HomeMy WebLinkAbout20060451.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST JUSTIN DAVIS AND ANDREA BOLL 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, Justin Davis and Andrea Boll, VI #0500409, 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,Justin Davis and Andrea Boll 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 March 14, 2006, to allow adequate time for the property owners to submit a Use
by Special Review application to bring the subject property into compliance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that VI #0500409 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Justin Davis and Andrea Boll 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 owners to submit a Use by Special Review application to bring the subject property
into compliance.
2006-0451
PL0824
(to '. P, vioc� O.3--(7 �&
VIOLATIONS -VI #0500409 - JUSTIN DAVIS AND ANDREA BOLL
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.
EL4�BOARD OF CO NTY COMMISSIONERS
ELD COU COLORADO
ATTEST: galil
1 . J. Geile, Chair
Weld County Clerk to the B
EXCUSED
BY: / 61.E 7 ktet E0 .
David E. Long, Pro-Tern
D: •uty Cle k to the Boaikd,
H. Jerke
AP ED AS TO Ro ert D. a • n
Cdu ty At orney 144 OS)
Glenn V -
Date of signature: 3I 131 CtO
2006-0451
PL0824
Weld County Violation Summary
Compliance Officer, Ann Siron
BASIC INFORMATION
Property Owner: Justin Davis &Andrea Boll
Violation: VI-0500409
Address: 65898 CR 99, Grover, CO 80729-9472
Legal: Part of the SW4 of Section 32, T12N, R60W of the 6`" P.M., Weld County,
Colorado
Location: North of and adjacent to CR 134 and East of and adjacent to CR 99
North: Agricultural
South: Agricultural
East: Agricultural
West: Agricultural
Parcel Number: 0037-32-3-00-009 Acreage: 4.28 +/-Acres
Certified mail date: January 25, 2006 Received: January 27, 2006
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20,23-3-30,
23-3-30.D, 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(USR) application shall be completed and
submitted to the Department of Planning Services for the welding business that is being conducted 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 (thirty)days.
CASE HISTORY
December 7, 2005 Initial complaint received.
December 8, 2005 Five day compliance encouragement letter issued.
December 9, 2005 The property owner called and was unaware he needed permits. He would be in
to speak with a Planner.
December 12, 2005 Property owner came into office and spoke with Planner Brad Mueller. It was
determined a USR would be necessary and he was given an application.
December 15, 2005 Violation letter issued.
2006-0451
January 25, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
January 27, 2006 Property owner called and said his application would be in before violation
hearings.
a DEPARTM...,T OF PLANNING SERVICES
KitNorth 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
Fax (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
January 25, 2006
Justin Davis &Andrea Ball
35898 CR 99
Grover, CO 80729-9472
Subject: VI-0500409, Part of the SW4 of Section 32, T12N, R60W of the 6th P.M., Weld County,
Colorado
Dear Mr. Davis and Ms. Ball:
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 23-3-30.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 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 the property into compliance:
A Use by Special Review(USR)permit application shall be completed and submitted to
the Department of Planning Services. If the application is received by February 10,2006
then your case will be removed from the docket and will remain on hold pending the
approval of your application; otherwise, your case will continue as scheduled.
