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HomeMy WebLinkAbout20051388.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0400226 AGAINST ROBIN AND LAURA KINION 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, Robin and Laura Kinion, VI #0400226, 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 May, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Robin and Laura Kinion were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Robin and Laura Kinion 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. 2005-1388 PL0824 r� : 7-2L c�; c. x'69 OS y 0 S-- VIOLATIONS - VI #0400226 - ROBIN AND LAURA KINION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of May, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO �Q �� William H. J rke, Chair 1861 ((-W 1% Clerk to the Board V 44' � �J / � M. le, Pro- em V puty Clerk to the Board D id E. Long APP AS • Robe . Masden ttorney at/ad-A Glenn Vaad Date of signature: =// 2005-1388 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Robin and Laura Kinion Violation: VI-0400226 Address: 7306 Patrick ST, Fort Lupton CO 80621 Legal: Lot 5, Block 78, Aristocrat Ranchettes#3, Weld County, Colorado Location: Three blocks North of County Road 16 on Patrick Street North: Agricultural property South: Agricultural property East: Agricultural property West Agricultural property Parcel Number: 1309-26-3-09-002 Acres: 1.03 Certified mail date: April 20, 2005 Received: April 25, 2005 Currently the property is in violation of: Chapter 29, Article VIII, Sections 29-8-40 REMEDY To bring the property into compliance, all inspections shall e completed and the detached garage shall have a final approval. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action. CASE HISTORY July 7, 2004 10-day compliance letter issued. July 24, 2004 30-day violation letter issued. August 25, 2004 Inspections scheduled, corrections noted. February 23, 2005 10-day compliance letter issued. March 9, 2005 30-day violation letter issued. April 20, 2005 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. April 25, 2005 Signed Certified Mail Receipt received. 2005-1388 DEPARTMtrIT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street l?it p Greeley, CO 80631 pgregory@co.weld.co.us CPhone (970) Fax70) Ext. 3568 O Fax:: 30(970) 304-6498 COLORADO• SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 April 20, 2005 Robin and Laura Kinion 7306 Patrick ST Fort Lupton CO 80621 Subject: VI-0400226, Lot 5, Block 78, Aristocrat Ranchettes#3, Weld County, Colorado Dear Mr. and Mrs. Kinion: The property referenced above remains in violation of Chapter 29 of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on May 10, 2005, at 10:00 a.m., to consider the violations. The property is in violation of the following Section of the Weld County Code: • Section 29-8-40 "Expiration of Permit." To bring your property into compliance: All inspections shall be completed and the permit for the detached garage shall have final approval. This meeting will take place at the Weld County Planning Department Office, 918 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. 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 contact me at the above address, telephone number or e-mail address. Sely, uVV art Peggy Gregory Building Compliance Officer pc: VI-0400226 BCS-020567 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal Service,. CERTIFIED MAIL. RECEIPT CI (Domestic Mail Only;No Insurance Coverage Provided) F•r •elivery int•rmati nvisi[•ur we•site at www.us•s.c•m=� OFFICIAL U Postage $ ru p Ceretled Fee O Postmark p Return Recispt Fee Here (Endorsement Required) p Restricted Delivery Fee Q (Endorsement Required) Total Postage&Fees m _ /O111_14. raltillean arPO so.No. �YY/W ""State,ZI P*4 in fon CO 10 f6s/ SEN eE': CeM'LETE THIS SECTIeN Ce M•LETE THIS SECTI eN eN 'ELIVE•Y • Complete items 1,2,and 3.Also complete Wm item 4 if Restricted m ddre is desired. �, i J (AAA f ❑Agent • Print your name and address on the reverse �' liLl,i�l ❑Addressee so that we can return the card to you. Received by(Print=•Name) C. Date of Delivery• Attach this card to the back of the mailpiece, or on the front if space permits. u ek-- /VI(D r I -21.