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Home My WebLink About972254.tiffHEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES A public hearing was conducted on October 14, 1997, at 10:00 a.m., with the following present: George E. Baxter, Chair Constance L. Harbert, Pro-Tem Dale K. Hall Barbara J. Kirkmeyer W. H. Webster Also present: Acting Clerk to the Board, Lin Dodge County Attorney, Bruce Barker Planning Department representative, Julie Chester Planning Department representative, Shani Eastin Planning Department representative, Dave Sprague Planning Department representative, Jeff Reif Health Department representative, Jeff Stoll The following business was transacted: I hereby certify that a public hearing was conducted to consider whether to authorize the County Attorney to proceed with legal action against the individuals named for violations of the Weld County Building Code and Zoning Ordinances. Cases were heard as follows. VI #9600101 - Steven Lance: Julie Chester, Department of Planning Services, reviewed the case file for the record and showed a video of the property taken October 13, 1997. She stated USR #1131 for a roping arena on this property was approved November 13, 1996 and, to date, the Conditions of Approval, specifically #9, have not been met and the plat has not been recorded. Ms. Chester indicated the roping arena is in violation of Sections 26, 31.2, 31.3, and 31.4 of the Weld County Zoning Ordinance. Responding to Commissioner Hall, Shani Eastin, Department of Planning Services, stated Mr. Lance has not met Condition of Approval #9 and the plat cannot be recorded until all items of that Condition are met. In response to Commissioner Harbert, Ms. Eastin clarified the structures were placed on the property prior to the USR application, therefore, only electrical permits were required for the structures since the property is zoned Agricultural. She further stated she has received no verification that Mr. Lance has met with Public Works regarding the drainage problems on the site (#9E), proof of access right-of-way (#9C) other than a verbal agreement with the property owner, and no Flood Hazard Development Permit (#9D) has been sumitted. Steve Lance, subject property owner was present and, responding to a question from Commissioner Harbert, stated he received an offer to purchase the property in July 1997, and discontinued work on the arena at that time. He further stated, to the best of his knowledge, the 972254 PL0824 Ce: /OL�Cii RE: HEARING CERTIFICATION - BUILDING CODE AND ZONING VIOLATIONS PAGE 2 only Condition not addressed is the septic and explained he has been using port -o -potties. Mr. Lance indicated he had assumed Health Department staff had cleared the drainage Condition. Ms. Eastin stated she has received no follow-up or verification from staff or Mr. Lance regarding Condition of Approval #9. In response, Mr. Lance stated he submitted verification of the access right-of-way (#9C) to the Planning Department, but could not remember when. Ms. Eastin reviewed the case file and verified for the Board the deed for access right-of-way was present. Responding to Chair Baxter, Jeff Stoll, Health Department, verified Mr. Lance has been working with Trevor Jiricek, but could not verify contact or inspection dates. He indicated Mr. Lance has apparently established compliance with the Colorado Guidelines for Feedlot Runoff Containment and the Weld County Zoning Ordinance Section 27, and added at was just a matter of forwarding a memo to that effect to the Planning Department. Chair Baxter clarified that according to testimony thus far, Conditions #9A, B, and C have been covered and questioned whether the Flood Hazard Development Permit has been submitted, Condition #9D. Ms. Eastin stated the arena structures were placed before the USR was approved, therefore, Mr. Lance has yet to provide proof of said Permit. Mr. Lance responded that he has been working on the Flood Hazard Development Permit with an engineer, Joel from Alpha Engineering, and only needs to submit the verification that the structures meet the conditions of the Permit. Following further discussion, Ms. Eastin clarified that the issue of the septic system is not relative to meeting the criteria for recording the plat for USR #1131. Commissioner Kirkmeyer clarified the only Conditions of Approval not met are #9D and E, and Chair Baxter explained that Mr. Lance must provide Ms. Eastin with evidence of his attempts to meet the Conditions of Approval. In response to Commissioner Harbert, Mr. Lance stated it could take up to 90 days to complete the Conditions of Approval and submit proof to the Planning Department. No further public comment was made. Commissioner Harbert moved to refer VI #9600101 against Steve Lance to the County Attorney for legal action and to delay such action for 60 days to allow Mr. Lance adequate time to meet the Conditions of Approval for USR #1131 and to record the plat of same. The motion was seconded by Commissioner Hall and carried unanimously. VI #9700128 - Robert and Noreen Sims: Ms. Chester reviewed the case file for the record indicating the property is in violation of Sections 31.2, 31.2.1, 31.2.16, 31.3.9, and 43 of the Weld County Zoning Ordinance. She explained on her initial inspection she found people living in two campers on the property, numerous derelict vehicles and miscellaneous junk and debris, and played a video of the property taken October 13, 1997. Ms. Chester indicated the complaints included noise complaints and vehicles coming and going at all hours. She stated upon her October 13 inspection, some progress had been made; however, six or seven derelict vehicles and other miscellaneous junk remained. Ms. Chester explained the property owners plan to fix a fence which had blown down to screen the vehicles and junk and recommended a 90 -day delay in legal action. She also stated numerous Building Code and Zoning violations previously have occurred on this property. Responding to Commissioner Kirkmeyer, Ms. Chester stated the fence will screen the noncommercial junkyard on the east, south, and west sides when completed. Chair Baxter clarified the violation includes the people living in the campers and the noncommercial junkyard. Curtis Stednitz, the property owners' son-in-law, was present representing Mr. and Mrs. Sims. 972254 PL0824 RE: HEARING CERTIFICATION - BUILDING CODE AND ZONING VIOLATIONS PAGE 3 Responding to the Board, Mr. Stednitz stated eleven people live on the property, four of whom have been living in the camper. He indicated they will be leaving as soon as they close on the purchase of a mobile home and added that a number of cars and trucks will be removed when that move takes place. Chair Baxter verified that Mr. Stednitz understood the violation and what must be done to correct it. Commissioner Kirkmeyer questioned whether Mr. and Mrs. Sims would be bound to the terms Mr. Stednitz agrees to in this hearing. Ms. Chester indicated she talked with Mr. Sims on October 13, 1997, and he was aware of the timeframe and what Mr. Stednitz would present and agree to today. Commissioner Webster questioned whether the property owners could comply within 90 days. Commissioner Kirkmeyer voiced reluctance to approve a 90 -day delay which would allow the people to continue living in the campers for that long and suggested requiring the people to vacate the campers within 30 days. Mr. Barker verified the motion could include both requirements. No public comment was offered. Commissioner Harbert move to refer Vi #9700128 against Robert and Noreen Sims to the County Attorney for legal action, but to delay such action for 10 days to allow adequate time for the people currently living in the camper placed on the subject property to vacate the premises; and to further delay legal action for 90 days to allow the property owners time to complete screening and move the derelict vehicles and noncommercial junkyard behind said screening. Commissioner Webster seconded the motion. Commissioner Kirkmeyer verified the motion included fixing the fence for screening and Commissioner Harbert clarified for Mr. Stednitz the legal recourse of not complying within the approved timeframe. There being no further discussion, the motion carried unanimously. VI #9700114 - Billy Math: Ms. Chester reviewed the case file for the record and stated the house on the property was destroyed by a fire in the spring, and it is very dangerous and strewn with debris, and must be demolished. She indicated an abatement of dangerous building notice was sent to Mr. Mata in June and he has been unable to complete the demolition and removal of debris due to the asbestos siding on the house. Mr. Barker stated at this point the abatement process has started and Mr. Mata has no argument the building must be demolished. He continued that Mr. Mata would prefer to do the demolition himself, but cannot because of the asbestos siding and does not have the funds to have the asbestos professionally removed. He continued that Mr. Mata is here to request the County complete the abatement with Mr. Mata reimbursing the County for costs, and the County securing the repayment by placing a lien against the property. Jeff Reif, Department of Planning Services Building Inspectors, stated the building is unsafe, with roof, interior, floor, and supporting structures damaged beyond repair, all wiring destroyed, and asbestos siding used on and inside the building. Dave Sprague, Department of Planning Building Inspector, added staff's concern that the house is still being used