HomeMy WebLinkAbout20032580.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
VI #0300052 AGAINST MASTERSSON CONSTRUCTION MANAGEMENT, INC.,
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, Mastersson Construction Management, Inc., VI #0300052, 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, Mastersson Construction Management, Inc., 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 back to the Department of Planning Services for further consideration.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0300052 against Mastersson Construction Management, Inc.,
be, and hereby is, referred back to the Department of Planning Services for further
consideration.
2003-2580
PL0824
VIOLATIONS - VI #0300052 - MASTERSSON CONSTRUCTION MANAGEMENT, INC.
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
44,#, WELD COUNTY, COLORADO
ATTEST: ///// Fxcl lsFn
`� D id E. Long, Chair
Weld County Clerk to the Board n_1& &
& An,o- (�
Robert D`."M�asden,, Pro-Tern
yrk to the Board FxCUSFf
M. J. Geile
Willia H. Jerke
ttornby
Glenn Vaad
Date of signature: /.9--9-I f
2003-2580
PL0824
Weld County Violation Summary
Building Compliance Officer, Peggy Gregory
BASIC INFORMATION
Property Owner: Mastersson Construction Management, Inc.
Violation: VI-0300052
Mailing Address: 4480 North 109th Street, LaFayette, CO 80026
Situs Address: 9895 Harbor Drive, Longmont, CO 80504
Legal: Lot 6, Lighthouse Cove Subdivision, Weld County Colorado
Location
North: Agriculture
South: Agriculture
East: West of and adjacent to County Road 7
West East of and adjacent to the Cooley Pit
Parcel Number: 1313-16-0-01-006
Certified mail date: August 21, 2003 Received: August 27, 2003
Currently the property is in violation of Chapter 29, Article VIII (8), Section 29-8-40 of the Weld County
Code
REMEDY
To bring the property into compliance, a new permit shall be obtained, all inspections shall be completed,
and a Certificate of Occupancy issued.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for
immediate action.
CASE HISTORY
January 21, 2002 Notified by Jeff Reif that no further inspections will be performed until an
application for a variance for setbacks is submitted.
May 9, 2002 Meeting with Monica Daniels-Mika, Director, and Jeff Reif, Building Official.
July 25, 2002 Letter from Jeff Reif, Building Official, permit will expire August 5, 2002.
August 19, 2002 Letter to Jeff Reif, Building Official, Mr. Miles intends to complete the project.
June 18, 2003 Ten day compliance encouragement letter issued.
July 10, 2003 Violation letter issued.
July 31, 2003 Mr. Miles met with Monica Daniels-Mika, Director, and Jeff Reif, Building Official.
August 4, 2003 Stop Work Order issued by Dennis Renley, Plans Examiner
August 21, 2003 Letter sent to property owner indicating that the violation case is scheduled
before the Board of County Commissioners.
2003-2580
tor __
\.
DEPARTMENT OF BUILDING iNSPECTK?K
1 `' Cooe Compliance Division
WWW.CO.WELD.CO.US
• E-mail Address: pgregory@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
O Phone (970) 353-6100x3540
Fax (970) 304-6498
COLORADO
•
August 21, 2003
Charles Miles
Mastersson Construction Management Inc
4480 N 109 ST
LaFayette CO 80026
Subject: VI-0300145 , Lot#6, Lighthouse Cove Subdivision, Weld County, Colorado
DearMr. Miles:
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 29-8-40 °Expiration of permit'
To bring your property into compliance:
A new permit shall be obtained and all inspections shall be completed and the permit
shall have final approval.
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,
=s:
Pe gy Gregor
Building Compliance Officer
pc: VI-0300145
BC-0000563
Wendi Inloes, Planning Technician
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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• Print your name and address on the reverse O Addressee
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1. Article Addressed to:
If YES,enter delivery address below: O No
CHARLES MILES
I MASTERSSON CONSTRUCTION ‘ ,h-4('--
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I 4480 N 109 ST +'7
1 LA FAYETTE CO 80026 3. SerYlgr;Type
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PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M.1540
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DEPARTMENT OF BUILDING INSPECTION
Code Compliance Division
Website: WWW.CO.WELD.CO.US
ir* E-mail Address: pgregory@co.weid.co.us
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970)353-6100, Ext. 3540
O Fax: (970) 304-6498
r
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
July 10, 2003
Charles Miles
Mastersson Construction Management Inc
4480 N 109 ST
LaFayette CO 80026
Subject: VI-0300145, Lot#6, Lighthouse Cove Subdivision, Weld County, Colorado
Dear Mr. Miles:
It has been determined that the property located at 9895 Harbor Drive is currently in violation of the following
Section(s)of the Weld County Code:
Section 29-8-40 of the Weld County Code states that all permits need to be finaled within 180 days.
To bring your property into compliance with the Weld County Code:
All necessary inspections shall be completed and the permit shall have final approval.
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 July 10,
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.
Sincerely,
Peggy Gregory
Building Compliance Officer
pc: BC-0000563
VI-0300145
DEPARTMENT OF BUILDING INSPECTION
Website: WWW.CO.WELD.CO.US
E-mail Address: pgregory@co.weld.co.us
wig1555 N. 17th Avenue, Greeley, CO 80631
C. Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
June 18, 2003
Charles Miles
4480 N 109 St
Lafayette CO 80026
Subject: Permit# BC-0000563-Lot#6, Lighthouse Cove Subdivision, Weld County, Colorado
Dear Mr. Miles:
It has come to the attention of the Department of Building Inspection that a building permit fora single family
dwelling at 9895 Harbor Drive was issued on October 26, 2000. According to our records, all required
inspections have not been completed. Failure to schedule inspections within 10 days from the date of this
letter,will result in a violation notice.
You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any
questions, I may be reached at 970-353-6100, Ext. 3540.
Thank you for your cooperation to this matter.
Sincerely,
anti Ain
Peggy Gregory
Building Compliance
pc: BC-0000563
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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2989818 09I2U2002 11.16A Weld CouttN, t p ,�+1'l'�816 1 of 8 A 31,88 D 0.00 J.A. "Sold" Tsukamoto
STATE BANK OF DOWNS
Loan Number: 3833-1562 DEED OF TRUST
THIS INDENTURE made this 6th day of September 2002 by and
between Mastersson Construction Management.Inc. A Colorado Corporation ,whose address
is 4480 N. 1090 Street
Lafayette, CO 80026
(hereinafter referred to as "Grantor") and the Public Trustee of the County in which the real property hereinafter
_ I= described is located,State of Colorado(hereinafter referred to as`Trustee").
