HomeMy WebLinkAbout20022461.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST ALVIN AND GAIL BRAND 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, Alvin and Gail Brand, VI #0200413, 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 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, Alvin Brand, 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
owners to submit an application for a Recorded Exemption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0200413 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Alvin and Gail Brand 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 owners to submit an application for a Recorded Exemption.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the Department of Planning Services waive the ten year time-frame on the prior
Recorded Exemption.
2002-2461
r00 . Pt/ t'/D PL0824
VIOLATIONS - VI #0200413 -ALVIN AND GAIL BRAND
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
WELD COUNTY, COLORADO
i�S;, 1"AIL,
ATTEST: ll�j; r EXCUSED
Gle Vaad, Chair
Weld County Clerk t.�
ZLA
�r• David E. L ng, Pro- em
BY:
Deputy Clerk to the =� I�
M. J. Geile
APP D AS T• O : EXCUSED
illiam H. Jerk
.0 :tt. l
Robert . Masden
Date of signature: 9/3
2002-2461
PL0824
DATE: September 5, 2002
VIOLATION NUMBER: VI-0200413
NAME: Mr. & Mrs. Alvin Brand
ADDRESS: 3251 CR 21, Fort Lupton, CO 80621
ZONE DISTRICT: Agriculture
LEGAL DESCRIPTION: Lot B of RE-2505, also known as part of the S2N2SE4 of Section 15, T1 N,
R67W, of the 6'" P.M., Weld County, Colorado
TOTAL ACREAGE: 34.19 Acres
CASE SUMMARY
August 1, 2002 Initial complaint received.
August 1, 2002 Five day compliance encouragement letter issued.
August 2, 2002 Initial inspection completed.
August 14,2002 Mr. Brand came to the office for a meeting at which time he
wrof a a letter requesting to proceed with the cast; before the
Board of County Commissioners.
August 14, 2002 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
Currently, there is a violation of Chapter 23, Article 111(3), Division 1, of Sections 23-3-20, 23-3-20.A,
23-3-20.B,23-3-30,23-3-40 and 23-3-40.L of the Weld County Code. To bring the property into compliance,
the property shall abate the 2n°structure as a dwelling unit or apply fora Use by Special P view fora second
dwelling unit on 1 (one) parcel of land.
The Department of Planning also recommends that the County Attorney authorize legal action against 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.
2002-2461
Inspection information Sheet
VIOLATION: VI-0200413 STATUS: ISSUED
DESCRIPTION: Multiple Dwelling Units on property
BASE INFORMATION:
PARCEL NUMBER: 1469-15-0-00-085
LEGAL DESCRIPTION: PT S2N2SE4 15-1-67 LOT B REC EXEMPT RE-2505 (.19R) SITUS:
3251 21 CR WELD 0
OWNER: BRAND ALVIN & GAIL
OCCUPANCY:
LOCATION: 3251 CR 21 WEL
APP TYPE: VI CLASS CODE: VI-21 ZONING DIST: AGRI
INSPECTIONS:
Item: 00404 TELEPHONE CALL
08/01/2002 By: BJS Action: TEL Comments:
Received complaint regarding property. Complainant
stated that property owner was supposed to have 1
(one) dwelling unit and another structure (which use
to be a home) used only for storage -no dwelling.
Item: 00405 LETTER
08/01/2002 By: BJS Action: NO Comments: 5
day compliance encouragement letter sent.
08/14/2002 By: BJS Action: LET Comments: Mr.
Brand wrote out a letter requesting us to proceed
with the case to allow the Board to make its own
determination.
08/14/2002 By: BJS Action: HR Comments:
Violation Hearing Notification was issued ( certified
- 09/10/02 @ 10:00 a.m.)
Item: 00400 SITE INSPECTION
Item: 00406 OFFICE VISIT
08/14/2002 By: BJS Action: OFVS Comments: Mr.
