HomeMy WebLinkAbout20031755.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
VI #0300013 AGAINST TED THYNE 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, Ted Thyne, VI #0300013, 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 8th day of July, 2003, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Ted Thyne 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 Ted Thyne 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.
2003-1755
PL0824
(1C : PI- �?), G 11 en
VIOLATIONS - VI #0300013 -TED THYNE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of July, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ijD�'//!/Q:(ei EXCUSED
vid E. ng, hair
Weld County Clerk to the Board
Robert D sden, Pro-Tem
•
rk to the Board
1861 t iirst9 M. J. Geile
•
TO itt .7V1'11
William H. Jerk
ounty Attorne pa vb
Glenn Vaad
Date of signature: 9.--/Y-C3
2003-1755
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Mr. Ted Thyne
Violation: VI-0300013
Address: 46990 CR 100, Briggsdale, CO 80611
Legal: Part of the E2NE4 and NE4SE4 of Section 35, T9N, R61W of the 6th P.M., Weld
County, Colorado
Location:
North: South of and adjacent to CR 100
South: Approximately 4 ''A miles North of Highway 14
East: West of and adjacent to CR 95; approximately 4 miles West of Keota
West: Approximately 32 miles East of Nunn
Parcel Number: 0465-35-1-00-006 Acreage: 116.38 +/-
Certified mail date: June 13, 2003 Received: June 19, 2003
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20 and
23-3-30 and Article IV(4), Division 3 of Sections 23-4-130, 23-4-140 and 23-4-150 of the Weld County
Code.
REMEDY
To bring the property into compliance, a Zoning Permit for a"Temporary During Construction" and a
building permit for a Principle Dwelling Unit would need to be obtained or the Recreational
Vehicle/Camper-Trailer shall be abated as a dwelling unit.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office, but to delay action for 30 days to allow additional time for Mr. Thyne to submit the necessary
applications or the Recreational Vehicle/Camper-Trailer shall be abated as a dwelling unit.
CASE HISTORY
January 24, 2003 Initial complaint received.
January 27, 2003 Initial inspection completed by George Carroll, Weld County Building Inspector.
February 3, 2003 Five day compliance encouragement letter issued.
April 2, 2003 Violation letter issued.
June 13, 2003 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
June 19, 2003 Received certified mail receipt.
2003-1755
a
rat
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
' WWW.CO.WELD.CO.US
E-maO 1555'l Address:N. 17th bsalzman@co.weld.co.us
Avenue, Greeley, CO 80631
Phone (970) 353-6100
COLORADO Fax (970) 304-6498
June 13, 2003
Mr. Ted Thyne
46990 CR 100
Briggsdale, CO 80611
Subject: VI-0300013, Part of the E2NE4 and NE4SE4 of Section 35, T9N, R61W of the 6th P.M., Weld
County, Colorado
Dear Mr. Thyne:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on July 8,2003,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 III, Div 1 "A (Agricultural) Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
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 permit for a mobile home required by this Division
shall include the following:..."
Section 23-4-140 "Mobile homes permitted in the A Zone District."
Section 23-4-150 "Temporary use during construction of residence."
To bring your property into compliance with the Weld County Code:
As we have discussed, a Recreational Vehicle (RV)/Camper-Trailer is not an approved use
as a dwelling unit. The only permitted use for a RV as a dwelling unit, is as a "Temporary
During Construction". For this to occur a Zoning Permit for a Mobile Home and a building
permit for the new residence would need to be completed and submitted. Otherwise, the RV
shall be abandoned as a dwelling unit. As a result of lack of inspections,your electrical permit
(ELN-021047)is on the verge of expiration. Once the property is brought into compliance,you
must call for a final inspection regarding your electric permit(ELN-021047).
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 Tight have about the violations.
