HomeMy WebLinkAbout20051703.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST BART AND CARMAN BECK 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, Bart and Carman Beck, VI #0200396, 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 June, 2005, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Bart and Carman Beck, property owners, were 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 July 14, 2005,to allow adequate time for the property owners to submit the Use
by Special Review application.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that VI #0200396 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Bart and Carman Beck 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 July 14, 2005, to allow adequate time for the property
owners to submit the Use by Special Review application.
2005-1703
PL0824
(' ; P4 , ,?4C— C7-O7--0s
VIOLATIONS -VI#0200396 - BART AND CARMAN BECK
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 14th day of June, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William H. erke, Chair
lerk to the Board
,,.!/ � �_✓ • J. Pro Tem
•
Clerk to the Board
D id E. Lon
OVE O ^-' .•
Robert D. Masden
county A orney PIL ,
Gler n Vaad
Date of signature: 6—0"e—en-
2005-1703
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Bart& Carman Beck
Violation: VI-0200396
Address: 1234 CR 34.75, Berthoud, CO 80513
Legal: Lot A of RE-2740 also known as part of the SW4NW4 of Section 8, T3N R68W of
the 6th P.M., Weld County, Colorado
Location: South of and adjacent to CR 34.75 and East of and adjacent to CR 3
North: Agricultural Zoning with medium intensity Residential uses
South: Agricultural Zoning with medium intensity Residential uses
East: Agricultural Zoning with medium intensity Residential uses
West: Agricultural Zoning with medium intensity Residential uses
Parcel Number: 1207-08-0-00-001 Acreage: 12.88 +/-Acres
Certified mail date: April 27, 2005 Received: April 28, 2005
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30,
23-3-40 and 23-3-40.H of the Weld County Code.
REMEDY
To bring the property into compliance the"pet grooming and spa"facility shall be closed or a Use by
Special Review application shall be completed and submitted to the Department of Planning Services.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office for immediate legal action.
CASE HISTORY
July 26, 2002 Initial complaint received.
July 26, 2002 Initial inspection completed by the Assessor's Office.
July 26, 2002 Five day compliance encouragement letter issued.
December 16, 2003 Property inspected. Property remains in violation.
March 17, 2005 Property inspected. Property remains in violation.
March 25, 2005 Violation letter issued.
April 27, 2005 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2005-1703
d DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
1 9 8 10TH Street
GREELEY, CO 80631
WI D Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzmanco.weld.co.us
O PHONE: (970) 353-61 00, Ext. 3555
FAX: (970) 304-6498
COLORADO SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
April 27, 2005
Mr. & Mrs. Bart Beck
1234 CR 34.75
Berthoud, CO 80513
Subject: VI-0200396, Lot A of RE-2740 also known as part of the SW4NW4 of Section 8,T3N, R68W of
the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Beck:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on June 14, 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 Ill, Div 1 "A (Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-40 "Uses by special review."
Section 23-3-40.H "Kennels, subject to the additional requirements of Section 23-4-380."
To bring the property into compliance:
In order to operate a"pet grooming and spa"facility,a Use by Special Review application is
necessary. If a complete application is received prior to June 13, 2005, the above
referenced hearing will be cancelled. For questions, I would suggest that you speak to one
of our "On-Call" Planners. We have 2 locations open to the public. Our main office is
located at 918 10th Street, Greeley, Colorado. Where, we have an "on-call" planner,
Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00 —4:00 p.m. Our
other office(the Southwest Weld Office)is located at 4209 CR 24.5, Longmont, Colorado.
At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m.—4:00
p.m.,excluding 12:30-1:30. You do not need to call to schedule an appointment, because
individuals are seen on a sign in basis. To better serve you, please bring this letter
with you.
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.
Mr.&Mrs.Beck
Page 2,VI-0200396
•
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.
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,6H-ekkrjtig)(:nr6\ArjV\- g z.k, 2 i
Zoning Compliance Officer c ° r� r z I
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pc: VI-0200396 I e� n
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Bruce Barker, County Attorney � i ;r; • ¢• c
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6H.%) DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
I Website: RWW.CO.WELD.CO.US
E-mail Address: bsaizman(a)co.weld.co.us
O PHONE: (970) 353-610O, Ext. 3555
• FAX: (97O) 304-6498
COLORADO
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-421O, Ext. 8730
FAX: (72O) 652-4211
WELD COUNTY a,
ZONING VIOLATION NOTICE • \
c
March 25, 2005
n o
Mr. & Mrs. Bart Beck ^`
1234 CR 34.75
Berthoud, CO 80513
Subject: VI-0200396, Lot A of RE-2740 also known as part of the SW4NW4 of Section 8,T3N, R68W of
the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Beck:
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 23-3-40 "Uses by special review."
