HomeMy WebLinkAbout20060448.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING WELD COUNTY CODE
VIOLATION CASE VI #0500240 AGAINST MANUEL AND MARY OLIVAS 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, Manuel and Mary Olivas, VI #0500240, 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 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, Manuel and Mary Olivas, property owners, were present at said hearing, and
WHEREAS, the Board deems it advisable to refer the case back to the Department of
Planning Services to allow the property owners time to submit the Building Permit, pay all the fees,
and have all inspections completed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that VI#0500240 be, and hereby is, referred back to the Department of Planning
Services to allow the property owners time to work with staff and submit the Building Permit, pay
all the fees, and have all inspections completed to bring the subject property into compliance.
2006-0448
('(/ ; AL //lee PL0824
0 3 7 —vim
VIOLATIONS -VI #0500240 - MANUEL AND MARY OLIVAS
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.
� �OARD OF COUNTY COMMISSIONERS
E
�� ► _ a �, LD COU , COLORADO
� `
ATTEST: �G�N , , ll : tide — ,/CGi
. eile, Chair
Weld County Clerk to the Bo`r
i
/ CUSED
itt i )/ait �i Iavid E. Long, Pro-Tem
BY:
De ,aty Cle to the Board ".' .1 al-C X
bn
. Jerke
AP ED AS TO •
A0
Robe D. Ma den
punt tto ey
Glenn V
Date of signature: 31131'
2006-0448
PL0824
Weld County Violation Summary
Building Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Manuel and Mary Olivas
Violation: VI-0500240 Building Permit Numbers: BCS-050394 and BCS-050395
Address: 7891 Hart Street, Fort Lupton, CO 80621
Legal: Lot 1, Block 10, Aristocrat Ranchettes, Weld County, Colorado
Location: Between County Roads 16 and 18, East of County Road 31
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Agricultural property
Parcel Number: 1309-27-1-06-006 Acres: .99
Certified mail date: January 18, 2006 Received: February 1, 2006
Currently the property is in violation of:
Chapter 23, Article III, Division 1, Section 23-3-30
Chapter 29, Article III, Sections 29-3-10 and 29-3-130
REMEDY
To bring the property into compliance, all necessary information shall be submitted to complete the building
permit application process, permits issued, fees paid, and all inspections shall be completed
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for
immediate action as all required information has not been submitted so the permit process can be completed
and the buildings exist on the property.
CASE HISTORY
June 7, 2005 Received complaint of building without permits and not meeting required setbacks.
June 29, 2005 10-day letter to submit building permit applications.
July 11, 2005 Phone call from Mr. Olivas requesting permit applications.
July 28, 2005 10-day to submit building permit applications.
August 11, 2005 30-day violation letter issued.
August 18, 2005 Building permit applications submitted.
August 31, 2005 Jesus Olivas met with Lin Dodge, Building Technician. She explained the 4% rule,
required setbacks, and verification of distances.
2006-0448
Violation Summary
VI-0500240
page two
September 29, 2005 Memo from Lin Dodge to Manuel Olivas stating required setbacks and offsets and
square footage to meet 4%.
December 29, 2005 Letter to submit required information.
January 18, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of
County Commissioners.
ill, alrikar
DEPAR. .-iENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
' 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
January 18, 2006
MANUEL and MARY OLIVAS
7891 HART ST
FORT LUPTON CO 80621
Subject: VI-0500240, Lot 1, Block 10, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. and Mrs. Olives:
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. The property is
in violation of the following Section(s)of the Weld County Code:
Chapter 23,Article Ill, Division 1 "A (Agricultural) Zone District"
Section 23-3-30 "Accessory uses."
Chapter 29,Article Ill "Building Permits"
Section 29-3-10 "Building permit required."
Section 29-3-130 "Submittal documents."
To bring your property into compliance:
All required information necessary to complete the building permit application process
shall be submitted, the permit fees shall be paid, building permits issued, and all
inspections completed.
