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HomeMy WebLinkAbout20111130 RECORD OF PROCEEDINGS VIOLATION HEARINGS AGENDA TUESDAY, MAY 10, 2011 CD #2011-5(V) ROLL CALL: Commissioner Barbara Kirkmeyer, Chair- EXCUSED Commissioner Sean Conway, Pro-Tern Commissioner William F. Garcia Commissioner David E. Long - EXCUSED as of 10:06 a.m. Commissioner Douglas Rademacher Also present: County Attorney, Stephanie Arries Acting Clerk to the Board, Tonya Disney Planning Department representative, Bethany Salzman Planning Department representative, Peggy Gregory Planning Department representative, Tom Parko Public Health and Environment representative, Troy Swain Building Official, Ken Swanson CLOSED CASES: Upon a follow-up inspection, the Compliance Officer has determined that the following cases are no longer in violation and recommends they be closed. 1) ZCV#1100021 - GANDER VALLEY FARMS LTD 2) ZCV#1100001 - MOSSBERG 3) ZCV#1100024 -WENZEL REFERRED BACK TO PLANNING: The Compliance Officer is working with the appropriate parties to close the following cases, and they do not need to be heard by the Board of County Commissioners at this time. 1) BCV#1100023 - GALLATIN/COLLINS [2011-1132] 2) BCV#1100035 - PHAM/TAI [2011-1133] 3) ZCV#1100004 - TRUE [2011-1149] 4) ZCV#1100031 - LARA [2011-1150] PUBLIC HEALTH AND ENVIRONMENT: 1) Consider Authorization for the Weld County Attorney to Proceed with Legal Action for Violation of Health Regulations for Methamphetamine Laboratory Cleanup - Logan Greening [2011-1131] NEW BUSINESS: 1) ZCV#0900299 - STEVENS [2011-1134] 2) ZCV#1100017 - HAFLEY [2011-1135] 3) ZCV#1000148 - CAMPBELL [2011-1136] 4) ZCV#1000140 - TREVINO [2011-1138] Tuesday, May 10, 2011 2011-113C Page 1 PL0824 NEW BUSINESS (CON'T):5) ZCV#1100007 - STREVEY [2011-1140] 6) ZCV#1100042 - CALDERON [2011-1142] 7) ZCV#1100025 - VEGA [2011-1143] 8) ZCV#1000164 - ENGER [2011-1144] 9) ZCV#1100013 - CUNNINGHAM (refer back to Planning) [2011-1145] 10) BCV#1100011 - GOMEZ (refer back to Planning) [2011-1146] 11) ZCV#1100018 - GOMEZ [2011-1147] 12) BCV#1100003 - TRUE [2011-1148] Tuesday, May 10, 2011 2011-113( Page 2 PL082' Memorandum jet L. To: Board of County Commissioners May 10,2011 IC From: ggy SgomaB,ildinggomplianceeOff II,Dept. l nningiSServices Peggy Gregory,Building Zoning n Compliance Officer,e Dept.of Planning Planning Services Se Subject: May 10,2011 Violation Hearing Updates COLORADO Weld County Zoning or Building Violation Cases Closed: ZCV11-00021 Gander Valley Farms Ltd ((Bethany Salzman)) ZCV11-00001 Bradley Mossberg ((Bethany Salzman)) ZCV11-00024 Jonathon & Shirley Wenzel ((Bethany Salzman)) Weld County Zoning or Building Violation Cases Referred back to Planning: BCV11-00023 Ryan Gallatin and Kay Collins ((Peggy Gregory)) Submitted new building permit application BCV11-00035 Hoai Pham and Christina Tai ((Peggy Gregory)) House vacated —will resubmit at later date (financial issues) ZCV11-00031 Luis Lara ((Bethany Salzman)) Commercial Vehicles removed on Sunday— 1 semi trailer left on-site to be removed ZCV11-00004 Glen & Sharon True ((Bethany Salzman)) Use by Special Review application submitted and deemed complete—being processed Weld County Zoning or Building Violation Cases continued: Memorandum ‘01:6ir To: Board of County Commissioners May 6,2011 IIIIDc From: Bethany Salzman,Zoning Compliance Officer II, Dept. of Planning Services Subject: Legal Action Authorization COLORADO The Department of Planning Services staff has scheduled the following violations to be considered at the May 10, 2011 hearing beginning at 10:00 a.m. The Department of Planning Services staff is requesting that the Board review the individual cases and determine whether or not to authorize legal action to remedy the violations. Weld County Zoning Violation Cases: ZCV09-00299 Karla S Stevens Chapter 23, Article 111(3), Division 1 of Sections 23-3-20 and 23-3-30 and Article IV(4), Division 3 of Sections 23-4-140, 23-4-140, 23-4-150.A and 23-4-150.B of the Weld County Code. The Camper/Trailer-RV shall be abated as a dwelling unit and disconnected