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Home My WebLink About950051.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST KENNETH CARLSON, CAROLINE MCNAMARA, AND BARBARA HUNGENBERG FOR VIOLATIONS 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, Kenneth Carlson, Caroline McNamara, and Barbara Hungenberg, VI #2151, are allegedly in violation of the Weld County Zoning Ordinance, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 10th day of January, 1995, a public hearing was held before the Board of County Commissioners for the purpose of hearing any testimony relating to said violation, and WHEREAS, Kenneth Carlson and William Southard, Attorney representing Caroline McNamara and Barbara Hungenberg, were present at said hearing, and WHEREAS, at said hearing the Board of County Commissioners delayed referral of said violations to the Weld County Attorney's Office for a period of 90 days to allow the property owners adequate time to bring subject property into compliance, and WHEREAS, the Board deems it advisable to proceed with legal action against the above named individuals without further Board action if the subject property is not brought into compliance within 90 days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violations still exist on April 11, 1995, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Kenneth Carlson, Caroline McNamara, and Barbara Hungenberg to remedy the violations of the Weld County Zoning Ordinance, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 950051 PL0824 00, ft) CA ) Garber)) SG[Cthltrd VIOLATIONS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of January, A.D., 1995. ATTEST: Weld County Clerk to the Board BY: La", Deputy Clerk to the Board APPS TO FORM: ty Attorne BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CQLORADO Dale K. Hall, Chairman FXCt1SFn PATE OF SICNINC; Barba J. Kirkmeyer, Pro -Tern 2 (AYF) George GGeBaxter Constance L. Harbert W. H. Webster 950051 PL0824 DATE: January 4, 1995 VIOLATION NUMBER: VI -2151 rAtow- NAME: Kenneth Carlson Caroline McNamara Barbara Hungenberg ADDRESS: P.O. Box 141 2640 14th Av Ct 21470 WCR 35 Lucerne, CO 80646 Greeley, CO 80631 LaSalle, CO 80645 LEGAL DESCRIPTION: SW4/SW4 of Section 17, T6N. R66W, of the 6th P.M., Weld County, Colorado. CASE SUMMARY November I, 1994 Five day compliance encouragement letter issued. November 3, 1994 Conversation with property owner. November 14, 1994 Conversation with property owner. November 14, 1994 Memo to W.C.H.D. November 14, 1994 Violation letter issued. December 13, 1994 Conversation with property owner. December 28, 1994 Property inspected. Property still in violation. December 29, 1994 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. December 30, 1994 Conversation with property owner. The noncommercial junkyard is a violation of Section(s) 31.2 and 31.3.9 of the Weld County Zoning Ordinance. To correct the violation a screening plan would need to be submitted to the Planning Department for approval then installed around the noncommercial junkyard or the noncommercial junkyard would have to be removed from the property. The Department of Planning also recommends that the County Attorney Authorize legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 950051 WELD COUNTY DEPAPTMENT OF PLANNING SERVICES' CITI"' ' INQUIRY 1400 NOR 17TH AVENUE. GREELEY. COLORADO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 FORM • TELEPHONE NAME: ADDRESS: C OFFICE 1 FIRST INQUIRY? : YES ❑ NO DATE: / � PHONE u: TYPE OF INQUIRY ❑ MHZP ❑ ZPMH O RE o AMENDED RE C SE C AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL Cl CI CI O O I Li fl (1 O CJ SKETCH PLAN PRELIMINARY PLAN FINAL PLAT RESUBDIVISION FHDP CHOP USR AMENDED USR USR MINING USR MAJOR FACILITY USR DISPOSAL SITE O LI O 13 II El Li MINOR SUB SKETCH PLAN MINOR SUB FINAL PLAT ZONING ADDRESSING BUILDING PERMIT SETBACKS/OFFSETS HOME OCCUPATION VIOLATION ❑ OTHER 0 O Keith Schuett 0 Greg Thompson 0 Gloria Dunn 0 Todd Hodges O Sharon White Barry Kramer 0 Chuck Cunliffe ❑ DISCUSSED: 1 ' ITEMS .e 1J, ? L'.t .7.,.,/n-2 L) 11 , J.-<:-11 1Li 7713 AVAILABLE OPTIONS: .—. 