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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 Hello