HomeMy WebLinkAbout20050420.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST DAVID WRIGHT AND BETTY GOIN 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, David Wright and Betty Goin, VI #0300036, 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 8th day of February, 2005, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, David Wright, 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 March 8, 2005, to allow adequate time for the property owners to submit a
Medical Hardship Permit to bring the subject property into compliance and for an inspection of the
property by the Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that VI #0300036 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against David Wright and Betty Goin 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 8, 2005, to allow adequate time for the
property owners to submit a Medical Hardship Permit to bring the subject property into compliance.
2005-0420
ee: ///61.) L/i / `A PL0824
VIOLATIONS - VI #0300036 - DAVID WRIGHT AND BETTY COIN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of February, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
$Ad 4• M/lO11
William H. Jerke, Chair
t� � erk to the Board
EXCUSED
I86I ('' ! yip M. J. le, Pro-Tem
. '•k to the Board
, ef �� Da 'Poi E. Long rrII
APP' AS TO • • I VI
v Robert D. Masden
�Cou t mey EXCUSED
Glenn Vaad
Date of signature: -2--2-7
2005-0420
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Mr. David Wright and Ms. Betty Goin
Violation: VI-0300036
Address: 24300 CR 48, Kersey, CO 80644
Legal: Lot B of RE-2811 also known as part of the N2NW4 of Section 7, T4N, R64W of
the 6th P.M., Weld County, Colorado
Location: South of and adjacent to CR 48 and East of and adjacent to CR 49
North: Agriculture
South: Agriculture
East: Agriculture
West: Agriculture and PUD zoned properties with Residential uses
Parcel Number: 1053-07-0-00-048 Acreage: 64.91 +1-Acres
Certified mail date: January 12, 2005 Received: January 21, 2005
Currently the property is in violation of Chapter 23, Article III (3), Division 1 of Sections 23-3-20, 23-3-20.P,
23-3-30, 23-3-30.F and Chapter 23, Article IV(4), Division 3 of Section 23-4-130 and 23-4-140 of the Weld
County Code.
REMEDY
To bring the property into compliance the mobile home shall be removed or permitted.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for
immediate legal action.
CASE HISTORY
February 18, 2003 Initial complaint received.
February, 18, 2003 Initial inspection completed.
March 5, 2003 Five day compliance encouragement letter issued.
April 8, 2003 Violation letter issued.
June 26, 2003 Property inspected. Property remains in violation.
July 10, 2003 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners on August 12, 2003.
August 11, 2003 Received application for ZPMH-2386.
August 12, 2003 Violation Hearing—The Board referred back to Planning Department due to
receipt of ZPMH-2386.
2005-0420
Mr.David Wright and Ms.Betty Goin
VI-0300036
November 14, 2003 Staff denied request for ZPMH-2386.
January 10, 2005 Property inspected. Property remains in violation.
January 12, 2005 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
a
DEPARTMENT OF PLANNING SERVICES
f Code Compliance Division
WWW.CO.WELD.CO.US
W.CO.W ELD.CO.US
E-mail Address: bsalzman@co.weld.co.us 7ssi918 10`h Street, Greeley, CO 80631
C Phone (970) 353-6100, Ext. 3555
"ligO Fax (970) 304-6498
•
COLORADO
January 12, 2005
Mr. David Wright and Ms. Betty Goin
24300 CR 48
Kersey, CO 80644
Subject: VI-0300036, Lot B of RE-2811 also known as part of the N2NW4 of Section 7, T4N,
R64W of the 6th P.M., Weld County, Colorado
Dear Mr. Wright and Ms. Goin:
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 8,2005,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 23-3-20.P "Mobile Home subject to the additional requirements of Article IV,
Division 3 of this Chapter."
Section 23-3-30 "Accessory uses."
Section 23-3-30.F "MOBILE HOME subject to the additional requirements of Article IV,
Division 3 of this Chapter."
Chapter 23, Article IV, Div 3 "Mobile Homes and Manufactured Structures"
Section 23-4-130 "Permit requirements."
Section 23-4-140 "Mobile homes permitted in the A Zone District."
To bring the property into compliance:
During an inspection conducted on January 10, 2005, it was noted that the mobile home
which was denied through ZPMH-2386 was still located on the property. The mobile
home shall be removed from the property or you might be eligible for a Recorded
Exemption to split the property. For questions, I would suggest that you speak to one of
our "On-Call" Planners. We have to locations open to the public. Our main office is
located at 918 10th Street, Greeley, Colorado. Where, we have an "on-calf" 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 12:3O-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.Wright and Ms.Goin
Page 2,VI-0300036
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.
