HomeMy WebLinkAbout952334.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST JAMES AND MISTY HOVE 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, James and Misty Hove, VI#2224, 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 14th day of November, 1995, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, James and Misty Hove, property owners, 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 for a period of one week 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
within one week.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that if said violation still exists on November 21, 1995, the Weld County Attorney
be, and hereby is, authorized to proceed with legal action against James and Misty Hove 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.
952334
PL0824
C; /9z rf;fie ue
VI #2224 - HOVE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of November, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
=; ELD COUNTY,
. ' ;4".1„ & Ailla444
ft. \* Dale Hall, Chairman
�'< W ►�kir�Clerk to the Board ;� .
.Y 71/4 .9 -18/L4_ Ici,/ 1-4 L
Btt
arbary J. Kirkmeyer,fro-Tem
eputy Clerk the Board /Li- T ( . d/j 2•,
'George Baxter
APPROVED AS TO FORM:at/
Co stance L.Ha b _e J`a, '
ert
_ !rnty Attorney f / �, Si
W. We.ster
952334
PL0824
'ilk Inspection Report
COLORADO
NAME: James and Misty Hove
LEGAL DESCRIPTION OF PROPERTY: Lot 6, Block 33, 2nd Aristocrat Ranchettes, Weld
County, Colorado
DATE OF INSPECTION: November 13, 1995
CASE NUMBER: VI-2224
The property was inspected to determine compliance with section 31.2 and 31.5.4 of the Weld
County Zoning Ordinance. The property is not in compliance at this time. There are four horses
and one goat located on the property. The number animal units is 4.1 per acre. The property can
be brought into compliance by removing one of the animals. Since the last inspection two horses
have been removed from the property and one goat has been brought onto the property.
Susan McMullen
Zoning Inspector
pc: VI-2224
S5na4
DATE: November 8, 1995
VIOLATION NUMBER: VI-2224
NAME: James and Misty Hove
ADDRESS:15463 Higgins Avenue
Fort Lupton, Co. 80621
LEGAL DESCRIPTION: Lot 6, Block 33, 2nd Aristocrat Ranchettes, Weld County, Colorado
CASE SUMMARY:
July 25, 1995 Complaint made and assigned to Julie Chester.
July 27, 1995 Property inspected. Property is in violation.
July 27, 1995 Telephone conversation between Julie Chester and James Hove.
They discussed applying for a Use by Special Review Permit regarding
the kennel.
July 28, 1995 Five-Day compliance encouragement letter sent. USR Application packet
mailed
August 14, 1995 Property inspected. Property is in violation.
August 22, 1995 Zoning Violation notice sent.
October 12,1995 Property inspected. Property is in violation. Mobile home burned down
since last inspection.
October 26, 1995 Property Inspected. Property is in violation.
October 27, 1995 Called and tried to confirm current mailing address.
October 27, 1995 Letter sent to property owner indicating that the-violation case was
scheduled before the Board of County Commissioners.
November 1, 1995 Called and tried to confirm current mailing address.
The number of animal units is a violation of Section(s) 31.2 and 31.5.4 of the Weld County
Zoning Ordinance. To correct the violation the number of animal units has to be reduced to
four.
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.
952334
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
CITIZEN INQUIRY FORM
1400 N. 17TH AVENUE, GREELEY, CO 80631
PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312
TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: Hip QS
NAME: I?'>$ Fyv—
PHONE: 3° 3 - c-s 2_ D !a O
ADDRESS:
TYPE OF INQUIRY:
❑ MHZP ❑ SKETCH PLAN ❑ MINOR SUB SKETCH PLAN
❑ ZPMH ❑ PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT
❑ RE ❑ FINAL PLAT ❑ ZONING
❑ AMENDED RE ❑ RESUBDIVISION ❑ ADDRESSING
❑ SE ❑ FHDP ❑ BUILDING PERMIT
❑ AMENDED SE ❑ GHDP ❑ SETBACKS/OFFSETS
❑ SITE PLAN REVIEW ❑ USR ❑ HOME OCCUPATION
❑ REZONING ❑ AMENDED USR ❑ VIOLATION
❑ PUD SKETCH PLAN ❑ USR MINING ❑ OTHER
❑ PUD DISTRICT ❑ USR MAJOR FACILITY ❑
❑ PUD FINAL PLAT ❑ USR DISPOSAL SITE ❑
PERSONNEL
❑ Keith Schuett ❑ Shani Eastin ❑ Gloria Dunn ❑ Todd Hodges
❑ Chris Goranson ❑ Susan McMullen ❑ Ed Stoner ❑ Roger Vigil
❑ Ken Schlueter ❑ ❑ � ❑
ITEMS DISCUSSED: %&/ CrJ / 211/ -- ' /) (tt7 %-.-rk
. '7 i7 4,-i4,44-o- . 4/p crnj pj,,r
Time Spent Staff Members Initials /yy?
