HomeMy WebLinkAbout20111151 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on May 10, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair- EXCUSED
Commissioner Sean P. Conway, Pro-Tern
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED as of 10:06 a.m.
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
Planning Department representative, Tom Parko
Public Health and Environment representative, Troy Swain
Building Official, Ken Swanson
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#1100023 against Ryan Gallatin and Kay Collins,
BCV#1100035 against Hoai Pham and Christina Tai, ZCV #1100004 against Glen True and
Sharon Wells-True, and ZCV #1100031 against Luis Lara. The motion was seconded by
Commissioner Garcia, 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:
GREENING -Troy Swain, Department of Public Health and Environment, presented the case report
for the record and the property located at 270 Bonanza Drive, Erie, Colorado, has failed to comply
with the Rules and Regulations for Methamphetamine Laboratory Cleanup found in Chapter 14,
Article VIII, of the Weld County Code. Mr. Swain stated the department was contacted by Boulder
County Drug Task Force stating they had conducted a search and seizure of a suspected
methamphetamine laboratory located at 270 Bonanza Drive, Erie, Colorado. The Town of Erie does
not have their own ordinance so the County Code for methamphetamine labs would apply in this
matter. Mr. Swain stated they did post the property September 3, 2010, with a subsequent letter
sent to the property owner, Logan Greening, as well as a first notification posted on the property
September 7, 2010. Mr. Swain further stated an additional first notification was re-sent certified mail
and US mail on September 14, 2010, after staff had acquired a better address for Mr. Greening,with
the certified mail piece returned unclaimed, and the US mail piece not being returned. Mr. Swain
stated Tammy Greening, property owner, contacted staff, at which time staff provided a copy of the
notifications along with the information for hiring a consultant to do all the testing on the property via
email. Mr. Swain stated a subsequent second notification was sent on October 21, 2010, and the
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May 10, 2011 2011-1151
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property was posted again after not receiving any commitment from the property owners as, well as
a preliminary assessment being done on the property. Mr. Swain stated on November 5, 2010, the
department recorded a Certificate of Non-Compliance with the Clerk and Recorder's Office due to
the property owners not complying with what had been outlined in both notifications. Mr. Swain
stated the property was unsecure for a time; however, after being asked by the Erie Police
Department to secure the property, Mr. Greening did have the property secured. Mr. Swain further
stated the Notification of Hearing was sent certified mail, and US mail, as well as posting the
property was posted on April 5, 2011. Mr. Swain stated confirmation of receipt was made via
telephone with Mrs. Greening,who stated unfortunately Mr. Greening would be unable to attend the
hearing due to a business meeting already scheduled for May 10, 2011.
(Clerks Note: Commissioner Long was excused for a medical emergency at 10:06 a.m.)
Mr. Swain stated the department is seeking reimbursement for the amount of department time spent
at the property as of current. Mr. Swain referred to a fee break down sheet which is in accordance;
however,with Chapter 14-8-30, Section D, of the Weld County Code; however, travel time was not
included in this break down except for the initial visit to the property due to subsequent visits being
made while conducting other County business. Mr. Swain further stated the total fee cost as of
April 5, 2011, the date of the notification of hearing, is $337.50. Mr. Swain stated Mrs. Greening
stated they would be able to pay for the assessment and apologized for not being able to attend the
hearing today. In addition to the reimbursement of time spent, Mr. Swain is also requesting the
Board allow the Department the authority to secure the property in accordance with the Weld County
Code, Sections 14-8-50.b5 and 14-8-60, which allows the department to recover the costs of
securing the property if necessary. Currently the property has been secured by the owner.
Mr. Swain further stated because the property is within the city limits of Erie he will be working with
the Erie Police Department to secure the property in the future, if necessary, also stating it may be
the department which would need to secure the property in the future if the property owner or the
Erie Police Department are unable to do so.
In response to Chair Pro-Tem Conway, Mr. Swain explained the process in which his department
deals with a methamphetamine laboratory home raid. He stated after a home raid the department
would secure the property on their way out, if possible, and then ask the property owner to keep the
property secure in order to keep individuals out of the property. He further stated they are asking
the Board for the authority to be able to secure the property in the future, if necessary, so they can
move quickly and not have to go through a timely process.
In response to Commissioner Garcia, Mr. Swain stated at this time they are not asking to be
reimbursed for the Preliminary Assessment or the Permit fee totaling $275.00. Those fees are
associated with the review of the Preliminary Assessment which will end up taking place in the future
and there is no time limit associated with this particular process.
Commissioner Rademacher confirmed with Stephanie Arries,Assistant County Attorney,that notice
has been given and contact with the property owner has been made. In response to
Commissioner Rademacher, Mr. Swain stated the property is within the city limits of Erie.
Mr. Swain clarified for the Board the department is asking for reimbursement of time spent, as well
as asking for the authority to secure the property in the event it becomes unsecure. He further
stated the department has spoken with the County Attorney's Office to get an order for the property
owner to submit a Preliminary Assessment, which, on behalf of the department, a Preliminary
Assessment has been completed. He stated if the property owners do not submit the Preliminary
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May 10, 2011 2011-1151
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Assessment then staff would recommend the matter be referred to the County Attorney's Office for
immediate legal action. Ms. Arries concurred with Mr. Swain, that the assessment be done by the
property owner, give the department authority to secure the property if necessary, and if they refer
the matter to the County Attorney's Office, the matter will be able to be taken care of more
expeditiously.
In response to Commissioner Rademacher, Mr. Swain stated the property owner will need to contact
a qualified contractor, more specifically known as an Industrial Hygienist, to have a Preliminary
Assessment completed on the property.
In response to Commissioner Garcia, Ms. Arries stated if the matter is referred to the County
Attorney's Office once the Preliminary Assessment is completed, then the County Attorney's Office
will follow up with the property owner to make sure the procedures, according to the Weld County
Code, are followed; however, currently, the property owners have not followed the procedures
according to the time line given to them. Mr. Swain stated it is the staff's recommendation this
matter be referred to the County Attorney's Office for immediate legal action.
Chair Pro-Tem Conway provided the opportunity for public testimony; however, none was given.
Mr. Swain restated the department will periodically check on the property, verifying that it remains
secure, and will take care of any evident issues that may present themselves in the meantime. This
type of violation is time consuming and could take years to close.
In response to Commissioner Rademacher, Ms.Arries stated the State Ordinance allows the County
to have jurisdiction in these matters; therefore, this is a matter that can be dealt with within the
County.
Commissioner Garcia moved to refer this matter against Logan and Tammy Greening to the County
Attorney for immediate legal action, as well as seek reimbursement for$337.50, which constitutes
the site visits conducted by the Department of Environmental Health, authorize the Department of
Environmental Health the authority to secure the property if needed, authorize recovery of any such
costs related to securing the property, that a Preliminary Assessment be completed by the property
owner and submitted to the Health Department for review; being, that if the said assessment is not
provided to the Department of Environmental Health, the Department of Environmental Health be
authorized to obtain the Preliminary Assessment, and the cost along with all other costs incurred by
the County be reimbursed and recovered from the property owner. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
ZCV#0900299 - STEVENS: 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 is
the third time this violation has been brought before the Board; in December, 2009, due to the
occupancy of a RV/Camper trailer that was being used as a Temporary during Construction
because of the mobile home that was on the property at that time. Ms. Salzman stated the mobile
home has since been removed. She further stated in February, 2010, she again brought this matter
before the Board, and the third violation being today, May 10, 2011. Ms. Salzman stated the
RV/Camper trailer is still occupied and as she stated earlier, the mobile home has been removed.