—CS 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No ROBIN & LAURA KINION 7306 PATRICK ST FORT LUPTON CO 80621 3. Service Type fCertlfled Mall 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) p Yes 2. Article Number 7003 1010 0002 8989 4093 (Transfer from service label PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 6 DEPARTMENT OF PLANNING SERVICES 4fe Building Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Q Fax: (970)304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720)652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE March 9, 2005 Robin and Laura Kinion 7306 Patrick ST Fort Lupton CO 80621 Subject: VI-0400226, Lot 5, Block 78, Aristocrat Ranchettes #3, Weld County, Colorado Dear Mr. and Mrs. Kinion: It has been determined that the property located at 7306 Patrick Street is currently in violation of the following Section of the Weld County Code: Section 29-8-d0 of the Weld County Code states that building permits shall expire after 180 days of inactivity. To bring your property into compliance with the Weld County Code: All necessary inspections shall be completed and the permit for the detached garage shall have final approval. 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 9,2005,to correct this 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, � Peggy Gregory (J (/ Building Compliance Officer pc: BCS-020567 VI-0400226 6irt DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US IDe E-mail Address: pgregory@co.weld.co.us 111 . 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 Fax: (970)304-6498 COLORADO February 23, 2005 Robin and Laura Kinion 7306 Patrick ST Fort Lupton CO 80621 Subject: Permit# BCS-020567— Lot 5, Block 78, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. and Mrs. Kinion: It has come to the attention of the Department of Building Inspection that a permit for a detached garage at 7306 Patrick Street was issued on October 15, 2002. According to our records, this permit expired on February 21, 2005, and all required inspections have not been completed. Section 29-8-40 of the Weld County Code states that: A. Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become null and void if the building or work authorized by such permit does not commence within one hundred eighty(180)days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty(180)days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half(1/2)the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded five (5) years. B. Any permittee holding an unexpired permit may apply for an extension of the time within which he or she may commence work under that permit when he or she is unable to commence work within the time required by this Article for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty(180)days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee as established by the Board of County Commissioners. SERVICE,TEAMWORK,INTEGRITY,QUALITY page two Failure to schedule inspections or request an extension, in writing,within 10 days from the date of this letter will result in a violation notice. Once a violation is issued, it will remain open until the permit is completed and is subject to go before the Board of County Commissioners with written notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, Gni( Peggy Gregory Building Compliance pc: BCS-020567 VI-0400226 SERVICE,TEAMWORK,INTEGRITY,QUALITY a DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.00.US E-mail Address: pgregory@co.weld.co.us 1111111D1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 Q Fax: (970) 304-6498 • COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE July 24, 2004 Robin and Laura Kinion 7306 Patrick ST Fort Lupton CO 80621 Subject: VI-0400226, Lot 5, Block 78, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. and Mrs. Kinion: It has been determined that the property located at 7306 Patrick Street is currently in violation of the following Section(s) of the Weld County Code: Section 29-8-40 of the Weld County Code states that building permits shall expire after 180 days of inactivity. To bring your property into compliance with the Weld County Code: All necessary inspections shall be completed and the permit for the detached garage shall have final approval. 