HomeMy WebLinkAbout20062504.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST MICHAEL AND MELANIE SCOTT 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, Michael and Melanie Scott,VI#0500289, 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 September, 2006, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Michael and Melanie Scott were 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 October 12, 2006, to allow adequate time for the property owners to submit a
Use by Special Review Permit 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 #0500289 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Michael and Melanie Scott 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 October 12, 2006, to allow adequate time for
the property owners to submit a Use by Special Review Permit to bring the subject property into
compliance.
2006-2504
/1 ; PL, js/O[r PL0824
Og -.-RS-o6
VIOLATIONS - VI #0500289 - MICHAEL AND MELANIE SCOTT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th dada; September, A.D., 2006.
B
'kJ' IGa\ BOARD OF COUNTY COMMISSIONERS
X WELD CO , COLORADO
ATTEST: 12x, it i /�,�� r ez.7—
r� Ili r "" M. J. 'le, Chair
Weld County Clerk to the % . \i,� i
SAX aCcy
y , David E. Long, Pro-Tern
BY: I tr t F a_ _
Dept Clerk t the Board —� Y! �u
William H. Jerke
APP AS TO RM: EXCUSED
Robe D. Masden 1)
un ttorney v AID Glenn Vaad
g t�
Date of signature: /z`'/04'
2006-2504
PL0824
Weld County Violation Summary
Compliance Officer, Ann Siron
BASIC INFORMATION
Property Owner: Michael & Melanie Scott
Violation: VI-0500289
Address: 39643 Blvd A, Eaton, CO 80615
Legal: Lot 13, Block 17, Camfield, Weld County, Colorado
Location: West of and adjacent to CR 51 and less than a '/< mile South of Hwy 14
North: Agriculture
South: Agriculture
East: Agriculture
West: Agriculture
Parcel Number: 0711-18-0-02-005
Certified mail date: August 9, 2006 Received: August 15, 2006
Currently the property is in violation of Chapter 23, Article III, Division 1 of Sections 23-3-20, 23-3-30, 23-
3-40, 23-3-40.O and 23-3-40.R of the Weld County Code.
REMEDY
To bring the property into compliance a Use by Special Review permit shall be completed and submitted
to the Department of Planning Services for the commercial activity currently taking place on the property.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office but delay legal action for 30 days.
CASE HISTORY
August 17, 2005 Initial complaint received.
August 17, 2005 Initial inspection completed.
August 17, 2005 Five day compliance encouragement letter issued.
August 29, 2005 Violation letter issued.
January 5, 2006 Received call from property owner.
January 26, 2006 Received update from property owner.
May 12, 2006 Received call from property owner.
July 27, 2006 Received update from property owner.
2006-2504
February 21, 2006 Received call from property owner.
August 29, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
September 1, 2006 Melanie came in and met with Chris Gathman. She is still in need of her
Certificate of Conveyances and then her application should be complete.
a DEPART ,—.3. OF PLANNING SERVICES
resNorth Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
WWW.CO.WELD.CO.US
W.CO.W ELD.CO.US
E-mail Address: asiron@co.weld.co.us
Phone (970) 353-6100, Ext. 3566
CFax (970)304-6498
O e Southwest Office
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (720)652-4210, Ext. 8730
Fax: (720) 652-4211
August 9, 2006
Mr. & Mrs. Michael Scott
PO Box 736
Galeton, CO 80615
Subject: VI-0500289, Lot 13, Block 17, Camfield, Weld County, Colorado
Dear Mr. & Mrs. Scott:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on September 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 23-3-40 "Uses by Special Review"
Section 23-3-40.O "Home Business"
Section 23-3-40.R "Any use permitted as a Use by Right,an Accessory Use,or a Use
by Special Review in the Commercial or Industrial zone districts, provided that the
property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions. PUD development
proposals shall not be permitted to use the special review process to develop."
To bring the property into compliance:
A Use by Special Review permit shall be completed and submitted to the Department of
Planning Services or all operations shall cease and a letter stating that the business is
no longer in operation shall be submitted to the Department of Planning Services.
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.
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.
Si erely,
U.S.Postal Service..
m CERTIFIED MAIL„. RECEIPT
T (Domestic Mail Only;No Insurance Coverage Provided)
Ann Siron
F•r•slivery int•rmati nvisit •ur website atwww.us•s.c ms.