as evidenced by beer bottles and other trash in and around the building. In response to Chair Baxter, Mr. Reif also reported an inspection was completed by John Lee, Asbestos Inspector from Aims Community College, who was present. Mr. Lee stated he completed his inspection and found non -friable asbestos siding on the surface of the house. He explained this type of siding was used extensively on the inside and outside of buildings built prior to 1981. He further explained that when it is broken or damaged, as it was in the fire in this building, it becomes friable and must be professionally removed and disposed of to meet EPA requirements. Mr. Lee indicated he has been working with Mr. Mata and has found a 972254 PL0824 RE: HEARING CERTIFICATION - BUILDING CODE AND ZONING VIOLATIONS PAGE 4 company, Risk Removal in Ft. Collins, which could complete the removal of the asbestos within EPA guidelines. Responding to the Board, he stated he cannot speak to the cost of this specific job; however, depending on whether the house is occupied or not and the size of the job, it could cost up to $20,000 to remove and dispose of the asbestos. Billy Mata, subject property owner, stated he and family members were planning to tear down the house, but asbestos requirements have prevented that. He further stated he has no funds or income and is unable to pay for the asbestos removal or the demolition. Mr. Mata verified he has not contacted the company in Ft. Collins for an estimate. The Board discussed the possibility of the County completing the abatement, Mr. Mata reimbursing the County for costs, and securing the repayment by placing a first lien on the property. Commissioner Harbert voiced concern that the abatement would cost more than the property is worth. Mr. Barker interjected that the Board may want to address this matter in a different context to address these issues; and the Board may also wish to allow Mr. Mata some additional time since he obviously is anxious to take care of the problem. He further stated it would be advisable to continue the violation hearing and to instruct staff to complete the abatement of dangerous building process. Commissioner Harbert moved to continue VI #9700114 against Billy Mata to January 13, 1998, and instructed staff to proceed with the abatement of dangerous building procedure. Commissioner Kirkmeyer seconded the motion. Mr. Barker clarified Mr. Mata needs to continue with his efforts to complete the asbestos abatement by obtaining an estimate of the cost. Mr. Sprague reiterated the building must be posted and secured against any entry immediately to ensure public safety. Responding to Commissioner Harbert's suggestion to at least post "No Trespassing" signs, Mr. Mata stated that neighboring youth will not stay off the property in spite of any of his previous efforts. Mr. Barker advised if Mr. Mata would voluntarily post and secure the property in some way, any unauthorized entry would be considered criminal trespass and law enforcement could be contacted. Commissioner Harbert agreed to include in her motion that Mr. Mata must continue efforts to obtain abatement of the asbestos and must post and secure the property, and Commissioner Kirkmeyer agreed. There being no further discussion or public comment, the motion passed unanimously. VI #9600316 - Richard and Elizabeth Wilson: Mr. Barker noted for the record the subject property owners were not present or represented today. He then briefly summarized the action on this violation since the July 8 1997, violation hearing, the result of which was the case was referred to the County Attorney's office to initiate legal action immediately and to arrange a meeting with all parties to facilitate agreement on a course of resolution of the violation, as agreed to by the Wilson's attorney Tom Hellerich. In response to Mr. Barker's letter to Mr. Hellerich following a meeting on July 17, 1997, Mrs. Wilson indicated they did not plan to do anything about the house in question since they did not feel it was in violation of the Zoning Ordinance. Taking into consideration Mrs. Wilson's contention and the fact that the Wilsons have a pending civil action against the Board challenging its decision to deny ZPAD #79, Mr. Barker had recommended Planning staff notice the Wilsons to this violation hearing to offer them the opportuny to speak to the Board as to their understanding of the violation and to also speak to any other matter. He indicated this advisement was a result of Mrs. Wilson's complaint that she had not had the opportunity to speak on July 8. He also referenced Mrs. Wilson's letter to the Board dated October 972254 PL0824 RE: HEARING CERTIFICATION - BUILDING CODE AND ZONING VIOLATIONS PAGE 5 13, 1997, and stated the violation hearings are not adjudicatory hearings and are not bound by adjudicatory requirements for noticing property owners, even though Planning staff did notice the Wilsons within 20 days of this hearing. Mr. Barker added that the Board is not an agency pursuant to the Administrator Procedures Act through the State code and, therefore, is not required to give 30 days notice as Mrs. Wilson referenced Section 24.4.105 in her letter. He summarized the violation as being a structure being temporarily stored on girders on the property which is not a use by right or accessory use in the Agricultural Zone District. Commissioner Hall stated the Board has already ruled on this violation in July and there was nothing else to be decided here today. Chair Baxter verified the sole issue of this hearing is the violation of the house being stored on girders. Mr. Barker reviewed the Wilson's intent to use the structure as a residential structure and the option of dropping the structure and using it as a storage structure. As requested by Commissioner Hall, Chair Baxter verified Richard and Elizabeth Wilson were neither present nor represented today. The Board then agreed that, since this hearing was scheduled to give the Wilsons the opportunity to speak on this matter and said violation already having been referred to the County Attorney, no further action is necessary. VI #9700060 - Luciano and Janet Cozza: Ms. Chester reviewed the case file for the record and stated the mobile home currently located on the subject property is in violation of Sections 31.2, 31.2.1, 31.2.16, 31.3, 31.3.3, and 43 of the Weld County Zoning Ordinance. She explained the mobile home originally was permitted as an accessory to farm, ZPMH #1383 and MP #2900, and that use has since been abandoned. She stated Mr. Cozza contacted the Planning Department in April 1997, and indicated he planned to demolish or burn the mobile home. Ms. Chester reported as of her October 13, 1997, inspection, no action has occurred and the mobile home is still on the property; therefore, she recommended the Board immediately refer this case to the County Attorney for legal action. The subject property owners were neither present nor represented, and no public comment was offered. Commissioner Harbert moved to refer VI #9700060 against Luciano and Janet Cozza to the County Attorney for legal action. The motion was seconded by Commissioner Webster and carried unanimously. VI #9700098 - William Myer: Ms. Chester reviewed the case file for the record and stated the unpermitted mobile home on the property is in violation of Sections 31.2, 31.2.16, and 43 of the Weld County Zoning Ordinance. She explained the initial complaint occurred in May 1997, and upon inspection of the property in August, 1997, she found an addition had been built onto the mobile home without any permits. In response to the Board, Ms. Chester stated there is no record of any permits issued or applied for and no apparent attempts have been made to remove the mobile home from the property; therefore, she recommended this case be referred immediately to the County Attorney for legal action. The property owner was neither present nor represented, and no public comment was offered. Commissioner Webster moved to refer VI #9700098 against William Myer to the County Attorney for legal action. Commissioner Hall seconded the motion, which passed unanimously. 972254 PL0824 RE: HEARING CERTIFICATION - BUILDING CODE AND ZONING VIOLATIONS PAGE 6 VI #9700115 - Richard E. And Carolyn Bauserman: Ms. Chester reviewed the case file for the record and stated the unpermitted mobile home on the subject property is in violation of 31.2, 31.2.16, and 43 of the Weld County Zoning Ordinance. She explained that apparently whoever moved this mobile home onto the property left it, truck, trailer, and all. She added it has been sitting for so long now that most of the windows have been broken out of the mobile home and recommended the Board refer this case to the County Attorney for immediate legal action. The subject property owners were not present or represented today, and no public comment was offered. Commissioner Hall moved to refer VI #9700115 against Richard E. and Carolyn Bauserman to the County Attorney for legal action. Commissioner Webster seconded the motion, and it carried unanimously. This Certification was approved on the 20th day of October, 1997. APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO �4 7ge E. Baxter, Chair Weld Cou BY. Deputy Cle TAPE #97-26 RESO #972255 - #972260 stance L. Harbert, fro -T Dale K. Hall EXCUSED DATE OF APPROVAL Barbara J. Kirkmeyer EXCUSED DATE OF APPROVAL W. H. Webster 972254 PL0824 PERMITS Id: MISC120 Keyword: @ACTM User: JCHESTER 10/14/97 Additional Notations for Inspection item: 00400 Violation Permit No: VI -9600316 Owner: WILSON RICHARD L & ELIZABETH A Status: ISSUED Address: 6767 WCR 19 WEL Line Insp. Date Text 1 10/13/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 2 10/13/97 WELD COUNTY ZONING ORDINANCE. THE PROPERTY IS NOT IN 3 10/13/97 COMPLIANCE AT THIS TIME. THERE IS A MOVE -IN HOUSE LOCATED 4 10/13/97 ON THE PROPERTY WITHOUT THE APPROPRIATE PERMITS. TO BRING 5 10/13/97 THE PROPERTY INTO COMPLIANCE THE HOUSE MUST BE REMOVED OR 6 10/13/97 THE APPROPRIATE PERMITS MUST BE OBTAINED. 