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Home My WebLink About20010806 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JACQUELINE MCCONNELL 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, Jacqueline McConnell, VI #9900143, 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 10th day of April, 2001, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jacqueline McConnell, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until December 31, 2001, to allow adequate time for the property owner to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #9900143 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Jacqueline McConnell 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 December 31, 2001, to allow adequate time for the property owner to bring the subject property into compliance by removing the mobile home from the property. 2001-0806 PL0824 co :>62 e4 Aie&n,1e// VIOLATIONS -VI #9900143 - JACQUELINE MCCONNELL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of April, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COUP' Y, COLORADO ATTEST: Mid 7/!/ f`� / g1 J. eile, Chair Weld County Clerk to the B ARA g / ' rFfsenn Vaad, Pro-TeM---BY: Deputy Clerk to the Board�� W i H. Jerke A O D T ORM: Davi E Long ounty Attor ey Robert D. Masden 2001-0806 PL0824 DATE: April 5, 2001 VIOLATION NUMBER: VI-9900143 NAME: Mrs. Jacqueline McConnell SITUS ADDRESS: 6075 WCR 20, Longmont, CO 80504 MAILING ADDRESS: PO Box 748, Frederick, CO 80530 ZONE DISTRICT: Agricultural LEGAL DESCRIPTION: Lot A of RE-477, part of the NW4SW4 of Section 18, T2N, R67W, of the 6'h P.M. , Weld County, Colorado PARCEL NUMBER: 1311-18-0-00-005 CASE SUMMARY February 18, 1999 Letter requesting additional information (ZPNH-1656) sent. May 6, 1999 Initial complaint received. June 21, 1999 Letter received from property owner's attorney. July 1, 1999 Letter of Denial (ZPMH-1656) sent. August 13, 1999 Letter received from property owner's attorney. August 16, 1999 Violation letter issued. August 3, 1999 Letter sent notifying of violation. October 7, 1999 Recorded Exemption (RE-2611) received. October 8, 1999 Letter received from property owner's attorney. January 12, 2001 Letter sent from planner requesting additional information to process the Recorded Exemption. March 21, 2001 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. March 27, 2001 Telephone call received from Mrs. McConnell. April 3, 2001 Letter received from Mrs. McConnell. Recorded Exemption was withdrawn. April 4, 2001 Left voice message for Mrs. McConnell. 2001-0806 Currently, there is a violation of Chapter 23, Article III (3) , Division 1, Sections 23-3-20, 23-3-20.B and 23-3-20 .P of the Weld County Code. To bring the property into compliance the property owner permit the mobile home through the "Zoning Permit for a Mobile Home" application process or remove the mobile home. The Department of Planning also recommends that the County Attorney authorize legal action against 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. CITIZEN INQUIRY FORM WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312 coiled gil TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES f( NO DATE:4 Nc)t ® ILPI\ NAME: I,. „ ` nnn' I PHONE: Wb-2(n3- (125l1J2 ADDRESS: TYPE OF INQUIRY: _ MHZP _ SKETCH PLAN _ MINOR SUB SKETCH PLAN _ ZPMH _ PRELIMINARY PLAN _ MINOR SUB FINAL PLAT RE _FINAL PLAT _ ZONING _ AMENDED RE _ RESUBDIVISION _ ADDRESSING _ SE - FHDP _ BUILDING PERMIT _ AMENDED SE _ GHDP _ SETBACKS/OFFSETS ` _ SITE PLAN REVIEW _ USR _ HOME OCCUPATION _ REZONING _ AMENDED USR X VIOLATION PUD SKETCH PLAN _ USR MINING _ OTHER _ PUD DISTRICT _ USR MAJOR FACILITY _ \tttrit1on IAWIC 09 PUD FINAL PLAT USR DISPOSAL SITE _ _ STAFF PERSON: -[Mt ki ITEMS DISCUSSED: - P n I cy ® kw) - \tck rct.b ; cn tin CPI1 it wircrediti V n,tat siTinEnt t,t Id Ski Li r d *o (Land 41, heck/in/1 44 I-10** rer uQ 1 1- 1/4la It evirn1,i nn A "b a 4o violin Laral, \ec 1chi -1 . t hOcic — Time Spent: Staff Member's Initials: citizen.shl Ted & Jacque McConnell 9340 Weld County Road 13 Weld County Planning Dept. P.O. Box 748 Frederick, CO 80530 Home Phone 303-833-2647 AR 3 2001 April 02, 2001 RECEIVED Weld County Department of Planning 3• Code Compliance Division 1555 N. 17th Avenue Greeley, CO 80631 ATTN: Bethany Salzman Zoning Compliance Officer RE: VI-9900143, Lot A of RE-477 Dear Ms. Salzman: Thank you for returning my call the other day regarding the "Recorded Exemption" request for my parents, Hearst and Nancy Pressly's property. We have decided to void this application at this particular time because it is costing us to much money. We will also not be trying for the Medical Hardship at this time. We would however, like to get an extension to stay here until the end of the year. My husband and I are building a house, and it should be finished before the year is up. As for the Medical Hardship, my sister is moving close by and will be able to help out. If you feel that it is still necessary for myself and my father to attend the meeting April 10th, to answer any questions, we would be more than happy to do so. Sincerely, (12 Ja I ne McConnell rC Voice Mail (Transposed) To: Bethany Salzman Date Received: March 27, 2001 Zoning Compliance Officer Time Received: 12:40 p.m. From: Jackie McConnel Hi Bethany, My name is Jackie McConnel and I received your letter just the other day regarding our uh our lot that we were trying to uh do a Recorded Exemption on for the Presley's. And I'm calling to let you know that my mother Nancy Presley will be seeing her doctor again on Friday and getting a letter for a Medical Hardship and we'll be getting that to you and also I'm calling to let you know that my husband and I have bought some other property down towards uh Colorado Springs and we're going to be building down there but we won't be able to leave here till probably mid summer. So if there is some way that we can get an extension to stay here, ya know, till that's finished. Or if the Medical Hardship will probably help out, I don't know. If you could give me a call, I would really appreciate it. My phone number is 303, let me give you my..well 833 2647 and my cell phone number is 303 263 6316 or you could talk to my mother Nancy Presley, her number is 303 833 4039, but I'll be leaving here probably today around 2 o'clock so you could either get me on my cell phone number or talk to my mother, but I really appreciate your calling me back and discussing this with me. Thanks a lot bye. End of message (it ' C DEPARTMENT OF PLANNING SERVICES Code Compliance Division O WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us T A 7� • 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100 Fax (970) 304-6498 March 21, 2001 Mr. & Mrs. Hearst Pressly _ 6075 WCR 20 Longmont, CO 80504 Ms.Jacqueline McConnell PO Box 748 Frederick, CO 80530 Subject:VI-9900143, Lot A of RE-477, Part of the NW4SW4 of Section 18,T2N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Hearst Pressly and Ms. McConnell: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on April 10, 2001, 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 lll, Div I "A(Agricultural)Zone District"Section 23-3-20 "Uses allowed by right." Section 23-3-20.B "One(1)Single-family dwelling unit and auxiliary quarters on a parcel of land created under the provisions of Chapter 24,Article WI!of this Code." Section 23-3-202 "Mobile Home subject to the additional requirements of Article IV,Division 3 of this Chapter." To bring the property into compliance the following option(s)are available: 1.) We do have an application for a Recorded Exemption(RE-2611);however,it is not considered final until a plat is recorded. Please let us know if your intention is to void this application. This option would bring the property into compliance. 