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Home My WebLink About20162283.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING REQUEST FOR INJUNCTION AGAINST MID PLAINS INVESTMENT, LLC, CIO RUSSELL RICHARDSON, FOR VIOLATION OF THE WELD COUNTY ZONING CODE - ZCV16-00020 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, Mid Plains Investment, LLC, do Russell Richardson, is allegedly in violation of the Weld County Zoning Code, specifically utilization of a camper/trailer-RV as a dwelling unit, firewood sales and a non-commercial junkyard which is not permitted, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 20th day of July, 2016, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Mid -Plains Investments, LLC, do Russel Richardson, were not present or represented at said hearing, although all parties were notified of said hearing by the Zoning Compliance staff, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, and the recommendation of staff from the Weld County Department of Planning Services, and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to refer the matter to the County Attorney's Office for immediate action and staff is directed to pursue court action in the most efficient and expedient process, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the case against Mid Plains Investments, LLC, do Russell Richardson, be, and hereby is, referred to the County Attorney's Office for immediate action and staff is directed to pursue court action through the most efficient and expedient process. CC Co..CrH), PL,(TP/13P) i5/oaa/IQ 2016 -2283 PL0824 VIOLATIONS - ZCV16-00071 - MID PLAINS INVESTMENTS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of July, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board APPf3O(/EDpF TC FORM: County Attorney Date of signature: .4 1,1140 1 Mike Freeman, Chair Sean P. Conway, Pro-Tem Juli; A. Cozad _driJ %j A Adak bara Kirkmeyer teve Moreno 2016 -2283 PL0824 DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 www. co. weld. ca us bpascoe@weldgov.com Phone: (970)353-6100 Ext 3555 Fax: (970) 304-6498 Zoning Violation Notification July 1,2016 MID PLAINS INVESTMENT LLC C/O RICHARDSON CONSOLIDATED INC PO Box 1313 GREELEY CO 80632 Zoning Violation Case: ZCV16-00071 Legal Description: KS -1 LOTS 1-2 KEEMC SUB Situs Address: 1401 E HWY 34 WELD CO 80631 Dear MID PLAINS INVESTMENT LLC: The uses on the above described property are being considered as a building code violation of Sections of the Weld County Code, Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article III(3), Division 3 Commercial Zone Districts 23-3-230 C-3 (Business Commercial) Zone District, 23-3-230.B Uses Allowed by Right. 23-3-230.8,1 Uses Allowed by Right in the C-1 Zane District. 23-3-230.B.2 Uses Allowed by Right in the C-2 Zone District. 23-3-230.C Accessory Uses. 23-3-230.D Uses by Special Review. To bring your property into compliance with the Weld County Code: As we have previously discussed, the utilization of a camper/trailer-RV as a dwelling unit is not an allowed use. Additionally, there have been loads of yard waste (tree limbs, grass, etc) that have been brought to the property and dumped. Furthermore, there are areas of tires, used lumber, trash, bicycles, television(s) and miscellaneous debris stored on the property. This site is not permitted as a dumping facility. All this debris shall be removed from the site. Commercial uses that are operating prior to obtaining the required Weld County Land Use permits are immediately scheduled for a Violation Hearing before the Board of County Commissioners. Your