HomeMy WebLinkAbout20041705.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
VI #0400059 AGAINST CHARLES ABFALTER AND RHONDA WEBBER 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,Charles Abfalter and Rhonda Webber,VI#0400059, 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 22nd day of June, 2004, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,Charles Abfalter and Rhonda Webber 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 Charles Abfalter and Rhonda Webber 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.
2004-1705
PL0824
00; /9 .6, 2) viol 04 ;2/7 -,2,2-6V
VIOLATIONS - VI #0400059 - CHARLES ABFALTER AND RHONDA WEBBER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 22nd day of June, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELDCQLORADO
s6iCId:
��" "u' lRobert D. Masden, Chair
erk to the Board
William . J rke, Pro-Tern
putt' Clerk to the Board
M. J. ( /
APP AS TO FO cmC o�yap/
David . Long my net' l F lJl�'t't� 'a "C/q
�
�,,,,/� Glenn Vaad
Date of signature: _ lie
2004-1705
PL0824
Weld County Violation Summary
Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Charles Abfalter and Rhonda Webber
Violation: VI-0400059
Address: 2700 CR 10, Erie, CO 80516
Legal: Lot 12, Carlson Subdivision in the NE4 of Section 16, T1 N, R68W of the 6th P.M.,
Weld County, Colorado
Location: South of and adjacent to CR 10 and west of CR 7
North: Estate zoned Petersburg Minor Subdivision
South: Agricultural property with residences
East: Agricultural property with residences
West Agricultural property
Parcel Number: 1467-16-0-01-035 Acres: 5
Certified mail date: April 7, 2004 Received:
Currently the property is in violation of Chapter 29, Article VIII (8), Section 29-8-40 of the Weld County
Code.
REMEDY
To bring the property into compliance the building permit for pole barn shall have all inspections
completed and a final approval.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for
immediate action.
CASE HISTORY
November 11, 2001 USR 1348 approved by Board of County Commissioners to allow an indoor arena
that exceeds 4% of the total lot area in a recorded subdivision in the A
(Agricultural)Zone District
January 7, 2002 Early release of building permit BC-0100784 granted by the Department of
Planning Services
January 15, 2003 Letter sent to Rhonda Webber re: USR-1348 plat, outlining that conditions of
approval on USR-1348 needed to be completed prior to recording the plat and
prior to final approval of the building
August 6, 2003 Letter sent to Rhonda Webber re: USR-1348, outlining options of withdrawing the
USR application or proceeding forward before the Board of County
Commissioners with a staff recommendation of denial if unable to meet
Conditions of approval for USR-1348
2004-1705
VI-0400059
page two
January 9, 2004 10-day compliance letter issued
January 19, 2004 Phone call from Rhonda Webber to schedule inspection
January 22, 2004 Inspection performed, inspector noted no progress since inspection of 06/27/03
January 23, 2004 30-day letter to prepare for an inspection or contact me
March 2, 2004 30-day violation letter issued
April 7, 2004 Certified letter indicating the violation case is scheduled before the Board of
County Commissioners
May 3, 2004 Certified letter returned "Unclaimed"
May 21, 2004 Letter indicating the violation case is scheduled before the Board of County
Commissioners sent certified and regular mail
DEPARTMENT OF BUILDING INSPECTION
Code Compliance Division
WWW.00.WELD.00.US
WilgeE-mail Address: pgregory@co.weld.co.us
1555 N 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100x3540
Fax (970) 304-6498
COLORADO
May 21, 2004
Charles Abfalter and Rhonda Webber
2700 CR 10
Erie CO 80516
Subject: VI-0400059, Lot 12 in the NE4 of Section 16, T1 N, R68W of the 6th P.M., Weld County,
Colorado
Dear Mr. Abfalter and Ms. Webber:
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 June 22, 2004, at 10:00 a.m.,to
consider the violations. The property is in violation of the following Section(s) of the Weld
County Code:
Chapter 23, Article III, Division I
Section 23-3-40 "Uses by special review"
Section 23-3-40.P "Accessory buildings with gross floor area larger than
four percent (4%) of the total lot area, as detailed in Section 23-3-30, per
building on lots in an approved or recorded subdivision plat or lots part of a
map or plan field prior to adoption of any regulations controlling
subdivisions.