She stated she has spoken with Wendi Inloes, Department of Planning Services, who stated she is
unable to issue another Temporary during Construction permit due to the time period elapsing
according to the Weld County Code. To bring the property into compliance, the RV/Camper trailer
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must be vacated and removed from the property. Staff recommends this matter be referred to the
County Attorney's Office for immediate legal action.
Mark Stevens, property owner, stated this past week he and his wife have been able to secure an
agreement on a mobile home for the property. He further stated he believes it will take him
approximately a week to get the plans submitted in order to obtain a permit for the mobile home. In
response to Commissioner Conway, Mr. Stevens stated it is his hope that by getting the permit in
place, staff would be willing to issue another Temporary during Construction permit during the time
they have the mobile home placed on the property and prepare to live in it.
Karla Stevens, property owner, stated that without another Temporary during Construction permit
issued to them, they will have no place to live. She further stated it will take at least a week to get
the permit for the mobile home, and then have it moved to the property and set up.
In response to Chair Pro-Tem Conway, Mr. Stevens stated it should only be a matter of a couple of
weeks before they have the mobile home on the property. He further stated they see no reason why
they could not have the mobile home moved on to the property within thirty days and they hope to
have a Certificate of Occupancy by that time, as well. Once the mobile home is in place, they will
vacate the RV/Camper trailer and return it to its original purpose. Mr. Stevens stated they will
continue to store the RV/Camper trailer on the property for recreational use only and will no longer
use it as a dwelling. Ms. Salzman stated Ms. Inloes has indicated another Temporary during
Construction permit cannot be issued at a staff level because of the length of time that has already
passed which is approximately two years, and the most time the Weld County Code allows is
eighteen months. She further stated if the Board directs Ms. Inloes to issue another Temporary
during Construction permit, Ms. Salzman foresees the approval coming back before the Board for a
determination on that application.
In response to Commissioner Rademacher, Mr. Stevens stated the year of the mobile home is 1999.
Ms. Stevens stated once the mobile home is delivered, it will still take a little time to have the home
put together and for them to obtain the Certificate of Occupancy.
Chair Pro-Tem Conway provided the opportunity for public testimony; however, none was given.
Commissioner Rademacher suggested the Board either refer the matter back to the Department of
Planning Services to work with the Stevens' and have another Temporary during Construction
permit issued, or direct the matter to the County Attorney's Office with a delay of any action for
ninety days which he feels will be pushing the issue of getting everything in place and taken care of.
Commissioner Garcia stated if the Board does refer this matter back to the Department of Planning
Services they would then have to bring the matter back to the Board for approval later.
Commissioner Garcia would prefer to refer the matter to the County Attorney's Office with a delay of
action. He further stated the County Attorney's Office has shown a great deal of prudence when it
comes to handling cases when the property owners are genuinely trying to move forward to get
things done as well as working with staff.
In response to Commissioner Rademacher, Ken Swanson, Building Official, stated he believes
because the Stevens' have most of the paper work already in progress, ninety days would be
adequate time for them to get the proper permits, have the mobile home set up, and receive a
Certificate of Occupancy.
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May 10, 2011 2011-1151
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Commissioner Rademacher moved to refer ZCV#0900299 against Mark and Karla Stevens to the
County Attorney for legal action, with the instruction to delay action upon such referral until
August 10, 2011,to allow adequate time for the property owners to acquire proper permits, have the
mobile home set up, obtain a Certificate of Occupancy, and to vacate the RV/Camper trailer. The
motion was seconded by Commissioner Garcia, and it carried unanimously.
ZCV#1100017 - HAFLEY: 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 she has been in contact with Shaun Hafley and has had
some discussions about Mr. Hafley not wanting to take time off work and requesting Ms. Salzman
schedule the hearing for a Saturday or Sunday, which Ms. Salzman informed him could not be
arranged. Mr. Hafley then requested a continuance for a later date which Ms. Salzman stated she
would recommend against due to the fact this matter has been open since 2009, as well as having
some safety issues. Ms. Salzman asked the Board if they would like to consider continuing this
matter or if she should proceed, and the Board asked her to proceed. Ms. Salzman stated in 2009,
Mr. Hafley moved a mobile home onto his property before inquiring about the permits that were
needed. When Mr. Hafley discovered he would not be eligible to use the mobile home as a rental
unit, he then applied for a temporary storage permit of a mobile home not to be occupied. In
March, 2009, Ms. Inloes sent Mr. Hafley a notice stating the six months allowed to store the mobile
home on the property had elapsed and he would need to remove the mobile home. The permit was
overlooked for any follow up until 2010, at which time Ms. Inloes again sent Mr. Hafley a letter
stating the time for storing the mobile home had expired and that the mobile home needed to be
removed. Ms. Salzman stated the notice of hearing was then sent to Mr. Hafley informing him of
when the violation hearing would take place. Ms. Salzman described pictures that were taken of the
property, indicating there had been a porch attached to the mobile home,there is skirting around the
base, and curtains hanging in the mobile home which would appear that someone is occupying the
mobile home. There have been no inspections conducted to validate the safety of the mobile home
and it appears set back requirements of the home are not being met either. To bring the property
into compliance, the property owner shall remove the mobile home from the property. Staff
recommends this matter be referred to the County Attorney's Office for immediate legal action.
Chair Pro-Tem Conway provided the opportunity for public testimony; however, none was given.
Commissioner Garcia moved to refer ZCV#1100017 against Shaun Hafley to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
ZCV#1000148-CAMPBELL: 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 staffs case summary. Ms. Salzman stated Lucinda Louden-Campbell has been in contact with
staff and has provided tenant information regarding who resides in a barn that has been converted
into a dwelling. Ms. Salzman further stated Ms. Louden-Campbell informed staff the barn was
converted into a dwelling unit before she purchased the property and that no permits were pulled to
her knowledge. Ms. Salzman stated there have been no inspections on the barn unit and there are
potential safety issues. Ms. Salzman stated the tenant's names are: Everett and Karen Robinson.
Mr. and Mrs. Robinson submitted a letter to staff to be shared at today's hearing, which was
introduced to the Board as "Exhibit A". Ms. Salzman stated Mr. Robinson apologized for not being
able to attend the hearing today, he had a prior medical engagement he had to attend.
Ms. Salzman stated this matter was initially in violation due to a report of a camper trailer that was
connected and occupied and sat just off the main road, and since has been removed,the barn is still
being occupied and an eviction notice has been given to the tenants. Approximately two weeks ago
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Ms. Salzman received another complaint stating there had been another camper trailer placed on
the property, which is being occupied. Ms. Salzman stated she contacted Ms. Loudon-Campbell to
inquire about the new camper trailer on the property. She stated Ms. Loudon-Campbell stated the
camper trailer is not being occupied. Ms. Salzman further stated the tenants claim, per their letter,
that Ms. Loudon-Campbell is occupying the camper trailer; however, she has moved it to the back
part of the property so as not to be seen and that there are new tenants living in the primary
dwelling. Staff recommends this matter be referred to the County Attorneys Office for immediate
legal action.