citizen
952334
aillit:146
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-6100, EXT.3540
FAX (303)352-6312
C. WELD COUNTY ADMINISTRATIVE OFFICES
wfig1400 N. 17TH AVENUE
GREELEY,COLORADO 80631
COLORADO
October 27, 1995
James and Misty Hove
15463 Higgins Avenue
Fort Lupton, CO. 80621
Subject : VI- 2224
Legal Description: Lot 6, Block 33, 2nd Aristocrat Ranchettes, Weld County, Colorado
Dear James and Misty Hove,
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 November 14, 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 November 13, 1995.
If you have any questions concerning this matter, please call me.
Sincerely,
Susan McMullen
Zoning Inspector
pc: VI-2224
952334
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
CITIZEN INQUIRY FORM
1400 N. 17TH AVENUE, GREELEY, CO 80631
PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312
❑ TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: /b a?7'2
NAME:5„ PHONE: 30 3 - �S / 'c /o&CD
ADDRESS:
TYPE OF INQUIRY:
❑ MHZP ❑ SKETCH PLAN ❑ MINOR SUB SKETCH PLAN
❑ ZPMH ❑ PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT
❑ RE ❑ FINAL PLAT ❑ ZONING
❑ AMENDED RE 0 RESUBDIVISION ❑ ADDRESSING
❑ SE ❑ FHDP ❑ BUILDING PERMIT
❑ AMENDED SE ❑ GHDP ❑ SETBACKS/OFFSETS
❑ SITE PLAN REVIEW ❑ USR ❑ HOME OCCUPATION
❑ REZONING ❑ AMENDED USR ❑ VIOLATION
❑ PUD SKETCH PLAN ❑ USR MINING ❑ OTHER
❑ PUD DISTRICT ❑ USR MAJOR FACILITY ❑
❑ PUD FINAL PLAT ❑ USR DISPOSAL SITE ❑
PERSONNEL
❑ Keith Schuett ❑ Shani Eastin ❑ Gloria Dunn ❑ Todd Hodges
❑ Chris Goranson ❑ Susan McMullen ❑ Ed Stoner ❑ Roger Vigil
❑ Ken Schlueter ❑ L G❑ r,e / r"`❑� ,
ITEMS DISCUSSED: (G,2( J c ' ° / c `/ )m rJ d G ce- 2
9- 1 61.9erWn
(ch
•
Time Spent Staff Members Initials /h-
citizen
952334
Re ort
wi . Inspectionp
COLORADO
NAME: James and Misty Hove
LEGAL DESCRIPTION OF PROPERTY: Lot 6, Block 33, 2nd Filing, Aristocrat
Ranchettes, Weld County, Colorado
DATE OF INSPECTION: October 26, 1995
CASE NUMBER: VI-2224
The property was inspected to determine compliance with section 31.2 and 31.5.4 of the Weld
County Zoning Ordinance. The property is not in compliance at this time. There are still six
horses located on the property. The number of animal units allowed on the property is four. The
animals do not have access to any adjacent properties. The gate to Mr. Hoves grandmothers
property is closed. The number of animal unit needs to be reduced to four to bring the property
into compliance
Susan McMullen
Zoning Inspector
pc: VI-2224
952334
fetv;
Inspection Report
yule
COLORADO
NAME: James and Misty Hove
LEGAL DESCRIPTION OF PROPERTY: Lot 6, Block 33, 2nd Filing, Aristocrat
Ranchettes, Weld County, Colorado
DATE OF INSPECTION: October 12, 1995
CASE NUMBER: VI-2224
The property was inspected to determine compliance with section 31.2 and 31.5.4 of the Weld
County Zoning Ordinance. The property is not in compliance at this time. At the time of the
inspection there were six horses located on the property. The number of animal units allowed on
the property is four. I have talked to the property owner about the animal units in the past. The
owner, James Hove did tell me that he had plans to allow the animals access to his
grandmothers. During the inspection I did notice that the animal were fenced into Mr. Hove's
property and the gate leading to his grandmothers property was closed.
