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Home My WebLink About20060776.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST REX HARRIS 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,Rex Harris,VI#0600012, 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 14th day of March, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Rex Harris 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 April 14, 2006, to allow adequate time for the property owner to submit a letter stating no commercial activity is being conducted on the site and a Home Occupation application is submitted 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 #0600012 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Rex Harris 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 April 14, 2006, to allow adequate time for the property owner to submit a letter stating no commercial activity is being conducted on the site and a Home Occupation application is submitted to bring the subject property into compliance. 2006-0776 PL0824 (01 A Idly 03s' o6 VIOLATIONS -VI #0600012 - REX HARRIS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D., 2006. BOARD OF COUNTY COMMISSIONERS ELD COUN " , COLORADO ATTEST: atedi ! �, �,,` _��/ �! AYE Weld County Clerk to the Boy' � Se l BY: dit1ft.4 Vat' �®�a�„�,.1I�David E. Long, Pro-Tern AYE De ty Clerk'to the Board Via....,/ NAY W ' m H. Jerke AP ED AS TO F t:t`�� AYE Rob rt D. Mas n my A orn .i � ei,� AYE Glenn Vaad Date of signature: 3( 2`1 1°41 2006-0776 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Rex Harris Violation: VI-0600012 Address: 1429 W 29th Place, Loveland, CO 80538 Legal: Part of the SW4, Lot A of RE-2523, Section 5, T5N, R67W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 60 and Y2 mile West of CR 17 North: Agriculture, Windsor City Limits South: Agriculture, Greeley City Limits East: Agriculture, Greeley and Windsor City Limits West: Agriculture Parcel Number: 0957-05-0-00-032 Acreage: 5.37 +/-Acres Certified mail date: February 22, 2006 Received: March 1, 2006 Currently the property is in violation of Chapter 23, Article III, Division 1 of Sections 23-3-20, 23-3-30, 23- 3-30.D, 23-3-40 and 23-3-40.O of the Weld County Code. REMEDY To bring the property into compliance the proper zoning permits shall be obtained for any business being conducted on the site or inside the home, including but not limited to the Creative Memories business. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. CASE HISTORY January 12, 2006 Initial complaint received. January 12, 2006 Five day compliance encouragement letter issued. January 19, 2006 Violation letter issued. January 24, 2006 Received complaint from a different complainant from the one that initiated the violation. January 26, 2006 Property owner called and said the most of the equipment was being used to landscape the property, but he would be in to speak to a Planner on January 30, 2006. January 31, 2006 Property inspected. Property remains in violation. 2006-0776 February 22, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. L DEPARTM. r OF PLANNING SERVICES (11North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 WWW.CO.WELD.CO.US W.CO.W ELD.CO.US C ' E-mail Address: asiron@co.weld.co.us Phone (970) 353-6100, Ext. 3566 O Fax (970) 304-6498 Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 February 22, 2006 Rex Harris 1429 W 39 PI. Loveland, CO 80538 Subject: VI-0600012, Part of the SW4, Lot A of RE-2523, Section 5, T5N, R67W, Weld County, Colorado Dear Mr. Harris: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on March 14, 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.D "Home Occupation" Section 23-3-40 "Uses by Special Revieww" • Section 23-3-40.O "Home Business" To bring the property into compliance: The proper zoning permits shall be obtained for any businesses being conducted on site or inside the home, including Creative Memories. A Use by Special Review (USR) or Home Occupation application shall be completed and submitted to the Department of Planning Services. For questions regarding which permit you may qualify for, I suggest you speak to one of our "On-Call" Planners. To better serve the public, we have two 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. