HomeMy WebLinkAbout20042359.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST ROBERT AND SHARON CLARK 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, Robert and Sharon Clark, VI #0200244, 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 August, 2004, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Robert and Sharon Clark, property owners, were 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 February 10, 2005, to allow adequate time for the property owners and staff to
discuss and work through the situation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that VI #0200244 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Robert and Sharon Clark 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 February 10, 2005, to allow adequate time for the
property owners to bring the subject property into compliance.
2004-2359
PL0824
10 PL, viol (9-0y
VIOLATIONS -VI #0200244 - ROBERT AND SHARON CLARK
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
�� WELD COUNTY, COLORADO
,,. T: LU ��%�44 & M --
,I� Robert D. Masden, Chair
lerk to the Bo rdsei 4 William H. Jer -, Pro-Tern
',� '• .1 rkto the Board
OUNI, M. 'le
A" ED AST
Davis Long
'oun Attorne 1�,,,, _�►,
Glenn Vaad
Date of signature: 46-974t!
2004-2359
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Robert&Sharon Clark
Violation: VI-0200244
Address: 39750 CR 68, Briggsdale,CO 80611
Legal: Part of the NW4SE4 of Section 22, T6N, R62W of the 6th P.M., Weld County,
Colorado
Location: Approximately'/<mile North of CR 66
North: Agriculture with minimal residential uses
South: Agriculture with minimal residential uses
East: Agriculture with minimal residential uses
West: Agriculture with minimal residential uses
Parcel Number: 0797-22-0-00-014 Acreage: 40+1-Acres
Certified mail date: July 6,2004 Received: July 13,2004
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 and 23-3-30.1 and Chapter 23,Article IV(4), Division 3 of Sections 23-4-130, 23-4-140
and 23-4-180 and Chapter 29,Article VII(7)of Sections 29-7-10 and 29-7-30 of the Weld County Code.
REMEDY
To bring the property into compliance,the"Noncommercial Junkyard"shall be removed, restored or
completely screened from all adjacent properties and public rights-of-ways.
Currently there are 2 (two)mobile homes that have already been connected (1988). The applicant has
placed a 3`' (third) mobile home on the property and has connected them with a closed in porch (1998).
RECOMMENDATION
If the Board of County Commissioners directs the applicant to detach the 2 (two)mobile homes from the 3`"
(third) mobile home,the Department of Planning Services recommends that this case be referred to the
County Attorney's Office, but to delay legal action for 90 days to allow the applicant time to complete and
submit a Zoning Permit for a Mobile Home and a Building Permit application to the Department of Planning
Services and Building Inspections for review. Additionally,this would allow adequate time to demolish the
"porch"attaching the 2 structures.
If the Board of County Commissioners determines that the illegal mobile home shall be removed,then the
Department of Planning Services recommends that this case be referred to the County Attorney's Office,
but to delay legal action for 180 days.
If the Board of County Commissioners allows the two(2) previously connected mobile homes to be
connected to the additional mobile home via an additional room,then the Department of Planning Services
recommends that this case be referred to the County Attorney's Office, but to delay legal action for 60 days
to allow them adequate time to complete and submit a building permit application to the Department of
Building Inspections.
2004-2359
Mr.8 Mrs.Clark
Page 2,VI-0200244
CASE HISTORY
July 15,2002 Initial complaint received.
March 30, 2004 Initial inspection completed.
April 22, 2004 Five day compliance encouragement letter issued.
April 26, 2004 Sharon Clark called.
April 28, 2004 Sharon Clark came to the office. Submitted hand drawing of structures.
April 28, 2004 Violation letter issued.
July 6, 2004 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
Mr.&Mrs.Clark
Page 1 of 2, VI-0200244
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
W.CO.W ELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
C Phone (970) 353-6100, Ext. 3555
Fax (970) 304-6498
COLORADO
July 6, 2004
Mr. & Mrs. Robert Clark
39750 CR 68
Briggsdale, CO 80611
Subject: VI-0200244, Part of the NW4SE4 of Section 22, T6N, R62W of the 6`h P.M., Weld
County, Colorado
Dear Mr. & Mrs. Clark:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on August 10,2004,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 23-3-20.A "One(1)Single-Family Dwelling Unit and Auxiliary Quarters per legal
lot."
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."