Section 23-3-40.h "Kennels, subject to the additional requirements of Section 23-4-380."
To bring your property into compliance with the Weld County Code:
In reviewing some of my older open violation cases, I ran across this violation. Upon review
of my case files and computer, I have been unable to locate the necessary permits in order to
operate a"pet grooming and spa"facility. For questions, I would suggest that you speak to
one of our"On-Call" Planners. We have 2 locations open to the public. Our main office is
located at 918 10th Street, Greeley, Colorado. Where,we have an"on-call"planner, Monday
or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00 —4:00 p.m. Our other office
(the Southwest Weld Office) is located at 4209 CR 24.5, Longmont, Colorado. At our
Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m. -4:00 p.m.,
excluding 12:30-1:30. You do not need to call to schedule an appointment, because
individuals are seen on a sign in basis. To better serve you, please bring this letter with
you.
Mr.&Mrs.Beck
Page 2
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
March 25, 2005, to correct this zoning 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,
ethany Salzma
�A9IF
Zoning Compliance Officer
pc: VI-0200396
Department of Planning Services
Bruce Barker, County Attorney
O
O
'Of .41 ' Weld County Department of
Planning Services
WIIVc Inspection Report
COLORADO 918 10`° St
Greeley, CO 80631
Date of Inspection: 2'"\-1
Permit/Case No.: VE5—O T,(,0
Property Owner Name: Itt C ., A"-
Address: 0 O2-
Upon a(visual)(on-site) inspection of the property listed above,the following items
were noted:
_
k ki0V- Gb VVVVIIACj --... 6.1\11\Alin bt
Inspection by: Contact Name:---V1.6-. 34')
Contact Phone Number: 970-353-6100,Ext.3555
Copy of this inspection was: tr:mSemiPliciewadmi -
Pictures taken during inspection: 0 Yes PcNo
or— i
Weld County Department of Planning Services 1
knEh O. . -
Inspection Report
Inn1555 N. 17th Avenue
COLORADO�w Greeley, CO 80631
ta./ibl6?
Permit/CaseNo.: l
Property Owner Name:
Address:
Upon a visual inspection of the property listed above,the following items were I
noted:
I
C.
1
1
1
I
Inspectionby: t" ContactName:
Contact Phone Number: 970-353-6100 Ext. 3540
Copy of this inspection was:
s e
Pictures on file: ' Yes 0 No
DEPARTMENT OF PLANNING SERVICES
T Code Compliance Division
' Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
Ill 1555 N. 17th Avenue, Greeley, CO 80631
O Phone: (970) 353-6100, Ext. 3540
• Fax: (970) 304-6498
COLORADO
July 26, 2002
Mr. & Mrs. Bart Beck
1234 CR 34.75
Berthoud, CO 80513
Subject: VI-0200396, Lot A of RE-2740 also known as part of the SW4NW4 of Section 8,T3 N, R68W of the
6r, P.M., Weld County, Colorado
Dear Mr. & Mrs. Beck:
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
operation of a"pet grooming and spa"without the required Weld County Zoning Permits. For questions,I would
suggest that you come to the office and speak to one of our"On-Call Planners" (Monday or Wednesday, 7:30
a.m.-4:00 p.m.or Friday, 12:00 p.m.-4:00 p.m.) Additionally, please be advised that we have opened another
location to better serve the public. Our other office is located at 4209 WCR 24.5 (East of I-25 and North of
Highway 119). The Southwest office is open on Tuesdays and Thursdays, 8:00 a.m. - 4:00 p.m.. No
appointment is necessary at either location because individuals are seen in the order they sign in. Additionally,
to save time for you and the planner, please bring this letter with you to the office.
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.
