HomeMy WebLinkAbout910445.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION
AGAINST CERTAIN PARTIES FOR VIOLATIONS OF THE WELD COUNTY BUILDING CODE
ORDINANCE, THE WELD COUNTY ZONING ORDINANCE, AND THE WELD COUNTY
SUBDIVISION REGULATIONS
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, the Weld County Department of Planning Services has referred
certain violations of the Weld County Building Code Ordinance, the Weld County
Zoning Ordinance, and the Weld County Subdivision Regulations to the County
Attorney's Office, and
WHEREAS, those persons in violation of the Weld County Building Code
Ordinance, the Weld County Zoning Ordinance, and the Weld County Subdivision
Regulations are Henry W. and Georgia J. Miller, Robert L. Warner, George and
Takashi Matsushima, Fred and Constance Hamilton, LeRoy Bernhardt, Manuel and
Flevia M. Ramos, Herb and Brian D. Koehler, Steven and Kim Nelson, Ray Renner and
Ethel Miller, Donald and Ti Benson, and Thomas Cullison, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the
violations have not been corrected, and
WHEREAS, the Board deems it necessary to bring legal action against those
individuals as hereinabove named to correct said violations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is,
authorized to proceed with legal action against Henry W. and Georgia J. Miller,
Robert L. Warner, George and Takashi Matsushima, Fred and Constance Hamilton,
LeRoy Bernhardt, Manuel and Flevia M. Ramos, Herb and Brian D. Koehler, Steven
and Kim Nelson, Ray Renner and Ethel Miller, Donald and Ti Benson, and Thomas
Cullison, to remedy the violations of the Weld County Building Code Ordinance,
the Weld County Zoning Ordinance, and the Weld County Subdivision Regulations,
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
party.
910445
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RE: VIOLATIONS
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 22nd day of May, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: 4.420/kuth WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
Gordon E. Lacy, Chairman
r
By: EXCUSED
Deputy Clerk to the Board George Kennedy, Pro-Tem
APPROVED AS FORM: ne,,/ Aced
onstance L. Harber
County Attorney C. W. Kirby
teefkLt�W. H. Webster
910445
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MEMORAnDUM
ifilkTo Board of County Commissioners ,,, , May 21,_ 1991
COLORADO From Department of Planning Services
Legal Action Authorization
The Department of Planning Services recommends that the Board of County
Commissioners authorize the Weld County Attorney to proceed with legal
action against the following parties for violations of the Weld County
Building Code Ordinance and the Weld County Zoning Ordinance.
Zoning Ordinance Violations:
VI-1693 VI-1699
Manuel and Flevia M. Ramos Steven and Kim Nelson
1126 6th Street 1516 Centennial Drive
Greeley, CO 80631 Longmont, CO 80501
VI-1698 VI-1700
Herb and Brian D. Koehler Ray Renner and Ethel Miller
1218 E. 20th Street 745 S. McKinely
Greeley, CO 80631 Ft. Lupton, CO 80621
Subdivision Regulation Violations:
VI-1701 VI-1701
Donald and Ti Benson Thomas Cullison
7527 Weld County Road 76 957 Nantucket Street
Windsor, CO 80550 Windsor, CO 80550
The Department of Planning also recommends that the County Attorney be
authorized to proceed with 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.
Copies of the violation materials are available at the Department of
Planning Services' office or the Weld County Attorney' s office.
"1014r
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inEMORAnDUM
To ___Board_of„County_Commissirs May 21, 1991
COLORADO From _____ Department of Planning Services
so,l=„t Legal Action Authorization
The Department of Planning Services recommends that the Board of County
Commissioners authorize the Weld County Attorney to proceed with legal
action against the following parties for violations of the Weld County
Building Code Ordinance.
Building Code Violations:
BCV-1643
Henry W. and Georgia J. Miller
27017 Weld County Road 46
LaSalle, CO 80645
BCV-1636
Robert L. Warner
P.O. Box 9
Brighton, CO 80601
BCV-1644
George and Takashi Matsushima
12235 Weld County Road 21.5
Ft. Lupton, CO 80621
BCV-1645
Fred and Constance Hamilton
6707 Weld county Road 19
Ft. Lupton, CO 80621
BCV-1646 and BCV-1647
LeRoy Bernhardt
12152 Weld County Road 46
P.O. Box 250
Milliken, CO 80543
The Department of Planning also recommends that the County Attorney be
authorized to proceed with 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.
Copies of the violation materials are available at the Department of
Planning Services' office or the Weld County Attorney' s office.
910445
Thomas A. Cullison
957 Nantucket St.
Windsor, CO 80550
April 25, 1991
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, CO 80631
RE: Request for Recorded Exemption, SE Corner of Section 29,
Township 7 North, Range 67 West of the 6th P.M. , Weld County,
Colorado
Dear Commissioners:
By this letter I am requesting that you waive the $300
"investigation" or "penalty" fee that I am advised could be
assessed in connection with an alleged violation of county
subdivision regulations with respect to the current state of
building sites in the subject quarter section.
By letter dated April 17, 1991 addressed to me, Brian A. Grubb
Current Planner for the Department of Planning Services of Weld
County, wrote me advising me that he believed a conveyance on April
27, 1990 by me and my former spouse to Donald and Ti Bensen of The
Building Site in Subdivision Exemption Number 198 recorded in Book
1011 as Reception number 1945367 of the Weld County records was in
violation of Weld County subdivision regulations. I am not clear
that Mr. Grubbs position is indeed correct, but nevertheless, the
Bensen's and I are in the process of applying for a new Recorded
Exemption with respect to the subject property.
By way of background, in September of 1983 , my parents,
Emerson G. Cullison and Mae Cullison, who owned the farm in the
Southeast Quarter of Section 29 desired to convey a building site
lot to my sister and another to me. We, with the assistance of our
attorney, Barnard Houtchens, our surveyor, Jasper Freese, and
employees of the Department of Planning Services, conferred on the
matter. We were advised that we could have one lot through a
recorded exemption and a second lot through the subdivision
exemption process. It was explained to the County in great detail
that the intent was that my parents would deed one lot to my sister
and one lot to me and that we would each then build homes on them.
That was done. Simultaneous applications for subdivision exemption
and recorded exemption were processed. I found it necessary to
sell my home in April of 1990. I again conferred with a
"11144%
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representative of the Weld County Department of Planning Services
to explain the fact that I was intending to make the conveyance and
that at some date in the near future, the buyers might like to buy
a small amount of additional land from my parents to add to the
subdivision exemption lot. He advised us that at that time it
would be necessary to amend a subdivision exemption plat. Based
upon all of the foregoing, I closed on the sale of my home to the
Bensens in April of 1990.
This Spring the Bensens came to the Department of Planning
Services to inquire about the process to amend the subdivision
exemption plat and Mr. Grubb determined that there was some
violation of subdivision regulations.
If there has been a violation of county subdivision
regulations it was certainly unintentional on our part. We
attempted to accomplish our objectives in accordance with county
law every step of the way. We obtained the necessary septic
permits from the Weld County Health Department and building permits
from the County and everyone was aware that my parents had conveyed
building site B of the subdivision exemption to me.
I would be happy to elaborate on the matters contained in this
letter. If there is some additional information you wish.
Sincerely,
Thomas A. Cullison
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