Brand came to the office for an appointment. We
discussed the reason the property was determined to
be in violation. He explained his reasoning for
utilizing the previously vacated house as a dwelling
unit. I explained that only the Board could waive
that requirement. He asked if he could proceed with
this case before the Board to get it resolved. I had
him write out a letter (see file) and scheduled the
case for September 10, 2002.
printed:September 5,2002
form:inspinfo
I C DEPARTMENT OF PLANNING SERVICES Code Compliance Division
O WWW.CO.WELD.CO.US
E-mail Address: bsalzrnan@co.weld.co.us
T T • 1555 N. 17th Avenue, Greeley, CO 80631
COLORADO Phone (970) 353-6100
Fax (970) 304-6498
August 14, 2002
Mr. & Mrs. Alvin Brand
3251 CR 21
Fort Lupton, CO 80621
Subject: VI-0200413, Lot B of RE-2505, also known as part of the S2N2SE4 of Section 15, Tl N, R67W of
the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Brand:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with
the Board of County Commissioners on September 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:
Chapter 23,Article Ill, Div 1 "A(Agricultural)Zone District"
Section 23.3-20 "Uses allowed by right."
Section 23-3-20.A "One(1)SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS per LEGAL LOT."
Section 23-3-20.8 "One(1)SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS on a parcel of land
created under the provisions of Chapter 24,Article VIII of this Code."
Section 23.3.30 "Accessory uses."
Section 23-3-40 "Uses by special review."
Section 23-3-40.L "One(1)Single-family dwelling unit per Lot other than those permitted under Section 23-3-20.A
above."
DWELLING,SINGLE-FAMILY(SINGLE-FAMILY DWELLING): A DWELLING UNIT or MANUFACTURED HOME other
than a MOBILE HOME arranged,designed and intended to be occupied by not more than one(1)LIVING UNIT. The
projected view of any exterior wall of a DWELLING UNIT or MANUFACTURED HOME shall not be less than twenty
(20)feet.
DWELLING UNIT: One(1)or more interconnected rooms which are arranged,designed, used or intended for USE
as a complete independent living facility for one(1) LIVING UNIT. The term DWELLING UNIT does not include
HOTELS,MOTELS,RECREATIONAL VEHICLES or other places or accommodations when used for transient occupancy.
To bring the property into compliance the following option(s)are available:
I understand that your intention is to request the Board of County Commissioners allow the 2"^dwelling unit to be
utilized by the current tenant as a principle dwelling unit. If the Board does not approve your request, the 2n°
dwelling unit shall be vacated as a dwelling unit or a Use by Special Review permit shall he obtained.
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.
rvlr. O(.rubs. oratlu
Page 2
Please also be advised that I will be taking video 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,
" ..Accizsgwori,
1
Bethany Salzman
Zoning Compliance Officer
cjic; o e
pc: VI-0200413 d g N
Department of Planning Services a 0 <.-9> z
Bruce Barker, County Attorney n ng , D D D
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mWI 11 es 1555il Address nu , Gre�gco CO 806311555 N. 17th Avenue, Greeley, CO 80631Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
August 1, 2002
Mr. & Mrs. Alvin Brand
3251 CR 21
Fort Lupton, CO 80621
Subject: VI-0200413, Lot B of RE-2505, also known as part of the S2N2SE4 of Section 15, T1 N, R67W of
the 6'h P.M., Weld County, Colorado
Dear Mr. & Mrs. Brand:
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. The potential noncompliance with the Weld County Code is the
utilization of multiple dwelling units on your property. In a letter(which is attached) dated May 21, 1999 you
stated the following:
"Because of the large expense we would incur in having to demolish the old house with its asbestos
siding,we would like to leave it standing as a storage area. We would gladly remove anything from
it to make sure that it would not be used as a residence."
However, it is our belief that the house is once again being utilized as a dwelling unit.
Please contact me within five working days of the date of this letter to review these concerns with me. Failure
to show progress or to close the violation, will result in a thirty-day violation notice being 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.
S. cerely,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0200413
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
St.