_ WITNESSETH:
T� Gtr September ("Promissory
••� / WHEREAS,Grantor has executed a Promissory Note,dated 6 2002
Note"),made payable to the order of STATE BANK OF DOWNS (hereinafter referred to
as"Beneficiary")at its offices at 900 N. MORGAN,DOWNS,KANSAS 67437
or at such other place as the holder thereof may designate in writing,for the principal sum
of Three Hundred Seventy Five Thousand and no(100-- ($ 375,00(100 )with interest
thereon as provided in the Promissory Note and having a maturity date of October 16,2002 :and
WHEREAS, Grantor desires to secure the prompt payment of the aforesaid indebtedness and the
repayment of any advances made pursuant to this Deed of Trust and the covenants and obligations of Grantor
contained in that certain Loan Agreement between Grantor and Beneficiary dated the date hereof ("Loan
Agreement").
NOW,THEREFORE, in consideration of Ten Dollars and other good and valuable consideration
and for the purpose aforesaid, Grantor grants, bargains, sells and conveys unto Trustee in trust forever the real
property located in the County of W^ld Colorado,
described as follows:
Lot 6,
Lighthouse Cove,
County of Weld,State of Colorado.
and all Grantor's rights,title and interest therein,including any vacated streets or alleys adjacent thereto.
This indenture includes all buildings,structures and improvements now or hereafter placed thereon
and all fixtures,equipment,appliances and furnishings now or hereafter attached thereto,and all the rights(including
water rights and the right to receive condemnation proceeds),permits,and appurtenances belonging thereto,together
with any after acquired property interest in the above described real estate which Grantor may at any time hereafter
have or acquire,and also all of the rents,issues,uses,profits and income of the above described real estate from now
until the debt secured hereby is paid in full.All the above described property(whether real or personal)is referred to
below as the Property ).
To have and to hold the same,together with all the privileges and appurtenances thereunto in trust.
In case of default by Grantor hereunder,then upon notice and demand in writing filed with Trustee as provided by
law,it shall and may be lawful for Trustee to foreclose this Deed of Trust,and to sell and dispose of the Property(or
any part thereof as may be designated in the notice of such sale)and all the right,title and interest of Grantor therein,
in the manner as then be provided by law and to issue, execute and deliver his certificate of purchase,trustee's deed
or certificate of redemption all as then may be provided by taw.Trustee shall,out of the proceeds or avails of such
sale, after first paying and retaining all fees,charges,the costs of making said sale and advertising the Property,and
attomey's fees as herein provided,pay to Beneficiary the amount of such indebtedness,and all moneys advanced by
Beneficiary for any purpose authorized herein or by law, with interest thereon at the rate set forth in the Promissory
Note after the occurrence of a default thereunder ("Default Rate") rendering the surplus, if any, as provided by
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applicable law.The sale or sales and said deed or deeds so made shall be a perpetual bar,both in law and equity,
against Grantor and all other persons claiming the Property or any part thereof by, from,through or under Grantor.
The legal holder of the indebtedness may purchase the Property or any part thereof; and it shall not be obligatory
upon the purchaser or purchasers at any such sale to see to the application of the purchase money.If a release deed-is
required,Grantor hereby agrees to pay all the expenses thereof.
Grantor hereby warrants title to the Property, subject only to taxes not yet due and payable and to
any other matters of record as of the date hereof.
Grantor hereby further covenants,acknowledges and agrees:
1. Promissory Note. Grantor will pay the principal of and the interest on the indebtedness
evidenced by the Promissory Note at the time and in the manner provided therein and will perform every other
agreement contained in the Promissory Note.
2. Payment of Charges. Grantor will pay and discharge when due and before penalty attaches all
ground rents, taxes, assessments, water, rents and other governmental or municipal charges, fines and impositions
levied upon the Property and will promptly deliver the official receipts therefor to Beneficiary.
3. Insurance. Grantor will continuously maintain hazard,liability and other insurance of such types
and amounts as Beneficiary may from time to time require, on the improvements now or hereafter placed on the
Property, and will pay promptly when due any premiums therefor. All insurance shall be carried with companies
licensed to do business in the State of Colorado approved by Beneficiary and the policies and renewals thereof(or
certificates satisfactory to Beneficiary)shall be held by Beneficiary and have attached thereto loss payable clauses in
favor of, and in form acceptable to, Beneficiary. In event of loss Grantor will give immediate notice by mail to
Beneficiary, who may make proof of loss if not made promptly by Grantor. Each insurance company is hereby
authorized and directed to make payment for such loss directly to Beneficiary instead of to Grantor and Beneficiary
jointly. The insurance proceeds,or any part thereof,may be applied by Beneficiary at its option to the reduction of
the indebtedness hereby secured, or to the restoration or repair of the property damaged, or released to Grantor to
make the necessary repairs or restoration,
4. No Waste. Grantor will not commit or permit waste and will maintain the Property and
improvements thereon in good repair and condition,reasonable wear and tear excepted. On any failure to maintain
the Property,Beneficiary, at its option, may cause reasonable maintenance and repair work to be performed at the
cost of Grantor.
5. Eminent Domain. All judgments,decrees and funds received by Borrower for injury or damage
to the Property and all awards pursuant to proceedings for condemnation or under power of eminent domain are
hereby assigned to Beneficiary by Grantor in their entirety and shall be paid to Beneficiary which,at its option,may
apply the same to the reduction of the indebtedness secured hereby, or to the restoration or repair of the Property
damaged, or release said payment to Grantor to make the necessary restoration or repairs. Beneficiary is hereby
empowered,in the name of Grantor,to receive and give acquittance for or to appeal from any such award,judgment
or decree whether it be joint or several.
6. Other Liens. Grantor will pay when due any indebtedness which may be secured by a lien or
charge on the Property or any part thereof or interest therein (whether junior or senior to this Deed of Trust), and
upon request will exhibit satisfactory evidence to Beneficiary of the discharge of any such lien or charge.Borrower
will keep the Property and every portion thereof free from all liens of persons supplying labor or materials thereto
and will either discharge any such lien of record,or obtain title insurance insuring the priority of this Deed of Trust,
within 30 days following such lien coming of record.If Grantor fails to cause such a lien to be so discharged,then in
addition to any other right or remedy provided to Beneficiary hereunder,Beneficiary may,but shall not be obligated
to,discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by
deposit or bonding proceedings. If any suit,action or proceeding shall be brought to foreclose or enforce any such
lien, Grantor shall, at its sole cost and expense, promptly pay, satisfy and discharge any final judgment entered
therein, and if Grantor fails to do so, then Beneficiary, at its option, may do so. All costs,expenses, fees and sums
incurred or disbursed by Beneficiary in defending the priority of this Deed of Trust against such lien or incurred or
disbursed in connection with the provisions of this paragraph shall become immediately due and payable, without
notice, and such amounts,charges costs, fees and sums together with interest thereon from the date so disbursed or
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incurred until the date paid by Grantor,at the Default Rate shalt be added to the indebtedness secured hereby.