2.) Re-try to substantiate the Medical Hardship. This option would bring the property into compliance;however, would still require annual renewals. 3.) Remove the mobile home which would thus remove the second dwelling unit. " Please be advised, that if we receive your recorded plat (by April 6, 2001), meeting all of the necessary conditions,explained by Kim Ogle in his letter to you dated January 12,2001,it will not be necessary for this case to appear before the Board of County Commissioners. 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 from the road or adjacent properties the day before the Violation Hearing (indicated above). ' DEPARTMENT OF PLANNING SERVICES C Code Compliance Division O WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us • 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100 Fax (970) 304-6498 March 21, 2001 Mr. & Mrs. Hearst Pressly 6075 WCR 20 Longmont, CO 80504 Ms.Jacqueline McConnell R PO Box 748 Frederick, CO 80530 Subject:VI-9900143, Lot A of RE-477, Part of the NW4SW4 of Section 18,T2N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Hearst Pressly and Ms. McConnell: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on April 10, 2001, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property is in violation of the following Section(s) of the Weld County Code: Chapter 23,Article Ill,Div I "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-20.B "One(1)Single-family dwelling unit and auxiliary quarters on a parcel of land created under the provisions of Chapter 24,Article VIII of this Code." Section 23-3-202 "Mobile Home subject to the additional requirements of Article IV,Division 3 of this Chapter." To bring the property into compliance the following option(s)are available: 1.) We do have an application for a Recorded Exemption(RE-2611);however,it is not considered final until a plat is recorded. Please let us know if your intention is to void this application. This option would bring the property into compliance. 2.) Re-try to substantiate the Medical Hardship. This option would bring the property into compliance;however, would still require annual renewals. 3.) Remove the mobile home which would thus remove the second dwelling unit. " Please be advised, that if we receive your recorded plat (by April 6, 2001), meeting all of the necessary conditions,explained by Kim Ogle in his letter to you dated January 12,2001,it will not be necessary for this case to appear before the Board of County Commissioners. 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 from the road or adjacent properties the day before the Violation Hearing (indicated above). 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. U.S. Postal Service Sincerely, CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) ra Bethany Salzman Zoning Compliance Officer N Postage $ Certified Fee pc: VI-9900143 Postmark Return Receipt Fee Here Wendt lnloes, Planning Tech II (Endorsement Required) Kim Ogle, Planner (RE-2611) a Restricted Delivery Fee (Endorsement Julie Chester, Lead Planner Bruce Barker, County Attorney In Total Postage&Fees $ a S Recipient's Name(Please Print Clearly)(to be completed by mailer) U.S. Postal Service rn MR. & MRS. HEARST PRESSLY O— Street,Apt No.;or PO Box No. CERTIFIED MAIL RECEIPT o— 6075 NCR 20 (Domestic Mail Only;No Insurance Coverage Provided) C City,State,ZIP-4 LOW LONGMONT, CO 80504 cr ru -� PSI ;eon Froruary 2000 , Rex..,_ , r� Postage $ Certified Fee Postmark Return Receipt Fee Here r'- (Endorsement Required) ci Restricted Delivery Fee � (Endorsement Required) O Total Postage&Fees $ C S Recipient's Name(Please Print Clearly)(tc be completed by mailer) M MS. JACQUELINE MCCONNELL Street,Apt.Na.;or PO Box No. O„ ,r- PO BOX 748 Er City,State,ZIP+4 F FREDERICK CO 80530 • • SERVICE,TEAMWORK,INTEGRITY,QUALITY % SENDER: I also wish to receive the ■Complete items 1 and/or 2 for additional services. following services(for an i» ■Complete items 3,4a,and 4b. O •Print your name and address on the reverse of this form so that we can return this extra fee): C card to you. 1.❑ Addressee's Address .Z • ■Attach this form to the front of the mailpiece,or on the back it space does not 2. Restricted Delivery m - permit. in ■Write"Return Receipt Requested'on the mailpiece below the article number. Consult postmaster for fee. a m ■me Return Receipt will show to whom the article was delivered and the date « delivered. ri 4a.Article Number u 0 3.Article Addressed to: d cc 7099 3400 0017 6677 4129 c d MS. JACQUELINE MCCONNELL 4b.Service Type 5 a PO BOX 748 0 Register ' .C�I'Il' Certified fco E _�.v FREDERICK, CO 80530 0 Expre ii,.'" -----N4 to • c to O Retur Receipt for Merchandise ❑ OD i Cc .• 7. Date f Dt FI i Intl6 2001 3 a C o • 5. eceiv d By: Print Name) 8.Addres se's dres (O if re nested and fee aid) � s� 0s w ?1 vd Q 6.Sig ture: (Addressee or Agerit) 0 >` . 102595-9e-6.0229 Domestic Return Receipt '" PS Form 3811,December 1994 ,r CZ SENDER: a •Complete its or 2 for additional services. I also wish to receive the 0) ■Complete items: 4b. following services(for an a4) •Print your name ddress on the reverse of this form so that we can return this extra fee): card to you. w ■Attach this form to the front of the mailpiece,or on the back if space does not 1.O Addressee's Address V si ej Permit. Z ■Write"Return Receipt Requested"on the mailpiece below the article number. 2.0 Restricted Delivery H a The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. a O 3.Article Addressed to: 4a. • Article Number 9f v a`i a 7099 3400 0017 6677 4112 cc E MR. & MRS. HEARST PRESSLY 4b.Service Type 3F. 6075 WCR 20 ❑ Registered 7 Certified ¢ LONGMONT, CO 80504 O Express Mail O Insured O Return R ipt for erchandise O COD 7.D f itZry 07 �} o 5.Received By: (Print Name) e. 8.Ad re see's Addre (Only if requested m and fee is paid) c W 6.Signatur :(A dresses or A ) .c ' 2 PS For 1,December 1 102595.98-e1022e Domestic Return Receipt 4 ILE I 117 t; ' DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 O FAX(970)304-6498 E-mail address: kogle@CO.WeId.CO.US • WEBSITE:www.co.weld.co.us COLORADO WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 January 12, 2001 e Hearst and Nancy Pressly 6075 Weld County road 20 Longmont, CO 80504 Jacqueline McConnell P.O. Box 748 Frederick, CO 80530 Subject: Recorded Exemption (RE 2611) Parcel No., 1311 28 000005 Legal: Lot A of RE 477, being part of the NW4 SW4 Section 18, Township 2 North Range 67 West Dear Mr. and Mrs. Pressly: The Department of Planning Services' is in receipt of correspondence from Gary West of The Sampson Law Firm in Longmont dated January 6, 2000 and later correspondence from Jacqueline - McConnell dated December 4, 2000. This letter serves as a response to both letters which are enclosed for your reference. I am also enclosing a copy of the Department of Planning Services Administrative Review comments for your use and information. The itemized Conditions of Approval are clarified per the request of Gary West and are as follows: Item 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. This condition shall be met prior to obtaining a Certificate of Occupancy