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Home My WebLink About20043468.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0100279 AGAINST DAVID AND EUGENIA HARRIS 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, David and Eugenia Harris,VI#0100279, 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 14th day of December, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, David and Eugenia Harris 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 refer said violation back to the Department of Planning Services due to a Recorded Exemption Application submitted by the property owners. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that VI#0100279 be,and hereby is, referred back to the Department of Planning Services. 2004-3468 PL0824 (`l' : FLCa) (//D G/-O& -n5— VIOLATIONS -VI #0100279 - DAVID AND EUGENIA HARRIS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of December, A.D., 2004. BOARD OF COUNTY COMMISSIONERS 4 E /� W D COUNTY, COLORADO �lJ�jj�j/ �_�� 1861 �{�t;:~,�'',` Q Robert D. Masden, Chair !ww[$ o lerk to the Board tfl) `a _ EXCUSED William H erke, Pro-Tem Deputy Clerk to the Board uN M. J. eile R EDP ' FO : EXCUSED David . Long ou rney Qie•(1 Glenn Vaad Date of signature: / D.5 2004-3468 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: David & Eugenia"Kaye" Harris) Violation: VI-0100279 Address: 18636 CR 3, Berthoud, CO 80513 Legal: Part of the S2N2S2NW4 of Section 32, T4N, R68W of the 5`h P.M., Weld County, Colorado Location: East of and adjacent to CR 3 North: Agricultural Zoning with homes South: Agricultural Zoning with homes East: Agricultural Zoning with homes West: Agricultural Zoning with homes Parcel Number: 1061-32-0-00-066 Acreage: 18.75 +/-Acres Certified mail date: November 30, 2004 Received: December 3, 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 and 23-3-30.F and Chapter 23, Article IV(4), Division 3 of Section 23-4-130 and Chapter 29, Article VII(7) of Section 29-7-10 of the Weld County Code. REMEDY To bring the property into compliance a Recorded Exemption application shall be completed and submitted to the Department of Planning Services. Additionally, a new Zoning Permit for the remaining mobile home and building permit application will need to be completed and submitted or the 2nd mobile home will need to be removed. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office, but to delay legal action for 30 days to give them adequate time to complete and submit their Recorded Exemption application. If a complete application is submitted within that time frame Planning Staff will work with the County Attorney's Office for an appropriate additional delay in action pending approval of the application. CASE HISTORY October 15, 2001 Initial complaint received. October 16, 2001 Five day compliance encouragement letter issued. October 26, 2001 Initial inspection completed. July 9, 2004 Property inspected. Property remains in violation. AZ. 4J / 2004-3468 Mr.8 Mrs.Harris Page 2,VI.0100279 July 12, 2004 Hearing conducted before Board of County Commissioners regarding one of the mobile homes (ZPMH-1165). ZPMH-1165 was denied. The Board advised Ms. Harris to apply for a Recorded Exemption. November 22, 2004 Property inspected. Property remains in violation. November 30, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. a DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US up E-mail Address: bsalzman@co.weld.co.us 918 10t"Street, Greeley, CO 80631 CPhone (970) 353-6100, Ext. 3555 O Fax (970) 304-6498 COLORADO November 30, 2004 Mr. & Mrs. David Harris 1.8636 CR 3 Berthoud, CO 80513 Subject: VI-0100279, Part of the S2N2S2NW4 of Section 32,T4N, R68W of the 6th P.M.,Weld County, Colorado Dear Mr. & Mrs. Harris: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on December 14,2004,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." Chapter 23, Article IV, Div 3 "Mobile Homes" Section 23-4-130 "No MOBILE HOME may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each MOBILE HOME located or relocated in the County after said date must have a BUILDING permit for a MOBILE HOME issued