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 taking video and/or pictures from the rc pr 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 Service.,
• L, CERTIFIED MAIL,. RECEIPT
_
i'-- `..-F"• `� ( ,,.:" D- (Domestic Mail Only;No Insurance Coverage Provided)
Ann Siron F•r•eliverylnf•rmati nvisit ur we•siteat www.u=•s.c m®,
Zoning Compliance Officer o
LJl
pc: VI-0500409 Postage $
Department of Planning Services "
Certified Fee Bruce Barker, County Attorney O Postmark
O Return Receipt Fee -
(Endorsement nt Required) Here
u Restricted Delivery Fee
D" (Endorsement DtRegyired)
ru
N
Total Postage 8 Fees
IM Sent To
JUSTIN DAVIS & ANDREA BALL
M1 Street,Apt No.;
or PO cox Na. 35B.4$-_CR..99
City,State,ZtP+4
GROVER, CO 80729-9472
PS Form 3800,June 2002 See Reverse for Instructions
SEN■E': C•M•LETE THIS SECTI•N C•M•LETE THIS SECTION 'N •ELIVE•Y
• Complete items 1,2,and 3.Also complete A. Sig . urea
item 4 if Restricted Delivery is desired - - ❑Agent
• Print your name and address on the reverse X ,.� Addressee
so that we can return the card to you. B. eceived by(Printed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece,or on the front if space permits. w5•Hr h t-y:' r� '
D. Is delivery address different from item 1 ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
JUSTIN DAVIS & ANDREA BALL
35898 CR 99
GROVER, CO 80729-9472
y�,yrvice Type
0 CC f &Certified Mail 0 Express Mail
❑ Registered O Return Receipt for Merchandise
1/3 7 Ott ❑ Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number
(Transfer from service label) 7004 2890 0003 5709 4725
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
DEPARTMENT C. PLANNING SERVICES
North Office
Code Compliance Division
f 918 10th Street, Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
WilDe
Phone: (970) 353-6100, Ext. 3566
Fax: (970) 304-6498
Southwest Office
COLORADO 42, C 4
Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
December 15, 2005
Justin Davis &Andrea Ball
35898 CR 99
Grover, CO 80729-9472
Subject: VI-0500409, Part of the SW4 of Section 32,T12N, R6OW of the 6th P.M.,Weld County,Colorado
Dear Mr. Davis:
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 amp 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:
On December 12, 2005 you met with Planner Brad Mueller regarding a Use by Special
Review permit. You have received the USR application and it shall be completed and
submitted to the Department of Planning Services in the next 30 days. If this is not the
direction you wish to take then the business shall be vacated and any commercial activity
taking place on the property shall cease.
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
December 15, 2005, to correc is zoning violation. Failure to do so will re . 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,
� t 'F
Ann Siron
Zoning Compliance Officer
pc: VI-0500409
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
4 North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
Website: WW W.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
liD
Phone: (970) 353-6100, Ext. 3566
WI D Fax: (970)304-6498
Southwest Office
• 4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
December 8, 2005
Justin Davis & Andrea Ball
35898 CR 99
Grover, CO 80729-9472
Subject: VI-0500409, Part of the SW4 Section 32, T12N, R60W, Weld County, Colorado
Dear Mr. Davis and Ms. Ball:
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 a commercial business being conducted on the property without the proper
zoning 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,an"On-Call"Planner is available Monday thru Thursday from 12:30 p.m.-4:3O 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,7--)
Ann Siron
Zoning Compliance Officer
pc: VI-0500409
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
4nr 1 DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
C 918 1n (970) Greeley, O 80631
O Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by: \/ .`•:;�:' ,u
❑ ZONING CODE COMPLAINT ❑ Staff/Name: n ❑ Other:
❑ HEALTH DEPARTMENT Citizen's Name(If know et �idatoti
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known)' 970-007 7561
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: is• 7.OS
Pending Case#(i.e. USR,RE, SE, ect...):
'
Legal Description: O 51.0t. 302•/a•6 o Parcel#: 0037 ,3.?•3•G7.O(>9
Violation Address: (#5,9/ C'C 99 ^�( o
Property Owners Name: CGS .tJ�CL!!La/9'� &nd&G, (�,2 ee Phone: %/�70-9!0. 937?Property Owners Address: 14,12c,
Tenants Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: 1-nee teti a!/eldi19 feMe t', - r . tot ,
ln?L. Me:nri and ,O4nol Ullcd
agineici &raw &z t 'to4i 'Menet ; a 72s175afr .
Additional Notes. ..
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R7732498 Parcel#: 003732300009
Tax Area: 1204 Bordering County: _._`) f.);T.
