HomeMy WebLinkAbout20110421.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on February 8, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tern
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher - EXCUSED
Also present:
Acting Clerk to the Board, Tonya Disney
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Tom Parko
Building Official, Ken Swanson
Health Department, Troy Swain
The following business was transacted:
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:
ZCV#1000135-CARPIO: Bethany 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. This case is a continuation from January 11, 2011, due to Sandra Carpio
not being able to attend because of work. Ms. Carpio did call staff yesterday stating she would not
be able to attend today's violation hearing either, due to not being able to get time off of work.
Ms. Carpio asked that staff call her with the outcome of the hearing. This property is in violation for
a noncommercial junk yard, household trash, and multiple derelict vehicles. Ms. Salzman stated
Ms. Carpio has made significant progress on the property and now has only one derelict vehicle on
the property. Ms. Salzman stated she asked Ms. Carpio during their last phone conversation how
much time she felt she would need to finish cleaning up the property, and Ms. Carpio indicated she
thought three months would be a sufficient amount of time, allowing her to get through the winter
months. To bring the property into compliance, the one remaining derelict vehicle shall either be
removed from the property or properly screen the property from all adjacent properties and public
right-of-way. Staff recommends this matter be referred to the County Attorney's Office, but delay
legal action for 90 days.
Chair Kirkmeyer provided the opportunity for public testimony; however, none was given.
Commissioner Long stated with most of the clean up already completed and only one derelict
vehicle remaining on the property to be removed, that thirty (30) days would be more than a
sufficient amount of time to take care of the violation.
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Commissioner Long moved to refer ZCV#1000135 against Sandra Carpio to the County Attorney
for legal action, with the instruction to delay action upon such referral until March 8, 2011, to allow
adequate time for the property owner to properly screen the property from all adjacent properties
and public rights-of-way or remove the remaining derelict vehicle from the property. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
BCV#0900044-PACHECO: 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. This matter was previously brought
before the Board on November 9, 2010, at which time the Board referred it back to the Building
Department to conduct an inspection and determine if there were any safety issues on the property.
A site inspection was completed December 10, 2010, by Ken Swanson, Building Official, and noted
the following safety issues: no water or sewer, a wood burning stove which was not installed to code
and poses an immediate fire danger, water is heated in a coffee pot, and the home is not level.
Ms. Gregory stated the violation was initiated due to a double wide mobile home being placed on the
property and being occupied, the home is pre-1976 and cannot be permitted. Flavio Pacheco spoke
with Mr. Swanson at the time of the December, 2010, inspection and stated he and his family would
be traveling to Mexico and was unsure of when they would return to the States. To bring the
property into compliance, the mobile home shall be removed from the property or demolished after a
demolition permit has been issued. Staff recommends this matter be referred to the County
Attorney's Office, but delay action for 30 days, allowing adequate time to verify the owners have
been properly notified.
In response to Commissioner Garcia, Bruce Barker, County Attorney stated he felt thirty (30) days
would be an adequate amount of time.
Chair Kirkmeyer provided the opportunity for public testimony; however, none was given.
Commissioner Conway moved to refer BCV#0900044 against Flavio and Graciela Pacheco to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 8, 2011, to allow adequate time to assure the property owners have been properly notified,
and, have the mobile home either removed from the property, or demolished after acquiring the
proper demolition permits. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
BCV#1000165-SAUCEDO: 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 a permit was submitted February 7, 2011, for the interior
remodel of the home and the Saucedo's are expected to submit the building permit application for
the detached garage sometime today. To bring the property into compliance, permit applications
and all applicable documentation shall be submitted for the detached garage and interior remodel of
the existing dwelling, fees paid, the permits issued, and all inspections completed. Staff
recommends this matter be referred to the County Attorney's Office, but delay legal action for 30
days.
Gabriela Ramirez, property owner, stated she and her husband have been working with Staff to get
the proper permits, one of which they submitted yesterday. She further stated they need to submit
the permit for the garage and feels thirty (30) days is an adequate amount of time to finalize that
process.
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Commissioner Garcia moved to refer BCV#1000165 against Pedro Saucedo to the County Attorney
for legal action, with the instruction to delay action upon such referral until March 8, 2011, to allow
adequate time for the property owner to submit the proper building permits for the detached garage.