case is scheduled to be heard by the Board of County Commissioners on: 2016-2283 Wednesday, July 20, 2016 at 9:00 AM This hearing will be conducted in the County Commissioners Hearing Room of the Weld County Administration Building located at 1150 O St. Greeley, Colorado. Since the Board will determine how much time to grant, if any, to submit the necessary application(s), it is recommended you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Compliance records are now visible to the public through the Citizen Access portal through our web page. Please visit https://accela!acta.co.weid.co.ps/citizenaccess/ and go to the Enforcement tab. You can search by case number, address or parcel number. This program will show you copies of letters, pictures, etc. Feel free to call if you have any questions. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, CLM, Bethany Pascoe Zoning Compliance Officer pc: CA/ i 64)011/ i Th s map a Lser generated stat c cu;pu! From an nternet mapping ste anc .. f::r r efe'erce oily. Data lavers tiat appear or III s map may or flay not be accurate. iurrert. or otierwise rehab e THIS MAP IS NOT TO BE USED FOR NAVIGATION s. tw couwreEnter Map Title r7r::air A,swttl?dC, 285.9 WG5_T984_Web_Mercator Auxitiary_Sphere CO Weld County Colorado a t 4296 285.9 =eet This map is a user goner.3ted static oJtout from an t•i!_e«'et apoing site and is for 'c"c'crce only jata 'aye's :hat apes, on this nap may or may no: oe accurate .irre.ff., cr otherwise ro iabie. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Parcels — Highway County Boundary Notes Enter Map Description 7/15/2016 Property Report WELD COUNTY Property Report PROPERTY PORTAL Technical Support: (970) 304-6432 Account: R0122195 July 15, 2016 Account Information Account R0122195 Legal Parcel 096110308007 KS -5 L5 KEEMC SUB Subdivision KEEMC SUB Property Address 1401 E 34 HWY Space Account Block Type Tax Year Residential 2016 Lot 5 Property City Zip Buildings Actual Assessed Value Value Land Economic Area KEE MC SUB 55,830 4,440 Section Township Range 000000000 10 65 Owner(s) Account R0122195 Owner Name Address MID PLAINS INVESTMENT LLC PO BOX 1313 GREELEY, CO 806321313 Document History https://propertyreport.co.weld.co.us/?account=R 0122195 1/3 7/15/2016 Reception ! Rec Date 1980045 3657213 11-03-2009 09-25-1962 04-08-1985 12-30-2005 Type Grantor SUB SUBDIVISION COZ MCEACHRON HELEN J WELD COUNTY ZONING SPR SITE PLAN REVIEW WELD COZ COUNTY ZONING Property Report Grantee KEEMC MID PLAINS INVESTMENT LLC Case: Z-23 ZONING C-3 Doc Fee 0.00 Sale Date Sale Price 18.00 10-30-2009 180,000 0.00 SPR-55 0.00 Case: AG ZONING A 0.00 Building Information AccountNo Building ID R0122195 ID Type Multiple Unit Exterior Total Basement SF Frame Hardboard NBHD 6207 Square Condo Ft SF 864 Roof Cover Occupancy Building 1 Occupancy Apartment w/4-8 Units Apartment w/4-8 Units Corn plete 100 HVAC Drywall Central Air to Air Bedrooms Baths Rooms Unit Make Type Perimeter Units 2 2 Finished Garage Carport Balcony Porch Basement SF SF SF SF SF https://propertyreport.co.weld.co.us/?account=R 0122195 2/3 7/15/2016 Property Report ID Built As Details for Building 1 Built As Square Ft Year Built 1.00 Apartment <= 3 Stories 864 1972 ID Additional Details for Building 1 Detail Type Description Fixture Fixture Fixture Porch Bath 3 Sink Standard Water Heater Open Slab Units Stories Length 2 15 Width Valuation Information Type Improvement 1220 Totals Code Description MULTI -U N ITS(4-8)- IMPRVMTS 1120 MULTI-UNITS(4-8)- LAND Actual Value 47,401 8,429 55,830 Assessed Value 3,770 0.000 670 0.258 4,440 