P!ease also be advised that I will be taking video and/or pictures from the road or adz :. property is the
ousiness day before or as soon as possible to the above men: ,,red Violation Hearing cr:
lei. I nyne
Page 2,VI-0300013
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;)- 341Bethany Salzman q kin x
Zoning Compliance Officer 2 g 'CJ
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pc: VI-0300013 ' � 0
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ELN-021047 < o NLei
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Peggy Gregory, Building Compliance Officer oTs 5
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Department of Planning Services " iBruce Barker, County Attorney ft In m o
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Ln Recipient's Name (Please Print Clearly)(To be completed by mailer) ~ N N E N U W Iii N
MR. TED THYNE a°a E o nu z o :a
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SERVICE,TEAMWORK,INTEGRITY,QUALITY
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' DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Q 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
April 2, 2003
Mr. Ted Thyne
46990 CR 100
Briggsdale, CO 80611
Subject: VI-0300013, Part of the E2NE4 and NE4SE4 of Section 35, T9N, R61W of the 6`h P.M., Weld
County, Colorado
Dear Mr. Thyne:
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."
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 permit for a
mobile home required by this Division shall include the following:..."
Section 23-4-140 "Mobile homes permitted in the A Zone District"
Section 23-4-150 "Temporary use during construction of residence."
To bring your property into compliance with the Weld County Code:
As we have discussed,a Recreational Vehicle (RV)/Camper-Trailer is not an approved
use as a dwelling unit. The only permitted use for a RV as a dwelling unit, is as a
"Temporary During Construction". For this to occur a Zoning Permit for a Mobile Home
and a building permit for the new residence would need to be completed and submitted.
Otherwise,the RV shall be abandoned as a dwelling unit. Once the property is brought
into compliance,you must call for a final inspection regarding your electric permit(ELN-
021047).
mr. I nyne,v l-uuutan 3
Page 2
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
2, 2003, 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,
≥YSalzman
Zoning Compliance Officer
pc: VI-0300013
ELN-021047
Deb Blandin, Department of Public Health and Environment
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK.INTEGRITY,cr_.LiTy
WELD COUNTY
BUILDING INSPECTION
CORRECTION NOTICE
PERMIT NUMBER: 71 O fl..Z PAGE OF
NAME/OWNER: Igo 't
PROPERTY ADDRESS/LEGAL �'J I4 I g o C R 1 0
INSPECTIONS OF THIS STRUCTURE REVEALED THAT THE FOLLOWING IS NOT IN
COMPLIANCE WITH THE WELD COUNTY BUILDING CODE ORDINANCE. -
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G-. rte. ley, CO . g'o(3 I
❑ CORRECTIONS MUST BE MADE BEFORE: A0 ,t ) $ OCT Up J-Q,d
❑ REINSPECTION REQUIRED. WHEN CORRECTIONS ARE MADE,PLEASE CALL FOR
REINSPECTION. (970)356-8016 OR 1-800-234-2534.
❑ REINSPECTION FEE REQUIRED BEFORE THE NEXT INSPECTION.
❑ THIS PERMIT EXPIRES ON: f] �ry
INSPECTOR 6-4-0Py Cr4 r no// DATE ) - 7'03
IF YOU WISH TO SPEAK TO AN INSPECTOR, CALL:
'370)353-6100, EXT. 3540, BETWEEN 7:30 A.M.AND 8:30 A.M.
