1 mile west of Highway 85 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1469-25-1-00-011 Acres: .145 Certified mail date: November 1, 2006 Received: November 6, 2006 Currently the property is in violation of: Chapter 23,Article III, Section 23-3-50 Chapter 29, Article XI, Section 29-11-30 REMEDY To bring the property into compliance, the porch addition shall be removed or an application for the Board of Adjustment shall be submitted. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as this the porch was built without a permit and does not meet setbacks. CASE HISTORY July 8, 2005 Roger Vigil, Building Official, left message for Mr. Hernandez to call him July 8, 2005 Letter from Roger Vigil, Building Official, to remove the porch or obtain a variance. July 12, 2005 Phone call to Mr. Hernandez, he will remove the porch July 26 2006 30-day violation letter August 1, 2006 Phone call from Emily Maestas. She would like to meet with someone to discuss their options. August 8, 2006 Phone call from Emily Meastas, she would like to schedule an appointment with Bryon Horgen, Assistant Building Official. 2006-3392 VI-0600317 violation summary page two August 11, 2006 Emily Maestas met with Bryon Horgen, Assistant Building Official. They have until 09/13/06 to do one of three options: apply for a variance, provide a stamped ILC verifying the porch meets setbacks, apply for a demolition permit to remove the porch. October 13, 2006 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. October 25, 2006 Phone call from Emily Maestas. They will be out of town and unable to attend the violation hearing on November 14, we will reschedule to December 12, 2006. November 2, 2006 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. 6 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 I pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 OUTHWEST OFFICE O 4209 CR 24.5SLongmont, CO 80504 COLORADO Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 November 1, 2006 FRANKIE HERNANDEZ 1887 GRACE AV FORT LUPTON CO 80621 • Subject: VI-0600317, Part of Block 14, Wattenberg, Weld County, Colorado Dear Mr. Hernandez: 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. The property is in violation of the following Sections of the Weld County Code: Chapter 23, Article Ill, Division 1, "A (Agricultural) Zone Districts" Section 23-3-50 "Bulk requirements." Chapter 29,Article Xl, Violations and Enforcement" Section 29-11-30 "Occupancy violations." To bring your property into compliance: The porch addition shall be removed or an application for a Board of Adjustment appeal shall be submitted. This meeting will take place at the Weld County Planning Department Office, 918 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 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 have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. e7ely, Pa gory Building Compliance Officer pc: VI-0600317 BCS-050308 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal Services,., T- CERTIFIED MAIL.., RECEIPT -0 (Domestic Mail Only;No Insurance Coverage Provided) tr F•r •slivery int•rmati•n visit •ur we•site at www.us•s.c•rn, n c a 1 Postage $ O Certified Fee Postmark O Return Receipt Fee Here (Endorsement Required) 9 Restricted Delivery Fee .A (Endorsement Required) - rR Total Postage&Fees Ul ent To Frankie Hernandez r` S moulio.V0: orPOeaxNa 1887 Grace AV pry,State,nia«4 Fort Lupton CO 80621 PS Form 3800,June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. X El Agent ▪ Print your name and address on the reverse j 0 Addressee so that we can return the card to you. B. Received by(Printed C. Date of Delive ■ Attach this card to the back of the mailpiece, �� O or on the front if space permits. P A0AN A fit/ 1/AV Ike-, y- D. is delivery address different from Rem 17 O Yes 1. Article Addressed to: If YES,enter delivery address below: O No ;!d County •Fanning Department FRANKIE HERNANDEZ GREE EY OFFICE 1887 GRACE AV FORT LUPTON CO 80621 NOV ! L 'Inr11C 3. Service Type RECEIVEDall ❑Express Mail ❑Return Receipt for Merchandise O Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1160 0001 4537 9643 (Punster from service led PS Form 3811,February 2004 Domestic Return Receipt 102595-02-µ1540 © DEPARTMENT OF PLANNING SERVICES Building Compliance Division F NORTH OFFICE 918 10th Street, Greeley, CO 80631 I pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970)304-6498 Q SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 COLORADO Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 October 13, 2006 FRANKIE HERNANDEZ 1887 GRACE AV FORT LUPTON CO 80621 Subject: VI-0600317, Part of Block 14, Wattenberg, Weld County, Colorado Dear Mr. Hernandez: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on November 14, 2006, at 10:00 a.m., to consider the violations. The property is in violation of the following Sections of the Weld County Code: Chapter 23,Article Ill, Division 1, "A (Agricultural) Zone Districts" Section 23-3-50 "Bulk requirements." Chapter 29,Article Xl, Violations and Enforcement" Section 29-11-30 "Occupancy violations." To bring your property into compliance: The porch addition shall be removed or an application for a Board of Adjustment appeal shall be submitted. This meeting will take place at the Weld County Planning Department Office, 918 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 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 have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. v e1y A rr f1Qq(/ Peggy Gregory Building Compliance Officer pc: Vl-0600317 BCS-050308 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal ServiceT,., s CERTIFIED MAIL,,, RECEIPT Ds.., (Domestic Mail Only;No Insurance Coverage Provided) t` F r•elivery in!