Acres:4,28 '
Township Range SectionQuart. Sec. Subdivison Name Block# Lot#
12 - 60 - 32 - 3
Owners Name&Address: Property Address:
DAVIS JUSTIN A & Street: 65898 99 CR GROVER
65898 COUNTY RD 99 City: GROVER
GROVER, CO 80729-9472
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
5/10/2005 $142,000 WD 3286509
Legal Description
PT SW4 32-12-60 BEG SW COR OF SW4 ELY 800' N272.25' W800' 5272.25'TO POB (.72R) SITUS: 65898 99 CR GROVER
807299472
Land Valuation Summary
Land T e Abst Code Unit of Number of Assessed
yP Measure Units Actual Value Value
Residential 1112 Acres 4.28
Land Subtotal: 4.28 $11,128 $890
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
2 Out Building
3 Out Building
4 Out Building
Improvements Subtotal: $35,717 $2,840
Total Property Value $46,845 $3,730
Building Details
Account#: R7732498 Parcel#: 003732300009
Owners Name &Address: Property Address:
DAVIS JUSTIN A& Street: 65898 99 CR GROVER
65898 COUNTY RD 99 City: GROVER
GROVER, CO 80729-9472
Building# Property Type
1 Residential
http://maps.merrick.com/W ebsite/W e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=00373... 12/07/2005
Individual Built As Detail
Built As: 1 1/2 Story Fin Year Built: 1935
Exterior: Frame Hardboard HVAC: None
Interior Finish: Drywall Built As SQ Ft: 680
#of Baths: 0 Roof Type: Hip/Gable
# of Bdrms: 2 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 4 Units: 1
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R7732498 Parcel#: 003732300009
Owners Name &Address: Property Address:
DAVIS JUSTIN A & Street: 65898 99 CR GROVER
65898 COUNTY RD 99 City: GROVER
GROVER, CO 80729-9472
Buildinq# Property Type
2 Out Building
Individual Built As Detail
Built As: Quonset Year Built: 1976
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 3600
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 1
GarAge:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R7732498 Parcel#: 003732300009
Owners Name&Address: Property Address:
DAVIS JUSTIN A & Street: 65898 99 CR GROVER
65898 COUNTY RD 99 City: GROVER
GROVER, CO 80729-9472
Building#_ Property Typ
3 Out Building
Individual Built As Detail
Built As: Grain Bin Year Built: 1960
Exterior: Metal HVAC: None
Interior Finish: Built As SQ Ft: 2
# of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=003 73... 12/07/2005
Total SQ Ft: Finished SQ Ft:
Account#: R7732498 Parcel#: 003732300009
Owners Name&Address: Property Address:
DAVIS JUSTIN A& Street: 65898 99 CR GROVER
65898 COUNTY RD 99 City: GROVER
GROVER, CO 80729-9472
Building# Property Type
4 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1935
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1
# of Baths: 0 Roof Type: Gable
#of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 1
Garage;
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=00373... 12/07/2005
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1 0l 1 R8.8.00 D 14.10 Steve Morena Clerk&Retarder
WHEN RECORDED RETURN TO:
Justin A. Davis and Andrea Boll
65898 County Road 99 SDF$14.20
Grover, CO 80729
WARRANTY DEED
rty is
THIS DEED, dated Ap.a-29, 2005, between
Thomas A. Morrow and Elaine S. Riegel of the
County of Weld and State of Colorado, grantor(s),
and Justin A. Davis and Andrea Boll,
whose legal address is 65898 County Road 99, Grover, CO 80729, of the County of Weld and State of
Colorado, grantee(s):
WITNESS, that the grantor(s), for and in consideration of the sum of One Hundred Forty Two
Thousand and 00/100 Dollars ($142,000.00), 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(s), his heirs and assigns forever, not In tenancy in common,
but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in
the County of Weld and State of Colorado, described as follows:
A portion of the SW1/4 of Section 32, Township 12 North, Range 60 West of the 6th
P.M., located in Weld county, Colorado, described as follows:
Beginning at the Southwest corner of said Quarter Section;
thence Easterly along the South line of said Quarter Section 800 feet;
thence North 272.25 feet;
thence West 800 feet to the West line of said Quarter Section;
thence along said West line South 272.25 feet to the point of beginning.
also known by street and number as: 65898 County Road 99,Grover,CO 80729
TOGETHER with all and singular the hereditaments and appurtenances thereunto 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(s), either in law
or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,
unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal.
representatives, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns,
that of 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 simple, and
has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and
form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except
general taxes for the year 2005 and subsequent years, and except easements, covenants,
conditions, restrictions, reservations,and rights of way of record, if any.
The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or
persons lawfully claiming the whole or any part 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,
Elaine S. Riegel, ihdiVidually and as At rney in Fact t. " Z' l2 7
for Thomas A. Morrow /� G]Z/ JZ -
STATE OF COLORADO )
)SS
COUNTY OF WELD )
['Yr. 10
The foregoing instrument was acknowledged before me on Aprfl 29, 2005, by Elaine 5. Riegel, individually
and as Attorney in Fact for Thomas A. Morrow
Witness my hand and official seal. t\.RY..PU9
My Commission Expires:/ • LAURA t y Public
File No. LTMV0000661 ; McGUINNESS
DOC-WD Indv to Indv
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LTG
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DAVIS, JUS11N & BOLL, ANDREA
U VI-0500409
CR 134
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