HomeMy WebLinkAbout20111471.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on June 14, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Tonya Disney
Assistant County Attorney, Stephanie Arries
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Public Works representative, Clay Kimmi
The following business was transacted:
At the request of Planning staff, Commissioner Rademacher moved to refer the following matters
back to the department of Planning Services; BCV#1100030 against Tim and Jeanne Iverson, and
ZCV#1100011 against Robert Devoe. The motion was seconded by Commissioner Conway, and it
carried unanimously.
I hereby certify that a public hearing was conducted to consider whether to authorize the County
Attorney to proceed with legal action against the individuals named for violations of the Weld County
Zoning Ordinance. Cases were heard as follows:
BCV #1100050 - VEGA: Peggy Gregory, Department of Planning Services, presented the case
report for the record and pursuant to the case file, this property is in violation of various sections of
the Weld County Code, as detailed in staffs case summary. Ms. Gregory stated this violation is
because of a structure being constructed without a building permit. She further stated Nancy Vega
did meet with Bethany Salzman, Michelle Martin, and herself, yesterday, at which time Ms. Vega
was given the permit applications for both the utility building and a commercial building. Staff
recommends this matter be referred to the County Attorney's office but delay legal action for 30 days
to allow the property owner time to submit the proper building permit applications and all other
required documentation.
In response to Chair Kirkmeyer, Ms. Gregory stated the square footage of the building will not be an
issue, and until they receive the building permit application, the setbacks will not be able to be
verified, which could become an issue. Ms. Gregory further stated she is not aware of the setback
requirements at this time for this particular subdivision; it could possibly be one foot for every three
feet. Chair Kirkmeyer stated if there is a setback violation the Vega's could go to the Board
Assessment of Appeals to try and get a variance and Ms. Gregory concurred.
Hearing Certification, Zoning Violations
June 14, 2011 2011-1471
Page 1 PL0824
Nancy Vega, property owner, stated she understands they need to obtain a building permit and
there may be some issues with the setbacks on the property, and at this time has no other
comments.
Commissioner Rademacher moved to refer BCV# 1100050 against Abelardo Vega to the County
Attorney for legal action, with the instruction to delay action upon such referral until July 14, 2011,to
allow adequate time for the property owner to submit the proper building permit applications and all
required documents. The motion was seconded by Commissioner Conway, and it carried
unanimously.
ZCV#1100053 -VEGA: Bethany Salzman, Department of Planning Services, presented the case
report for the record and pursuant to the case file, this property is in violation of various sections of
the Weld County Code, as detailed in staffs case summary. Ms. Salzman stated this violation was
initiated by the Weld County Sheriff's Office for an event that was occurring on the property and was
told the structure was occasionally being rented out for various parties and events. Ms. Salzman
stated she then conducted a visual inspection of the property and noted that in fact there was a
structure that had been built on the property, and there was also a minimal amount of trash, iron,
and metal that need to be removed from the property. Ms. Salzman stated she has also noted for
the second time, a small fire on the property, which she has turned in to Phil Brewer, Department of
Environmental Health. Ms. Salzman stated at yesterday's meeting with Nancy Vega she indicated
she was not sure if they would continue to rent the building to the public for such events or use it
strictly for private use; however, prior to the hearing this morning Ms. Vega has stated they have
decided to use the building for private use only. Ms. Salzman stated there are no other dwellings on
the property which leaves only the remaining clean up of the site. Staff recommends this matter be
referred to the County Attorney's office but delay legal action for 30 days.
Nancy Vega, property owner, responded to Chair Kirkmeyer by stating they have decided to utilize
the building for private use only and not rent it out for any type of public events.
Commissioner Rademacher moved to refer ZCV#1100053 against Abelardo and Nancy Vega to the
County Attorney for legal action, with the instruction to delay action upon such referral until
July 14, 2011, to allow adequate time for the property owner to remove the remaining debris from
the property. The motion was seconded by Commissioner Conway, and it carried unanimously.
BCV#1100051 -VEGA: Ms. Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of various sections of the Weld County Code, as detailed in
staff's case summary. Ms. Gregory stated this violation is for a Change of Use and an addition to a
structure that was built in 1940, as a barn, and is now being used as a duplex, as well as a
swimming pool that was installed with no permit; both of these structures are in a flood plain.
