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Home My WebLink About20060465.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST WHITE BEAR MANAGEMENT LLC,CIO SAM REED 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, White Bear Management LLC, clo Sam Reed, VI #0500136, 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 February, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, White Bear Management LLC, do Sam Reed, 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 14, 2006, to allow adequate time for the property owner to remove the remaining commercial equipment and supplies, and to submit a new building 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 #0500136 be, and hereby is, referred to the Weld County Attorney's Office for legal action against White Bear Management LLC, do Sam Reed 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 14, 2006, to allow adequate time for the property owner to remove the remaining commercial equipment and supplies, and to submit a new building permit to bring the subject property into compliance. 2006-0465 PL0824 00 P� i/tvt- 03- 2b ow VIOLATIONS -VI #0500136 - WHITE BEAR MANAGEMENT LLC, C/O SAM REED PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2006. ` i BOARD OF COUNTY COMMISSIONERS `WELD CO TY, COLORADO ATTEST: "' M �'%s �'4�i '�Geile{Chair^.�:•: Weld County Clerk to the ` Fr fA'vi/ (EXCUSED �� , �� r.:�,�,�,.I David E. Long, Pro-Tem BY: ti I ' D: .uty CIe1`k to the Boar. -1',-, iY W7nfAerke APP AS TO FO (CL�y\ i Robert D. asden -- ,Co orney Glenn VI----_ Date of signature: 3 I 13/007 2006-0465 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: White Bear Management LLC c/o Sam Reed Violation: VI-0500136 Situs Address: 14095 CR 22, Fort Lupton, CO 80621 Mailing Address: PO Box 1183, Brighton, CO 80601 Legal: Lot A of RE-828 also known as part of the SW4 of Section 9, T2N, R66W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 22 North: Agriculturally zoned properties South: Agriculturally zoned properties and approximately 2 miles North of Aristocrat East: Agriculturally zoned properties West: Agriculturally zoned properties and approximately 1 mile East of Hwy 85 Parcel Number: 1309-09-0-00-012 Acreage: 4.52 +/- acres Certified mail date: December 1, 2005 Received: December 29, 2005 (unclaimed) January 3, 2006 January 26, 2006 (unclaimed) January 10, 2006 (not deliverable) Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-40 and Chapter 23-3-40.R and Chapter 29, Article 111(3) of Sections 29-3-10 and 29-3-230 of the Weld County Code. REMEDY ► To bring the property into compliance the commercial equipment and storage shall be removed or a Use by Special Review permit shall be obtained. ► Additionally, a new building permit shall be obtained due to the expiration of BCS-050244 for a 3000 sq ft structure. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office, but to delay legal action for 30 days. CASE HISTORY April 11, 2005 Initial inspection completed. April 11, 2005 Initial complaint received. April 19, 2005 Five day compliance encouragement letter issued. April 26, 2005 Violation letter issued. 2006-0465 White Bear Management LLC Page 2,VI-0500136 May 25, 2005 Mr. Sam Reed came to the office and submitted a letter. May 26, 2005 Violation letter re-issued. Granted 180 day extension. December 1, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. December 29, 2005 Certified letter returned as"Unclaimed". January 3, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners to both the physical address and PO Box. January 10, 2006 Certified letter returned as "No street delivery—need PO Box." January 26, 2006 Certified letter returned as "Unclaimed". January 31, 2006 Hand delivered Violation Hearing letter to Mr. Reed. Weld County Department of Planning