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Home My WebLink About952431.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST LYNNE AND PERCY GERDE FOR VIOLATION OF THE WELD COUNTY ZONING ORDINANCE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Lynne and Percy Gerde, VI #2241, 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 12th day of December, 1995, a public hearing was held before the Board • of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Lynne and Percy Gerde were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS,the Board of County Commissioners deems it advisable to delay referral of said violation to the Weld County Attorney's Office until February 1, 1996, to allow adequate time for the property owners to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff, 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 by February 1, 1996. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on February 1, 1996, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Lynne and Percy Gerde to remedy the violation of the Weld County Zoning Ordinance, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 952431 PL0824 �'C� %'G j ed-7 5 G-e ret_ VIOLATIONS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of December, A.D., 1995. BOARD OF COUNTY COMMISSIONERS --,,,,, I LD COUNTY, C• • . . eO c''' 4 A1.314-:\k.-i ilehes Of \r " ' Dal Hall, Chairman WeldPOUnty Clerk to the Board �L �� N n arbara J. Kirkmeyer, P o-Tem� Deputy Clerk the Board FXCI ISFn Geor e E. Baxter APPROV AS TO FORM: wiee leet % Constance L. Harb,grt • o m r y Attorn j _ / / ,% ,L ) �-- I W.IT e st 952431 PL0824 DATE: December 7, 1995 VIOLATION NUMBER: VI-2241 NAME: Lynne and Percy Gerde ADDRESS: 1903 Pikes Peak Street Erie, Co. 80516 LEGAL DESCRIPTION: Lot 8, Block 4, Carmacar, Weld County, Colorado CASE SUMMARY: September 12, 1995 Complaint made and assigned to Susan McMullen. September 21, 1995 Property inspected. Property is in violation. September 29, 1995 Five-Day compliance encouragement letter sent. October 10, 1995 Received letter requesting copy of the ordinance. Information mailed 10/11/95 October 12, 1995 Property Inspected. Property is in violation. October 16,. 1995 Zoning Violation notice sent. November 19,1995 Property inspected. Property is in violation. November 27, 1995 Property inspected. Property is in violation. November 27, 1995 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The kennel without a permit is a violation of Section(s) 31.2 and 31.4.8 of the Weld County Zoning Ordinance. To correct the violation the number of dogs must be reduced or a "Use by Special Review Permit" must be submitted the Department of Planning Services and approved by the Board of County Commissioners.. The Department of Planning Services also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any person claiming an interest in the properties, and any persons acting in active concert with the identified parties. 952431 - - . X 'rd * v y4 x.i-e'ase`.: tot + <� a Y ( ' ' e r 1, s ' t yTd .... n ,. iF r r• ?'*Sy o pp '`�/ f i1vt: a a7,.5.4 of 61,9'YrY• ` gtP.+/" - c_ � ..x' T`¢, r'« a%' . r . ` i -3 , `-_s i rA y°. Yg. ,tYI' . > it'? ft-. .i.i a . 'f AR?197919 — B 1249 REC 0219-914 11/20/89 15139 45.00 1/001 T +. tf' r t : : 'o F 0922 NARY ANN PEUERSTEIN CLERK 4 RECORDER WELD CO, CO �` +.` s WARRANTY DEED ) K- :--Act. TII1S DEED. Made this 15th d.. of November «v n .��.�,� 19R9 between - { ,+[XL ,p�?a" CAROLYN SUE WESTIN and CHARLES A. N'ESTIN Sto to Documentary Fee F§ �, " S i • of the County of San Patrit to and State of TEXAS, grantor, [� t r'rtbs r`. _ and S i Oa. z ., t f »VT p 2"+ . PERCY D. GERDE and LYNN A. GERDE +a t whose legal add-as is 1903 lilkPEAK STREET, i16* "7;,d. r. ERIE, COLORADO 80516 i' _rN of the County of WELD and State of COLORADO, grantees: if ` WITNESS, that the grantor, for and In consideration of the sum of ONE HUNDRED NINE THOUSAND �Tres�N.s e'y :Er• �- AND 00/100t►s DOLLARS, (S109,000.00), the receipt and sufficiency of which Is hereby eeknowledged, has lfl' r bc.;v r f granted, bargained, sold and conveyed, and by these presents lots grant, bargain, sell, convey and confirm unto r t .