Susan McMullen
Zoning Inspector
pc: VI-2224
952334
Kik
DEPARTMENT OF PLANNING SERVIC
ES
PHONE (303)353-6100,EXT.3540
C1111k.
FAX (I0E FFIC S
WELD COUNTY ADMINISTRATIVE OFFICES
1400N. 17TH AVENUE
GREELEY,COLORADO 80631
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
August 22, 1995 Violation Number : VI-VI-2224
James L. and Misty D. Hove
15463 Higgins Avenue
Fort Lupton, Colorado 80621
Legal Description : Lot 6, Block 33, 2nd Aristocrat Ranchettes, Weld County, Colorado
The uses on the above described property are being considered as a zoning violation of Section 31.2 and
31.5.4 of the Weld County Zoning Ordinance.
This is not a use allowed by right in the Agricultural zone district. The animal units on the property
exceed the number permitted in the ordinance. The number of horses, burros, and mules allowed per acre
is four. The property has five animal units on it.
The violation can be corrected by reducing the number of animal units on the property.
It is the intention of this office to assist and cooperate with you without imposing undue hardships;
however,we have n • - ;^ this matter if you fail to correct this violation. You have 30 (Thirty)
days from August 2 ' cnnnre to do so will result in this office
scheduling the viol to consider whether to refer the
violation to the Co c&-vn2 S G r ,e
Any information) Lit 6 L.* be helpful. This office is ready to be
of any assistance i ris matter. Please call or write the
Department of Ph
Sincerely
?(:5 ?"3-- 7a/0) 0
Susan McMui,e
Zoning Inspects
pc: VI-2224 7 ILLJJJ
952334
' ' 'Ct section Report
wiik Inspection p
COLORADO
NAME: James L. and Misty D. Hove
LEGAL DESCRIPTION OF PROPERTY: Lot 6, Block 33, 2nd Aristocrat Ranchettes, Weld
County, Colorado
DATE OF INSPECTION: August 14, 1995
CASE NUMBER: VI-2224
The property was inspected to determine compliance with section 31.2, 31.3, 31.4.8 and 31.5.4 of
the Weld County Zoning Ordinance. The property is not in compliance at this time. The
property is still in violation of the number of animal units. There are three horses and two burro's
or mules on the property. The number of adult dogs on the property is in compliance with the
zoning ordinance, although there are several puppies under six months of age on the property.