Ms. Gregory stated Nancy Vega was at the Department of Planning Services yesterday, at which
time she was given a building application for both the addition to the barn and the swimming pool.
Staff is recommending this matter be referred to the County Attorney's office but delay legal action
for 30 days to allow the property owner adequate time to submit the required building permit
applications and all required documentation.
Commissioner Garcia moved to refer BCV #1100051 against Abelardo and Nancy Vega to the
County Attorney for legal action, with the instruction to delay action upon such referral until
July 14, 2011, to allow adequate time for the property owner to submit all building permit
applications and required documentation to the Department of Planning Services. The motion was
seconded by Commissioner Long, and it carried unanimously.
Hearing Certification, Zoning Violations
June 14, 2011 2011-1471
Page 2 PL0824
ZCV#1100054-VEGA: Ms. Salzman presented the case report for the record and pursuant to the
case file, this property is in violation of various sections of the Weld County Code, as detailed in
staff's case summary. Ms. Salzman stated this violation is part of the same complaint as mentioned
in the matter of ZCV#1100053, from the Weld County Sheriffs Office, with events taking place at
this property location as well. Ms. Salzman further stated upon conducting an inspection of the
property from the road right-of-way she noticed the agricultural exempt building in the back was
brick, matching the residence, which is out of character for a typical barn. Ms. Salzman stated while
speaking with Nancy Vega yesterday, Ms. Vega indicated when they purchased the property the
barn was being used as an apartment and did not indicate any remodeling had taken place.
Ms. Salzman stated she pointed out to Ms. Vega there were some additions to the building between
2008, and 2009, which showed up on aerial photography, at which time Ms. Vega then indicated
they had completed some additions to the property. Ms. Salzman went through the photographs
taken of the property and pointed out the addition to the barn along with the area that is located in
the flood plain, which Clay Kimmi, Department of Public Works, will explain. In response to
Chair Kirkmeyer, Ms. Salzman stated the entire barn,the swimming pool, and an agricultural exempt
building that was built in 2000,which does not have a flood hazard permit, are all in the flood hazard
plain. Ms. Salzman stated the zoning issue for this property is that a duplex unit is not an allowed
unit in the agricultural zoned district. Ms. Salzman stated when Ms. Vega met with staff yesterday,
she was given a couple different options from Michelle Martin, Department of Planning Services.
One option given to Ms. Vega is to remove at least one of the apartments from the duplex on the
property, at which time Ms. Vega indicated her daughter was occupying; she also indicated her
daughter was paying rent for the apartment. Ms. Salzman stated by collecting rent from the
apartments the second home options would not apply. The second option Ms.Vega was given is to
submit an application for a Recorded Exemption (RE),which the property is eligible for, and the last
option for the Vega's is to do a Use by Special Review(USR)for the property as it is now operating;
however, staff would be recommending a denial ahead of time, although the Vega's could still apply
for the USR as is. Ms. Salzman stated the first thing the Vega's need to do is to submit the pre-
application which could have been taken care of when first notified of the violation; however,
because the Vega's have not addressed any of the issues until just yesterday the pre-application
has not been submitted. Staff is recommending this matter be referred to the County Attorney's
office but delay legal action for 30 days, with the direction of the Board to require the pre-application
to be submitted within 10 days.
In response to Chair Kirkmeyer, Ms. Salzman stated the entire barn is sitting in the flood plain and in
1940 there was a permit for the barn; however, the additions to the barn would disqualify any
grandfathering of the building. She further stated the agricultural exempt building is also in the flood
hazard plain and does not have the Flood Hazard permit. She further stated the house by the main
road is not in violation.
Nancy Vega, property owner, stated she would like to clarify that her daughter does not pay rent in
the apartment. She further stated they often have family stay over and the apartment is a place her
guests can stay and have some privacy while visiting.
In response to Chair Kirkmeyer, Ms.Vega stated she understands that a pre-application does need
to be submitted within 10 days of the hearing as well as obtain flood hazard permits.