for a new structure. Further, questions pertaining to this condition shall be directed to Sheble McConnellogue at the Department of Public Health and Environment. Ms. McConnellogue may be reached at 970/ 304 6415 x 2702. • Item 2.A Please contact Ms. McConnellogue at the above referenced telephone number. Item 2.8 Please contact Ms. McConnellogue at the above referenced telephone number. Item 2.C The access permit should be approved by,the Town of Firestone. This agreement shall be submitted and recorded in the office of the Weld County Clerk and Recorder and shall be noted on the Recorded Exemption plat. The Department of Planning Services' has a copy of the recorded easement dated January 14, 2000. Item 2.D. As noted in the West letter dated January 6, 2000, a joint ownership and operation maintenance agreement including an access easement for the shared well shall be submitted and recorded in the office of the Weld County Clerk and Recorder and shall be noted on the Recorded Exemption plat. The Department of Planning Services' has a copy of the recorded easement for the well dated January 13, 2000, Item 2.E The access permit shall be obtained from the Town of Firestone. Item 2.F Weld'County Road 13 is maintained by the Town of Firestone, and all requested right-of-way reservations shall be obtained from the Town. item 2.G The applicant requested a land division of 5.99 acres and 2.00 acres for Recorded Exemption 2611. Per the Weld County Department of Public Health and Environment, see attached letter,"The proposed acreage for Lot[A]does not meet current Weld County Health Department policy. We would encourage the applicant to increase the acreage for Lot[A]to 2.5 acres. However, in the event the applicant cannot or chooses not to increase the lot size,the following note shall be placed on the plat." "Future development may necessitate a larger lot for Lot A that what is displayed on the plat. In addition, a larger lot for Lot A would provide additional dilution and attenuation of sewage wastes which may be beneficial to the environment." The Department of Planning Services will approve the smaller Lot size for Lot A with the above referenced note to be added to the plat. Item 2.H The applicant shall contact the School District concerning cash-in-lieu requirements for this Recorded Exemption. A letter from the District exempting the applicant from this requirement shall be submitted to the Department of Planning Services prior to recording the plat. Item 2.1 The plat shall be submitted to this office within 30 days of the date of this letter. All notes numbered lthrough 6 shall be on the plat. In addition the note referenced in this letter and documented in the attached referral from the Weld County Department of Public Health and Environment shall be included as note number 7. Item 3 The plat shall be submitted to this office with a recording fee of ten dollars. All outstanding issues outlined in this letter shall be rectified and the appropriate documentation included with the mylar plat. Item 4 See Item 3. As indicated in the McConnell letter dated December 4, 2000, the applicant does have the right to withdraw the Recorded Exemption application. There will be no refund of monies utilized in the processing of this application by staff. Further,the applicant may submit documentation requesting a Medical Hardship mobile home permit to this office for review and approval. Should the applicant elect to proceed along this path, the Department of Planning Services will request the applicant write a letter indicating the withdrawal of this Recorded'Exemption application. If you need any further information, please feel free to contact me at the above address,telephone number or e-mail address. Sincerely, Kim Ogle • Planner II cc: Jacqueline McConnell enclosures: West Letter dated January 4, 2000 McConnell Letter dated December 4,2000 Weld County Public Works referral dated October 25, 1999 Weld County Public Health and Environment referral dated October 13, 1999 Department of Planning Services Administrative Review Comments for RE 2611 M:...oglelkimlcorrespondencelre2611 0.wpd �$l A./ Veld County Planning 4 0CT 8 1999 THE SAMSON LAW FIRM . lt A Professional Corporation ry 6 Richard E. Samson 515 Kimbark Street, Suite 105 P.O.Box 1079 Daniel P. Kapsak Longmont, Colorado 80502 Alan D. Carlson Telephone 303-776-1169 of Counsel Facsimile 303-776-5444 October 6, 1999 Wendi Inloes, Planning Technician Weld County Planning Department 1555 N. 17th Ave. Greeley, CO 80631 RE: Jacqueline McConnell Mobile Home-Hearst and Nancy Pressly Property. Dear Wendi: This is a follow-up to the telephone message I left on your voice mail after we received your letter this morning. I apologize that there may be sortie confusion as to the direction that is being taken on behalf of this property. Perhaps it is our fault, because we have been working with Sharyn Frazer and did not copy you on our correspondence. Sharyn, by letter dated August 13,granted Jacque an additional 60 days to bring the property into compliance. Our intent is to file an application for a new recorded exemption for the property this week. All of the material has been prepared with the exception of the"Certificate of Conveyances," of which we are awaiting delivery by Weld County Tide. We believe that this is the correct approach to take toward a resolution of this alleged violation. I trust that we will be allowed the full 60 day extension that was granted by Sharyn to perfect the application. Thank you for your assistance and attention to 's matter. Sinc y, est cc: Sharyn Frazer, ACEO 10/06/1999 10:30 1-303-776-5444 THE SAMSON LAW FIRM: PAGE 01 THE SAMSON LAW FIRM A Professional Corporation Richard E. Samson 515 Kimbark Street, Suite 105 Daniel P.Kapsak P.O. Box 1079 • Longmont, Colorado 80502 Alan D. Carlson Telephone 303-776-1169 of Counsel Facsimile 303-776-5444 FAX COVER LETTER Please deliver this cover sheet plus 1 pages: TO: Wendi Inloes, Planning Technician FAX NUMBER: 970-304-6498 ORIGINAL MAILED: Yes FROM: Gary West DATE: October 6, 1999 RE: Jacqueline McConnell Mobile Home MESSAGE: None. THE INFORMATION CONTAINED IN THIS FACSIMILE IS CONFIDENTIAL INFORMATION INTENDED ONLY FOR IIIk USE OF'ME INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT flit INTENDED RECIPIENT, YOU ARE HEREBY NO HEILD tHAT READING, DISSEMINATING, DISTRIBUTING OR COPYING THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY PHONE AND DESTROY flit FAX COPY YOU INADVERTENTLY RECEIVED. MANIC YOU. SHOULD YOU ENCOUNTER ANY PROBLEMS DURING THIS TRANSMISSION,PLEASE CONTACT THE SAMPSON LAW FIRM, A PROFESSIONAL CORPORATION AT(303)776-1169 FOR ASSISTANCE. THANK YOU! 51111/99 fm asp 10/06/1999 10: 30 1-303-776-5444 THE SAMSON LAW FIRM: PAGE 02 THE SAMSON LAW FIRM A Professional Corporation Richard E Samson .515 Kimbark Street, Suite 105 P.O.Box 1079 Daniel P.Kapsak Longmont, Colorado 80502 Alan D. Carlson Telephone 303-776-1169 of Counsel Facsimile 303-776-5444 October 6, 1999 Wendi Inloes,Planning Technician Weld County Planning Department 1555 N. 17'" Ave. Greeley, CO 80631 RE: Jacqueline McConnell Mobile Home-Hearst and Nancy Pressly Property. Dear Wendi: This is a follow-up to the telephone message I left on your voice mail after we received your letter this morning. I apologize that there may be some confusion as to the direction that is being taken on behalf of this property. :Perhaps it is our fault,because we have been working