7. Right to Inspect. Beneficiary is hereby given the right of entry on the Property at any reasonable
time for the purpose of inspecting said property. _ -
8. Compliance with Government Regulations. Zoning and Platting. Grantor will comply with all
the laws, acts, rules, regulations and orders of any federal, state, municipal, legislative, administrative or judicial
body,commission or officer exercising any power or regulation or supervision over Grantor or the Property for the
construction,use or operation thereof.Grantor will not consent to apply for or acquiesce in any rezoning,platting or
imposition of covenants in respect of the Property,without the prior written consent of Beneficiary.
9. Performance of Defaulted Covenants. Beneficiary may, at its option, even after default by
Grantor or after maturity of the indebtedness secured hereby,make any payment or perform any defaulted covenant,
agreement or act of Grantor hereunder or under any other agreements securing, evidencing or relating to the
indebtedness secured hereby, and any moneys advanced by Beneficiary for such purpose shall bear interest at the
Default Rate and shall thereupon become a part of the indebtedness secured hereby (even if in excess of the face
amount of the above described Promissory Note)and shall be immediately due and payable without notice.
10.Grant of Security Interest. Grantor hereby grants Beneficiary a security interest in the following
described property ('Personal Property"): All materials intended for construction, reconstruction, alteration and
repair of any building,structures or improvements that may now or hereafter be erected or placed on the Property
and all fixtures and articles of personal property now or hereafter attached to or used in connection with such
buildings,structures,or improvements, Grantor's right, title and interest in and to any permanent loan commitment
the loan proceeds of which are to be used to repay the indebtedness secured hereby, all contracts for sale of
improvements constructed on the Property, architectural and engineering plans, drawings, studies, plans and
specifications, goodwill, general intangibles, contract rights including rights under architectural contracts, service
contracts,insurance policies,employment agreements,leases,water taps and agreements,sewer taps and agreements,
permits, licenses, applications and approvals in any way pertaining to the Property and the improvements located
thereon and used or to be used in the operation thereof, including without limitation any and all property of similar
type or kind hereafter so used,and all replacements,substitutions,additions and proceeds.
11.Default.In the event of any one or more of the following:
(i) default in the timely payment of the indebtedness secured hereby,or any part thereof;
(ii) breach or violation of any of the other covenants or agreements contained herein;
(iii)breach or violation of any of the covenants or agreements contained in the Loan Agreement
or any other agreement securing, evidencing or relating to the indebtedness secured hereby(unless cured within any
applicable grace period);
(iv)default in the payment of any other indebtedness from Grantor to Beneficiary;
(v) if a levy be made under any process on,or a receiver be appointed for Grantor,the Property
or any part thereof or interest therein or any other property of Grantor;
(vi)default under any other mortgage,deed of trust or lien(whether junior or senior to this deed
of trust)encumbering or affecting the Property;or
(vii) the removal or demolition of any material part of the Property or improvements constructed
thereon;
the whole or any portion of the indebtedness secured hereby and the interest thereon may at once, at the option of
Beneficiary, be declared due and payable, and/or at Beneficiary's election the Property may be sold en mass or in
parcels as determined by Beneficiary.If foreclosure is made by Trustee a reasonable attorney's fee for services in the
supervision of such foreclosure proceedings shall be allowed and added by Trustee as a part of the cost of
foreclosure. All such attorneys' fees (as well as the costs, charges and expenses referred to in the preceding
paragraph) shall be and become a part of the indebtedness secured hereby on a parity with other indebtedness
secured hereby.
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12. Sale of Personal Property. Upon any default Beneficiary may exercise any and all remedies
available to a secured party under the Colorado Uniform Commercial Code ("Code") with respect to the Personal
Property including but not limited to the following:
(i) either personally or by means of court appointed receiver take possession of all or any of the
Personal Property. Beneficiary and its agents and representatives shall have the right to enter upon any or all of the
Property to exercise its right hereunder.
(ii) sell, lease or otherwise dispose of the Personal Property at public sale, with or without
having the Personal Property at the place of sale, and upon such terms and in such manner as Beneficiary may
determine.Beneficiary may be the purchaser at any such sale. The parties agree that if the Beneficiary shall elect to
proceed with respect to the Personal Property separately from the real property, ten days notice of the sale of
Personal Property shall be reasonable notice. The reasonable expenses of retaking, holding, preparing for sale,
selling and the like incurred by Beneficiary shall include but not be limited to, reasonable attorneys' fees and legal
expenses incurred by Beneficiary. Grantor will not remove or permit to be removed from the Property any of the
Personal Property except when obsolete and worn out, inadequate, inserviceable or unnecessary for use in the
operation of the Property and then only upon replacing the same or substituting for the same other personal property
at least equal in value and utility to the initial value and utility of that disposed of and in such manner that such
replacement or substituted Personal Property shall be subject to the security interest created hereby and that the
security interest of the Beneficiary shall be perfected and first in priority.
13.Continuance of Lien;Subrogation. The lien of this Deed of Trust shall remain in full force and
effect during any modification, postponement, extension or renewal of the time of payment of the indebtedness or
any part thereof secured hereby Beneficiary is hereby subrogated to the lien of any mortgage,deed or trust or other
lien discharged,in whole or in part,by the proceeds of the loan secured hereby.
14.Right to Possession; Receiver. In case of default, whereby the right of foreclosure occurs
hereunder, Beneficiary,or the holder of the certificate of purchase, shall at once become entitled to the possession,
use and enjoyment of the Property, and to the rents, issues and profits thereof,from the accruing of such right and
during the pendency of foreclosure proceedings and the period of redemption, if any. Such possession, use,
enjoyment, rents, issues, and profits shall at once be delivered to Beneficiary or the holder of the certificate of
purchase on request.On refusal, the delivery of such possession may be enforced by the party entitled thereto by an
appropriate civil suit or proceeding, and such party shall be entitled to a receiver for the Property, and of the rents,
issues and profits thereof, after any such default, including the time covered by foreclosure proceedings and the
period of redemption, if any. Such entitlement shall exist as a matter of right without regard to the solvency or
insolvency of the Grantor or of the then owner of the Property and without regard to the adequacy of the security for
the indebtedness secured hereby. Such receiver may be appointed by any court of competent jurisdiction upon ex
parte application without notice to Borrower.Notice is hereby expressly waived.All rents,issues and profits,income
and revenue of the Property shall be applied by such receiver according to law and the orders and directions of the
court.
15.Homestead Exemption: Marshaling of Assets. Grantor shall not have nor assert and hereby
waives any right under any statute or rule of law pertaining to the marshaling or separate sale of Grantor's assets,
including the Property,or to the exemption of homestead or other exemption under and by virtue of any law of the
State of Colorado or of the United States now existing or which may hereafter be passed in relation thereto.