tusan McMullen
Zoning Inspector
pc: VI-2224
952334
WELD CO NTs ASJESSO ATIUP_,_
SUBDIVISION LAND DETAIL
PIN NUMBER 5229386 APPRAISAL YEAR 1995 LAST UPDATE 910131
SUED 4D7007 ABST LAND TYPE M UNITS
.99
DESC ARISTOCRAT RANCHETTES TABLE COST PER UNIT 16500.00
DSRB 2 VALUE METHOD A
SIZE .000 TIME .000 LOC .000 OTHER . 000 COMPOSIT 1.000
EQUAL 1.000
LOT SIZE SQFT 43124 .00 MARKET VALUE 16335 .00
WIDTH . 00 BASE LAND VALUE 16335 .00
DEPTH . 00
IRREGULAR(Y/N) N TABLE COST PERCENT 1.000
AVERAGED (Y/N) N CONDO PERCENT 1.00000
REMARKS (Y/N) Y
TABLE TAP (Y/N) Y
WATER/SEWER TAP FEE . 00 BIA N TOTAL LAND VALUE 16335 .00
PF12 : MENU
PF8 : CONTINUE PF9 : RESTART
952334
WELD COUNT': 'AR .MEN ;>R L AN1.Nf, SERY i.-.FI f'ZEN INQUIRY FORM
1400 NORTH. 17TH AVENUE, GREELEY, COLORADO 80631
PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978
❑TELEPHONE 0 OFFICE FIRST INQUIRY? OES 0 NO DATE: 2- I
1 ( `
NAME: -� G{/VLI�.C7/�/C ) -AV.••!�+ PHONE a!: `��j 4 -Z- (ZO
ADDRESS: ) 5 `7 (O 2) ( q� Nn /aA-14S4
TYPE OF INQUIRY /v}
❑ MHZP 0 SKETCH PLAN 0 MINOR SUB SKETCH PLAN
❑ ZPMH 0 PRELIMINARY PLAN 0 MINOR SUB FINAL PLAT
O RE 0 FINAL PLAT 0 ZONING
O AMENDED RE 0 RESUBDIVISION 0 ADDRESSING
O SE 0 FHDP 0 BUILDING PERMIT
O AMENDED SE 0 GHDP 0 SETBACKS/OFFSETS
❑ SITE PLAN REVIEW 0 USR 0 HONE -OCCUPATION
O REZONING 0 AMENDED USR piVfbLATION
❑ PUD SKETCH PLAN 0 USR MINING 0 OTHER
O PUD DISTRICT 0 USR MAJOR FACILITY 0
❑ PUD FINAL PLAT 0 USR DISPOSAL SITE 0
PERSONNEL
O Keith Schuett 0 Greg Thompson 0 Gloria Dunn 0 Todd Hods
O Sharon White 0 Barry Kramer 0 Chuck Cunliffe � / r
ITEMS DISCUSSED: Qc60 — "A CiJ
a)AVAILABLE OPTIONS: c>C4 fiat elfl`)
ziina 5 )414 . e.--te_iiii , ,
CONCERNS:
ACTION TO BE TAKEN:
Q V "`
// - g G
lit S, Yerij"licat_44...ez �f !'d%!:� T� /f��
Time spent Staff Member's Initials
952334
‘Hise
(et
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
July 28, 1995
James L. and Misty D. Hove
15463 Higgins Avenue
Fort Lupton, CO 80621
Subject: C-95-87, Legal Description: Lot 6, Block 33, 2nd Aristocrat Ranchettes. Weld
County, Colorado
Dear Mr. and Mrs. Hove:
It has come to the attention of the Department of Planning Services' staff that the uses on your
property (15463 Higgins Avenue) may not be in compliance with the Weld County Zoning
Ordinance. The potential noncompliance with the zoning ordinance is too many dogs (8 or
more) located on the property. The complaint also stated that there were five horses and one
donkey, but at the time of inspection I saw three horses and one donkey. If this is the number of
horses on the property, the property would be in compliance, but this is a matter we will keep a
open for a while.
Please call me within five working days of the date of this letter to review the concerns with me.
Sincerely,
Julie Chester
Zoning Inspector
pc: C-95-87
SERVICE,TEAMWORK,INTEGRITY.QI IAI ITY
952334
Acti64. Inspection Report
Elkp
COLORADO
NAME: James L. and Misty D. Hove
LEGAL DESCRIPTION OF PROPERTY: Lot 6, Block 33, 2nd Aristocrat Ranchettes, Weld
County, Colorado
DATE OF INSPECTION: July 27, 1995
CASE NUMBER: C-95-87
The property was inspected to determine compliance with section 31.2, 31.3, 31.4.8 and 31.5.4 of
the Weld County Zoning Ordinance. The property is not in compliance at this time.
At the time of inspection I counted eight dogs located in a fenced area behind the home. The
complaint received stated that there were also five horses and a donkey, but at the time of
inspection I could only see three horses and a donkey. To bring the property into compliance,
four of the dogs would need to be removed from the property, as a maximum of four is allowed
without a kennel permit. A kennel permit could be applied for, but would have to be approved
by the Department of Planning Staff. The limit on the number of horses is four per acre. At this
time the number of horses is ok, but will be monitored in the future.
• 1 i
Julie Chester
Zoning Inspector
952334
‘efifDEPARTMENT_OF-PLANNING SERVICES
COMPLAINT REPORT
WUDc.