Services Inspection Report COLORADO 18 10`h St Greeley, CO 80631 Date of Inspection: Permit/Case No.: \L .?' Property Owner Name: VA Address: \C(:)\ C-C ZZ Upon a(visual)(on-site)inspection of the property listed above, the following items were noted: . n Mr. Qej Inspection by: \--)11Th Contact Name: .A\ L��%4\A Y- J Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspection was: fir to ... Pictures taken during inspection: ❑ Yes -No We/ C�I� INNING SERVICES Weld CeJ�,EFLE,61 nni � compliance Division itot! C`"'=4; •pr's 'e -< NORTH OFFICE JqN "; o y o 918 10TH Street 2 6 2005 ; a D ;tEELEY, CO 80631 lIlA �.E ni X W.CO.WELD.CO.US 'VE® nan(a�co.weld.co.us ur z ;53-6100, Ext. 3555 � z OH AX:X: (970) 304-6498 COLOR? �' • ' , m (,:1::;i ,`J�� 0 D JTHWEST OFFICE d9no ro . al 52.E $ Dg' GAF January 3, 2006 (Ali co m O WHITE BEAR MA «s = 0 3 m R ��y, C/O MR. SAM RE jh ` POBOX1183 Oxv� m BRIGHTON, CO 't? n w > > 01 O 73 WHITE BEAR MA UI mD 14095 CR 22 o m z FORT LUPTON, C - o m a K C Subject: VI-0 _ m of tt = —zi a - r ri r "' Dear Mr. Reed: - C1 The property refer = " , scheduled a meeting with the B -7" : n consider the violations occurrin = T ."=ter R: lation of the following Sectior =_- Chapter 23, = o o UNi Section 23-; O D O N. <$ '�4'y Section 23-: o ,'' TA Section 23-; „:.- „ ti 9 Section 23-< �. O' ``a Y° a Use by Special I C. N -4 ; af at the property is n v_ EH , I yap or plan filed pri o �O pment proposals st ° aA o alop." Chapter 29, co ,,,.p li Section 29-: hi) u. Section 29-: To bring the prope In May of 2005 we discussed that within 6 (six) months substantial progress would be evident; however, during my inspection on November 29;2005, I was unable to see any progress. As we have previously discussed, even the storage of these types of commercial vehicles and equipment requires a Use by Special Review permit. For r- ,---------- r� Vm / Q ie NNING SERVICES { :ompliance Division Z4) NORTH OFFICE ',� i w z 918 10TH Street 9,� �F`9o�� m EELEY, CO 80631 vii IN j O�oPQ v /.CO.WELD.CO.US c'O e c 53-6100, Ext. 3555 �� -O k;:: (970) 304-6498 m COLORA F i O o y JTHWEST OFFICE -4 z 4209 CR 24.5 z JMONT, CO 80504 O 52-4210, Ext. 8730 co tX: (720) 652-4211 x January 3, 2006 I o = m 1 WHITE BEAR MN con H C/O MR. SAMREE nW PO BOX 1183 DO M.si. A m BRIGHTON, CO 8 _cc000> i N X C lt:32 al n E� , 3 a ��. WHITE BEAR MAP � �-+�o z ru 14095 CR 22 — 4,a l;,o FORT LUPTON, C - o�a�+.2mo, o �� Subject: Vi-0: _ I a;4x m IC.-' CD T2N, "66W ofthi a >O' o e 10- w � imm Dear Mr. Reed: ay. T sn°i �' The property referE — a st �1°Ea cro k �f'k ;: scheduled a meeting with the Bc _ * g w s� - n rtl a E �m m �!q.�;,,;, consider the violations occurring F._ j a 36 - ation of the following Section) = Zi to r m #1 �'y •" •• Chapter 23, i E. I i i7 y 2. owe.° Section 23-3 Z " sh Section 23-3 = ;' i0 U R a, q v Section 23-3 V I O o N �,o m$ Section 23-3 1rn E Ups; Use by Special R N t the property is nc 1 1 d 0 :I. - plan filed prio °o o0 ` eont proposals sh. m a $ op." o nib ,m Chapter 29, i w oN m Section 29-3- 0 G Section 29-3- To bring the proper.;`...._ __...,___.__ In May of 2005 we discussed that within 6 (six) months substantial progress would be evident; however, during my inspection on November 29,2005, I was unable to see any progress. As we have previously discussed, even the storage of these types of commercial vehicles and equipment requires a Use by Special Review permit. For DEPARTMENT OF PLANNING SERVICES ctit dr, , d Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 ' Website: WWW.CO.WELD.CO.US C E-mail Address: bsalzmanco.weld.co.us O PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 January 3, 2006 WHITE BEAR MANAGEMENT LLC CIO MR. SAM REED PO BOX 1183 BRIGHTON, CO 80601 WHITE BEAR MANAGEMENT LLC 14095 CR 22 FORT LUPTON, CO 80621 Subject: VI-0500136, Lot A of RE-828 also known as part of the SW4 of Section 9,T2N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Reed: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on February 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 23-3-40 "Uses by special review." 