16.No Conveyance or Encumbrance. If the Property or any part thereof or interest therein is sold,
conveyed,transferred, leased,encumbered, mortgaged or mortgaged or pledged to any other person or entity,or if
there are sales or other transfers of the stock of Grantor from and after the date hereof which,in the aggregate,effect
a change in more than 25% of the beneficial interest in the Grantor then the Beneficiary may,at its option,declare
the entire indebtedness secured hereby to be immediately due and payable.
17. Releases, Extensions, Modifications and Additional Security. Without affecting the liability of
any person for payment of any indebtedness secured hereby,or the lien or priority of this Deed of Trust,Beneficiary
may,from time to time,with or without notice,(a)release any person's liability for the payment of any indebtedness
secured hereby;(b)make any agreement extending the maturity or otherwise altering the terms of the payment of any
indebtedness secured hereby;(c)accept additional security or release any property securing the indebtedness secured
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hereby;and(d)accept and release guarantors,sureties,and coobligors of the indebtedness secured hereby.
18.No Waiver by Beneficiary.No failure by Beneficiary to insist upon the strict performance of any
covenant, agreement, term or condition of this Deed of Trust or the Promissory Note secured hereby or to exercise
any option,right or remedy arising on account of any breach thereof shall constitute a waiver of any such breach or
of such covenant, agreement term or condition. No covenant,agreement, term or condition in this Deed of Trust or
the Promissory Note secured hereby to be performed or complied with by Grantor, and no breach thereof,shall be
waived,altered or modified except by a written instrument executed by Beneficiary. No waiver of any breach shall
affect or alter this Deed of Trust,but each and every covenant, agreement,term and condition of this Deed of Trust
and Promissory Note secured hereby shall continue in full force and effect with respect to any other then existing or
subsequent breach thereof.
19.Cumulative Rights.Each right and remedy of Beneficiary provided for in this Deed of Trust shall
be cumulative and shall be in addition to every other right or remedy provided for in this Deed of Trust or now or
hereafter existing at law, or in equity, or by statute or otherwise. The exercise or beginning of the exercise by
Beneficiary of any one or more of the rights or remedies provided for in this Deed of Trust, or now or hereafter
existing at law, or in equity, or by statute or otherwise, shall not preclude the simultaneous or later exercise by
Beneficiary of any or all other rights or remedies provided for in this Deed of Trust,or now or hereafter existing at
law,in equity,or by statute or otherwise.
20.Gender Titles.Pronouns of any gender shall include the other genders, and either the singular or
plural shall include the other, as the identification of Grantor requires;and the term"Beneficiary" shall include any
subsequent holder of the indebtedness secured hereby;the titles of the paragraphs hereof are for reference purposes
only and do not constitute part of this Deed of Trust.
21. Time of Essence.Time is of the essence hereof.
22.Benefit. The covenants contained herein shall bind, and the benefits and advantages contained
herein,shall inure to the benefit of the respective heirs,executors,administrators,successors and assigns of Grantor,
Trustee and Beneficiary.
23. Construction Mortgage. This instrument is a "construction mortgage"(as defined in Section 9-
313(1)(c)of the Code)to the extent that it secures an obligation incurred for the construction of an improvement on
the Property,including the acquisition cost of the Property.
24.Financing Statement. This instrument is intended to be effective as a financing statement which
is filed as a "fixture filing"pursuant to Section 9-402(6)of the Code with respect all Personal Property which is or
will become fixtures related to the Property. For the purpose of this Paragraph, Grantor is the Debtor, and
Beneficiary is the secured party.
25. Additional Payments for Taxes and Insurance. Subject to the limitations of applicable law, if
requested by Beneficiary,Grantor will pay to Beneficiary,in addition to each monthly installment payable under the
terms of the above described Promissory Note,a sum equal to the ground rents next due,if any,plus premiums that
will next become due and payable on all policies of insurance required by beneficiary, plus taxes and special
assessments next due on the Property(all as estimated by Beneficiary) less all sums already paid therefor divided by
the number of months to elapse before two months prior to the date when such ground rents, insurance premiums,
taxes and assessments will become delinquent, said sums to be held by Beneficiary to pay said ground rents,
insurance premiums, taxes and assessments before the same become delinquent. In holding such payments,
Beneficiary shall not be liable to Grantor for interest or other compensation,and such payments shall not be held in
trust and may be commingled with Beneficiary's general funds.If Beneficiary for ground rents,insurance premiums,
taxes and assessments under this paragraph shall not be sufficient to pay the same when due and payable, Grantor
shall,after written notice thereof and together with the next due monthly installment,pay to Beneficiary any amount
necessary to make up the deficiency anticipated by Beneficiary.
26. Consumer Loan Provisions. If any indebtedness secured hereby constitutes a "consumer loan"
(other than "loan primarily secured by an interest in land") as defined in the Colorado Uniform Consumer Credit
Code,the following provisions shall be applicable:
5
111101 ill 1111111 11111111111111111110 1111 V I I I
2989816 09/24/2002 11:16A Weld County, CO
6 of 6 R 31.00 0 0.00 J.A. "Sold" Tsukamoto
(i) advances, if any, by the Beneficiary to perform any defaulted covenant of the Grantor as
permitted above shall be made in accordance with Colorado Revised statutes(1973) §5-3-208,as the same may be
amended;and -
(ii) the amount of any attorneys' fee for which the Grantor is obligated to reimburse the
Beneficiary hereunder shall not exceed fifteen percent(15%)of the unpaid indebtedness secured hereby after default
and referral to an attorney not a salaried employee of the Beneficiary.
27. Other Provisions. All notices, requests, deposits, consents, approvals, demands and other
communications required or permitted to be given hereunder shall be in writing and shall be deemed delivered upon
deposit in the U.S. mail,registered or certified mail,postage prepaid,return receipt requested,addressed to the party
being notified at the address set forth in this Deed of Trust or such other address specified in a notice given in
accordance with this paragraph.
IN WITNESS WHEREOF, Grantor has executed this Deed of Trust on the day and year first
appearing above.
GRANTOR: Mastersson Construction Management,
Inc. A Colorado Corporation
(SEAL)
X SAL e2 Az-
Charles D.Miles,President
ict
STATE OF: l Li(A h�L )
COUNTY OF: iSiCk,it 1� )
The foregoing instrument was acknowledged before me this �u s .
day of -4t� ,2001-,by &Oise D- t'V. .
Witness my hand and official seal.
My commission expires: 3
•
‘9'.01.440.".
Notary blic
. aTAq'ti0•
't
i • r Loan Number: 3833-1562
rrt •�
49 •Gg4vG .