7 10/13/97 JULIE CHESTER, ZONING COMPLIANCE OFFICER ato O7( Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. 10/13/1997 10:48 3038330707 Certified Mail (): P 500 457 986 Board of County Commissioners of Weld County P.O. Box 758 Greeley, Colorado 80632 Re: VI -9600316 Dear Commissioners: 3 October 1997 6707 MCA 19 Ft. Lupton, Colorado 80621 We have received a letter from Weld County Zoning Comp ante Officer Julie Chester stating that she was scheduling a meeting with the Board of County Commissioners on 14 October 1997 regarding VI -9600316. For the following four reasons, we do not believe that it is appropriate that a hearing on VI -9600316 be on your docket, at least at this time. 1. We did not receive the minimum 30 -day notice of the meeting as required by C.R.B. 24-4-105 (2)(a). The letter from Ms. Chester was postmarked 24 September 1997. The meeting was set for 14 October 1997. This is only a twenty (20) day period. 2. A second adjudicatory hearing on the matter of VI -9600316 may be a case of subjecting us to double jeopardy. According to the Resolution that we received from the 8 July 1997 hearing on VI -9600316, the matter had been referred to the County Attorney for legal action. Has the County Attorney referred the matter back to you? Have you vacated your Resolution from the 8 July hearing? On what statutory basis is this proposed 14 October hearing being scheduled? 3. Your hearing on VI -9600316 may amount to a conflict of interest on the Board's part in that the Board is named as the defendant in a suit, 97 CV 340, we have filed regarding the Board's denial of ZPAD-79. According to state law, we ars entitled to a fair and impartial hearing. On what basis can you claim to be impartial in this matter? Unless you -can show us statutory justification for proceeding, we hereby request that you recuse yourselves from adjudicating VI -9600316. de: tocc_ 10/13/1997 10:48 3038330707 WILD CUUCI KY <i b= 4. Additionally, since we have not ignored this matter but rather have met with Planning as agreed, we have requested judicial review via 97 CV 340, and we have not even set the structure down, what is the violation? Isn't it premature to attempt to prosecute us when we are in good faith attempting to resolve the matter through our right to due process under the law? AN ALTERNATE COURSE OF ACTION TO CONSIDER. At the 30 April 1997 hearing, George Baxter pointed out that, like it or not, you have approved these accessory dwellings in the past. Indeed, this is the first and only denial on record of an accessory dwelling for use on a farm. If the County wants to make these "harder to get", as Planning told us, the Ordinances should be changed before new applications are accepted. We applied for ZPAD-79, in good faith, following precedent, using Planning's previous instructions. The Weld County Zoning Ordinance was the same as last year but the standards and interpretation used were significantly different. By statute, we should have had an opportunity to rebut Todd Hodges' closing remarks at the April hearing. Some information given to you was incomplete, inaccurate and misleading. If you are of a mind to reconsider the matter, we respectfully request that you reconsider the denial of ZPAD-79. Our intention was and is to set up and operate the family agricultural business we outlined. We believe that it would be a positive contribution to the community, and a legitimate and reasonable use of our property in the agricultural zone. Please allow us this opportunity. Sincerely, 1/4-444-;--/ >4. a''"-1 r 4 /yy",,..) Richard L. and Elizabeth A. Wilson cc: Each Weld County Commissioner Bruce T. Barker, County Attorney Monica Daniels -Mika, Director of Planning Services 10/13/1997__10:48 3038330707 '41LD GUCN'1.<Y KUoL 'AaL Ell Clerk to the Board of Weld County Commissioners Greeley, Colorado 80632 Dear Clerk to the Board: 13 October 1997 6707 WCR 19 Ft. Lupton, Colorado 80621 Please distribute the following letter to each Commissioner and the County Attorney immediately upon receipt of this fax. It is essential that the enclosed information be given to them today, as soon as possible_ I will call to verify your receipt of this fax and that you have been able to give it to the Commissioners and County Attorney. Thank you for your prompt attention to this matter. Sincerely, Elizabeth A. Wilson DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3525 Fax (970) 352-6312 COLORADO October 13, 1997 Richard L. And Elizabeth A. Wilson 6707 Weld County Road 19 Ft. Lupton, Colorado 80621 FAX: (303) 833-0707 Dear Mr. and Mrs. Wilson: This.letter is in response to your letter received in our office on October 10, 1997. The violation of the Weld County Zoning Ordinance referred to in Julie Chester's September 24, 1997, letter is the temporary storage of a structure on your property which is located in the (A) Agricultural Zone District. The violation is designated as "VI -9600316." This zoning violation will be the subject of the hearing before the Board of County Commissioners of Weld County on October 14, 1997. The structure referred to is the "stick -built" house sitting on metal girders. You had previously applied for a permit to use the house as an accessory dwelling unit (ZPAD-79). The application was denied by the Board on April 30, 1997. The house has remained on your property since that time. Through correspondence, you have made it clear that you desire to permanently establish the house on the property as a residential structure. The temporary storage of a structure is not a use by right in the (A) Agricultural District. Section 31.2. It also is not an allowed accessory use. Section 31.3. Any use which is not a use by right or an allowed accessory use is deemed to be in violation of the Weld County Zoning Ordinance. Please address your question regarding conflict of interest to the Board. You asked the question why this case is set for hearing before the Board, given the fact that it has already been referred to the Weld County Attorney for legal action. The case was previously scheduled for hearing before the Board on July 8, 1997. Your counsel at that time, Tom Hellerich, could not attend the July 8, 1997, hearing. In order to accommodate Mr. Hellerich and to allow procedurally for discussions regarding the violation and the available alternatives, Mr. Hellerich agreed to recommend that the Board refer the matter to the County Attorney for legal action. Their agreement is stated in a letter from County Attorney Bruce Barker to Mr. Hellerich, dated July 7, 1997. A meeting took place between yourselves, Mr. Hellerich, Mr. Barker, Todd Hodges, and Julie Chester on July 17, 1997. That meeting resulted in an agreement that for exchange of information regarding the alternatives for you to pursue regarding the structure. The agreement is outlined in a July 24, 1997, letter from Mr. Barker to Mr. Hellerich. Various correspondence followed. In a letter dated August 8, 1997, addressed to Mr. Barker, you expressed concern that you did not have the opportunity to appear before the Board. You even filed a civil action naming the Board as Defendant in which you cldiim that the Board violated your right to due process by not allowing you to appear at a hearing prior to referring the matter to the County Attorney. The most recent letter from you, dated September 17, 1997, states that you do not plan to do anything with the structure pending the outcome of your C.R.C.P. Rule 106 proceeding. In this letter you also state your belief that the house sitting on girders is not a violation of the Weld County Zoning Ordinance. Given your current position and the fact that you have expressed a desire to address the Board regarding VI -9600316, Mr. Barker has recommended that the matter be heard by the Board on October 14, 1997. Service, Teamwork, Integrity, Quality Richard L. And Elizabeth A. Wilson October 13, 1997 Page 2 If you should have any further questions regarding VI -96000316, please feel free to call the Department of Planning Services at the above phone number. Sincerely, MoDaniels-Mika, AICP Director pc: Julie Chester, Zoning Officer wilson.sef Service, Teamwork, Integrity, Quality Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 970-353-6100, Ext. 3540 Fax: 970-352-6312 FAX TRANSMISSION COVER SHEET Date: October 13, 1997 To: Richard L. And Elizabeth A. Wilson Fax: 303-833-0707 Re: VI -9600316 Sender: Sharyn Frazer, Office Manager YOU SHOULD RECEIVE 3 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 970-353-6100, Ext. 3540. DATE: October 7, 1997 VIOLATION NUMBER: VI -9600316 NAME: Richard and Elizabeth Wilson ADDRESS: 6767 WCR 19, Ft. Lupton, CO 80621 LEGAL DESCRIPTION: Part of the N2 of Section 33, Township 2N, Range 67W, Weld County, Colorado PARCEL NUMBER: 131133000036 CASE SUMMARY: See previous case summary from November 26, 1996 to June 30, 1997 July 7, 1997 July 7, 1997 July 7. 