Zoning Compliance Officer r n
B.,
pc: VI-0500289 Postage $
Department of Planning Services ru
Certified Fee
Bruce Barker, County Attorney o
Postman(
p Return Redept Fee Here
(Endorsement Required)
Restricted Delivery Fee
r1 (Endorsement Required) cc
Total Postage&Fees $
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O Sent To V.., S�.,e.�{ .
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
Rem 4 if Restricted Delivery is desired. X M, / ' It ?gent
• Print your name and address on the reverse `� ddressee.
so that we can return the card to you. B. Received by(Erin e) C. e livery
• Attach this card to the back of the mailpiece, `WJ
or on the front if space permits. , �.
D. Is delivery address iff 1MM Rem 17 Y
1. Article Addressed to: If YES,enter delive address below:
(11r¢C11rs m attte_ it- eis) es
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2. Article Number 7003 1010 0002 8989 4413
(Transfer from service labs"
PS 3811, Februar 004 Domestic Return Receipt 102595-02-M.1540
DEPARTML..I- OF PLANNING SERVICES
North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
WWW.CO.WELD.CO.US
W.CO.W ELD.CO.US
E-mail Address: asiron@co.weld.co.us
C Phone (970) 353-6100, Ext. 3566
30 Fax (970) 304-6498
Southwest Office
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
July 26, 2006
Mr. & Mrs. Michael Scott
39643 Blvd A
Eaton, CO 80615
Subject: VI-0500289, Lot 13, Block 17, Camfield, Weld County, Colorado
Dear Mr. & Mrs. Scott:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on September 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 23-3-40 "Uses by Special Review"
Section 23-3-40.O "Home Business"
Section 23-3-40.R "Any use permitted as a Use by Right,an Accessory Use,or a Use
by Special Review in the Commercial or Industrial zone districts, provided that the
property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions. PUD development
proposals shall not be permitted to use the special review process to develop."
To bring the property into compliance:
A Use by Special Review permit shall be completed and submitted to the Department of
Planning Services or all operations shall cease and a letter stating that the business is
no longer in operation shall be submitted to the Department of Planning Services.
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.
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.
Sincerely,
U.S. Postal Servicew
Ann iron (Domestic Mail Only;No Insurance Coverage Provided)
CERTIFIED MAIL, RECEIPT
Zoning Compliance Officer F•r.eRve
N ryinf•rmati•0 visit •ur we•site at www.us•s.c mr
pc: VI-0500289 `
Department of Planning Services
Postage S
Bruce Barker, County Attorney ,a
O Certified Fee
O
O Return Receipt Fee Postmark
(Endorsement Required) Here
(Endorsement
Delivery RquiFee
(Entl tric Restricted
Required)
e
mR
Total Postage&Fees $
u)
Sent To
r-
r- MR & MRS MICHAEL SCOTT
Street,Apt No.;
or P°Box No.
3.9 43 BLVD A
City.State,ZIP+C
EATON, CO 80615
PS Form 3800.June 2002 See Reverse for Instructions
DEPARTMENT OF PLANNING SERVICES
jot Csit-N:3 North Office
Code Compliance Division
918 i10th e: Street, Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
WliD Phone: (970) 353-6100, Ext. 3566
Fax: (970) 304-6498
Southwest Office
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720)652-4210, Ext. 8730
Fax: (720)652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
August 29, 2005
Mr. & Mrs. Michael Scott
39643 Blvd A
Eaton, CO 80615
Subject: VI-0500289, Lot 13, Block 17, Camfield, Weld County, Colorado
Dear Mr. & Mrs. Scott:
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 23-3-30.D "Home Occupations"
Section 23-3-40 "Uses by Special Review"
Section 23-3-40.O "Home Business"
Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial zone districts,provided that the property is not a
Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions. PUD development proposals shall not be
permitted to use the special review permit process to develop."
To bring your property into compliance with the Weld County Code:
As discussed during a phone conversation on August 29, 2005, the following shall occur to
properly bring your property into compliance:
The business shall move back into the home, with no employees and a Home Occupation
application shall be submitted to the Department of Planning Services.
The detached garage shall be attached to the home, doors remain close during business
hours, no employees and a Home Occupation application shall be submitted to the
Department of Planning Services.
