HomeMy WebLinkAbout20043214.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST FELIPE MORALES 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,Felipe Morales,VI#0400204, 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 9th day of November, 2004, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Felipe Morales was 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 Felipe Morales 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.
2004-3214
PL0824
P0 : PL l//c) ( //-�3-0t--/
..__. ._..._
VIOLATIONS - VI #0400204 - FELIPE MORALES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of November, A.D., 2004.
-���qq BOARD OF COUNTY COMMISSIONERS
�N' �'� WELD COUNTY, COLORADO
sei4/24
- EXCUSED
.• Robert D. Masden, Chair
C,'Weld County rk to the Board /j
`mil• William Jerke, Pro-Tern
BY. 4;4.
Deputy Clerk to the Board
M. J. Gei e
APPR AS • EXCUSED
David Long
my Attorney Va /-4
Glenn Vaad
Date of signature: //17/C
2004-3214
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Mr. Felipe Morales
Violation: VI-0400204
Address: 15685 Mary Avenue, Fort Lupton, CO 80621
Legal: Lot 7, Block 27, Aristocrat Ranchettes, 2n° Filing, Weld County, Colorado
Location: South of and adjacent to CR 18 and East of and adjacent to CR 31
North: Agriculture with residences
South: Industrial plant/Agriculture
East: Agriculture
West: Agriculture with minimal residences
Parcel Number: 1309-27-1-19-004 Acreage: .99 +/-Acres
Certified mail date: September 30, 2004 Received: October 5, 2004
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, 23-3-40.B, 23-3-40.6.10, 23-3-50 and 23-3-50.D and Chapter 29, Article 111(3) of Section 29-3-10
of the Weld County Code.
REMEDY
To bring the property into compliance proof shall be submitted indicating that the number of animal units
has been reduced as allowed per the Weld County Code. Additionally, a building permit application shall
be completed and submitted to the Department of Planning Services for the porch.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office for immediate legal action.
CASE HISTORY
June 25, 2004 Initial complaint received.
June 25, 2004 Initial inspection completed.
July 19, 2004 Five day compliance encouragement letter issued.
August 24, 2004 Property inspected. Property remains in violation.
August 25, 2004 Violation letter issued.
September 29, 2004 Property inspected. Property remains in violation.
September 30, 2004 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2004-3214
a
DEPARTMENT OF PLANNING SERVICES
4 Code Compliance Division
WWW.CO.WELD.CO.US
W.CO.W ELD.CO.US
ID918
C E-mail Address: bsalzman@co.weld.co.us
10th Street, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3555
O Fax(970) 304-6498
COLORADO
September 30, 2004
Mr. Felipe Morales
15685 Mary Avenue
Aristocrat Ranchettes
Fort Lupton, CO 80621 •
Subject: VI-0400204, Lot 7, Block 27, Aristocrat Ranchettes, 2nd Filing, Weld County, Colorado
Dear Mr. Morales:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on November 9, 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 23-3-40 "Uses by special review."
Section 23-3-40.B "Agricultural Service establishments primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including:"
Section 23-4-40.B.10 "Animal training and boarding facilities where the maximum number of
animal units permitted in Section 23-3-50.D is exceeded or when the use adversely impacts
surrounding properties, including noise, odor, lighting or glare, traffic congestion or trash
accumulation."
Section 23-4-50 "Bulk requirements."
Section 23-4-50.D "Maximum number of animal units permitted per acre: four (4)per acre or
portion thereof."
Chapter 29, Article 111(3) "Building permits."
Section 29-3-10 "Building permit required." •
To bring the property into compliance:
► My records indicate that your property is approximately.99 acres;therefore,you are allowed no
more than 4(four)horses to be located on your property at any given time. This means no other
livestock animals can be on the property, except the 4 (four) horses, this includes any types of
livestock, including, but not limited too, cows, chickens, rabbits, pigs, horses, llamas and any
other livestock animal as defined in Chapter 23 of the Weld County Code.
. Furthermore, my records indicate that the building permit(BC-9700336)issued for the addition
of the enclosed porch expired. Therefore, a new building permit application shall be submitted to
the Department of Building Inspections.
Mr.Morales
Page 2,VI.0400204
). During my inspection conducted on August 24,2004 and again on September 29,2004, I noted
several horse stalls and accessory structures; my records indicate that I have previously
requested a map; however, after looking in my file, I have been unable to verify that I have
received any information from you. Please submit a drawing showing all structures located on
your property with dimensions. In a subdivision, such as Aristocrat Ranchettes, no more than 4%
of the property can be covered in buildings.
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.