1997 July 17, 1997 July 24, 1997 July 25, 1997 July 31, 1997 August 7, 1997 Letter received from Wilsons regarding the zoning violation. Letter sent from Bruce Barker, County Attorney, to Tom Hellerich, Attorney for the Wilsons. Progress inspection of the property. Property is not in compliance. Meeting at the County Attorney's Office with Julie Chester, Todd Hodges, Bruce Barker, Tom Hellerich and the Wilsons. Letter sent from Bruce Barker, County Attorney, to Tom Hellerich, Attorney for the Wilsons. Resolution and Hearing Certification from July 8, 1997 Board of County Commissioners Violation Hearing. Court Order Complaint Pursuant to Rules 57 and 106 of the Colorado Rules of Civil Procedure; Article 2, Section 25 of the Colorado Constitution and amendments 5 and 14 of the Constitution of the United States of America filed with the Court. August 8, 1997 Letter to Bruce Barker from Elizabeth Wilson. August 13, 1997 Motion to Withdrawal from Tom Hellerich as Attorney for Wilsons, Notice of Intent to Withdraw, Notification Certificate, Motion for Extension of Time, Order all filed with the Court. September 1, 1997 Letter sent to Monica Daniels -Mika, Director, Department of Planning Services from Elizabeth Wilson. September 9, 1997 Notice of Plaintiffs' Concurrence with Thomas E. Hellerich's Motion to Withdraw. Order Letter from Monica Daniels -Mika to the Wilsons. Letter sent to Monica Daniels -Mika from the Wilsons. Letter sent to the Wilsons indicating that the violation case was being scheduled again before the Board of County Commissioners. Progress inspection of the property and check a new complaint made about a commercial car painting operation occurring on the property. Letter sent to Julie Chester from Elizabeth Wilson. Memo to the file. Letter sent to the Wilsons from Julie Chester. September 9, 1997 September 9, 1997 September 22, 1997 September 24, 1997 September 25, 1997 September 29, 1997 October 3, 1997 October 3, 1997 The house is still located on the property and being stored on the property without the appropriate permits, therefore is a violation of Sections 31.2, 31.2.1, 31.3, 31.3.3, 43 and 43.2.3 of the Weld County Zoning Ordinance. To bring the property into compliance the house must be removed from the property or the appropriate permits must be obtained to use the house as a storage shed. The Department of Planning Services 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. October 3, 1997 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (S 70) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Richard and Elizabeth Wilson 6707 WCR 19 Ft. Lupton, CO 80621 Dear Mr. and Mrs. Wilson: This letter is in response to your letter received in our office on October 1, 1997. The Department of Planning Services policy, in regard to complaints, is as follows. All complaints can be made anonymously. The complaint alleged that there was a commercial car painting operation occurring on the property and was occurring late into the evening. Our policy in verifying the reliability of the complainant is to come out to the property in question, do an inspection and try to make contact with the property owner. At the time of inspection, no commercial car painting operation was observed by me or Troy Swain. There is no written complaint; the complaint was made anonymously by telephone. If you would like any other information, the file is available at the Department of Planning Services and our front staff would be happy to make any copies from the file at a cost of fifty cents per page. If you need any further information, please feel free to call or write the Department of Planning Services a the above address and phone number. Thank you. Sincerely, C7OL__ Julie Chester Zoning Compliance Officer pc: VI -9600316 County Attorney's Office Monica Daniels -Mika, Director, Department of Planning Services Enclosure: Copy of inspection report dated September 25, 1997 SERVICE, TEAMWORK, INTEGRITY, QUALITY 04/64;MEMORANDUM WI`'p�. TO: File October 3, 1997 COLORADO From: Julie Chester, Zoning Compliance Officer SUBJECT: Property research information The information from property research as referenced in the letter, dated September 29, 1997 from Elizabeth Wilson, has been returned to the property research files under Section 18, Township 2N, Range 67W. SERVICE, TEAMWORK, INTEGRITY, QUALITY Certified Mail #: P 500 457 982 Ms. Julie Chester Zoning Compliance Officer Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 Dear Ms. Chester: 29 September 1997 6707 WCR 19 Ft. Lupton, Colorado 80621 d County OCT 0 1 1997 This letter is in regard to your official visit to our farm on 25 September 1997 to investigate a complaint of an alleged commercial car painting operation. As you discovered, such complaint is groundless. No such operation exists. On Friday, 26 September, I and a witness, visited the Weld County Planning Department. We reviewed our violation file, VI - 9600316. We saw the written summary of your visit. We did not see any evidence of the complaint. However, we did see copies of documents relating to a mobile home permit from the 1990 time frame connected with our previous residence in Weld County. Please explain why those documents are in this file. We would like to obtain the following information about the complaint: 1. The name of the party(ies) that made the complaint. 2. The date that the complaint was made. 3. What specifically the complaint alleged. 4. What your policies are about verifying the reliability of the complainant. 5. A copy of the complaint and any other related information. Sincerely, —&.,74..4.ciA 4"). '22114,41 -a --- Elizabeth A. Wilson PERMITS Id: MISC120 Keyword: BACTM User: JCHESTER 09/26/97 Additional Notations for Inspection item: 00400 Violation Permit No: VI -9600316 Owner: WILSON RICHARD L 8 ELIZABETH A Status: ISSUED Address: 6767 NCR 19 WEL Line Insp. Date Text 1 2 3 4 5 6 7 8 9 10 11 12 09/25/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 09/25/97 WELD COUNTY ZONING ORDINANCE. THE HOUSE IS STILL LOCATED ON 09/25/97 THE PROPERTY AND TROY SWAIN, WCHD AND I ALSO INSPECTED THE 09/25/97 PROPERTY DUE TO A COMPLAINT ABOUT A COMMERCIAL CAR PAINTING 09/25/97 BUSINESS. WE DID NOT SEE ANY INDICATION OF A COMMERCIAL 09/25/97 OPERATION OCCURRING. WE SPOKE TO SEVERAL PEOPLE ON THE 09/25/97 PROPERTY, INCLUDING MRS. WILSON, AND THEY ALL TOLD US THAT 09/25/97 THEY DO PAINT THEIR OWN CARS AND THE FARM EQUIPMENT. WE 09/25/97 TALKED TO THEM ABOUT PROPER DISPOSAL OF HAZARDOUS WASTE 09/25/97 (PAINT, SOLVENTS, ETC). THEY SAID THEY WOULD MAKE SURE AND 09/25/97 DISPOSE OF THESE ITEMS APPROPRIATELY. 09/25/97 JULIE CHESTER, ZONING COMPLIANCE OFFICER Enter Option: 4=Add, C=Change, D=D,{ete nsWct Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. REPT131 WELD COUNTY, CO 09/24/97 16:05 REQUESTS FOR INSPECTION WORK SHEETS FOR: 9/25/97 PAGE 2 AREA: JAC Activity: VI -9600316 9/25/97 Type: VIO Status: ISSUED Constr: WCV Address: 6767 WCR 19 WEL Location: 6767 WCR 19 Parcel: 1311 33 000036 Occ: Description: COMPLAINT: TOO MANY RESIDENCES ON THE PROPERTY Applicant: Phone: Owner: WILSON RICHARD L 8 ELIZABETH A Phone: Phone: Contractor: Use: Inspection Request Information Requestor: JULIE CHESTER Phone: X3549 Req Time: Comments: CAR PAINTING BUSINESS Items requested to be Inspected... Action Comments 00400 SITE INSPECTION Inspection History Item: 00404 TELEPHONE CALL 01/08/97 Inspector: JAC Action: VI WITH LIZ WILSON 01/08/97 Inspector: JAC Action: VI WITH DIANA SPURLING Item: 00405 LETTER 01/10/97 Inspector: JAC Action: VI 01/28/97 Inspector: JAC Action: VI 01/29/97 Inspector: JAC Action: VI 06/18/97 Inspector: JAC Action: VI 06/25/97 Inspector: JAC Action: LET 06/26/97 Inspector: JAC Action: VI 07/07/97 Inspector: JAC Action: VI 07/07/97 Inspector: JAC Action: VI 09/09/97 Inspector: MDM Action: VI 09/15/97 Inspector: JAC Action: VI 09/22/97 Inspector: JAC Action: VI 09/23/97 Inspector: JAC Action: VI Item: 00400 SITE INSPECTION 01/28/97 Inspector: JAC Action: VI Time Exp 7"C 9 ilzt Gk FIVE DAY LETTER SENT VIOLATION NOTICE SENT LETTER RECEIVED BCC LETTER SENT LTR RCVD FROM HELLERICH LETTER SENT TO HELLERICH LETTER RECEIVED LTR SENT FROM COU ATTORN CERTIFIED LTR SENT CERTIFIED LTR SENT-RECVD LTR RCVD FROM WILSON'S BCC LETTER SENT PROGRESS INSPECTION Notes: THE HOUSE IS STILL LOCATED ON THE PROPERTY WITHOUT THE APPROPRIATE PERMITS AND NO ZPAD OR BUILDING PERMITS HAVE BEEN APPLIED FOR AT THIS TIME. THE PROPERTY CAN BE BROUG INTO COMPLIANCE BY REMOVING THE HOUSE FROM THE PROPERTY 0 OBTAINING ALL APPROPRIATE PERMITS. JULIE CHESTER, ZONING COMPLIANCE OFFICER 06/16/97 Inspector: JAC Action: VI PROGRESS INSPECTION Notes: THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH T WELD COUNTY ZONING ORDINANCE, SECTIONS 31.2, 31.3, 31.3.3 AND 43. THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THE HOUSE IS STILL ON THE PROPERTY WITHOUT THE APPROPRIAT PERMITS. TO BRING THE PROPERTY INTO COMPLIANCE THE HOUSE MUST BE REMOVED FROM THE PROPERTY OR THE APPROPRIATE PERM MUST BE OBTAINED. THE HOUSE COULD STAY ON THE PROPERTY F STORAGE ONLY AS LONG AS THE APPROPRIATE BUILDING PERMITS OBTAINED AND IT IS NOT USED AT ANY TIME AS A RESIDENCE. JULIE CHESTER, ZONING COMPLIANCE OFFICER 07/07/97 Inspector: JAC Action: VI PROGRESS INSPECTION J_maztriv c So/he REPT131 WELD COUNTY, CO 09/24/97 16:05 REQUESTS FOR INSPECTION WORK SHEETS FOR: 9/25/97 PAGE 3 AREA: JAC Notes: THE, PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH T WELD COUNTY ZONING ORDINANCE, SECTIONS 31.2, 31.3, 31.3.3 AND 43. THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS A FIFTH RESIDENCE LOCATED ON THE PROPERTY WITHOU THE APPROPRIATE PERMITS. TO BRING THE PROPERTY INTO COMPLIANCE THE 5TH RESIDENCE MUST BE REMOVED OR THE APPROPRIATE PERMITS OBTAINED. JULIE CHESTER, ZONING COMPLIANCE OFFICER 09/22/97 Inspector: JAC Action: VI PROGRESS REPORT Notes: WE WILL RESCHEDULE THE VIOLATION BEFORE THE BOARD OF COUN COMMISSIONERS TO ALLOW THE WILSON'S THE OPPURTUNITY TO ADDRESS THE BOARD. THE HOUSE IS STILL BEING STORED ON TH PROPERTY AND IS A VIOLATION OF THE ZONING ORDINANCE. THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS PROCEEDING WITH LEGAL ACTION AT THIS TIME. JULIE CHESTER, ZONING COMPLIANCE OFFICER COLORADO September 24, 1997 Richard and Elizabeth Wilson 6707 WCR 19 Ft. Lupton, CO 80621 Subject: VI -9600316 Legal Description: Weld County, Colorado Dear Mr. and Mrs. Wilson: a, J 6 0 co E a P 386 977 338 Receipt for Certified Mail No Insurance Coverage Provided u,rE, uaK. Do not use for International Mail (See Reverse) Sear to Richard & Elizabeth Wilson 6YO7 t CR 19 FL; `Lupton'; CO 80621 POSra9De $ :eft Fee c Soec.ai Deileere Fee Pest m Ld & Fe_ Return Race's, S-mv.vie to VI r', & Dare D=imered Return Rare r Snewrny ro Wnarn. Dale, and C.d:resaees L ndrese FeTAL Posra5e & Fees $ Posrma k or Date NING SERVICES 0) 353-6100, EXT.3540 FAX (970) 352-6312 IISTRATIVE OFFICES 400 N. 17TH AVENUE Y, COLORADO 80631 Range 67W, 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 October 14, 1997 at 10:00 a.m. to consider the violations occurring on the property and to give you the opportunity to address the Board. 