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Home My WebLink About20022465.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST LAWRENCE AND IRMA ARCHULETA 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, Lawrence and Irma Archuleta, VI #0200053, 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 10th day of September, 2002, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Lawrence Archuleta, 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 December 10, 2002, to allow adequate time for the property owner to submit an application to subdivide the property he co-owns with his father-in-law. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0200053 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Lawrence and Irma Archuleta 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 December 10, 2002, to allow adequate time for the property owner to submit an application to subdivide the property he co-owns with his father-in-law. 2002-2465 • do: PLC ///O PL0824 VIOLATIONS -VI #0200053 - LAWRENCE ARCHULETA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of September, A.D., 2002. BOARD OF COUNTY COMMISSIONERS orinim` WELD COUNTY, COLORADO ATTEST: ,I I J'a% EXCUSED G -n Vaad, Chair opus Weld County Clerk to th;Bti: 1Act :��j ,g David ��ong, Pro-Tem BY: �� i .s ( ' let-> Deputy Clerk to the Boa M. J. Geile A O D AS TO RM: EXCUSED lia H. Jerke my Attgrnj 1\\\J Robert D. Masde Date of signature: 2002-2465 PL0824 DATE: September 4, 2002 VIOLATION NUMBER: VI-0200053 NAME: Mr. and Mrs. Lawrence Archuleta ADDRESS: 20035 Southgate Ave ZONE DISTRICT: Commercial LEGAL DESCRIPTION: Commercial Lot A, Southgate Subdivision Weld County, Colorado PARCEL NUMBER: 1057-22-0-03-017 CASE SUMMARY February 22, 1999 Initial permit date. July 20, 2001 Initial inspection completed. March 15, 2002 Ten day compliance encouragement letter issued. May 3, 2002 Violation letter issued. July1,2002 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. July 8, 2002 Received back signed certified mail receipt. September 5,2002 Property inspected. Property still in violation. Letter left at property about hearing. Currently, there is a violation of Chapter 23, Article IV, Division 3, Section 23-4-220, items Al & A2, Chapter 23,Article VII, Division 3,Section 23-7-30,Section 23-7-40,Chapter 23,Article III, Division 3,Section 23-3-230, Section 23-3-250.E,Chapter 29,Article VIII(8),Sections 29-8-40 of the Weld County Code. To bring the property into compliance the property owner shall complete all required inspections needed for the manufactured home which include final approval and complete and submit a Site Plan Review and NCU. The Department of Building Inspections also recommends the}tthe County Attorney authorize legal action against any other persons occupying the properties,any persons claiPhing an interest in the properties,and any persons acting in active concert with the identified parties. 2002-2465 z . • •f . r :U. Yr l y I yip' T�\• _ i1 !� - - Y1•.`' . `y�, Sy , ..W T o ate: - - 14 er 4. I0. _ {{ i ..y. }x•� r ! - - :-2, �.C y • ...; III : . . ..,. }i ca, . . t . ,...... , ' kr _ L. !tio r .; / . .. si.).4., ..,„, • ett V 1 NE,_ g, . Ir" =.1�.• _ _ tom' r , y— .9• hig 1' :1 = Ir cu " J :'F -- Mk 11% DEPARTMENT OF Building Inspections Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: thalsey@co.weld.co.us ige 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO March 15, 2002 Mr & Mrs Lawrence Archuleta 20035 Southgate Ave. Gilcrest, CO 80623 Subject: VI-0200052,Commercial Lot A, Southgate,of Section 22,T4N, R66W of the 6th P.M.,Weld County, Colorado Dear Mr & Mrs Lawrence Archuleta: It has come to the attention of the Department of Building Inspections that the uses on your property may not be in compliance with the Weld County Code. The potential noncompliance with the Weld County Code is your building permits are expired additionally we have no record of a ZPMH application. Please contact me within ten days of the date of this letter to review these concerns with me or a thirty-day violation notice will be issued. 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, Trudy Halsey Building Compliance Officer pc: VI-0200052 Jeff Reif, Building Official Bethany Salzman, Zoning Compliance Officer Chris Gathman, Planning Technician 1 Bruce Barker, County Attorney P I 3°) SERVICE.TEAMWORK,INTEGRITY,QUALITY riots DEPARTMENT OF Building Inspection Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: thalseyQco.