In response to Commissioner Conway, Clay Kimmi, Department of Public Works, stated he is not
sure if the Vega's would be able to obtain a flood plain permit. He further stated the barn that was
converted into a duplex would need to be elevated one foot above the base flood elevation and he
does not know what that elevation is without conducting an inspection of the property. Mr. Kimmi
Hearing Certification, Zoning Violations
June 14, 2011 2011-1471
Page 3 PL0824
stated if the duplex is not in compliance with the appropriate levels, the Vega's would need to either
elevated the duplex to the appropriate level or convert it back to its original use of a barn. He further
stated a Flood Hazard permit will take approximately 45 days from the time it is submitted and then
an additional month for an engineer to put together everything that is needed.
In response to Chair Kirkmeyer, Mr. Kimmi stated if it is the desire of the Board to make a motion to
delay legal action for 30 days, Ms. Vega will then be able to submit the appropriate building permit
applications, and decide what should be done in the event the duplex would need to be converted
back to the original purpose of the building, a barn. Mr. Kimmi further stated the Agricultural Exempt
building in the flood plain needs to have a Flood Hazard permit. Mr. Kimmi stated the Vega's would
be able to put both buildings in question on one Flood Hazard permit, further stating the barn in the
back would only need to be flood vented if it is below the base flood elevation. Chair Kirkmeyer
stated if the Vega's decide not to complete the RE or the USR, to make the duplex habitable and
turn it back into a barn,they would then need to do the same as the agricultural exempt building and
flood vent the building, and still obtain the Flood Hazard permit, Mr. Kimmi concurred.
In response to Commissioner Rademacher, Mr. Kimmi stated FEMA (Federal Emergency
Management Agency) requires a Flood Hazard permit on everything that lies in the flood plain area,
whether it is the corner of a structure or the entire structure. He further stated if this was a
residential structure they may be able to get a letter map amendment from FEMA; however, FEMA
requires a Flood Hazard permit on any building located in the flood plain area. He further stated for
the Agricultural Exempt building it should be relatively easy to obtain the Flood Hazard permit;
however, for the duplex it may be a little more difficult because of the elevation requirements.
Chair Kirkmeyer stated once the pre-application is submitted or the building permits are submitted
this will also start the process of the Flood Hazard permit and Mr. Kimmi concurred.
Commissioner Garcia moved to refer ZCV #1100054 against Abelardo and Nancy Vega to the
County Attorney for legal action, with the instruction to delay action upon such referral until
July 14, 2011 with the requirement to have the pre-application completed and turned in to the
Department of Planning Services no later than June 24, 2011, and to allow adequate time for the
property owner to apply for either the Recorded Exemption or the Use by Special Review, as well as
submit the Flood Hazard permit required for the duplex and the agricultural exempt building located
in the flood plain area. The motion was seconded by Commissioner Long, and it carried
unanimously.
ZCV#1000159-MATHENA: Ms. Salzman presented the case report for the record and pursuant to
the case file, this property is in violation of various sections of the Weld County Code, as detailed in
staff's case summary. Ms. Salzman stated in a conversation with Larry Mathena, he had indicated
he used to cut wood and bring it back to his property and then sell it to individuals. Mr. Mathena has
since indicated that any remaining wood on the site will be for personal use only, and allow friends to
obtain some of the wood at no charge. This being said, the business component of the violation will
resolve itself. To bring the property into compliance, the small amount of debris remaining on the
property must be removed, and the two derelict camper trailers need only to be registered and
plated. Ms. Salzman stated Mr. Mathena has made significant progress in the cleanup of the
property. Ms. Salzman further stated she met with Mr. Mathena yesterday while conducting the site
inspection and suggested he find out how much it would cost to plate both camper trailers and
decide how much time he thought it would take him to ensure these matters were resolved and
present it to the Board today. Ms. Salzman further stated during the inspection it appeared there
was another load of iron and metal ready to be removed from the property. Ms. Salzman stated
Hearing Certification, Zoning Violations
June 14, 2011 2011-1471
Page 4 PL0824
before staff makes a recommendation for this matter, they would like to consider the request of
Mr. Mathena; however, she would not recommend more than 60 days.
In response to Commissioner Conway, Ms. Salzman concurred a substantial amount of clean up
has been made to the property and that the remaining items to be taken care of are the removal of
the remaining debris and plating the camper trailers. Ms. Salzman further stated if they cannot plate
the camper trailers they can remove them from the property or install proper screening.
