HomeMy WebLinkAbout20002440 RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST JAMES CAREY 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, James Carey, VI #0000136, is allegedly in violation of the Weld County
Zoning Ordinance, 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 October 2000, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, James Carey, 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 April 6, 2001, to allow adequate time for Mr. Kuehne to find a
permanent place of residence and remove the motor home, 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 said violation be, and hereby is, referred to the Weld County
Attorney's Office for legal action against James Carey to remedy the violation of the Weld
County Zoning Ordinance, 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 April 6, 2001, !o
allow adequate time for the property owner to bring the subject property into compliance.
7-L J7/2AZ/ 6'92000-2440
PL0824
VIOLATIONS - VI #0000136 - JAMES CAREY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of October, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO ATTEST: �I. �E ♦ " - ' � 4 Gc yj 4/ zr_ --
Al
rbara J. • meyer, hair
Weild County Clerk to the B. rd
sec g�q
1 • " y eile, Pro-Te�
BY: Sr/, •
Deputy Clerk to the Boar:, U N \ /./L-4-
/,.
Borg/E. Baxter
APPROVED AS;ft FORM:
- 7 / j' —L Dale K. Hall
CountiA,ttorney ,lam, ),Lit
Glenn Vaad — —
2000-2440
PL0824
DATE : October 5, 2000
VIOLATION LUMBER: VI-0000136
MANE: Mr. James Carey
ADDRESS: 311'3 2"° St, G311, CJ = Violation Address
DO Box 126, Gill, CO = Mailing Address
ZONE DISTRICT: Agriculture
LEGAL DESCRIPTION: Lot 10-12 , B1k 13 , Unincorporatec Town of Gill, Jeii You::
Colorado
PARCEL NUMBER: 0801-27-3-14-015
CASE SUMMARY
April 21, 2000 Initial complaint received_
June 9, 2000 _natial inspection completed. Pooperty in violatior:
June 13, 2000 Five day compliance encouragemeoc letter issued .
June16 , 2000 Mr. Carey came into the office ti discuss vio-at_or
June 16, 2000 Violation letter issued.
September 18, 2000 Board of County Commissioners Hearing to de-irr - Ile
approval or denial of a 'Principle Dwelling J__- r' .
Board denied the Recreati:z Vehicle to qual it: am
"principle Dwelling Unit" .
September 20, 2000 Letter sent to property owner indicating ::at
violation case wa3 schedule' : before the Board of: Cola ty
Commissioners .
The "Recreational Vehicle" does not meet the criteria set forth in Section 1 _ of
the Weld County Zoning Ordinance . To bring the property into csnp'l lace the
property owner shall remove the "Recreational Vehicle" from the property pike
assurances that the ' Recreational. Vehicle' no: is habited,
The Department of Planning a] so recommends that the County Attorney a ao E se
legal action against any other persons occupying the pr hunt.ies, ar'.' ie ':nos
claiming an interest in the properties, and any pees':ns acting in active cos P-_'-
with the identified parties .
2000-2440
7,-----t (‘----%f . lin L DEPARTMENT OF PLANNING SERVI( ES
( nmpUur L I Dlv (r.�
C 555 N 1?th Avenue, (Icode
rer ler r 8i ,
Phone: 970, L(-r,10 EX,, 1(:
COLORADO (1 0-1
INSPECTION REPORT
NAME: Mr. James Carey
LEGAL DESCRIPTION OF PROPERTY: Lot 10-12, Bit, 13. Unincorporated Town of Gill. Weld
County, Colorado
DATE: October 9, 2000
CASE NUMBER: VI-0000136
Upon a visual inspection of the property, the recreational vehicle/mobile home is still present. It still
appears to be inhabited. For more information, please see video taken on October 9, 2000.
/ I '\`
hany Salzr ra
Zoning Compiance Officer
pc VI-0000136
Julie Chester
3ER'1I 72 Tn3,MW0RK-, IN-2GRITY, QUALT "_
ist CNAH
DEPARTMENT OF PLANNING SERVII ES
C Codes Compllan Diva ,n
WWW LC•W I D.CC
E-mail Address bsalzman(rztc eld.r
• 555 N. 17th Avenue. Greeleyr O 8t. 111
COLORADO Phode 1,) 153
has 19701 304
September 20, 2000
Mr. James Carey
PO Box 126
31 173 2i° St.
