HomeMy WebLinkAbout20032866.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST ROBERT PENNINGTON 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 Pennington, VI #0300177, 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 14th day of October, 2003, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Robert Pennington 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 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 November 18, 2003, to allow adequate time for the property
owner to remove the temporary buildings.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0300177 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Robert Pennington 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 November 18, 2003, to allow
adequate time for the property owner to remove the temporary buildings.
2003-2866
PL0824
VIOLATIONS - VI #0300177 - ROBERT PENNINGTON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of October, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST: 1 / / 4(/i E L .
�►�f� �, D id E. Long, Chair
Weld County Clerk to th y&o- I`
■ i861 014V
1 Robert D asden, Pro-Tern
BY:
w \J
Deputy Clerk to the B'�i
M. J. Geile
APP AS TO F -1-, % V/we'
Willia H. Jerke
Attorney
Glenn VVaa c—
J0/
Date of signature: 3�
2003-2866
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Mr. Robert Pennington
Violation: VI-0300177
Mailing Address: PO Box 401, Brush, CO 80723
Situs Address: 22605 CR 4
Legal: Lot B of RE-3408 also known as part of the SE4 of Section 26, T1 N, R65W of the
6th P.M., Weld County, Colorado
Location:
North: Approximately 3 %miles South of Hudson Town limits
South: North of and adjacent to CR 4
East: Approximately'%mile West of CR 47 _
West: Approximately'%mile East of CR 45
Parcel Number: 1473-26-4-00-039 Acreage: 6.93 Acres
Certified mail date: September 18, 2003 Received: September 22, 2003
Currently the property is in violation of Chapter 23, Article III(3), Division 1 of Sections 23-3-20, 23-3-30,
23-3-40 and 23-3-40.R of the Weld County Code.
REMEDY
To bring the property into compliance with the Weld County Code, the"temporary"structures shall be
removed from the property or a Use by Special Review application shall be completed and submitted to
the Department of Planning Services.
RECOMMENDATION
The Department of Planning Services that this case be referred to the County Attorney's Office, but to
delay legal action for 30 days to allow additional time for the property owner to have the structures
removed from the property or to submit a completed Use by Special Review application to the Department
of Planning Services for review.
CASE HISTORY
July 29, 2003 Initial complaint received.
July 29, 2003 Initial inspection completed by Fred San Martin, Building Inspector.
July 29, 2003 Five day compliance encouragement letter issued.
August 4, 2003 Violation letter issued.
September 15, 2003 Property inspected by Fred San Martin. Property remains in violation.
September 18, 2003 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
September 19, 2003 Property inspected by Fred San Martin. Property remains in violation.
2003-2866
..... . . _ . .h �..
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AttWeld County Department of Planning Services
Inspection Report
wipe 1555 N. 17th Avenue
coWRADO Greeley, CO 80631
Date of Inspection: Ck tq'O'J
Permit/Case No.: JI O X)iri rt
Property OwnerName: Vn6.cs o ' , RpNaCnA-
Address: aa, J C
Upon a visual inspection of the property listed above, the following items were
noted:
LP cry 1/4241-1,e 'Sy U lJ Ll >SY1 1R. (YtoP¢ n-k-tx
' 1
Inspectionby:1k Contact Name:--Ptyli—y{n
Contact Phone Number: 970-353-6100, Ext. 3540
Copy of this inspection was:
Pictures on file: O Yes kNo
1
Mr. Pennington
Page 1 of 2, VI-0300177
cr
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
' E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100
O Fax (970)304-6498
COLORADO
September 18, 2003
Mr. Robert L. Pennington
PO Box 401
Brush, CO 80723
Subject: VI-0300177, Lot B of RE-3408 also known as part of the SE4 of Section 26,T1 N, R65W
of the 6th P.M., Weld County, Colorado
Dear Mr.Pennington:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on October 14, 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 lil, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-40 "Uses by special review."
Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use
by Special Review in the Commercial or Industrial Zone Districts, provided that the
property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions. PUD development
proposals shall not be permitted to use the special review permit process to develop."
To bring the property into compliance:
As we have previously discussed, the "Temporary' storage of structures, is not an
allowed use per the Weld County Code. Therefore,to bring the property into compliance
a Use by Special Review application shall be completed and submitted to the
Department of Planning Services or the structures shall be removed. Please keep in
mind that if they have been removed before October 13, 2003, you will not need to
attend the Violation Hearing the following day. However, if you need additional time,you
can request so from the Board of County Commissioners on October 14, 2003.
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.
Mr. Pennington
Page 2 of 2, VI-0300177
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,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0300177
Department of Planning Services
Bruce Barker, County Attorney - .