`fri ill, " the grantees, their heirs and assigns forever, not In tenancy In common bit In Joint tenancy, all the sal „? Y,r ;i�� J property, together with improvements, If any, situate, lying and being in the County of WELD, and State of _ a� x Ij. Colorado, described as follows: rP+ i U jLOT 8, e°"?v' �c// 'LOCK 4, C r°,11 `OS CARMACAR RANCH£ITES, „ ,S '�' COUNTY OF WEIR. lt.v.Y" V-. ,,, STATE OF COLORADO. �•Iv09 7tivi l_& A•* Y aC r r s • R^^ , also known by street and number as 1903 PIKES PEAK STREET, ERIE, COLORADO SOSId � u�F'.. v` TOGETIfER with all and singular the tnndisrrcnts and appurtenances thereunto belonging, or in anywise .s i'z ' t, appertaining and the mvenion and revenioru, remainder and remainders, rents, issues and profits thereof, and all �,q ya` the estate, right, tits, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and ;armi -te, to the above bargained premises, with the hereditaments and appurtenances. :);hf }.xlfYt FCC TO HAVE AND TO 1101D the said premises above bargained and described, with the appurtenances, unto . t 1 �,: sr 9 the grantees, their heirs and asigns forever. And the grantor, for himself, his heirs and personal representatives, .g. does covenant, grant, bargain and agree to and with the grantees, their heirs and aligns, that at the time of the ; .F caseating and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, :'rd, rr VfD F:t, a 0.„ perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and . ,x " .?4,:f>t'5 t'j P lawful authority togrant, bargain, Q.. b^".1 ^r'y sell and convey the same in manner and form aforesaid, and that the same are t f e ri ta, free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and :y �; restrictions of whatever kind or nature soever, except for taxes for the current year, a Hen bat not yet dee or *IT 'payable,easements, rec ents, restriction, reservations, covenants end rights-of-way of ord, If any, . v' f. 'i' xer�t jC4 ,,, ; :,sue4'' . The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the cti 'I ` quiet and peaceable possession of the grantor, their heirs and assigns, against all and every person or a a ` dPi < penes lawfully claiming the whole or any part thereof. a 4. The singular numlaer shall include the plural, the ,Aural the singular, and the use of any gender shall be -;;Ii- el. � �-y apq}rable to all genders. 1 r». a 3 1IN WITNESS WHEREOF the grantor executed this deed on the data set forth above. i"s �t ,ys ... .PLv.Grl,/�c a / uJv�; '�kt . rit r '—,1 e�, aa. hflLa s'i-fact ^;^1. p r r,-, a CAROLYN SUE WESTIN y Charles A. Martin •:v y=> p s rr 9 es her et teensy-Sn-tec .b.../VI ' ^., i/ rr �-�' ,,fy�'' I OIARLES A. W TINI .+•zt `t#�1' `r 4 rt STATE OF co.'.,C 9` I =- ,r,7a gtv A,:. t CONTY OP BOULDER I I 9 F i'ti _.t r,w y sr. tt #ta'1^ The foregoing instrument was aeknowle ed before me this 10th day of November 1989 by ,.tic+at,i ,`° s - 1/411/�INN/NVE/yW�,1111/eAd/CIIARLES A. WESTIN AND CHARLES A. WESTIN AS ATTORNEY-IN-FACT #�. +A,_ FOR CAROLYN SUE WESTIN. F1tr.,t u ''d.I fir. My commission expires: 3/21/911' Witness my Wet / official sal. �' .9a.r iq:�1.412.`�� / ,y %.... a Alt»'• a Meares NW c°i( t+ • (✓ St glrlfl9/11E 95 ,.,{3 el w W.ty .' h. qu.a,..341 WaaMaNTY[Rill e,by Tor.: __ •. DEPARTMENT OF PLANNING SERVICES PHONE (303)353-6100,EXT.3540 FAX (303)352-6312 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY,COLORADO 80631 COLORADO November 27, 1995 Lynne Gerde 1903 Pikes Peak Erie, CO. 80516 Subject : VI-2241 Legal Description: Lot 8, Block 4, Carmacar, Weld County, Colorado Dear Lynne Gerde, 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 December 12, 1995 at 10:00 a.m. to consider the Zoning Violation occurring on your property. 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 violation. 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 reinspected December 11, 1995. If you have any questions concerning this matter, please call me. Sincerely, f7A `Susan McMullen Zoning Inspector pc: VI-2241 952431 40447:3 wine Inspection Report COLORADO NAME: Lynne Gerde LEGAL DESCRIPTION OF PROPERTY: Lot 8, Block 4, Carmacar, Weld County, Colorado DATE OF INSPECTION: November 27, 1995 CASE NUMBER: VI-2241 The property was inspected to determine compliance with section 31.2 and 31.4.8 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is a kennel without a permit located on the property. It consist of six dogs. I did talk to the property owner Lynne Gerde about the kennel. She said that her daughter who owns two of the dogs was in a serious traffic accident on November 18, 1995. She did say that she did not know when her daughter would be released from the hospital, and was not able to give me a time-frame