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with 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. 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. U.S. Postal Service,., Sincerely, o CERTIFIED MAIL, RECEIPT q LID• (Domestic Mail Only;No Insurance Coverage Provided) {/l�'� 6,ladC2 („ -n F.r •eliveryinf•rmati•n visit•ur we•site atwww.us•s.c•m, Ann Siron r r _ �a: m a c t. , L Zoning Compliance Officer U .r Postage $ pc: VI-0600012 mR Certified Fee Department of Planning Services 0 Return Receipt Fee Postmark Bruce Barker, County Attorney o (Endorsement Required) - Here Restrictedm Delivery Fee_0 (Endorsement Required) ra r9 Total Postage&Fees $ lrl o Sent To REX HARRIS r- Street,Apt.No.; o OBoxNoa 1429 W 39 PL City,State,ZtP+4 rinmLO L liiiirrarns SEN It E': Ca M•LETE THIS SECTIeN Ce M•LETE THIS SECT/•N dN •ELIVERV • Complete items 1,2,and 3.Also complete A. Sig : u item 4 if Restricted Delivery is desired. ( /i/ / 0 Agent • Print your name and address on the reverse X J►_ -�� O Addressee so that we can return the card to you. B. R by(Panted Name) C. Date of Delivery ■ Attach this card to the back of the mailplece, f / or on the front if space permits r d l /itL ' D. Is delivery address different from Rem 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No REX HARRIS 1429 W 39 PL LOVELAND, CO 80538 l ei veal: 3. Service Type r XCCertified Mall 0 Express Mail `-C ❑ Registered 0 Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1160 0001 4537 6840 (rransfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Ann Siron r.j / - 011 . , From: Bethany Salzman . r i ! 4, Sent: Tuesday, January 24, 2006 8:09 AM ,' *1/2,,i;(„, !, To: Ann Siron r Subject: Fed a{4'po.,, ' r �., -...,},'�► f t ' y S t , ,r • Ik � v. It( .. La ylk Original Message U " -. From: webmaster@co.weld.co.us [mailto:webmaster@co.weld.co.us] Sent: Friday, January 20, 2006 5:46 PM To: Bethany Salzman Cc: Ripley Casdorph Subject: Online Code Complaint Online Complaint submitted January 20, 2006 Name of Complainant: Gary Jackson Address of Complainant: 7336 Willow Ridge Dr. Email Address: gjack5054@aol.com Complainant Phone: 970-686-4353 Address of Alleged Violation: 7331 WCR 60 Nature of the Alleged Violation: Running two businesses out their home. One business is excavating with trucks trash, and large earth moving equipment being stored in the yard. Trucks are constantly in and out of the yard and the neighbors are scared to walk the down the road, WCR 60 The other business is Creative Memories. (511 , They recieved their CO for the house less than a year. How are Your/Your Property Impacted by this Alleged Violation?Traffic , trash, lower land value, eye-sore Where is Your Property in Relation to the Alleged Violation: Across the road , Have You Discussed Your Concerns With the Property Occupant? No If Not, Please Explain Why? I am afraid of retaliation. Are You in a Subdivision Which has Covenants that Prohibit the Activity? No Have You Contacted the Homeowners Association? No May we contact you? Yes 1 Weld County Department of Planno Services Inspection Report COLORADO 918 10`°St Greeley, CO 80631 Date of Inspection: — -Gip Permit/Case No.: \j i --()I f. Property Owner Name: kLe x t--Y, ci' Address: I 3 I r_R t co r ! i.PF L 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 Copy of this inspection was: eft on Site ❑ Mailed on: Pictures taken during inspection: £Yes O No DEPARTMENT Or PLANNING SERVICES North Office Code Compliance Division 918 101h Street, Greeley, CO 80631 Website: WWW.CO.VVELD.CO.US