%% OF COLD
My Commission Expires06/12,2003 6
S 4vol1Jlir\7 t I IIIr111 I-1I . `.VII I Ivor
WELD COUNTY BUILDING INSPEC" .% • ELECTRICAL C'NLY YES NO
j• 1555 N.17TH AVENUE
GREELEY, CO 80631
' (9701-353-61O0 EXT. 3540 Z 2. O060563
1RADO
'',1,f,,i2,i- ✓2.;,,ee PLOT PLANS AND WARRANTY DEED REQUIRED FOR ALL STRUCTURES G b �1
1TY OWNER 'iktLe� 1 Gk�r{ Nt G Y/tit .f.-1 PHONE _ 4O3 -Oa�b ' 7/V
O ADDRESS 4�t ` 0• to c+. �C.Q•rQIIG ,Co goo
fE ADDRESS 'T' D I •
DESCRIPTION_ Lo '6) SEC. le, ,T a N, R �a d W DISTANCE FROM LOT LINES
;DIVISION L,&KT>f -uw Cet- LOT CO BLOCK N °-.1.-0---S L..--E --11--.:2' W o
RAL CONTRACTOR MAILING ADDRESS ID# PHONE
IAs-1-tWt5toxi (erl.s•t`. L-L{Yc N. I0414 C-1-- 3a3 fir-jfj71
1ANICAL CONTRACTOR MAILING ADDRESS ID# PHONE
re-rev 14 AT(d1-Al Csc2�romc%t ep 703 $qab- ? 7
TRICAL CONTRACTOR MAILING ADDRESS ID# PHONE
'L " 7' t✓"Le.-`C. o1( •A4 ` -7,07 - le I a
IBENG CONTRACTOR MAILING ADDRESS ID# PHONE -
L.
I N r t1e ,-4-4--vr-,t Ov'L 4 (4-rr. E----r-r 17,
SE FOR PERMIT TYPE OF PROJECT TYPE OF CONSTRUCTION TYPE OF FOUNDATION
✓ BUILDING x4 DWELLING fa WOOD FRAME O BASEMENT
]ITION O PRIVATE GARAGE O STRUCTURAL STEEL ❑ FINISHED-SF:
MODEL '8'.ATTACHED O DETACHED O MASONRY O UNFINISHED-SF:
AIR/REPLACEMENT O SINGLE l '2 CAR + O REINFORCED CONCRETE • CRAWLSPACE: SF
CTRICAL O PUBLIC GARAGE O BRICK VENEER O SLAB
VE-IN RESIDENCE O STORAGE SHED O POLE FRAME O CAISSONS
-IER O OTHER O OTHER O OTHER
T OF BU DING: ``�A r OF STORIES: Z #OF FIREPLACES MASONRY: O-CLEARANCE: L GAS LOG:
)RT SIZE: - K_ PATIO: 1ST SIZE: "I:2__X� 2ND SIZE:_-_-X- COVERED: O YES O NO
=R OF BEDROOMS: �_ DECK: 1ST SIZE: _<_ 2ND SIZE:-X_ COVERED: O YES O NO
:OOMS FULL: 3/4:X1/2: _ PLOT PLAN ON FILE: O YES O NO BLUEPRINT ON FILE: O YES O NO
. LAND AREA: j AC DRIVEWAY ACCESS: O EXISTING O NEW --CNORTH MOUTH ❑EAST OWEST
;LE FAMILY O TWO OR MORE FAMILY O MOTEL/HOTEL#OF UNITS O OTHER
)F SEWAGE TYPE OF WATER: �/� TYPE OF HEAT: ELECTRICAL SERVICE:
LIC-NAME: U A1� O PUBLIC-NAME: LxPT fta►ATYa O NAT. GAS-NAME: KA.) Fes. O NAME: UP C71k 1U
'ATE O PRIVATE ❑ PROPANE-NAME: SIZE OF SVC:- AMPS
AIT #: _ PERMIT #: O ELECTRIC-NAME: CALCULATIONS: -
;. TEST DATE: O OTHER
iE FOOTAGE •*NOT
S Y"DE E BTHE
U ASODING FEES J�
••NOT TO INCLUDE fHE FOLLOWING ITEMS IN THEA80VE PRICE*"
_EVEL ?o ye" �d °��'�
:VEL: ELECTRICAL COSTS S OD FEE $
2ATION: o e a CONSTRUCTION METER:324ES O NO FEE $ - 4.2_05
3E: 'I SI PLAN CHECK: ❑YES O NO FEE S
,. OTHER • __ FEE S
___ _
-- TOTAL FEES S
than one(1) residence on site? Yes ,-!No
DE A BRIEF DESCRIPTION OF THE WORK BEING DOVE LISTING THE INTENDED USE
C;kr6 k eftwt {}t-�1 Pte'+. --ii - --
Y CERTIFY 71-E ABOVEAMC`=A I TTACHED INFORMATION IS CORRECT AND ACCURATE TO THE BEST OF MY KNOWLEDGE:
TURE OF APPLICANT i -1 y1 � DATE �!1'
WELD COUNTY
BUILDING INSPECTION
/ CORRECTION NOTICE
PERMIT NUMBER: /J�(� -0(JOO�CQ? PAGE OF
NAME/OWNER: a t((-S C/4j,i/ ki
PROPERTY ADDRESS/LEGAL /WS" Aftrtor LY"
INSPECTIONS OF THIS STRUCTURE REVEALED THAT THE FOLLOWING IS NOT IN
COMPLIANCE
,WITH THE WELD COUNTY BUILDING CODE ORDINANCE.
/ ,� . 8�, /wAr� alt
dAtj-
+1G-G✓1 A/az d G; 4bait- i6Air
L Gkje ➢` r/a ft(� G1/ L<!I rk
v 01.f n e. i X.-
(� !1 /-CfvLi
i0 (;ORRECTIONS MUST BE MADE BEFORE: G✓L / t'J it%c czlQr
❑ 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 PERMI EXPIRES ON:
INSPECT , DATE !1
IF YOU WISH TO SPE O AN INSPECTOR,CALL:
(720)652-4210, ExT.8730,BETWEEN 7:30 A.M.AND 8:30 A.M.
• DO NOT REMOVE THIS CORRECTION NOTICE
Project No. C005242 ..... ADDRESS: 9895 HARBOR DRIVE
LONGMONT, CO
IMPROVEMENT LOCATION CERTIFICATE
TO: MASTERSSON CONSTRUCTION
I hereby certify that this Improvement Location Certificate is not a land survey plat or improvement survey plot,
and that it is not to be relied upon for the establishment of fence, building, or other future improvement lines.
I further certify that the improvements on the hereon described parcel on the date shown hereon, except utility
connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments
upon the described premises by improvements on any adjoining premises, except as indicated, and that there is
no apparent evidence or sign of any easement crossing or burdening any part of said parcel, except as noted.