for reducing the number of dogs on the property. C Susan McMullen Zoning Inspector -pc: VI-2241 952431 Inspection Report COLORADO NAME: Lynne Gerde LEGAL DESCRIPTION OF PROPERTY: Lot 8, Block 4, Carmacar, Weld County, Colorado DATE OF INSPECTION: October 19, 1995 CASE NUMBER: VI-2241 The property was inspected to determine compliance with section 31.2, 31.4.8 of the Weld County Zoning Ordinance. The property is not in compliance at this time. The property still has a kennel located on it. I did talk to property'owner. She did say that four of the dogs are hers and two of the dogs belong to her daughter. She also told me that she expects her daughter to be moving out and taking the dogs with her some time in the future. The property has been brought into compliance concerning the number of animal units. The horses have been removed from the property. Susan McMullen Zoning Inspection pc: VI-2241 952E131 rt DEPARTMENT OF PLANNING SERVICES -PHONE (303)353-6100,EXT.3540 C. FAX (I0E 352-6 ES WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE COLORADO GREELEY,COLORADO 80631 WELD COUNTY ZONING VIOLATION NOTICE October 16, 1995 Violation Number : VI-2241 Percy D. and Lynne Gerde 1903 Pikes Peak Erie,Colorado 80516 Legal Description : Lot 8,Block 4, Carmacar, Weld County,Colorado The uses on the above described property are being considered as a zoning violation of Section 31.2, 31.4.8, 31.5.4 of the Weld County Zoning Ordinance.The number of animal units on the property and a kennel are not a uses allowed by right in the Agricultural zone district. The violations can be corrected by removing the kennel and reducing the number of animals units to four. The other option that would bring the property into compliance is to apply for and obtain a "Use by Special Review Permit" The "Use by Special Review" application packet can be obtained from the Department of Planning Services. 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 30(Thirty) days from October 16, 1995 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 iaf any assistance in clarifying or answering questions concerning this matter.Please call or write the Department of Planning Services' office. _Sincerely Susan McMullen Zoning Inspector pc:VI-2241 S52431 � a ' Inspection Report "lige COLORADO NAME: Percy D. and Lynne Gerde LEGAL DESCRIPTION OF PROPERTY: Lot 8, Block 4,Carmacar, Weld County, Colorado DATE OF INSPECTION: October 12, 1995 CASE NUMBER: VI-2241 The property was inspected to determine compliance with section 31.2, 31.4.8, 31.3.4 of the Weld County Zoning Ordinance. The property is not in compliance at this time.There are still -eight horses and at least two ostriches located on the property. The number of animals exceeds -the number of animal units allowed by right in the Agricultural Zone. There is also a kennel located on the property. Since my last inspection a fence has been erected in front of the kennel so that it can not be seen from the road right of way. In order to bring the property into compliance the kennel needs to be removed and the number of animal units needs to be reduced to four. The property owner told me that the horses belong to a neighbor not her daughter as was previously stated. She said that the horses were brought to her property to be weaned, and that they would be returned to their owners in the next couple weeks. The other option that will bring the property into compliance is to apply for and obtain a "Use by Special Review"permit. The "Use by Special Review" permit application can be obtained from the Department of Planning Services. 1E //L c9 SUSan McMullen -Zoning Inspector pc:VI 2241 952A21 October 11, 1995 Dear Lynne Gerde Enclosed is the information that you requested concerning the Zoning Ordinances. If you need anymore information please call me. If you want to apply for a "Use by Special Review Permit" please call the Department of Planning Services and speak to a "Current Planner" they can give you specific details on the "Use by Special Review" process. Susan McMullen Zoning Inspector pc: C-95-121 rz,> a tct,1n/ �r / t er.. a . VC e y/ ^ J 62., 1 r'ft. 61'1(1 10i06 r OCT 1 0 1995 _ U L . . v V Y 952431 1 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-6100,EXT.3540 FAX (303)352-6312 O WELD COUNTY ADMINISTRATIVE OFFICES • 1400 N. 17TH AVENUE COLORADO GREELEY,COLORADO 80631 September 29, 1995 Percy D. and Lynne Gerde 1903 Pikes Peak Street