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." Chapter 29, Article 111(3) "Building Permits." Section 29-3-10 "Building permit required." Section 29-3-230 "Expiration of plan review." To bring the property into compliance: In May of 2005 we discussed that within 6 (six) months substantial progress would be evident; however, during my inspection on November 29, 2005, I was unable to see any progress. As we have previously discussed, even the storage of these types of commercial vehicles and equipment requires a Use by Special Review permit. For White Bear Management VI-0500136,Page 2 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. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. Additionally, the building permit (BCS-050244) which was issued on June 9. 2005 has been expired due to a lack of any inspections and failure to have the permit finaled within the allotted 6 month time frame. 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, • r rainiN,LCcI \\Lairi Q_\ Bethany Salzman I Zoning Compliance Officer II pc: VI-0500136 BCS-050244 Department of Building Inspections Department of Planning Services Bruce Barker, County Attorney U.S.Postal ServiceTM m CERTIFIED MAILM RECEIPT rn (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit-our webslte at www.usps.coma Er 0 r- Postage $ m Certified Fee Postmark p Return Receipt Fee (Endorsement Required) Here CI Restricted Delivery Fee P' (Endorsement Required) Total Postage&Fees , $ 1 11 O Sent To WHITE BEAR MANAGEMENT LLC • N Street,Apt.No.: • or PO Box Na PO BOB 1183 E Oh:,State.ztP+a BRIGHTON CO 80601 • SPolin;a800,June20o2 .Se eilepersetorinstrueiom- U.S. Postal Service,. N CERTIFIED MAILTM RECEIPT L n (Domestic Mail Only;No Insurance Coverage Provided) F•r•Nivery inf•rm:.on visit•ur we•site at wvm.usps.co Q' O Ul Postage $ rn Certified Fee O Postmark Return Receipt Fee Here (Endorsement Required) 0 Restricted sm Delivery Fee - �' (Endorsement Required) ED nJ Total Postage&Fees 0 0 Sent To WHITE BEAR MANAGEMENT LLC f` Street,Apt.Na, °. ` POB°xN°. 14095 CR 22 City,Staare,ZIP.a FORT LUPTON CO 80621 PS Form 3800,June 2002 See Reverse for Instructions E m �-L�L Weld County Planning Departm GREELEY OFFICE ►�� m ANNING SERVICES 4cr ilCompliance Division DEC 2 2005 C� NORTH OFFICE REC `, �. D m 918 10TH Street V ® - 0 v .REELEY, CO 80631 Will m 7J W.CO.WELD.CO.US " ' a• tmanco.weld.co.us y z 353-6100, Ext. 3555 O -1 FAX: (970) 304-6498 COLOR, Z O ' v )UTHWEST OFFICE c:1 c z 4209 CR 24.5 z 4GMONT, CO 80504 .4. fiD' O 652-4210, Ext. 8730 a) cn FAX: (720) 652-4211 (a [� m December 1, 201 i� �) m ri U ti co �� I , � O n OL) WHITE BEAR M a G) co C/O MR. SAMR .4"+;, —ix PO BOX 1183 `41 O � co m �J BRIGHTON, CO . n m co 3 -i ,43 C Subject: VI- } O m D o �� 3,T2N, R66W of = o m z a, ru m —a �e Dear Mr. Reed: o - m The property ref( - o re scheduled a meeting with the r O to consider the violations occurri n w itinielmiolation of the following Sectic Eza in Chapter 2: -11 Section 23 at— Section 23 Section 23 Section 23 1 5 C O UtitrF• r a Use by Special z e > o N os,. hat the property is 'a g 0, m ,...U) 9A map or plan filed p A �( 9 opment proposals o N velop." Chapter 2t r- \ c N a� Section 29 �� vons` Section 29 o o (710 t s+ �' co o cabm it To bring the pro o tali In May of: w fould be evident; he see any progress. ypes of commercial vehicles and equipment requires a Use by Special Review permit. 