LEGAL DESCRIPTION
LOT 6, LIGHTHOUSE COVE, CITY-OF-LONGMONT, COUNTY OF WELD, STATE OF COLORADO.
HARBOR
‘
‘ DRIVE R=60.00'
\
L=59.91'
Atit(> No. 5 REBAR w/ YELLOW . A=5712119"
NORTH CAP N.s 74 / CB=S66.21'22'
SCALE 1" = 30' // LC=57.45'
/' /^
6 ,,G / No. 5 REBAR w/
AP
L 0 T 7 0� N
� t� v CONC. YELLOW 914
ti •\1 ,
V / I
V /
/ I
// 0pis." 1 1 by
/' 12.1:4.0.o. 1 1
/ / p a CONC. I I N
/
SET N0. 5 REBAR w/ CAP, // 20 . N *000 D 1
50' ECtr I 1
I1NE55 CORNER 29414 /h 2g• I
/ /' 2.0, m I
/ //' is s. 9895 WOOD RA*" 3za 1 co
/ wp X5 OR pR� 57.6' �P
CA
/ 70.6' DD Deck 39.5. C/F I N
/ A/ I m I
3
�/ b v CONC. I I
DRIVE I I
- • Jam I 1
CaNc4 I I
\- L 0 T 6
o LA.no, ♦ 1
1 I
0o va_ \ 60.4' ► I
LAKE WATER LEVEL 9/4/98 I I
a-..,,, ' 1 "T'
— , — -- I 1
I , I
S8T30'46"W R aLAAto
194. unumiun�fl
7- :a:,
Date: 7/25/03 29414
n P. Ehrhart ,3
EHRHARTcf142.11'..4.71 an 4) GRIFFIN & ENGINEERING • /�alliP ' 4V1��NG • LAND SURVEYING
ASSOCIATES' P.O. Box 930, 568 Briggs St. • Erie, Colorado 80516 • (303) 828-3340
DEPARTMENT OF BUILDING INSPECTION
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
'DWEBSITE:www.co.weld.co.us
C. PHONE (970)353-6100,E
FAX (970)304-649804-6498 COLORADO
July 24,2002
Chuck Miles
Masterson Construction
4480 N. 109th Street
Lafayette, CO 80026
RE: Lot 6, Lighthouse Cove PUD
Dear Mr. Miles:
At the meeting held in our office in Greeley on May 9, 2002,you stated that you intended to modify the
part of the house under construction at Lot 6, Lighthouse Cove PUD, also known as 9895 Harbor Drive,
to bring the front corner of the house into compliance with minimum side offset requirements. You also
said you must proceed with construction as soon as possible. I removed the "hold" that was placed on
the building permit which allowed construction to proceed. I have not heard from you since that meeting.
The latest inspection that was conducted on this house was done on February 6, 2002. As you are aware,
building permits expire 180 days from the date they are issued,but are extended for a period of 180 days
beyond a successful inspection. Your permit, number BC-0000563, will expire on August 5, 2002,
unless you call for and receive an inspection before that date.
Once again, I am concerned that you are not following through with your promises about bringing this
house into compliance regarding the offset requirements. I am also concerned that this house has not had
any apparent work done since early this year. If the house is not completed soon, I may have to schedule
a hearing before the Board of County Commissioners asking them to refer this permit to the County
Attorney for possible legal action.
Please contact me as soon as possible at the phone number that appears above to discuss this permit.
You may call for the remaining inspections when you are ready for them,but you do not have much time
left in which to do so before the permit is scheduled to expire.
I look forward to hearing from you very soon.
Service,Teamwork,Integrity,Quality
Letter to Chuck Miles
Page 2
C1-771A7
Jeffrey Reif
Building Official
pc: Monica Daniels-Mika,Director, Planning Services
File
Service,Teamwork, Integrity,Quality
,i
five.;•%)
Q
DEPARTMENT OF BUILDING INSPECTION
1555 N. 17TH AVENUE
GREELEY,COLORADO 80631
I CIWEBSITE; www.co.weld.co.us PHONE (970)353-6.100,EXT.3540
Q FAX (970)304-6498
COLORADO
May 10, 2002
Chuck Miles
Masterson Construction
4480 N. 109th Street
Lafayette, CO 80026
RE: Lot 6, Lighthouse Cove PUD
Dear Mr. Chuck:
Thank you for meeting Monica and me our Greeley Planning Office yesterday. I was relieved to hear
you state that you intend to modify the portion of the residence under construction at 9895 Harbor Drive
so that it is in compliance with minimum setback requirements. This course of action will alleviate the
setback problem and will allow you to continue with the remaining construction on this building.
I have removed the"Hold"that was previously placed on building permit number BC-0000563. You
may continue to work on the building immediately and schedule to have inspections performed when you
are ready for them. I spoke to the inspector,Bryon, to make sure he is aware of what is happening.
Please contact me at any time if you have any questions.
Sincerely,
Jeffrey Reif
Building Official
pc: Monica Daniels-Mika,Director, Planning Services
-File .
Service,Teamwork, Integrity,Quality
0
DEPARTMENT OF BUILDING INSPECTION
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
' WEBSITE: www.co.weld.co.us
C. PHONE (970) 353-FAX 6(970) 304-6498
COLORADO
March 27, 2002
Chuck Miles
Masterson Construction
4480 N. 109th Street
Lafayette, CO 80026
RE: Lot 6, Lighthouse Cove PUD
Dear Mr. Miles:
It has been about two months since my last letter to you. In that letter I listed the number of times that
I have asked that you apply for a Board of Adjustment variance for the house under construction on
Lot 6, Lighthouse Cove PUD, also known as 9895 Harbor Drive. You told me in a meeting in my
office last October as well as in a telephone conversation on January 9th of this year that you
understood that you must apply for a variance to the Board of Adjustment and that you would, in fact,
apply for the variance within a week.
As previously stated, the actual height of the house, as it is being constructed, has caused the house to
encroach into the required setback distance. Minimum setbacks are affected by the actual height of the
building as measured according to Section 23-1-90 of the Weld County Code. A copy of the method of
measuring building height for this purpose was provided to you. The building height was measured by
Bryon Horgen, a Weld County inspector, on February 6, 2002. Bryon measured 38 feet 10 inches
from the top of the foundation wall to the roof peak. A minimum of six inches must be added to this
measurement to account for the distance from the top of the foundation wall to final grade since the
final grade was not established when the house was measured. Assuming a total height of 39 feet 4
inches, the minimum setback from the farthest projection on the building would be 13 feet.
The process for applying for a Board of Adjustment variance has been explained to you. I have
explained to you that after you have applied for the variance, you will be required to appear before the
Board of Adjustment to explain the reason for your variance request. You have also been told of the
difficulty planning staff will have in approving the request. If you recall, in order for planting staff to
recommend for approval of your request, you must demonstrate that a hardship has occurred.