1 x.2 a' —c -I CONCERNS: ACTION TO BE TAKEN: Time spent Staff Member's Initials 9500,51 Wi�Yc. COLORADO December 29, 1994 Kenneth Carlson P.O. Box 141 Lucerne, CO 80646 Caroline NcNamara 2640 14th Av Ct Greeley, Co 80631 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-45, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Barbara Hum_enberg 21470 WCR35 LaSalle Co, 80631 Subject : VI -2151 Zoning Violation on a parcel of land described as the SW4/SW4 of Section 17, T6N, R66W of the 6th P.M., Weld County Colorado. Dear : Mr. Carlson, Ms McNamara and Ms. Hungenberg As of December 28, 1994, the above property remains in violation of the Weld County Zoning Ordinance. I have scheduled a hearing with the Board of County Commissioners on Tuesday. January 10, 1995, at 1:30 p.m. to consider this Zoning Violation. The property will be reinspected on January 9, 1995, to determine compliance and if the uses on the property are not in compliance at the time of the inspection, then the Zoning Violation will be considered by the Board of County Commissioners at the hearing. If the property is in compliance then it will not be necessary for you to attend the hearing. This hearing 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 violation and uses on the property. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation, the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please call me. Respectfully, Barry)famer Building Inspection Technician 950051 INSPECTION REPORT NAME: Kenneth Carlson LEGAL DESCRIPTION OF PROPERTY: SW4/SW4 of section 17. T6N. R66W of the 6th P.M.. Weld Count?.. Colorado DATE: December 28, 1994 CASE NUMBER: VI -2151 The property was reinspected to determine compliance with section 31.2 and 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. The recreational vehicle being used as a residence has been removed however there is still a noncommercial junkyard located on the property without proper screening and no screening plan has been submitted to the Planning Department for approval. To bring the property into compliance a screening plan would need submitted to the Planning Department for approval then installed around the noncommercial junkyard or the noncommercial junkyard would have to be removed . Building Inspection Technician 9500C1 WELD COUNTY DEPAF--ENT OF PLANNING SERVICES' CITIZ' INQUIRY FORM 1400 NOR": 17TH AVENUE, GREELEY, COLORADO J0631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 C TELEPHONE NAME: k OFFICE ADDRESS: FIRST INQUIRY? : YES NO DATE: PHONE 0: /0 TYPE OF INQUIRY n ❑ 0 0 0 MHZP ZPMH RE AMENDED RE SE AMENDED SE SITE PLAN REVIEW REZONING PUD SKETCH PLAN PUD DISTRICT PUD FINAL PLAT PERSONNEL 0 D 000 U O 0 CIO SKETCH PLAN PRELIMINARY PLAN FINAL PLAT RESUBDIVISION FHDP GHDP USR AMENDED USR USR MINING USR MAJOR FACILITY USR DISPOSAL SITE O Keith Schuett ❑ Greg Thompson ❑ Sharon White ITEMS DISCUSSED: 2A A IQ f2 a -o /Ur _� Y ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING 0 BUILDING PERMIT • SETBACKS/OFFSETS ❑ HOME OCCUPATION VIOLATION ❑ OTHER 0 Gloria Dunn 0 Todd Hodges 'marry Kramer ❑ Chuck Cunliffe R.. () 1/1 Cry' AVAILABLE OPTIONS: � A � cT' CONCERNS: ACTION TO BE TAKEN: ye4,,,i 9 Time spent s2> Staff Member's Initials 950051 ,,,,la 154 ,,,,__,, ime COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (3O3 353.3045. ❑YT. 3::; 1.".= COUNTY A `1 N'STRAT;,'E OF.7.CEE 1-C" N. 17T'nN. :� _NL.E GREELEY, COLORADO 3O631 WELD COUNTY ZONING VIOLATION NOTICE Date: November 14, 1994 Violation Number: VI -2151 Name: Kenneth Carlson Address: P.O. Box 141 Lucerne, CO 80646 Legal Description : SW4 SW4 of Section 17, T6N, R66W of the 6th P.M.,Weld County, Colorado. The uses on the above described property are being considered as a zoning violation of Section 31.2., 31.2.16 and 31.3.9 of the Weld County Zoning Ordinance. A recreational vehicle being used as a permanent residence without the proper zoning permits and a noncommercial junkyard located on the property without proper screening from adjacent properties and public rights -of -way. To correct the violation the proper zoning permits for the trailer must be applied for, approved and all conditions met or the trailer cannot be used for a residence and the noncommercial junkyard would need to be screened or removed. A screening plan for the noncommercial junkyard would need to be submitted to the Planning Department for approval prior to installation. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until December 14, 1994, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's office for legal action. Any information you have that may help to resolve this matter will be helpful. This office is ready to be of any assistance in clarifying or answering questions conceming this matter. Please call or write the Department of Planning Services' office. Barry Kramer� Building Inspection Technician pc: Caroline McNamara 2640 14th Av Ct Greeley, CO 80631 Barbara Hungenberg 21470 WCR 35 LaSalle, CO 80631 950051 Wi�'Dc COLORADO MEMORANDUM TO: Trevor Jiricek W.C.H.D. November 14, 1994 From: Barry Kramer, Building Inspection Technician, ��, SUBJECT: Zoning Violation - Our office received a complaint of a recreational vehicle being used as a permit residence without the proper permits. The location is the SW4 SW4 of Section 17, T6N, R66W. The property is owned by Caroline E. McNamara ( 37% INT), Kenneth LaVerne Carlson (37% INT), and Barbara J. Hungenberg (26% INT )deed enclosed. Kenneth Carlson is currently living on the property. Please inspect the property and let me know if a violation is issued. A 30 day Zoning Violation has been issued from our department. 950051 WELD COUNTY DEPAP-"ENT OF PLANNING SERVICES' IT' c" INQUIRY 1400 N 17TH AVENUE, GREELEY, COLOR. ,0631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 ' /_ 0 TELEPHONE .0 OFFICE DATE: ' NAME: cvy\ ADDRESS: TYPE OF INQUIRY O ❑ C C 0 ❑ ❑ MHZP ZPMH RE AMENDED RE SE AMENDED SE SITE PLAN REVIEW REZONING PUD SKETCH PLAN PUD DISTRICT TED FINAL PLAT PERSONNEL ❑ Keith Schuett ❑ Sharon White ITEMS DISCUSSED: FIRST INQUIRY? l< YES : NC FORM -PHONE U: //i C SKETCH PLAN ❑ PRELIMINARY PLAN • FINAL PLAT ❑ RESUBDIVISION O FHDP C GHDP USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY O USR DISxOSAL SITE IA O Cl I1 O r1 MINOR SUB SKETCH PLAN MINOR SUB FINAL PLAT ZONING ADDRESSING BUILDING PERMIT SETBACKS/OFFSETS O HOME OCCUPATION VIOLATION C OTHER ❑ C Greg Thompson ❑ Gloria Dunn 0 Todd Hodges Barry Kramer 0 Chuck Cunliffe 0 4. ( .'.n --t' 12 . � �1 1 2./1-rni ,) '' /r , . 7- ,I. 44,7_1 , :, - 4 j ..O ter. .d e 1r+.� i� i . AS?: AVAILABLE OPTIONS: cuJ O /2/14.2,-0 CONCERNS: ACTION TO BE TAKEN: Time spent 7/ Staff Member's Initia 950051 WELD COUNTY DEP'Rm''NT OF PLANNING SERVICES' CIT ".E' INQUIRY FORM 1400 N 17TH AVENUE, GREELEY, COLOR. Jo31 PHONE: (:303) 353-6100 EXT. 3540 FAX: (303) 351-0978 C TELEPHONE C OFFICE NAME: ADDRESS: FIRST INQUIRY? YES i, / LA_ TYPE OF INQUIRY 0000 r)00 LI 000 MHZP ZPMH RE AMENDED RE SE AMENDED SE SITE PLAN REVIEW REZONING PUD SKETCH PLAN PUD DISTRICT PUD FINAL PLAT PERSONNEL ❑ Keith Schuett ❑ Sharon White ITEMS DISCUSSED: La C C u 0 SKETCH PLAN PRELIMINARY PLAN FINAL PLAT RESUBDIVISION FHDP GHDP USR AMENDED USR USR MINING USR-MAJOR FACILITY USR DISPOSAL SITE NO DATE: PHONE ll 3C3 c/ 7/7 ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT C ZONING ADDRESSING BUILDING PERMIT ❑ SETBACKS/OFFSETS C HOME OCCUPATION 'C_ VIOLATION ❑ OTHER ❑ Greg Thompson 0 Gloria Dunn ABarry Kramer 0 Chuck Cunliffe AJ 2' 1z r�� p�rr AVAILABLE OPTIONS: CL I ❑ Todd Hodges n u m CONCERNS: �r%�/CGttf.= � , ACTION TO BE TAKEN: ��t2a' -� C.'� � 4 Time spent Staff Member's Initials 950051 � a 4 WII'Dc. COLORADO DATE: November 1, 1994 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-45, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 NAME: Evelyn S. Carlson ADDRESS: 2640 14th Avenue Court Greeley, CO 80631 SUBJECT: C-94-171 Property located in the SW4 SW4 of Section 17, T6N, R66W, of the 6th P.M., Weld County, Colorado. Dear: Ms. Carlson It has come to the attention of the Department of Planning Services' staff that the uses on your property may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is a recreational vehicle being used as temporary our overnight housing without the proper zoning permits. Please call me within five working days of the date of this letter to review the concern with me. Sincerely, Barry Kramer Building Inspection Technician 950051 4R2057441 B 1116 REC 02057441 06/1'/86 10:30 $6.00 1/002 F 1209 MARY ANN FEO£RSTEIN CLERK 6 RECORDER WELD CO, CO DEED CF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED is made by EVELYN S. CARLSON, as Personal Representative of the Estate of Sigurd Carlson, Deceased, Grantor, to