Sincerely,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0200396
Department of Planning Services
Bruce Barker, County Attorney
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
O 4.0.0s1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
COLORADO• ,v \.„, Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
ZONING CODE COMPLAINT E StaffName: JX Citizen 6i Other: Pipproical
❑ HEALTH DEPARTMENT Citizen's Name(If known)_
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known)
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST& WEEDS
Date Complaint was received: 7"Zto—C1Z
Pending Case#(i.e. USR,RE, SE, ect...):
Legal Description: t..ok Z1401 S.04 10(.0kOh S$TNO Parcel#: IZC1•a. .Co•not •
Violation Address: \3, 14
Ce
Property Owners Name: Q 7,J�.J{..., —4 t (a1r(`C'BYl Phone:
Property Owners Address: RYA'-hour)t CO %r")
Tenant's Name: Phone:
Tenant's Address: •
NATURE OF COMPLAINT: Pe* C- rcnrni6-4` ' Labus (yenrc'*
Complaint Referred To: Date:
Complaint Referred To: Date:
Additional Notes: a iv€ ki '
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0901101 Parcel#: 120708000001
Tax Area: 2311 Bordering County:
Acres: 12.88
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
03 - 68 - 08 - 0 - -
Owners Name &Address: Property Address_
BECK BART A & CARMAN L Street: 1234 34.75 CR
1234 WELD CO RD 34 3/4 City: WELD
BERTHOUD, CO 80513
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
4/25/01 $0 QCN 2848636
Legal Description
PT SW4NW4 8-3-68 LOT A REC EXEMPT RE-2740 EXC THAT PT LOT A LYING IN SE4NW4 (1.21R)
SITUS: 1234 34.75 CR WELD
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Agricultural 4127 Acres 12.88
Land Subtotal: 12.88 $1,084 $310
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Out Building
2 Out Building
Improvements Subtotal: $44,819 $13,000
Total Property Value $45,903 $13,310
Building Details
Account#: R0901101 Parcel#: 120708000001
Owners Name & Address: Property Address:
http: //maps .merrick. com/Website/Weld/setSgl . asp?cmd=QUER. . . 07/26/2002
Identify Results Page 2 of 2
BECK BART A & CARMAN L Street: 1234 34.75 CR
1234 WELD CO RD 34 3/4 City: WELD
BERTHOUD, CO 80513
Building# Property Type
1 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1994
Exterior: Pole Frame Metal Siding HVAC: None
Interior Finish: Built As SQ Ft: 2000
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R0901101 Parcel#: 120708000001
Owners Name & Address: Property Address:
BECK BART A & CARMAN L Street: 1234 34.75 CR
1234 WELD CO RD 34 3/4 City: WELD
BERTHOUD, CO 80513
Building# Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1998
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 4000
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
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Identify Results Page 1 of 1
Parcel Summary
Parcel#: 120708000002
Owner: BECK BART A & CARMAN L
Address: 1234 WELD CO RD 34 3/4
City: BERTHOUD
State: CO
Zip Code:80513
Detail Information:
LAND BUILDING
Ilina
Tax Summary
Account# R0901201
Total Taxes: $1.40
Amount Due: $0.00
Mill Levy: 69.559
Tax Year: 2001
Current taxes and mill levy are year 2001 which are payable in 2002.Tax deadline for the full payment is April 30. Payment after
this date will incur interest.
Treasurer's Office
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1 11111 111 111111 111H IIUI 1111111111 01 11111 UII IIII
�63 R 5..100/2p0 38,000 Weld County CO
JImmoto
KQ WARRANTY DEED
THIS DEED, Made this 25th day of April , 2001.
between
Paul A. Linn, Jr. and Ann M. Ekx-Linn
ofthc County of Weld and State of Colorado
grantor,and Bart A. Beck and Carman L. Beck
whose legaladdresa is 11419 Vermillion Road, Longmont, Colorado 80501
of the County of Weld and State of Colorado ,grantees:
WITNESS,That the grantor,for and in consideration of the sum of THREE HUNDRED EIGHTY THOUSAND
AND NO/100
DOLLARS,($380,000.00 ),the receipt and
sufficiency of which is hereby acknowledged,has granted.bargained,sold and conveyed,and by these presents does grant,bar-
gain.sell,convey and confirm,unto the grantees,their 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:
Lot "A", Recorded Exemption No. 1207-8-3-RE2740, according to the map recorded
April 6, 2001 at Reception No. 2838531, being a part of Section 8, Township 3
North, Range 68 West of the 6th P.M.,
County of Weld, State of Colorado
also k own by street and number as 1234 Weld County Road 34 3/4, Mead, Colorado 80542
TOGETHER with all and singular the hereditament 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,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 grantees.their
heirs and assigns forever. And the grantor,for himself his heirs and personal representatives.does covenant,grant.bargain and
agree to and with the grantees,their 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 simple,and has good right,full power and lawful authority to grant,bargain,cell 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 soever, except for taxes for the current year,a lien but not yet due
and payable,easements,restrictions,reservations,covenants and rights-of-way of record,if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet end peaceable posses-
sion of the grantees,their heir 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 da set forth above.
Paul A. Linn, Jr. An kx- inn
aPHANIE J. PANETTA
NOTARY PUBLIC
STATE OF COLORADO ) STATE OF COLORADO
at.
COUNTY OF BOULDER )
s:cr Expires 4/27/2001
The foregoing instrument was acknowledged before me this 25th day of April , 2001,by
Paul A. Linn, Jr. and Ann M. Ekx-Linn
My Commission expires: 4_.)7_ aO.O 1 Witness my hand and octal seat C.H RSTAMEIRCAN t/ "otary Public
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