with Sharyn Frazer and did not copy you on our correspondence. Sharyn, by letter dated August 13,granted Jacque an additional 60 days to bring the property into compliance. Our intent is to file an application for a new recorded exeniptien for the property this week. All of the material has been prepared with the exception of the"Certificate of Conveyances,"of which we are awaiting delivery by Weld County Title. We believe that this is the correct approach to take toward a resolution of this alleged violation. I trust that we will be allowed the full 60 day extension that was granted by Sharyn to perfect the application. ']tame you for your assistance and attention 's matter_ • Sin y, est • cc: Sharyn Frazer, ACEO `DEPARTMENT OF PLANNING SERVICE Weld County Adm...,strative Offices, 1400 N. 17th Avenue, Gre_.ey, Colorado 80631 Phone (970) 353-6100, Ext. 3540-Fax#(970)352-6312 APPUCATION FOR RECORDED EXEMPTION Application Fee Receipt Number Case Number. S D/J Recording Fee Receipt Number Zoning District Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. Legal Description: Lot A,Rec.Exemption#1311-1S-3-RE477 Total Acreage: 7.99 Zoning Agricultural Parcel Number 1 3 2 2 2 8 0 0 0 0 0 5 (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office). Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes_ No X , Airport: Yes _ No X , Geological Hazard: Yes_ No X FEE OWNERS OF PROPERTY Name: Hearst J. and Nancy A.Pressly Home Phone# 303-833-4039 Work Phone# 303-833-4039 Address: 6075 WCR 20 City/State/Zip Code Longmont,CO 80501 Applicant or Authorized Agent: Phone# Address: City/State/Zip Code Name: Home Phone# Work Phone# Address: City/State/Zip Code Larger Parcel Smaller Parcel Smaller Parcel Applicable only for 3-lot Recorded Exemption Water Source Well Permit#157772 Septic O-810024 ermit k 24-81, modified by Type of Sewer Proposed Use Single Family Residence Single Family Residence Acreage 5.99 Acres 2.00 Acres Existing Dwellings Yes or No Yes • Yes Existing Dwellings Address (if applicable): Larger Parcel 6075 WCR 20 Smaller Parcel 9340 WCR 13 Smaller Parcel (applicable only for 3-lot Recorded Exemption) I hereby state that all statements, proposals, or plans submitted with Ills applicati are true and correct to the best of my knowledge. Rev: 1-27-97 gnature: wner or thorized Agent 5 Response to Recorded Exemption Questionnaire Hearst J. and Nancy A. Pressly 6075 WCR 20 Longmont, Colorado 80501 1. Water supply statements addressing the following: a. Domestic use.The statement will include evidence that a water supply of sufficient quality, quantity and dependability will be available to serve all proposed lots.A letter from a water district, municipality, or a well permit are examples of evidence for domestic use. a. Water for domestic use is supplied by a well, Permit No. 157772, drilled into the Laramie Fox Hills aquifer. The annual appropriation is for 1.95 Acre feet. This well is permitted for two single family residences and has proven sufficient for the two existing homes on the site for the past nine years. While the two lots remain in single ownership, it is proposed that both lots continue to be served by the one well. The applicant is willing to provide a perpetual easement for the continued use of this well by both lots. If at a later date it becomes necessary to drill a new well to serve the smaller lot because of County Regulations,this will be done. b. Irrigation water. The statement will include the type and quantity of irrigation water to the site, whether irrigation water has been removed from the site and, if so, when. b. Three shares of Baseline Land Reservoir Company are appurtenant to the property. Irrigation water is not presently used as the lateral ditch serving the property has been interrupted. This is dryland pasture. 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Health Department. A copy of the septic permit or a letter From the sewage disposal facility must accompany the application. The property is served by an individual septic disposal system,Permit No. 24-81 as modified by Permit No. G-810024. This system was approved by the Weld County Health Department for service to two homes on July 6, 1990. It has proven sufficient for the two existing homes on the site for the past nine years. While the two lots remain in single ownership, it is proposed that both lots continue to be served by the septic system. The applicant is willing to provide a perpetual easement for the continued use of this septic system by both lots. If it becomes necessary to install a second ISDS to serve the smaller lot because of County Regulations,this will be done. 3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district,the description shall include approximate acreage of prime and nonprime farmland as defined in the Weld County Comprehensive Plan, number and types of livestock and any existing improvements such as the principal residence,labor home,mobile home,manufactured home,barn, outbuildings, irrigation ditches, and oil well production facilities on the property. Response to RE 0ue.Ym.u4e.wpd 923/99(323 PM) Page 1 of 4 The property presently is occupied by two single family residences. The principal residence located on the larger parcel is owner occupied by Hearst and Nancy Pressly. The smaller lot contains a mobile home owned and occupied by Ted and Jacqueline McConnell, the Pressly's daughter and son-in-law.This mobile home was placed on the property in 1990 as the result of a "temporary accessory use during a medical hardship" granted by Weld County Permit No. ZMH - 1656. The remainder of the property is used for agricultural purposes,grazing for cattle and horses. 4. The reason for the proposed recorded exemption with an explanation how each lot will be used. The need for the original medical hardship ended with the death of Jacqueline McConnell's first husband Darwin Barnett. As a result, the authorized temporary use has ended. The purpose of the present request is to allow the division of the property and the continued occupation of Jacqueline's home on the site. The division of the land will also benefit Hearst and Nancy Pressly in the matter of estate planning and lessening the burden of inheritance taxes. The property will continue in one ownership for the present,with Ted and Jacqueline's home on the smaller lot and the Pressly's home and outbuildings on the larger lot. The remainder of the property is used for agricultural purposes,grazing for cattle and horses. 5. A description of the location, size, and present use of the area where the proposed new lot(s)will be created. The new lot will be created on the southern portion of this 7.99 acre parcel. This will retain for the use of the new lot,the original 20'access easement across Lot B to the south,to WCR 20,if it ever becomes necessary. Normal access will be from WCR 13 to the west,with the existing 20'access easement along the western portion of the larger lot.The division will result in two lots,the first approximately 6 acres in size and a second lot 2 acres in size.The larger lot is presently occupied by a single family residence and farm related outbuildings.The smaller lot contains a single family residence(mobile home)and farm related outbuildings. It is intended that access for the smaller lot will be formalized by the deeds prepared as a result of this proposed recorded exemption. 