EVELYN S. CARLSON, for life, with the remainder at the time of her death to CAROLINE E. NcNAMARA as to an undivided thirty-seven percent (37%), KENNETH LaVERNE CARLSON as to an undivided thirty-seven percent (37%) and BARBARA J. HUNGENBERG as to an undivided twenty-six percent (25%), Grantees, hose address is 1137 25th Avenue, Greeley, Colorado 80631. WHEREAS, the above -named decedent in his lifetime made and executed his Last Will and Testament dated December 9, 1977, which Will was duly t and for d to the County a ofPWeldt andn State Augus of 7, 1985, by the Colorado, Probate tstrict No. 85CPRrt in 202; and WHEREAS, Grantor was duly appointed Personal Representative of said. Estate on August 7, 1985, and is now qualified and acting in said capacity; and WHEREAS, Paragraph II. of the Last Will and Testament of the decedent provides in part as follows: "II. A. I give and devise to my wife, Evelyn S. Carlson, if she survives me, a Life Estate in and to allofthe real estate and water rights of which I may die seized and possessed, for and during her natural life, with remainder over at the time of her death to my two children, Caroline E. McNamara and Kenneth LaVerne Carlson, and to my step- daughter and mutually )edged child, terests:J. Hungenberg, inthefollowing fractionalin Caroline E. McNamara - thirty-seven percent (37%), Kenneth LaVerne Carlson - thirty-seven percent (37%), Barbara J. Hungenberg - twenty-six percent (26%); and if any of said children be not living at the time of the death of my wife, then I give and devise such remainder over to the survivor or survivors of said children; provided, however, if any of said children should die prior to the death of my wife, Evelyn S. Carlson, leaving a child or children surviving my said wife, such child or children (my grandchildren) shall take collectively, in equal shares, the portion of said remainder derrhis, her their parent would have taken if living, per Pisand not per capita. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by CRS 15-1-803 and 15-12-907 of the Colorado Probate Code, Grantor sells, conveys, assigns, transfers and releases to Gasin the Cinnth, proportions set forth above,the following real property in Weld An undivided one-half (1/2) interest in and tot The Southeast Quarter (SE1/4) of Section Eighteen (18), in Township Six (6) North, Ranks Sixty-six (68) West of the 6th P.M., together with four (4) shares of stock in the Larimer and Weld Irrigation Company and two (2) shares of 0500 Si B 1116 REC 02057441 06/17/86 10:30 $6.00 2/002 F 1210 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO stock of the -Windsor Reservoir and Canal Company and one (1) share of stock of the Roullard Laeraln Cotiany and anyrand. any and all water and water rights app The Southwest Quarter (S'W1/4) of the Southwest Quarter CS'Wl/4) of Section Seventeen (17), and a parcel of land in the West Half (W1/2) of the Northwest Quarter (NWT1/+) of Section Twenty (20), more particularly described as follows: Beginning at a point common -oN the het corhe ners rs ) of Sections Seventeen (17), Eighteen (18), Nin e eix(19six Twenty (20), in Township Six (6) North, g (66) West of the 6th P.M.; Thence South 01°00'OC" West 2656.5 feet; thence South 89°50'00" East 636.7 feet; thence North 19°56'00" West 628 feet; thence North 15° 57'00" West 724.2 feet; thence North 48°17'00" East 592.5 feet; thence North 48°17'00" East 285.7 feet; thence North 08°25'00" West 793 feet; thence South 89°SG' OO" West being 721.2 feet to the place of beginning; Northwest Quarter (NW1/4) of said Section Twenty (20) lying North and West of the New Cache La Poudre Irrigation Company Canal, all in Township Six (6) North, Range Sixty- six (66) West of the 6th P.H., together with an allotment of 300 acre feet of water from Northern Colorado Water Conservancy District with all appurtenances. Executed this /3 ? -t4.- day of Q A.D. 1986. Ci 21 `.2Arn velyn arlson, as Personal Representative of the Estate of Sigurd Carlson, Deceased STATE OF COLORADO ) COUNTY OF WELD The foregoing instrument was acknled.before meforeome tas his seraon 1 day of , 1986, by Evelyn Representative o t a state of Sigurd Carlson, Deceased. WITNESS my hand and official seal. /9X7 • My Commission expires _,-•�- Hello