In response to Commissioner Rademacher, Mr. Swanson stated he can only comment on what is
needed to meet planning requirements, and if Ms. Loudon-Campbell were to meet the requirements,
she will need to hire an engineer to design the foundation, verify the safety and then submit plans for
approval to be used as a residence. He further stated the process of finding a design professional
and submitting the construction documents and an application would take approximately forty-five to
sixty days. Tom Parko, Department of Planning Services, stated the applicant did meet with staff for
a pre-application, at which time it was discussed that Ms. Loudon-Campbell could go through the
Use by Special Review(USR) process for a second dwelling or she could go through the Recorded
Exemption (RE) process and split off another portion of property to accommodate the second
dwelling.
Lucinda Loudon-Campbell stated the original camper trailer was not hers but belonged to an
individual who was keeping her horses on the property and needed a place to live. Ms. Loudon-
Campbell stated she did not realize this was a violation and has since had them remove the camper
trailer from the property. Ms. Loudon-Campbell stated she then purchased a 1987 RV for herself,
which is currently on her property; however, no one is living in it nor is it suitable to live in or use for
camping at this time. In response to Chair Pro-Tem Conway, Ms. Loudon-Campbell stated no one
is, or has, occupied the RV since she purchased it. Ms. Loudon-Campbell stated she did have the
RV placed at the front of her property near the road while she was evaluating what needed to be
done to renovate it, and she has determined the damage is extensive. She further stated she hopes
to have it restored by the end of summer, 2011, and has since moved it to the back of the property.
She entered into record a copy of the title shown as Exhibit B. Ms. Loudon-Campbell stated she
currently has other RV's, horse trailers, and smaller camper trailers stored on the property for
friends. Ms. Loudon-Campbell stated in the future she would like to bring the barn into compliance
for a second residence but does not have the means to do so at this time. She further stated for
now it is her intention to turn the barn back into its original use; a barn, tack room, and shop.
Ms. Loudon-Campbell stated in the future she would like to meet again with the Department of
Planning Services and discuss the options Mr. Parko has mentioned. Ms. Loudon-Campbell has
given the current tenants of the barn unit a thirty day notice to vacate the property, explaining to
them that at this time she is unable to bring the barn into compliance with the Weld County Code;
therefore they can no longer stay there, as referenced in Exhibit C. The tenants are however asking
for more time to vacate due to health issues. In response to Chair Pro-Tem Conway,
Ms. Loudon-Campbell stated she gave a thirty day notice on March 21, 2011, which has since
passed, further stating on April, 28, 2011, she gave them a ten day Notice to Quit, Exhibit D.
Ms. Loudon-Campbell stated this morning, May 10, 2011, she filed a Summons in Forcible Entry and
Unlawful Detainer, marked Exhibit E. She further stated she is following the procedures for an
eviction of a tenant. Ms. Loudon-Campbell stated she was not aware the barn did not meet code
and that she was in violation until she received her first letter from the Department of Planning
Services in December, 2010, at which time she shared this information with the tenants and shared
with them that she would look into the possibilities of bringing the barn into compliance; however
through her communication with staff she is unable to do so at this time and told the tenants
likewise. Ms. Loudon-Campbell explained she spoke with the tenants and explained they would
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May 10, 2011 2011-1151
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need to vacate the barn, and even if she would have been able to follow through with a USR, they
would have had to move out. Ms. Loudon-Campbell stated the tenants have never mentioned any
health concerns to her and the letter from them stating the health issues comes as a shock.
Ms. Salzman stated according to Mr. Robinson there are new tenants that have moved into the main
house as of May 1, 2011. Ms. Salzman further stated that Mr. Robinson is aware that she could not
use his letter and have him remain anonymous, as requested in the letter, therefore, Mr. Robinson
told Ms. Salzman that using the letter would be acceptable. Ms. Loudon-Campbell stated she does
in fact have tenants in the process of moving into the main house.
In response to Commissioner Rademacher, Ms. Loudon-Campbell stated she is in the process of
moving out of the house while the new tenants are moving in to lease the property from her.
Commissioner Rademacher stated he believes there are too many trailers on the property, and
referred to staff for Weld County Code requirements. Ms. Salzman stated if Ms. Loudon-Campbell
is charging rent to store the trailers on the property then she will definitely need to apply for a USR;
however, if she is only storing them, and the trailers are not derelict, then there is not anything
specific in the code that states she cannot have them. In response to Ms. Loudon-Campbell,
Commissioner Rademacher stated as long as there is not money being exchanged for the use of
storing them on the property she is fine.
Ms. Loudon-Campbell stated she is not aware of how long the process is to evict a tenant; she is
trying to follow procedure and has been told it could take up to six months if the tenants acquire an
attorney. Ms. Arries stated the amount of time will depend on what direction the defense takes;
however, according to the letter from Mr. Robinson they will be able to vacate the property in
approximately fifteen days. This being said, Ms. Arries stated she would assume it will take less
time for them to be out of the home than to follow through with the eviction process.
Chair Pro-Tem Conway provided the opportunity for public testimony; however, none was given.
Discussion of the Board commenced and Commissioner Rademacher stated he believes thirty days
would be more than enough time for this matter to be remedied, with a follow up from staff to verify
the barn has indeed been vacated and no one else is living in it. Commissioner Garcia stated he
believes immediate legal action would be applicable as well; however, he would be fine with
Commissioner Rademacher's suggestion, as well. Chair Pro-Tem Conway stated he would
recommend thirty days due to the fact the tenants have health issues and may need the time.
In response to Chair Pro-Tem Conway, Ms. Salzman stated she did speak to Mr. Robinson this
morning and he stated they are waiting for the hot water heater to be fixed in the intended rental,
and as soon as it is completed they will be able to move from the current property to the new
property, further stating ten to fifteen days would be sufficient.
In response to Commissioner Rademacher, Ms. Salzman stated staff will do a follow up to verify the
vacancy of the barn and will be keeping the case open in order to verify the property stays in
compliance.
Commissioner Garcia moved to refer ZCV #1000148 against Keith Campbell and
Lucinda Loudon-Campbell to the County Attorney for legal action,with the instruction to delay action
upon such referral until June 10, 2011, to allow adequate time for the property owner to have the
barn vacated by the current tenants and restored to its original purpose. The motion was seconded
by Commissioner Rademacher, and it carried unanimously.
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ZCV#1000140-TREVINO: 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 property is currently out of compliance do to several
commercial vehicles being stored on the property. To bring the property into compliance, a Use by
Special Review (USR) application shall be submitted to the Department of Planning Services, and
further stating Adolph Trevino submitted the seven day completeness review packet in March, 2011,
and comments were sent back to him on April 8, 2011, which is included in the violation packet.
Ms. Salzman stated staff has not received the comments back from Mr.Trevino in order to make the
application complete; therefore, staff does not have a complete USR application in the office and
would recommend this matter be referred to the County Attorney's Office with the delay of legal
action for one week to give Mr. Trevino time to submit the requested documentation to staff in order
for the application process to start.