May 21, 1999
Mr. Eric Jerman
Weld County Planning & Inspection Departments
1555 North 17th Avenue
Greeley, Colorado 80631
Dear Eric:
Per our meeting and conversation on May 6, 1999, I am sending you a letter with
an explanation of what we would like to do with our existing property.
We would like to place a new home on our existing property at 3251 Weld
County Road 21, separating the home my parents are residing into a five (5) acre parcel.
We would like to place a new home on the existing thirty-five (35) acres to
replace our current dwelling. The current dwelling was built in or about 1907 and has
about 850 sq. feet of living space. The house is very small and there would be many
problems in expanding it. We would like to place the new home behind the existing lA
home, currently where we have a corral and barn. Because of the large expense we
would incur in having to demolish the old house with its asbestos siding, we would like to
leave it standing as a storage area. We would gladly remove anything from it to make
sure that it would not be used as a residence. No land would be removed from
agriculture production, and we would continue to share the same water well that we
currently use with my parents.
If we can be of further assistance in clarifying any matter in this letter or our
application, please call at 303/420-4700 (Alvin's office number).
We anxiously await your decision.
U3 O
Sincerely, ®3 M 3 ^✓3 11
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Alvin R. Brand,Jr. }de4 3u►uueld /(}unoo PPM
Gail A. Brand
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DEPARTMENT OF PLANNING SERVICES
Nu
dge Code Compliance Division t cc:CICCIL`� 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
COTL l�OR /� DO Fax: (970) 304-6498
DO
and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
❑ ZONING CODE COMPLAINT ❑ Staff/Name: y Citizen 0 Other:_
❑ HEALTH DEPARTMENT Citizen's Name(If known): Pi"c(\I� V\ 'U N
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): v
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST& WEEDS
{y� MCCAQ\o Date Complaint was received: O'I'bA
Pending Case#(i.e.USR, RE, SE, ect...): ct-W E1
.7Ik Ru li.3
Legal Description: t* ��'ki - j') 55 t4 t s t Parcel#: W (A{( •\5OO{(t•OO5
Violation Address: 6&'3\ (.2.' Z,\
Property Owners Name: tN(\(j A\\/ln& C iat \ Phone:
Property Owners Address: et r n t (Ot t
Tenant's Name: '" Phone:
Tenant's Address:
NATURE OF COMPLAINT:
Complaint Referred To: Date:
Complaint Referred To:
Additional Notes: 54 . iq
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•IiPr. I.• 846 OCT Z 1918 / ''��� /) MARY ANN FEUERSTEIN Lb-..
f ) Filed Ion word the.ryry((��dppy or A.A.D.IP et. o'clock/ I. .Jf ^/,1 �..�� ,f /RECORDER (L1F� L. I,I
Y L I Reception No 1.768434 ayLt.�i�.(�Jl!{./.l i.-r.(.((.f(.f.C.(.�[ DEPUTY, Cl 511{f`I 1
tar u In f 41.0-:
Prig Bert, �sfSi
w v Mode this 25th day of September in the prnr of our Lord ki. '_
+ Sit
v r"l ' one thousand nine hundred and seventy-eight between Mc DONALD H. BRAND AND ROY ENTER P Pty
),r- - j whose street address 1a3037 Weld County Road 019 ,City or Town of Fort Lupton .end Ilb
•-' -*Ili(
Iat,.
c, of Ole County of Weld end stair of Cninrnd y of the fins part,and *Vest..
