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Home My WebLink About20032579.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI #0300106 AGAINST LARRY LOHMANN 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, Larry Lohmann, VI #0300106, 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 9th day of September, 2003, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Larry Lohmann was not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, at said hearing of September 9, 2003, at the recommendation of staff, the Board deems it advisable to dismiss the violation hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0300106 against Larry Lohmann be, and hereby is, dismissed. 2003-2579 PL0824 VIOLATIONS - VI #0300106 - LARRY LOHMANN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D., 2003. BOARD OF COUNTY COMMISSIONERS � WELD COUNTY, COLORADO ATTEST: LE�� FxCIISFn D id E Long, Chair Weld County Clerk to the Board ��^ Robert D. Masden, Pro-Tern • k to the Board FXCI'SFr) ` M. J. Geile • William H. erke v;rorn: �RtMA •.�► Glenn Vaad Date of signature: /4 --9' —4 2003-2579 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Larry L. Lohmann Violation: VI-0300106 Address: 14615 CR 66, Greeley CO 80631 Legal: Lot B of RE-2258 also known as Part of the W2SE4 of Section 21, T6N, R66W of the 6th P.M., Weld County, Colorado Location North: Agriculture, 'A mile south of State Highway 392 South: Agriculture East: City of Greeley West: Agriculture Parcel Number: 0805-21-0-00-055 Acres: 71.21 Certified mail date: July 29, 2003 Received: August 18, 2003 Currently the property is in violation of Chapter 29, Article III of Section 29-3-10 of the Weld County Code. REMEDY To bring the property into compliance a building permit shall be obtained and all inspections completed. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action. CASE HISTORY June 28, 2001 Building permit BC-0100280 issued for swimming pool. October 18, 2002 Building permit BC-0100280 expired and application submitted for building permit BCN-020529. May 20,2003 Building permit BCN-020529 expired, it was never issued. May 30, 2003 Violation letter issued. July 29, 2003 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2003-2579 2572794 B-1630 P-702 10/06/1997 04:15P PG 1 OF 2 REC DOC 1 Weld County CO JA Suki Tsukaaoto Clerk & Recorder 11.00 21.50 WARRANTY DEED THIS DEED, Made this 30th day of September, 1997 between Jess J. Kohler and Anita C. Kohler of the County of Weld and State of Colorado, grantor, and Larry L. Lohmann whose legal address is 37.59 N/ al/ 5>4 1?/ob.' /ee%y, go yogi of the County of Weld and State of Colorado, grantees: WITNESSETH That the grantor for and in consideration of the sum of TWO HUNDRED FIFTEEN THOUSAND AND 00/100, ($215,000.00) 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 Weld and State of Colorado, described as follows: SS SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as Vacant Land, Greeley, Colorado 80631 S° TOGETHER with all and singular the hereditaments and appurtenances thereto \` belonging, or in anywise appertaining and the reversion and reversions, remainder and f� remainders, rents, issues and profits thereof, and all the estate, right, title, 5 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 HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, hie 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, 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, sments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1997 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; 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 ganders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. ss J. Ko er 2,t.2) C2- 74e�✓ Anita C. Kohler STATE OF COLORADO } } ss. The foregoing instrument was acknowledged before County of Weld } me this 30th day of September, 1997 by Jess J. Kohler and Anita C. Kohler Witness my hand and official seal. - My c mission exp e N mb 15, 1997 ' NOTARY PUBLIC , 0ARELLA L.; 1295 Main St. No. 932A. e3. 78 H : Windsor, COLORADO 80550 00% r O 9�FOf.........° NO 2572794 B-1630 P-702 10/06/1997 04:151' PG 2 OF 2 "EXHIBIT A" LEGAL DESCRIPTION • The W1/2 of the SE1/4 of Section 21, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed to Jerry A. Stehman and Renee A. Stehman, by Deed recorded August 16, 1977 in Book 806 as Reception No. 1727568, being more particularly described as follows: A tract of land located in the SE1/4 of Section 21, Township 6 North, Range 66 West of the 6th P.M. , being more particularly described as follows: Commencing at the South Quarter corner of said Section 21, and considering the South line of the SE1/4 to bear North 88 degrees 54 • minutes 22 seconds East, and with all other bearings contained herein being relative thereto: thence North 00 degrees 00 minutes 00 seconds East, along the West line of the SE1/4 of said Section 21, a distance of 30.00 feet; thence North 88 degrees 54 minutes 22 seconds East, a distance of 670.71 feet; thence North 0.0 degrees 54 minutes 22 seconds East, a distance of 1272 .00 feet; thence North 89 degrees 14 minutes 22 seconds East, a distance of 30 .01 feet to the True Point of Beginning. thence North 89 degrees 14 minutes 22 seconds East, a distance of 108.00 feet; thence South 00 degrees 54 minutes 22 seconds West, a distance of 109.00 feet; thence South 89 degrees 14 minutes 22 seconds West, a distance