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 10`h 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, a DEPARTMENT OF PLANNING SERVICES KitCompliance Division NORTH OFFICE 918 10T" Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US WI C E-mail Address: bsalzman( co.weld.co.us O PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE OFFICE ivy 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 December 1, 2005 WHITE BEAR MANAGEMENT LLC C/O MR. SAM REED PO BOX 1183 BRIGHTON, CO 80601 Subject: VI-0500136, Lot A of RE-828 also known as part of the SW4 of Section 9,T2N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Reed: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 10,2006, 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.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." Chapter 29, Article 111(3) "Building Permits." Section 29-3-10 "Building permit required." Section 29-3-230 "Expiration of plan review." To bring the property into compliance: In May of 2005 we discussed that within 6 (six) months substantial progress would be evident; however, during my inspection on November 29, 2005, I was unable to see any progress. As we have previously discussed, even the storage of these types of commercial vehicles and equipment requires a Use by Special Review permit. 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 10`h 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 CP,24.5, White Bear Management VI.0500136,Page 2 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. Additionally, the building permit (BCS-050244) was issued on June 9, 2005 and is scheduled to expire on December 6,2005. My records indicate that no inspections have been requested or completed. 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, V)* Bethany Salzman Zoning Compliance Officer II pc: VI-0500136 BCS-050244 Department of Building Inspections Department of Planning Services Bruce Barker, County Attorney U.S. Postal Service., I'm CERTIFIED MAILT,., RECEIPT T_ (Domestic Mall Only;No Insurance Coverage Provided) s For delivery information visit our website at www.usps.comm O I LL l i t 1 Postage I$ m Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) 0- Restricted Delivery Fee • (Enaorsemenf Required) co ru Total Postage&Fees $ Sent To ✓ [WHITE BEAR MANAGEMENT LLC i Street,Apt.No.; Ior PO Box No , . PD...B0%_11RI I City.Stare.ZIP+4 BRIGHTON CO 80601 Weld County Building Inspection Department 1555 North 17th Avenue,Greeley,CO 80631 (N i 970-353-6100,Ext.3540 Fax: 970-304-6498 >\N Permit# BCS-050244 Status ISSUED Applied 05/25/2005 Issued 06/09/2005 Expires 12/06/2005 Job Address 14095 CR 22 WEL Job Location 14095 CR 22 Job Description 3000 SF POLE FRAME STORAGE SHED ON SLAB -EXISTING ELECTRIC ON PERMIT EL-010069 -GARAGE BUILT 5 YEARS AGO AS AN COC BUILDING(NO RECORD ON FILE)-CONVERTED TO PERSONAL STORAGE SHED -FEES PER ROGER REF: EL-010069 Occ. Class U Construction Type: VB Zone District AGRICULTURAL Parcel Number 1309-09-0-00-012 1997 UBC Valuation$44,460.00 -' ^ APPLICANTPO BOX 1183E BEAR MANAGEMENT LLC 05/26/2005 Phone: 303-489-3087 a O'4,10 BRIGHTON CO O 80601 ' D CONTRACTOR OWNER 05/26/2005 V OWNER WHITE BEAR MANAGEMENT LLC 05/26/2005 Minimum Required Zoning Setbacks N- 0 S- 0 E- 0 W- 0 SETBACKS N/A BUILDING BUILT IN 2001-CHANGE OF USE FEE SUMMARY Total Permit Fees $529.75 Total Payments .00 Balance Due $0.00 FEE BREAKDOWN SUMMARY Item#Description Account Code Tot Fee Paid Prv.Pmts Cur.Pmts 2010 Building Permit 100025100-42 529.75 529.75 529.75 .00 NOTICE The applicant,agents and employees shall comply with all the rules,restrictions and requirements of Weld County Zoning and Building Code Ordinances governing location,construction,demolition and erection of the above proposed work for which this permit is granted.The building Official is authorized to order the immediate cessation of work at any time a violation of the adopted codes or regulations