HomeMy WebLinkAbout20050126.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST EDYTHE LYON, VICKI HAITHCOAT, AND STEVE AND LYNNIE
MULLINS 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, Edythe Lyon,Vicki Haithcoat, and Steve and Lynnie Mullins, VI#0300318, 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 11th day of January, 2005, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Lynnie Mullins, mobile home 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 April 11, 2005, to allow adequate time for the mobile home owners to complete
the foundation on the new situs and remove the mobile home from the property in violation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that VI #0300318 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Edythe Lyon, Vicki Haithcoat, and Steve and Lynnie Mullins 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 April 11, 2005,
to allow adequate time for the property owners to bring the subject property into compliance.
2005-0126
PL0824
�, r�1v� , OA- E7/- A%ac
VIOLATIONS -VI #0300318 - EDYTHE LYON, VICKI HAITHCOAT, AND STEVE AND LYNNIE
MULLINS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of January, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
EL4 `L11��, WELD COUNTY, COLORADO
'iso ( �t � . William H. Je e, Chair
3 fir',• �;erk to the Board
♦� ® ��'
M. J. eile, Pro-Tem
uty Clerk • the :oard EXCUSED
vid E. Long
A O AS T •
Robert D. Masden
ounty Atto y
Glenn Vaad
Date of signature: 00i/OS-
2005-0126
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Edythe Lyon &Vicki Haithcoat
Mobile Home Owner: Steve & Lynnie Mullins
Violation: VI-0300318
Address: 27455 CR 66, Gill, CO 80624
Future Situs Address: 31185 5th Street, Gill, CO 80624
Legal: Lot B of RE-2555 also known as part of the E2SW4 of Section 22, T6N, R64W of
the 6th P.M., Weld County, Colorado
Location: East of and adjacent to Hwy 37 and North of and adjacent to CR 66
North: Agricultural with minimal residences
South: Agricultural with medium to moderate residences
East: Agricultural with medium density residences
West: Agricultural with medium density residences
Parcel Number: 0801-22-0-00-082 Acreage: 64.55 +/- Acres
Certified mail date: December 17, 2003 Received: December 22, 2003
November 30, 2004 December 3, 2004
December 7, 2004 December 13, 2004
Currently the property is in violation of Chapter 23, Article III, Division 1 of Sections 23-3-20, 23-3-30 and
23-3-30.F and Chapter 23, Article IV(4), Division 3 of Section 23-4-130 of the Weld County Code.
REMEDY
To bring the property into compliance a Zoning Permit for a Mobile Home shall be completed and
submitted to the Department of Planning Services or the mobile home shall be removed.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office for immediate legal action.
CASE HISTORY
November 4, 2003 Initial complaint received.
November 4, 2003 Initial inspection completed.
November 4, 2003 Five day compliance encouragement letter issued.
November 13, 2003 Violation letter issued.
December 12, 2003 Property inspected. Property remains in violation.
December 17, 2003 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2005-0126
Ms.Haithcoat and/or Ms.Lyon and Mr.&Mrs.Mullins
Page 2,VI-0300318
January 7, 2004 Ms. Vicki Haithcoat called.
January 9, 2004 ZPMH-2394 submitted
January 13, 2004 BOCC referred back to staff
February 20, 2004 Received e-mail from Ms. Haithcoat
February 24, 2004 Property inspected. Property remains in violation.
March 1, 2004 Staff sent a letter of denial for the"Accessory to the Farm" request.
November 30, 2004 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
December 6, 2004 Building Permit application (BCN-040547) submitted to add this mobile home to
an existing house.
December 7, 2004 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
•
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
IE-mail Address: bsalzman@co.weld.co.us
111 C 918 10th St, Greeley, CO 80631
O Phone (970) 353-6100, Ext. 3555
Fax (970) 304-6498
COLORADO
December 7, 2004
Ms. Edythe Lyon & Ms. Vicki Haithcoat
27455 CR 66
Gill, CO 80624
Subject: VI-0300318, Lot B of RE-2555 also known as part of the E2SW4 of Section 22,T6N,
R64W of the 6th P.M., Weld County, Colorado
Dear Ms. Lyon and Ms. Haithcoat:
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 11,2005,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 III, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-30.F "Mobile Homes subject to the additional requirements of Article IV,
Division 3 of this Chapter."