Adolph Trevino, property owner, stated it was his understanding he had completed all the questions
as well as the affidavit from his neighbors, as requested. In response to Chair Pro-Tem Conway,
Ms. Salzman stated the completeness review was submitted at the end of March, 2011, and
comments were mailed to Mr. Trevino on April 8, 2011, Mr. Trevino still needs to pay all fees
associated with the USR, and submit comments in response to the Department of Public Works, as
well as the Health Department. Mr. Trevino stated he was not sure if he needed to pay the fees up
front or if he needed to come to the hearing first; however, he now understands and will submit the
payments as soon as possible.
In response to Chair Pro-Tem Conway, Ms. Salzman stated as soon as the items that are delineated
in the completeness review packet and the fees are submitted,the application will go out for referral,
then eventually to a hearing; however, until everything that is outlined in the packet has been
submitted, staff cannot start the application process.
Mr. Trevino explained to the Board he is not running his business off of the property, he and his
brothers are only using it as storage of the commercial vehicles. In response to
Chair Pro-Tem Conway, Mr. Trevino stated he now understands what he needs to do in order for
staff to move forward with the application for the USR. Ms. Salzman stated Mr. Trevino will need to
submit a new Certificate of Conveyance due to they are valid for only thirty days after completion; in
addition, Mr. Trevino will need to take all the dated documents he has already submitted and have
them re-dated, and he will be able to speak with Michelle Martin, Department of Planning Services,
regarding those papers. Mr. Trevino stated he believes he will be able to complete this request
within thirty days.
Chair Pro-Tem Conway provided the opportunity for public testimony; however, none was given.
Commissioner Rademacher moved to refer ZCV#1000140 against Adolph Trevino to the County
Attorney for legal action, with the instruction to delay action upon such referral until June 10, 2011,
to allow adequate time for the property owner to submit all required documents to the Department of
Planning Services for the Use by Special Review permit as well as pay all fees associated with the
process. The motion was seconded by Commissioner Garcia, and it carried unanimously.
ZCV#1100007-STREVEY: 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 tenant, Summit Interlock, is with a registered agent
listed as Stephen Agee. Ms. Salzman stated this is part of Garagetown Del Camino Condo,which is
a storage unit complex where the units can be sold. Ms. Salzman stated the entire subdivision is
within the current PUD and is already permitted under Site Plan Review (SPR) #387 which
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specifically prohibits commercial business' being run out of the storage unit. Tenants are able to
store materials and supplies for their business; however, they cannot actually conduct business out
of the unit. To bring the property into compliance,the property owner would need to apply for a Use
by Special Review(USR) as well as submit additional and amended land use permits in accordance
with Site Plan Review#387; however,the property owner would need to speak with Frank Newberry
who is part of the Home Owners Association. Ms. Salzman further stated property owner,
Daniel Strevey, has installed a dividing wall within the unit as well as a urinal without acquiring the
proper permits. Ms. Salzman stated the dividing wall poses a large safety issue and the fire
department has warned them multiple times. She further stated there has been a pass through door
installed in the dividing wall; however, the tenants often have it blocked off and if there were to ever
be a fire or the electricity was to go out, the only man door is located on one side of the unit and the
garage door would be too heavy to lift by one's self, which poses an immediate safety issue.
Ms. Salzman stated it is her understanding Summit Interlock has been bought out and is now being
run by Colorado Interlock which in essence is the same type of company, and is known for installing
breathalyzers into vehicles. Staff recommends this matter be referred to the County Attorney's
Office for immediate legal action.
In response to Chair Pro-Tem Conway, Ms. Salzman stated these are only storage units, not
actually units that a business can be run out of, which is what the tenants are doing. She further
stated this was complaint driven, and she has contacted the property manager and informed him
that she is not able to tell if there is actually a business being run out of the units, due to the fact they
could pull the vehicles into the unit to do the install. The property manager informed Ms. Salzman
there is still commercial activity being conducted out of the unit, also stating he believes the tenants
have changed from Summit Interlock to Colorado Interlock, but the owner remains the same.
Ms. Salzman stated staff would make sure the tenants, as well as the property owner, are listed in
the court documents. Ms. Salzman further stated the property owner is aware of what he needs to
do and has come in to do a pre-application for a USR which would include the whole complex, not
only his unit. Ms. Salzman stated the property manager has stated they are not willing to do the
USR, so the application would most likely not be approved, due to the fact that the property
management will not approve.
Chair Pro-Tem Conway provided the opportunity for public testimony; however, none was given.
Commissioner Garcia moved to refer ZCV#1100007 against Daniel and Jana Strevey to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Rademacher, and
it carried unanimously.
ZCV#1100042-CALDERON: 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 staffs case summary. Ms. Salzman stated this is a repeat violation, which started in 2005 for the
storage of commercial vehicles and equipment, as well as a non-commercial junkyard; this matter
was referred to the County Attorney's Office and was subsequently brought into compliance. She
further stated in 2007 the property was again placed in violation for the storage of commercial
vehicles and equipment, at which time, Damaris"Marco" Calderon stated he had rented a new site
to park his commercial vehicles and equipment, and the matter was again closed. Ms. Salzman
stated this property was posted on May 6, 2011, by Michelle Martin, Department of Planning
Services. Ms. Salzman referred to several pictures that were taken of the property showing the
commercial vehicles along with several old truck tires placed on the property. To bring the property
into compliance, a Use by Special Review (USR) is required for this type of activity. She further
stated this property is zoned (A) Agricultural, also stating four of the properties surrounding
Hearing Certification, Zoning Violations
May 10, 2011 2011-1151
Page 9 PL0824
Mr. Calderon's property are zoned Agricultural, and there are also properties in the area that are
zoned 1-3 (Industrial).
Marco Calderon, property owner, stated he stores commercial vehicles that are not his and just
down the road from him there is a car auction that many people attend. After they have purchased
the vehicle, they sometimes need to do some work and are unable to do the work needed at the
auction, so they will ask if they can work on their vehicles on his property for a day or two.
Mr. Calderon stated he does not charge anything for the temporary storage, further stating he
understands that if he is not able to keep the cars there, he will put a sign up stating as much.
In response to Chair Pro-Tem Conway, Mr. Calderon stated he does have his own truck on the
property along with about thirty tires which he will take to a tire mount in Hudson to discard. He
further stated the other truck belongs to someone who purchased it at the auction and asked if he
could put it on the property for a couple of days, and Mr. Calderon has not been able to contact the
owner; however, he could tow the truck out to the road, and again try to make contact with the
owner, letting him know he can no longer store it and that he will need to pick it up.
In response to Commissioner Rademacher, Ms. Salzman stated the cargo containers in the pictures
are part of an adjacent property which is located in the town of Brighton. She further stated
Mr. Calderon has other commercial trucks that are kept on this property when they are not out on
the road. When the trucks are on the site, and if they need maintenance, he will conduct that in the
shop located on the property. Ms. Salzman stated a USR is required for this property and all of the
issues listed above could be incorporated into the USR.
In response to Commissioner Rademacher, Mr. Calderon stated he does not have a problem with
following through with obtaining a USR, although he does not have his trucks on the property a lot.
Over the winter he did not have any of his trucks on the property,they were all out of state or located
at another site. He further stated, since the violation, he has been parking the commercial vehicles
at another location that is allowed to have the trucks.