ncerely,
•
Bethany Salzma
Zoning Compliance Officer
pc: VI-0300036
ZPM H-2386
Wendi Inloes, Planning Coordinator
Department of Planning Services
Bruce Barker, County Attorney P yq
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' W Weld County Department of
r"'111 h Planning Services
WILDC Inspection Report
COLORADO 918 10`° St
Greeley, CO 80631
Date of Inspection: I — ( C _ C,
Pemrit/CaseNo.: V ( -D ,t)(H '>L'
Property Owner Name: % , 1),4..1 `=Ht.- L:16 i t l R,t *LC
Address: Zit 3()( CIL Lk '
Upon a(visual)(on-site)inspection of the property listed above,the following iter
were noted:
)Y16bi..fl 1 /IC-Lin.) b jj P J rqi la/i n P Ld 4-
Inspection by: J Contact Name: 1=>P i S ! \t LI -I,.k.7 \V 'T -I
Contact Phone Number: 970-353-6100,Ext.3555
Co s ection aIt
iled
Pictures taken during inspection: O Yes No
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
C WEBS155 N. 1 www.co.weld.co.us
304-Wlip 498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
November 14, 2003
Betty Wright-Goin -- -
24300 CR 48 --
Kersey, CO 80644
RE: ZPMH-2386 - Zoning Permit for a Mobile Home for a Temporary Accessory to Farm.
Dear Ms. Wright-Goin:
The Department of Planning staff met on Friday, November 14th, to discuss your request for the above
referenced, and has denied your request. Do to the minimal animal units and the only crops are alfalfa and
grass, an additional home placed on the property for these purposes is not justified. Although we
understand your nephew is a caretaker for your property,there does not appear to be a need for year round
full time help. You do have the option of going before the Board of County Commissioners,who would make
the final decision. Please contact me as soon as possible with your decision so a hearing may be
scheduled. Should you wish not to pursue this option, 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,
j,
Wendi lnloes
Planning Technician II
riert,
6
Weld County Referral
October 1 , 2003 -
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Betty Wright-Gain Case Number ZPMH-2386
Please Reply By October 30, 2003 Planner Wendi Inloes
Project Zoning Permit for Mobile Home used as a Temporary Accessory to the Farm
Legal N2 NW4 Section 7, T4N, R64W of the 6th P.M., Weld County,Colorado.
Location South of and adjacent to CR 48; east of CR 49
Parcel Number 1053 07 000048
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.
See attached letter.
Comments: Na ,1Z alCk7f htd,
•
Signature a,Y,ein Date r
Agency Z�Yti1,w1
+Weld County Planning Dept. ❖1555 N. 17th Ave._Greeley, CO. 80631 •(970)353-6100 ext.3540 •(970)304-6498 fax
atr(Heks,
MEMORANDUM
COLORADO
To: Wendi Inloes, Planning Technician October 7, 2003
From: Bethany Salzman, Zoning Compliance Officer -
Subject: ZPMH-2386 Referral ` UJ
Upon review of my case files and computer,an active Zoning Violation(VI-0300036)was found. This violation
was issued due to the lack of re-submittal of a Zoning Permit for a Mobile Home(ZPMH)application. Please
be advised that this case was scheduled to be reviewed by the Board of County Commissioners through the
Violation Hearing process on August 12, 2003; however, this ZPMH-2386 was received the day prior to the
scheduled hearing.
If this application is approved, the violation will be corrected and closed. However, if for any reason, this
application is denied by the Board of County Commissioners,the case will be scheduled within approximately
thirty(30)days of"denial" to proceed with the Violation Hearing process.
cc: VI-0300036
SERVICE,TEAMWORK,INTEGRITY,QUALITY
ZONING PERMIT MOBILE HOME (ZPMH) APPLICATION
FOR PLANNING DEPARTMENT USE
RECEIPT/AMOUNT#�_/$ DATE RECEIVED:
APPLICATION RECEIVED BY
PLANNER ASSIGNED CASE#ASSIGNEDED
ASSIGNED:4- ,
Parcel Number �(^[� �� ^ '
(12 digit num�• n a3,D.intmaaon,biamab e aT�� � —'L
e eld Coun Assessors Office,or
Legal Description ......may y-y �/ P.
P .cow_____ eid_❑s�
Subdivision __ Section L, TownshipP North, Range West
— Lot s_ Block_
FEE OWNER(S) OF THE PROPERTY:
Name: / .2 , ' /I 47 r 1 T
"
Work Phone# 77n / za ≤ C „� �
� �Pli a �
Address. Home Phone#___9_ q g �t Email Address
p
City/State/Zip Code_ /f, c, ,, ,•
TYPE OF APPLICATION - Check one (1)
o 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
Accessory to the Fafm
o Accessory Use in the C (Commercial) or I (Industrial)zone district(for first mobile home)
❑ More than one MH as Accessory to Farm
❑ MH used as Accessory Use as an Office in the A(Agricultural)zone district.