pursuant to Chapter 29 of this Code. An application for any zoning or building permit for a MOBILE HOME required by this Division shall include the following:" To bring the property into compliance: A hearing was conducted on July 12,2004 before the Board of County Commissioners to determine re-justification of ZPMH-1165, where the Board denied ZPMH-1165. However,a visual inspection from the road right-of-way,revealed that at least 1 (one)of the mobile homes remains located on the property. To date,the necessary application for a Recorded Exemption,which would split the lot into 2(two)separate buildable lots, has not been submitted. Furthermore,the Board indicated that in order to even possibly keep both mobile homes,after the Recorded Exemption process was completed,a new Zoning Permit application would also need to be submitted for the remaining accessory mobile home. This process would not guarantee approval of all 3(three)dwelling units. Mr.8 Mrs.Harris Page 2,VI-0100278 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, 1:giri\clikkifi.),&.1 Bethany Salzman , u > z° 2 e $ Zoning Compliance Officer ❑ " . n O 2 p D. 0 S • g pc: VI-0100279 a ZPMH-1165 � 2 c Wendi Inloes, Planning Technician i 1 E o j ru Department of Planning Services e g w¢ o ° Bruce Barker, County Attorney A z ❑❑ ❑ a C z m o" v a. co'Liv ru U.S. Postal ServiceTM `� ≥ m m e , 2 o rA . � v aY zddCr y, o m LT, CERTIFIED MAIL,,., RECEIPT N ❑❑ Q ru (Domestic Mail Only;No Insurance Coverage Provided) :) a X to o o cc d us X F.r.elivery int.rmati.n visit.urwe.site at www.us.s.c.m, o E co o m m OFFICiAL USF o D-' co in Postage $ m e m m ru d m B. o o Certified Fee a 1 ` O.ro r o CI Return Redept Fee Postmark .o.c >.m f--1 (Endorsement Required) Here w v c o- 7y. l 0 Restricted Delivery Fee ¢ % •v O 6 r+1 o (ErMoraemaM Required) cd El v p E x O Total Postage 8 Fees $ N m m m A . 8 m .O C J` p c N O Sent t o .- a .o m Q to a Ca o a, o o Bo .- O= O C) I` ..12...._1 nRS..._.RA.YLP HARRIS E s E c m c y - m ¢ orPCao No. 222 5Uo m rn I863k CR H_ x a 8 mQ � ;Pm U � E �Y,Sate,ZIPW m= > cur Q O V. CO ��RRR THr1T1T1 f:^ R()S T'i Etr Tor ~ m w x Z € rr EE EC- W o c 01 m o am¢ o` ¢ mW a @ LL ■ ■ • Z '" PP of a V Weld County Department of A Planning Services c. Ins 918110`" Sport t JOLORADO Greeley, CO 80631 of Inspection: 1k-2z_c.ii-k dt/Case No.: vt, \O\CO 1`"1 erty Owner Name: kip('f F- .ess: ,�`p )l9 C9.3 r a(visual)(on-site)inspection of the property listed above, the following items noted: 1(\i, of Lem YThr) 'c\L p-Y1-Of 1 cTh )ection by: Fjp Contact Name: dtact Phone Number: 970-353-6100,Ext.3555 ry of this inspection was: • tures taken during inspection: Ares O No DEPARTMENT OF PLANNING SERVICES ' PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 111 g C GRE E EY5C COLORADO 8 635 N. 17TH 1 COLORADO April 23, 2004 Eugenia Kaye and David Harris 18636 CR 3 Berthoud, CO 80513 RE: Two accessory mobile homes. Dear Mr. and Mrs. Harris: The Department of Planning Staff met on Friday, April 23, to discuss your request for your two accessory to the farm units located at the above address. One mobile home is permitted under ZPMH-1165, located on the back side of your property, as an accessory farm unit. Staff concurred that there is not enough justification for this use to continue, and has denied the renewal. You do have the option to go before the Board of County Commissioners who would have the final decision on this permit. As to the second home, located at the front of your property, we have been unable to find any zoning or building permits, therefore this mobile home is in violation and a zoning permit would need to be applied for and approved, unless you have additional information on how this was permitted. Again, staff would also be recommending denial of this unit, as this would be the second accessory. This would also go before the Board for a final decision. I am sending you an application for this should you decide to permit it. Should you have further information as to how this was permitted, please provide that to our office. You may also have the option of doing a recorded exemption, also