from all utilities or a new Zoning Permit for a Temporary during Construction shall be completed and submitted to this office. Additionally, a building permit shall be submitted at the same time and construction must begin within 3 (three) months. ZCV11-00017 Shaun Hafley Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.F and Chapter 23, Article IV(4), Division 3 of Section 23-4-160 of the Weld County Code. The mobile home shall be removed from the property. ZCV10-00148 Keith & Lucinda Campbell Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-20.A, 23-3-30, 23-3-30.P, 23-3-40 and 23-3-40.L of the Weld County Code. The barn shall be restored to a barn or the second dwelling unit shall be appropriately permitted. The camper/Trailer-RV shall be abated as a dwelling unit and disconnected from all utilities. ZCV11-00021 Gander Valley Farms Ltd Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.F of the Weld County Code. The non-permitted mobile home/office trailer shall be removed from the property. ZCV10-00140 Adolph Trevino Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-30.M, 23-3-40 and 23-3-40.R of the Weld County Code. The commercial business & storage (Dba: Trevino & Son's Trucking, Inc) shall be permitted or removed from the property. ZCV11-00001 Bradley Mossberg Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. The Noncommercial Junkyard shall be restored, removed or completely screened from all adjacent properties and public rights-of-ways. The trash shall be removed from the property. ZCV11-00007 Daniel & Jana Strevey (Owners) and Stephen Agee (Tenant) Chapter 23, Article 11(2), Division 3 of Section 23-2-150.C of the Weld County Code. The property shall be brought back into compliance with SPR-387 or a new application shall be completed and submitted to the Department of Planning Services. ZCV11-00024 Jonathon & Shirley Wenzel Chapter 23, Article 111(3), Division 3 of Sections 23-3-210, 23-3-220, 23-3-230, 23-3-230.B and 23-3-230.C of the Weld County Code. The Noncommercial Junkyard shall be removed or a Use by Special Review shall be completed and submitted to the Department of Planning Services for processing. 2011-1130 05/10/11 Violation Hearing Memo Page 2 Weld County Zoning Violation Cases Cont...: ZCV11-00042 Damaris Calderon Chapter 23, Article Ill, Division 1 of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-40 and 23-3-40.R of the Weld County Code. The Noncommercial Junkyard shall be removed, restored or completely screened from all adjacent properties and rights-of-ways. The number of Commercial Vehicles shall never exceed 1 (one) at any time or a Use by Special Review application shall be completed and submitted for processing. ZCV11-00025 Abelardo Vega Chapter 23, Article 111(3), Division 3 of Sections 23-3-210, 23-3-220, 23-3-230, 23-3-230.B, 23-3-230.6.7 and 23-3-230.E of the Weld County Code. A Site Plan Review application shall be completed and submitted to the Department of Planning Services for processing or the auto sales and trailers sales shall be removed from the property. ZCV10-00164 Beverly Enger Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. The Noncommercial Junkyard shall be removed, restored or completely screened from all adjacent properties and public rights-of-ways. All household trash shall be removed. ZCV11-00013 Doris Cunningham (Owner) and Cliff Simpson (Tenant) Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.R of the Weld County Code. All commercial operations and storage shall be removed from the property or an amended Use by Special Review application shall be completed and submitted to the Department of Planning Services for processing. ZCV11-00018 Adolfo Gomez Jr Chapter 23, Article 111(3), Division 2 of Sections 23-3-110, 23-3-110.6 and 23-3-110.C of the Weld County Code. The Noncommercial Junkyard shall be removed from the property as it is not an allowed use in the Residential Zone District. The camper/trailer-RV shall be abated as a dwelling unit or removed from the property. All Commercial Vehicles and storage shall be removed from