HomeMy WebLinkAbout20030409.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST TERRY WORKMAN 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, Terry Workman, VI #0200448, 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 February, 2003, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Terry Workman, property owner, 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 May 11, 2003, to allow adequate time for the property owner to
apply for the proper permits for the single mobile home, and complete the final inspections of
the modular home by the Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0200448 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Terry Workman 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 May 11, 2003, to allow adequate
time for the property owner to apply for the proper permits for the single mobile home and have
the final inspections completed on the modular home.
2003-0409
PL0824
VIOLATIONS -VI #0200448 -TERRY WORKMAN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of February, A.D., 2003.
BO OF COUNTY COMMISSIONERS
WEL UT, COLORAD
ATTEST:
2%�5
vid E Long, Chair
Weld County Clerk th=
1861 1' J`•-`� _ ��
Ro ert D. M den, Pro-Te
BY:
Deputy Clerk to is? f
�....I M. J. eile
O D AS TO F EXCUSED
t2}
Wrke '
unty Attorn
Glenn Vaad
Date of signature: hr
2003-0409
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Mr. Terry Workman
Violation: VI-0200448
Mailing Address: 22460 CR 39, Lasalle, CO 80645
Legal: Lot B of RE-3224 also known as part of the N2SW4 of Section 8, T4N,
R65W of the 6th P.M., Weld County, Colorado
Location:
North: Agriculture/Residential, Lasalle Town Limits (within 2 Miles)
South: Agriculture/Residential
East: Agriculture/Residential, Latham View Estates PUD (within 2 Miles)
West: Agriculture/Residential
Parcel Number: 1055-08-3-00-044 Acreage: 78 Acres
Certified mail date: January 6, 2003 Received: January 9, 2003
Currently the property is in violation of Chapter 23, Article III, Division 1 of Sections 23-3-20 and 23-3-
20.P and Article IV, Division 3 of Chapter 23-4-140 and 23-4-160 and Chapter 29, Article VII of Section
29-7-10 of the Weld County Code.
REMEDY
To bring the property into compliance, the illegal mobile home shall be removed or a Zoning Permit for a
Mobile Home (Accessory to the Farm) permit shall be completed and submitted. Additionally, the
building permit(PR-0130331)for the Principle Dwelling Unit shall be completed or the permit will be
expired and a new permit (and fees)will need to be obtained.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office, but to delay action for 60 days to allow continued progress.
CASE HISTORY
July 5, 2002 Initial complaint received from the Weld County Sheriff's Office.
July 29, 2002 Initial inspection completed.
August 16, 2002 I called Mr. Workman regarding the 2n° Mobile Home.
August 19, 2002 Mr. Workman and his father came to office to discuss violation.
August 19, 2002 Five day compliance encouragement letter issued.
September 13, 2002 Violation letter issued.
October 9, 2002 Property inspected. Property still in violation. 2003-0409
January 6, 2003 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
' WWW.CO.WELD.CO.US
C E-mail Address: bsalzman@co.weld.co.us
O 1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100
COLORADO Fax (970)304-6498
January 6, 2003
Mr. Terry Workman
22460 CR 39
Lasalle, CO 80645
Subject: VI-0200448 and PR-0130331, Lot B of RE-3224 also known as part of the N2SW4 of Section
8, T4N, R65W of the 6th P.M., Weld County, Colorado
Dear Mr. Workman:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on February 11,2003, at 10:00 a.m., to consider the violations
occurring on the property. The above mentioned 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 23-3-20.P "Mobile home subject to the additional requirements of Article IV,
Division 3 of this Chapter."
Chapter 23, Article IV, Div 3 "Mobile Homes"
-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....
Section 23-4-140 "Mobile homes permitted in the A Zone District."
Section 23-4-160 "Temporary Storage."
Chapter 29,Article VII "Mobile, Manufactured or Factory-Built Home Permits"
Section 29-7-10 "Permit required."
-No mobile,manufactured or factory-built home,as defined in this Building Code,may
be located or relocated within the County without a building permit issued by the
Building Official.
To bring the property into compliance:
The illegal mobile home shall be removed or a Zoning Permit for a Mobile Home
(Temporary Storage) permit shall be completed and submitted. Additionally, the
building permit(PR-0130331)for the Principle Dwelling unit shall be completed or the
permit will be expired and a new permit(and fees) will need to be obtained.
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.
Mr.Workman •
Page 2 Hj
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,
� � 0 m
O ° y O L N P.
N p
Bethany Salz an ; p liiD' o
Zoning Compliance Officer o I s`
pc:VI-0200448 d 2
Department of Planning Services 3 . g E q
Bruce Barker, County Attorney 2 w ° e
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SERVICE,TEAMWORK,INTEGRITY,QUALITY
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Weld County Department of Planning Services •
• Inspection Report
P P
1555 N. 17'Avenue
COLORADO Greeley, CO 80631
:� ,.'.... ....•.. - Permit/CaseNo.: V � � � .;.