0.258 11,238 Copyright © 2016 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://property report.co.weld.co.us/?account=R0122195 3/3 eRecorded in Weld County, CO Doc Id: 3657213 11/03/2009 08:01 A Receipt#: 7439295 Page: 1 of 1 Total Fee: $24.00 Steve Moreno, Clerk and Recorder WARRANTY DEED This Deed, made October 30, 2009 Between Helen J. McEachron of the County Weld, State of COLORADO, grantor(s) and Mid Plains Investment LLC, a Tenant in Severalty whose legal address is E , Ifthz5t- CO County of Weld, and State of COLORADO, grantee. WITNESS, That the grantor, and in the consideration of the sum of ONE HUNDRED EIGHTY THOUSAND AND 00/100 DOLLARS 0180,000.00 1 the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO described as follows: Lots I, 2 and 5. KEEMC SUBDIVISION, County of Weld, State of Colorado also known by street and number as 1401 E. Highway 34 aka 1401 E. 18th St., Greeley, CO 80631 TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind of nature so ever, except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8.1 (Title Review) of the contract dated October 15, 2009, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this on the date set forth above. SELLER: Helen J. McEachron By Dan'eit D AMOR as Attorney in Pact STATE OF COLORADO COUNTY OF WELD isv The foregoing instrument was acknowledged, subscribed and sworn to before me October 30, 2009 by Helen J. McEachron. Witness my hand and WD -Warranty Deed o rAMID MID I. Faifrwatlher NOTARY PUBLIC STATE OF COLORADO My commission smiles 11/18/2011 tary Pu My Commission expi ESCROW NO. J59.H0258904-084-Alt HT@ 7/15/2016 Property Report WELD COUNTY Property Report PROPERTY PORTAL Technical Support: (970) 304-6432 Account: R3368486 July 15, 2016 Account Information Account Parcel Space R3368486 096110308002 KS -1 LOTS 1-2 KEEMC SUB Subdivision KEEMC SUB Property Address 1401 E 34 HWY Account Type Residential Tax Buildings Year 2016 2 Actual Assessed Value Value 146,050 11,630 Block Lot Land Economic Area KEE MC SUB Property City Zip WELD Section 000000000 10 Township Range 05 65 Owner(s) Account Owner Name Address R3368486 MID PLAINS INVESTMENT LLC 1401 E 18TH ST GREELEY, CO 806316200 Document History https://propertyreport.co.weld.co.us/?account=R 3368486 1/5 7/15/2016 Property Report Reception Rec Date Type Grantor 01980045 02094677 1980045 3657213 09-04-1984 04-06-1987 11-03-2009 09-25-1962 12-30-2005 PLT SUB SUBDIVISION KEEMC WD MCEACHRON HELEN J WELD COZ COUNTY ZONING WELD COZ COUNTY ZONING Grantee MID PLAINS INVESTMENT LLC Case: Z-23 ZONING C-3 Case: AG ZONING A Doc Fee 0.00 0.00 0.00 0.00 0.00 Sale Date 01-01-1900 03-09-1987 Sale Price 18.00 10-30-2009 180,000 Building Information AccountNo R3368486 ID Type Building ID NBHD Occupancy Residential 6207 ID Exterior ID Frame Masonry Veneer Square Condo Ft SF 1,268 Single Family Residential Roof Cover Total Basement SF 1,268 Building 1 Interior Plaster Occupancy Single Family Residential Complete 100 HVAC Forced Air Finished Basement SF 1,008 Bedrooms Baths Rooms Unit Type Perimeter Units Make Garage Carport Balcony Porch SF SF 0 0 SF SF 0 380 https://propertyreport.co.weld.co.us/?account=R 3368486 2/5 7/15/2016 Property Report Built As Details for Building 1 ID Built As Square Ft Year Built Stories Length Width Ranch 1 Story 1,268 1936 Additional Details for Building 1 ID Detail Type Description Add On Appliance Basement Basement Fixture Porch AccountNo R3368486 Units Fireplace/Gas Log Fair Allowance Bsmnt Conc 8 ft Finished Bath 3 Open Slab Wood Roof Allowance Building ID 2 ID Type NBHD Occupancy 2 Multiple Unit ID Exterior 