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 July 24, 2004,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, - T Peggy Grego Building Compliance Officer pc: BCS-020567 VI-0400226 r aft t DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US ip E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 C. Phone: (970) 353-610, Ext. 3568 Fax: (9770) 304-6498 COLORADO July 7, 2004 Robin & Laura Kinion 7306 Patrick Av Ft Lupton, CO 80621 Subject: Permit# BCS-020567—Part of the Lot 5 Block 78, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. & Mrs. Kinion: It has come to the attention of the Department of Building Inspection that a permit for a wood frame detached garage at 7306 Patrick Avenue was issued on October 15, 2002. According to our records, all required inspections have not been completed. Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. rely, .p Pegg"y Gregory Building Compliance pc: BCS-020567 SERVICE,TEAMWORK,INTEGRITY.QUALITY Weld County Building Inspection Department 1555 North 17th Avenue,Greeley,CO 80631 970-353-6100,Ext.3540 Fax: 970-304-6498 Permit# BCS-020567 Status ISSUED Applied 10/04/2002 Issued 10/15/2002 Expires 09/07/2003 Job Address 7306 PATRICK ST ARI Job Location 7306 PATRICK ST L5B78 ARISTOCRAT 3RD Job Description 884 SF DETACHED WOOD FRAME GARAGE ON SLAB -NO UTILITIES STOP WORK WAS ISSUED 10/3/02 BY FRED S. 10/08/2002 AMENDED PERMIT TO INCLUDE PLUMBING FOR 3/4 BATH INVESTIGATION FEE ASSESSED PER FRED 10/14/02 AMENDED PERMIT TO INCLUDE ELECTRICAL OF$1500.00 PER OWNER VIA PHONE. LB Occ. Class U-I Construction Type: Zone District AGRICULTURAL Parcel Number 1309-26-3-09-002 1997 UBC Valuation$16,106.48 APPLICANT KINION ROBIN 10/07/2002 Phone: 303-472-6067 7306 PATRICK ST FT LUPTON CO 80621 CONTRACTOR BUDGET GARAGES 10/07/2002 Phone: 303-757-1800 5777 E EVANS DENVER CO OWNER KINION ROBIN&LAURIA A 10/07/2002 Phone: 303-472-6067 7306 PATRICK ST FT LUPTON CO 80621 Minimum Required Zoning Setbacks N - 6 S - 20 E- 6 W- 20 ALL SETBACKS FROM LOT LINE FEE SUMMARY Total Permit Fees $515.63 Total Payments .00 Balance Due $0.00 FEE BREAKDOWN SUMMARY Item#Description Account Code Tot Fee Paid Prv.Pmts Cur.Pmts ------------------------------------ --------------------- 2010 Building Permit 100025100-42 249.75 249.75 249.75 .00 2020 Electrical 100025100-42 44.00 44.00 44.00 .00 2040 Building Plan C 100025100-42 50.00 50.00 50.00 .00 2060 Investigation F 100025100-47 171.88 171.88 171.88 .00 NOTICE The applicant,agents and employees shall comply with all the rules,restrictions and requirements of Weld County Zoning and Building Code Ordinances governing location,construction,demolition and erection of the above proposed work for which this permit is granted.The building Official is authorized to order the immediate cessation of work at any time a violation of the adopted codes or regulations appears to have occured. Violations of any codes or regulations may result in the revocation of this permit. Buildings must conform with the plans as submitted to the Building Inspection Department. Any changes to the plans or lay-out must be approved prior to construction. Any changes in the use or occupancy of the building must be approved. It shall be the duty of the property owner or the person doing the work authorized by this permit to notify the Weld County Building Inspection Department that such work - B 1397 REC 02346599 08/17/93 15:50 $5.00 1001 AR2346599- F 2126 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED THIS DEED,Made this 13Th day of AUGUST,1993 between HELEN L.REEVES STATE DOCUMENTA Y FEE of the County of WELD and State of COLORADO,grantor, and 5.3 ROBIN KINION Date whose legal address is 7306 PATRICK STREET, FORT LUPTON, COLORADO 80621 of the County of WELD and State of COLORADO,grantee: 0 � • WITNESSETH, That the grantor, for and in consideration of the sum of FORTY-FIVE THOUSAND FIVE HUNDRED AND S) .+- 00/100ths DOLLARS, ($45,500.00), the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and d conveyed, and by these presents does grant,bargain,sell,convey and confirm unto the grantee,his heirs and assigns forever,all the real ark d property together with improvements, if any, situate, lying and being in the County of WELD,and State of Colorado,described as (.