Commissioner Rademacher stated Mr. Calderon has a couple different choices, he can cease
parking his trucks on his property and park them at another location that is permitted to have the
additional vehicles, as he previously stated, as well as remove all the tires, or he can contact staff
and begin the USR process. Ms. Salzman stated the fee for the USR on his property is$2,500.00,
and if the USR is approved, Mr. Calderon would be able to park the additional trucks and store the
tires on the property, and he could also include in the USR the storage of the other cars for the
people who have purchased vehicles from the auction.
Commissioner Garcia mentioned Ms. Salzman has documented a phone conversation between
Mr. Calderon and herself, with Mr. Calderon stating he did not believe a USR was necessary and
would like to have a judge in the courts make that determination. Commissioner Garcia further
stated this would be another option Mr. Calderon has; the Board could refer the matter to the County
Attorney's Office for immediate legal action and let the courts determine the outcome. Mr. Calderon
stated he does not understand why, if the property next to his can have unlimited trucks parked on
the property which come and go at all hours of the day, why he then cannot keep his two or three
truck on his occasionally. Commissioner Rademacher stated the neighbors have a USR which
makes them in compliance, hence the reason they are allowed to conduct business the way they
are. Commissioner Rademacher stated Mr. Calderon is allowed one commercial vehicle on his
property because of the Use by Right; however, he cannot have the other commercial vehicles on
the property or he will be out of compliance.
Hearing Certification, Zoning Violations
May 10, 2011 2011-1151
Page 10 PL0824
In response to Chair Pro-Tern Conway, Ms. Salzman stated the reason Mr. Calderon is out of
compliance is due to the tires being stored and the second commercial vehicle on the property. She
further stated Mr. Calderon should not have the tires visible on the property at all because his
property is zoned Agricultural, not Industrial.
In response to Commissioner Rademacher, Mr. Calderon stated he will start the process of the USR
and believes thirty days will be a sufficient amount of time to have the tires removed from the
property, as well as have all extra vehicles removed understanding he can keep only one
commercial vehicle on the property at one time. Chair Pro-Tern Conway stated if Mr. Calderon
would like to keep more than the one truck on his property, he will have to go through the USR
process, but until then, he cannot have the vehicles from the auction parked on his property nor
have any other trucks, whether they are his or someone else's, on the property.
Chair Pro-Tern Conway provided the opportunity for public testimony; however, none was given.
In response to Commissioner Rademacher, Ms. Salzman stated all three occurrences were
complaint driven.
Commissioner Garcia moved to refer ZCV #1100042 against Damaris Calderon to the County
Attorney for legal action, with the instruction to delay action upon such referral until June 10, 2011,
to allow adequate time for the property owner to remove all vehicles and tires, excluding the one
allowed commercial vehicle, from the property, or a Use by Special Review application shall be
completed and submitted to the Department of Planning Services for processing. The motion was
seconded by Commissioner Rademacher, and it carried unanimously.
ZCV#1100025-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 property is zoned C-3 (Business Commercial) and
would require a Site Plan Review(SPR)for commercial activity. Ms. Salzman further stated it is her
understanding a pre-application was conducted with Abelardo Vega May 28, 2010, advising him he
would need to complete the SPR; however, no documentation has been submitted and he continues
to operate on the property. To bring the property into compliance, a Site Plan Review application
needs to be completed and submitted to staff. Staff recommends this matter be referred to the
County Attorney's Office for immediate legal action.
In response to Commissioner Rademacher, Ms. Salzman stated Mr. Vega was advised on
May 28, 2010, he would need to complete a SPR application which is administrative and he would
not need a USR due to the use of the property being an auto dealership. She further stated this is a
very simple process.
Chair Pro-Tem Conway provided the opportunity for public testimony; however, none was given.
Commissioner Rademacher moved to refer ZCV#1100025 against Abelardo Vega to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
It was asked of the Board to consider re-opening the matter of ZCV #1100025, Abelardo Vega.
Nancy Vega, personal representative of Abelardo Vega, property owner, had stepped out with her
grandchild when the matter was first called up to be heard. Commissioner Rademacher moved to
re-open violation ZCV #1100025, Abelardo Vega. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
Hearing Certification, Zoning Violations
May 10, 2011 2011-1151
Page 11 PL0824
Ms. Salzman presented the case again for the Board as well as the property owner.
Nancy Vega, personal representative of Abelardo Vega, property owner,who was not present at the
hearing, stated the auto dealership has been in operation since before she and her husband
purchased the property. Ms. Vega stated she has asked the tenant for his license of operation;
however, it has not been provided. In response to Commissioner Conway, Ms. Vega stated they
believed the property to have already been in compliance, further stating they are willing to do what
is needed in order to bring the property into compliance at this time.
Ms. Salzman stated the Vega's need to submit a SPR application. Mr. Parko stated the SPR
application is based on the square footage of the buildings. Not knowing the exact footage of the
buildings at this time he can only supply the tiered amounts of the square footage break down: if the
square footage is less than 10,000 square feet the cost would be $2,100.00, if the square feet is
between 10,000 square feet and 20,000 square feet the cost would be$5,000.00, and increases as
the square footage increases. Ms. Salzman stated the Vega's came into the Department of
Planning Services in December, 2010, and the planner at that time would have gone over the costs
with them.
Ms. Salzman stated the Vega's purchased the property in 2006,which would not qualify the property
as a Nonconforming Use; they would need to prove the auto dealership was established prior to
1982. In response to Ms. Vega, the Board recommended the Vega's inquire at the Assessor's
Office, look through old phone books, and contact the state for a sales tax license to try and prove
the auto dealership was, in fact, in existence prior to 1982. Ms. Salzman also suggested contacting
the previous owner and working with the tenant to obtain the information needed. She further stated
she would suggest that staff include the name of the current tenant in the court papers which might
urge him to cooperate with staff and the Vega's.
Ms. Vega stated she believes thirty days will be a sufficient amount of time to either obtain
documents proving the property has, in fact, been an auto dealership since 1982, or begin the
process for the SPR.
Ms. Salzman stated staff will modify their recommendation to state and refer the matter to the
County Attorney's Office, but delay legal action for thirty days.
Chair Pro-Tem Conway provided the opportunity for public input; however, none was given.
Commissioner Garcia moved to amend the previous motion and refer ZCV #1100025 against
Abelardo Vega to the County Attorney for legal action,with the instruction to delay action upon such
referral until June 10, 2011,to allow adequate time for the property owner to prove the property has
been an established auto dealership prior to 1982, or begin the Site Plan Review application
process by submitting all required documentation to the Department of Planning Services. The
motion was seconded by Commissioner Rademacher, and it carried unanimously.
ZCV#1000164 - ENGER: 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 Beverly Enger has made substantial progress in bringing
the property into compliance. The property owner must remove all remaining trash from the
property, as well as remove the derelict vehicle or restore it to working condition. Staff recommends
this matter be referred to the County Attorney's Office with a delay of legal action for sixty days.
Hearing Certification, Zoning Violations
May 10, 2011 2011-1151
Page 12 PL0824
Ms. Salzman stated Ms. Enger does have an individual that is willing to remove the vehicle from the
property; she just has to make the accommodations for it to be removed.
In response to Commissioner Rademacher, Ms. Salzman stated staff is recommending the sixty
days due to the fact that Ms. Enger has had several personal issues arise during this time and
because she has already made a substantial amount of progress.