Chapter 23, Article IV, Div 3 "Mobile Homes"
Section 23-4-130 "No MOBILE HOME may be located or relocated in the County after
August 25, 1981, except in accordance with this Division, including the issuance of any
zoning permit which may be required by this Section. Each MOBILE HOME located or
relocated in the County after said date must have a BUILDING permit for a MOBILE
HOME issued pursuant to Chapter 29 of this Code. An application for any zoning or
building permit for a MOBILE HOME required by this Division shall include the following:"
To bring the property into compliance:
My records indicate that a building permit application has been submitted(BCN-040547)
to the Department of Building Inspections. While I understand that this permit is not
directly related to your property, it does relate to the mobile home. As I indicated during
our phone conversation, should the mobile home be removed from your property prior to
the Violation Hearing, this case will be closed.
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 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.
Ms.Lyon and/or Ms.Haithcoat •
Page 2, VI-0300318
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,
n
Bethany Salzman
Zoning Compliance Officer
pc: VI-0300318
MHZP-160 r
Wendi Inloes, Planning Technician a S'
Department of Planning Services a a s i ≥ z e >
Bruce Barker, County Attorney CO❑ r❑❑ 2 0 a
0
Orb n, 8 N
W
U.S. Postal Service,.
o = 2cc
Ill CERTIFIED MAILTM RECEIPT E m E 0 "
O 0 m ,„ c" O4.
k.n
m (Domestic Mail Only;No Insurance Coverage Provided) o \���" °c' v t ¢ C, �'
m
F r ellvery mt •rmaa n wan ur webaite at www us s c m� r 0 0 0 c.
c
w km Z W
v V4 0 c0
Er
$ m
Postage $ ; $, $ $ w a
ru
o Certified Fee a �` a o w 2 5 m 0 m
a >
O Rseme t Fee Postmark G to - m :c lm ❑❑ ' 0
(Endorsement Required) Here o ct .x m ci m k eCC
E
0 Restricted Delivery Fee - o a
0 (Erbarsement Required) H O
H H n
Total Postage S Fees $ m a)0 I- T�
x t- m
m n m •_ rV-r
o sent To > n o 0
M1 MS. EDYTHE LYON & MS,__.YICKI___HA,Z C9.AT p o$ d o12 ' a (s P-
Sweet,/1P1.No.; U W L T m
ar PO eox No. 27455 CR 66 U m o c g
City.Sfafe,ZIPt4 < w m a p
GILL CO 80624 v a m m m m 'o _
PS Form 3800.June 2002 See Reverse for Instructions G >"a.0$ n 2 -t O
ca m r0 .. m n O N a cv
to rd
w N N cca w c z E a .. a \O 30 U Or
cote 'o - a W kO J
E _. EC `mc m x EI m <
U me m_� • ODU D E '_
Ca
W no TtOL 'L" m Q H L(1 r-7 2 t 01
• EEc5mo u • I-I -I' I4 a 1 €
(SSE m.C8 QLIgN re
r ` LL
C7
n ■ ■ ■ ru a.
(1)
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
W.CO.W ELD.CO.US
VI
ER E-mail Address: bsalzman@co.weld.co.us918 0th , Greeley, CO 80631
C. Phone l(970)t353-6100, Ext. 3555
Fax (970) 304-6498
COLORADO
November 30, 2004
Ms. Edythe Lyon & Ms. Vicki Haithcoat
27455 CR 66
Gill, CO 80624
Subject: VI-0300318, Lot B of RE-2555 also known as part of the E2SW4 of Section 22,T6N,
R64W of the 6th P.M., Weld County, Colorado
Dear Ms. Lyon and Ms. Haithcoat:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on December 14, 2004,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.F "Mobile Homes subject to the additional requirements of Article IV,
Division 3 of this Chapter."
Chapter 23, Article IV, Div 3 "Mobile Homes"
Section 23-4-130 "No MOBILE HOME may be located or relocated in the County after
August 25, 1981, except in accordance with this Division, including the issuance of any
zoning permit which may be required by this Section. Each MOBILE HOME located or •
relocated in the County after said date must have a BUILDING permit for a MOBILE
HOME issued pursuant to Chapter 29 of this Code. An application for any zoning or
building permit for a MOBILE HOME required by this Division shall include the following:"
To bring the property into compliance:
My records indicate that we have previously discussed the need for either a valid Zoning
Permit application to be completed and submitted to the Department of Planning
Services or the removal of the mobile home; however, I can find no evidence of such an
application being received, yet the mobile home remains located on the property.
Therefore, this hearing has been scheduled.
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 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.