Erie, Colorado, 80516 Subject: C-95-121 Located on property described as Lot 8, Block 4, Carmacar, Weld County, Colorado Dear Percy D. and Lynne Gerde: It has come to the attention of the Department of Planning Services' staff that the uses on your property (1903 Pikes Peak Street) may not be in compliance with the Weld County Zoning Ordinance, Sections 31.2, 31.4.8, 31.5.4. The noncompliance with the zoning ordinance is 1) exceeding the animal units allowed for the Zoning District and 2) a kennel without a permit in an Agricultural Zone . To bring your property into compliance the number of dogs needs to be reduced to four, or a kennel permit needs to be applied for. The kennel permit can be applied for by doing a "Use by Special Review". The " Use by Special Review" application can be obtained from the Department of Planning Services. To bring the animal units into compliance for your 1.11 acre property the number of animal units needs to be reduced to 4 animal units. You may also apply for a "Use by Special Review Permit" concerning your animal units. Please call me within five working days of the date of this letter to review the concerns with me. Sincerely, Susan McMullen PfrA 1 Zoning Inspector PCP }'� PI- RIP C-95-121 SERVICE,TEAMWORK,INTEGRITY,QUALITY 952•011V1:11 co. Inspection Report COLORADO NAME: Percy D. and Lynne Gerde LEGAL DESCRIPTION OF PROPERTY: Lot 8, Block 4, Carmacar Ranchettes, Weld County, Colorado DATE OF INSPECTION: September 21, 1995 CASE NUMBER: C-95-121 The property was inspected to determine compliance with sections 31.2, 31.4.8 and 31.5.4 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is a kennel located on the property. I did observe at least 5 dogs during my inspection. The animal units are also over the 4 acre limit. The property is 1.11 acre. I observed 8 horses and 1 ostrich during my inspection I did talk to a neighbor who indicated that there were more dogs and more ostrich then could be observed at the time of my inspection. The animals were in their shelters flue to the cold and wet weather I did talk to the property owner, she indicated that she did not know how many animals where on the property. She did say that the horses were her daughters and that they had only recently been moved onto the property. The number of animals needs to be reduced to come into compliance with the zoning ordinance or "USA's" need to be applied for the kennel and the number of animal units. c< `k/ram Susan McMullen Zoning Inspector pc: C-95-121 S524_ . F : R Y- : 199-5 PIN : 5681786 PARC: 146705401007 LAST UPDATE : 01/19/19-95 GERDE TERCY D & LYNNE A ACTIVE ON: 09/16/1986 _INACTIVE ON: / / MAP# : 1432 1903 PIKES PEAK ST ERIE CO 80516 TAX AREA 1303 .D82807 1994 'ATE LAST ASSESS 04/21/1995 'AST ASSESS LAND 2910 'AST ASSESS BLDGS 18270 TOTAL LAST ASSESS 21180 1112 2880 PRIOR YEAR ASSESS 15260 TOT LAND 2880 REC DT 11/20/1989 DEED T-P WD JT NUMBER 1249 02197914 WOL N 'OC FEE 10 . 90 1212 18030 CR4-8 18 BLK4 CARMACAR RANCHETTES TOT BLDGS 18030 %1903 PIKES PEAK ST% TOTAL VALUE 20910 PF3 : PROFILE PFS :LEGALS PF7 :NEXT PARCEL PF11 :MENU PF4 : OWNERS PF6 :DOC HIST PF10 :PLOC PF12 :REAL MESSAGE: /,// 4cr-CS • A0rS -9 S der 95.,,q-. irkiHt/‘ DEPARTMENT OF PLANNING SERVICES wi lge COMPLAINT REPORT COLORADO @C6NING COMPLAINT C-ompiaint Ini�U ted by: ❑BUILDING CODE COMPLAINT o Staff citizen _o Other LtGAL DESCRIPTION: r� 1' , ` . j_ VIOLATION ADDRESS: 'lD5 /{ 1 tQ5 5l • Parcel# ATTACH COPY OF DEED Property Owners Name: Linn ?Jar man Phone# Property Owners Address: Igo 2 hseRs o k- 5+ •Out y��lt �&-�r Tenants Name and Mailing Address: ' ^'11�^h p'` -eS • NATURE OF COMPLAINT: - I sn1�ntl1 un�-4s/)DhbYses- yun wtId a 111 • la . . / . b4x lchi / I a+ co$5 o n 1 acre_. Zoning Complaint Referred To: c.rh-dl r- Date: 0 4 sc2 g S Building-Code Complaint Referred To: Date: Case Assigned To: Date: ACTIONAF INVESTIGATOR: Date of Inspection: Inspection of property indicates: o-No violation of the Weld CountymZoning /nBuilding Code Ordinanc-e Referred to: on • o No violation of the Weld County_oZoning / o Building Code Ordinane / iViolations of the following Sections of the-penningle ., .r 'mut 14A °Building Code Ordinance ACTION ON COMPLAINT: _o No Action Taken/No Violation o/Violation File Started Date Date m1 )q45 CASE REVIEWED BY SUPERVISOR Date SUPERVISOR'S-COMMENTS NOTE: Attach all pertinent information and facts-disclosed by investigation to this form. 952431 Hello