Section 23-3-30.1 "Noncommercial Junkyard."
Article IV, Div 3 "Mobile Homes." •
Section 23-4-130 "Permit requirements?
Section 23-4-140 "Mobile homes permitted in the A Zone District."
Section 23-4-180 "Temporary accessory use during medical hardship."
Chapter 29, Article VII "Mobile, Manufactured or Factory-Built Home Permits." •
Section 29-7-10 "Permit required."
Section 29-7-30 "Connection of two mobile or manufactured homes for human
habitation."
To bring the property into compliance:
The"Noncommercial Junkyard"consisting of derelict vehicles shall be restored, removed
or screened from all adjacent properties and public rights-of-ways.
DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power);is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; is not registered with the State, as required by Section 42-3-103, C.R.S., or by
Section 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not
permanently attached to the vehicle,as required by Section 42-3-123,C.R.S.;or is lacking
proper equipment to the extent that it would be unsafe or illegal to USE on public road
rights-of-way or otherwise not equipped with lamps and other equipment as required in
Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of
husbandry, farm tractors or vehicles customarily operated in a FARMING operation.
Mr.&Mrs Clark
Page 2 of 2, VI-0200244
The mobile home situation poses a bigger problem. As we have discussed, several
violations have arisen.
- The mobile home has not been permitted through the Building Permit process.
- Currently you already have 1 mobile home connected to another mobile home(which will
be referred to as Portion A). You would now like to connect Portion A to another mobile
home (which will be referred to as Portion B) by way of a new room. The Weld County
Code prohibits such a connection. Additionally, the Weld County Code only makes
allowances to connect 2 (two) mobile homes together.
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, r.
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ethany Salzm a' o tc t7 o ❑ a.
Zoning Compliance Officer ; I o a
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' DEPARTMENT OF PLANNING SERVICES
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Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
COLORADO 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3555
• Fax: (970) 304-6498
WELD COUNTY
ZONING VIOLATION NOTICE
April 28, 2004
Mr. & Mrs. Robert Clark
39750 CR 68
Briggsdale, CO 80611
Subject: VI-0200244, Part of the NW4SE4 of Section 22, T6N, R62W of the 6"' P.M., Weld
County, Colorado
Dear Mr. & Mrs. Clark:
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 III, Div 1 "A(Agricultural) Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-20.A "One (1) Single-Family Dwelling Unit and Auxiliary Quarters per legal lot."
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."
Section 23-3-30.1 "Noncommercial Junkyard."
Article IV, Div 3 "Mobile Homes."
Section 23-4-130 "Permit requirements."
Section 23-4-140 "Mobile homes permitted in the A Zone District."
Section 23-4-180 "Temporary accessory use during medical hardship."
Chapter 29, Article VII "Mobile, Manufactured or Factory-Built Home Permits."
Section 29-7-10 "Permit required."
Section 29-7-30 "Connection of two mobile or manufactured homes for human habitation."
To bring your property into compliance with the Weld County Code:
The "Noncommercial Junkyard" consisting of derelict vehicles shall be restored, removed or
screened from all adjacent properties and public rights-of-ways.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; is not registered with the State, as required by Section 42-3-103, C.R.S., or by
Section 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not
permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking
proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-
way or otherwise not equipped with lamps and other equipment as required in Sections 42-4-202
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or
vehicles customarily operated in a FARMING operation.
•
Ms.Clark
Page 2,VI-0200244
The mobile home situation poses a bigger problem. As we have discussed, several violations
have arisen.
- The mobile home has not been permitted through the Building Permit process.
- Currently you already have 1 mobile home connected to another mobile home(which will be
referred to as Portion A). You would now like to connect Portion A to another mobile home
(which will be referred to as Portion B)by way of a new room. The Weld County Code prohibits
• such a connection. Additionally, the Weld County Code only makes allowances to connect 2
(two) mobile homes together.
•
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
April 28,2004,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,
51frea.
