HomeMy WebLinkAbout20000824.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST DARA ALEXANDER AND ROY MILLER FOR VIOLATION
OF THE WELD COUNTY ZONING ORDINANCE
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, Dara Alexander and Roy Miller, VI #0000039, are allegedly in violation of
the Weld County Zoning Ordinance, and
WHEREAS, on the 11th day of April, 2000, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Dara Alexander and Roy Miller, property owners, were present at said
hearing, and
WHEREAS, at said hearing the Board of County Commissioners determined the
property is now in compliance, and deemed it advisable to dismiss said matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0000039 against Dara Alexander and Roy Miller be, and
hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of April, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLD DO
ATTEST:
arbara J. eyer, Chair
Weld County Clerk to the :oar:-i`nor
- r'
. J. Ole, Pro-Tem BY: Deputy Clerk to the Boar �u Nj z
George . Baxter
APPRQ�ED AS TO,F9RM: < V ar�'s�.�y'
Dale K. Hall
Gi L
Cg�afity Attorney7\ 407/14A
Glenn Vaad
2000-0824
PL0824
et AL, 1'I cR
DATE: April 6, 2000
VIOLATION NUMBER: VI-0000039
NAME: Dara L. Alexander C/O Roy Miller
ADDRESS: 39726 WCR 29, Ault, CO 80610
ZONE DISTRICT: Agricultural
LEGAL DESCRIPTION: Part of the NE 4 of Section 36, T4N, R67W of the 6th P.K. ,
Weld County, Colorado
PARCEL NUMBER: 0707-16-000045
CASE SUMMARY
November 30, 1999 Upon completing the annual review of a Zoning Permit for a
Mobile Home used during a Medical Hardship, Wendi Enfoes,
Planning Technician, discovered that we had not yet received
a new letter explaining the renewal necessity of the Medical
Hardship Zoning Permit. At that time she sent a letter
indicating to Mr. Miller the necessity of that letter.
December 15, 1999 Mr. Miller called and spoke to Wendi Inloes regarding the
letter for the renewal of the Medical Hardship Zoning Permit.
January 10, 2000 Wendi Inloes sent another letter requesting the Medical
Hardship letter as per their telephone conversation on
December 15, 1999 due to the fact that we had not yet
received the letter from them.
February 9, 2000 We, the Department of Planning Services, received a letter
from Ms . Dara L. Alexander by care of Mr. Miller. At that
time, Mr. Miller indicated that he would like to attend a
Violation Hearing in front of the Board of Commisslonera .
February 10, 2000 Julie Chester, Lead Planner, unaware of the newly received
letter (as described above on February 9, 2000) , addressed
to Vicki Brown, previous Zoning Compliance Officer, sent out
a Thirty Day Zoning Violation Notice to the property owner
indicating a violation of Section 31..2, 43 , and 43 .2 .4 of the
Weld County Zoning Ordinance.
2000-0824
February 24, 2000 We, the Department of Planning Services, received another
letter from Ms . Dara L. Alexander by care of Mr. Miller. He
again requested to be seen in front of the Board of County
Commissioners .
March 30, 2000 Letter sent (certified) to the property owner in care of Mr.
Roy Miller, indicating that the violation hearing was
scheduled before the Board of County Commissioners on
April 11, 2000 at 10 :00 a.m. .
There is a violation of Section of section 31 .2, 43, and 43 .2 .4 of the Weld
County Zoning Ordinance. To bring the property into compliance the property
owner must remove the mobile home, obtain a temporary Medical Hardship Zoning
Permit, or obtain a permanent Medical Hardship Zoning Permit .
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 .
ls ct isliq
T
DEPARTMENT OF PLANNING SERVICES
III Code Compliance Division
C 1 555 N. 1 7th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3 340
COLORADO Fax: c970[ 3046498
INSPECTION REPORT
NAME : Dara Alexander & Roy Miller
LEGAL DESCRIPTION OF PROPERTY: Part of the NE4 of Section 16, T7N, R66W,
of the 6th P.M. , Weld County, Colorado
DATE: April 10, 2000
CASE NUMBER: VI-0000039
Visual inspection of the property revealed no active violations other than the
non-permitted mobile home. The property is kept extremely clean.
