HomeMy WebLinkAbout990268.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION #9700185
AGAINST MONTY AND CONNIE WINTER 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, Monty and Connie Winter, VI #9700185, are allegedly in violation of the
Weld County Zoning Ordinance, and
WHEREAS, on the 9th day of February, 1999, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Monty and Connie Winter, property owners, were present at said
hearing, and
WHEREAS, at said hearing of February 9, 1999, 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 #9700185 against Monty and Connie Winter be, and hereby is,
dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9`h day of February, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
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DATE: February 9, 1999
VIOLATION NUMBER: VI-9700185
NAME: Monty and Connie Winter
ADDRESS: 17376 Highway 52, Ft. Lupton, CO 80621
LEGAL DESCRIPTION: The NE4 SW4 of Section 1, T1 N, R66W of the 6th P.M., Weld County, Colorado.
PARCEL NUMBER: 1471 01 000038
CASE SUMMARY
October 20, 1997 Initial complaint received about a noncommercial junkyard consisting of derelict
vehicles, a mobile home without the appropriate permits, and a large tent being used
for storage.
October 21, 1997 Site inspection conducted by Julie Chester,Zoning Compliance Officer. A camper,two
mobile homes and miscellaneous derelict vehicles were observed.
October 21, 1997 Sierra check determined that mobile home permit (PR-9630084) was issued for the
mobile home used as a principal dwelling.
October 21, 1997 Five day contact letter sent as well as a building permit application and a certificate of
compliance for a mobile home to be used for storage.
November 13, 1997 Facsimile correspondence from Mr. and Mrs. Winter stating they had some medical
emergencies and will come into the Department of Planning Services by November 22,
1997, and apply for the appropriate permits.
November 14, 1997 Progress inspection conducted. The property is still in violation.
November 24, 1997 Building permit application and certificate of compliance received by the Department
of Planning Services (PR-9730326 and COC-970026.)
November 24, 1997 Progress inspection. Most of the derelict vehicles have been towed away. The tent is
being used to store miscellaneous garage items and appliances. Mr. Winter stated they
will apply for the building permit for a garage in the spring.
January 19, 1998 Thirty day letter sent. A detailed screening plan must be submitted to the Department
of Planning Services and the accessory structure cannot be used for any overnight or
temporary housing. The violation was placed on a "hold" status pending the issuance
of the second mobile home permit.
July 27, 1998 Two complaint letters were received via the Board of County Commissioners office
from surrounding property owners.
990268
VI-9800185, Monty and Connie Winter
Page 2
July 28, 1998 Progress inspection conducted. There is adequate fencing in place screening the
noncommercial junkyard, no derelict vehicles were observed on site. I spoke with
Monty Winter at the property and after determining that the mobile home for storage
permit was not issued by the Department of Planning Services, a letter was faxed to Mr.
Winter scheduling him to appear at the violation hearings scheduled for August 11,
1998.
July 31, 1998 Telephone call between Connie Winter and Sharyn Frazer,Zoning Compliance Officer.
I explained that the Department of Planning Services could not extend the time frame
for the issuance of the appropriate permits any longer. We discussed the existing
screening and the fact that compliance has been achieved by the removal of the derelict
vehicles from the site. However, I did reiterate that the tent does not constitute
adequate screening of storage materials on site. I explained to Ms. Winter that they
would need to pay for the mobile home permit to be used as a storage facility and
apply for the building permit for the garage, in lieu of the tent. I also explained they
would need to appear at the violation hearings and would have the opportunity to
address the Board.
August 11, 1998 Board of County Commissioners violation hearings. It was moved to refer Mr. and Mrs.
Winter to the County Attorney to proceed with legal action, with the instruction to
delay upon such referral until February 11, 1999, to allow adequate time for the stick
built building(garage) to be finished and the property brought into compliance.
November 17, 1998 Progress inspection conducted and a reminder letter was sent.
December 10, 1998 Building permit (BC-9800702) for a detached garage was issued by the Weld County
Building Inspection Department.
January 12, 1999 Progress inspection conducted and a reminder letter was sent.
January 18, 1999 Letter sent to the Weld County Board of County Commissioners from Monty Winter.