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. 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. The property will be inspected the day before the meeting and if the property is in compliance at that time (by either removing the house sitting on the steel girders or obtaining the appropriate permits) you will not need to attend the meeting. If you have any questions concerning this matter, please call me. Sincerely, Julie Chester Zoning Compliance Officer pc: VI -9600316 County Attorney's Office Monica Daniels -Mika, Director, Department of Planning Services PERMITS Id: MISC120 Keyword: UACT User: JCHESTER 09/23/97 Additional Notations for Inspection item: 00400 Violation Permit No: VI -9600316 Owner: WILSON RICHARD L 8 ELIZABETH A Status: ISSUED Address: 6767 WCR 19 WEL Line Insp. Date Text 1 09/22/97 WE WILL RESCHEDULE THE VIOLATION BEFORE THE BOARD OF COUNTY 2 09/22/97 COMMISSIONERS TO ALLOW THE WILSON'S THE OPPURTUNITY TO 3 09/22/97 ADDRESS THE BOARD. THE HOUSE IS STILL BEING STORED ON THE 4 09/22/97 PROPERTY AND IS A VIOLATION OF THE ZONING ORDINANCE. 5 09/22/97 THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS PROCEEDING 6 09/22/97 WITH LEGAL ACTION AT THIS TIME. 7 09/22/97 JULIE CHESTER, ZONING COMPLIANCE OFFICER Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Updated O.K. Certified Mail #: Z 437 024 521 Monica Daniels -Mika Director of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 Dear Ms. Daniels -Mika: 17 September 1997 6707 WCR 19 Ft. Lupton, Colorado 80621 .. Thank you for your letter of 9 September and the materials that you included. As per our discussion with Weld County personnel at a meeting on 17 July 1997, we have reviewed our land use options: 1. Our first choice of land use is agricultural. As Weld County knows, this is what we have planned for. This is what we are pursuing. 2. We have asserted and continue to assert that our structure, stored on iron, is not in violation of the Weld County Zoning Ordinance. It effectively amounts to building materials that are waiting to be used. There is no power or water connected to it. 3. We assert that the denial of ZPAD-79 by the Weld County Board of Commissioners was not reasonable and we have exercised our legal right to a court review of their decision. We hereby propose our course of action: 4. We will await the decision of the judicial system concerning our dispute. If the judiciary ultimately denies our right to use the structure as an accessory dwelling on our farm, then we will be forced to consider other options. Meanwhile, we will continue to do whatever we deem appropriate for the success of our family fanning operation. Sincerely Yours, a —f 4e4,aG..s d Richard L. and Elizabeth A. Wilson cc: Bill Webster - Weld County Commissioner Bruce Baxter - Weld County Attorney ffi? T WUDc COLORADO September 9, 1997 Elizabeth Anne Wilson and Richard Lee Wilson 6707 WCR 19 Ft. Lupton, CO 80621 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Dear Mr and Mrs Wilson, I am in receipt of your letter dated September 1, 1997. From this letter it appears that there is some miscommunication concerning possible land use alternatives. On July 17, 1997, you met with representatives from the Department of Planning Services staff and the Weld County Attorney. At this time, you entered into an understanding that you would work with the Department and the County Attorney's Office to investigate your land use options, propose a recommended course of action by September 19, 1997, and submit a completed application to the Department of Planning Services by Oct 3, 1997. Based upon receipt of this letter, I am under the impression that you still intend to adhere to this agreement. Should this not be the case, I recommend you consult with Bruce Barker, Weld County Attorney. In your letter, you expressed dissatisfaction with the complexity of the alternatives extended and a concern that there is minimal criteria for assurance of these alternatives. I disagree with this point and would like to draw your attention to Sections 11.13, 4.0, and 11.0 of the Weld County Subdivision Ordinance. Land use is not an exact science and each case proposes unique circumstances which must be addressed individually based on the site itself and in relationship to other factors. Until you choose a land use alternative or process to follow, it is difficult to discuss all the possible factors involved with each case. For example, there are different criteria and standards for the minor subdivision process and the recorded exemption process even though each allows for the division of land. It is your responsibility to consider these options and select an alternative that best meets the intended use of your property. I believe the Department of Planning Services is responsible for processing your choice and assisting you through the process, however, it is beyond our scope to ensure that an application will be approved. Approval of most land use applications rests with elected and appointed officials. It is apparent from your letter that you contend you are not in violation regarding the use of your property. The Weld County Zoning Ordinance (ZO) is specific in its intended uses allowed by right (ZO 31.4). ZPAD-79, was denied by the Board of County Commission based upon redtonable and nonabritary standards, and therefore, the proposed structure was not validated leaving it in violation as a residential use. From the information presented, nowhere do I see that you have proposed to use this structure for anything other than residential, which is not a use by right. Wilson Page 2 Should you wish to retain this structure for storage purposes this alternative can be discussed with appropriate permits available (ZO 43.2.2). Weld County regulations support and address the unique needs of the agriculture heritage and community; however regulations do exists to ensure that consistent land use is available for all people located in the Agricultural zone district. When property owners choose options beyond those listed as uses by right, they are required to participate in the land use process to ensure that their proposed use is compatible with the agricultural zone district and surrounding community. Thank your for the opportunity to address your concerns. Should -you wish to discuss this matter further, I would be more than happy to do so. I look forward to working with you on your upcoming land use applications. Sincerely, C--In‘CaAA1/4.A M on i cakD aniels-Mika, AICP Director pc: Bill Webster, Weld County Commission Bruce Barker, Weld County Attorney Todd Hodges, Current Planner II Julie Chester, Zoning Compliance Officer enclosures: Recorded Exemption application Subdivision Exemption application Minor Subdivision application Zoning Ordinance Sections 31.2 and 43.22 Subdivision Ordinance Sections 4.5,11, and 11.13 wilson f DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Case No. 97 CV 340 Division I InuMAS E. HELLERICH ATTORNEY AT LAW 1812 56TH AVENUE GREELEY, CO 80634 ORDER ELIZABETH A. WILSON and RICHARD L. WILSON, Plaintiffs, vs. THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, Defendants. THIS MATTER coming before the Court upon the Motion to Withdraw of Thomas E. Hellerich and the Court being fully advised in the premises, IT IS HEREBY ORDERED that Thomas E. Hellerich be allowed to withdraw as the attorney of record for the Plaintiffs in the above referenced case, and that Thomas E. Hellerich be relieved of any further obligation to the Plaintiffs, the Court or counsel with regard to any further proceedings in this action. DONE IN OPEN COURT this SEP 0 1997 day of Avg t 1997.. BY THE COURT: District Court Judge CaroDPV DISTRICT COURT, WELD COUNTY, STATE OE, cOLQR/DO Case No. 97 CV 340 CC: 43L ision: L Notice of Plaintiffs' Concurrence with Thomas E. Hellerich's Motion to Withdraw Elizabeth A. Wilson and Richard L. Wilson Plaintiffs vs THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY. COLORADO) Defendants COMES NOW the Plaintiffs, representing themselves, who hereby state as follows: 1. Plaintiffs concur with the motion of Thomas E. Hellerich to this court to withdraw from representing the Plaintiffs. 