Chapter 29, Article III
Section 29-8-40 "Expiration of permit"
To bring your property into compliance:
the final plat for USR-1348 shall be recorded
all inspections on building permit number BC-0100784 shall be completed and
the horse barn and riding arena shall have final approval.
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 at this meeting to answer any questions the Board of County
Commissioners might have regarding the violation.
Charles Abfalter and Rhonda Webber
2700 CR 10
Erie CO 80516
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.
Sincerely,
am S
Peggy Gregory
Building Compliance Officer
pc: VI-0400059
BC-0100784
USR-1348
Chris Gathman, Planner
Wendi Inloes, Planning Technician
Bruce Barker, County Attorney
U.S. Postal ServiceTM
CERTIFIED MAILTM RECEIPT
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Charles Abfalter and Rhonda Webber ,' qd Lf ,j '�L
2700 CR 10 ,�: f i
Erie CO 80516 Weld t otinWri.i!'irtc: I epartm.
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DEPARTMENT OF BUILDING INSPECTION
Code Compliance Division
WWW.CO.WELD.CO.US
E-mail Address: pgregory@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
ei Phone (970) 353-6100x3540
Fax (970) 304-6498
COLORADO
April 7, 2004
Charles Abfalter and Rhonda Webber
2700 CR 10
Erie CO 80516
Subject: VI-0400059, Lot 12 in the NE4 of Section 16, T1 N, R68W of the 6th P.M., Weld County, Colorado
Dear Mr. Abfalter and Ms. Webber:
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 11, 2004, at 10:00 a.m., to consider the
violations. The property is in violation of the following Section(s) 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 horse barn and riding arena
shall have final approval.
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 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.
S' rely,
fit t
Peggy regory
Building Compliance Officer
pc: VI-0400059
BC-0100784
Wendi Inioes, Planning Technician
Bruce Barker, County Attorney
•
SERVICE,TEA ,".VC PK,INTEGRITY,QUALITY
U.S.Postal ServiceTM
CERTIFIED MAIL.r RECEIPT
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DEPARTMENT OF BUILDING INSPECTION
fit° •
Code Compliance Division
Website: WWW.CO.WELD.CO.US
' E-mail Address: pgregory@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
O Fax: (970) 304-6498
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
March 2, 2004
•
Charles Abfalter and Rhonda Webber
2700CR10
Erie CO 80516
Subject: VI-0400059, Lot 12 in the NE4 of Section 16, Ti N, R68W, Weld County, Colorado
Dear Mr. Abfalter and Ms. Webber:
It has been determined that the property located at 2700 County Road 10 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 he completed and the permit for a structural steel horse barn 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 2,
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.
•
(1-1;i7
J ely,
Pe g regory
Building Compliance Officer
pc: BC-0100784
VI-0400059
a/a7
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DEPARTMENT OF BUILDING INSPECTION
Website: WWW.CO.WELD.CO.US
' C E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 -
O Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
January 23, 2004
Charles Abfalter and Rhonda Webber
2700 CR 10
Erie CO 80516
Subject: Permit # BC-0100784— Lot 12 in the NE4 of Section 16, Ti N, R68W, Weld County, Colorado
Dear Mr. Abfalter and Ms. Webber:
An inspection was scheduled for January 22 on the above noted permit. The inspector noted that no progress
had been made since the last inspection of June 27, 2003. If it is not possible to be prepared for an inspection
within 30 days from the date of this letter so that the inspector can document progress being made, please
contact me. After that date, a violation will be initiated on the property.
You may cal! our 24-hour inspection request line at 1-800-234-2534 or 970-356-8013. If you have any
questions, I may be reached at 970-353-6100. Ext. 3540.
Thank you for your cooperation to this mater.
S' rely,
( Fagg, ,n
Peg ' fegory
Building Compliance
pc: BC-0100784
SERVICE,TEAMWORK,INTEGRITY,QUALITY
a -
re,
DEPARTMENT OF BUILDING INSPECTION
Website: WWW.CO.WELD.CO.US
I C E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631
O Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
January 9, 2004
Charles Abfalter and Rhonda Webber
2700 CR 10
Erie CO 80516
Subject: Permit# BC-0100784 — Lot 12 in the NE4 of Section 16, Ti N, R68W, Weld County, Colorado
Dear Mr. Abfalter and Ms. Webber:
It has come to the attention of the Department of Building Inspection that a building permit for a structural steel
horse barn and riding arena at 2700 County Road 10 was issued on January 9, 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. 3540.