❑ More than one MH as Accessory Use in C (Commercial)or I (Industrial) zone district
❑ Temporary Use during a Medical Hardship
. R-ineip
TYPE OF SEWAGE DISPOSAL
o Public or private company WATER SUPPLY
rcnf�al uftid
ASeptic Tank-ISDS Permit# {/'� '�Public or private company
/ 1l,25 r
❑ Individual cistern) Permit
Copy of permit attached: Yes o No o
Copy of permit attached: Yes ❑ No O
ACCESS:
' Existing -Address ? :'^ •
❑ Proposed-Access off of
What housing is available on the property /
and what is its present use? yi^n.; „ /F;y 0 wi-,yhIJ;vrn
How many mobile homes are on the grope r a°n l s,
property at the present time? -L. _,2 1 ./ any G
I (We)hereby depose and state under penalties of perjury � � �+�
ans submitted with
7r contained within the application are true and correct to the best of my(our)knowled e. Signatures
)f property must sign this application. If an Authoried Agent signs, a letter tof authorization ffr/om or all fee owners must
)e 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. 9 Si natures of all fee owners
O3
}anat re: of , ,,, Authorized Agent Date
Signature: Owner or Authorized Agent Date
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WELD COUNTY ROAD ACCESS INFORMATION SHEET
Road File#: Date:
RE# :
Other Case#: Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
y� I Phone: (970)356-4000,Eft.3750 Fax: (970)304-6497
1. Applicant Name 5Q / /1.0A lr!t Phone 970 57y—61g/
Address ,;2 9 TOO /tiL yD City 4-rersey Stateeo Zip '545W
2. Address or Location of Access Senn e_-
Section _ 7 Township ./ Range 6 y , Subdivision -----Block Lot ---
Weld County Road#: Yc? Side of Road ,68)1/7-A Distance from nearest intersection -:1;25,.%3. Is there an existing access(es) to the property? Yes X No # of Accesses S
4. Proposed Use:
❑ Permanent ® Residential/Agricultural O Industrial
❑ Temporary O Subdivision . O Commercial O Other
###****************######rrr}}##}#f#f}f####******f#Ar1fi##Yfi####}#}f4####ff}}###f}#####}#}##4#####}Y##********}#####1f}#####f#f
5. Site Sketch
Legend for Access Description:
AG = Agricultural
' L_
RES = Residential
Gas
O&G = Oil&Gass
D.R. = Ditch Road
= House Vac,. o
O = Shed
771/
Nfi v,
r##f}}******r}f}f1f###1r##******f###f}f
OFFICE USE ONLY:
Road ADT Date_ Accidents • Date
Drainage Requirement Culvert Size Length
Special Conditions
O Installation Authorized 0 Information Insufficient
Reviewed By: Title:
-7-
111111111111 I I I 1111111111111 I I 111111111 I I 1111111111 I I I I
3122751 11/03/2003 11:03A Weld County,CO
1 of 1 R 6.00 0 0.00 Steve Moreno Clerk 8 Recorder
751 QUIT CLAIM DEED
THIS DEED, Made this 20th day of October, 2003 between
Betty L. Wright, Rhonda S. Wright and Craig A. Herbst
of the County of Weld and State of Colorado, grantor,and
Betty L. Wright-Goin
whose legal address is 24300 County Road 48, Kersey, CO 80644
of the County of Weld and State of Colorado, grantees:
wITNESSETH, That the grantor(s) for and in consideration of the sum of TEN AND
00/100, ($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged,
have remised, released, sold and QUIT CLAIMED, and by these presents do remise,
release, sell and QUIT CLAIM unto the grantee(s), her heirs, successors and assigns
forever, all right, title, interest, claim and demand which the grantor(s) have in and
to 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 B of Recorded Exemption No. 1053-07-2-RE2811, recorded January 5, 2001 as
Reception No. 2817516, being a part of the N1/2 of the NW1/4 of Section 7, Township 4
North, Range 64 West of the 6th P.M., County of Weld, State of Colorado.
also known by street and number as 24300 Weld County Road 48, Kersey, Colorado 80644
TO NAVE AND TO HOLD the same, together with all and singular appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the
estate, right, title, interest and claim whatsoever, of the grantor(s), either in law
or equity, to the only proper use, benefit and behoof of the grantee(s), her heirs and
assigns forever.
IN WITNESS WHEREOF, The grantor(s) have executed this deed on the date set forth
above.
i .
U.ii� •
au1 e�
Craig A. Herbst Betty L. W ght
C.51)—)4e—
Rhonda S. Wright
STATE OF COLORADO,
} se. The foregoing instrument was acknowledged before
County of Weld } me this 20th day of October, 2003,
by Betty L. Wright, Rhonda S. Wright and Craig A. Herbst
Witness my hand and official seal.
My commission expires !. l.i ,(D
OtapY PO,
NOTARY PUBLIC LINDA `.
1295 Main St. BAESSLEB :
No.933. Rev. 3-85 Windsor, COLORADO 80550 Nom; ,r<,
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TNG 50600/[) OF COtOO
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