Gill, CO 80624-0126
Subject: VI-0000136, Lot 10-12, Blk 13, Unincorporated Town of Gill, Weld County, Colorado
Dear Mr. Carey:
The property referenced above remains in violation of the Weld County Zoning Ordinance. I have stnecinl-ad
a meeting with the Board of County Commissioners on October 10, 2000, at 10:00 a.m., to consider fie
violations occurring on the property. As we discussed the above mentioned property is it violation of the
following Section(s) of the Weld County Zoning Ordinance:
The"Recreation Vehicle/Mobile Home" does not fall under the criteria set forth in Section 43 of the W?lo County
Zoning Ordinance.
To bring the property into compliance the following option(s) are available:
Since we already completed the hearing regarding the Zoning permit which was determined not to allow the recreational
vehicle/mobile home to remain as a dwelling unit. The recreational vehicle/mobile home must be removed or uninhabited at
all times while on the property. If you choose to not live in it, you will need to send us a letter for the file stating such;
however, if you should choose this option and later in time it is reported that,omeone is indeed living in the recreational
vehicle/mobile home, it will go directly in tront of the Board of County Commissioners.
This meeting will take place in the County Commissioners' Hearing Room, First Floor, Wela County O riten's'al
Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative he in arrendarce
to answer any questions the Board of County Comm issione as mignt nave about the violations.
The Department a Planning Services' staff will be recommending that tie Board or County Commissioners
authorize the County Attorney to proceed with legal action ro remedy the violation. Our records indicate that
you were made aware of the nature or the violation, the action necessary 'o correct the violation, and that ,a/ou
were given sufficient time to remedy the violation. If you ha"e any questions concerning this matter please c..0
me.
Sincerely,
J
Bethany Salzman
Zoning Compliance Officer
pc: VI-0000135
Julie Chester, Lead Planne'
grHvicr„TEAMWORK.I VrEIRITY,CaiALITY
DEPARTMENT OF BUILDING INSPECTION
Code Compliance Division
1555 N. j 7th Avenue, Greeley, CO 806: 1
'hone: (970) 353-6100. Ext. 3540
Fax: (970) 304-6498
C.
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
June 16, 2000
Mr.James Carey
PO Box 126
31173 2nd St
Gil, CO 80624-0126
Subject: VI-0000136 Lot 10-12, Blk 3, Unincorporated Town of Gill, field County, Colorado
Dear Mr. Carey:
I am sending a quick letter to let you know where the violation on your above mentioned property is at Yor.r
father in-law came into our office today,June 16, 2000. We,Julie Chester(Lead Planner) and myself advised hir
of his options. He was given a "Zoning Permit" application packet. We have extended this violation for thin;
(30) days from today,June 16, 2000, to insure that he has the necessary time to complete and submit this packe'.
Any information you have that may help to resolve this matte: will be helpful. This office is ready to he of a.n:
assistance in clarifying or answering questions concerning thi; matter. Please contact me at the above addres
or telephone number if you have any additional questions.
Sincerely,
-r
Ol tit 's a4rO
Bethany Salzman
Zoning Compliance Officer
pc: VI-0000136
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SER V I Cn,TEAMWORK,INTEGRITY,QUALITY
;;ND\\
DEPARTMENT OF PLANNING SERVIC'=S
\� Code Compliance Dives, m
1555 N. 17th Avenue, Greeley CO 80i 31
IDPhone: (970) 353-610Q Ext. 3 10
C. Fax: .970i 304-6•-38
COLORADO
June 13, 2000
Mr. lames Carey
PO Sox 126
311 73 2nd St
Gill CO 8 06 24-01 26
Subject: VI-0000136, Lot 10-12, Blk 5, Unincorporated Town of Gill, Weld County, Colorado
Dear Mr. Carey:
It has come to the attention of the Department of Planning Services' staff that the uses on your property may riot
be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the Zoning
Ordinance is of Section 31.2.1 'One (1) single family dwelling unit and auxiliary quarters per legal log' and of
Section 31.2.2 "One (1) single family dwelling unit and auxiliary quarters on a parcel of land created under the
provisions of Section 11 of the Weld County Subdivision Ordinance."and of Section 43.1 "Permit Requirements".
Please come into our office as soon as possible to see if you are eligible for a temporary permit of some kind or
the Recreational Vehicle.
Please call me within five working days of the date of this letter to review these concerns with me or a thirty-nay
violation notice will be issued.