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DEPARTMENT OF PLANNING SERVICES
C 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
August 4, 2003
Mr. Robert L. Pennington
PO Box 401
Brush, CO 80723
Subject: VI-0300177, Lot B of RE-3408 also known as part of the SE4 of Section 26, Ti N,
R65W of the 61° P.M., Weld County, Colorado
Dear Mr. Pennington:
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."
Section 23-3-40 "Uses by special review."
Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a
Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions. PUD development proposals shall not be
permitted to use the special review permit process to develop."
To bring your property into compliance with the Weld County Code:
As we discussed, the"Temporary" storage of structures, is not an allowed use per the Weld
County Code. It is our belief, that your intention is to have the structures removed within 30
days from the date of this letter. We also discussed, the fact that the property will remain in
violation until they have been removed,thus, placing the building permit(BCS-030060)on hold
regarding the final Certificate of Occupancy (CO). Thank you for your prompt attention in
correcting this matter.
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
August 4,2003,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 3C.an.
Mr.Pennington
Page 2,VI-0300177
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 Salzm n
Zoning Compliance Officer
pc: VI-0300177
BCS-030060
Peggy Gregory, Building Compliance Officer
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
1555 C N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
July 29, 2003
Mr. Robert L. Pennington
PO Box 401
Brush, CO 80723
Subject: VI-0300177, Lot B of RE-3408 also known as part of the SE4 of Section 26,Ti N, R65W of the 6th
P.M., Weld County, Colorado
Dear Mr. Pennington:
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 noncompliance with the Weld County
Code is the presence of structures without valid building permits. Additionally, the type of the structures
constitute Zoning Violations. While it has been brought to our attention that this was intended to be a
"temporary"situation,this is not a use that is allowed by the Weld County Code. Please be advised that this
violation also places a "notice" on your current building permit (BCS-030060); thus, ensuring that until this
issue has been resolved, a "Certificate of Occupancy"will not be issued.
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,
�If]dY1�A ,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0300177
BCS-030060
Peggy Gregory, Building Compliance Officer
Department of Building Inspections
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY QUALITY
Identify Results Page 1 of 1 •
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R2159903 Parcel#: 147326400039
Tax Area: 2497 Bordering County:
Acres:
Township Ranae Section Quart.Sec. Subdivison Name Block# Lot#
01 - 65-26-4 --
Owners Name&Address: Property Address:
PENNINGTON ROBERT L Street: WELD
P O BOX 401 City:WELD
BRUSH, CO 80723
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
1/15/2003 $79,000 WD 3024335
Leaal Description
PT SE4 26-1-65 LOT B REC EXEMPT RE-34O8 (.56R)
No Buildings on Parcel
http://maps.memck.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14732... 07/29/2003
• Parcel Table MaintenanceL'-':!=7:-a
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;, .x„w± ,:^uAtt7"tis e �.
'Parcel; tins -Qr `;F
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No . Dili',vS reef e � '
...37'."7..! -_:;.:r1'.re- -^ �' Afea 0-00 Acr ss 6.93
r� f4 t�-
t Silus •-'� j I i`� •i ' Zoning•AGRI 1
22605 CR 4 �; Cea " a+' ,Cen1l c -4.
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Pna"Cher l a ^,+ rd aYCnord i
I 9 Baal Oelojint on a 3
'r Nam ; PENNINGTON ROBERT L PT SE4 26-1-65 LOT B REC EXEMPT RE-3408[56R) Y
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Addressl IP0 BOX 401
AddresIBRO6H CO `_'
, ddressz3;;I . .,
Address A I - _
180723 Use Code:I I
Ht,V'PPhane -TA Ekem E`er.
a tom+` tx".“ z a- -,,, , .�..t x - -- ,
- ... ,.',.....-"0-4.•'tl .- Acbre z €`.
SlatFis� GEDmned
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4 :Yifi VPrs: 101 violation Sub-Type:WCV(Activity) MIrt,, - 7 73 , ',.-;;;:..,..17.;24;477:......
Permit N: VI-0300177 Address:(22605 CR 4 WEL -
Status: COMPLNT APPLICANT: ROBERT L
Date: 07!29!2003 __ -- •BaoP r---
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�'De5C S cde _toc Cond .j)HIN Insp �i�rr :Relate
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I I $ase information `
it(: - Update ( 1.1 Ekit Baa
{.;' Panel No: 114-73-26-4-00.-039::':.:-
NR 6 _
. � Owner �RENNlN�TO ROBERT L -::- :`.