The motion was seconded by Commissioner Conway, and it carried unanimously.
BCV#1100004—RUNNELLS/MORROW: 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 staffs case summary. Ms. Gregory stated she has spoken to Ms. Runnells who asked
Ms. Gregory to convey to the Board that she could not be here today and they do not have
anywhere else to live. Ms. Runnells asked Ms. Gregory to further state that her daughter has been
in a bad accident and they have numerous family issues. Ms. Gregory stated there is no septic in
the manufactured home, and the last inspection prior to yesterday was conducted in October, 2010,
the inspection conducted yesterday was deemed incomplete due to the fact there is no septic, and
there is no place for the water or the septic to go. Ms. Gregory further stated Ms. Runnells indicated
they do have a contractor lined up to dig the septic once the weather clears; however, there is no
guaranteed time frame. To bring the property into compliance, property owners must vacate the
home until a Certificate of Occupancy is issued. Staff recommends this matter be referred to the
County Attorney's Office for immediate legal action.
In response to Chair Kirkmeyer, Ms. Gregory stated Ms. Runnells stated she would not be able to
attend today's violation hearing due to the fact she has her grandchild with her and the tires on her
vehicle are not appropriate for the snow as well as Aaron Morrow, property owner, could not attend
due to his work schedule at the hospital in Loveland.
In response to Commissioner Conway, Ms. Gregory stated staff is making the recommendation to
refer the matter to the County Attorney's Office only because of what is stated in the County Code, if
there is not a Certificate of Occupancy then the dwelling shall not be occupied. Ms. Gregory further
stated she had just learned this morning that Ms. Runnells had obtained a contractor to dig the
septic; however, as of yet she has not been able to validate this comment and is not aware of any
septic permits that have been issued. In response to Chair Kirkmeyer, Ms. Gregory stated
Ms. Runnells is aware of the cost of the septic permits. Commissioner Conway stated he is
concerned about having to put someone out of their home in the middle of winter, therefore, if they
are truly trying to work with staff and make things right, then staff and the Board should be willing to
try to help where they can.
Chair Kirkmeyer provided the opportunity for public testimony; however, none was given.
Commissioner Long stated there is no reason digging the septic could not be started immediately,
the ground may be frozen but the depth of the freeze does not amount to much. He further stated
this matter demands immediate action.
Commissioner Long moved to refer BCV#1100004 against April Runnells and Aaron Morrow to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Garcia,
and it carried unanimously.
ZCV #1000157 — MILLER HFI, LLC: 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 Jerry Miller visited with staff on
Monday, February 7, 2011, and indicated he is working off two separate parcels, which includes
approximately 160 acres. There are three business' being conducted on the property: one is a
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water hauling business with approximately 7 trucks, another business is contract work with Noble
Energy which includes bringing in extra fill material from the sites. The sites get directional drilled
and the material is then stored on Mr. Millers property until they are able to reclaim the sight, at
which time the fill material is removed and taken to the original site. Ms. Salzman stated both of
these businesses require a Use by Special Review(USR). Ms. Salzman further stated in addition to
the two previous mentioned business' Mr. Miller is also storing drill mud on the property. She further
stated that the mud is being applied to both properties and then is plowed into the ground, further
stating this is a project that continues over time. Staff has received two separate complaints from
the public regarding this property. To bring the property into compliance, the property owner must
submit the USR application or remove the two components that require the USR. Staff recommends
this matter be referred to the County Attorney's Office, but delay legal action for sixty (60) days.
In response to Chair Kirkmeyer, Ms. Salzman stated she does not have any pictures other than the
aerial photograph, due to the operation sitting quite a ways off the main road. Ms. Salzman further
stated staff has discovered there is a building permit, as well as a septic permit, for the modular
home that is sitting on the property.
In response to Commissioner Long, Ms. Salzman stated the complaints that have been brought to
the attention of staff have been regarding the significant amount of truck traffic and the speed the
trucks are traveling.
Jerry Miller, property owner, stated he has no comments at this time; however, is available to answer
any questions the Board may have for him.