2 Frame Stucco Roof Cover 1,008 Building 2 Occupancy Apartmentw/9 + Units Apartment w/9 + Units Interior HVAC Drywall Hot Water Baseboard Complete 100 190 Bedrooms Baths ! Rooms 14 Perimeter Units Unit Type 14 Make https://propertyreport.co.weld.co.us/?account=R3368486 3/5 7/15/2016 Property Report Improvement 1225 Total Basement SF Square Condo Ft SF 2 3,306 Built As Details for Building 2 Built As Finished Garage Basement SF SF Square Ft Year Built Stories 2.00 Apartment <= 3 Stories 3,306 1952 ID 2 2 2 2 2 Detail Type Description Carport Fixture Fixture Fixture Add On Wood Bath 3 Sink Standard Laundry Tray Shed Frame Additional Details for Building 2 Length Units 240 14 14 1,440 Porch SF Valuation Information Type Code Description SINGLE FAMILY Improvement 1212 RESIDENTIAL IMPROVEMENTS Land 1125 Totals MULTI-UNITS(9 +)- IMPRVMTS MULTI-UNITS(9 +)-LAND Actual Value Assessed Value 48,054 3,830 56,846 146,050 41,150 0.000 3,280 0.000 4,520 11,630 1.740 1.740 75,794 75,794 Copyright © 2016 Weld County, Colorado. All rights reserved. https://propertyreport.co.weld.co.us/?account=R3368486 4/5 Russell Richardson DBA: Mid Plains Investment BCV16-00020 ZCV16-0OO71 ELL) COUNTY Enter Map Title mart Oh LEN _ •L3.1'1'1 ``.tip_ T"s map is a aster gar7w ted static outer from an irtarrt %rapping she and Is ter ra larams matt Data I stars tat iffreif 6A tM Map rTIZV 8r may ra bit warmer rme ant, or trite ra tic lit MAP C NOT TO BE USED FOR raw GATtOfi L' ' 1' J %ta E'I' CouNTY Enter Map Title This map t a Lisle 9arar area naiic outp t fr&n ark, k raidtmappivitleand k tor ralarenta Cs= la*r rtkrappoaront1'$uroc'raw firmay nor Wawa. ant oraidsrewisrnti TAIS MAP rim TO PE USED FOR MMIIGA11ON Hotel Building southwest facing (Hwy 34) Detached Home west facing (corner of 18th Street and Hwy 34) Detached Home south facing ( Hwy 34) BCV11-00084 Meter boxes Hotel (back side) north facing (18th Street) s• • 447 4 T'r 02%09/2011 ,�% ''tag� �t ,Ct 'l �}, �v-_y t ) L �,,. .1 j t) 4. ' r'Mk - • 1 .).'4%24444*- r '.� A it'yt, t r [.• t t ♦t ♦- r. V4 M -qtr .r s n"t v l 1 1 l.t i.�� .'•, i f`i: `R< ii 7. .�dh � ; .1,v� '#+lMrt� v�'. x1 t if -t �r � X L. blFn 'Nf •r 17~ .%i ` b �. Ito Environmental Health — open sewer north facing (18th Street) Environmental Health — raw sewage On February 1, 2012, building violation BCV11-00084 was closed BCV15-00001 Detached Home Storage Area — south facing — north of hotel (Hwy 34) Owner Receiving Notice July 1, 2016 — south facing (Hwy 34) Hotel — east end, south facing (Hwy 34) Hotel — south facing (Hwy 34) Detached Home — east side of home Code Sections in Violation: "1997 Uniform Code for the Abatement of Dangerous Buildings" . Chapter 3 — Dangerous Building . Section 3O2, Paragraph 14 . Section 3O2, Paragraph 15 . Section 3O2, Paragraph 16 . Section 3O2, Paragraph 17 . Chapter 7 — Enforcement of the Order of the Building Official or Board of Appeals . Section 701 Compliance I Section 701.2 — Failure to Obey Order Options for the Board . Do nothing and close violation case, BCV1S-00001 and BCV16-00020 . Order owner to obtain a Demolition permit for each of the structures . Order owner to obtain building permits to rebuild structures to code . Order owner and/or Weld County to secure all structures (must remain secure at all times) . Board of County Commissioners initiate abatement of the buildings and secure it using the Solid Waste Funds Staff is recommending that the Board of County Commissioners move to abate the buildings, as the owner of record has shown the inability to properly keep all structures secure from entry as ordered. Hello