•
Bethany Salz an
Zoning Compliance Officer
pc: VI-0200244
Department of Building Inspections
Department of Planning Services
Bruce Barker, County Attorney
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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
I 1555 N. 17th Avenue, Greeley, CO 80631
CPhone: (970) 353-6100, Ext. 3555
O Fax:1r970) 304-6498
COLORADO
April 22, 2004
Mr. & Mrs. Robert Clark
39750 CR 68
Briggsdale, CO 80611
Subject: VI-0200244, Part of the NW4SE4 of Section 22, T6N, R62W of the 6`h P.M., Weld County,
Colorado
Dear Mr. & Mrs. Clark:
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. The potential noncompliance with the Weld __—
County Code is the presence of a "Noncommercial Junkyard" consisting of derelict vehicles. Additionally,
upon research of my case files and computer, I have been unable to find the necessary permits for the second
(2n) residence.
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,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0200244
Building Inspection Department
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
ti i : : I t '11C1`5t ' r� ; t t i tY1C t 'y" � s�� --•
Permit N: IMP01504 • Location 139740 WCR 68
Status::JFlNAL •APPLICANT:!SHARON FERGUSON
Date: 105/21/1982 •
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1 Primary Address 1 General Information
No Di 1 Street Name City Id.. ' Subdivision:I
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Area:I 0.00 Acres:I 40.00
S itus Zoning:1 I I
I_ _ �_____ Census Tract{ Cen Block:I
Primarp Owner information
X Coord:i Y Coati:1
Leaal Description
Name:'CLARK ROBERT F& 6042-D NW4SE4 22 662 J
Address 1:'CLARK SHARON L
Address 2:139750 COUNTY RD 68
Address 3:)BRIGGSDAL.E CO
Address 4:1 w _,
ZIP: 180611 Use Code:I J 1
Phone 1:1 I
? TRA:11007 Exempt:E
Phone 2:1 i Status:t�ACTIVE J Govt Owned:r
Notation:
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lot Weld County Department of Planning Services
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Inspection Report
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WIIDCR 1555 N. 17th Avenue•
Greeley, CO 80631 •
Date of Inspection: j 5404-1
Permit/Case No.: •\)I ' t::,,),
• - Property Owner Name: (_t. t 1 r1
Address:
- ' - - Upon a visual inspection of the property listed above,the following items were
noted:
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Inspection by: ContactName: `
Contact Phone Number: 970-353-6100,Ext. 3540
Copy of this inspection was: o. ``._.: '
Pictures on file: VYes ❑ No
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DEPARTMENT OF PLANNING SERVICES
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Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631 -
Phone: (970) 353-6100, Ext. 3540
cc i cxa DO Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
X ZONING CODE COMPLAINT X Staff/Name: .3!:),' o Citizen 0 Other:
(I( HEALTH DEPARTMENT v ketA Vk&bbek
a WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL
X BUILDING CODE COMPLAINT
o PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: b t • \c33 t-1,,
Pending Case#(i.e.USR,RE, SE,ect...):
Legal Description: X 77. 1 Phi L3 Parcel#: Urn .2 1 •( .1::(">•CltLI
Violation Address: Ng (0CR ( ock
l 1.A1L. }CQt-k 'et ct`b1`fN,CL'(1 Phone:
PropertyOwners Name:
Property Owners Address: t (A) c.4) 1p t k
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: addi}l c?l Y .,1 MIDI VTMF--' i 5- 70 OT (tip- -
Zoning Complaint Referred To: Date:
Building Code Complaint Referred To: Date:
Additional Notes:
AIMS-Citrix ICA Client BQE3
AIMS-Account Maintenance
File Maintenance •
■ Cancel T Mill Levy 51415000
- - Owner Name/Address
Account CLARK SHARON Qi Legal Description ;.
M115378: 39750 COUNTY RD 68 R. 6042-D IMPS ONLY MH NW4SE4 22 662 CHAMPION K
BRIGGSDALE CO 80611
Year District 74-0549522512 D SITUS:39750 68 CH WELD
2002 1007
Apr Dist Sl
A
Parcel Number MH Space Seq
0797-22-0-00-014 2 01 -
Street No Dir Nott Street Name Type
39750 �� 68 CR
Location City ®Location Zip Acct Type Lagt
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WELD Mobile Home - _
BACode Owner Id Owner Location [Map No = —
Business Name (Version .IV.Date : Time " !ID Appl New Version
200204102002041000010-APR-2002 04:53 PM SLM. RWAM 20020620000
El Name ®Tax Alema❑Protest(�: - TYPE . ACTUAL ASSD `ACRES SO FT .. Neal
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® Mobile®Remarks❑Value ; D Orland Gas IMPS 14,448 1,320® 924''
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COMMUNITY HEALTH CENTER , I N C .