PropertyOwnerName: �t`�Carkr�n " �� LI
Address: a ltptT (R.
Upon a visual inspection of the property listed above, the following items were
noted:
\CV •C`k \-k ,:vpcsectot-1
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Inspection by: Contact Name `( \
Contact Phone Number: 970-353-6100,Ext. 3540
Copy of this inspection was:
Pictures on file: )(Yes O No
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
O 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. 3540
Fax: (970) 304-6498
WELD COUNTY
ZONING VIOLATION NOTICE
September 13, 2002
Mr.Terry Workman
2 ;l)0 CR 39
_• :?9e, CO 80645
Subject: VI-0200448 and PR-0130331, Lot B of RE-3224 also known as part of the N2SW4 of Section 8,
T4N, R65W of the 6th P.M., Weld County, Colorado
Dear Mr.Workman:
uses on the above described property are being considered as a zoning code violation of Sections et the
Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code:
Chapter 23,Article lll, Div 1 "A(Agricultural)Zone District"
Section 23.3.20 "Uses allowed by right."
Section 23-3-20.P "Mobile home subject to the additional requirements of Article IV,Division 3 of this Chapter."
Chapter 23,Article IV,Div 3 "Mobile Homes"
-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....
Section 23-4-140 "Mobile homes permitted in the A Zone District."
Section 23-4-160 "Temporary Storage."
Chapter 29,Article VII "Mobile,Manufactured or Factory-Built Home Permits"
Section 29-7-10 'Permit required."
-No mobile,manufactured or factory built home,as defined in this Building Code,may be located or relocated within
the County without a building permit issued by the Building Official.
To bring your property into compliance with the Weld County Code:
The illegal mobile home shall be removed or a Zoning Permit for a Mobile Home(Temporary Storage)permit shall be
completed and submitted. Additionally, the building permit (PR-0130331) for the Principle Dwelling unit shall be
completed or the permit will be expired and a new permit(and fees)will need to be obtained.
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 , September
13,2002,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.
Mr. Workman
Page 2
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��
Zoning Compliance Officer
pc: VI-0200448
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
(T1(: "N,H‘:,
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
I 1 ill 9 C Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
August 19, 2002
Mr. Terry Workman
22460 CR 39
Lasalle, CO 80645
Mr. Wallace Kaufman
22500 CR 39
Lasalle, CO 80645
Subject: VI-0200448 and PR-0130331, Lot B of RE-3224 also known as part of the N2SW4 of Section 8,
T4N, R65W of the 6`h P.M., Weld County, Colorado
Dear Mr.Workman & Mr. Kaufman:
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
location of an illegal mobile home. The illegal mobile home was originally located on the property pending a
Recorded Exemption. The illegal mobile home was removed thus allowing the plat to be recorded. However,
since that time,the illegal mobile home has returned.
Please contact me within five working days of the date of this letter to review these concerns with me. Failure
to show progress or to close the violation, will result in a thirty-day violation notice being 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,
Betha �Jl
Y Salzm
Zoning Compliance Officer
pc: VI-0200448
PR-0130331
Department of Building Inspections
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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Parcel Table Maintenance
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Parcel No�1055-0 =- 110-1144 ; -1:,1.8.'
Alt Key , - Late ReMar Bade -Ewe �..
.� P imaryAddress -General Infermatren
No ' Dir,I.:StreetName cytd`, I: Subdivision?
Lot]
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WELD
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primary Owngl Information _ ``
X Coerd:) =Y Coord;I
LegelDesaiption
Name:JICAUFMAN WALLACE I& PT N2SW4 6-4-65 LOT B REC EXEMPTION RE 3224 -.11.
Address 1-IKAUFMAN DOROTHY J (.81 R)SITUS:WELD .
Address 2:122500 COUNTY RD 39
Address:3:'LASALLE CO
Address:4) _11
Zip")80645 Use Code:) � 1_......
Phone 1.I TRA:I0139 Exempt r'
Phone 2:1
Ne ason:I I StatusiACTIVE ' Govt Owned'(
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Permit N: 'VI-0200448 Address:x2460 CR,39 ..WEL
Status. ICOMPLNT APPLICANT:[WORKMAN TERRY
Date: 108/1P'''.0,9, _-
' M. Base Information ®� i.