appears to have occured. Violations of any codes or regulations may result in the revocation of this permit. Buildings must conform with the plans as submitted to the Building Inspection Department. Any changes to the plans or lay-out must be approved prior to construction. Any changes in the use or occupancy of the building must be approved. It shall be the duty of the property owner or the person doing the work authorized by this permit to notify the Weld County Building Inspection Department that such work is ready for inspection. This permit shall expire by limitation and become null and void if the building or work authorized by this permit is not commenced within 180 days from the date this permit is issued.or if the building or work authorized by this permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can recommence a new permit shall be required and the charge shall be 1/2 the fee under the current Weld County Building Inspection Fee Schedule provided that such suspension or abandonment has not exceeded five(5)years. When suspension or abandonment has exceeded five(5)years,the permittee shall pay the full permit fee under the current fee shcedule. Weld County is not liable for workmanship. Permits are not transferable. form:BldgComb E. as " W �� m a •zieGi CO r,r : r >!Tr-) N � 41 : : q C I' ?cz ca I0 u+ 53 o •� � acu . > oC M W Q 6 C J w t tip 414E. , : II III W C d {ni N g 4r1 I.'-x C � �V qt�. ( : d a d • A �. 41n` P "si ►IIII� s- -a 4 # D. G a C17. us i O ; Z . N,'.. F W Q OI W N J 'M 1� G Rlf Z r- y QN7 a ,J.1?:,,,- a J d I.-C-) nl. a� 4 ntA C g .g �, W Z 4 tL Z nit N d G. :"J CC N 4 �. a� � o LLLLL LL �:. z " a o s' a 03 CLWU •°ki ti w : ¢ �,. W O d o 0 U o t4t.: G x �I COi m 4 J CO 3 u:. ".. t'7' sI ... L,' _ � o LLL LL LL i.:a u L )Q02 ON @ u O E 3 $- 6.m ors., 9 0.., TO .. 9 �iN . "' s " C z . M d �' x L^ ' I R a_� �43e LLL LLLLLL it". r t . G N @ Q q O .,,"� a o Z C '00 LI d 4'' g S ill v i y it s u O I° IA a i O' T O i " .:y G m I q N o u o m o e�°i +)Lt, eoi 'N ZI wl 31" i—I t� co S 2 .m- ® ir ~ Q • } .' a '- N � JT m m LLLLLLLLL ,; DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman(a�co.weld.co.us O 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 May 26, 2005 White Bear Management LLC cio Mr. Sam Reed PO Box 1183 Brighton, CO 80601 Subject: VI-0500136, Lot A of RE-828 also known as part of the SW4 of Section 9, T2N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Reed: 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.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: It is my understanding based upon a discussion with you earlier today, that the vehicles are not operated in any commercial capacity; however, as I indicated even the storage of commercial vehicles necessitates a Use by Special Review permit. It in my understanding that you are in the process of selling these vehicles and eventually they will all be removed from the property. Since this violation was initiated through a "drive-b y' and not a citizen complaint, I do have a little more leeway with regard to a time line. As we discussed, this Mr.Reed Page 2,VI-0500136 violation is being continued for 6 months from May 26, 2005. Please keep any receipts, advertisements or sale documents showing a continuous effort to bring the property into compliance. 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 180 (one hundred-eighty) days from May 26,2005,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, Bethany Salzman ai?t1\PCn Zoning Compliance Officer pc: VI-0500136 Department of Building Inspections Department of Planning Services Bruce Barker, County Attorney 3n-C - cr\r\ Czeed OeS4/4 cp6/0/-17 ezi%.1a.;„ cet.o.aed 150 q /o// c7L. g1/444.7 (2e) X63/ S jnn-; Ceti -eo ,�/h ../.41O,M o /7 i;4/1/4).9c-- c&'ce 22-, 1( , , CC. .