In response to Commissioner Conway, Mr. Miller stated he has met with the Department of Planning
Services recently about applying for a USR for the gravel, and the parking for the business trucks on
the property, and is not sure that he wants to pursue the USR at this time. He will need to meet with
the representatives from Noble Energy to see if they want to pursue the USR since they are the
ones putting the fill dirt on the property. Mr. Miller stated he feels the mud dirt does not have a large
impact on the area; however, the truck traffic when the mud dirt is hauled in is pretty substantial.
Mr. Miller stated he would likely need thirty (30) days to take care of any issues there may be; and
Commissioner Conway confirmed with staff that they are suggesting a sixty (60) day delay for any
legal action and they concurred.
Mr. Miller asked for clarification regarding the mud spread issue and if it is a concern on the County
level, or if it is an issue of whether they meet all the commitments of the State Oil and Gas
Commission. He further stated that Noble Energy monitors the site on a monthly basis, he does not
want to pursue the USR for the mud issue, and does not believe Noble would want to do that either.
Tom Parko, Department of Planning Services, stated that he does not believe the application of the
drilling mud requires a USR or that it would need to go through the Health Department; however, he
believes it would be a Use by Right. He further stated there are several sites in the county that work
with the oil and gas industry on specific areas to bring the mud to the site and then till it into the
earth. These companies do have requirements that have to be followed that are passed down by
the State and the Colorado Oil and Gas Conservation Commission (COGCC). In response to
Chair Kirkmeyer, Mr. Parko stated a USR is still needed for the seven(7)commercial trucks, and the
hauling of water.
Commissioner Long stated he feels this matter is a little different from the ordinary and there are
different components that he personally feels uncomfortable judging aggregately in one hearing. He
suggested the Board continue the matter and schedule a work session with Staff, Mr. Miller, and
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others that are involved in this type of business, so all the components can be separated out and a
decision can be made as to what needs to be done with each component in order to satisfy the
violation. He further stated the evolution of technology and the change of some of the uses in the
County have not gone unnoticed, and through a work session the Board could evaluate the County
Code to see if changes need to be made to match the evolution of the times.
Commissioner Garcia agreed with Commissioner Long; however, he indicated he would first like to
hear from the community to see if there are any issues that can be mitigated and can be addressed
today with Mr. Miller, and then proceed within the next couple of weeks to schedule a work session
to discuss the other components.
Cathy White, neighbor, also representing David Hergenreder, brother, stated they live on the road
the trucks use for hauling, and a question they have is whether County Road 54.5 (dirt portion of
road) is the road they are supposed to be using, or should they be using County Road 54, which
would be the paved road. She further stated the main concerns they have are: the amount of traffic
on the road, the speed the trucks are traveling, the routine maintenance that should take place due
to the amount of traffic, and some night hauling that has been taking place. They would also like to
verify if there is actually a permit for the pit, further stating if there is a permit,that is something they
will have to work with; however, they would really appreciate some kind of solution for all the traffic.
Ms. White further stated she would ask, if the trucks are permitted to continue to drive the County
Road, that the County look into frequently spraying the road with either water or magnesium
chloride. She further stated there are other roads that lead to the site from the paved portion of
County Road 54; however, she does not know if this is an option for the trucks to use the other
roads or not, or if there is a designated access road for them to use.
Candy Quawley, neighbor, stated her concerns are the same as Ms. White's; however, she would
recommend that if the trucks are going to continue to use County Road 54, maybe there could be a
new speed limit sign placed on the road with a reduced speed of 35 MPH instead of the 45 MPH
which is marked for the paved portion of the road, but is not marked on the portion of dirt road that is
used. She further stated that she spoke with Janet, who evaluates the speed, and was told the
average speed on County Road 54 is 57 MPH on the dirt portion. Ms. Quawley stated she has
personally stopped many of the trucks on the road and asked politely if they could please respect
the homes in the area, many of which have small children, and animals, also stating the families
would like to go outside without being blown by the dust that is kicked up by the trucks that are
speeding down the road.
Johnny Cline, neighbor, stated his main concern is the drilling mud being stored on the site and the
potential health risks with the chemicals being airborne. He further stated a half mile away from his
home there is an injection well and years ago there was a turkey farm across the road to the south
of his home that was allowed by the County to bury the dead turkeys on site because of the
diseases that could be transmitted from trucks hauling the carcasses off and the disease becoming
airborne. Mr. Cline stated he suspects there is also mining going on at this particular site; however,
he does not have proof of this. He further stated that he has read about the storage of drilling mud
in Grand Junction and the chemicals that are used to help with the drilling and is concerned this
could turn out to be the same thing. He continued to say he also shares the same concerns as
Ms. White and Ms. Quawley, as stated previously.