{
DO NOT REMOVE THIS CORRECTION NOTICE
•
f Irlio;
DEPARTMENT OF PLANNING SERVICES
Cade Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
COLORADO• Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS c
Complaint Initiated by:
ZONING CODE COMPLAINT ❑ Staff/Name: X. Citizen C Other:
HEALTH DEPARTMENT Citizen's Name(If known):
WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
BUILDING CODE COMPLAINT
PUBLIC WORKS/PEST&WEEDS a
Date Complaint was received: �— t- 3
iding Case#(i.e.USR,RE,SE, ect...):
gal Description: 1 Parcel#: - 3 - Q rl U-Q 3
olation Address: t_1 Co c C (. 7 SC:? \ t C-41 C�
`I3 ) L
aperty Owners Name: ORe: —
(
operty Owners Address:
nant's Name: Phone:
:nant's Address:
ATURE OF COMPLAINT: Le.' R / i ,.>i vp� C„ t .o r✓�i`�. P1
vtiC N �ti Le.>cc-kir"( Twlo � l `
amplaint Referred To: ,Q ^C JI ( ) t 4ate: ' n[ L ` U 3
amplaint Referred To: 2 Z L R Date: ( — 17- u Th
.'.ditional Notes:
•r. '"� T� 1555 N. 1•/
l .,,Avenue •
1_
Greeley, CO 80631 1:
4J 3
COLORADO ti01/Q 1(1t(t
47/
(Ai)
• Mr. Ted Thyne Weld County Planning Department
207 Spruce Street GREELEY OFFICE
Log Lane Village, CO 80705-4817 FEB 1 8 2003 �
thin e' RECEIVED
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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
17th Avenue, Greeley, CO 80631
C. 1555 N.Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
February 3, 2003
Mr. Ted Thyne
207 Spruce Street
Log Lane Village, CO 80705-4817
I
Mr. Ted Thyne
46990 CR 100
Briggsdale, CO 80611
Subject: VI-0300013, Part of the E2NE4 and NE4SE4 of Section 35, T9N, R61W of the 5th P.M., Weld
County, Colorado
Dear Mr. Thyne:
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 utilization of a camper/trailer-Recreational Vehicle as a dwelling unit. In Weld County
a camper/trailer-RV is not allowed to be utilized as a dwelling unit, unless, it has been approved as a
"Temporary During Construction". For this to occur,a Zoning Permit for a Mobile Home shall be completed
and submitted for review; otherwise the camper/trailer-RV shall be removed and abandoned as a dwelling
unit.
Please contact me within five working days of the date of this letter to review these concerns with me.
Failure to close this violation or efforts to show progress, 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,
ti.,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0300013
ELN-021047
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QCAL:TY
a
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
liD
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
O1555 N. 17th Avenue, Gre6ley, O 80631
O Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
February 3, 2003
Mr. Ted Thyne
207 Spruce Street
Log Lane Village, CO 80705-4817
Mr. Ted Thyne
46990 CR 100
Briggsdale, CO 80611
Subject: VI-0300013, Part of the E2NE4 and NE4SE4 of Section 35, T9N, R61 W of the 6t" P.M.,Weld
County, Colorado
Dear Mr. Thyne:
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 utilization of a camper/trailer-Recreational Vehicle as a dwelling unit. In Weld County
a camper/trailer-RV is not allowed to be utilized as a dwelling unit, unless, it has been approved as a
"Temporary During Construction". For this to occur, a Zoning Permit for a Mobile Home shall be completed
and submitted for review; otherwise the camper/trailer-RV shall be removed and abandoned as a dwelling
unit.
Please contact me within five working days of the date of this letter to review these concerns with me.
Failure to close this violation or efforts to show progress, 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,
ti
Bethany Salzman
Zoning Compliance Officer
pc: VI-00300013
ELN-021047
Department of Planning Services
sEERv:CE,TEAMWORK,INTEGRITY,QUAL:T!
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Permit N: [VI.0300013 Address:146990 CR 100 WEL L
Status: {COMPLNT APPLICANT:ITHYNE TED
Date: 101/31/2003 Back stop r 4
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Parcels Parcel No: 10465.35-1-00-006
People Owner: RTHYNE TED r •
Status: {COMPLNT J Written By: BJS Sec/Twn/Rng: {35 09 61
Description: {Camper/Trailer as dwelling unit
Location: 146990 CR 100 WEL
Zoning Dist: AGRI Inspection Area V5 Permit Num: IELN-021047
App Type: [WCV J (BCV=BLDNG VIO,VI ZONING VIO,WCV=WELD VIO"bcv+vi")
Class Code: VI-13
JOSE NOT ALLOWED
Complaint: 101/24/2003 Init: JBJS NO VI: i—/_/_ 'nit: ( ' ...—
5 Day Letter: 01/31/2003 Init: 18J ;
Issued: _/ /_ Init: r-- :.