He has concerns regarding the violation. He stated that the building permit is good for
6 months (July, 1999) and they are requesting the extension. He proposes to take the
tent down as a compromise to extending the deadline.
January 26, 1999 Letter from Sharyn Frazer to Mr. and Mrs. Winter. It was stated that staff could not
grant the extension, the Board of County Commissioners would have to hear the
request. This request is scheduled before the Board at the February 9, 1999, violation
hearings.
February 3, 1999 Pictures were taken with the digital camera.
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
Attorneys Office.
996) 69
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Kest(fi;coss
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1400 N. 17th Avenue, Greeley, CO 80631
illIPhone: (970) 353-6100, Ext. 3540
C. Fax: (970) 352-6312 lig
COLORADO
January 26, 1999
Monty and Connie Winter
17376 Highway 52
Ft. Lupton, CO 80621
Subject: VI-9800185, The NE4 SW4 of Section 1, T1 N, R66W of the 6th P.M., Weld County, Colorado.
Dear Mr. and Mrs. Winter:
Unfortunately, I am not able to grant an extension to your request due to the Board of County Commissioners
motion to refer the violation to the County Attorney for legal action, with the instruction to delay action upon
such referral until February 11, 1999, to allow adequate time for the stick built building (garage) to be finished
and the property brought into compliance. I have enclosed copies of the violation case summary and copies of
the minutes and resolution from the hearing.
The Department of Building Inspection's records reflect that Building Permit Number BC-9800702 was issued
on December 10, 1998, however, construction had not been started at the time of my last inspection, conducted
January 12, 1999.
The decision to proceed with legal action after February 11, 1999, was determined by the Board of County
Commissioners,therefore, any further decision to grant an extension of time will have to be made by the Board.
I have scheduled a meeting February 9, 1999, at 10:00 a.m. to consider your letter requesting an extension. This
meeting will take place in the County Commissioners' Hearing Room, first floor,Weld County Centennial Center,
915 Tenth 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.
Sn✓ccerrlelly,
Sharyn Fra r, ACED
Code Compliance Officer
pc: VI-9800185
Commissioner George Baxter
County Attorney's Office
Attachments
SERVICE,TEAMWORK,INTEGRITY,QUALITY may"
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TO TH7
January 18, 1998
Re: VI-9800185 ???? The NE4 SW4 of Section 1, TIN,R66W of the 6th P.M., Weld County, Colorado.
Board of County Commissioners,
Weld County
1400 N. 17 Ave.
Greeley, CO 80631
I am at a loss and have been for some time as to what we are in violation of?What will be forwarded to the County Attorney
for legal proceedings?
We were contacted in late 1997 about too many cars, We later received a notice of running an illegal junk yard. We disposed of
several cars and parts and made sure everything was properly tagged and registered.
We then received notice that we needed a permit to level and skirt a storage trailer. We got the permit. In March 1998 we re-
ceived a letter that the cases had been closed and that we were fully in compliance.
In July we were notified that we were an eyesore?That was never defined. We were told we needed to take down our tent and
build a barn. No where can I find a law that says I can not have a tent. I was then told that the previous violation case had never
been closed,but I have the letter to the contrary. I could not have purchased the building permit for the trailer with a violation
still pending. That violation was for cars, etc. not a tent or eyesore. I just don't understand.
My attorney is in Denver. He is not well versed in Weld zoning and has referred me to someone in Greeley. Before I pay them
money I should use to build my barn, I wanted to straighten some of this out. If I can.
I did purchase a building permit for the barn. We will have some of the inspections done before Feb. 11,but we are no where
close to finishing it. (We have the poles, siding, etc.)
What I propose is to take the tent down now as a compromise to extending the deadline for building the barn. The permit is
good til July, 1999 and I would like all that time.
I would like a list of what my violations are since September 1997, when I purchased this property. What law is there in Weld
County that I am breaking by having a tent instead of a barn?
I appreciate your timely response. Weld County Planning Dept.
Sincerely - JAN 2 2 1999
Y11/
RECEIVED
Monty Winter
17376 Hwy 52 Phone:303 8574767
Ft. Lupton, CO 80621 Fax:303 857 6052
montvwintern4uswest.com
VI-9700185, Monty & Connie Winter
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