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, F, d 0 g
C m m c f
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Bethany Salzma ,` w V 6.'2 a
Zoning Compliance Officer w ce
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Peggy Gregory, Building Compliance Officer • z rip • u 0
Department of Building Inspections w a aa ❑ 0 0 z
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Department of Planning Services I y 1 ti ;
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Bruce Barker, County Attorney = . 8 m 0 c g o
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MR. FELIPE MORALES o.o >Luc < w Lr,co H d 0'')
Street,Apt.No.;or PO Box No. • E E c r N O v • MMD co a o c E
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o 15685 MARY AVENUE ¢� a. ^, ¢ a ¢ t LL
cltyO ILUPT0N, CO 80621 v ILI a
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{46DV Weld County Department of
' ' Planning Services
ElkInspection Report
COLORADO 1555 N. 17' Avenue
Greeley, CO 80631
' Date of Inspection:: q ,CA-0LI
Permit/Case No.: V/Z GCMG OH
Property Owner Name:
Mot"i ket)l /�� 'pt '
Address: 51Q t7J ( Allh FcvC
Upon a(visual)(on-site)inspection of the property listed above,the following items
were noted:
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Shy ,u, 're r0, ctct ved artivt,
arrow\nom Vat
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Inspection by: 11..-y Contact Name: Rin.1 Y'X 1-Th
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Contact Phone Number: 970-353-6100,Ext. 3555
I
Copy of this inspection was: RAMISISMERaliRtirel
Pictures taken during inspection: es 0 No
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
' Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
918 10th Street, Greeley, CO 80631
O Phone: (970) 353-6100, Ext. 3555
• Fax: (970) 304-6498
COLORADO •
WELD COUNTY
ZONING VIOLATION NOTICE
August 25, 2004
Mr. Felipe Morales
15685 Mary Avenue
Aristocrat Ranchettes
Fort Lupton, CO 80621
Subject: VI-0400204, Lot 7, Block 27,Aristocrat Ranchettes,2nd Filing,Weld County, Colorado
Dear Mr. Morales:
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 23-3-40.8 "Agricultural Service establishments primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including:"
Section 23-4-40.8.10 "Animal training and boarding facilities where the maximum number of
animal units permitted in Section 23-3-50.D is exceeded or when the use adversely impacts
surrounding properties, including noise, odor, lighting or glare, traffic congestion or trash
accumulation."
Section 23-4-50 "Bulk requirements."
Section 23-4-50.D "Maximum number of animal units permitted per acre: four(4)per acre or
portion thereof."
Chapter 29, Article 111(3) "Building permits."
Section 29-3-10 "Building permit required."
To bring your property into compliance with the Weld County Code:
► My records indicate that your property is approximately.99 acres;therefore,you are allowed
no more than 4 (four)horses to be located on your property at any given time, This means no
other livestock animals can be on the property, except the 4 (four) horses, this includes any
types of livestock, including, but not limited too, cows, chickens, rabbits, pigs, horses, llamas
and any other livestock animal as defined in Chapter 23 of the Weld County Code.
► Furthermore, my records indicate that the building permit (BC-9700336) issued for the
addition of the enclosed porch expired. Therefore, a new building permit application shall be
submitted to the Department of Building Inspections.
Mr.Morales
Page 2,VI.0400204
During my inspection conducted on August 24, 2004, I noted several horse stalls and
accessory structures; however, upon researching my records, I could not find any building
permits for the structures. Please submit a drawing showing all structures located on your
property with dimensions. In a subdivision, such as Aristocrat Ranchettes,no more than 4%of
the property can be covered in buildings.
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
August 25, 2004, 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,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0400204
Peggy Gregory, Building Compliance Officer
Department of Building Inspections
Department of Planning Services
Bruce Barker, County Attorney
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At: Weld County Department of
q Planning Services
Wine. Inspection Report
- COLORADO 1555 N. 17`" Avenue
Greeley, CO 80631
Date of Inspection: $'2.3i-DLi
`Permit/Case No.: V'1-- ( ID2.O4
Property Owner Name: \M\o(e s...C:)l (�P .
Address: ‘51,1i . ts,Upon a(visual)(on-site) inspection of the property listed above,the following items
were noted:
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Inspection by: ` D Contact Name: T7...9.,A.251'\C3r'7
Contact Phone Number: 970-353-6100, Ext. 3555
Copy of this inspection was: .... ... S
Pictures taken during inspection: ,Yes 0 No
•
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
II I 1555 N. 17th Avenue, Greeley, CO 80631
C. Phone: (970) 353-6100, Ext. 3555
Fax: (970) 304-64986498 COLORADO
July 19, 2004
Mr. Felipe Morales
15685 Mary Avenue
Aristocrat Ranchettes
Fort Lupton, CO 80621
Subject: VI-0400204, Lot 7, Block 27, Aristocrat Ranchettes, 2n° Filing, Weld County, Colorado
Dear Mr. Morales:
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, Chapter 23 and Chapter 29. The potential
noncompliance(s) with the Weld County Code are the number of horses located on the property and an
expired building permit (BC-9700336). In a subdivision zoned Agriculture, such as Aristocrat Ranchettes, 4
(four) horses per acre are an allowed use. Additionally, upon research of your property, an expired 1997
building permit was noted for the addition of a porch. This permit has since expired. A new building permit
application will need to be completed and submitted to the Department of Building Inspections.