Sincerely,
Bethany Salzman
Zoning Compliance Office
pc: VI-0000136
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SER VICE,TEAMWORK,INTE!7RITY,QUALITY
7777�� W77�'ELD7�C��OUNTY A�7
ILL AlNI T NrJ/L)'ILDING DL=I r r TNIEP4 I
COMPLIANCE NOTICE
OWNER .,>j
I OPERT:' ,ADDRESS/LEGAL -
)
REFERRAL NUMBER: „ '� ' : 1.i
I INSPECTED THE PROPERTY:
I STOPPED BY THE PROPERTY WITH THE FOLLOWING
CONCERNS: _
cth
O cL / PKt /4
PLEASE CALL AS SOON AS POSSIBLE(970)353-6100 X 3540
COMPLIANCE OFFICER
•
DATE
IF YOU WISH TO SPEAK TO A ZONING/BUILDING COMPLIANCE OFFICER
CALL 1970);53-6100 X 3548
MONDAY THROUGH FRIDAY;BETWEEN 7:30 AM-4:30 PM
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Parcel No: 10801-27-3-14 015
Owner: �CAREY JAMES PATRICK 1E STACEY L ❑
Status: COMPLIT 1..! Written By: IBJS ; Sec/Twn/Rng: I27/06/64
Description: .1 Motor home being lived in
Location: 31173 2nd St - Gill
Zoning Dist: r } Permit Num: ( I
App Type: wcv ± [BCV=BLDNG VIO,VI=ZONING VIO.WCV=WELD VIO "bCv +vi']
Class Code: IVf-1
!mobile home[s)
Complaint: 105/16/2000 lnit: JBJS I NO VI: 1 / I Init: (
5 Day Letter: ! / I Init: J 1
Issued: 3_1_'_____l.: Init.: J
Inspection: J_/_f_.1 i nit: I
BCC Via: I_f_! i !nit: I
Court: 1_/_/_ I lilt:
Closed BCV: ! ! ] Iran: 1 _ Closed VI: j___/ ! { lnit: ��
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DEPARTMENT OF PLANNING SFRVICE
• � COMPLAINT REPORT
COLORADO !
ZONING COMPLAINT Complaint Initiated by
:J BUILDING CODE COMPLAINT ❑ Staff (Citizen O Other
Legal Description: y l }tom 11C-%C-3 �`-`��1� _Parcel#_��?�(�,1 :�� �j' \c-1, L.�•G ._ .
Violation Address: 5\ 1?) 2.- `t . i tt Lti
LEA
Property Owners Name: coo.r "utr 't• � �c J��-CQ° ti-- Phone#
PO O c
Property Owners Address: 51 ( I .> 7 R i:.. C---�\ E: ::..e%Z.c4 • C.
Tenant's Name: — -- _-- Phone # _--- ----
Tenant's Address:
NATURE OF COMPLAINT: Crovrw \'Y;ccv . \---11,‘a 6 U �� ft .'��r c"'tom , E '.ti- •_.,_
Eks-.r ) ' t bu.A.-
Zoning Complaint Referred To: stti' 10,4 -\ Date: 12 f t;;-'
Building Code Complaint Referred To: Date:_ —___
ACTION OF INVESTIGATOR Date of Inspec:tion:
Inspection of the property indicates:
No violation of the Weld County O Zoning Ordinance I o Building Code Ordirance
o Violation of the following sections of the Zoning Ordinance
❑ Violations of the following sections of the Building Code Ordinance
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ACTION ON COMPLAINT
o No Action Taken/No Violation O Violation File Started
Date: Date: _____ _
11111111111111111111111111111 III 1111111 III 11111 IIII IIII
2609831 04/30/1998 03:42P Weld County CO
1 of 1 R 6.00 0 2.40 JA Suki Tsukamoto
WARRANTY DEED
THIS DEED, Made this 29th day of April, 1998 between
Edna Margaret Warren Trust
of the County of Weld and /
State of Colorado, grantor, and
James Patrick Carey and Stacey L. Carey
whose legal address is 2,t:,Y..�R 31f8,-Korsoy,- -coCO80644-- 7 tut 5± Lit- Li',r1CIS' '--
;J. gt.
of the County of Weld and State of Colorado, grantees:
WITNESS that the grantor for and in consideration of the sum of TWENTY FOUR THOUSAND
AND 00/100, ($24,000.00) Dollars, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm unto_ the_ grantees,- their heirs and assigns
forever, not in tenancy in common but in JOINT TENANCY, all real property, together
with improvements, if any, situate, lying and being in the County of Weld and State
of Colorado, described as follows:
Lots 10, 11 and 12, Block 5, in the Town of Gili., County of Weld, state of Colo:.-adj,
together with that portion of the East 1/2 of the North-South vacated alley adjoining
said Lots as recorded in document recorded April 4, 1974 in Book 711 as Reception Nu.