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Dese icreen P• .Parcel N•.o; 11.055 Q3OQ-044 -
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Status: FCOMPWT j •- • Written By;'°IBJS Sec/Twn/Rng: 108 04 65
I ;• ; Description;_Jlllegat mobile home
- Location::122460 CR39 WEL -
s ,pLy Zoning Dist AGRt Inspection Area V3 Permit Num: JPR-0130331 _
* �y " AppType: [WCV •(BGV=BLDNG V10,VI=ZONING VIO;WCV=WELD VIO bcv+vi")
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DEPARTMENT OF PLAN
NING SERVICES
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
'( Phone: (970) 353-6100, Ext. 3540
\JS � L Fax: (970) 304-6498
COLORADO
•
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
X ZONING CODE COMPLAINT k Staff/Name: o Citizen O Other:
o HEALTH DEPARTMENT Citizen's Name(If known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
o BUILDING CODE COMPLAINT
o PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: Di KNOZ. T7
Pending Case#(i.e.USR,RE,SE,ect...): Y 'Ct�i ifs,
Legal Description: LcA- cC Qt.'?JZZ4',1t32,` 0-4 oP `S&T0, e_t 05 Parcel#: ICY•a•08• CO'C]yU
Violation Address: aat4 I.on (2.—#9:\
Property Owners Name: \1ALlcrt-NCI f l o%u JC=L'. `C. t)C(CMAt ` Phone:
Property Owners Address: as Ctfacl. La5-ralc, C 17 %Ctpt-k5
Tenant's Namb d: )oY1Lrn in \--6f t-tit Phone:
Tenant's Address: c9a4Ub Lt. , C O�DI0�CI
NATURE OF COMPLAINT: -rkliro QENNelni 4c !Ac'cno
Complaint Referred To: Date:
Complaint Referred To: Date:
Additional Notes: 1S•Cre' Accc
1111111 1111111111 11111111 Ill 1111111 11 10111111111
2970502 07119/2002 01:47P Weld County, CO
5O2 1 of 1 R 6.00 I) 17.50 J.A. "Sai"Tsukamoto
Warranty Deed
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the
'property') from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individuals)
or entity(ies)named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except
for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-
way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any
protective covenants and restrictions shown of record(6)any additional matters shown below under'Additional Warranty Exceptions',
and(7)subject to building and zoning regulations.
D.F.
317.50 The Specific Terms of This Deed An:
Grantor, (Give rote(:)and plugs)of residence;if the spouse of the owner-grantor is joining in this Dad to release homestead rights,Identify gremors as
husband and wife.)
WALLACE I. KAUFMAN AND DOROTHY J. KAUFMAN
Grantee: (Give name(:)and address(a);statement of address,Including available mad or street numher.)
WORKMAN FARM LLC, A COLORADO LIMITED LIABILITY COMPANY
P.O. BOX 275, LASALLE , CO 80645
Form of Co-Ownership: (if there are two or more grantees named,they will be considered to take as tenants in common unless the words'in joint
tenancy'or words of the same meaning are added in the space below.)
Property Description (Include county and stale.)LOH 1/2 OF THE SW
1/4 OF SECTION 8,TOWNSHIP 4 NORTHXEMPTION NO. ,RANGE 6 5 WEST OF EING A PART
THEF6TH�P.M.TWELD COUNTY,
COLORADO,PER MAP RECORDED MARCH 26, 2002 AS RECEPTION NO. 2936552.
Property Address: 22500 WCR 32 btr3AALWO& 80615 S::"Qt '/U j* , b'/ t:
Consideration: (The statement of a dollar amount Is optional,adequate consideration for this deed will he presumed unless this conveyance is identified
as a gift. In any case this conveyance is absolute,final and unconditional.)
ONE HUNDRED SEVENTY.FIVE THOUSAND AND 00/100
Reservations-Restrictions: Of the GRANTOR intends to reserve any interest in the property or to convey less than is owned,or if the GRANTOR is
' restricting the GRANTEE'S right in the property,make appropriate indication.)
Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.)
Executed by the Grantor on JULY 18, 2002 Signature for Individual(:):
Signature for Corporation,Partnership or Association: '�y/{� �J gna ./sue divi ual(s):4
Name of Grantor: Corporation,Partnership or Association WALLACE I.KAUFMAN Grantor
By K Grantor
By DOROTHY J.KAU AN / Grantor
Angst:
STATE OF COLORADO err.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 18th day of JULY, 2002
By* WALLA N AND DOROTHY J.KAUFMAN i
euc �._
WITH Sang hand its.
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My co rolg0on e> '#7AY! 5 y Public
,TAT OF'. GP c: 1221 2TH AVE, LEY C 0631
COUNT' OF �� -0,--v, se.
The foteBQinzj tstrument wo nowledged before me this day of
-. By try;t it
("tame individual Grantor(s)or if Grantor is Corporation,Partnership or Asaneleion,then identify signers as president or vice president and secretary
or assistant secretary of corporation;or as partner(s)of partnership;or as authorized member(s)of association.)
WITNESS my hand and official seal. Notary Public
My commission expires;
0 1981 UPDATE LEGAL FORMS WCTC No.201-L
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