the property as it is not an allowed use in the Residential Zone District. ZCV11-00031 Luis Lara Chapter 23, Article 111(3), Division 2 of Sections 23-3-110, 23-3-110.6, 23-3-110.C and 23-3-110.D of the Weld County Code. The Noncommercial Junkyard shall be removed from the property as it is not an allowed use in the Residential Zone District. All Commercial Vehicles and storage shall be removed from the property as it is not an allowed use in the Residential Zone District. ZCV11-00004 Glen & Sharon True Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.L of the Weld County Code. The second residence shall be removed or a Use by Special Review application shall be completed and submitted to the Department of Planning Services for processing. Weld County Zoning Violation Cases Closed: ZCV08-00360 Keith J Thoene "Closed" USR-1694 plat recorded ZCV10-00139 Travis Bell "Closed" Medical Marijuana Grow operation removed 05110/11 Violation Hearing Memo Page 3 Weld County Zoning Violation Cases Cont...: ZCV10-00147 Tomas Nunez Ramos "Closed" Noncommercial Junkyard screened ZCV10-00149 Kauffman Bros Ltd Partnership "Closed" Youth Soldiers of America boot camp removed ZCV10-00165 Ralph &Amy Clark "Closed" Auto restoration business removed ZCV11-00009 Junction Properties, LLC "Closed" Auto repair business removed ZCV11-00014 Donald &Cindy Lewis "Closed" Massage parlor removed from property ZCV11-00026 Randy & Brenda Solomon "Closed" Number of dogs reduced to 8 or fewer COMP10-00153 David Burough & David Popham "Closed" Zoning Violation initiated (ZCV11-00045) COMP11-00010 Dale & Joyce Tennal "Closed" Letter submitted denying violation COMP11-00011 Rodney & Becky Martinez "Closed" Letter submitted denying violation COMP11-00012 Eugene & Janet Martinez "Closed" Letter submitted denying violation COMP11-00022 Gerardo Moreno "Closed" Zoning Violation initiated (ZCV11-00044) COMP11-00038 Ronald E Rudkin "No Violation" Complaint was not validated COMP11-00039 Jesus & Elvira Gonzalez "Closed" Zoning Violation initiated (ZCV11-00032) COMP11-00042 David Neill "Closed" Zoning Violation initiated (ZCV11-00034) COMP11-00043 John Svitak "Closed" Household trash removed COMP11-00046 Robert De Crescentis "Closed" Zoning Violation initiated (ZCV11-00035) COMP11-00047 Daniel & Sherri Tucker "Closed" Zoning Violation initiated (ZCV11-00033) COMP11-00048 Damaris Calderon "Closed" Zoning Violation initiated (ZCV11-00042) COMP11-00051 Andrew& Judith Blakemore "Closed" Zoning Violation Initiated (ZCV11-00046) 05/10111 Violation Hearing Memo Page 4 Weld County Zoning Violation Cases Cont...: COMP11-00055 Green Mill Sportsmans Club "No Violation" USR case (probable cause) not Violation case COMP11-00058 Phillip E Caminisch "No Violation" Complaint not validated COMP11-00059 Martin Sulkowski "Closed" Zoning Violation initiated (ZCV11-00047) COMP11-00067 Juan Manuel & Maria Guadalupe Meza "Closed" Zoning Violation initiated (ZCV11-00048) COMP11-00071 Melvin W Bayne Trust "Closed" Zoning Violation initiated (ZCV11-00049) COMP11-00072 Garage Storage II LLC "Closed" Zoning Violation initiated (ZCV11-00050) COMP11-00073 Garage Storage II LLC "Closed" Zoning Violation initiated (ZCV11-00051) COMP11-00074 Ronald E Rudkin "Closed" Zoning Violation initiated (ZCV11-00052) COMP11-00078 Abelardo & Nancy Vega "Closed" Zoning Violation initiated (ZCV11-00054) COMP11-00079 Abelardo & Nancy Vega "Closed" Zoning Violation initiated (ZCV11-00053) VI-0100259 Guadalupe & Rose Chavez **** "Closed" USR-1744 plat has been submitted for recording. ZCV08-00409 Louis Goldsby **** "Closed" All commercial operations and storage removed ZCV09-00114 Troy & Judy Hefner **** "Closed" USR-1737 plat recorded ZCV09-00157 David & Marcia Poss **** "Closed" Commercial operations and/or storage and Noncommercial Junkyard removed ZCV10-00002 Dale & Evelyn Majors **** "Closed" Commercial business removed ZCV10-00063 Antonio Estrada **** "Closed" Scrap iron storage and operations removed ZCV10-00083 Steven & Charlene Alvarez **** "Closed" Property sold, Reference ZCV11-00043 ZCV10-00093 HSBC Bank