Beverly Enger, property owner, submitted her new address of residence as 7992 Silver Burch
Boulevard, Longmont, Colorado. Ms. Enger stated her mother passed away last year and she has
been moving items from her mother's home to her own in order to go through them to see what is
salvageable. She further stated her mother's home is currently under contract and she has been
working with several different venues to have the items removed from the property. Ms. Enger
stated there are some items that she and her family still need to sort through and she is planning on
having a shed built at her own residence in order to store the items until they have time to go
through them. She further stated the closing on her mother's home is not scheduled to take place
until June, 2011. In Response to Chair Pro-Tem Conway, Ms. Enger believes sixty days will be
adequate time for her to satisfy the violation.
In response to Commissioner Rademacher, Ms. Salzman stated the property is located in
unincorporated Weld County.
Chair Pro-Tem Conway provided the opportunity for public testimony; however, none was given.
Commissioner Rademacher moved to refer ZCV #1000164 against Beverly Enger to the County
Attorney for legal action,with the instruction to delay action upon such referral until July 10,2011,to
allow adequate time for the property owner to remove all trash from the property and either remove
the derelict vehicle or restore it to running condition. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
ZCV #1100013 - CUNNINGHAM: 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. The current tenant of the property is Cliff Simpson dba
C&H Excavating. Ms. Salzman stated Mr. Simpson,through Bill Hall, representative, has submitted
an Amended Recorded Exemption (AmRE)to clear up some lot line necessities on the property, and
in addition Mr. Hall completed the seven day completeness review packet on May 5, 2011. She
further stated staff believes most, if not all, of the packet is complete; however, she has not been
able to verify the status with staff prior to today's hearing. Ms. Salzman stated if all required
documents have been turned in, staff does have a complete Use by Special Review application;
therefore, staff is recommending this matter be referred back to the Department of Planning
Services.
Bill Hall, personal representative for Doris Cunningham, property owner, and Cliff Simpson, tenant,
apologized for having to be here today. The original RE has had to be amended due to the property
lines being laid out incorrectly. He further stated another reason for the delay in getting the AmRE
finalized was due to Ms. Cunningham attempting to purchase a piece of property directly behind her,
at which time she could then address all issues at one time; however,the property owner was out of
state and did not want to respond in a timely manner. Mr. Hall stated he and the Department of
Planning Services had a misunderstanding about the application; however, it is complete and was
submitted just this morning prior to the hearing.
Hearing Certification, Zoning Violations
May 10, 2011 2011-1151
Page 13 PL0824
Mr. Hall stated the original Use by Special Review (USR) was set up as a produce processing
business and warehouse, the old Tateyama Barn. He further stated when Ms. Cunningham
purchased the property she made the decision to operate a trucking business from the property.
She had been asked to complete a USR which was started; however, was never completed.
Mr. Hall stated Mr. Simpson's company, that is also being run from the property, is to supply oil
companies with equipment for their sites, such as stairways, cattle guards, and tanks. This entire
area will be surrounded by an opaque fence, and there has already been a dust mitigation plan
completed. Mr. Hall stated Mr. Simpson's company employs thirteen people.
Sandy Winter, neighbor, stated she represents some of the neighbors that surround the area.
Ms. Winters stated their concern is how well the upkeep of the property will be, further stating the
neighbors do not believe Ms. Cunningham or Mr. Simpson have kept the property up thus far.
Commissioner Rademacher stated Mr. Hall will be submitting documents for a new USR, at which
time there will be a public hearing that will provide the opportunity for the community to voice their
concerns. Chair Pro-Tern Conway explained the process of the USR and how the public will be
notified so that everyone will have the opportunity to provide input that both Staff and the Board will
take into consideration. Mr. Hall stated he is unaware of any of the neighbors that are opposed to
the businesses that are being conducted by Ms. Cunningham and Mr. Simpson. The Board
suggested Mr. Hall take the time to contact Ms.Winter and the neighbors that have concerns, prior
to the hearings, to discuss the plans of the property and any concerns they may have.
Commissioner Rademacher moved to refer ZCV#1100013 against Doris Cunningham back to the
Department of Planning Services. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
BCV#1100011 -GOMEZ: 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 staff's case summary. Ms. Gregory stated this violation is for
what appeared to be an unpermitted building; however, staff has a 1995 building permit which the
Assessor's Office shows is for a 1,440 square foot building which is what was permitted by the
Department of Planning Services. Ms. Gregory and Ms. Salzman have both spoken with
Adolfo Gomez and Barbara Morgan who have stated they both believe the building was properly
permitted. Ms. Gregory further stated the building encroaches on the property line which is owned
by the railroad. After doing some research she spoke again with Ms. Morgan, who is working with
Mr. Gomez, to help sort out his affairs due to Mr. Gomez being diagnosed with early Alzheimer's.
When further discussion of the building in question occurred, Ms. Morgan stated she had spoken
with the previous property owner, Ken Burough, who believes he had the building permitted and
asked that Ms. Gregory contact him. Ms. Gregory contacted Mr. Burough to discuss the permit and
the building. Ms. Gregory stated the building is a 2,500 square foot building and the permit that staff
has is for a 1,440 square foot building, at which time Mr. Burough stated he may have built an
addition onto the building without a permit. Mr. Burough informed Ms. Gregory he may be willing to
arrange for a survey on the property, believing the building does in fact meet the setbacks required.
To bring the property into compliance, the addition on the building will need to be removed with an
inspection to verify the building is structurally sound after the removal of the addition, as well as
permitting the building for any utilities that have been added.
Barbara Morgan, personal representative for Adolfo Gomez, property owner, stated she is a little
confused,they were first told there were not any permits pulled for the barn, and then they were told
there was a permit issued in 1995 for a certain square footage. She further stated Mr. Burough
stated he believed another permit was issued for the additional square footage; however,
Ms. Morgan and Mr. Gomez do not have any proof of either of these permits. Ms. Morgan stated
Hearing Certification, Zoning Violations
May 10, 2011 2011-1151
Page 14 PL0824
Mr. Burough stated he was given a plat and was told he had 90 feet from the corner of the back of
his house which was the property line, at which time he built the addition to the barn and believed he
was in compliance. She further stated Mr. Burough was issued a permit for a building with 1,440
square feet, there was a small fire in the building which required another permit to be issued to
reconstruct that part of the building. Ms. Morgan further stated Mr. Burough then decided to build
the addition to the building and was under the impression he had the additional ninety feet to build
as he desired, further stating the Department of Planning Services signed off on the permit.
Ms. Morgan stated they are now trying to understand what needs to be done,they have been told by
staff they need a structural engineer and someone to survey the property; however,they believe the
building permits were signed off on. The question they now have is do they have the ninety feet as
previous expressed or do they only have approximately sixty-five feet. Ms. Morgan stated they
understand this particular building is an issue and are being told they need to remove twenty feet of
the building for the set back on the property. Their concern now is this will not be an easy task and it
will be a large financial burden for Mr. Gomez.
In response to Commissioner Rademacher, Ms.Arries stated because it is the County that requires
a setback on a property she does not believe a waiver from the railroad or the Board would make a
difference.