t
0' •' _ ALVIN R. BRAND, JR. AND GAIL A. BRAND re'�I'
N - whose street address is 3251 Weld County Road 21 •City or Town of Fort Lupton ,and tit
t r of the County of Weld and Slate of Colorado,of the nd p-art o i 41,dSic� 0 �t'h
Wltneaseth,That the said part ies of the first part,for and in consideration of the suns of SIXTY-FIVE THOUSAND f� ,e, I,
_ AND NO/100-- DOLLARS, 0 Al �r;4J
to the said part ies of the first part in hand paid by the said parties of the second part,the receipt whereof in hereby con- '.tp
p teased and acknowledged,ha ye granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell,
convey and confirm,unto the said parties of the second part,not in tenancy in common but in joint tenancy,the survival of 4 It Ift(i '
N them,their assigns and the heirs and assigns of such survivor forever,all the following described lot or parcel of la n it h e{.ffAY
situate,lying and being in the County of Weld nod State of Colorado,to-twit: rt i}ft
e-1 era
The S= of the Nil of the SEk of Section 15, in Township 1 North, of Range 67 , AFi4.i
West.of the 6th P.M. o
Together with well, pump and motor situated on said property. • r�t OM
Stele Documentary Fee r ri
Date_
OCT 2 1918_ I ^�r4
. - L: P:w,.,4 t� }
Also known and numbered as 3251 Weld County Road 021, Ft. Lupton, Colorado r ��)
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Together pith all and singu r the herand an appurtenances house'thereunto belongthereof; or in earn to t nppartaming, q
and the reversion and reversions,remainder and remainders,rents,Nunes and profits thereof;and all the estate right,title, ., L,
interest,claim and demand whatsoever of the said part ies of the first part,either in law or equity,of,In and to the above if liyf,
bargained premises,with the hereditament,and appurtenances. ,l yFlr
To Have and to Hold the said premises above bargained and described,with the appurtenances,unto the said parties ofS; rr
the second port,the survivor of them,their assigns and the heirs and assigns of such survivor forever. And Nicosia part ies h k
of the first part,for them eel ves, their heirs,executors,and administrators,do covenant,grant, 333111"' i >('
bargain and agreeto and with tie said parties of the second part.tl r snrvnor of them,their assigns and the heirs and assigns - P isl+ll
of such survivor,that at the time of the rneenling and delivery of these presents, they are moll seized of the premises rp '
• above conveyed,as of good sure,perfect absolute end indefeasible •st to of inheritance,in law in fee simple,and t h,lay
good right full power and Ianful authority to grant,bargen,sell and et,rey the eune in mintierand form.aforesaid,and that 4d It?,l:p..
the eame are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments and incumbrxnces of ajar Sj -
I whatever kind or nature'Dever,Except taxes for 1978 due and payable in 1979, and except 5
reservations, restrictions and rights of way of record. tt it
rid the above bargained premises in the quiet and peaceable preermion of the said parties of the second part,the survivor of •ti`
them,their assigns and the heirs and assigns of such survivor,against all and every person or persons lawfully claiming or i? t,l-"
to'claim the whole or any part thereof, the said part ies of the first part shall and will WARRAN'T AND FOREVER r r_
DEFEND. 'd�h
In Witness Whereof, The said part ies of the first part ha ye hereunto set their hands end 0...,-A-4,,-,I ,.;
seals the day and year first above written. /� y / /7 I f rrl.
Signed,Sealed and Delivered in the Presence of / ;4 ( i _/r /Y /e( - _ /4 1
( -_lit /�Ji`'s s' r. (SEAL) ] e
McDold N. B rid
(SEAL)
r.
(SEAL)
Roar er
F STATt OP COLORADO r
y s.
� { �'•, OounW of .Adams � The foregoing instrument was acknowledged
v ° before ma this ere9Gt• day of et2er 19._!
D,r. : \,o•rARy
II a ��- A t by .McDonald...H....Brand_and._Roy..Enter .. .. .
fl tp. 0 fie PUB L\G Cs I Witness my hand and officialAseal. / n .
T". \n;c My commission expires t.e Kit it.lgyir
CR COt'0 - ` ... r
/ .:........ Notary Public. .