. _..- _ Status: COMPLNT L( Written B�+: BJS Sec/Twn/R.rig . 26.01 65
- Description: 1Moved in structures wlout permits(apartment stct)
, .' Location: 122605 CR.4_ WEL
" �; k"-?Y , �-4-4 - Zoning Dist AGRI,r 'j - nspectionArea: V2 Permt Num:
«: ,, ., ' $' K i App Type: IWCV (BCV=BLDNG VI0.V1.Z0NING yip.wcY.WELD VIO "bcv+vi") - .
_. ..---::-;:.--.:*-:',.:;1, Class Code: VI-13
- -' :. .: 'USE NOT ALLOYED,--:.L.,;_-_:-.., -
- Complaint 07!29!2003_ Ink:- BJS NO VI: _/_/_ Iru't.
>_: .: . :. -;::5 Day Letter: 07129!2003 =`. Ira: ELMS -
Issued __
- -- --!_! !nit: r---r •::_
inspection: 107/23/2003 Init.. Fred -_ .. _ _ -
<.-':BCC Vio: •..'''' Init:
-
Court _17-7—_ _____ :.!nit r=
`°:' `_:;':_Closed BCV: _/_l_ ".Irt : 1 Closed.Vi: r_717-1----:._. ; ..Irrk: __
,I i
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
"UDC
��t;\7\ 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970)353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO , "
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
ZONING CODE COMPLAINT ❑ Staft7Name: y. Citizen 0 Other:
HEALTH DEPARTMENT Citizen's Name(If known) el.ei
WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): k1 -5? LCi-Iq r•
X BUILDING CODE COMPLAINT
PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: `1-o -b3
Pending Case# (i.e. USR,RE, SE,ect...):
Lit E�i RC-NO-11
Legal Description: ?.S\ Oc- .CX.tC T1kQ1P5I3 Parcel#: ky—[ 'ate' y-DO`O'A
Violation Address: oL/)5 4
Property Owners Name: Wins .1 rnkm t Qr :tk L. - Phone:
Property Owners Address: eye'?r s.. 401 ?1Um, Co St-1,-1,
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT:
Complaint Referred To: Date:
Complaint Referred To: - Date:
Additional Notes:
I111111IIIII1111111 III 111111111111111I1111 all TIE
• 336 3024336 01/16/2003 12:2$P Weld County,CO
1 of 1 R 5.00 D 7.90 Steve Moreno Clerk&Recorder
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9 --: WARRANTY DEED •
THIS DEED, Made this 15th day of January, 2003 between •
John B. Parker and Shearon B. Parker, Trustees of the John B. Parker and Shearon B.
Parker Family Trust, dated December 22, 1995
of the County of Weld and
State of Colorado, grantor, and
Robert L. Pennington
whose legal address is P.O. Box 401, Brush, CO 80723
of the County of Morgan and State of Colorado, grantees:
WITNESSETH That the grantor for and in consideration of the sum of SEVENTY NINE.
THOUSAND AND 00/100, (979,000.00) Dollars, the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, convey 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 Wald and State of Colorado, described as follows:
Lot B of Recorded Exemption No. 1473-26-4-RE3408, recorded December 6,
2002 as Reception No. 3012631, being a part of SE1/4 of Section 26,
Township 1 North, Range 65 West of the 6th P.M., County of Weld, State
of Colorado. ***
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 hereditament' and appurtenances.
TO HAVE 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
ensealing end delivery of these presents, he 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,
assessments, 'encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2002 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
*** RESERVING HOWEVER, unto grantor, all oil, gas and other minerals presently owned by
said grantor, if any, in, on, under, upon and that may be produced from said premises,
TOGETHER WITH the rights of ingress and egress necessary to explore for., mine and
remove such oil, gas and other minerals.
Seller will retain all Farm Service Agency Crop Base.
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.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
� � ` John B. Parker and Shaaron B. Parker,
BY �/ eaxa.� ) /5....ro t,,x_ Trustees of the John B. Parker and
J Parker, Trusede Shearon B. Parker Family Trust, dated
December 22, 1995.
BY:c
Shearon B. Par er, trustee
STATE OF COLORADO }
} se. The foregoing instrument was acknowledged before
County of Weld } me this . 15th day of January, 2003
by John B. Parker and Shearon B. Parker, Trustees of the John B. Parker and Shaaron B.
Parker Family Trust, dated December 22, 1995
Witness my hand and official seal.
OSpFf PUBS My commission expires 10-17-2006
i 1 MELINDA : �V Si
i BAESSLER 2 i NOTARY PUBLIC
i13 Tenth Avenue
No.' 932A. Rev. 7-84 'I '• .! eeley, COLORADO 80631
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