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.
y
Pegg egorjry 0
Building Compliance Officer
pc: VI-0500240
BCS-050394
BCS-050395
Roger Vigil, Building Official
Lin Dodge, Building Technician
SERVICE,TEAMWORK, INTEGRITY,QUALITY
U.S. Postal ServiceTM
2 CERTIFIED MAIL,., RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
S
F•r. inh rmati nvisit•ur we•site at www.us•s.c m,
D
Erre, p`+,
la . .,
Ll
Postage $
m
f7 Certified Fee
Postmark
Return Receipt Fee Here
(Endorsement Required)
Restreed Delivery Fee -
Er (Endorsement Required)
1J
Total Postage&Fees
O Sent To
r_ Manuel and Mary Olivas
Street,Apt.No.;
or PO Box No. 7891 Hart ST
City,State,ZIP+4
Fort Lu ton CO 80621
SENaE�: C�M'LETE THIS SECTI•N C•M'LETE THIS SECTI•N •N •ELIVE'Y
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. 0 Agent
• Print your name and address on the reverse X ,t t� _ 0 Addressee
so that we can return the card to you. BA Received by,Pr( Name) C NO of Delivery
• Attach this card to the back of the mailpiece, ' // ./jam�'i -- 3t-
or on the front If space permits. .ti. . �
D. Is delivery address different from item 1T 0 Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
MANUEL AND MARY OLIVAS
7891 HART ST
FORT LUPTON CO 80621
3. Service Type
IS Certified Mail ❑Express Mail
0 Registered 0 Retum Receipt for Merchandise
0 Insured Mall 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0.Yes
•
2. Article Number 7nnu 2890 0003 5709 4695
letum Receipt 102595-02-M-1540
DEPARTMLI4T OF PLANNING SERVICES
a Building Compliance Division
4Kit
NORTH OFFICE
918 10th Street, Greeley, CO 80631
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
December 29, 2005
MANUEL AND MARY OLIVAS
7891 HART ST
FORT LUPTON CO 80621
Subject: Permit#'s BCS-050394 and BCS-050395—Lot 1, Block 10, Aristocrat Ranchettes,
Weld County, Colorado
Dear Mr. and Mrs. Olives:
We have attempted to contact you several times regarding the above noted permits for structures on your
property at 7891 Hart Street. On August 8,2005,you submitted permit applications but it is unclear,from the
information submitted, the exact distances from the property lines. On August 31, 2005, Jesus Olives met
with Lin Dodge, Building Technician. She explained the"4% rule"and the required setbacks to him and the
fact that the distances must be verified.
Failure to provide the required information by January 16,2006,so the permit applications can be processed
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.
Should you have any questions regarding this letter, or if you need any further information, please feel free to
contact me at 970-353-6100, Ext.3568. You may also contact Roger Vigil, Building Official,at 970-353-6100,
Ext. 3540. Thank you for your cooperation in this matter.
ejp7ly,
�jf[Q�
Pegg fegory
Building Compliance
pc: BCS-050394
BCS-050395
VI-0500240
Roger Vigil, Building Official
Lin Dodge, Building Technician
SERVICE.TEAMWORK,INTEGRITY,QUALITY
f&tat MEMORANDUM
WI`Pc.
COLORADO
TO: Manuel Olivas.
DATE: September 29, 2005
SUBJECT: Permit application
The set back to the north is 20 feet.
The setback to the south is 5 feet
The setback to the east is 20 bet.
The set back to the west is 4 feet.
This is if the buildings all are the same height as shown on the application.
If you move the buildings we will need to inspect the holes and the setback before you move the building.
The total square footage of all of the detached buildings shall be no more than 1,896.
6 DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
ip
Website: www.co.weld.co.us
E-mail Address: poregorv(a)co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
C 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
BUILDING CODE VIOLATION NOTICE
August 11, 2005
Manuel and Mary Olives
7891 Hart ST
Fort Lupton CO 80621
Subject: VI-0500240, Lot 1, Block 10, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. and Mrs. Olives:
It has been determined that the property located at 7891 Hart Street is currently in violation of the following Section(s)
of the Weld County Code:
Chapter 29,Article Ill "Building permits"
Section 29-3-10 "Building permit required."
To bring your property into compliance with the Weld County Code:
Permit applications shall be submitted for the structure and addition to a second structure on your property.
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 11,2005,to correct
this 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.