E-mail Address: asiron@co.weld.co.us WI I DPhone: (970) 353-6100, Ext. 3566 CFax: (970) 304-6498 O e Southwest Office COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 • WELD COUNTY ZONING VIOLATION NOTICE January 19, 2006 Rex Harris 1429 W 39 PI. Loveland, CO 80538 Subject: VI-0600012, Part of the SW4, Lot A or RE-2523, Section 5,T5N, R67W,Weld County, Colorado Dear Mr. Harris: 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 23-3-40 "Uses by Special Review" Section 23-3-40.O "Home Occupation" To bring your property into compliance with the Weld County Code: A Use by Special Review (USR) application shall be completed and submitted to the Department of Planning services in order to permit the commercial activity taking place on property. For questions, I suggest you speak to one of our"On-Call" Planners. To better serve the public,we have two 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. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with 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 30 (thirty)days from January 19, 2006, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of C.,,,nty Commissioners to consider whether to i 0,er 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: VI-0600012 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES a North Office air"- :*** Code Compliance Division 918 10th Street, Greeley, CO 80631 Website:te: WWW.CO.WELD.CO.UO.US E-mail Address: asiron@co.weld.co.us ' Phone: (970) 353-6100, Ext. 3566 Fax: (970)304-6498 O Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 January 12, 2006 Mr. Rex Harris 1429W39Pl. Loveland, CO 80538 Subject: VI-0600012, Part of the SW4, Lot A of RE-2523, Section 5,T5N, R67W,Weld County, Colorado Dear Mr. Harris: 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 with the Weld County Code is the presence of an excavation business without the proper permit. For questions, I suggest you speak to one of our"On-Call" Planners. To better serve the public, we have two 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. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. 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, f Ann Siron Zoning Compliance Officer pc:VI-0600012 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY • DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10th 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: N i-Otgo0I&. O ZONING CODE COMPLAINT 0 Staff/Name Y1a Citizen O Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: -",/e2 -r'fp. Pending Case#(i.e.USR,RE, SE,ect...): Legal Description: ri..t " ,./.15154"Jr - -,Z,t2 Parcel#: Violation Address: l � t: n !I r.;'i �x ref { /'C(/ (LA' (( Property Owners Name: W.(4 v t2%? -LA // Phone: Property Owners Address: 14/29 bi-) f. cte/&s�'r 'ocn- Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: d An tri G- , IA&`rt f_:L /t✓3 rer, "c r;y-r r Additional Notes: _Ala' Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R8752600 Parcel#: 095705000032 Tax Area: 0429 Bordering County: - Acres: 5.37 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 05 - 67 - 05 -0 - - Owners Name&Address: Property Address: HARRIS REX T& Street: 7331 60 CR 1429 W 39 PL City: WELD LOVELAND, CO 80538 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 9/2/2004 $0 QCN 3218069 Legal Description PT SW4 5-5-67 THAT PT LOT A REC EXEMPT RE-2523 LYING IN SW4 SEC 5 SITUS: 7331 60 CR WELD O00000000 Land Valuation Summary Land T e Abst Code Unit of Number of Assessed yP Measure Units Actual Value Value Residential 1112 Acres 5.37 Land Subtotal: 5.37 $80,550 $6,410 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $149,139 $11,870 Total Property Value $229,689 $18,280 Building Details Account#: R8752600 Parcel#: 095705000032 Owners Name &Address: Property Address: HARRIS REX T& Street 7331 60 CR 1429 W 39 PL City: WELD LOVELAND, CO 80538 Building# Property Type 1 Residential Individual Built As Detail Built As: Permit Value Year Built: 2004 Exterior: HVAC: None http://maps.