2. Plaintiff's intend to prosecute this case on their own behalf. We reserve the right to retain another attorney at some future point. Respectfully submitted this .5 day of September, 1997. By: Elizabeth A. Wilson 6707 WCR 19 Ft. Lupton, Colorado 80621 AA)CR Richard L. Wilson 6707 WCR 19 Ft. Lupton, Colorado 80621 Certified Mail #: Z 437 024 520 Veld County Planning Dept. SEP 0 41997 RECEIVED 1 September 1997 6707 WCR 19 Ft. Lupton, Colorado 80621 _ Ms. Monica Daniels -Mika Director, Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, Colorado 80631 Dear Ms. Daniels -Mika, This document ,is in response to our agreement with Weld County Attorney Bruce Barker to present the Planning Department with our plans for our property by 3 September 1997. We have reviewed the materials sent to us by the Planning Department on July 30. It is our understanding from reviewing the procedural guides that we should also have been sent the "Weld County Subdivision Ordinance." It would appear from the information sent that we are eligible to divide the property into three 80 acre parcels, each with recorded exemptions. A minor subdivision in the NW and/or SE corners of the property are also possibilities. However, they are unrelated to the farming operation that we want to accomplish. We note that your so-called alternatives are significantly more expensive and time consuming than what we have already requested via ZPAD-79. It would seem that Weld County -officials are attempting to discourage us from farming. Even if we mere inclined to attempt such "alternatives", there appear to be no published criteria that we could follow to ensure that any proposal will be approved. Meanwhile, the continual extraction of application and related fees constitutes a grave financial burden. Unfortunately, it has already been our costly experience that the zoning decision mode of Weld County officials seems to be characterized_ by an arbitrary and capricious posture. We have filed suit against Weld County because of the manner in which ZPAD-79 was handled. Let's summarize the scenario being perpetrated upon us by Weld County officials. First, we are arbitrarily denied a ZPAD application by county officials. Second, we are threatened by._. county.officials with prosecution and fines for an alleged violation based upon their denial. Third, we are offered the opportunity to pay significantly greater fees to the county to have possible "solutions" reviewed, but not necessarily approved. Might not a panel of reasonable persons see this scenario as extortion? We continue to maintain that we ate not in violation of the Weld County Zoning Ordinance, either by action or intent. We believe it would show good faith on the part of Weld County to refrain from further action regarding VI #9600316 until the matter has been litigated. Sincerely, Richard L. and Elizabeth A. Wilson cc: Bruce Barker, Weld County Attorney DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Case No. 97 CV 340 Division I THOMAS E. KELLERICH ATTORNEY AT LAW 1812 56TH AVENUE GREELEY, CO 80634 ORDER ELIZABETH A. WILSON and RICHARD L. WILSON, Plaintiffs, vs. THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, Defendants. _=o • THIS MATTER coming on before the Court on the Plaintiffs' Motion for Extension of Time, and the Court having reviewed the file herein, THE COURT HEREBY ORDERS that the Plaintiffs be GRANTED an enlargement of time to 1 , in the above -captioned proceedings. DONE IN OPEN COURT this j day of August, 1997. BY THE COURT: District Court Judge Cc; IL;Cdici J Weld County Planning Dept AUG 2 5 1997 RECEIVED VELD COU: TY DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Case No. 97 CV 340 Division I C! ER', MOTION FOR EXTENSION OF TIME ELIZABETH A. WILSON, and RICHARD L. WILSON, Plaintiffs, vs. THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, Defendants. c. t 9- CONIES NOW, the Plaintiffs, Elizabeth A. Wilson and Richard L. Wilson, by and through their attorneys, DOYLE, OTIS, FREY & HELLERICH, LLC, and hereby requests that the Court grant an extension of time in the above -captioned matter, and as grounds therefore, states as follows: 1. Plaintiffs will need additional time as counsel for the Plaintiffs has requested to with draw and Plaintiffs will need time to secure new legal counsel. Respectfully submitted this // day of August, 1997. DOYLE, OTIS, FREY & HELLERICH, LLC • Byti • .1C, Thomas E. Hellerich 42159 Attorney for Plaintiffs 1812 56th Avenue Greeley, CO 80634 (970) 330-6700 1 G'G; &c/gait-I) CER I'IP [CATE OF MAILING I hereby certify that on the 1/ day of August, 1997, I served a true and correct copy of the foregoing by mailing a copy thereof, First Class, postage prepaid, addressed to: Bruce Barker, Esq. Lee D. Morrison, Esq. Weld County Attorneys Office 915 10th Street P. O. Box 1948 Greeley, CO 80632 Board of County Commissioners Weld County 915 10th Street Greeley, CO 80631 2 WELD COUNTY DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Case No. 97 CV 340 Division I NOTIFICATION CERTIFICATE ELIZABETH A. WILSON and RICHARD L. WILSON, Plaintiffs, vs. u n. 4i n CLEflK TO T-:._ THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, Defendants. COMES NOW Thomas E. Hellerich and states unto the Court as follows: 1. That reasonable efforts have been made to give actual notice to the Plaintiffs of all notification requirements contained in (a) through (h) of Paragraph 2 of the Colorado Rules of Civil Procedure, Rule 121, Statewide Practice Standards Section 1-1. 2. That such notification was given to the Plaintiffs by means of a Notice of Intent to Withdraw, a copy of which is attached hereto and incorporated herein by reference. 3. That the last known names and address of the Plaintiffs are as follows: Elizabeth A. Wilson Richard L. Wilson 6707 Weld County Road 19 Fort Lupton, CO 80621 Respectfully submitted, DOYLE, OTIS, FREY & HELLERICH, LLC 7 Thomas E. Hellerich #2159 1812 56th Avenue Greeley, CO 80634 (970) 330-6700 CERTIFICATE OF MAILING I hereby certify that on the /7 day of August, 1997, I served a true and correct copy of the foregoing Notification Certificate by mailing a copy thereof, properly addressed, First Class, postage prepaid, to the following: Elizabeth A. Wilson Richard L. Wilson 6707 Weld County Road 19 Fort Lupton, CO 80621 Bruce Barker, Esq. Lee D. Morrison, Esq. Weld County Attorneys Office 915 10th Street P. O. Box 1948 Greeley, CO 80632 Board of County Commissioners Weld County 915 10th Street Greeley, CO 80631 06,(4-6 L791ao WELD COUNTY Y DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Case No. 97 CV 340 NOTICE OF INTENT TO WITHDRAW 1797 P..17 13 .' C: 49 Division I CI FR1C TO THE ELIZABETH A. WILSON and RICHARD L. WILSON, Plaintiffs, vs. THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, Defendants. TO: Elizabeth A. Wilson and Richard L. Wilson, Plaintiffs YOU ARE HEREBY NOTIFIED OF THE FOLLOWING: 1. That Thomas E. Hellerich, wishes to withdraw from representing you in the above referenced case. 2. That the District Court in and for the County of Weld and State of Colorado will retain jurisdiction of the above referenced case at least until a determination of any pending matters has been made. 3. That upon the withdrawal of Thomas E. Hellerich from your representation, you will have the burden of keeping the Court informed where notices, pleadings and other papers may be served upon you. 4. That you will have the obligation to prepare for hearings or trial or hire other counsel to prepare for hearings or trial when dates have been set in the above referenced case. 5. That if you fail or refuse to meet these burdens you may suffer possible entry of Orders against you. 6. That service of process may be made upon you at your last known address. 7. That you have a right to object within 15 days of the date of this notice to the withdrawal of Thomas E. Hellerich from your representation. DOYLE, OTIS, FREY & HELLERICH, LLC Thomas E. Hellerich #2159 1812 56th Avenue Greeley, CO 80634 (970) 330-6700 CERTIFICATE OF MAILING I hereby certify that on the 7/ day of August, 1997, served a true and correct copy of the foregoing Notice of Intent to Withdraw by mailing a copy thereof, properly addressed, First Class, postage prepaid, to the following: Elizabeth A. Wilson Richard L. Wilson 6707 Weld County Road 19 Fort Lupton, CO 80621 Bruce Barker, Esq. Lee D. Morrison, Esq. Weld County Attorneys Office 915 10th Street P. O. Box 1948 Greeley, CO 80632 Board of County Commissioners Weld County 915 10th Street Greeley, CO 80631 n DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Case No. 97 CV 340 Division I" 13 MOTION TO WITHDRAW CI_E K To TH7E. ELIZABETH A. WILSON and RICHARD L. WILSON, Plaintiffs, vs. THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, Defendants. 2: L?9 COMES NOW the law firm of Doyle, Otis, Frey & Hellerich, LLC, by Thomas E. Hellerich, and respectfully moves this Court for an order permitting Thomas E. Hellerich to withdraw his representation as counsel for the Plaintiffs, Elizabeth A. Wilson and Richard L. Wilson in the above - captioned proceedings, and as grounds therefor, states unto the Court as follows: That Thomas E. Hellerich wishes to withdraw his legal representation on behalf of the Plaintiffs in the above referenced case. 1. The undersigned counsel and the Plaintiffs are unable to agree upon how the Plaintiffs should proceed in this matter and Plaintiffs are in need of new legal counsel. 2. Plaintiffs have commenced their own legal proceedings which are a part of and parallel the within action and Plaintiffs desire to proceed forward as their own legal counsel, or should retain new legal counsel. 