= follows: LOT5, BLOCK78, CYL Q THIRD FILING ARISTOCRAT RANCIIETTES, COUNTY OF WELD,STATE OF COLORADO. y:3I R Uoc5 also known by street and number as 7306 PATRICK STREET,FORT LUPTON,COLORADO 80621 1� " TOGETHER with all and singular the hcrcditaments 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 grantee,his heirs and assigns forcer. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantee, his 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, sell and convey the same in manner and form 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 or 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 and peaceable possession of the grantee,his heirs 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 date set forth above. e IRIAN L.RbbVLb STATE OF COLORADO )ss. COUNTY OF ADAMS The foregoing instrument was acknowledged before me this 13TH day of AUGUST,1993 by HELEN L.REEVES MY sisn'nar 9rr .ti e 06-22-97 WIessm/t. yy��ha/n1dd and MEEial seal///.///��/���fff • !Pit ( .. 720 EAST BRIDGE S„1LZtt1, Notary Pubtie i`., D BRIGHTON, COLORADO 0 V601 t lie.9f2A.Rev.7.54. WARR.W1Y MED<for Fbotoanpbie Retard) Recorded at o'clock '}lion No. Recorder D31 QUITCLAIM DEED • • THIS DEED,Made this 16th day of April , 19 98, between Robin Kinion Il of the 'County of Weld and StateoiColorado;grantor;and•Robin-Kini orr and-Laura A Kinion i whose legal address is 7306 Patrick St Fort Lupton, CO 80621 -I of the County of Weld and State of Colorado,grantees. • WITNESSETH,That the grantor,for and in consideration of the sum of ONE DOLLAR AND NO/00 DOLLARS I the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold and QUITCLAIMED,and_br these presents does remise,release,sell and QUITCLAIM unto the grantees,their heirs.successors and assigns forever.not in tenancy in common,but in joint tenancy,all the right,title,interest,claim and demand which the grantor has in and to the real property,together with improvements,if any.situate.lyingand being in the County of WELD and State of Colorado,described as follows: Lot 5, Block 78, Aristocat Ranchettes, Third filing, A Subdivision of Weld County, State of Colorado, li r 1111111 11111 111111 11111 10111I I1111111111111111111111 2000037 04/22/1000 03:440 Weld County CO 1 a 1 R 0.00 D 0.00 JR Suitt Toukaneto it •t I also known by street and number as: 7306 Patrick St, Fort Lupton, CO 80621 TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belong- ing or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever.of the grantor,either in law or equity.to the only proper use.benefit and behoof of the grantees.their heirs and assigns forever.The singular I 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 date set forth above. • .---- 7,,..-vc �v— Robin Kinion STATE OF COLORADO. I l vs. • County of WELD I The foregoing instrument was acknowledged before me this 16th das of April 19 98, ' by Robin Kinion My cm)rtssioG GORY H. HECKMAN 19 .Wi ass y hand and official seal NOTARY PUBLIC 7 STATE OF COLORADO P ,. tnMaglplExplrlu07N12001 �Satanpot,c 9f in Denver.inse lyan I Nmi and Address of Person Cream Nevll(retied Uni Description 11 38-512-106 5.C.R 5) No.962.Rev.6-92. QUITCLAIM DEED(to Mat Tenors) • Deptford Publi,xinr.1743 Wane A..Dena.Co 40202—O011292-2500-2.9J 1 AIMS-Cann jrA Client f"sRQI I" Account Maintenance RI -'- }}- 1 ' fi .=Y .rr .-1x MillKINIONROBIN &LAURAA " ` 519228 ` 7306 PATRICK AVE , r it t1 FT LUPTON CO 806214436 E. !Year District � .. = r , nr. •i tt d 2004 2241 ' 1(� ..iii Apr Dist St A — Parcel Number MR Space Seq 1309-26-3-09-002 i Street No Dir Street Name Type Noll 7306 PATRICK ST Location City Location Zip Acct Type '. WELD 00000 Residential BACode Owner Id Owner Location , it.:=.; 4F i I'81i 161 E S I'i{� (gI 3 4 y �d ix 2r �'. 'J tt wf,ll fc(7t : .- x } Ir 147Li r lJ "...'tsd r 5u .3[ n? 7 _ 8 � '1.kYE= _ (.;'..-ti [ Nhllll F:JSJI . , yl'lt c' i Ii oI 1 Y X11 iE xi '1,w.:iY =;slli r 6 f' luv Fri'r 'jl l I• C` ' Yni: l r.�.�Il: .1f�F:.11lf �JL. i t -_ -- k., a ., A `: : - U - =. � i �. AI w.. l". pill i. is , , Y,. STREET mil' IS w x # 131 x wrirotaThimpailijill-t&5t . 9iV 20 ® 'I.' . el ';' :_1 g a �r e er :. e W g 3. 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