C?(
"
COLORADO
(yt-Rt
VZONING COMPLAINT Compla t Initiated by
a BUILDING CODE COMPLAINT ❑ Staff I izen ❑ Other
LEGAL DESCRIPTION: �y
VIOLATION ADDRESS: Ist/lc3 g 2R,!A4S / �1 L'° e
Parcel# ATTACH COPY OF DEED V
Property Owners Name V. Phone#
Property Owners Address:
Tenant's Name and Mailing Address.
•
NATURE OF COMPLAINT: '0 ) o im c - (C)LAY LA44_4
_C ,.Aearl . s A
Zoning Complaint Referred To:
Date: 1/OZS/ /S
Building Code Complaint Referred To. Date'.
Case Assigned To: Date.
ACTION OF INVESTIGATOR. Date of Inspection:
Inspection of property indicates:
❑ No violation of the Weld County o Zoning / ❑Building Code Ordinance
Referred to: on
❑ No violation of the Weld County o Zoning / o Building Code Ordinance
o Violations of the following Sections of the ❑Zoning
o Building Code Ordinance
ACTION ON COMPLAINT: ❑ No Action Taken/No Violation ❑ Violation File Started
Date
CASE REVIEWED BY SUPERVISOR Date
SUPERVISOR'S COMMENTS
NOTE: Attach all pertinent information and facts disclosed by investigation to this form.
952334
PARC TP : R PARCEL INQUIRY - SMC YR: 1995 AT=LN.,44.
PIN:' 5229386 PAR 130927301002 LAST UPDATE : 03/31/1995
HOVE JAMES L & MISTY D ACTIVE ON: 09/16/1986
INACTIVE ON: / /
MAP# :
15463 HIGGINS AV
FORT LUPTON CO 80621
TAX AREA 0820 . 074726 1994
DATE LAST ASSESS 04/21/1995
LAST ASSESS LAND 1720
LAST ASSESS BLDGS 2800
TOTAL LAST ASSESS 4520 1112 1690
PRIOR YEAR ASSESS 1660 TOT LAND 1690
REC DT 02/21/1995 DEED TP QCD JT
NUMBER 1480 02427154 WOL N
DOC FEE 0 . 00
1212 2770
2AR33-6 L6 BLK33 2ND ARISTOCRAT RANCHETTES TOT BLDGS 2770
%15463 HIGGINS% TOTAL VALUE 4460
PF3 : PROFILE PFS :LEGALS PF7 :NEXT PARCEL PF11 :MENU
PF4 : OWNERS PF6 :DOC HIST PF10 :PLOC PF12 :REAL
MESSAGE :
952334
WF't COUNTY ASSESSOR/:RYAS Rs
PROPE. I LOCATOR BY OWNER NAME
R 130927301002 5229386 ACTIV 09/16/1986 IAVNACTIV /ARISTOCRAT
/
HOVE JAMES L & MISTY D 15463 HIGGINS
R 130927301002 0000 01 5229486 ACTIV 09/16/1986 INACTIV 03/30/1995
HOVE JAMES L & MISTY D 2AR33-6 IMPS ONLY MH L6 BLK33 2ND ARISTOCRAT
SERIAL# 04590732L TITLE# 03M539581
R 130927301002 0000 01 5229486 ACTIV 09/16/1986 INACTIV 03/30/1995
HOVE JAMES L & MISTY D R 2AR33-6 IMPS OILYE#H 06MBLK33 2ND ARISTOCRAT
SERIAL# 04590732E / /
R 130927301002 5229386 ACTIV 09/16/1986 AV ARISTOCRAT
ARISTOCRAT
HOVE JAMES LYLE & MISTY D 15463 HIGGINS
R 105728110014 4438466 ACTIV 09/16/1986 ISTNACTIV / /
GILCREST
HOVE NICOLETTE R 907 VINE
R 105728110014 4438486 ACTIV 09/16/1986 ISTNACTIV / /
GILCREST
HOVE RODNEY D 907 VINE
PF1 :SELECT PF7 :BACK PFB : CONT PF9 : RESTART PF10 :PARC PF11 :REAL PF12 :MENU
MESSAGE :
952334
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