Ms.Lyon andlor Ms.Haithcoat
Page 2, VI-0300318
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,
Bethany Salzman
Zoning Compliance Officer a
I
I
pc: VI-0300318 moos
MHZP-160 a as a 9 - z m ≥ E
Wendi Inloes, Planning Technician J• ❑� ❑ 0.
o(D
Department of Planning Services si
Bruce Barker, County Attorney ,
V E ; n
m f
¢ CU
22 EEO ,
m ago N
U.S. Postal Services, \ m a w ¢ o P-
s CERTIFIED MAIL ,.., RECEIPT a ' °❑ ❑ . 03
ru � _ ? z rip
(Domestic Mail Only;No Insurance Coverage Provided) ' i` m m _ > r
D
F r 43
.elivvery int.rmati.n visit.urwe.siteat www.us.s.c.m; - C s • Om
co it t t ": ' 'rip,. r 2gJ Ra mN m Q@ _S o
ro y ` '8I z ¢ w a
Postage $ CO \V co _ 8 ❑ ❑ ¢ 0
O Certified Fee ru d K m o wa
a
o
C Postmark CC
0
(Endorsement Required) Here F .... p-49 Restricted Delivery Fee m ~ d'
9 m V Q (Endorsement Required) m m U
ra v 'n H a
Total Postage a,Fees $ E8 to IR . R.
N , M1
m o 0 O L Z
O Sent To m log .-
O MS. VICKI HAITHC0AT AND a ,0 v a 9
' 'street,rot.lVo.; M&_.__.EAXTHE._LY0P a) 2`2 E
or PU aex No. 27455 CR 66 c≥�`. .=v8 a Q
City,Stare,ZIP.4 metre .- m e 2 m tS
GILL CO 80624 ofcID E m 0 CV S.0. U
PS Form 3800.June 2002 See Reverse for Instructions m CO m r0 CO a ..7 p u
m = m o- v do .E
E$ E cm -6 m w w y a
ll2U o a `m
2 cc j ;tm a Q U O g Q r
6v. T m c - m W rrt ., m E
E E c E m o r CC
U ma ma o` a to ,. .., al`E LL
• ■ ■ ,t 2 N C.D Pi S
Fira
DEPARTMENT OF PLANNING SERVICES
I PHONE (970) 353-6100, EXT.3540
(970) 304-6498
WI cFAX
WEBS15 N. 1 co weld N us
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
March 1, 2004
Edythe Lyon /Vicki Haithcoat
27455 CR 66
Gill, CO 80524
RE: ZPMH-2394 - Zoning Permit for a mobile home to be used for a temporary accessory to the farm.
Dear Applicants:
The Department of Planning Services met on Thursday, February 26th, 2004,to discuss your request for the
existing mobile home to remain on your property by changing the use from a temporary medical hardship
to accessory to the farm. Staff concurred that at this time there is not enough justification to allow for two
homes to be placed on this parcel. Given the number of animal units and crops listed, does not justify full
time help. Should you wish to appeal this decision and go before the Board of County Commissioners,
please notify me within 10 days of receipt of this letter. Should you choose not to go forward, the mobile
home will need to be removed from the property.
Should you have any further questions, please contact me at the above address or telephone number.
Sincerely,
? ,, ��
Wendi Inloes
Planning Technician II
•
pc: Bethany Salzman, Zoning Compliance
VI-0300318
O
r6t, Weld County Department of Planning Services
ill Inspection Report
Be 1555 N. 17th Avenue
LIDO Greeley, CO 80631
ispection: a- -04
tseNo.: NT: D CZ
)wineer,Name: \ \W lit VtCX.i LL\Ln1 Fc1t Ottc iA Le.
isual inspection of the property listed above,the folio ding items were
- CLOeattng1 I,kr\t-h
) + Ur( II ---
)0 oW r , I-y‘rrn 40 e'l arrrrvt
Dl L Pt e,CO P ot, arl €`v i Pm0"-+ .
m, --flN
Bethany salzman - Re: permit Page 1
From: Bethany salzman \,t� 3V
To: "Watergirl1954@cs.com".GWIA.CENTDOMAIN
Date: 02/23/2004 9:09AM
Subject: Re: permit
Wendi Inloes is in the process of reviewing your permit. She will be in contact with you as soon as she is
able to compile all necessary information and present it to staff. Please be advised that the violation has
been placed on "hold" pending staffs determination. Thank-you.
Bethany Salzman
Zoning Compliance Officer
Weld County Department of Planning Services
(970)353-6100 Ext. 3555
bsalzman@co.weld.co.us
>>> <Watergirl1954@cs.com> 02/20/04 08:11AM >>>
Good morning Bethany
This is Vicki Haithcoat I came in with all my stuff Jan 9th for a temporary
farm permit and I was just wondering how things are going?
I had a bit of a problem with some of the neighbors not understanding what
the letter that was sent out, Some of them thought I was wanting to put on
another mobile home, hope that didn't cause me a problem
could you let me know where we are on this permit?