Ms . Alexander stated that they would be at the violation hearing of the Board
of County Commissioners .
ethany Sal n
Zoning Compliance Officer
pc: VI-0000039 HMS"
Jule Chester
Kit(11(
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
0 Phone (970) 353-5100
Fax (970) 304-•x493
COLORADO
March 30, 2000
Mr. Roy Miller
39726 WCR 29
Ault, CO 80610
Subject: VI-0000039-Part of the NE 4 of Section 36, T4N, R67W of the 6th P.M., Weld County, Colorado
Dear Mr, Miller:
The property referenced above remains in violation of the Weld County Zoning Ordinance, I have scheduled
a meeting with the Board of County Commissioners on April 11, 2000, at 10:00 a.m., to consider the violations
occurring on the property. 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.
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, 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 call
me.
Sincerely,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0000039
Julie Chester, Lead Planner
Wendi Inloes, Planner
SERVICE,TEAMWORK,INTEGRITY,QUALITY
•
Roy L. Miller
Dara L. Alexander
39726 WCR 29
Ault, CO 80610
February 22, 1999
Ms. Julie A. Chester
Lead Planner
Department of Planning Services
Code Compliance Division
1555 N. 17`h Avenue
Greeley CO 80631
/6, '
Re: VI-0000039-Located in the NE4 of Section 36, T4N, R67W of the 6th P.M., Weld
County, Colorado
Dear Ms. Chester:
I have attached a letter sent to Ms. Vickie Brown of your office regarding the above captioned
matter. As you can see from the information in the letter sent to Ms. Brown, we would like to
have the status of this permit changed from temporary to permanent.
We are, therefore, requesting your cooperation with scheduling this matter before the Planning
Board. Please notify us as soon as possible as to the date and time of the requested hearing.
Please feel free to contact me at work(303) 837-6062 or leave a message at our home (970) 834-
1928.
Thank you very much for your prompt attention to this matter.
pectful ly,
( -
Dara L. Alexander
cc: Wendi Inloes, Planning Technician
Veld County PInninl Le„
B 7 4 2000
RECEIVFI)
� 6
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
February 10, 2000
Roy Miller
39726 WCR 29
Ault, CO 80610
Subject: VI-0000039-Located in the NE4 of Section 36, T4N, R67W of the 6th P.M., Weld County, Colorado
Dear Mr. Miller:
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.
It has come to the attention of the Department of Planning Services' staff that the uses on your property (39726
WCR 29) may not be in compliance with the Weld County Zoning Ordinance. The mobile home located on the
property under permit number ZPMH-2114, for a medical hardship, has not had an annual review. I have
included a copy of the letter dated January 10, 2000, that was mailed to you 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 thirty(30)days from the date of this
letter 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,
Julie A. Chester
Lead Planner
pc: VI-0000039
Wendi Inloes, Planning Technician
SERVICE.TEAMWORK,INTEGRITY,QUALITY
Roy L. Miller
Dara L. Alexander K e!d County Fl,anni• g 1;
39726 WCR 29
Ault, CO 80610
��jj
!:17-B 09 2000
February 7, 2000 R. E E I V 7 p
Ms. Vickie Brown
Zoning Compliance
Weld County Planning Department
1555 N. 171h Avenue
Greeley CO 80631
Re: ZPMH-21 14— Annual Review of a Zoning Permit for a Mobile Home used during a
Medical Hardship located on a parcel of land described as part of Section 16,T7N,
R66W of the 6th P.M., Weld County, Colorado
Dear Ms. Brown:
Pursuant to a letter we received from Wendi Inloes, Planning Technician, dated January 10, 2000.
this is a request for a hearing before the Planning Board for a ruling regarding the above
captioned permit. We would like to have the status of this permit changed from temporary to
permanent. Let me give some pertinent facts regarding this request.
On October 17, 1998. Jack Miller, husband of Ruth Miller(mother of Roy L. Miller)died of
cancer. As a result of losing her husband and being left in a terrible financial position, Ruth
became both physically and emotionally ill. We applied for and received the above captioned
permit. We have been unable to get cooperation from her doctor to fulfill the requirements of the
present permit, her financial situation remains unchanged and Roy Miller is her only living
relative.
We are,therefore, requesting your cooperation with scheduling this matter before the Planning
Board. Please notify us as soon as possible as to the date and time of the requested hearing.
Please feel free to contact me at work(303) 837-6062 or leave a message at our home (970) 834-
1928.