6. A statement describing any unique physical characteristics on the site, if applicable. There are no unique physical characteristics of the site other than the abandoned Union Pacific Railroad roadbed that has been purchased by the Town of Firestone as part of a trail system. This trail separates the property from WCR 13 and provides an excellent open space buffer to the residences. 7. A statement indicating that all proposed or existing structures will or do meet minimum setback and offset requirements for the zone district in which the property is located. The existing homes and outbuilding were located in accordance with the minimum setback and offset requirements of the Weld County Zoning Code in place at the time. The applicant intends to make no changes in the location of the homes. Rasponss to RE Oussbomatra.wpd 9/23/09(323 PI) Page 2 of 4 8. A statement indicating whether the applicant is willing to place a conservation easement on the property to maintain farm production or open space. The applicant does not feel that a conservation easement is appropriate for this site.It is non-prime agricultural land that is only used for grazing.The property is adjacent to a linear trail and open space owned by the Town of Firestone.A conservation easement over this small parcel will have little benefit to that trail system, being on the east side, away from the mountain views. 9. A statement indicating whether a building envelope will be designated on any of the lots. There are existing single family homes and farm type outbuildings on the lots.It is not anticipated that the present building envelopes will be changed. 10. A statement explaining how the proposal is consistent with the Weld County Comprehensive plan and any adopted municipal plan, and any approved intergovernmental agreement(s), if applicable. The proposal will have no effect upon existing conditions on the site and therefore remains consistent with the Weld County Comprehensive Plan. The proposal, although somewhat inconsistent with the Firestone Comprehensive Plan,will not impact the long-term planning for the area.The Firestone Comprehensive Plan suggests a more intensive use of the property,a"future use"that is not impaired by this proposal.The Firestone suggested land use is Low Density Residential at 0-3 DU's per acre.The proposed recorded exemption certainly fits within these parameters.There are no intergovernmental agreements that the applicant is aware of that effect this property. 11. A statement explaining how the proposed uses will be compatible with existing surrounding land uses. The existing surrounding land use is large lot residential within Weld County. The proposal is complementary to that use and will have no discernable new impact upon adjacent property. 12. A statement explaining how the proposal is consistent with the intent of the district it is located within as expressed in the Weld County Zoning Ordinance, as amended, and the Weld County Comprehensive Plan. The proposed recorded exemption is consistent with the intent of the(A)Agricultural district in which it is located and will not adversely effect the Weld County Comprehensive Plan. The proposed recorded exemption is a confirmation of the existing land uses of single family residential and agricultural grazing. The proposal will divide the property, enabling each residence to be on a separate lot. Rnpm..to RE Ou..dm.rk..wpd 9/23/99(3sa PM) Page 3 of 4 13. A statement explaining how the proposal is consistent with efficient and orderly development as defined in the Weld County Subdivision Ordinance, Section 1.3; as defined below. - Assist orderly and integrated development. — Promote the health, safety, and general welfare of the residents of the County. - Ensure conformance of land subdivision plahs with the public improvement plans of the County and its various municipalities. - Ensure coordination with public municipal improvement plans and programs. - Encourage well-planned subdivisions by establishing adequate standards for design and improvement. — Safeguard the interest of the public, the homeowner, and the subdivider. - Securing equitable handling of all subdivision plans by providing uniform procedures and standards. - Preventing loss and injury from fire in wooded terrain. - Preserve agricultural land and promote its most productive agrarian use. - Ensure irrigation water currently associated with a farm or rural unit of land will be retained for agricultural uses. - Preserve natural vegetation and cover and promote the natural beauty of the County. - Prevent and control erosion, sedimentation, and other pollution of surface and subsurface water. - Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood control projects. - Restrict or regulate building in flood hazard overlay district areas,shoreland,areas covered by poor soils or in areas poorly suited for building or construction. - Prevent loss and injury from land slides, mud flows, and other geologic hazards. - Provide adequate space for future development of schools and parks to serve the population. We believe that this proposed recorded exemption, because it makes no changes in existing conditions,is consistent with the efficient and orderly development as defined in the Weld County Subdivision Ordinance. The proposed recorded exemption recognizes that the area is already cut up by other recorded exemptions and county subdivisions and will have no impact on existing conditions. The recorded exemption will no effect upon the long-range development plans of Frederick(west of WCR 13)or Firestone(north,south and east of the property.It is in the Firestone Comprehensive plan area which calls for an average density of 0-3 units/acre in this area, certainly compatible with the 2 units/8 acres that will result from this recorded exemption. Urban services are not requested or required for the property. It preserves the existing agricultural uses(grazing for cattle and horses) as well as the irrigation water appurtenant to the property.There are no natural hazards on the property that will affect these existing homes and farm outbuildings. Response to RE Quesdonrie.wpd 923/99(]2J PM) Page 4 of 4 I PRESSLY RECORDED EXEMPTION AN AMENDMENT TO AMENDED LOT A, RECORDED EXEMPTION NO. 1311-18-3-RE477 I 7 20'Acosss Easement 1195' x15' F —T-107:--Essig" pmesol Iom._�.. NEW 5.96 kris mid Farm Outbuildings LOT—B\ I ISE 171 I i Aria i 371' edging Mobilo Hama FarmI i Caballing .I—ilia—a.. o-4O 798' 169' 1818' I 8 1111II M II IIl1II1IItll IIIIIiltll �llilh IlIIl1111111111IIIIII1IIIIIIIIIIIIIIIIIIIIII1 I ' I ' il j i - -- - - - - I f WELD COUNTY ROAD 19 it rrNr. sr Anions Railroad hal .