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 • COLORADO WELD COUNTY • BUILDING VIOLATION NOTICE May 3, 2002 Mr & Mrs Lawrence Archuleta 20035 Southgate Ave Gilcrest, CO 80623 Subject: VI-0200053 Commercial Lot A, Southgate Subdivision, Weld County, Colorado Dear Mr & Mrs Lawrence Archuleta: The uses on the above described property are being considered as a building 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: Ordinance 119 states that all permits need to be finished with in 180 days.Your paper work needed to change the zoning of your home has not been turned into our office. To bring your property into compliance with the Weld County Code: You must get finale permit inspections completed and turn in all needed paper work the planners are requesting. 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 ,May 3, 2002, to correct this building 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, Trudy Halsey Building Compliance Officer pc: VI-200053 PR-0130152 Wendi Inloes, Planning Technician Jeff Reif, Building Official Bruce Barker, County Attorney SERVICE,TEAMWORK,Ir'TEGRI I'Y,QI IAI.ITI' DEPARTMENT OF BUILDING INSPECTIONS CCode Compliance Division O WWW.CO.WELD.CO.US • E-mail Address: thalseylr�ico.weld.co.us COLORADO 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100x3540 Fax (970) 304-6498 July 1, 2002 Mr & Mrs Lawrence Archuleta 20035 Southgate Ave Gilcrest, CO 80623 Subject: VI-0200053 Commercial Lot A, Southgate Subdivision, Weld County, Colorado Dear Mr & Mrs Lawrence Archuleta: The property referenced above remains in violation of the Weld County Building Code Ordinance. I have scheduled a meeting with the Board of County Commissioners on September 10, 2002, at 10:00 a.m., to consider the violations occurring on the property. As we discussed the above mentioned property is in violation of the following Section(s) of the Weld County Code: Section 29-3-50 "Existing use or occupancy" Section 23-3-320 "Change in use." Section 29-8-40 "Expiration of permit" This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 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 from the road or adjacent properties a few days before the Violation Hearing (indicated above). 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 call me. Sincerely, Trudy Halsey Building Compliance Officer pc: VI-200053 PR-0130152 Wendi Inloes, Planning Technician Jeff Reif, Building Official Bruce Barker, County Attorney SERVICE,TEAMWORK.INTEGRITY,QUALITY **--t1PIH DEPARTMENT OF PLANNING SERVICES ' PHONE (970)353-6100, EXT.3540 FAX (970) 304-0498 WI O WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE • GREELEY, COLORADO 80631 COLORADO August 29, 2002 Enrique Blanco CIO Lawrence Archuleta P.O. Fox 517 •3ilcresi CO F0623 Dear Mr. Archuleta, This letter is in response to the request for a waiver of fees for the rezoning and resubdivision $. , of your lot to accommodate the two existing mobile homes on the property. In my previous >NJ conversations with the Blancos and yourself it was indicated that both of these mobile homes were being used as residences. It is my understanding, after discussions with the Weld County Building Compliance Officer, Trudy Halsey, that one mobile home is being utilized for storage in relation to a commercial business and that the second mobile home is being utilized as a residence. In order to rectify this situation, the following will be required: 1t 1) A mobile home zoning Permit for the 28-foot x 66-foot Schultz manufactured home shall be applied for as an accessory use to the principal use (the existing business). The application will need to justify that the mobile home is necessary for the effective and economic operation of the business, commercial or industrial activity and that the mobile home will not be used for residential purposes other than for the purpose or control of the principal use (the existing business). This mobile home zoning permit application needs to submitted no later than September 10, 2002 to address the existing building violation in regards to this mobile home. ,ate, 2) The 14 x 70 tan mobile home used for storage for the existing business shall be established as a non-conforming use. When the use of the mobile home for storage is discontinued, it will need to removed. It is no longer eligible to be used as a residence under the existing C-3 (Business Commercial) zoning. 3) A site plan review application shall be submitted to the Department of Planning Services for the existing business on the property. If this process is followed, and all applications are approved, there is no need to rezone or resubdivide this property. Submittal of the applications listed above does not guarantee that these applications will be approved. I have attached a mobile home zoning permit application and a site plan review application with this letter. The mobile home zoning permit application should be submitted no later than Tuesday, September 10, 2002 and the site plan review application should be submitted no later than Friday, September 13, 2002. Failure to submit the site plan review by this date may result in the initiation of a zoning violation for a business in the C-3 (Business Commercial) zone district. Please complete and return to the Department of Planning Services. Please do not hesitate to call if you have any questions. Sincerely, Chris Gathman Planner -AICP c0 E :.