A Use by Special Review(USR)permit application shall be submitted to the Department of
Planning Services.
All operations shall cease and a letter stating that the business is no longer in operation shall
be submitted to the Department of Planning Services.
For questions, I suggest you speak to on 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
August 29, 2005, 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,
6;ditHei(i:e4Lk_
Ann Siron
Zoning Compliance Officer
pc: VI-0500289
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
a North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
Phone: (970) 353-6100, Ext. 3566
Fax: (970) 304-6498
lac Southwest Office
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
August 17, 2005
Mr. & Mrs. Michael Scott
39643 Blvd A
Eaton, CO 80615
Subject: VI-0500289, Lot 13, Block 17, Camfield, Weld County, Colorado
Dear Mr. & Mrs Scott:
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 operation of a commercial business without the proper Use by Special Review (USR)
permit.
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.
Sincerel
`
Ann Siron
Zoning Compliance Officer
pc: VI-0500289
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
611;:rit
Weld County Department of
Planning Services
Wi`IDc. 918 Inspection
Sport
t
COLORADO
a Greeley, CO 80631
Date of Inspection: p 1-1
Permit/Case No.: VI 'D 5_CJL3a VZ _
Property Owner Name: t in s cl n P l cl Cc3T�
Address: 391 ({3 g1 vd A-
Upon a(visual)(on-site)inspection of the property listed above,the following items
were noted:
1� shed
LOOrL +hick
Inspection by: as Contact Name: 6141—r)' S,tta,
Contact Phone Number: 970-353-6100, Ext. 3555
Copy of this inspection way D T f on Site n iailea ....•
Pictures taken during inspection: O Yes
-3/4),
, Q
DEPARTMENT OF PLANNING SERVICES
I
Code Compliance Division
WI P 918 10'h Street, Greeley, CO 80631
O Phone: (97O) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
/ Complaint Initiated by: \' - ��a�9,
ILA ZONING CODE COMPLAINT 0 Staff/Name Citizen 0 Other
• HEALTH DEPARTMENT Citizen's Name(If known):
• WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
El BUILDING CODE COMPLAINT
• PUBLIC WORKS/PEST& WEEDS
Date Complaint was received: • -9-I7-o5
Pending Case#(i.e.USR,RE, SE, ect...): /� /
Legal Description: L/3 , IL_'7 eMF,a e1d1 1/p`/- 07 - 4 Parcel #: 6 71/ f 7! -6-j;-ens
Violation Address: 3Cibie Slue 6, Eafon "`
Property Owners Name: 172 'n I fie/ /72cio1J/J dF Phone:
Property Owners Address:
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: &/k elf 1622 l o ten /d (&�/ -��/ced)
ZJ �"". 7• 0 •
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Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0931401 Parcel#: 071118002005
Tax Area: 0205 Bordering County: V I —C)SDC)ag9
Acres: 2.31
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
07- 64 - 18 -0 CAMFIELD - 17 - 13
Owners Name&Address: �� Property Address:
SCOTT MICHAEL L SR& MELANIE B i� Street: 24657 3 AV WELD
39643 BOULEVARD A L / rG City: WELD
EATON, CO 80615 't�,!t'_J�•
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception#
9/28/2001 $36,900 WD 2888643
Legal Description
L13 BLK17 CAMFIELD MOBILE/MODULAR TITLE NO: MSO SERIAL: 143T4531 YEAR: 2002 MAKE: REDMAN SIZE: 28X70 24657 3
AV WELD 00000
Land Valuation Summa
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Site
Land Subtotal: $39,000 $3,100
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
Improvements Subtotal: $141,705 $11,280
Total Property Value
$180,705 $14,380
Building Details
Account#: R0931401 Parcel#: 071118002005
Owners Name&Address: Property Address:
SCOTT MICHAEL L SR&MELANIE B Street: 24657 3 AV WELD
39643 BOULEVARD A City: WELD
EATON, CO 80615
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Modular Year Built: 2001
Exterior: Frame Hardboard HVAC: Forced Air
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07111... 08/17/2005
Identify Results Page 2 of 2
Interior Finish: Drywall Built As SQ Ft: 1782
# of Baths: 3 Roof Type: Gable
# of Bdrms: 4 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 6 Units: 1
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: 1782 Finished SQ Ft:
http://maps.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07111... 08/17/2005
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