-� , a, ±-itztaJzi rengny & i , ('wu a-nd pa-44 i* (5{-- Cc . -9-li &heed :24 0-- ec)-e 4atej coc) 4eee, d`,:d vtd r ocze-eray ge-1/4-z-d c)-t-ey boideiL kao ..,e=n -F e.% {A rc1974.2 Vet. �zRa -c, ma„/uC_ - -cs ii -\c\ Qect-ii 4 DEPARTMENT OF PLANNING SERVICES � , Compliance Division NORTH OFFICE 918 10T" Street Wilpe GREELEY, CO 80631 DWebsite: WWW.CO.WELD.CO.US E-mail Address: bsalzmanco.weld.co.us PHONE: (970) 353-6100, Ext. 3555 • FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE April 26, 2005 White Bear Management LLC PO Box 1183 Brighton, CO 80601 Subject: VI-0500136, Lot A of RE-828 also known as part of the SW4 of Section 9, T2N, R66W of the 6'h P.M., Weld County, Colorado Dear Gentlemen: 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 III, 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.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." Chapter 29, Article III(3) "Building Permits" Section 29-3-10 "Building permit required." To bring your property into compliance with the Weld County Code: Upon researching my computer and files, I have been unable to locate any zoning permits for the commercial vehicles,equipment or operation occurring on the above mentioned property. For questions, I would suggest that you speak to one of our"On-Call" Planners. We have 2 locations open to the public. Our main office is located at 918 10th Street,Greeley, Colorado. White Bear Management Page 2,VI-0500136 Where, we have an "on-call" planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00 -4:00 p.m. Our other office (the Southwest Weld Office) is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m. -4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. Additionally, I have been unable to locate a building permit for the structure associated with this commercial activity. Therefore a building permit shall be completed and submitted to the Department of Building Inspections. 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 April 26, 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, Bethany Salzman Zoning Compliance Officer pc: VI-0500136 Department of Building Inspections Department of Planning Services Bruce Barker, County Attorney • DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10T" Street GREELEY, CO 80631 ' Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman(a)co.weld.co.us O PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 L0NGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 April 19, 2005 White Bear Management LLC PO Box 1183 Brighton, CO 80601 Subject: VI-0500136, Lot A of RE-828 also known as part of the SW4 of Section 9, T2N, R66W of the 6th P.M., Weld County, Colorado Dear Gentlemen: 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 follows: ➢ The presence of multiple"Commercial Vehicles" requires an approved Use by Special Review permit; however, upon review of my case files and computer, I have been unable to locate such a permit. For questions, I would suggest that you speak to one of our"On- Call" Planners. We have 2 locations open to the public. Our main office is located at 918 10th Street, Greeley, Colorado. Where, we have an "on-call" planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00-4:00 p.m. Our other office (the Southwest Weld Office) is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office,a planner is available Tuesday or Thursday from 8:00 a.m.-4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. ➢ Additionally, my records do not indicate any new building permits for the shop structure associated with this commercial activity. 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` �� Bethany�C)3? , w//�� Zoning Compliance Officer pc: VI-05001y Department of Planning Services O fait Weld County Department of Planning Services Inspection Report COLORADO 918 10th St Greeley, CO 80631 Date of Inspection: ti.!