3. That reasonable efforts have been made to give actual notice to the Plaintiffs of the notification requirements contained in Colorado Rules of Civil Procedure, Rule 121, Statewide Practice Standards, Section 1-1 as evidenced by a Notice of Intent to Withdraw and Notification Certificate, copies of which are attached hereto and incorporated herein by reference. Respectfully submitted, DOYLE, OTIS, FREY & HELLERICH, LLC s - By: r.... _. Thomas E. Hellerich #2159 Attorney for Plaintiffs 1812 56th Avenue Greeley, CO 80634 (970) 330-6700 CERTIFICATE OF MAILING I hereby certify that on the If day of August, 1997, I served a true and correct copy of the foregoing Motion to Withdraw by mailing a copy thereof, properly addressed, First Class, postage prepaid, to the following: Elizabeth A. Wilson Richard L. Wilson 6707 Weld County Road 19 Fort Lupton, CO 80621 Bruce Barker, Esq. Lee D. Morrison, Esq. Weld County Attorneys Office 915 10th Street P. O. Box 1948 Greeley, CO 80632 Board of County Commissioners Weld County 915 10th Street Greeley, CO 80631 FILE No.086 08,11 '97 10:25 ID:WEL.D CTY GOVT 08/11/1997 07:27 3038330707 FAX:9703520°42 PAGE 1 WILD tt*J{TRY ROSE PAGE 01 Certified Weil A: P 614.4191:}'327 Bruce T. Barker Weld County Attorney 915 10th Street Greeley, Colorado 80632 Dear Bruce, 8 August 1997 6707 NCR 19 Ft. Lupton, Colorado 80621 Post -It" Fax Note 7671 Dare k/ Ipe°g(etil. 3 To t:: /1 w/ 1( (.,�,1.. �,, j _� From /� �h.7��! i�slf Co//Dee�p1//�f_7`�g_ _�/�+'R�(jj! T Lir t�14Ls Co. Phone ft Mums a Fax a Fax N Ws have received a copy of your letter to Ton Hellerich dated July 24, 1997, referencing the meeting on July 17, 1997 between you, Todd Hodges, Julie Chester, Tom Hellerich, James Dowd, and Elizabeth Wilson. We appreciated your explaining that "prosecution° as mentioned in your letter to Tom Hellerich dated July 7,1997 was 'only for leak of a better word° and not because you intend to pursue it. We were especially happy to have your assurance because we have wino* received a copy of the resolution adopted on July 8, 1997 by the Board of Weld County Commissioners. It states that your office requested the Board "refer said alleged violation to the County Attorney's office for immediate legal action against said property owners°. Obviously, we would not have given up the opportunity to present our case to the Board of County Commissioners in exchange for the opportunity to be prosecuted. You have a letter from our attorney dated July 13 which was the date we first received a copy of your July 7 letter. Tom Hellerich's letter expressed our concern about your terminology and confirmed that the conversation between the two of you agreed only to the.matter being referred to your office to arrange a meeting. 08/11/97 09:28 TX/R1 NO.8166 P.001 FILE No.086 08,11 '97 10:25 ID:WEI CTY GOVT 08/11/1997 07:27 3038330707 FAX:9703520°42 PAGE 2 WILD COUNTRY ROSE PAGE 82 It was not then and it is not now our intention to agree to prosecution or any other legal action against us or "any other persons occupying the properties, any persons claiming an interest in the properties, and any persona acting in active concert with the identified parties". We would appreciate your correcting this misinformation with the Board of County Commissioners and notifying us of the corrected record. Also, it seems to us that a copy of the July 0 County Commissioner's resolution should have been provided to us before our meeting on July 17, so that we could have had an understanding of what had already transpired. It was not sent to us until July 22. At the July 17 meeting, we all agreed that nowhere in the Weld County Zoning Ordinance is it written that we are in violation by having a structure stored on iron. Todd stated that the alleged violation is by ^intent". If it is the intent of the Weld County Zoning Ordinance to prohibit this type of building material, then the Ordinance should be rewritten to reflect that. It certainly is not, nor has it ever been, our intention to violate the Weld County Zoning Ordinance, If we had intended a violation, we would have set the 'house down and used it rather than applying for ZPAD-79. We agreed to the meeting on July 17 in a good faith attempt to explore alternative means of using the structure which we need as an accessory dwelling to our farm. At the meeting, Todd Hodges said he would send us the packets of information on recorded exemptions, subdivision exemptions, and minor subdivisions. We agreed to review the possibilities and correspond with Planning according to the time - trees outlined in your letter. When we had not received any materials from Todd Hodges by July 30, we had Mr. Hellerich contact you and Todd, who then sent the packets to us. Because of the two week delay in sending the materials, we need to add those two weeks to the dates that we originally agreed upon, so that we can adequately review our options and formulate a plan of action. 08/11/97 09:28 TX/RX NO.8166 P.002 • FILE No.086 08,11 '97 10:26 ID:WELD CTY GOVT 08/11/1997 07:27 3038330707 FAX:9703520242 PAGE 3 WILD COUNTRY ROSE PACE 03 It should be noted that in reviewing the packets Todd sent, the options you are offering will be considerably more expensive than our original plan. In addition, our tax liability is projected to be much higher. We will present our initial plan to Todd Hodges by September third. He can then review it and make recommendations to us by September 10. We will notify you of our intended action by September 19 and will commence action by October third. Please contact us to confirm these new dates or if you have any questions. Sincerely, Elizabeth A. Wilson cc: Hoard of County Commissioners Tom Hellerich, Attorney 08/11/97 09:28 TX/RX NO.8166 P.003 F146-O DISTRICT COURT, WELD COUNTY STATE OF CO;h"ORADQG co,,,.. Case No. 97t" // V‘40Division I */ %'' `" iV Complaint Pursuant to Rules 57 and 106 of the Colorado Rules of Civil Procedure; Article 2, Section 25 of the Colorado Constitution and Amendments 5 and 14 of the Constitution for the united States of America Elizabeth Anne Wilson and Richard Lee Wilson Plaintiffs vs THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Defendants COMES NOW the Plaintiffs, representing themselves, and pursuant to Colorado Rules of Civil Procedure Rules 57 and 106, Article 2, Section 25 of the Constitution of the State of Colorado, and Amendments 5 and 14 of the Constitution for the united States of America, do hereby allege and state as follows: PLAINTIFFS 1. The Plaintiffs are residents of Weld County, Colorado and are accused of being in violation of the Weld County Zoning Ordinance, VI #9600316, in a resolution from the Board of County Commissioners of Weld County. DEFENDANTS 2. Weld County is a body corporate and politic capable of suing and being sued in its own name. The Defendant, The Board of County Commissioners of Weld County ("Board of County Commissioners") exercises the powers granted to Weld County. FACTS 3. The Defendant, Board of County Commissioners, held a public hearing on July 8, 1997, for the stated purpose of hearing testimony regarding alleged zoning violation VI #9600316. 4. Plaintiffs were instructed that their presence at said meeting was not necessary and that matter would be addressed at a meeting between Plaintiffs and County Attorney. C 5. Resolution adopted at said meeting referred matter to Weld County Attorney's office for immediate legal action against Plaintiffs. LEGAL CLAIMS 6. Plaintiffs would not have knowingly, willingly, or intentionally given up the opportunity to appear and testify before the Board of Commissioners in exchange for the posture to be prosecuted. 7. Plaintiffs have been denied their right to due process as protected by the Colorado Constitution and the Constitution for the united States of America. 8. Plaintiffs were injured by the Defendants as per 42 USC Sec. 1983 when the Defendants deprived Plaintiffs of their rights to due process. 9. Plaintiffs are damaged by the prosecutorial posture of the Defendants in the_matter of an alleged zoning violation that does not exist in the applicable Weld County Zoning Ordinance. 10. Plaintiffs have no plain, speedy and adequate remedy otherwise provided by law. — RELIEF REQUESTED 11. Plaintiffs' legal fees and other related costs of this action. 12. Declaratory judgement that either: a) Sections of the Zoning Ordinance upon which the alleged violation is based are void for vagueness, or b) The interpretations by Weld County of the referenced Zoning sections are capricious and not based in reason. 13. Compensatory, punitive, and other damages in an amount appropriate for this type of violation. 14. Injunction against Weld County from pursuing legal action against Plaintiffs re: the alleged violation until matter is decided by the Court. 15. Trial by jury on all issues triable by jury. 16. Such other additional relief as the Court may award. Dated this 74-s, day of August, 1997. By: — Richard Lee Wilson 6707 WCR 19 Ft. Lupton, Colorado 80621 Q Elitabeth e Wilson u 6707 WCR 19 Ft. Lupton, Colorado 80621 rirTHOMAS E. HELLS ATTORNEY AT LAW 1812 56TH AVENUE GREELEY, CO 80634 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO • Case No. 97 CV 340 Division I ORDER ELIZABETH A. WILSON and RICHARD L. WILSON, • Plaintiffs, vs. 2 THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, Li Defendants. THIS MATTER coming on before the Court on the Motion for Extension of Time stipulated to between the parties, and the Court having reviewed the file herein, THE COURT HEREBY GRANTS an extension of time for the Plaintiffs to file an Answer to the Defendants Motion to Dismiss, or in the Alternative, Motion for Summary Judgment up to and including August 18, 1997. DONE IN OPEN COURT this a?Y day of \ , 1997. BY THE COURT: District Court Judge JUL U 1 1997 CERTIFICATE OF MAILING I hereby certify that on the 29 day of 7 , 1997, I served a true and correct copy of the foregoing by mailing a copy thereof, First Class, postage prepaid, addressed to: Bruce Barker, Esq. Lee D. Morrison, Esq. Weld County Attorney's Office 915 10th Street P. O. Box 1948 Greeley, CO 80632 Board of County Commissioners Weld County 915 10th Street Greeley, CO 80631 0 a g 71? (u C` J,997 A�S---/,� 7GC�cY tt'Q f CP / 3 1. a 5/. 