Thank You
Vicki
CC: WENDI Inloes
of
rietti%;
Weld County Referral
iwc
January 13, 2004
.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Edythe Lyon & Vicki Case Number ZPMH-2394 _ p
Haithcoat
Please Reply By February 13, 2004 Planner Wendi Inloes
Project Zoning Permit for an existing mobile home to be used as a Temporary Accessory
to the Farm
Legal Lot B of RE-2555; being part of the SW4 of Section 22, T6N, R64W of the 6th 1
P.M., Weld County, Colorado.
Location North of and adjacent to CR 66; approximately 1/4 mile west of CR 55
Parcel Number 0801 22 000082
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
a See attached letter.
Comments: akk7ch
•
Signature Date -CAL.\
•Agency ? cV111C�("Thc{err L
+Weld County Planning Dept. 41555 N. 17th Ave. Greeley,CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
MEMORANDUM
WI`Dc.
COLORADO
To: Wendi Inloes, Planning Technician January 14, 2004
From: Bethany Salzman, Zoning Compliance Officer
Subject: ZPMH-2394 Referral
Upon review of my case files and computer, an active Zoning Violation (VI-0300318)was found. This violation
was issued due to the lack of re-submittal of a Zoning Permit for a Mobile Home (ZPMH) application.
If this application is approved, the violation will be corrected and closed. However, if for any reason, this
application is denied, the case will be scheduled within approximately thirty(30) days of"denial" to proceed
with the Violation Hearing process.
•
cc: VI-0300318
SERVICE,TEAMWORK INTEGRITY,QUALITY
Le tAyrZONING PERMIT MOBILE HOME (ZPMH) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number nn n _ n ao n_ a n n n
(12 digit num er-gin on i aLx...D.inLfoJrma-Iio-In,ob{-amJable Pea Coogyciessssoor4s Office,or www.co.weld.cc.us).
Legal Description , Section .2A , Township-r/ North, Range 61- West
Subdivision , Lot , Block
Acres
FEE OWNER(S)OF THE PROP RTY: / '
Name: CG{iTh& Lvov /v kI 1I1 9 17Y1eed
Work Phone#%QD-39c-c 713 Home Phone#970-395-0'7/3 Email Address
Address: 9-741,`i S Gt/C-R. d (, 42
City/State/ZipCode „Mae (n . 0(o.244
TYPE OF APPLICATION -Check one (1)
❑ Temporary Use During Construction of a Residence (6 months) renewable up to 18 months
o Temporary Storage (6 months) renewable by the Board of County Commissioners
7cs Accessory to the Farm
o Accessory Use in the C (Commercial) or I (Industrial) zone district (for first mobile home)
o More than one MH as Accessory to Farm
❑ MH used as Accessory Use as an Office in the A (Agricultural) zone district.
o More than one MH as Accessory Use in C (Commercial) or I (Industrial) zone district
❑ Temporary Use during a Medical Hardship
o Principle Dwelling
TYPE OF SEWAGE DISPOSAL WATER SUPPLY
❑ Public or private company 71‘Public or private company Sigl. /V WGD
rI Septic Tank- ISDS Permit# 0 Individual (well, cistern) Permit#
Copy of permit attached: Yes 0 No 0 Copy of permit attached: Yes 0 No 0
ACCESS:
`1i Existing -Address al4L Sr 10CR 02 ❑ Proposed-Access off of
What housing is available on the property and what is its present use?finny kV S hCL"c�/CC(ll /
How many mobile homes are on the property at the present time?
I (We)hereby depose and state under penalties of perjury that all statements,proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the
signatory has to legal authority to sign for the corporation.
a �e ;A-1/4, Vim-,'/.I/ i� /AA
Sign ure: Owne or Authorized Agent Date Signature: Owner or Authorized Agent Date
-6-
\ — I _ 392 J / - -- l 1
VI18
1 Edythe Lyon
Vicki Haithcoat\-------, / 7
37
to
CL
U
r
1
I \ -I l a
CR66 I
• . 1
.• . r
�r 1 r ;Z. .1 .e.!.... ..... ..-- ..•
tt i '' .Y ��rr... 41-�— --T V,�r: _teYr• *r 4r a ill'91
.".
It .fli r'i•r.._ ti CA L 'ate -,4- _ • 'w\. 1 •to\, t
A�q. -tr r y • Y
7
t` 1 U• A 1,} ..1t� t'-u �'�� t t�,} . .....,ti
4 1 ,arb,
.31a^• „Ur.
.4:11.:['4_11 .f ! rte �; 'L�2..s"�"� .4).i:s: '--..r......,..t:
4
•
yy I A
t %-rat % El iMMENNE
! (f
---
a
ill
Sze -
MI --"taamiont - 44Mil A
• is ...- `i . ' /.. '1¢ , , f1tl �.
I 1I s
l
— __
•
Hello