303-Lzs S''G/
Thank you for your cooperation to this m/aatter. �J __ y
erely, /-�7 -0l{- felleg t- 9%on 1/CL "il a-
02 02-
V
Peggy Gregory U
Building Compliance ' .t C1
pc: BC-0100784
•
.VICE,TEAM WORE ORF..'LNTEGRITY,QUALITY
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]. Ap2415499 WARRANTY DEED
7 THIS DEED. Made this 2nd dry of February .19 96 . ,.
between Susan L. Carlson and Cindy Laurel Carlson
it(the County of Weld sal Sistauf Colorado
grantor.and Charles T. Abf alter and Rhonda Webber
whose lcgsiaddres is 2700 WCR 010, Erie, Colorado 80515
of the County of Weld band Stem of Colorado .grantees:
WITNESS,That the_aruntor.fur and in consideration of the sum of -THIRTY NINE THOUSAND
NTEE KIM= AND NO/100 (39,900.00)—
( ,t, a1 he nti
deficiency of'.anien is,ere Hy acxy,wteatgd a ;ranted_ aarcaned,'oiJ 41:0 n e eiI ,td by 1 setts ne, _ 1 dr-_ v� y e acct
cult 1 rm,e,and t .,one,the:ir arm their hers and assigns furtive,.cut In tenancy in common beget icier t con
ad the cror,,ie ruxeincr In.mosuvements.if a v attuat&.`;ing aid being in be Cron ry o, net_
and Sate of C,,icra,n.described as:crows. I
PARCEL C:
LOT 12 IN THE NORTHEAST QUATER (NE1/4) OP SECTION 16, TOWNSHIP 1
NORTH, RANGE 68 WEST OF TEL 6TR P.N., ACCORDING TO TEE PLAT RECORDED
NAY 4, 1967 UI BOOK 581 AT RECEPTION NO. 1502979_
•
2475499 8-1531 P-353 02/07/96 03:28P PG 1 OP 1 REC DCC
Weld County CO Clerk & Recorder 6.00 3.99
also known by street and number as Vacant Land, Erie, Colorado 80516
TOGETHER with all and singular the hereditaments and appurtenances thereunto helanging.or in anywise appertaining.and
the reversion.ann reversions.remainder and remainders.rents.issues and profits loved,and all the estate.right.title. interest.
claim and demand whatsoever of the grantor, either in lam or equity.of, in and to the above bargained premises. with the
beret:Cements and appartensoees.
TO iLIV£AND TO HOLD the said premises above bargained and described,with the appurtenances unto the gnmucs.their
hems and assigns Crimea-. And the grantor.for himself,his heirs and personal rcpreseaudver.dues covenant.erunt. burguiti and
agree to and with the gantees.their heirs and assigns.that at the time err the erasewing and delivery of these presents. he is wall
seized of die premises abuse ran reveal hasty„J. sure. perfect uhsolute mil indefeasibleten f inheritance. n,
fee simple and has good right.Pill power and lawful authority et gr nt bargain.sell and convey the e m .o manner ,Id_e to
as aforesaid. and out the same are free and clear from all former and other grants. bargains.salon. liens, taxes. as,,si cots_,,
encumbrances and restrictions of whatever kind or nature soever.except for lases for the current year,as Ilen hilt not vet due
or payable,easements,restrtrtlotu,reservations,covenants and rights-at-way of record.if any, .
The gantor shag and will WARRANTAND FOREVER DEFEND the above-bargained pratnisa in the quiet and peumehlc posses-
sion of the grantees.their heirs undeaaigns,against all and every person or persons lawfully claiming the whole orally part thereof.
The singular number shall include the plural,the plural the singular,and the use of any gender Mull he applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed thin deal on the date set forth above.
Susan L. Carlson Cind aurel Carlson
STATE OF COLORADO let
COUNTY OF ADAMS
The foregoing instrument was acknowledgcsi.bet me me Na 2nd day of February .19 96 .by EXHIBIT
Susan L. Carlson an�eCyd-n4y1 t.6 J.l Carlson y =
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My Commission aaPwr JYy 14 1998'�� Nt.'s m aitaJ y hand .y�ff d s al.
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