Thank you very much for your prompt attention to this matter.
spectffuul�llly % „, //, /
c. et Roy L. Miller Dara L. Alexander
cc: Wendi Inloes, Planning Technician
6
4 tte Jor
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)304-6498
1555 N. 17TH AVENUE
ip O GREELEY, COLORADO 80631
COLORADO e
January 10, 2000
Roy Miller
39726 WCR 29
Ault, CO 80610
Subject: ZPMH-2114
Dear Mr. Miller:
On November 30, 1999, you were sent a letter regarding ZPMH-2114, for a Temporary Use During a Medical
Hardship. The letter stated that our office is requiring written notice of evidence within 30 days. that the
Medical Hardship still exists. I did speak with you on December 15, 1999, regarding this matter, but to date,
our office has not received any new information. If our office does not hear from you within 10 days of receipt
of this letter, your Zoning Permit will be turned over to our Zoning Compliance Officer, as it will be in violation
with the Weld County Zoning Ordinance, Section 43.2.4.
If you should have any questions, please feel free to contact me at the above address or telephone number.
I have also included a copy of the requirements from our Zoning Ordinance.
Sincerely,
j/// l/^ catit�.j
Wendi Inloes
Planning Technician
pc: Vickie Brown, Zoning Compliance
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
C. GREELEY, COLORADO 80631
COLORADO
November 30, 1999
Roy Miller
39726 WCR 29
Ault, CO 80610
Subject ZPMH-2114 - Annual Review of a Zoning Permit for a Mobile Home used during a Medical
Hardship located on a parcel of land described as Part of Section 16,T7N, R66W of the 6th P.M..
Weld County, Colorado.
Dear Mr. Miller:
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
ZPMMH-2114, 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,
Wendi Inloes
Planning Technician
Service, Teamwork,integrity,Quality
X05
1111111 11111 111111 "'I 111111 111111 11111 III I111I 1111 1111
2830205 08/03/1998 03:52P Weld County CO
1 of 1 R 8.00 D 19.00 JR Suki Tsukamoto
WARRANTY DEED
iOUc0-1Ba (1q8
THIS DEED, Made this 31st day of July ,19 98
between Edwin E. Wingfield and Opal W. Wingfield JoCAQ.Q '
of the County of Weld and State of Colorado
grantor, and Dara Lynn Alexander and Roy Lamar Miller
whose legal address is 39726 Weld County Road 29, Ault, CO 80610
of the County of Weld and State of Colorado ,grantees:
WITNESS,That the grantor,for and in consideration of the sum of ONE HUNDRED NINETY THOUSAND AND
NO/100 - ---- -----
DOLLARS,($190, 000 . 00 ),the receipt and
sufficiency of which is hereby acknowledged, has granted, bargained,sold and conveyed, and by these presents does grant, bar-
gain,sell,convey and confirm,unto the grantees,their heirs and assigns forever,not in tenancy in common but in Joint tenancy,
all the real property together with improvements,if any,situate,lying and being in the County of Weld
and State of Colorado,described as follows:
Lot A of Recorded Exemption No. 0805-16n-2- RE356, recorded December 22,
1978, in Book 855 under Reception No. 1776549, being a part of the West
Half of the Northwest Quarter of Section 16, Township 7 North, Range 66
West of the 6th P.M. ,
County of Weld, State of Colorado
also known by street and number as 39726 Weld County Road 29, Ault, CO 80610
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and
the reversion and reversions,remainder and remainders,rents, issues and profits thereof, and all the estate,right, title, interest,
claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises,with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto the grantees, their
heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives,does covenant,grant, bargain and
agree to and with the grantees,their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well
seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in
fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form
as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year,a lien but not yet due
and payable,easements,restrictions,reservations,covenants and rights-of-way of record,if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses-
sion of the grantees,their heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof
The singular number shall include the plural,the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
if,
ti ? ` • �p
Edwin E. Wingfield - Opal W. Wingfield
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was acknowle beLute me this 31st day of July ,19 98 ,by
Edwin E. Wingfield an a yJ.p ` field
My Commission expires: Witness my hand andd2fficial seal.
IEIA � tl 0 9 P L�l1C�t1� dl
+ SCHISSLF.R' Notary public
tkNPA--
WARRANTY DEED Do Joint Tenants)ovDJNREn) k< File R U0467s2A9R
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