of 108.00 feet; thence North 00 degrees 54 minutes 22 seconds East, a distance of 109.00 feet to the True Point of Beginning. ALSO EXCEPTING THEREFROM a parcel of land conveyed to Harold C. Buxman and Doris F. Buxman; and Ronald W. Buxman and Patricia Anne Buxman, being Tore particularly described as follows: Subdivision Exemption No. 439 recorded July 29, 1992 in Book 1345 as Reception No. 02297715, described as follows: A tract of land located in the Wl/2 of the SE1/4 of Section 21, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado and being more particularly described as follows: Beginning at the South Quarter corner of said Section 21 and considering the South line of said SE1/4 to bear South 88 degrees 54 minutes 22 seconds West and with all other bearings contained herein relative thereto; thence North 00 degrees 00 minutes 37 seconds East, 353 .15 feet along the West line of said SE1/4; thence South 87 degrees 14 minutes 23 seconds East, 208 .32 feet; thence South 77 degrees 47 minutes 18 seconds East, 177 . 78 feet; thence South 46 degrees 56 minutes 38 seconds East, 75 .82 feet; thence South 88 degrees 10 minutes 58 seconds East, 236 . 62 feet; thence South 00 degrees 54 minutes 22 seconds West, 233 .48 feet to the South line of said SE1/4; thence South 88 degrees 54 minutes 22 seconds West, 670.23 feet along said South line to the Point of Beginning. RESERVING HOWEVER, unto grantor, a 67% undivided interest in oil, gas and other minerals presently owned by said grantor, if any, in, on, under, upon andthat may be produced from said premises, TOGHETHER WITH the rights of ingress and egress necessary to explore for, mine and remove such oil, gas and other minerals. TOGETHER WITH Eight (8) shares of the capital stock of The New Cache La Poudre Irrigating Company, TOGETHER WITH Eight (8) shares of the capital stock of The Cache La Poudre Reservoir Company Kik a ".......";,\\ DEPARTMENT OF BUILDING INSPECTION Code Compliance Division W W W.CO.W ELD.CO.US E-mail Address: pgregory@co.weld.co.us C1555 N. 17th Avenue, Greeley, CO 80631 lapPhone (970)353-6100x3540 Fax (970) 304-6498 COLORADO July 29, 2003 Larry L Lohmann 14615CR66 Greeley CO 80631 Subject: VI-0300106 , Part of the W2SE4 pf Section 21,T6N, R66W of the 6th P.M.,Weld County,Colorado Dear Mr. Lohmann: The property referenced above remains in violation of Chapter 29 of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 9, 2003, at 10:00 a.m., to consider the violations. The property is in violation of the following Section(s) of the Weld County Code: Section 29-3-10 No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate building permit for each building or structure has been first obtained from the Building Inspection Department. To bring your property into compliance with the Weld County Code: A permit for the swimming pool shall 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 at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection 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,the action necessary to correct the violation,and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. Sincerely, C2onr- Arty- Peggy Gregory Buildi, . ompliance Officer pc: VI-0300106 V'endi nloes, '!arming Technician Bruce _arker, Spumy attorney sEEVFcE. -EAMWCRK. NT-EC-Pry CUAL:-v • 3 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) M1 n Postage $ p Certified Fee U'1 Return Receipt Fee Postmark rl.l (Endorsement Required) Here CI Restricted Delivery Fee p (Endorsement Required) p Tote)Postage&Fees $ ru plant's Name (Please/� Print Clearly)(To be completed by mailer) p ,eef(]J�Cef/ �( �Q E3 Streets,Apt rto.:o O•�6 No. 64 nn" Cal .11fal.6 Q2.. M1 C fete,ZIP+4 i 804 / •SRrm3:II ;- bruary2nl Sec •averse firinstructi•ns SENeE•: CeM•LETETHIS SECTION C•M•I.ETETFIISSECT/•N eN•ELIVE•Y • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X / 0 Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. R: :' ed by(Printed Name) C. Da of Delivery • Attach this card to the back of the mailpiece, `�� or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No LARRY L LOHMANN 14615 CR 66 GREELEY CO 80631 3. Service Type )�I Certified Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7000 0520 0025 0405 5676 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 • DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US VIE-maflC• Avenue, Greeley, CO 80631 @ h 555N Phone:ne: (970) 353-6100, Ext. 3540 COLORADO Fax: (970) 304-6498 WELD COUNTY BUILDING CODE VIOLATION NOTICE May 30, 2003 Larry L. Lohmann 14615CR66 Greeley, CO 80631 Subject: VI-0300106, Part of the W2SE4 of Section 21, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Lohmann: The uses on the above described property are being considered as a building 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: Section 29-3-10 No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate building permit for each building or structure has been first obtained from the Building Inspection Department. To bring your property into compliance with the Weld County Code: Building permit number BCN-020529 expired and a new permit must 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 May 30, 2003, to correct this building 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. merely,i(! Ike Pe Gregor Building Compliance Officer pc: VI-0300106 Jeff Reif, Chief Building Official Bruce Barker, County Attorney Hello