`"t' Permit/Case No.: Property Owner Name: Address: \U ) • Upon a(visual)(on-site)inspection of the property listed above, the following items were noted: ti Lf1mEt t_t f ; v P 4_v I C'kfC.,`> O-1 L4( L�I�t(��. s ,1 Lag.. () 17TCI tQ-Ctita C (—VG NCIL,t\(7'Cl Inspection by: Contact Name I `J Contact Phone Number: 970-353-6100,Ext.3555 Copy of this inspection was: Pictures taken during inspection: ❑ Yes ,X.tlo Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0095787 Parcel#: 130909000012 NIMMOINPIMINIF Tax Area: 2230 Bordering County: Acres: 4.52 ` • Township Range Section Quart. Sec. Subdivison Name Block# Lot# 02 - 66-09 - 0 - - Owners Name &Address: Property Address: WHITE BEAR MANAGEMENT LLC Street: 14095 22 CR P 0 BOX 1183 City: WELD BRIGHTON, CO 80601 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 9/25/2000 $210,000 WD 2797714 Legal Description PT SW4 9-2-66 LOT A REC EXEMPT RE-828 (.48R) SITUS: 14095 22 CR WELD 80621 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Site Land Subtotal: $74,580 $5,940 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 4 Out Building Improvements Subtotal: $121,026 $9,630 Total Property Value $195,606 $15,570 Building Details Account#: R0095787 Parcel#: 130909000012 Owners Name &Address: Property Address: WHITE BEAR MANAGEMENT LLC Street: 14095 22 CR P 0 BOX 1183 City: WELD BRIGHTON, CO 80601 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1915 Exterior: Frame Siding HVAC: Forced Air http://maps.merrick.com/Website/Weld/setSq l.asp?cmd=QUERY&DET=PP&pin=13O9O... 04/12/2005 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1056 # of Baths: 1 Roof Type: Gable # of Bdrms: 1 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 4 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: 576 Basement: Total SQ Ft: 864 Finished SQ Ft: Account#: R0095787 Parcel#: 130909000012 Owners Name&Address: Property Address: WHITE BEAR MANAGEMENT LLC Street: 14095 22 CR P O BOX 1183 City: WELD BRIGHTON,CO 80601 Buildi g# Property Type 4 Out Building Individual Built As Detail Built As: Shed - Equipment Year Built: 2001 Exterior: HVAC: Radiant Interior Finish: Built As SQ Ft: 2920 # of Baths: 0 Roof Type: Gable # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13090... 04/12/2005 it, \ , cm ° a © \\ 6$ %» r4d -© : \ (m I1 0O j# % ? \ H \(\ \k P. \ \/ , \ -J � � / t L < \ 2 � / � ^ .57 r de0 z C fl ' ! 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Y._� L..:[: s: f,a i N c i } A s k a rs DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division 918 10'" Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 • Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ��^^ ❑ ZONING CODE COMPLAINT O Staff/Name: ❑ Citizen )( Other. 1 _i l Ve\( k ❑ 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: ''I'1\ "\ —erTh Pending Case#(i.e.USR,RE, SE, ect...): nn Legal Description: R RE-C3Zs') CIA)-1 oP ITaL Parcel #: 1v\cc-O'CD-D\ Violation Address: \t\C kt , M Property Owners Name: yOk ( C\r\ f VONA- Phone: /''yam•'�� 1 Property Owners Address: P" F �� 1 \�o ) �n� (�n crCf1.cD1 Tenant's Name: Phone: Tenant's Address: i NATURE OF COMPLAINT: LOCOS z CS . �1 'Y> Cix\-\ w fn \ vQ1mo r' ' paanr• - Additional Notes: �/C WARRANTY DEED THIS DEED,dated September 25, 2000 beswemr Debra Herman of the "county of Weld ,and State or Colorado gnmor(.