FAMILY MEDICAL DEPARTMENT
P.O. Box 1870 • 1028 5th Ave. • Greeley, CO 80632
(970) 353-9403 • FAX (970) 353-0842
TO WHOM IT MAY CONCERN:
L
was seen at Sunrise Community He, Ith Center
Primary Care Department, o I
❑ Parent of patient was here with his/her sick child.
❑ Patient is ill and needs day(s) off to recover.
❑ Patient can return to work/school.
❑ Patient can return to work/school, with the
following restrictions:
❑ should not lift/push/pull more than lbs. for days.
❑ should not stand more than hrs./day.
❑ should not operate machinery or drive for days.
❑ should not participate in P.E. classes for days.
❑ must use Inhaler 30 minutes before Physical Education class or
recess, or every hrs.
❑ must take medication every_ hrs.
❑ Patient needs a Follow-up visit on
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Date {
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EXHIBIT
DATE: June 30, 2004 1
TO: All Neighbors
FROM: Robert, Sharon, Randy, and Dorothy Clark
SUBJECT: Petition To Build Room and Deck.
INTENTION: One (extended) Family dwelling
Due to the forever-changing County Laws we have been denied the appropriate
permits for building a room and deck. The planning office gave us a list of options. One
of those options was getting a petition from all our neighbors to connect the two homes
that have set on our land for the last five years. We would like to join them via a
connecting room. Then we want to put a deck all the way around both homes. We want to
replace shingles and paint the two homes the same color. It will greatly improve the
quantity and quality of our living space. It may increase the value.
The deck will provide Dorothy Clark (71 year old) with a very safe and
appropriate walking and/or exercise area. The room in between the two homes will keep
all us from having to travel in and out to get from one side to the other. The two homes
have been set up to be one. The kitchen is in the east half and the family room is in the
west half. We have included in this petition a drawing of the proposed construction.
We would like to express our sincere thanks for your time and assistance with this
issue.
The Clark Family
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DATE: 6/30/04
TO: County Commissioner
FROM: Robert, Sharon, Randy, and Dorothy Clark
SUBJECT: VI-0200244 and Petition for Permit to Keep Home.
In September of 1998 we got a permit to move a Second home to our land. We
then went in person to the planning office to get the permit to set the Double wide up.
The County informed us that we could not have a second dwelling on the land without
either dividing the ownership of the land and/or making it an adjacent structure. We did
not want to divide ownership as we were simply trying to get enough room for Robert's
Mother and youngest brother to share our home. We decided on the adjacent structure
and the County planner gave us a list of items to comply with. Not being rich people able
to hire someone to do the work it took us until June of 1999 to comply. We went back to
the planning office and showed them we were in compliance only to find out that now we
were not allowed to have an adjacent structure. When we tried to find out why we were
told we could and given the items to comply with the county informed us that no one in
their office would have told us that. They would not issue the permit to connect the two
homes they said that we had to move one of them. We had spent almost $2000.00 to have
the home set up and tied down and skirted. The distance to the other home was less than
the shortest side as per the instructions of the planner; we removed the second kitchen
and the dividing wall and made that a family room. The second bathrooms from both
homes have been removed in order to be in compliance with the septic permit. We left
the planning office and not knowing what to do we did not do anything. We did not hear
from the County again until April of 2004. We have been living in our home traveling out
one door and in another just to get to the kitchen for the past five years.
The County also informed us that we had a non-commercial Junk yard in that
April 2004 letter. We have removed the cars from the land with the exception of a couple
of classics that the men are trying to restore. We have fenced them from view of the road.
We were concerned that the County might have a complaint about our firewood.
We moved the stack of lumber, limbs and logs further from the house and scraped the
ground around it to provide a firebreak between the stack and the house.
In summary we have a very large extended family. Robert has five brothers, one
sister and their families. I have a brother, a sister and their families. We have four grown
children and their families. This is the only way we could ever afford to have enough
space to live and be able to invite family. Living thirty miles from the nearest Hotel
and/or motel does have its drawbacks.
We are now petitioning the County to let us join the two homes via a shared
room. Then we want to surround the entire structure with a deck. This should increase the
property value for our neighbors land and ours.
Sincerely,
The Clark Family
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