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=095 70... 01/12/2006 Identify Results Page 2 of 2 Interior Finish: Built As SQ Ft: 1 #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://maps.memck.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09570... 01/12/2006 144 ( _ L L ! ILL W ca O s: h X• L !U WU W p Fu" L.) Q`o C . p N• 'C� ;O I'"U' 6J o J mm - toZ O Q J . i....-t5 � ' �} a U in J cA U 411 CI u. ACC a Z y Z O J < I 3 r rZ €N v 0 L3 - E21 2 I N [d .. ail r0 tr C u x » I 0ci) . E< =a u, a . lE 41o. 0 o � i G . } N d yW. t Q y. Z o C 1 N 2 'j 3 •'C T m M C.Z I O I V - W rt O O. a a , o o c i x ,.-.._, — m a • ' Z �. 1 it : , Y) r- fV cc)� @ i.Q_� ' cu N V E N ' E -i rV - - • i I n. I o C f*f -C C Q aC Z 'Z M1. CO I .. ,r...!'''''''''''''';'';*444,...'1;- �s *4 4'11 P�` i tidy`fiY ; ' }t l ij:.`; : .; ' ,� - A,3r s t s r✓ '1—pp L{ v^s....: a.... ,1' k -.wry t $4 i�i 44,4;,:t • .,,•s,sy .. X 1 r:e . • • • 1I . .:Y :-. fit' .,. I .. L AC) O I' rtt Q a ca f Z ,, `i!`•: it m.. a Z a Zi ray 1- LL . ''AIL Y _ 0 .:151:. ..:. LLLL rli'4101:sx • u•, o CO f' prrCC 4 :CO R,' : u•,'--Z •;;;i;`;;A ]'''. 'Z --i 5! :' : "I: I '•1. ,i, „I J.,....1 ..... '''l ' ...:':. '.:1 :l '1'1.-.1''''':....'...: i I: a' .g-:g:� � � � • :- — z• I 1.: ' ... k. 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The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with an its appurtenances. The Specie Tenn of This Deed Are: Grantor: (Give names)and place(s)of residence;If the spouse of the owner-gnneor is joining in this Deed to release homestead right,identify grantors as husband and wife) REX HARRIS CONSTRUCTION, INC., A COLORADO CORPORATION 1429 W. 39111 PLACE LOVELAND, CO 80538 Grantee: (Give name(s)and addressees):statement of address,Mcbding available road or street number,is required.) REX T. HARRIS AND JILL H. HARRIS 1429 W. 39TH PLACE LOVELAND, CO 80538 Form or Co-Ownership: (If there are roe or more grantees named,they vett be considered to take es tenants m common unless the words'in Joint tenaney'or words of the tame meaningare added In the space below.) IN JOINT TENANCY Property Description: Onclude county and sate.) LOT A OF RECORDED EXEMPTION NO. 0957-05-3-RE2523, RECORDED JANUARY 28. 2000 AS RECEPTION NO. 2746725, BEING A PART OF THE SW1/4 OF SECTION 5 AND A PART OP THE NW1/4 OF SECTION 8, BOTH IN TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.N., COUNTY OF WELD, STATE OF COLORADO. Property Address: 7331 WCR 60, WINDSOR, CO 80550 Reservations-Restrictions: (If the GRANTOR intends to reserve any Interest in the property or to convey less than he owns, or If the GRANTOR is restricting the GRANTEE'S right in the property, make appropriate bdbaeon.) Executed by the Granter en 09-02-2004 Stamm. for Corporatism,P.rt.enhlp.r Araaeistlon: Signature foe Individual(s): RE% HARRIS CONSTRUCTION, INC Name y(�oranmr: Corpora Parmmbip or Asaoclatlon Grantor REX T. HARRIS. PRESIDENT Gnaw By tinnier Attest: STATH OP COLORADO COUNTY OP I'M U. The foregoing Instrument was acknowledged before me thla 2ND day of SEPTEMBER, 2004 Bye REX T. HARRIS, PRESIDENT OF REX HARRIS CONSTRUCTION, INC.. A COLORADO CORPORATOR WITNESS my hand end noisier seal. 1 `f \1�\ S r7Il:it / My commission*mires: 07-13-2008 Notary Public STATE OP KENDRA R. DEBBAN n. rater COUNTY OF S RY.PUA The foregoing instrument was acknowledged before ma ahb day of St‘.13Y Fly* flame individual Gnomes)orIf Grantor is Co rponlbn,Ytnnnhip or AsweLtion,Gee Identify elgnen so president or vi resilcolaDalisfs. or Inman,see.tary of corporation:or as pnmer(s)or perenNp:or as nthoriad nember(s)of association.) c 0EBBAN w•A Co WITNI53 my hand and official seed. My commission smarm Notary Public "IF CO 01981 UPDATE L.EOAL FORMS LTG r- HARRIS, REX U VI-0600012 R 60 IS • GREELEY CITY LIMI_I S I � Hello