'330-P-R[VVen e•Ye WARRANTY DEED TO JOINT TENANTS—The C a:blanket Bhp\Boa 1 UsSaC.,Peer's.Cole. I®
Moak Addreomr_.A.1X1.R_B b.Gail.As_Braad 3251.Weld Co.Rd,__/121 Ft.Lupton, CO£0621
al I Future Tim Mks, Name mamas Addra a
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WELD COUNTY SCHOOL DISTRICT RE-8
Fort Lupton Public Schools
301 Reynolds Street
303-857-3219 Fax Fort Lupton, CO 80621 303-857-3200
August 27, 2002
Weld County Department of Planning
1555 N. 17th Avenue
Greeley, CO 80631
Dear Sir/Madam:
There exists something of a housing problem in Weld County School District Re-8 and
probably in other school districts throughout the State. Many of our educators and
especially our newly hired teachers are unable to find affordable housing in the district
that they are employed. Most of these people would prefer to live in the school district in
which they are employed in order to be a viable part of that community. The inability to
find affordable housing in those communities force these school district employees to
find residences in areas that require long commutes to work each day.
A group that is hit especially hard is new teachers. Many of them are saddled with the
debt of four years of college, entering into vital professions that do not pay as much as
other entry level jobs for college graduates. These debts range easily from $30,000 to
$40,000 and repayments may easily be as much as $600. per month. Combine this debt
with the cost of housing and other monthly expenses and it becomes very difficult for our
young teachers to make ends meet.
Reasonably priced housing would probably aid in the retention of our faculty. Finding
qualified teachers in many areas of education is becoming increasingly difficult for our
school. Any affordable housing within our district would be appreciated by our school
system.
Sincerely,
Steve Morrison
Superintendent 1,P-se''
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Mfr.,
A COMMUNITY WHICH BELIEVES EDUCATION IS A SHARED RESPONSIBILITY
Michael P. Stelling
2600 W. 103`d Ave. #1017
Federal Heights, CO 80260
(303)857-7210
WELD COUNTY
Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 50631
To Whom It May Concern:
The purpose of this letter is to discuss the difficulties that I had in finding sufficient and
affordable housing in the Fort Lupton area. As a new counselor to Weld County School
District my base salary would not allow me rent a sufficient place of residence in the Fort
Lupton area. I looked for housing in Fort Lupton for two days and was unable to find
what I consider sufficient for under $700. As a result, I find myself commuting 30
minutes from Federal Heights to Fort Lupton. The amount that I pay in rent is
approximately $200 cheaper than I was able to find for a similar residence in Weld
County. If you have any questions regarding my situation, I encourage you to contact
me.
Sincerely,
fiii,e0
Michael P. Stelling
4 j}EEX�HIBIT
September 5, 2002
To Whom It May Concern:
We wish to advise you that we lived in the Brand's older, farmhouse from August, 2000 until
May, 2001.
We had contracted for a new home to be built in Broomfield, and believed the home would be
ready for occupancy in about 6 months. So, in August we put our home in Brighton up for sale
BY OWNER, hoping to save the cost of a realtor and knowing that it might take some time to
sell, and giving us a chance to use a realtor if necessary. To our extreme surprise, our home
sold in ten days. To make the shock harder, we were not able to find a rental home or
apartment to live in. We looked in Brighton because we worked there and since we needed to
move twice, we hoped to find some place to live close by. We contacted our friends and
acquaintances, especially those who had or knew of someone that owned rental property. We
had no luck. We searched for places in the paper and in surrounding areas. It looked like we
would be forced to move much further away, and pay a premium price, and we were very
worried about finding a location without needing to sign an extended lease and also a place
which allowed our dog.
We were in a real bind, especially since there was no rental property to be found within reason,
and we had to move out of our home very soon.
That is when we asked Dick and Gail Brand if we could please live in their small farmhouse,
which they had just recently moved out of. It was only because of their helping and generous
nature that we were lucky enough to have a place to live in while we waited for our homes
completion. Of course, there were building delays, so we were late moving out, but we felt
very grateful that we had a home to stay in, and not a hotel at that point.
The home is a very adequate place to live, is already longstanding, serves a real need for
housing without taking away from any other use, sits on an established lot and adds usefulness
to the county. Please take this into careful consideration when you decide the outcome of this
home.
Sinc ely,
tCaere— ea.C-
Carol Castor
4938 Pasadena Way
Broomfield, Colorado 80020
303-439-94723 EXHIBIT
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