Please contact me within five working days of the date of this letter to review these concerns with me. 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,
iblhILL0SN-631 Xi\
Bethany Salzman
Zoning Compliance Officer
pc: VI-0400204
BC-9700336
Department of Building Inspections
Department of Planning Services
Peggy Gregory, Building Compliance Officer
SERVICE,TEAMWORK,INTEGRITY,QUALITY
O
Weld County Department of
Planning Services
Wilk Inspection Report
COLORADO 1555 N. 17th Avenue
' ^ G Greeley,CO 80631
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Date of Inspection: ze- (q j �
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Permit/Case No.: Cr 0-4151:::0-434
,11151::: �('�3
Property Owner Name: 1 CLkD
Address: \5.._()%5 kvt
Upon a(visual)(on-site)inspection of the property listed above,the following items
were noted:
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Inspection by: ...?O Contact Name: -F1 ICA^1a i' `
Contact Phone Number: 970-353-6100,Ext. 3555 `J
Copy of this inspection was: DTIOnalliallittl+
Pictures taken during inspection: 0 Yes $No
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WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5207486 Parcel#: 130927119004
Tax Area: 2241 Bordering County:
Acres:0.99
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
02 -66 - 27 - 1 ARISTOCRAT RANCHETTES 2ND FG- 27 - 7
Owners Name&Address: Property Address:
MORALES FELIPE DE JESUS Street: 15685 MARY AV FORT LUPTON
15685 MARY AVE City: FORT LUPTON
FORT LUPTON, CO 80621
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception#
8/23/2002 $195,000 WD 2981999
Legal Description
2AR27-7 L7 BLK27 2ND ARISTOCRAT RANCHETTES SITUS: 15685 MARY AV FORT LUPTON 80621
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Acres 0.99
Land Subtotal: 0.99 $49,500 $3,940
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
2 Out Building
Improvements Subtotal: $101,628 $8,090
Total Property Value $151,128 $12,030
Building Details
Account#: R5207486 Parcel#: 130927119004
Owners Name&Address: Property Address:
MORALES FELIPE DE JESUS Street: 15685 MARY AV FORT LUPTON
15685 MARY AVE City: FORT LUPTON
FORT LUPTON, CO 80621
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Modular Year Built: 1990
Exterior: Frame Hardboard HVAC: Forced Air
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 06/25/2004
laentity xesults rage z O1 L
Interior Finish: Drywall Built As SQ Ft: 1080
#of Baths: 2 Roof Type: Gable
#of Bdrms: 3 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: 6 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: 1080 Finished SQ Ft: 1080
Account#: R5207486 Parcel#: 130927119004
Owners Name&Address: Property Address:
MORALES FELIPE DE JESUS Street: 15685 MARY AV FORT LUPTON
15685 MARY AVE City: FORT LUPTON
FORT LUPTON, CO 80621
Building# Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built 1983
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 672
#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:
http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 06/25/2004
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15685 MARY AY
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Atea 0 Acresii' 0.99 .
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LUPTON
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P t •N JBC-9703•% " Addrasx 115685 MARY AV ARI s':�
Status. IEXPIRED • APPLICANT IBR04/N JEANNA t'
Dat ;'Or104/28/1997 .. Nice lMIT EXPIREQ 0/7/2000.SECTIQN.1O6it.r4 4 f710IN PECTICNSW I 1 `
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WARRANTY DEED
THIS DEED, Made this 23rd day of August , 2002,
between Jeanne M. Brown
State ¢qc. Fee
of the County of Weld and Stain of Colorado •
$grantor,and Felipe de Jesus Morales
whose legal address is 15685 Mary Avenue, Fort Lupton, CO 80621
of the County of Weld and State of Colorado .grantee:
WITNESSETH.That the grantor,for and in consideration of the sum of ONE HUNDRED NINETY FIVE
THOUSAND AND NO/100 -
DOLLARS,($195,000.00 ),
the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents
does grant,bargain,sell,convey and confirm,mato the grantee,his heirs and assigns forever,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 7,
Block 27,
Aristocrat Ranchettes Subdivision,
Second Filing,
County of Weld, State of Colorado
also known by street and number as 15685 Mary Avenue, Fort Lupton, CO 80621
TOGETHER with all and singular the hereditaments 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 whars.vver 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
hens and assigns forever. And the grantor,fox himself,pus 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
as aforesaid,and that the sane are free and clear from all former and other grants,bargains,sales,liens, taxes,assessments,
encumbrances and restrictions peec of whatever kind m nature soever,except for taxes for the current yearts as ,a lien but not yet due
and Documentsbbc accepted by and those sBuyer in accotions ordance described h salon 8a ITltl referencee Revio ew],recorded the codocuonract dated d in the Title
July 25, 2002 between the parties.
The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargained premises in the quiet and p•sr.able posses-
sion 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 he applicable to all genders.
IN MVITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
Cat A )O/ , A.r_ �)
Joanna M. Brovaf
J
STATE OF Colorado
SS.
COUNTY OP Adams
The foregoing instrument was acknowledged before me this 23rd day of August slausf' . by
Jeanne M. Brown i tiP;"-... --' .p
O' •My Commission expires: Witness my hand:.I official s '( i
Jim D. Clement @ Cl� A •••
O
720 Bridge Street �^\
Brighton, Colorado 80601
My eommi;.;:,.. tanires 3-30-06 '•• �OF....
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