In response to Chair Pro-Tem Conway, Mr. Swanson stated the building code requires a setback of
five feet from the property line because it is considered an accessory structure. Ms. Morgan stated
the building only sits 13.5 feet into the railroad property. Commissioner Rademacher stated if the
building sits 13.5 feet into the railroad property that would mean 18.5 feet of the building would need
to be removed. Mr. Swanson stated if the building was any closer than the 18.5 feet to the property
line there would be a fire wall, and other means to correct the issue would have to take place.
Commissioner Rademacher stated he believes the Board could waive the setback rule in this
matter; however, Ms. Arries explained that as the building sits now, it is currently considered
trespassing on the property and permission has not been granted by the railroad for Mr. Gomez to
leave the building where it currently is. Ms. Salzman clarified that the complaint was not initiated by
the railroad.
Ms Salzman stated Mr. Gomez could take the matter to the Board of Adjustment(BOA)to appeal for
a variance; however, the railroad would still need to approve the building being on their property.
Chair Pro-Tem Conway stated the process to contact the railroad is a timely process;therefore,the
Board would like comments from staff on what they believe an adequate amount of time would be.
Ms. Arries stated if Mr. Gomez plans to go through the BOA, process she would recommend the
matter be referred back to the Department of Planning Services. Ms. Morgan stated from the time
they purchased the property in 2002, they have been trying to contact the railroad to no avail, and is
pleased they will have some direction on how they may speed this process up.
Chair Pro-Tem Conway provided the opportunity for public testimony; however, none was given.
Ms. Gregory stated Mr. Gomez is still required to apply for a building permit for any electrical work or
any interior changes that have been completed since the last permit was issued.
Commissioner Rademacher moved to refer BCV#1100011 against Adolf Gomez Jr. back to the
Department of Planning Services. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
Hearing Certification, Zoning Violations
May 10, 2011 2011-1151
Page 15 PL0824
ZCV#1100018 -GOMEZ: 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 was complaint driven due to a camper
trailer that was being occupied, and upon inspection of the property, Ms. Salzman stated she
discovered other aspects of the property that would also be in violation. Ms. Salzman further stated
the camper trailer has since been removed from the property, as well as some of the trash. She
stated commercial vehicles and a non-commercial junkyard still need to be removed from the
property. Ms. Salzman stated this property is zoned R-1 (Residential); therefore, the storage of
commercial vehicles and the non-commercial junkyard is not an allowed use even if the property is
screened. Ms. Salzman stated during her inspection yesterday she noted there were still tires being
stored, commercial vehicles, a duplex, and three additional houses located on the property. She
further stated there appears to be five permitted residences on the property which appear to be
older and would be considered non-conforming. Ms. Salzman stated the shop located on the
property would need to be occupied by the current tenants, and not a sixth tenant,which is also part
of the violation at this time. Ms. Salzman showed a 2008, aerial photograph of the property showing
the addition to the building clearly over the property line. To bring the property into compliance, the
remaining trash shall be removed, all commercial vehicles must be removed, and the tenant of the
shop must reside on the property and not conduct any commercial repair or storage of any type from
the shop. Staff is recommending this matter be referred to the County Attorney's Office with a delay
of legal action for thirty days.
Commissioner Rademacher stated in 1974 this area was zoned R-1 (Residential)and there may be
several business on the east side of County Road 27 that are potentially out of compliance.
Ms. Salzman stated she has been in contact with three businesses, one of which was to be heard at
today's violation hearing; however, he has removed all of his commercial equipment from the site;
therefore, Ms. Salzman now only has two others violations, one of which is non-conforming.
Commissioner Rademacher stated he has been in contact with Mayor Holton in Fort Lupton. He
further stated Weld County and Fort Lupton have an Intergovernmental Agreement (IGA) for this
portion of the road and are discussing the possibilities of rezoning the area to either a Commercial
Zone District or Agricultural Zone District; however, he has not heard back from Mayor Holton. He
further stated besides the zoning violation issues the building is visually encroaching the railroad
property, which needs to be addressed.
In response to Commissioner Rademacher, Mr. Parko, stated in 1972 and 1984 County staff drove
around the county and looked at the uses of the properties, at which time they determined the use
for the area and it was then zoned accordingly. At that time,this particular area looked to be mainly
residential, therefore, was zoned likewise. Mr. Parko stated individuals are allowed to go to the
Department of Planning Services and apply for a change of zone or there is a process for a change
of zone that is located in Section 23-2-20 of the Weld County Code that allows the County
Commissioners to initiate a change of zone to the official zoning map. Mr. Parko stated because the
property is located in the Fort Lupton Urban Growth Boundary Area, any change of zone would need
to be deferred to Fort Lupton. Mr. Parko stated he has been in contact with Todd Hodges, Director
of Fort Lupton Planning Department, about the situation and it is his understanding that Mr. Hodges
would take the matter to the City Council and discuss it, but has had no further discussions.
In response to Commissioner Rademacher, Mr. Parko stated the property owners would not be able
to do a Use by Special Review (USR) because of the residential zoning.
Barbara Morgan, personal representative for Adolfo Gomez, property owner,stated Mr. Gomez has
the barn which has three stalls he has rented out and was not aware this was not allowed.
Hearing Certification, Zoning Violations
May 10, 2011 2011-1151
Page 16 PL0824
Ms. Morgan stated it appears that any correspondence from the Department of Planning Services
was being mailed to Mr. Gomez's old address; so April 7, 2011, was the first they learned of the
violation, and at which time Mr. Gomez told the two tenants they would need to remove all
commercial business related items from the property. She further stated one of the tenants
contacted the Department of Planning Services to discuss the reason he had to leave, which
ultimately led to him vacating the property. Ms. Morgan stated the second tenant has been working
toward getting all his vehicles and equipment removed from the property and has made substantial
progress. Ms. Morgan further stated they would like to ask for more time to get the property totally
cleaned up in order to have the violation removed. In response to Commissioner Conway,
Ms. Morgan stated she believes thirty days would be an adequate amount of time to finalize the
cleanup of the property.
Commissioner Garcia moved to refer ZCV #1100018 against Adolf Gomez Jr. to the County
Attorney for legal action, with the instruction to delay action upon such referral until June 10, 2011,
to allow adequate time for the property owner to remove the noncommercial junkyard of all derelict
vehicles and remaining miscellaneous debris, and the property owner must also remove all
remaining commercial vehicles that are being stored on the property. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
BCV#1100003-TRUE: 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 was initiated as a complaint of a dwelling in
an Agricultural Exempt building. Ms. Gregory further stated an Agricultural Exempt permit was
issued in 2009, for a pre-engineered steel building with no utilities for farm equipment storage.
Ms. Gregory stated in January 11, 2011, the building inspector spoke to the owner on the site;
however, was not allowed to enter the building to confirm the usage of the building; however, the
inspector did observe what appeared to be plumbing vents coming through the second story wall
and ground vents for a possible holding tank or septic. She further stated the building inspector also
observed electrical service entering the building and a satellite dish on the side of the building.