TJJ���ly�
Peggy Gregory
Building Compliance Officer
pc: VI-0500240
DEPARTML..T OF PLANNING SERVICES
Building Corn pliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
I pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
C. Fax: (970)304-6498
SOUTHWEST OFFICE
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (970) 652-4210, Ext. 8730
Fax: (720)652-4211
July 28, 2005
Manuel and Mary Olives
7891 Hart ST
Fort Lupton CO 80621
Subject: Lot 1 Block 10, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. and Mrs. Olives:
I have previously contacted you regarding a structure and an addition to a second structure with no building
permits. I spoke with you on July 11,2005, and advised you that permits would need to be submitted. I then
mailed the applications to you but, to date, we have not received them. Failure to submit the appropriate
applications within 10 days from the date of this letter will result in a violation notice.
Section 29-3-10 of the Weld County Code states:
No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered,
repaired, moved, improved, removed, converted or demolished unless a separate building permit for each
building or structure has been first obtained from the Building Inspection Department.
The personnel at either office listed above will be able to assist you with the application process and I can be
reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter.
Sincerely,
621# Q 16JLP�I'
Peggy Gregory
Building Compliance
VI-0500240
SERVICE,TEAMWORK.INTEGRITY.QUALITY
DEPARTMtnIT OF PLAN NING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
' pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970)304-6498
SOUTHWEST OFFICE
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (970) 652-4210, Ext. 8730
Fax: (720)652-4211
June 29, 2005
Manuel and Mary Olivas
7891 Hart ST
Fort Lupton CO 80621
Subject: Lot 1 Block 10, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. and Mrs. Olivas:
It has come to the attention of the Department of Building Inspection that a structure was built on your
property at 7891 Hart Street and we have no record of a permit for this building. It also appears that the
building does not meet the required setbacks and offsets and may possibly be encroaching into an easement.
An addition has also been added to an existing building without a building permit.
Section 29-3-10 of the Weld County Code states:
No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered,
repaired, moved, improved, removed, converted or demolished unless a separate building permit for each
building or structure has been first obtained from the Building Inspection Department.
Please submit the appropriate applications within 10 days from the date of this letter to avoid a violation notice.
The personnel at either office listed above will be able to assist you with the application process and I can be
reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter.
Sincerely,
hte
rut
Peggy Gregory
Building Compliance
VI-0500240
SERVICE,TkAMWORK,INTEGRITY,QUALITY
----Nis),(ita
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
11
Street,
9 918 101h Greeley, CO 80631 DO
Phone: 353-6100, Ext. 3540
( " LL �� Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
tat ZONING CODE COMPLAINT ❑ Staff/Name: )(
RI Citizen ❑ Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
X BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: QV(01(c
Pending Case#(i.e.U,,S�� '\
R1 ,RE, SE, ect...): n �jf y'�
Legal Description: LVr I jc(J_ IOI Pitacts nt? lv"��'pel#:
Violation Address: 1 OCry \47w* t . , (((����
Property Owners Name: C)Ltvab, 1 `ase..Lk€ 1 'J ��_ Phone:
Property Owners Address: r COoz 1
Tenant's Name: Phone:
Tenant's Address: �C�
NATURE OF COMPLAINT: a- W..tuC. ril
- pie in EB,c cM`1 r:Nt} rC1
*'i; kr...,O V at3 ala a t4)..k2CYNttkei. Okrussi A-tm aev.4_ Cpl jl al,
OLO Corns r prop0_r4u cu.°' . €]e&r
Additional Notes: `1
D\(t°tf b4 — QC1J - o14cn-181
IIIIII IIIII IIII IIIIII11 II`li.till IIIII III IIIII IIII III
3130189 12/16/2003 03:43P Weld County,CO
1 or 1 R 6.00 0 18.79 Steve Moreno Clerk&Recorder
kfre
WARRANTY DEED
THIS DEED, Made this 12th day of December , 2003,
between Shirley Buxbaum
of the County of Weld and Stare of Colorado ,
grantor,and Manuel Olives
whose legal address is 7891 Hart Street, Fort Lupton, CO 80621
of the County of Weld and State of Colorado ,grantee:
WITNESSETH.That the grantor,for and in consideration of the sum of ONE HUNDRED EIGHTY SEVEN
THOUSAND NINE HUNDRED AND NO/100
DOLLARS,($187,900.00 ),
the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents
does grant,bargain,sell-convey and confirm unto the grantee,his heirs and assigns forever,all the teal property together with
improvements.if any,situate.lying and being in the County of Weld ,and State of Colorado,
described as follows:
Lot 1,
Block 10,
Aristocrat Ranchettes, Inc. Subdivision,
County of Weld, State of Colorado
at _I„ 4i -
alsoknown by street and number as 7891 Hart Street, Fort Lupton, CO 80621
TOGETHER with all and singular the hereditaments and appurtenances thereinto belonging.or in anywise appertaining,and
the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title-interest,
claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises, with the
bereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his
heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant bargain and
agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well
seized of the premises above conveyed,has good, sure, perfect, absolute and indefeasible estate of inheritance, in law.in
fee single,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form
as aforesaid,end that the sane are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,
encumbrances and restrictions of whatever kind or nature soccer,except for taxes for the current year,a lien but not yet due
and payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title
Documents accepted by Buyer in accordance with section Sa[Title Reviewl,of the contract dated
November 5, 2003 between the parties.