included, that would allow for the newer home to stay on a separate parcel also. Please let us know how you wish to proceed, along with any additional information, within 14 days of receipt of this letter, to avoid any further violations. Should you have any further questions, please contact me at the above address or telephone number. Sincerely, . Latta cia,4.6„ Wendi Inloes Planning Technician II cc: Bethany Salzman, Zoning Compliance TO: Weld Co Dept of Planning FROM: David Wayne & Eugenia Kaye Harris RE: your letter concerning our fifth wheel We have decided to sell our fifth wheel. Our daughter will be taking it to her home in Lyons next week after they return from vacation. That way you can be assured no one resides in it. Sinter H rris ingDep %Netd County pta nnt. •V '&0A October 22, 2001 TO: Weld Co Dept of Planning J� \\(-2, FROM:FROM: David Wayne& Eugenia Kaye Harris �YTO\ RE: V1-0100279 In answer to a letter dated Oct 16, 2001: My Dad stayed in the fithwheel RV trailer for a short time during his visit this summer. He is no longer here, but with my stepsister in Florida. We have drained and winterized the trailer. It is not used as a dwelling. You also speak of the brown mobile home: We applied for and received the variance for that mobile home in 1983. I spoke with Environmental Health and they gave me the septic permit #G19830134 for the mobile home. It is now and has been since 1983 housing for hired hands for our ranch. During my initial phone conversation with Wendi, she said we had to have 80 acres in order to qualify for farm help. This definitely was not the case when we set up our operation and started raising registered Polled Herefords here in 1979 nor was it in 1983 or 1986 when we got the variances for the mobile homes for hired help. However, we now have 90 acres in our ranch operation. It still is not clear to me how rules/codes that came into existence after we invested in our ranch and housing for employees can now change and change our way of life. Our ranch is kept in good repair and has a nice appearance. One can drive down ANY county road and observe mobile homes that appear to be junk. During a phone conversation with Bethany, she said she was not harassing us but following up on anonymous complaints. One of which was that we were renting the addition to our home. That was true over a year ago. We did not know that was against the rules. Since that time it has been used to store our grandson's extensive collection of bicycles. He paid $3000.00 for one used mountain bike and drove to CA to pick it up, so the entire collection is very valuable. He feels much better with them here than in a commercial storage unit. As to the anonymous complaints, I know of but one person that would be trying to cause us grief and that is a past employee that we fired because of drug abuse. We just found out a few weeks ago that she took our small generator when she left and we phoned her to ask for its return. She was very hostile and verbally abusive. I'm not sure how she thinks spreading lies will hurt us or stop us from pressing charges. Maybe her mind isn't as clear as it should be. Monica, thank you for returning my phone message. I'm really sorry I was out. Since everyone else has work loads that don't allow time for returning phone calls, it seems written correspondence is the best way to communicate. However, should you leave a message for us at 970-535-4343 and not receive a reply by the following day,we are probably out of state. Please try to reach us at cell#303-956-0066. Respe tfully, Kaye Harris Copies to: Monica, Wendi, Bethany, Jeff OJT rat OF PLANNING SERVICES x ` SF ne 's p Code Compliance Division � Jebsite: WWW.CO.WELD.CO.US 4ddress: bsalzman@co.weld.co.us a t a =I. 17th Avenue, Greeley, CO 80631 Wig es & s .I Phone: (970) 353-6100, Ext 3540 . . , s �� Fax: (970) 304-6498 COLORADO October 16, 2001 - Mr. & Mrs. David Harris 18636 WCR 3 ' Berthoud, CO 80513 Subject: VI-0100279, Part of the S2N2S2NW4 of Section 32, T4N, R68W of the 6`s P.M., Weld County, Colorado Dear Mr. & Mrs. Harris: 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. The potential noncompliance with the Weld County Code is the utilization of a Recreational Vehicle as an unauthorized dwelling unit. Additionally, upon a visual inspection conducted from the county road right-of-way, there was a tan/brown mobile home, for which we can not find the necessary Zoning or Building permits. Please contact me within five working days of the date of this letter to review these concerns with me. Failure to show progress or close the case will result in a thirty-day violation notice will be issued. 