Ms. Gregory stated Glenn True and Sharon Wells-True met with staff on January 17, 2011,at which
time they stated the building is post frame and not steel frame as originally approved in the
Agricultural Exempt permit, further stating the building has two bathrooms, a kitchen, office,exercise
room, has been insulated, has plumbing, and electrical service. Ms. Gregory further stated
overhead heaters have been installed and the True's were told at that time they needed a building
permit for the change of use of the structure and to include all utilities. Ms. Gregory stated during
this meeting, Kim Ogle, Department of Planning Services, stated they would also need to permit the
business by submitting a Use by Special Review application (USR) or apply for an in-home
occupational permit (if it appeared the business would qualify), further stating the other option
Mr. True has is to return the building back to its original intended Agricultural use. Mr. Ogle also
gave Mr. True the option to submit a USR application for the business and a second dwelling in the
event they wish to expand the business. Ms. Gregory stated on May 4, 2011, Ms. Wells-True met
with staff and submitted a payment for a USR for a second dwelling and building plans were
discussed at that time. Mr. Swanson requested that he be able to do a site inspection and
Ms. Wells-True stated she would need to speak with Mr. True and then get back to staff with the
answer. Mr. Swanson then received a call from Ms. Wells-True and a time was set for the
inspection on May 6, 2011. Ms. Gregory stated during the inspection it was determined that
electrical permits must be submitted for two structures, due to electrical having been installed
without permits, and a car port which was also installed without permits. Ms. Gregory further stated
on May 9, 2011, Ms. Wells-True came to the office and submitted the USR application; however, not
all the required information was provided. Staff is recommending this matter be referred to the
Hearing Certification, Zoning Violations
May 10, 2011 2011-1151
Page 17 PL0824
County Attorney's Office but delay legal action for thirty days, due to substantial progress having
been made on submission of the required information to process the permits.
In response to Commissioner Rademacher, Ms. Gregory stated Mr. True has started the USR
process for the second dwelling on the property and a home occupation permit has been issued as
well.
Sharon Wells-True, property owner, stated they were not aware they were in violation until the
complaint came in, and since that time they have been working with the Department of Planning
Services and have paid all the required fees for the USR, submitted all required documents, and
have applied for all required permits. She further stated they have discovered an issue with the
electrical permit and getting it signed off on, due to the electrician not being in business any longer;
however, they have contacted another company who will be coming to the property to do an
electrical inspection. She further stated they also have a plumber coming to inspect the plumbing.
In response to Commissioner Rademacher, Ms. Wells-True stated she would like to have sixty days
to get everything done; however, she knows if they were able to complete everything necessary
earlier it would be better.
Kirk Stoothoff, neighbor, stated he and his wife are concerned about the building, not that the True's
have the proper permits, but that they are conducting business from this building. Mr. Stoothoff
stated the True's are claiming the company to be a home occupational business; however, he
believes it is anything but that. The company has been in operation for fourteen years and is well
established, even reaching nationwide distributions. Mr. Stoothoff stated the True's built this
Agricultural building on the property with the intention of setting up this business and an apartment
on the second floor for them to live in.
Commissioner Rademacher stated Mr. True is applying for a USR, at which time the public will have
possibly two separate opportunities to voice any concerns they have with the second dwelling;
however, it will not address the business. Mr. Parko stated the True's have applied for a Class 1
Home Occupational permit which has already been awarded; this permit was approved
administratively and would not have been addressed with the public.
Mary Stoothoff, neighbor, stated she is glad to hear the True's are applying for the applications and
pulling the permits which were required at the beginning of this process; however, she and her
husband did raise concerns with the True's when they first began construction of the building and
the sturdiness of the building. She further stated when she and her husband bought their property,
they witnessed a loafing shed destroyed by a micro burst and went to the True's to voice their
concern about their building as well. Ms. Stoothoff stated Mr. True made a comment to her and her
husband regarding an addition that was constructed on the Stoothoff's property and that he thought
it was ridiculous they would pull permits and follow the Weld County Code. Ms. Stoothoff stated her
concern is this business was licensed in the State of Colorado in October, 1997, and is listed as a
manufacturer and distributor of True Goo Tire Sealant and she would like to know exactly what they
are manufacturing in this building. When she and her husband first moved to the property next door
the True's took them for a tour of the building, and she stated there were pallets of who knows what.
Ms. Stoothoff stated some of the concerns they have are the odors (burnt rubber smell), a
significant increase in the mouse population which has caused well over a thousand dollars on
vehicle repair,the amount of mice they have found on their property that are dead, and the fact they
lost a fair amount of their garden last year due to the mice. She further stated they do not know
what type of chemicals the True's are using and are concerned the mice may be carrying the
chemicals to their property.
Hearing Certification, Zoning Violations
May 10, 2011 2011-1151
Page 18 PL0824
In response to Commissioner Conway, Mr. Stoothoff stated the company was established in
October, 1997, at a different location, and it was not until only a couple of years ago they moved to
the current property, bringing the business with them, and building the new structure.
Commissioner Rademacher recommended the Stoothoff's notify the Environmental Health
Department with the above mentioned concerns and they will come out to the property and conduct
an inspection. Commissioner Rademacher further stated the business has been approved and it
will be the County's responsibility to make sure the business stays within the guidelines of how it
was approved to begin with. Ms. Gregory stated Lauren Light, Department of Environmental Health,
has done an inspection; however, it was only for the septic and the Stoothoffs will need to notify the
Department of Environmental Health with these other concerns and could speak with Trevor Jiricek.
Mr. Stoothoff stated there is also a concern with the size of the business. He stated they do have a
small business, AAA Discount Banner&Sign; however, they have not seen much activity from this
business. He further stated the True Goo business is most definitely a large business and he would
not qualify it as a small Home Occupational business.
In response to Commissioner Rademacher, Mr. Parko stated staff has discussed the options and
the size of the business at great length with the True's and it was decided in January, 2011, by
the True's, that because they did not have any employee's and there would not be any customers
coming to the property,they did not want to include the business in the USR process for the second
home. Staff at that time determined the Home Occupational Class 1 would be most beneficial for
the True's.
In response to Commissioner Conway, Mr. Stoothoff stated last year they did see approximately five
employees and were introduced to two high school age girls that were working for the True's;
however, recently they have not seen any employees at the property.
Ms. Wells-True stated they do have a home based business, they do have two employees, she and
her husband, they have no customers that come to the property, and they do not have any signage
on the property for the business. As far as the chemical smells she stated their MSDS (Material
Safety Data Sheet) shows they are in compliance, and the product is patented. Ms. Wells-True
stated they have mouse traps in their building and do not show excessive amounts of mice other
than what is to be expected and have not witnessed any dead mice on the property.
Commissioner Rademacher stated an option for the True's would be to include the business into the
USR that they already have started for a total of$2,500.00 which would allow for other employees if
the business was to grow to the point they would need to hire any; however, if they are satisfied with
the arrangements they have made, that is their choice as well.
Commissioner Rademacher moved to refer BCV #1100003 against Glen True and
Sharon Wells-True to the County Attorney for legal action, with the instruction to delay action upon
such referral until July 10, 2011, to allow adequate time for the property owner to submit all
remaining required documentation to the Department of Planning Services for both the Use by
Special Review and all required permits. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
There being no further discussion, the hearing was completed at 12:34 p.m.
Hearing Certification, Zoning Violations
May 10, 2011 2011-1151
Page 19 PL0824
This Certification was approved on the 16th day of May, 2011.
BOARD OF COUNTY COMMISSIONERS
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Hearing Certification, Zoning Violations
May 10, 2011 2011-1151
Page 20 PL0824
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