-J rn t.,>. c Lai C 'E m N N N V C m y, `o a3 a o -O U co oo M 41 U a co c ¢ o o gt---i 12 o o p J a) � U a) g I I > N-_ N ._... �� a) (u OQo o = ! HhT C \\ ��` ,, ( .CD880N m R '�j� ;` I co c c \ III w (A N 0 HIS f •r? CD J J ti- U 'L 3 ? a) o a) d c N S'c�� -r, 1 J (A ( d (!) 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' 4 In o o u i O L, V E01 V d , rt i z z rtiw •r° , 2Y� ,', �5 djP d '"r}jt " ei 2i O 3 3 ' -0 ,ca. r'''''' _ o �Iil ��`]f t In'rigs �r 44' q ,Ya $r• (} _ �,t lo kun ti b'.zs Mi .. -k T x A 4Yv 414rMlh+ e'. H ,-, �. . a s o o ya 4,�1 1 �a yak 1° � r 7` t r= CL J 1,I :0 t Nf k 1� p4•. i+�� x: # 4—_ 41,i 1 i LL .a—I �"' -_ k i ,� F �^ r � ''l�r Yak AR2Vbbb98 e . GWafrartty`Deed THIS DEED Is a conveyance of the real property described below, including any Improvements and other appurtenances (the "property")from the individual(s),corporation(s),partnership(s),or other endty(les)named below as GRANTOR to the Indlvidual(s) or entity(les)named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except for (1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay (2)any easements and rights-of- way shown of record (3)any patent reservations and exceptions (4)any outstanding mineral Interests shown of record (5)any protec- ' tive covenants and restrictions shown of record (6)any additional matters shown below under"Additional Warranty Exceptions",and (7)subject to building and zoning regulations. The Specific Terms of This Deed Are: Grantor: (Give name(s)and place(s)of residence; N the spouse of the owner-grantor Is joining In this Deed to release homestead rights,identify grantors as husband and wee.) Southgate, Inc. , a Colorado corporation 1725 Circle Drive Aberdeen, OH 45101 Grantee: (Give name(s)and address(es);statement of address,Inciudng available road or street number.Is required.) Enrique Blanco P.O. Box 517 Gilcrest, CO 80623 Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants In common unless the words"In joint tenancy"or words of the same meaning are added in the space below.) None Property Description: (Include county and slats.) Commercial Lot A, Southgate, a subdivision located in Section 22, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado 2466698 8-1521 P-494 12/07/95 04:07P PG 1 OF 1 REC DOC Weld County CO Clerk & Recorder 6.00 3.00 Properly Address: None assigned Consideration: (The statement ore dollar amount le optional,adequate consideration for this deed wit be presumed unless this conveyance Is Iden- tified as a gat. In any case this conveyance Is absolute,final end unconditional.) Thirty Thousand and no/100 Dollars ($30,000.00) Reeervatlons•Restfctions: (If the GRANTOR intends to reserve any interest in the property or to convey lees than he owns,or If the GRANTOR is restricting the GRANTEE'S right in the property,make appropriate Indication.) None Additional Warranty Exceptions: (Include deeds of trust being assumed end other matters not covered above.) None ..• ..`. ,. Executed by the Grantor on November 22, 1995 Signature for IndMdual(M., )? -•........... � ' Signature for Corporation,Partnership or Association: } � nATE, INC., 7= a fln1 a en)nrla n enrpnrat.i nn -may Name of e :Corporation,Partnership or Association 6y �r tit_, cc r! ��i W (t'0'n �v'LL' W. ALL , ,YR. ;.�.' Grams BY Grantor Mast: STATE OF COLORADO COUNTY OF ) ea. The foregoing Instrument was acknowledged before me Chia a a"q day of '17 gci Efilt ) A- ey WITNESS my hand and official seal • • )O(.f.y/. )6i6u 1.! My oommlssion expires: 0 NOIry Pubic STATE OF OHIO COUNTY OF Ka.t,byv 1 a a. •1*M The foregoing instrument was acknowledged before me OM ,;77n./day of November, 1995, \h( . 0 •'- By' JOHN W. ALLES, JR., known to me to be the President of SOUTHGATr ��+� , . a Co(nrradon enema individual Grantor(s)or If Grantor Is Corporation,Partnership or Association,then Identify signers as president or vice end eeqretary.serail: Oat'on. or assistant secretary of corporation;or as partner')of partnership;or es authorized member(s)of association.) p WITNESS �'y� a.''t -. 3"my hand and official asst. _ - / �A,<l11l Y' My commission expires: d n( a 9,/998 Notary Paale ..�� ©1961 UPDATE LEGAL FORMS ^lW0W No.201 Hello