The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargainedprendses in the quiet and peaceable posses-
sion of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any pert thereof.
The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders.
IN WITNESS!/�WHEREOF,the grantor has executed this deed on the date set forth above.
Sh{rleeyiluxb �'J{G//CkGta_r_,,�sl/
STATE OF COLORADO )
)ss.
COUNTY OF ADAMS )
The foregoing instrument was acknowledged before me this 12th day of December , 2003 by
Shie.,,-__Huxbaum
i t ; June 22, 2005 yyapds arial(eR, /i� ,a
fiat' Ikaumr ..1`, Lffyl.l/lL�aria:
l`i
ft E9
an i —a-- .-Q Notary Public
N PUBLIC ,•le Brenda L. Archuleta r7
• `` - ' apNe Rosa)tam-e/+'at 61-0-9_0
Pile 0 nN105500A03 y1 t I
1111111111111"'11111110 1111111 0O1II1O1111//1111
3146781 01122fzu04 11:56A Weld County, CO
1 0l 1 R 6.00 0 0.00 Steve Moreno Clerk&Recorder
1� QUITCLAIM DEED
THE DE®.dated January , 2004 •
between a.
Manuel7Olivas
of the *county of Weld and Suite of
Colorado,grantor(s).+d
Ma.
Manueliolivas
whosekificlidaltsry Olives, as Joint Tenants
7891 Hart Street, Fort Lupton, CO 80621
of the County of Weld • and State of Colorado grantee(s),
IS WEBS,that the gnntor(s),for and hi consideration of the sum of $1 0.0 0) Ten and 00/00 pot t.A24
the receipt std sufficiency of which is hereby acknowledged.ha s remised,released,sold and QUITCLAIMED.and by these
!Mali do remise,release.sell and QUITCLAIM unto the grantee®, hells.successors and assigns forever.all
the right,title,interest,claim and demand which the grantor(s)ha in and to the real property,together with improvements.if any.
tituue,lying and being in the County of Weld and State of Colorado,
described as follows:
Lot .1 Block 10
Aristocrat Ranchettes
v.
aim known by rind lad numb"aa: 7891 Hart Street, Fort Lupton, CO 80621
asTasHA EANDT HOEDthe Fccel number' 13092710fiiPwgularthe appurtenances and privileges Meano belonging,a in anywise
TO HAVE AND IIOLDtlme mgedreTwvh i,
JsreuMo appertaining.and ill the able.right,title,interest s d claim whatsoever of the greater(+),delta in law or equity,to the only
pops use.benefit and betted of the grantee(s) hairs and assigns forever
IN WITNESS WHEREOF,the g
ra
ntor(s)ha s executed this deed an the date set faith above.
-.17x7 jAirt/
STATE OP COLORADO
County of Eller- as
The foregoing Stnmtrt was acknowledged before me this Iq 7i( day of Tp,4....)ti H2Jl ,20 OH .
by F�allula_ S ot_(v)ts Wines/BEN °ry��official/ �vW°kEh�/,f. My mmmiaunapra: tuot . tat ,
* - Air yd1/59 —MY1
d" _
vewa'or at. PUBLIC n wove ik
�wuaae
Of(,`Qtpi� Nine.s Adam rwycaaoaa Newly Ovoid r. *DaersadxlitaU.Gmss
No.p33,Rev.444. QIIrtCIAIM DUD
anead wbny4vg,1743 Waal Sr.D .CO 10202—Io3-2P2.2s00—w.srsaadaMatat as-3-2000
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