Knowingly proceeding with the construction of this house while it does not meet setback requirements
does not constitute a hardship.
Service,Teamwork, Integrity,quality
i,cuer co nucx tvuies
Page 2
As the construction of this.house is nearing completion I am compelled to remind you that a Certificate
of Occupancy will not be issued for this house until you either modify the structure to meet setback
requirements or have received approval from the Board of Adjustment.
In your letter to Monica Daniels-Mika and Julie Chester on July 17, 2001, you chose to proceed with
the construction of this structure under your own risk. The County is relying on-this agreement,
however since the home is nearly finished I must insist that you bring this structure into compliance. I
would appreciate the opportunity to discuss this issue with you. I have inclosed another BOA packet
and I am available to answer any question you may have. Should you wish to speak to a planner,
Monica is available to answer your questions. •
Sincerely,
k:,z}
Jeffrey Reif
Building Official
pc: Monica Daniels-Mika, Director, Planning Services
File
Service,Teamwork, Integrity, Quality
` •-- -� .•+ ,u, w,usurLU1 NGLU tLfNairiu rHA NU, /2U (752 4211
P, 06
(it 141;Nr,,\
DEPARTMENT OF BUILDING INSPECTION
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
WEESITE C www.co.weld:bo.us
WIER C. PHONE (970) 353-6100, 40
FAX (970) 304-6498
COLORADO
January 21, 2002
Chuck Miles
Mastersson Construction
4480 N. 109th Street
Lafayette, CO 80026
RE: Lot 6, Lighthouse Cove POD
Dear Mr. Miles:
On October 5, 2001, I sent a letter to you in which 1 outlined two issues that had to be addressed with
the house under construction at Lot 6, Lighthouse Cove MID, also known as 9895 Harbor Drive. In
this letter I referenced a telephone conversation we had that day about these same issues. One of the
issues was that the house is too close to adjacent property lines. I clearly stated in paragraph three that
you must request a variance for the setback issue to the Board of Adjustment.
On October 22, 2001, I met you in my office at about 12:20 p.m. During that meeting we again
discussed the setback problem with the house on Lot 6. You said you understood that the setback issue
would not be addressed by the Board of County Commissioners hearing scheduled for November of
2001 and that you would apply for a variance to take care of the setback problem.
I understand that you came in CO our offices last week and said that you were not aware that you had to
request a variance for the setbacks. Please be advised that it may take a minimum of 60 days for the
Board of Adjustment to hear your request for a variance and that there is no assurance that the Board
will grant the variance. I urge you CO proceed as quickly as possible in submitting the variance request.
This department will conduct no further inspections on the house under construction at Lot 6 until the
variance application is submitted. Also be advised that a Certificate of Occupancy will not be issued
until the setback problem is satisfactorily resolved.
•
Service,Teamwork,Integrity,Quality
• Paget
Please contact me if you have any questions. Again I urge you to submit the variance application as
soon as possible.
Sincerely,
Jeffrey Reif
Building Official
Service,Teamwork, Integrity,Quality
> > ,v inn It) icu Doc 4011 P. 05
Ake MEMORANDUM
To: File October 22, 2001
COLORADO From: Jeff Reif, Building Official -
Subject: Meeting with Chuck Miles
RE: BC-0001053 and BC-0000563
Chuck Miles met me in my office about 12:20 p.m. today. He asked about the definition of
"mean natural grade". I explained how mean natural grade is determined and how it is applied
to the measurement of buildings. He also told me he needs to continue to work on the two
houses he started in Lighthouse Cove PUD. I told him he can continue to work and have
inspections performed at his risk but a Certificate of Occupancy would not be given until the
issues pertaining to building height and setbacks are resolved and he meets all the
requirements for these issues. Mr. Miles said he is pursuing a request to the BOCC to raise the
maximum building height in Lighthouse Cove PUD to 40 feet. He said there was a meeting of
the home owner's association a few days ago where all the home owners seem to support the
40 foot height. He also said he will apply for a variance for the setback (offset) problem he has
with one of his houses.
Mr. Miles said my explanation helped him understand "mean natural grade" and he appreciated
the assurance that he can continue to build.
unn-to-cuuc tin SUUIthWtb WELD PLANNING FAX NO, 720 652 4211 P. 07
I
tiriTt ‘ o
DEPARTMENT OF BUILDING INSPECTION
�..1 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
ID
WEBSITE: www,co.weld,co.us
C. 304-64
PHONE (970) 353-6100, 40
WI FAX (970) 304-6498
COLORADO
October 5, 2001
Chuck Miles
Mastersson Construction Management, Inc.
4480 N. 109'" St.
Lafayette, CO 80026
RE: Lots 5 and 6, Lighthouse Cove PUD
Dear Mr. Miles:
I appreciate having talked to you by phone this afternoon regarding the building height issue on the
homes your are constructing in Lighthouse Cove PUD.
As we discussed today, there are two issues on the house located at Lot 6 (9895 Harbor Drive). Both
issues relate to building height as measured according to the zoning ordinance. First, this house
exceeds the maximum height as permitted for this PUD. Second, the house is to close to adjacent
property lines. Additionally, the house under construction at Lot 5 (9890 Harbor Drive) also exceeds
the maximum height permitted for the PUD.
You have at lease two options available to you in seeking a remedy for these problems. You may ask
the Board of County Commissioners at a Board hearing to allow an increase in the building height for
the two houses you currently are building on Lots 5 and 6 of Lighthouse Cove PUD. It is my belief
that the developer, Mr. Don LaFavor will request a hearing before the Board to deal with the building
height increase for the entire PUD. If the Board finds in your favor this would allow you to build up
to the height allowed by the Board. You must, however, address the property offset issue at a hearing
of the Board of Adjustment through a variance request. The variance request route through the Board
of Adjustment is also available to you to deal with the building height issue.
As we discussed today, neither of the two houses exceed the maximum height for an unprotected
residential structure as measured according to the Building Code.
I understand that a personal meeting next week will be difficult to arrange due to your wives pregnancy
and to your back condition. I invite you to call me at any time if you have any question regarding the
building height issues. I would also be happy to set a meeting between us at a time that is mutually
satisfactory if you desire it.
Service,Teamwork,integrity,Quality
nun u cuuc Iur. uo oa nn auulnwr.al WCLU rLHNNINU NIX NU. (2U bbl 4211 P. 08
j
Page 2 . �.
Again, thank you for the opportunity to discuss these issues with you.