USA **** "Closed" New ownership, See ZCV11-00047 ZCV10-00113 Doris Cunningham **** "Closed" Medical Marijuana grow operation removed 05/10/11 Violation Hearing Memo Page 5 Weld County Zoning Violation Cases Cont...: ZCV10-00138 Donnie & Jennifer Spangler **** "Closed" Noncommercial Junkyard, excess Commercial Vehicles removed **** County Attorney's Office 441 MEMORANDUM To: Board of County Commissioners May 10, 2011 COLORADO From: Peggy Gregory, Building Compliance Officer Department of Building Inspection Subject: Legal Action Authorization The Department of Building Inspection has scheduled the following violations to be considered at the May 10, 2011,hearing beginning at 10:00 a.m. The Department of Building Inspection is requesting that the Board review the individual cases and determine whether or not to authorize legal action to remedy the violations. Weld County Building Violation Cases: BCV11-00003, Glenn True and Sharon Wells-True Chapter 29, Article III, Section 29-3-10; Article III, Section 29-3-50; Article III, Section 29-3-160 of the Weld County Code A permit application and all applicable documentation shall be submitted for the change of use of the "agricultural exempt" building, fees paid, the permit issued, and all inspections completed. BCV11-00011, Adolfo Gomez, Jr. Chapter 29, Article III, Section 29-3-10 of the Weld County Code A permit application and all applicable documentation shall be submitted for the equipment building, fees paid, the permit issued, and all inspections completed. BCV11-00023, Ryan Gallatin and Kay Collins Chapter 29, Article III, Section 29-3-10 and Article VIII, Section 29-8-40 of the Weld County Code A permit application and all applicable documentation shall be submitted for the basement finish, fees paid, the permit issued, and all inspections completed. BCV11-00035, Hoai Pham, Christina Tai, Khan Tai Chapter 29, Article III, Section 29-3-10; Section 29-8-40 of the Weld County Code A permit application and all applicable documentation shall be submitted to completed inspections on the single family dwelling, fees paid, the permit issued, and all inspections completed. Weld County Building Violation Cases Closed: COMP11-00049 Eugene Martinez "Closed" property in compliance COMP11-00050 Edgar Vega "Closed" violation initiated COMP11-00052 Philip Ortega "Closed" violation initated COMP11-00053 Gary Duran "Closed" no violation COMP11-00054 Camelot Storage Center "Closed" violation initiated SERVICE,TEAMWORK,INTEGRITY,QUALITY Violation Hearing Memorandum May 2011 page two COMP11-00056 Debra Knudson "Closed" no violation COMP11-00057 Jesus Lerenas "Closed" violation initiated COMP11-00063 Legacy Homes of Northern Colorado "Closed" violation initiated COMP11-00064 Richard Carson "Closed" violation initiated COMP11-00065 John and Eulalie Lauridson "Closed" violation initiated COMP11-00066 Ralph Sauter Jr "Closed" no violation BCV09-00064 Gary Howard "Closed" property in compliance BCV09-00092 Michael Sasina "Closed" property in compliance BCV09-00133 John and Terri Snyder "Closed" building permit completed BCV10-00035 Conquest "Closed" building permit completed BCV10-00118 Jeffrey and Cynthia Hasbrouck "Closed" building permit completed BCV10-00129 John and Susan Maitzen "Closed" building permit completed BCV10-00135 Scott McGregor "Closed" building permit completed BCV10-00170 Jerry Perez-Quinones "Closed" building permit completed BCV10-00171 Jerry Garcia "Closed" building permit completed BCV10-00172 695 Cherry Avenue LLC "Closed" building permit completed BCV11-00001 Robert and Cynthia Kelly "Closed" building permit completed SERVICE,TEAMWORK,INTEGRITY,QUALITY Violation Hearing Memorandum May 2011 page three BCV11-00009 Jeff Seewald "Closed" property in compliance BCV11-00010 Gordon and Lavonne Boersma "Closed" property in compliance BCV11-00026 Harvey Richards/William Garcia "Closed' property in compliance BCV11-00031 Kevin and Heather Willard "Closed" building permit completed BCV11-00036 Robert Wise "Closed" building permit completed SERVICE,TEAMWORK,INTEGRITY,QUALITY Hello