Inspection: 01/27/2003 'nit: EGC 1101
8 CC Vio: __/_/ I nit: 7--
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Court: __./,_/ In nit: J
Closed BCV: / / Init: 1 Closed VI: I_/_, 'nit: I `4..r
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DEPARTMENT OF PLANNING SERVICES
dg mi Code Compliance Division
�c 1555 N. 17th Avenue, Greeley, CO 80631
//^-�� � Phone: (970) 353-6100, Ext. 3540
COLORADO �� V Fax: (970) 304-6498
• ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
$ ZONING CODE COMPLAINT a StafG'Nanre: 1( Citizen O Other:
X HEALTH DEPARTMENT Citizen's Name(Ifknown):
WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
X BUILDING CODE COMPLAINT
PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: ("Z A'C).7J
?ending Case#(i.e. USR, RE, SE,ect...): ' 'batot{1 \
Legal Description: Caet� et k L.4 9 C v \a��Likw Parcel #: •2?)- V•00 C`-CAO
Violation Address: LICYkQo C t l C ,"B ,1[x'1 d ,�a i Cm pkk
Property Owners Name: -11(-9114- 1 kept J Phone:
1 Property Owners Address: ae (Z ICQ- . �,l Y� LakruArtLia e.1 (•
Tenant's Name: Phone:
Tenant's Address:
VATURE OF COMPLAINT: K., - Cara c:ZPIE I3 1Cl@ tcY rY PI QJ l xti A an 8 1k
:omplaint Referred To: Date: •J
,:mplaint Referred To: Date:
additional Notes:
1111111111111111111111111111111111111111111111111111111
2910319 12/1912001 01:04P JA Suld Tiulamolo _
319 1 of 2 R 10.00 0 4.70 Wald County CO
WARRANTY DEED
THIS DEED, Made this 10th day of December, 2001 between
The Ronald W. Thomas and Raymond Wayne Thomas Charitable Remainder Annuity Trust, a
Trust and Colin P. Lindsey
of the County of Weld and
State of Colorado, grantor, and
Ted Thyne
whose legal address is 207 Spruce Street, Log Lane Village, Colorado 80705-4817
of the County of Morgan and State of Colorado, grantees:
WITNESSETE, That the grantor for and in consideration of the sum of FORTY SEVEN
THOUSAND AND 00/100, ($47,000.00) Dollars, the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, coney and confirm unto 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,
(kj` The E1/2 of the NE1/4 and the NE1/4 of the SE1/4 of Section 35, Township 9 North,
111 Range 61 West of the 6th P.M., County of Weld, State of Colorado.
a1� ,
also known by street and number as TED, Hriggedale, Colorado 80611
TOGETHER with all and singular the hereditaments and appurtenances thereto
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 whatsoever of the grantor, either in law or equity, of in
and to the above bargained premises, with the hereditaments and appurtenances.
TO RAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for
himself, his 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
unsealing and delivery of these presents, ha 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 same
are free and clear from all former and other grants, bargains, sales, liens, taxes,
ments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2001 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
Subject property is restricted by deed restrictions, not permitting a single wide mobile
home as permanenant residence. Single wide mobile home may be used as temporary
residence subject to Weld County Rules and Regulations.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession 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 be applicable to all genders.
I W .
TNES,q WHEREOF the grantor has executed this deed on the date set forth above.llt
NI ` . i The ald W. Thomas and Raymond Wayne
A! Thomas Charitable Remainder Annuity
Colin P. Lindsey _ rus , a Tr s _
Jim Webster, Trustee
STATE OF COLORADO }
} as. The for going instrument was acknowledged before
County of Adams ) me this 10th day of December, 2001
by The Ronald W. Thomas and Raymond Wayne Thomas Charitable Remainder Annuity Trust, a
Trust
Witness my hand and official seal,
\ E M• Dr aion expir 'l'�
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No. IA. 2• •4v0r-te e
kjCaMiliteLS$10O20'
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2910319 12/19/2001 01:04P JA Suitt Tiukamoto
2 of 2 R 10.00 0 4.70 Weld County CO
STATE OF Kansas
, eB
COUNTY
The foregoing instrument was acknowledged before me this '74
day of December, 2001 by Colin P. Lindsey
Witness my hand and official seal.
My commission expires: afs/o7
NANCY R. HUGHES _
NOTARY PUBLIC ���
STATE OF KANSAS iYfD'1'tJ Y PUSt
m'eDpeinonentexptee
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