Larry Mathena, property owner, stated he had a knee replacement in January and it has been hard
to clean up the property; however, he has had some friends and family that were able to help. He
further stated he has the title for one of the camper trailers which will not be a problem to have
licensed; however, he is not able to locate the title for other camper trailer. He further stated in
2004, he had knee surgery and got gangrene, and as a result of this he has been unable to work for
several years and has fallen behind on the up keep of the property.
Maria Mathena, property owner, stated she will make sure the two camper trailers will be licensed
and plated. She further stated she understands they need to bring the property into compliance;
however, this will be a struggle financially for them.
In response to Chair Kirkmeyer, Mr. Mathena stated they will be able to register the one trailer very
soon; however, he will need to find out the cost to do this because he is on disability and they will
have to manage with his income. He further stated he will be able to go to the Clerk and Recorders
office and inquire how to obtain a duplicate title for the second camper trailer along with the cost of
plating the trailer.
Commissioner Conway stated Mr. Mathena is on disability and asked if there is a financial hardship,
further stating the Board does not want to put a time limit on the Mathena's that will not allow them to
obtain the plates because of the financial difficulty. Mr. Mathena stated they have recently had to
license two other vehicles so this is more of a financial burden then actually having to go in and get
them,further stating they will be able to go into the Clerk and Recorder's office and get the duplicate
title that is needed. Mr. Mathena stated he believe within 60 days they will be able to obtain the
proper licensing for the two camper trailers.
In response to Commissioner Rademacher, Ms. Salzman stated the horse trailer is used on sight
and is considered agricultural implements that are on site and would not be considered derelict.
In response to Chair Kirkmeyer, Mr. Mathena stated they would appreciate 90 days if the Board
would be willing.
Chair Kirkmeyer stated she would hope the Board would consider 90 days, and that there seems to
be some financial difficulties and if they are able to stretch the cost out over 90 days maybe this
would help them. She further stated they have made substantial amounts of clean up to the
property as well, which shows they are truly trying to come into compliance.
Ms. Salzman asked if Mr. Mathena would validate he will not be conducting business from the site
any longer. Mr. Mathena submitted a written letter, Exhibit A, into the record stating he will not be
selling wood or any other material from his property any longer.
Commissioner Conway moved to refer ZCV #1000159 against Larry and Maria Mathena to the
County Attorney for legal action, with the instruction to delay action upon such referral until
September 14, 2011, to allow adequate time for the property owners to remove the remaining debris
Hearing Certification, Zoning Violations
June 14, 2011 2011-1471
Page 5 PL0824
from the property and either, register and plate the two camper trailers, have them removed from the
property, or install proper screening from all adjacent properties and public rights-of-way. The
motion was seconded by Commissioner Rademacher, and it carried unanimously.
ZCV #1000046 - BLAKEMORE: Ms. Salzman presented the case report for the record and
pursuant to the case file,this property is in violation of various sections of the Weld County Code, as
detailed in staff's case summary. Ms. Salzman stated the Blakemore's are operating a trucking
business from the site which seems to mainly revolve around the repair of trucks. Ms. Salzman
stated due to the property being an Estate Zoned District a Use by Special Review(USR) is not an
allowed use. She further stated when the Blakemore's met with staff on April 12, 2011, they
informed staff they were looking for another property to move the business to; however, when
Ms. Salzman conducted the inspection of the property yesterday, she noticed there was still a
commercial vehicle, a semi-trailer, and she could hear work being conducted in the shop. Staff is
recommending this matter be referred to the County Attorney's office for immediate legal action.
Andrew Blakemore, property owner, stated they have been searching for a shop to lease for a while
now, but believes because of the oil wells in Weld County, it is harder to find something they are
able to afford; however, they have recently found a site they believe will work for them and are
working with the realtor to draw up the lease agreement with the company, Turner Inc. of Longmont
(Turner Realty). Andrew Blakemore submitted a letter, Exhibit A,from Turner Realty for the record.
He further stated they will be able to start moving the business to the new site on July 1, 2011, and
hope to have everything moved to the new site by the end of July.
Mark Blakemore, business partner, stated they are in the trucking business, they do repair the
trucks; however, the repairs they do are only for their own trucks and not for others. He further
stated they have chosen to not go into dept by purchasing newer equipment, so they purchase older
equipment and do the repairs themselves. Mark Blakemore stated it has been their intention from
the beginning to move to a different location; however, they needed to start small and get a little
cash flow before they can actually move to a different site and they communicated this with the HOA
(Home Owners Association) as well.