I 1633481, and together with that portion of the South 10 feet of the vacated Fourth
\ . Avenue and that portion of the West 10 feet of the vacated Second Street adjoining
said Lots as vacated by Resolution recorded October 8, 1980 in Book 916 as Receptia..
No. 1838388.
also known by street and number as To Be Determined, Gill, Colorado 80624
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 aforesaid, and that the same are
free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except.
general taxes for 1998 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the 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.
Edna M rgaret Warren Trust
By:LL. •
Richard C. Warren, Successor Trustee
STATE OF COLORADO
} se. The foregoing instrument was acknowledged oefore
County of Weld } me this 29th day of April, 1998
by Richard C. Warren, Successor Trustee for the Edna Margaret Warren Trust
Witness my hand_ and official seal.
My commission expires 10-16-99
io,{
NOTARl7 PU IC
NOT,q 9r 1113 Tenth Avente 111
No. 921A. Rev. 3-85 7.0
•,A Greeley, COLORAC-0 80631
Inspection information Sheet
VIOLATION: VI-0000136 STATUS: C0VIPI .NT
DESCRIPTION: Motor home being lived in
BASE INFORMATION:
PARCEL NUMBER: 0801-27-3-14-015
LEGAL DESCRIPTION: 9812 L10-11-12 BLK5 ALSO VAC ALLEY ADJ TO ALSO VA
CW10'
2ND ST ADJ TO L10-11-1.2 ALSO VAC N10' 4TH
AV ADJ TO [12
GILL SITUS 31173 2 ST GILL
OWNER: CAREY JAMES PATRICK & STACEY L
OCCUPANCY:
LOCATION: 31173 2nd St - Gill
APP TYPE: WCV CLASS CODE: VI-1 ZONING DIST: AC
INSPECTIONS:
Item: 00404 TELEPHONE CALL
Item: 00405 LETTER
06/13/2000 By: BJS Action: NO Comments: Sent
5 day letter. k
t �.
Item: 00400 SITE INSPECTION
06/09/2000 By: BJS Action: INSP Comments: Upon 1 --� '
a visual inspection of the property, the following
items were noted: a R.V. connected to a satalite,
water, propane, and electricity. When I attempted to
contact Mr. Carey, the tenant of the RV stepped out.
1 told them to please have Mr. Carey call me. They
asked why, I briefly told them the violation of the
WC Zoning Ordinance. They were upset and told me that
they did not live there. I told them that the caller '
said approx. 1 year. The wife said "no, we have only
lived her about 3 months". I told Them that was too iNe a
long without the appropriate permits. They said they
•J
would come in and get the permits. The male tenant
kept verbally stating how the laws in Weld County
were outragious. He was very upset. Please see
picture in tile dated 06/09/00
Item: 00406 OFFICE VISIT
06/16/2000 By: BJS Action: VI Comments: Mr.
Carey's father in-law came into our office. He wanted
to know what his options were. They are wanting the
R..V. to stay on the property and therefore, have the
appropriate permits. I explained the necessary
permits to him; however, he wanted someone else to
explain it as well. Julie Chester, Lead Planner
assisted me in explaining the Zoning requirments to
him. He was given a "Zoning Permit Application". We
(Julie and myself) granted him a 30 day extension for
him to turn in his application. Since they have 3
lots, he is planning to live on one of them.
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COLORADO Data Sheet
VIOLATION: VI-0000136 STATUS: COlvMPLNT
DESCRIPTION: Motor home being lived in
BASE INFORMATION:
PARCEL NUMBER: 0801-27-3-14-015
LEGAL DESCRIPTION:
9812 L10-11-12 BLK5 ALSO VAC ALLEY ADJ TO ALSO VA
C W10' 2ND ST ADJ TO L10-11-12 ALSO VAC N10' 4TH
AV ADJ TO L12 GILL SITUS: 31173 2 ST GILL 0
PEOPLE: APPLICANT CAREY JAMES PATRICK& STACEY05/16/2000
31173 2ND ST
PO BOX 126
GILL, CO 80624-0126
LOCATION: 31173 2nd St- Gill
APP TYPE: WCV CLASS CODE: VI-1 ZONING DIST: A(
COMMENTS:
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