—.... EdaBrp I5'Moses (Abandoned Links Pacific RR) n■rrrwU.rrwI / ,1SYI�m N inn SCALE i��a rs Q 190 _ 640 �1� 1 •. me 11 a jt DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 1555 N. 17TH AVENUE C. GREELEY, COLORADO 80631 COLORADO August 3, 1999 Richard Sampson 515 Kimbark Street, Suite 105 P.O. Box 1079 Longmont, CO 80502 RE: VI-9900143 Dear Mr. Sampson: I am following up on the status of the mobile home that is on Hearst and Nancy Pressly's property. From what I can tell, there has been no action taken to bring the mobile home into compliance. At this time since no action has been taken, we will pursue the violation, and you will be contacted on a Board of County Commissioners hearing date from our Zoning Compliance office. If you should have any questions, please contact me at the above telephone number and address. Sincerely, b(64 caglif2a., Wendi Inloes Planning Technician pc: Zoning Compliance • THE SAMSON LAW FIRM A Professional Corporation Richard E. Samson 515 Kimbark Street, Suite 105 o-' - P.O. Box 1079 Daniel P. Kapsak Longmont, Colorado 80502 Alan D. Carlson Telephone 303-776-1169 of Counsel AUG 1-7 1999 Facsimile 303-776-5444 August 13, 1999 RECEIVED Sharyn Frazer,ACM) Code Compliance Officer Weld County Planning Department 1555 N. 17'h Ave. Greeley, CO 80631 RE: ZPMH- 1656-Annual Review of a Zoning Permit for a Mobile Home Used During a Medical Hardship; VI-9900143 Dear Ms.Frazer: I apologize for not responding earlier to Ms.Inloes July 1 letter regarding the Jacqueline McConnell mobile home on the property of her parents,Hearst and Nancy Pressly. Jacqueline is on the road and our contact with her has been infrequent. I appreciate the material Ms. Inloes sent regarding the qualifications for a temporary use during a medical hardship. We are exploring the possibility of obtaining a physician's statement to substantiate a medical hardship at this time. Jacqueline's mother has a history of heart problems,so that is a very real possibility. We therefore respectfully request an extension of 60 days to schedule an appointment with her cardiac specialist to make that determination. I would also like to explore the possibility of obtaining a further division of the Pressly property. The Pressly property was created by Recorded Exemption No. 1311-1S-3-RE477,and recorded January 21, 1981 in Book 926 as Reception No. 1847580. It is my understanding that if the property could be divided,this would resolve the problem as the McConnell home could then be placed on a separate lot. I am unclear regarding Weld County subdivision policy and its application to these old Recorded Exemptions. I will greatly appreciate a copy of the policy,or the section of the Weld County Subdivision Code that governs this issue. Again,thank you for your assistance and understanding in this matter. I look forward to an opportunity to meet and discuss this matter at your convenience. I may be contacted by telephone at(303)776-1169. Truly Yours Richard . amso cc: Jacque McConnell Hearst and Nancy Pressly 4ulie Chester,Weld County Planning Weld Planning-Jacque MCComeg.Wpd En 3199 µ:0O PM) PERMITS Id: MISC120 Keyword: UACT User: FCOUNTER 08/18/99 Additional Notations for Inspection item: 00404 Violation Permit No: VI-9900143 Applicant: BARNETT DARWIN 8 JACQUELINE Status: COMPLNT Address: 9340 WCR 13 WEL Line Insp. Date Text 1 08/18/99 EXTENSION GRANTED TO ALLOW PROCESSING TIME TO BRING THE -' 2 08/18/99 PROPERTY INTO COMPLIANCE. SEE LETTER FROM MR. SAMSON AND 3 08/18/99 RESPONSE FROM SHARYN FRAZER, CODE COMPLIANCE OFFICER. 4 08/18/99 RECHECK 10-18-99. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 ' Phone: (970) 353-6100, Ext. 3540 C. Fax: (970) 304-6498 COLORADO August 16, 1999 Richard Samson The Samson Law Firm 515 Kimbark Street, Suite 105 Longmont, CO 80502 Subject: VI-9900143 and ZPMH-1656, Annual Review of a Zoning Permit for a Mobile Home Used During Medical Hardship. Dear Mr.Samson: The Department of Planning Services is in receipt of your letter dated August 13, 1999. At this time,an extension of 60 days can be granted to allow enough time to bring the property into compliance. I have not enclosed any sections or codes from our Ordinances, based on the need for further information. I would recommend that you discuss the options regarding further dividing the property with one of our Planners. The Planners are"on-call"and available daily from 7:30 a.m., until 4:30 p.m.,weekly. Thursday's"on-call" hours are 12:00 p.m., until 4:30 p.m., due to weekly staff meetings. I will schedule a recheck on the violation for October 18, 1999. If you should have any questions, please contact me at the above address and phone number. Sincerely, Sharyn Fraz ACE° Code Compliance Officer pc: VI-9900143 SERVICE,TEAMWORK,INTEGRITY,QUALITY 08/13/1999 16:55 1-303-776-5444 THE SAMSON LAW FIRM: PAGE 02 THE SAMSON LAW FIRM A Professional Corporation Richard E. Samson 515 Kimbark Street,Suite 105 Daniel P.Kaµvak P.O. Bar 1079 Alan D. Carlson • Longmont, Colorado 80502 of Counsel Telephone 303-976-1169 Facsimile 303-776-5444 August 13, 1999 Sharyn Frazer,ACE° Code Compliance Officer - Weld County Planning Department 1555 N. 17°Ave. Greeley, CO 80631. RE: ZI'MH- 1656-Annual Review of a Zoning Permit for a Mobile Home Used During a Medical Hardship;VI-9900143 Dear Me. Frazer, I apologize for not responding earlier to Ms. hikes July 1 letter regarding the Jacqueline McConnell mobile home on the property of her parents,Hearst and Nancy Pressly Jacqueline is on the road and our contact with her has been infrequent. I appreciate the material Ms. Inloes sent regarding the qualifications for a temporary use during a medical hardship. We are exploring the possibility of obtaining a physician's statement to substantiate a medical hardship at this time. Jacqueline's mother has a history of heart problems,so that is a very real possibility, We therefore respectfully request an extension of 60 days to schedule an appointment with her cardiac specialist to make that determination. I tumid also like to explore the possibility of obtaining a*rater division of the Pressly property. The Pressly property wac created by Recorded Exemption No. 1311-1S-3-RE477,and recorded January 21, 1981 in Book 926 as Reception No. 1847580. It is my understanding that if the property could be divided,this would resolve the problem;as the McConnell home could then be placed on a separate lot. I am unclear regarding Weld County subdivision policy and its application to these old Recorded Exemptions. I will greatly appreciate a copy of the policy,or the section of the Weld County Subdivision Code that governs this issue. Again,thank you for your assistance and understanding in this matter. I look forward to an opportunity to meet and discuss this matter at your convenience.I may be contacted by telephone at(303)776-1169, ruly Yours Richard . 'a cc Jacque McConnell Hearst and Nancy Pressly Julie Chester, Weld County Planning Weld Planing-Jacque NCCna,HLaw.t 6/13432(x:06 P% 09/13/1999 16:55 1-303-776-5444 THE SAMSON LAW FIRM: PAGE 01 THE SAMSON LAW FIRM A Professional Corporation Richard E. Samson 515 Kimbark Street, Suite 105 Daniel P. Kapsak P.O.Box 1079 Longmont, Colorado 80502 Alan D. Carlson Telephone 303-776-1169 of Counsel Facsimile 303-776-5444 FAX COVER LETTER Please deliver this cover sheet plus 1 pages: Name: Sharyn Frazer Organization: Weld County Planning Department MAILED: Yes Fax: 970-304-6498 From: Richard E. Samson Date: August 13, 1999 Subject: ZP1V1H- 1656;VI-9900143 MESSAGE: 1111, INFORMATION CONTAINED IN THIS FACSIMILE IS CONFIDENTIAL INFORMATION INTENDED ONLY FOR 1 L E USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF IRE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NO 17r'11«,D THAT READING, DISSEMINATING, DISTRIBUTING OR COPYING THIS COMMUNICATION LS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY PHONE AND DESTROY THE FAX COPY YOU INADVERTENTLY RECEIVED. THANK YOU. SHOULD YOU ENCOUNTER ANY PROBLEMS DURING THIS TRANSMISSION,PLEASE CONTACT . THE SAMPSON LAW FIRM,A PROFESSIONAL CORPORATION AT(303)776-1169 FOR ASSISTANCE, THANK YOU! 5/15188(3:32 PM) Kest Z.:41%. DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 "lig FAX (970)304-6498 1555 N. 17TH AVENUE C. GREELEY, COLORADO 80631 COLORADO July 1, 1999 Richard Sampson 515 Kimbark Street, Suite 105 