Sincerely,
Jeffrey Reif
Building Official
pc: Monica Daniels-Mika, Director, Planning Services
File
Service,Teamwork, Integrity,Quality
itylfawe Uc Uu U ni avuinwcai WCLU rLHNN1Nli NIX NU, (ZU bb2 4211 P, 02
•
a DEPARTMENT OF BUILDING INSPECTION
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
' WEBSITE: www.co.weld.co,us
C
PHONE (970) 353-6100, EXT.3540 304-64 PAX (970) 304-6498
COLORADO
October 3, 2001
Chuck Miles •
Mastersson Construction Management, Inc.
4480 N. 109th St.
Lafayette, CO 80026
RE: Lots 5 and 6, Lighthouse Cove PUD
Dear Mr. Miles:
This letter is sent to you as an owner of two of the lots in Lighthouse Cove PUD for which there is an
issue regarding the allowed height of the structures. You have provided a letter to this Department
indicating that you are aware that the height of the residential structures on the above referenced lots
are currently in conflict with County zoning or building codes, or both, and that until and unless the
issue can be resolved through the administrative process to your benefit, that any construction you may
do would be at your own risk.
There are two sets of regulations that affect the height of structures and both must be met. The zoning
requirements found at 23-1-90 of the Weld County Code for the R-1 District limit the height to 30 feet.
The Planned Unit Development for Lighthouse Cove did not vary from the R-1 residential zone district
requirements. The PUD could have allowed a greater height but did not do so in the initial application.
The developer, Mr. Don LaFavor, is currently seeking to raise the allowed height under zoning for the
entire POD. Mr. LaFavor has requested that the allowed height in the PUD district be raised to 35
feet. He initially requested that the allowed height he 40 feet but revised that request downward at the
Planning Commission meeting of September 18, 2001. The Planning Commission recommended
denial of his request for a 35 foot building height but the Board of County Commissioners is not bound
by the recommendation and will hear the matter in approximately five weeks. Any party who may be
affected by the Board's decision is encouraged to attend the Board hearing which is tentatively set for
November 7, 2001 at 10:00 am in the Centennial Center, 915 10th Street, Greeley, Colorado.
• Additionally, each individual lot owner could seek a variance from the height limitation of the Zone
District if the Board of Adjustment can be convinced that there is a hardship which is not self inflicted.
Such a variance process would not be necessary if the PUD is amended to allow the height for all lots
in the PUD.
Service,Teamwork, Integrity,Quality
.,, UL avuuIWLut WLLU rLnrwt11 U l'firi NU, 2U ion Z 4211 P. 03
[The letter is to:]
Page 2
The Building Code portion of the County Code affects the height of residential structures in that certain
construction methods are required when the structure exceeds 40 feet in height. There is a risk
assumed by the builder and owner that the building will be found in violation of the code when the
actual construction is inconsistent with the construction plans which have been reviewed and approved
by the County.
It is important to note that the methods for measuring building height under the Building Code and the
zoning requirements are substantially different. The attached Memorandum explains the protocol for
determining the height of residential structures in accordance with the Weld County Building Code and
zoning requirements.
Sincerely,
czeit 4.7
Jeffrey Reif
Building Official
•
Service,Teamwork,Integrity,Quality
Atiln .., w w iiu vvwuiwcat wLLU FLNNN1NU reit NU. 2U bbZ 4211 N. 04
MEMORANDUM
W� I To: Lee Morrison October 3, 2001
COLORADO From: Jeff Reif, Building Official -
Subject: Building Heights.
A. To determine the height of a building for zoning purposes, measure the distance from
natural grade (as shown on the recorded plat, per Kim Ogle) at the foundation of the building to
the highest point of the roof or appurtenances, not including church spires and residential
chimneys. [This definition was extracted from Section 23-1-90 of the Weld County Code. This
is the definition which should be used when determining compliance with the bulk requirements
of buildings.]
B. To determine the height of a building for building code purposes, measure the vertical
distance above a reference datum to the highest point of the coping of a flat roof or to the deck
line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof.
(Italics added) The reference datum shall be selected by either of the following, whichever
yields a greater height of building:
1. The elevation of the highest adjoining sidewalk or ground surface within a 5-foot
horizontal distance of the exterior wall of the building when such sidewalk or ground surface is
not more than 10 feet above the lowest grade.
2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface
described in Item 1 is more than 10 feet above lowest grade.
The height of a stepped or terraced building is the maximum height of any segment of the
building. [This definition was extracted from the 1997 Uniform Building Code, Section 209. This
definition is used to determine the maximum allowed building height for any building use and
type of construction.]
Obviously, a building may be found to be of a different height when measured according to the
above two definitions. It is important to know the purpose for determining the height of a
building and then applying the appropriate method to determine the correct height. ,.
flitasnerE4s4on QCon ttutttOtt •
Ottagemeitt Int. F0 -x _
4480 N. 109th St. •
Lafayette, CO 80026 - •
303-828-4171 - Office Pt-
303-828-4180 - Fax Cc
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The information in the facsimile transmission is confidential information intended only fu the the uhereby e notified❑heitindi ideal or
ny
entity to whom it is addressed. If the mailer of this message is not the recipient, y
odissemination, distribution or copying of this information is strictly prohibited. If you have received this
communication ini cr^r.please notify w; tmmedhiias y by telephone, and destroy all copies of this transmission. Thank
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I Sep LS ?a1 02: 13p
'
..'� j 303-8211. -4180p• 2
EHRHART GRIFFIN St ASSOCIATES INC.
] ENGINEERING•PUNNING•LAND SURVEYING
September 18, 2001
•
Chuck Miles
MASTERSSON CONSTRUCTION
4480 North 109'°Street
Lafayette, CO 80026
-
RE: HEIGHT VERIFICATION
Property Address: 9895 Harbor Drive, Longmont, Co.
Property Description: Lot 6, Lighthouse Cove.
On September 17,2001 Ehrhart Griffin and Associates collected field measurements on the
residence under construction at the above referenced address. The results of those m
are as follows:
easurements
Elevation of main floor of house at front entrance=4874.63' (on sub floor)
Elevation of peak of roof =4911.05'
Elevation of existing foundation for walk 15.8' from front entrance= 4873.37'
Elevation of proposed top of walk 15.8' from front entrance=4874.31'
(Note: proposed elevation at top of walk was calculated as elevation of main floor— 15.8' @ 2%)
The result of these measurements is that the height of the house from the proposed top of walk
elevation to the peak of the roof is 36,74'.
Benchmark USGS Standard cap stamped "4882 Denver", elevation=4880.827' (NGVD 29).
Site benchmark:Mueller bonnet bolt on fire hydrant at the corner of lots 5 and 6,Lighthouse
Cove, elevation=4871.46'
John P.Ehrhart,P.L.S.,
President Date
•
P.O.Box 930 • ;,'5 Briggs Street•Erie,Colorado 80516
303-828-3340•fax 303-828-3418
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