$)and White Bear Management, LLC, A Colorado Limited Liability Company whose legal address n 14095 Weld County Road #22 Fort Lupton, CO. 60621 of the County of Weld and Mate of Colorado ,grentee(s): \t IT'NESSEfH.that the grantor(.).liar and in consideration of the sum of ($210,000,00 Two hundred ten thousand dollars and no cents the receipt and sufficiency of which is hereby acknowledged,ha Awned,hwgained,sold and conveyed,and by them presents do grant,bargain,sell, convey and confirm,unto the gmetee(s), heirs and assigns Forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld Stale of Colorado daserlhed as fnllowr. LOT A OF RECORDED EXEMPTION NO. 1309-9-3-RE 828, RECORDED JANUARY 29, 1986 IN BOOK 1101 AS RECEPTION NO. 2041011, BEING A PART OF THE FOLLOWING DESCRIBED TRACT OF LAND: THAT PART OF THE S1/2 OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH P.M., DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 9; THENCE NOO' 15' 14" E ALONG THE WEST LINE OF SAID S1/2 A DISTANCE OF 30.00 FEET (Continued) also known by street and number as: 14095 Weld County Road 22 assessor's schedule or parcel number: Fort Lupton, CO 80621 TOGETHER with all and singular the hereditamenta and appurtenances thereto 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 gramarls),either in law or equity,of in and to the above bargained premises,with the hereditamenta and appurtenances; TO HAVE AND TO HOLD the.said premises above bargained end desaibed,with the appunenances,unto the grantees,his bein and assigns Unever. 'Ile getter,for himself:his heirs and personal representatives,does covenant,grant,bargain,and agree to with the grantee,his heirs and assigns, that at the time oldie snaealing and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance.in law.in lee simple,and has gaud right full power and lawful authority to grant,bargain,sell end convey the same in manlier and 'Urns aforesaid. and that fie same are tree and clear from all former and other grants, bargains, sales, liens,taxes,assessments, uuumhrances.and restrictions of whatever kind or nature soever,except taxes for the current year and subsequent years, and except easements, restrictions, reservations, right of way and covenants of record, if any. the maser shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heir.and swipe,against all and every person or persons lawfully claiming the whole er any part thereof The'ingots:number shall include the plural W.singular.and the use of any gender shall be applicable to all genders. IN 'IMES')WI IEREOf. rise grantor has executed this deed on the date set forth above. eb ra Her—mar STATE OF COLORADO County of Adams } ,s 1111111111111111111 1111111111111111101 III IIIII(III 1111 2797714 10/0312000 02:05P JA Suld Tsukamoto 1 of 2 R 10.00 D 21.00 Weld County CO the Ioregoing i,sswment w:u acknowledged before me this 25th day of Sept ember 2000 its Debra Herman Witness my hand and official seal ommiasion expire sectober 23, 2001 • ��R If not in Denver.mean"City and ••• SUZAN HODGSO�� g •��• NOTARY PUBLIC Ts- 7827 STATE OF COLORADO . _ _•__._--s-_-on -...--- \xme and Address PersonPerson of Creating Newly Created Legal Description(3RJ3-ID63.QR,SJ TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N00° 15' 14' E ALONG SAID WEST LINE A DISTANCE OF 2609.49 FEET TO THE NORTHWEST CORNER OF SAID 51/2; THENCE N89° 59' 39" E ALONG THE NORTH LINE OF SAID S1/2 A DISTANCE OF 2671.62 FEET; THENCE S22° 35' 53" E A DISTANCE OF 880.55 FEET; VHEN4R 541° 36' 35" E A DISTANCE OF 324.95 FEET; THENCE S44° 42' 17" E A DISTANCE OF 336.35 FEET; THENCE S050 09' 16" W A DISTANCE OF 165.20 FEET; THENCE 523° 50' 32" W A DISTANCE OF 261.45 FEET; THENCE 506° 31' 47" E A DISTANCE OF 371.03 FEET; THENCE 513° 16' 48" W A DISTANCE OF 557.39 FEET TO A POINT 30.00 FEET NORTH OF THE SOUTH LINE OF SAID S1/2; THENCE S90° 00' 00"W PARALLEL WITH SAID SOUTH LINE ALONG THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 22 A DISTANCE OF 3267.58 FEET TO THE TRUE POINT OF BEGINNING, :'PUNTY CF WELD, STATE OF COLORADO. 111111111111111111 IIII MIME 111111 III 1111111111111 2797714 10/03/2000 02:0SP JA Said Teukamoto 2 of 2 R 10.00 0 21.00 Weld County CO In---- 1 9, ., .,. 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