P.O. Box 1079 Longmont, CO 80502 Dear Mr. Sampson: I took your request to our planning staff meeting this morning concerning the mobile home for Jacqueline McConnell to continue to stay on the property of Hearst and Nancy Pressly. Your letter was reviewed by staff and our director, and was determined that the documentation provided is not adequate to substantiate a medical hardship at this time. A letter from a medical doctor indicating that the parents require full time care would be necessary. I have enclosed a copy of the section regarding medical hardships from the zoning ordinance. If you should have any questions, please feel free to contact me at the above telephone or address. Sincerely, Wendi Inloes Planning Technician cc: Sharyn Frazer, Zoning Compliance Julie Chester, Lead Planner THE SAMSON LAW FIRM A Professional Corporation Richard E. Samson 515 Kimbark Street, Suite 105 P.O. Box 1079 Daniel P. Kapsak Longmont. Colorado 80502 Alan D. Carlson Telephone 303-776-1169 of Counsel Weld County Planning Deft' Facsimile 303-776-5444 JUN 21 1999 June 17, 1999 Sharyn Frazer, ACED RECEIVED Code Compliance Officer - Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: ZPMH- 1656- Annual Review of a Zoning Permit for a Mobile Home Used During a Medical Hardship; VI-9900143 -Zoning Violation Notice. Dear Ms. Frazer: On behalf of my client, Jacqueline(Barnett)McConnell, I have received your letter dated May 6, 1999 and a previous letter from Wendy Hoes, Planning Technician, dated February 18, 1999. I apologize for our delay in responding to these letters,the earlier one was not delivered as Jacque's post office box number was missing from the address. It was only after Jacqueline's parents received the Zoning Violation Notice that she became aware of your zoning status review. Weld County issued this zoning permit to allow the mobile home to be placed on Jacque's parents' property during a medical hardship involving Jacque's late husband, Darwin Barnett. Following Darwin's death,Jacque maintained the mobile home on the property to be close to her parents who had reached retirement age and required some assistance to maintain their property. Both Jacque and her parents,Hearst J. and Nancy A. Pressly,will suffer unnecessary hardship if the County requires the removal of this mobile home. The cost of moving the mobile home will be several thousands of dollars. Rental mobile home spaces in the immediate Tri-town area are scarce and property where the mobile home could be placed in the county, even more limited and high priced. Jacque's parents are approaching the age where they will require her to provide more help, supervision and assistance, if they hope to maintain their home in the country. In this instance, if forced to move now, Jacque will request permission to move the mobile home back to the property, again as a medical hardship. The present situation is ideal, as Jacque's parents can keep an eye on the mobile home during Jacque's absences as an over-the-road truck driver. It then provides a "home base"from which Jacque can help her parents between trips. Weld County Planning Dept. Sharyn Frazer JUN 21 1999 June 17, 1999 Page Two RECEIVED I also draw your attention to the findings of the Planning Staff at the time they issued the permit. The use was compatible with the Comprehensive Plan. It was compatible with the area and the character of the neighborhood. Water and sewage disposal facilities adequately served the property. There were no adverse impacts on the immediate area, nor the general health, safety, and welfare of residents of the area or of the County. Furthermore,there was no opposition by the neighboring residents to the placement of the mobile home on the property. Mr. Gary West, a consultant in my office, discussed this matter with Julie Chester,the Weld County Planner on call, on June 8, 1999. I appreciate the indication in your letter of May 6, and the confirmation by Ms. Chester to Mr. West,that it is the intention of the Department to assist and cooperate with Jacque and her parents in the resolution of this situation without imposing undue hardships. I trust that this letter will open the dialogue to explore the options that are available for Jacque and her parents and will forestall formal action by the Board of County Commissioners during this conversation. Thank you for your assistance and understanding in this matter. I look forward to an opportunity to meet to discuss this matter at your convenience. I may be contacted by telephone at(303) 776-1169. Very Truly Yours, Richard E. Samson cc: Jacque McConnell • Hearst and Nancy Pressly Chester,Weld County Planning Weld Flaring-Jacld McConnell-ZPMH-1959.wpd&17!99(10:10 AM) • (1). DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 ' Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 C. COLORADO WELD COUNTY ZONING VIOLATION NOTICE • May 6, 1999 Hearst and Nancy Pressly e Darwin and Jacqueline Barnett 6075 Weld County Road 20 do Jacqueline Mc Connell Longmont, CO 80501 P.O. Box 748 Frederick, CO 80530-0748 Subject: VI-9900143, The SW4 of Section 18, T2N, R67W of the 6th P.M., Weld County, Colorado. The uses on the above described property are being considered as a zoning violation of Sections 31.2, 43 and 43.2.4 of the Weld County Zoning Ordinance. The mobile home located on the property under Permit Number ZPMH-1656, for a medical hardship, that has not had an annual review. I have included a copy of the letter dated February 18, 1999, that was mailed from Wendi Inloes, Planning Technician, for your review. 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 until June 21, 1999, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. This office is ready to be of any assistance in clarifying or answering questions concerning this matter. Please contact me at the above address or telephone number. Sincerely, haryn F zer, ACED Code Compliance Officer pc: VI-9900143 Wendi Inloes, Planning Technician SERVICE,TEAMWORK,INTEGRITY,QUALITY I LNI i- .. ]A'.Y r�-fa �E4,49.4,4* tl 1c V ; DEPARTMENT OF PLANNING SERVICES it " . PHONE (970) 353-6100, EXT.3540 FAX (970) 351-0978 WELD COUNTY ADMINISTRATIVE OFFICES O • 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 18, 1999 . Jacqueline Barnett 9340 WCR 13 Frederick, CO 80530 I Subject: ZPMH - 1656 - Annual Re w ofra Zoning Permit for a Mobile Home used during a Medical Hardship located on a parcel, f land described as SW4 of Section 18, T2N, R67W of the 6th P.M., Weld County, Coloradd.l{ Dear Ms. Barnett: We are currently updating our Medical hardship zoning permit records. These permits are temporary. Such permits are subject to review annually on the anniversary of the original permit's issuance. Our review of ZPMH - 1656 issued to the above property needs to be updated. If the mobile home is currently located on the property, staff is requesting written evidence within 30 days of this letter, that the medical hardship still exists. A letter from an attending physician or other responsible medical authority verifying that a medical hardship still exists or that close attention is still required and can be provided in a home environment will satisfy the annual review requirement. If the use of the mobile home has changed or been removed, please contact Wendi Inloes at the above address and phone number. We are requesting your cooperation in this matter by providing this office with the above mentioned information as soon as possible. Sincerely,, er� Wendi