3. 3 2C �-n � YLt {N!J Aa-e-cyid 6_7 -PG (K/ c wZ 4 �1 t✓ e) �7' C x�-Eu�q 6'6 /HQ ,/�`lJj a 4 .---C41/4-A i U -e cam g a-a-cJ-4 �'—t /11� 'tdc-c-C -(IY(J (AA_ Lt>'ci JJ/ t Y ca I e, r t .,c 11�C-e2c 7 I Isms. nj aaz 1 S) �.J 2 c:z C Q Ct J PERMITS Id: MISC120 Keyword: @ACTM User: JCHESTER 07/08/97 Additional Notations for Inspection item: 00400 Violation Permit No: VI -9600316 Owner: WILSON RICHARD L 8 ELIZABETH A Status: ISSUED Address: 6767 WCR 19 WEL Line Insp. Date Text 1 07/07/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 2 07/07/97 WELD COUNTY ZONING ORDINANCE, SECTIONS 31.2, 31.3, 31.3.3, 3 07/07/97 AND 43. THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. 4 07/07/97 THERE IS A FIFTH RESIDENCE LOCATED ON THE PROPERTY WITHOUT 5 07/07/97 THE APPROPRIATE PERMITS. TO BRING THE PROPERTY INTO 6 07/07/97 COMPLIANCE THE 5TH RESIDENCE MUST BE REMOVED OR THE 7 07/07/97 APPROPRIATE PERMITS OBTAINED. 8 07/07/97 JULIE CHESTER, ZONING I;,OMPLIANCE OFFICER S Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added D.K. WIWDe. COLORADO Thomas E. Hellerich, Esq. 1812 56th Avenue Greeley, CO 80634 Facsimile - 330-2969 Dear Tom: WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 356-4000, EXT. 4391 FAX: (970) 352-0242 915 TENTH STREET P.O. BOX 1948 GREELEY, COLORADO 80632 July 7, 1997 RE: Richard and Elizabeth Wilson This letter will confirm our telephone conversation of this morning, July 7, 1997, regarding the zoning violation hearing set for July 8, 1997, for Richard and Elizabeth Wilson. We have agreed to have the Board of County Commissioners immediately refer the Wilson's Zoning Violation case (VI -9600316) to the Weld County Attorney's Office for prosecution. This agreement is based upon your letter of June 24, 1997, stating that you will be unavailable on July 8, 1997, due to a conflicting hearing in the Federal District Court in Denver. We have also agreed to schedule a meeting between myself, Julie Chester, and Todd Hodges from Weld County, and you and the Wilsons. Hopefully, our meeting can be scheduled for either this week or early next week. Enclosed is a copy of a letter received by my office at 2:43 p.m. this afternoon. It appears that as of that time you had not had the opportunity to communicate our agreement to the Wilsons. I assume that we will discuss the issues and arguments set forth in the Wilson's letter at our meeting. If this letter does not correctly state our agreement, please contact me immediately at (970) 356-4000, extension 4390. Thank you for your attention to this matter. BTB/db: Let/Hellerich Enclosure pc: Julie Chester Todd Hodges Si 1- Bruce T. parker Weld Co ty Attorney From: DALE PHARMACY 3. 72403 Poet4C Fax Note 7672 0 To: Oren From T/97 14:43 P. 001 To cfw/,.,- Ca'V" /4/11-nol / zo a.-.7 in1 TO.pkoef 970-3Sa-G-�/•ii Cane* y.• TvM*u G44, -/J... 6707 irr drOher 474 td, fn1 '.� 3o,i La 7C7 Da vaa* 492e,73-.. h �t.a57 �.� o/w.frng LLn< So, /ff7 C C : ?am AlGete-rei.< `AK ate I70 - 35° -,2S6 9 le.% -/J Go vn <,� Cem,s •�r•L. ..' 970 - 3s.2 - Qa da ,L. ht -%Piper. J.,.. Certified Mail is P 614 191 930 Julie chaster Zoning Compliance Officer Department of Planning Services 1400 North 17th Avenue Greeley, coloredo 80631 Dear M. Cheater: 7 July 1997 6707 WCR 19 Ft. Lupton, Colorado 80621 We have reviewed the letter you sent, dated June 30, 1997 and the accompanying letter dated January 28, 1997, which we had never seen before. At the end of January, we talked by phone and you told me that since we were submitting an application for an accessory dwelling, no violation letter would be forthcoming. We never received one. In reviewing the January 28 letter, which listed the sections of the Weld County Zoning Ordinance that we are alleged to be violating, we find these sections are not applicable to our situation. Section 31.2 supports our intended use as per the subsection 31.2.3 that references FARMING, RANCHING, AND GARDENING. Section 31.3 which discusses accessory uses in the A district, also supports our intended use. Section 31.3.3 supporta our intended use. Section 43 deals with mobile homes and accessory dwellings permitted in the A district and supports our intended use. We are in compliance with the subsections of Section 43 dealing with accessory farm use. We have asked the court to review the matter. Nothing in the above referenced Sections prohibits us from having a building still on transport iron. The building is not connected to any Services. We paid $150 to have the building inspected by your department. It was approved by your department to be brought into Weld County. We then purchased this building in good faith, following exactly the From: DALE PHARMACY 30385 03 To: 07/07/97 14:44 P. 002 same procedure we followed last year when ZPAD-67 was approved. Nothing in the Weld County zoning Ordinance has been changed. It has not been shown to us how we are at present violating any of the above referenced Sections of the Weld County Zoning Ordinance. In an effort to reach a resolution, our attorney requested that the July 8 date that you set be changed to a date when he could attend your scheduled meeting with the County Commissioners. We don't understand why you didn't reschedule this meeting. You recommended in your response to our attorney concerning the scheduled meeting that even if he, our legal counsel, could not be present, we and/or a representative should attend. Expecting us to proceed without benefit of our attorney's counsel violates our right to due process. Sincerely yours, ` .z.l X se.../ 'et-` r-4--- y? c ._- Richard L. and Elizabeth A. Wilson cc: Weld County Commissioners Lee Morrison, Attorney Tom Hellerich, Attorney From: DALE PHARMACY 3030577^03 post ( Fax Note 7672 To nnn, woof,f/A-I!ns—i / rnAr jt/1/d/ - F,!0970 3sa laimmon TSVh009 • 1'a 07,07/97 14:49 007. .,.. TYre aT�hY .+Usb. NadPapas i7 • i•- • From En = s -h4 -fl e.de/sra Danparo d.7a7 4.0m.C i9 Fax 0 D D4kg0,iutbn: /14,5,0.0...7 s e-. •,. .01c..34 r_. 004 -44m -of C C : %ate /1/41.7.04r, 0-06 fA+r a 1..%y1pvn L'irnrn-s-C' Certified Mail t: P 614 191 330 Julie Chester Zoning Compliance Officer Department oY: Planning services 1400 North 17th Avenue Greeley, Colorado $0631 Dear Ms. Chester; We have reviewed the letter you sent, dated June 30, 1997 and the accompanying letter dated January 28, 1997, which we had never seen before. At the end of January, we talked by phone and you told rte that since we were submitting an application for an accessory dwelling, no violation letter would be forthcoming. We never received one. n DeaVOy Para/ ceCMNo .9003 P,eMn 3o/ /If? 4700-330 -.an I q-Ja-,3s'.2-cal YZ e 7 O �caasof pinup 7 July 1997 6707. WCR 19 Ft. Lupton, Colorado 80621 .. ; Pianninri JUL 0 7 1997 In reviewing the January 28 letter, which listed the sections of the Weld County Zoning ordinance that we are alleged to be violating, we find these sections are not applicable to our situation. Section 31.2 supports our intended use as per the subsection 31.2.3 that references FARMING, RANCHING, AND GARDENING. Section 31.3 which discusses accessory uses in the A district, also supports our intended use. section 31.3.9 supports our intended use. Section 43 deals with mobile homes and accessory dwellings permitted in the A district and supports our intended use. We are in compliance with the subsections of Section 43 dealing with accessory farm use. We have asked the court to 07/07/97 13:55 TX/RX NO.7801 P.001 7 • [.-tlV1tlw L4 W tttd LGiss Nothing in the abc_♦ referenced sections prop its us from having a building still on transport iron. The building is not connected to any services. We paid $150 to have the building inspected by your department. It was approved by your department to be brought into Weld County. We then purchased this building in good faith, following exactly the 07/07/97 13:55 TX/RX NO.7801 P.001 • From: DALE PHARMACY 3038577"93 To: 07/07797 14:49 P. 002 same procedure we followed last year when ZPAD-67 was approved. Nothing in the Weld County Zoning Ordinance has been changed. It has not been shown to us how we are at present violating any of the above referenced Sections of the weld County Zoning Ordinance. In an effort to reach a resolution, our attorney requested that the July 8 date that you set be changed to a date when he could attend your scheduled meeting with the County Commissioners. We don't understand why you didn't reschedule this meeting. You recommended in your response to our attorney concerning the scheduled meeting that even if he, our legal counsel, could not be present, we and/or a representative should attend. Expecting us to proceed without benefit of our attorney's counsel violates our right to due process_ Sincerelyyours, "yilz...,.-/ ,R...+/ 4" 02--Car— Richard L. and Elizabeth A. Wilson cc: Weld County Commissioners Lee Morrison, Attorney Tom Hellerich, Attorney 07/07/97 13:55 TX/RX NO.7801 P.002 • Hello