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, nt,#(1t-4* Bethany Salzman Zoning Compliance Officer pc: VI-0100279 Trudy Halsey, Building Compliance Officer Department of Planning Services Bruce Barker, County Attorney is . _. hja SERVICE,TEAMWORK,INTRO xYP.-= I Parcel Table Maintenance F eLf1n• 191 ' [11r3 U6C ate ' ski _ MKey` 680432 -ter. '- � FW x pnm�ry Address..'. -' e =-- �� djrl[�Ueig" ? tr G 3d=.I v "Milan:No bir / St eetNeme...._., C5 __ Tract Select mss -�. _ 18636 3 CR WELD -a .....—�..-..: —:.— y_ . r. -. Cans f .n,BloclC� - Pnfr a Owner lnfor bon es �-� -£ _i 3o$r SGot3d � : ''�_.,' -` ', . _,,,, _kegs(-0escno6a�' _ F72,- . a ..T. _ - N 1e HARRIS DAVID W&EUGENIA K 25872-G 52N2S2NW4 32 4 68 D C BEG N01 DOTE e ss�:L18636 WELD CO RD 3 662.87 FROM W4 COR OF SEC NOl D07'E 143.70' - il - ., 389058'E 606.25'S01 D07'W 143.70'N89D58'W 606 25' '. -IBERTHOUD CO PTO BEG(25R) ": th s4J -" 2 .-80513 _ '�J' :. Ahone=1u - aa 2001 ' i xem tl Ahone-2j -*.-.T---= L --_-..._- 7,§7taiusIACTIVEGa�R{3wrietlrr NotaAon:I -` -, I a klyCompu-c Elmu_i ere 1N�terhat�e- Arc`Heve AI E,- t:itrix,r,3, Clien° _--_- �� j �-{ ® Account Maint1::::::::zn: �❑ _ Owner Neme/At3aress ""�MJly � 230000 `' --_ `"' Network Account HARRIS DAVID W&EUGENIA Kal Description - .. R4702586 18636 WELD CO RD 3 IJeighborhooti 25872-B52N2$2T9'VUROF1r'ECN0BEG.N01D070 ,� - BERTHOUD CO 80513 Year Diabic[ 662-87 �AO}r174 COR TISEC N01DD�r,E 143 7b �...�' 2001 2395 58SD58 E S0&225 S0IDDTW 143.70 N8905BW S06-^s5 , Apr Dist St TO BEG(259151TU5 18636 3 CR WELD 0 A Recycle Sin Parcel Number Mil Space Serf 1061-32-0-00-066 Street No Dir Noll Street Name 10636 3 CR Location City Location Zip Acct Type Lagt _ I I cc:tutiio WELD 0 Agricultural - BACude Owner Id Owner Location Map No — 2314 - Business Name Version 11_Daie Trine ID Appl New Version _ 20010523831=.. 23-MA172001 0-9:9‘,4---..:4PM JSW SOIL 20011015000 Print Screen Pry - =' ACTUAL -ASSD" AERE5 S[1#3. - Dime' [}'''''-:41-'-' ax.ltesa IS BAP,/-7:_c__-„,u: ❑'Pref pn'- - 'N r a O10 °18 7511 6 �: D l�ed [ ( 7c d IN.s Dzt 11 t�o a 54B D Traci QTax Sale ❑ ❑ Hding ma .larci Pnn©screen tl O Bock OMm�x= ` �Tmaging T I T% 123.460 "12910 -7.--r*::: To File Sale`F �9�ib mg. d Hrstop '" -�",...x=- _:=-1'4'r' 7. �-" ❑ketch 1�34rte ❑klaga `�STREET _ .-" .., Current Year•P rm VxrtNi DrA2 - ▪ �'" - .r-& _ a. 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Stmt �GroupWise e,--n-r PSRtv�1Ts . - ._ L f i1CC1 eRe _-: >,IMS`Citriz lC c lien f JBTn PRIv7SCRN _' E� 11 37 AM s.; • cfte:1;;;), DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division pe 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 COLORADO Ct1` Z.�C� Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ❑ ZONING CODE COMPLAINT 0 Staff/Name V Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): Ant carpi 1'1) U❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known) ❑ BUILDING CODE COMPLAINT o PUBLIC WORKS/PEST&WEEDS Date Complaint was received: \Di Pending Case#(i.e.USR,RE,SE,ect...): -� `A \ Legal Description: 331 a atc3U h% ui x a \ `-ttvP1I AO Parcel#: to DA •o•f•OO•bl nl Violation Address: 1%L&\ tOCil._ Property Owners Name: f mJ\\J 1I::) Phone: Property Owners Address: uu llA1 nICI A tb Tenant's Name: Phone: Tenant's Address: �, y (� /U� NATURE OF COMPLAINT: FAXS Lt�t2C(n IA )to not rect c IJCat Viyed iC Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: -1--I-1-iilll _ VI-0Eichler700304 I- V1Th00279 f 1_ $. , Harris D B.._i mi l u ......- 4 i " VI-0100304 Eichler i .. k: :A.A.. `� t�.q a , 4 ►R..<.. ,x . .. 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