Inloes Planning Technician Service,Teamwork, Integrity,Quality PERMITS Id: ASSR100M Keyword: SPARC User: SFRAZER 05/06/99 Parcel General Information Maintenance General Parcel Data Maint - Action: Update Record Parcel No: 1311 18 000005 Rg Ts Sec : 670218 Status: A Active Retired(Y/N): N Street Address: 9340 Dir: St: WCR 13 City: WEL Situs Location: 9340 13 CR WELD Legal Desc: 20358-G PT SW4 18 2 67 BEG N89D42'W 225.90' & SOD Acres: 7.99 X-COORD: Y-COORD: Tax Rate Area: 1337 Assr Use Code: 5407986 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: PRESSLY HEARST J & NANCY A Phone: Mailing Addr: 9340 WELD COUNTY RD 13 LONGMONT CO Zip: 80504 Contract Owner: Percent/Ownership: .00 F7tWrite Record, f2tAllow Fractions, ESC¢Cancel Account Mine? I Twn? I Bik/Lot I Condo?' -"bile?' Sales? N Owner Name/. I -- _ M5408086 J k`' )tyL:- Legal Description PRESSLY HEARST&hr..4CY ?i .1 ` Year District 6075 WCR 20 , ILONGMONT CO 80501 120358-G IMPS ONLY MH PT SW4 18 2 67 1999 1337 KIT 72-6802KAB LAND PRESSELY HEARST Apr Dist St S&NANCY A L Parcel Number MH Space Sequence 131118000005 1 01 e L: ft Ft '4 :0.i.::, ,474.0.,4r.m,- ` r k..�, s' '" t f qrw e; a .%irs. ,. fF B. k• f:• iD ti• + t... t v 111 ✓ r " F_4-4,,,...,,,,,,,,,,,,,,,,Atj.,.� / .� {�"' ,' 5:1,;i+F, ,:','1-'7O17f 5 14,," ©I ' (° '�),,� 4 Acct Type Lagt rL,J.y.�`.t,i I a, �w,; ;I/� u �l. .�n :. --- ',.;; ;:;5""..-.Si..,` o t jD .,etc'; t i w �. r dk:' r7, .f_,. i Ye r r �' t igY sa vtz; Y`` �.{.'L�Lt . p1?:':'ff;, •:,I". �� j W ,,.:< BACode Owner Id Owner Location Ma No -=` r � 1 '�- 4'"' - '' _ -1-=� Business Name -"-" .-` i+, f! t t+ i(ifi' Sit 1 -• f_ aai•f..'r_ 'r`__..- ,) r Name ❑ Tax Items ❑ Protest(T) i it , i,3�� .r Fr : i Situs ❑ Pre/Suc c.,.::.. � .:_. .: �,... n. ..._. ❑ Mobile Aut !_.. Personal(P ❑ Mobile ❑ Remarks ❑ Value ' Oil and Gas _ �,_ D Tract ❑ Tax Sale , Current Year ` Prior Version Go To Imaging E Railroads ❑ Condo El Spec As Prior Year Ne(x)t Version Abatement ❑ Control O Block ❑ Mines Next Year Clerk's Doc's Property Card ❑ Sales [] Sibling ❑ History Update Clear Exit ❑ Misc(M) CIFIa s g - - -- Account... Mine? I Twn? Blk/Lot I Condo? ',bile?' Sales? Owner NameL 1111 M0200290 BARNETT DARWIN _CONNELL i � 7=.,0 K MCE K �'""` "�`" Legal Description , Year District CIO JACQUELINE P O BOX 748 120358-G IMPS ONLY MH PT SW4 18 2 -. 1999 1337 FREDERICK CO 80530-0748 '67 OAK MANOR 82-GDGENE248212393 Apr.Dist- 'St. LAND PRESSLEY HEARSTJ&NANCY A A Parcel Number MH Space Sequence 131118000006 2 01 ' p r S I �{ z � �C �E Acct Type Lagt fir • ' ai r' r g,""749-101-1,” Agricultural STVC 3'= ₹ _ 11 BACode Owner Id Owner Location Map No s r Business Name qq l I ❑ Name ❑ Tax Items ❑ Protest(T) Situs ❑ PrelSuc ❑ Mobile Aut ❑ Personal ❑ Mobile ❑ Remarks ❑ Value ❑ Oil and Gas ❑ Tract ❑ Tax Sale Current Year Prior Version Go To Imaging Condo ❑ Spec As ❑ Railroads ❑ Prior Year Ne(x)t Version Abatement ❑ Block ❑ Mines ❑ Control Next Year Clerk's Doc's f Property Card ❑ Sales ❑ Sibling ❑ History ❑ Update Clear Exit Misc(M) ❑ Flags i; -via« Ybst»uitwl+a wrAtta.«ti.z<.—. aw n 8937 lo, MAR 21981 c, 929 4/ Recorded at lip. o i—a M. s ft County. :florado c4 - Reception No. 1851035- _____ (_M�- _ :_ -....�.- —__ II— DC day /!b enj FIWNOSTAMP is, DEED. Made this /C! -J '19 81 betweenwel i Os II LARRY 0. FULTON, CONNIE J. FULTON and Sale F« II I I RICHARD LEE FULTON T II of County of Weld and State of •�� MAR 21981 I Colorado,of the first part.and S. N f�y II o a I ;I ' HEARST J. PRESSLY and NANCY A. PaaRESSLY I yle ,i whose legal address is 6C47/ 'ct d C c 4_a -4-°• p G G d / ,��</fmoo � -. II of the -Monty of Weld and State of I O Colorado,of the second part: I l 0 I.., * *"* * * * n' 1- N'ITNESSETH,that the said party of the port.for and in mnsideratian o(the sum of l * * FORTY THOUSAND THREE HUNDRED EIGHTY NINE and 28/100 * * DOLLARSI)1 a -- o -> ' and other gond and valuable considerations to the said party of the first part in hand paid by the said parties of the II CI 104. i I second part,the receipt whereof is hereby confessed and acknowledged,has granted,bargainwL sold and conveyed.and I IIby these presents does grant,bargain.sell.convey and confirm unto the said parties of second part,their heirs and •I u4 p �� a assigns forever not in tenancy in common but in joint tenancy,all the followingdeserihedlot *parcel of II - - County of Weld and State of Colorado.to wit: I land,situate.IsinR and being the i e c a i.5 = l Lot A of Recorded Exemption No. 1311-18-3-RE477, II II recorded February 9, 1981 in Book 927 as Reception No. 1849188. !I S, TOGETHER WITH a 20 foot access casement over and atress Lot B of Recorded Exemption No. 1311-18-3-RE477, as gran . ' in instrumentlI 7 I recorded January 21, 1981 in Book 926 as Reception N.•. 1847580. I " I also known as street and number (No address.) I ITOGETHER with all and singular the hereditaments and appurtenances thereunto belonging.or in anywise apper- I i [tithing and the reversion and reversions. remainder and remainders. rents. issues and profits thereof; and all the I I'm II estate.right.titte.interest,claim and demand whatsoever of the said party of the first part.either in law or equity.of.in v iIand to the above bargained premises.nith the heredi[anu•nta and appurtenances. N TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances.unto the said I, m III I parties of the second part,their heirs and assigns forever.And the said party of the first pan.for himself.his heirs. I' tp executors.and adm?nistnton;does covenant.Brant,bargain and agree to and with the said parties of the second part. their heirs and assigns.that at the time oft be ensealing and delivery of these presents.he is well seised of the premises II II above conveyed.as of good.sure,perfe t.absolute and indefeasible estate of inheritance.in law.in fee simple.and has I' Igood right,full power and lawful authority to grant-bargain,sell and convey the same in manner and form aforesaid. Iand that the same are free and clear from all former and of her grants-bargains,sales,liens.taxes.e.ssessmeats and Iencumbrances of whatever kind or nature server. except taxes for 1981 and subsequent years, which by reason of adjustment the grantees assume and agree to pay, II and subject to easements, reservations, restrictions and rights of *ay' of record, if any, and any liens resulting from the inclusion of sand I premises in any water or sewer conservancy district. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part.the survivor of them-their assigns and the heirs and assigns of such survivor against all and every person or persons lawfully claiming or to claim the whole or any•art thereof.the said party of the first part shall and will WARRANT AN D FOREVER DEFEND.The singular number shall include the plural.the plural the singular,and the use of any gender shell be applicaule to all Renders. year first IN WITNESS WHEREOF the said party of the first part has hereunto sat his hand and seal the day and I above written. - /I Signed.Sealed and Delivered in the Presence of - -D �O f - [SEAL) • .. _.ISEALI — — nneJ ; oy ISEALI ------ Richard Lee ISUCOn STATE OF COLORADO - sa. County of Boulder ��i<c«r•J la 81 4114.4 da•of .fir- gynstru 0. Fu ecknn,lodged Connieefore me this,,.--• 'Ly 0. Fulton, J. Fulton and lPSchard Lee Fulton. ... _Sn(tY ..... • my commis*,Wig Ott,„I !ell ..." .Witness my hand and official seal. No.9Yi',1'. WARRANTY nten-rain sense.-0 radrerd heu.hl,.Cs-Denver.Colorado u-» Hello