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Home My WebLink About20050864.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST KAREN BURKHART 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, Karen Burkhart, VI #0500204, is 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 October, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, at which time this matter was continued to December 13,2005,to allow time for the Department of Planning Services and the property owner to work through all issues concerning this property. WHEREAS, on the 13th day of December, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Tanis Duncan, representative, 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 13, 2006, to allow adequate time for the property owner to submit a Recorded Exemption 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 #0500204 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Karen Burkhart 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 13, 2006, to allow adequate time for the property owner to submit a Recorded Exemption to bring the subject property into compliance. 2005-0864 PL0824 12 e&, f� �' ��i� VIOLATIONS -VI #0500204 - KAREN BURKHART PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of December, A.D., 2005. 11 E BOARD OF COUNTY COMMISSIONERS 00" �a WELD COUNTY, COLORADO ATTEST: g �� /-7,.,_,,�"""7 6y -t � illiam H. J e, Chair Weld County Clerk to the Boa(' ist BY: ti�l^ ' ( �G2�(CaL-. . J. 'le, Prs-Tern D uty Cldrk to the Bo�ir. z�, 1 rE_ David E. Long A O 'D AST EXCUSED Robert D. Masden ounty Attorney EXCUSED Glenn Vaad Date of signature: I 'ICS 2005-0864 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Karen Burkhart Violation: VI-0500204 Address: 6325 CR 100, Wellington, CO 80549 Legal: Part of the SW4SW4 of Section 30, T9N, R67W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 100, approximately%mile East of CR 13. North: Agricultural South: Agricultural East: Agricultural West: Agricultural and County Road line also known as CR 13 Parcel Number: 0453-30-0-00-016 Acreage: 80 +/- acres Certified mail sent to attorney on: August 15, 2005 Certified mail received by attorney: August 18, 2005 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-20.A, 23-3-30, 23-3-30.F, 23-3-40, 23-3-40.L, 23-4-130, 23-4-140; Chapter 29, Article 111(3) of Sections 29-3-10, 29-3-320 and Chapter 29, Article VII(7)of Section 29-7-10 of the Weld County Code. REMEDY To bring the property into compliance an inspection of the chicken coop shall be conducted with the Department of Building Inspections and myself, the remaining mobile home shall be removed and a Nonconforming Use shall be proven for the stick built that is not the principle dwelling. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. CASE HISTORY May 31, 2005 Initial complaint received. June 1, 2005 Initial inspection completed. June 2, 2005 Violation letter issued. June 7, 2005 Faxed violation letter to Doug Stolte, Real Estate agent working with Ms. Burkhart June 17, 2005 Received letter from Ms. Burkhart stating the two mobile homes were for sale, but 2005-0864 a judge ordered she was not to show them until after the 30th of July, 2005. June 28, 2005 Mailed Ms. Burkhart a letter on her options to remedy the violation. July 20, 2005 Received letter from Ms. Burkhart with an update. July 21, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners on September 13, 2005. July 22, 2005 Received call from Ms. Burkhart stating that one trailer had been sold and the other will be removed. Attorney is currently looking deed over for the NCU. July 28, 2005 Received a letter from Tanis Duncan, Ms. Burkhart's attorney. She gave me an update on the property and stated that her and Ms. Burkhart would not be available for the upcoming violation hearing. August 18, 2005 Received a call from Tanis Duncan stating that they would not be available for hearing and asked I postpone hearing. She would call and schedule an appointment in one week for the chicken coop that is allegedly being used as a dwelling unit. August 31, 2005 Property inspected. Property remains in violation. Only one mobile home has been removed. September 2, 2005 Received a letter from Tanis Duncan with additional information for NCU. Enclosed was an affidavit from prior land owner stating both homes have been on the property for many years. September 8, 2005 Met on-site with Wendi Inloes, Tanis Duncan and myself. One mobile home has been removed. Tanis said that the other was sold and would be removed by October 1, 2005. She showed us the chicken coop which was not being occupied, but the building behind it appeared to be. Tanis said that it was locked and only Ms. Burkhart had keys. She would ask Ms. Burkhart to send the keys so we could look inside. She also provided us with the NCU paperwork and additional pictures. I told her that the September 13th hearing would be postponed until October 11, 2005 at which point they would need to be present if property was not brought into compliance before then. September 26, 2005 Received call from Tanis Duncan asking about the NCU. I hadn't received any information from Planner, Sherri Lockman at the time, but told her I would let her know as soon as possible. I again requested to schedule a time to inspect the building that appeared to be occupied. She said that Ms. Burkhart would be in town the first week in October. I asked that they call me before the hearing to schedule and inspection. November 1, 2005 A work session was conducted with County Attorney Bruce Barker, Planning Coordinator Wendi Inloes, Planner Sheri Lockman and myself regarding clarification of all options available to correct violation. November 11, 2005 Letter sent stating the outcome of the work session was sent to Real Estate Agent Doug Stolte and property owner's attorney Tanis Duncan. DEPARTMENT OF PLANNING SERVICES a North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 Website:e: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us I Phone: (970) 353-6100, Ext. 3566 Fax: (970) 304-6498 WI P O Southwest Office • 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720)652-4211 November 8, 2005 Tanis Duncan 7164 Lakot Dr Wellington, CO 80549 Subject: VI-0500204, Part of the SW4SW4 of Section 30, T9N, R67W of the 6th P.M., Weld County, Colorado Dear Ms. Burkhart& Mrs. Duncan: During a meeting on November 1, 2005 Wendi Inloes and myself spoke with Planner Sheri Lockman and County Attorney Bruce Barker regarding the current violations on the property, including how to correct the violation. Currently your options are: • Convert the existing basement home into storage, as this is not determined to be an NCU. The doublewide previously permitted as an Accessory to the Farm (ZPMH-985), would then become the Principle Dwelling Unit for the property. • Should you choose to keep both homes, a recorded exemption could be applied for. Please contact me at the above address, telephone number or e-mail address once a decision has been made as to what will be done to bring the property into compliance and we can discuss these options further. Sincerely, Ann Siron Zoning Compliance Officer pc:VI-0500204 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY n BURKHART, KAREN VI-0500204 //// N J 41 U CR 100 4 1 �f H � HL 1, i "ryy. :J r ' .- , . - • Qt. • _ r '"r — ! - fits illar t:1 r Train j✓ - - f,_, *I, I _ _ -- ---, I - . ----• - _ - �_ - 1, iaC. ,Missreo.,..,-.. _ , -1 ---..:-: - .• • _. , . - i I. 1 _ ..'!... - • ` I I ` ' a -,1'" . ! 1.4 i �. �s 1 4 1. ' I r I F J I f 4. it r I 1. -Ati v - l �:. _ / 1.- Hello