Andrew Blakemore stated they did submit a time line to the HOA and are pretty close to keeping to
the time line. In response to Commissioner Rademacher,Andrew Blakemore stated they would like
to have 30 days to be able to move the business to the new site.
Ms. Salzman stated she will have to do some research on the site the Blakemore's are intending to
lease, to validate if the site is properly permitted, or if they will have need submit permits and further
stating they may need to have a Site Plan Review(SPR)for the business. Ms. Salzman stated she
understands there are other businesses being run from this area; however, for the benefit of the
Blakemore's she will do the research to assure the proper permits are in place before they actually
move to the site, and in response to Commissioner Rademacher, Ms. Salzman stated she does
believe 30 days is an adequate amount of time.
In response to Commissioner Conway, Ms. Salzman stated it is the responsibility of the property
owner to be in compliance; however, the property owner may require the lessee to apply for permits,
if they are in fact necessary.
Assistant County Attorney, Stephanie Arries, stated she has had several landlords that require the
tenants to apply for the permits, so it will be something the Blakemore's and Turner Realty will need
to discuss and agree upon, if in fact permits are necessary.
Hearing Certification, Zoning Violations
June 14, 2011 2011-1471
Page 6 PL0824
Mitch Martin, developer of Buffalo Ridge, stated while the HOA is not unsympathetic to the
Blakemore's issue, this is an expressly forbidden activity on the site and should have never taken
place. He further stated this is not a rule the HOA recently changed,this has been in place from the
beginning and the Blakemore's knew they were in violation when they began the trucking business.
Mr. Martin stated the HOA is not opposed to giving the Blakemore's a reasonable amount of time to
resolve the issue; however, they have been involved in communications with them since early
February, 2011, and would like to see a timely end to the activity.
In response to Commissioner Conway, Mr. Martin stated he feels as long as the Blakemore's stay
on the time line presented today, of moving the business to another site by the middle of July, there
should be no issues. He further stated they are not trying to put anyone out of business, the HOA
just does not want the businesses in the residential neighborhood. Mr. Martin further stated the
neighborhood is having some issues with truck traffic in the area and would like to have some
signage installed forbidding the semi-truck traffic to use the subdivision as part of their route. He
further stated this traffic is not related to the Blakemore's, but there is concern that the residential
area is starting to take on an industrial feel to it.
Mark Blakemore stated there are several people in the neighborhood that are conducting
commercial activity and have been doing so for quite some time, and it is his understanding they
have been doing so before they even moved into the neighborhood, and unfortunately, it was their
business that was targeted first and he would like to get some clarity on the regulations and how it is
determined who can do business and who cannot.
Chair Kirkmeyer stated the County will only enforce what is written in the Weld County Code and in
this matter the property is Estate Zoned; therefore,that is what they will enforce. She further stated
the Blakemore's should visit with the HOA in the neighborhood to determine what is in the
covenants for the neighborhood. In response to Andrew Blakemore, Chair Kirkmeyer stated they
could apply for one(1) commercial vehicle to be situated on the property; however, that would be all
that is allowed by the Weld County Code and again they need to visit with the neighborhood HOA to
determine if that is an allowed use within the covenants. Ms. Salzman stated there are a couple of
different options the Blakemore's have, as far as the commercial vehicles are concerned, and she
would be willing to explain those to the Blakemore's after the hearing today.
Commissioner Conway moved to refer ZCV#1000046 against Andrew and Judith Blakemore to the
County Attorney for legal action, with the instruction to delay action upon such referral until
July 14, 2011, to allow adequate time for the property owners to relocate all business equipment and
operations to a commercial site. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
There being no further discussion, the hearing was completed at 10:50 a.m.
Hearing Certification, Zoning Violations
June 14, 2011 2011-1471
Page 7 PL0824
This Certification was approved on the 20th day of June, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
arbara Kirkmeyer, air
Weld County Clerk to t
Sean P. Co way Pro-Tem
BY.
Deputy Clerk to the B ,��-� ..// '�
Wi cia A FORM: 4 c44,
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David E. Long
ounty Attorney q, e ,,
Douglas,ademache
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Hearing Certification, Zoning Violations
June 14, 2011 2011-1471
Page 8 PL0824
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