•rmatl•n visit•ur we•site at www.us•s.c•m.. Postage a I-4 CI Certified FeeCI -0 Return Fee (Endorsement RReequlretl) Postmark erx -o Restricted(Endorso ement Delivery Fee Here (Endorsement Required) rR Total Postage&Fees $ Lrl O to WPO BOX Na. /111 c2n v City,State,ZIF44 - ---•--•'--M < <X PS Form 3800.June 4002 - e '' OA S D6i/ See Reverse for lnshuctions SEN e E•: C e M�LETE TH/S SECTFe N CeM•LETE TH/S SECT/sN eN eELIVE•Y ■ Complete items 1,2,and 3.Also complete A. Sgna re item 4 if Restricted Delivery is desired. • Print your name and address on the reverse X ' O Agent so that we can return the card to you. ...-a, - �",?Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date•f D ivory or on the front if space permits. - 0 g�0 1 1. Article Addressed to: D. Is delivery address different from item 1? Yes Weld County Plant rig 5 XRrtaMtrocielivery address below: ❑No FRANKIE HERNANDEZ GREELEY i FFIIr,^N/, Aft/2411411(6(4--a- 1887 GRACE AV : u r FORT LUPT0N CO 80621 R.EE �n��) �C l S ed Mail ❑Express Mail ❑Registered O Return Receipt for Merchandise ❑Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes z. (Transfer Number rfroms 7005 1160 0001 4537 9445 (Transfer from PS Form 3811,February 2004 Domestic Return Receipt 102595-02-µ154p L----Nrs DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgreciory(aco.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE July 26, 2006 FRANKIE HERNANDEZ 1887 GRACE AV FORT LUPTON CO 80621 Subject: VI-0600317, Part of Block 14, Wattenberg, Weld County, Colorado Dear Mr. Hernandez: It has been determined that the property located at 1887 Grace Avenue is currently in violation of the following Sections of the Weld County Code: Chapter 23,Article Ill,Division 1,"A(Agricultural)Zone Districts" Section 23-3-50 "Bulk requirements." Chapter 29,Article XI "Violations and Enforcement" Section 29-11-30"Occupancy violations." To bring your property into compliance with the Weld County Code: The porch addition shall be removed or an application for a Board of Adjustment appeal shall be submitted. If you choose to remove the porch,it will necessary to obtain a demolition permit,pay the fee of$21.00,and complete the required inspections. If you wish to submit an application for the Board of Adjustment,you will need to submit the appropriate application, pay the fee of $710.00;the processing time is 60 days. I have enclosed applications for both options,please complete and submit the form that applies. 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 by August 15,2006. 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. 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. Peggy e Building Compliance Officer pc: BCS-050308 VI-0600317 Bryon Horgen, Assistant Building Official DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION ' NORTH OFFICE W� 918 EX Street C GREELEY, COLORADO 80631 PHONE (970) 353-6100, EXT.3540 COLORADO FAX (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT CO 80504 PHONE (720)652-4210 ext. 8730 FAX (720)652-4211 July 8,2005 Frankie Hemandez 1887 Grace Ave Ft Lupton Co. 80621 Dear Mr. Hernandez: A building permit was applied for on July 7, 2005. The building permit application is for a porch addition that was started without a building permit. The porch will not meet the required 20 foot minimum set back on the south and east property lines. The porch will have to be removed. There is a process of obtaining a variance to the setback requirement. The fee is 710.00 and nonrefundable. There is no guarantee that the variance will be granted. The variance process takes 90 days. 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, or telephone number. Sinc ely, o err -9 Building Official Pc. Bruce Barker—County Attorney Kim Ogle — Planning Manager Peggy Gregory- Building Compliance Officer xI a Nltl' ' I ' E p r p Ir. q L7QH i � LDa co:: , : . Ij Lj.JO^ i d , CmaWW C .w w y 'C$} 7 I 3 z4 11 h �� chi.):: pm.w J+74 w z . s1, ''a- Lit.tD (.a d N li't h v m A 'itI �0, U. Ott: 4 8 ��ppppp J di• m�i0 N m 0 p � e1 g C W H to � N en m A> _ 0. 40 11 v 0Z O: N L LLL 1,. t.... z c a y :.� W p N 0 Q Ci r - 0 rz •'� a i _ SI ;. 4. Z ,. '�� z s"� o LL L,,,▪ ,„,..„;.",t.)......„,"7"," L _ ; C.•hJ 61 M, _. alr +per' C L. S^iii N LSO 9 C'; 7.3 £ = ig �� E, LLL LLLLLL , +, c gri � CN ;r C Um 2 o JL t.a. at ▪ 7 �. r0 .>j$. +L a } a a � y �3 m m 'LL'-.1. ..:4,1"'"'" ,L 1� LL • - , - - t T_v• i - :11 ' a II` iti Illiliiiiii is r g,ck Pci ko I {kola •= 25E- viirl F k from pOSk 1--D PI-0)1L Ld C( IT1 , � loola ZCn ri ern 5h urn, i 1 /-0AI2d The two posts for the porch are original posts that have been re-wrapped in new product for an updated/nicer look. The original porch on the home came to those posts. The expansion of the porch was not outward (east and west) toward the road, but rather north and south to expand across the house. Therefore the position of the property in proximity from the house to the road has not been altered. The fence has been updated to vinyl and a new cement walk has been put in place over the existing walk. The measurement of this property has not changed. All work completed was placed over ex- isting fixtures. See original property measurements, assessment, and appraisal from pur- chase. EXHIBIT /i -e7 --et- /7.. r.• Rb »... .w'r tt .- 'Siis ..-. t i Ed ` r• 3 - rte/ f r E '. � « ' is �. .,, F . � Yom. , fY.fi Y. � I i 4. . ey' yylrJ1 r _ i. 9 i f \ sr. / 1 ‘C° :�uta:.a.: es- �' iiiia �� , �+w \�J� N { _.. k Sri_. ors -- C x ,• Y x,71 1 ..-t'.4,4--.. .. cS4 F _,R ,F` " ,e -- . ...` r 3 ;�, /I A /] 1 S 1 �S/ryV[�-- l7 v K.l J .,6 �^, *� - h U/J L 1. e PV' L Yid 41),by .F Hello