Chair Kirkmeyer stated it is clear that the seven (7)trucks hauling water, and storing material at the
site require a USR and that the matter concerning the drilling mud does not require a USR. She
continued to state she understands the concerns of the public; however, she feels some of the
concerns could be better addressed by the COGCC and there is not a requirement for a USR
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regarding the other concerns. She further stated Mr. Miller needs to get a USR and if he decides
not to get the USR, then he will remain in violation. Commissioner Long stated he would still like to
look at the components of this matter, understanding there are issues that fall under the code now
that can be addressed; however, there are parts of the code that could possibly be taken apart and
addressed differently, because as they have heard,this is the procedure for many sites in the area.
Commissioner Conway stated he is fine with holding a work session to discuss the components of
the matter; however, there are obvious issues, such as the speed of the traffic, that have been
brought to the Boards attention that can be discussed today. Commissioner Long stated the speed
is one component that definitely should be reviewed and have consideration of a reduced speed on
the road.
Chair Kirkmeyer stated she is not opposed at looking at the code to see if there are any changes
that need to take place and be updated; however, she does not feel the code should be changed for
one particular incident to get someone out of a violation. She stated it is very clear that a USR is
required and does not understand why the issue of the USR is being overlooked. She further stated
that anytime the code is looked at, or if the Board sees an area that is hindering the ability for a
business to be productive, then changes will be addressed. Commissioner Long addressed
Chair Kirkmeyer stating he believes some of these components are happening at other sites and is
questioning whether or not this is a new way of doing business, and believes the County should be
proactive in order to reduce the amount of violations that could be brought before the Board.
Commissioner Garcia stated he agrees with the premise that Commissioner Long has presented,
that this is most likely going on at other sites and presents issues that are going to have to be dealt
with. He further stated he believes a work session would be very helpful, not on a case by case
basis, but to determine a standard of doing business; however, there is a piece that has been
presented to them that, clearly, under the current code requires a USR. He further stated that he
would recommend referring this matter to the County Attorney's Office, but delay action for thirty(30)
days, with the understanding a work session will be scheduled. He stated the County Attorney's
Office is very observant of what is taking place with Staff and the Board, and if something should
transpire during the work session that needs attention,the County Attorney's Office, he feels,would
be willing to evaluate if the matter should be delayed moving forward with legal action.
In response to Commissioner Conway, Ms. Salzman stated the USR permit process typically takes
sixty(60) days,which is why they are recommending the referral to the County Attorney's Office for
the amount of sixty (60) days. Commissioner Conway concurred that a work session would be
beneficial to discuss some of the bigger issues, also stating he believes there are components that
do require a USR that can be handled at today's hearing. Commissioner Conway recommended
referring the matter to the County Attorney's Office, but delay legal action for sixty (60)days based
on the explanation from Staff stating the length of time the permit process takes. Commissioner
Conway asked Mr. Miller if he would be able to address the truck traffic and the speeds in the interim
to see if the company is willing to work to make the road safer for everyone by reducing their speed.
Mr. Miller stated the drivers of the trucks are on an hourly rate so there is no reason for them to be
traveling at the speeds they do on the road. He further stated he will speak with them and ask them
to slow down.
Commissioner Garcia moved to refer ZCV#1000157 against Miller HFI, LLC,to the County Attorney
for legal action, with the instruction to delay action upon such referral until April 8, 2011, to allow
adequate time for the property owner to apply for a USR permit and for the Board to conduct a work
session to discuss all components of the matter and address County Code issues. The motion was
seconded by Commissioner Conway, a roll call vote was taken and the motion passed three to one,
with Commissioner Long being opposed.
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ZCV#1000160-ELEANOR HOCHMILLER LIVING TRUST/DEJOHN MOVING CO: 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
handed out two exhibits labeled Exhibit A and Exhibit B, one of which is a letter from the Town of
Hudson, and the other is an email from the contract Deputy for the Town of Hudson. Ms. Salzman
stated there are approximately nine modular units on the property, which have again been re-
boarded by Gary DeJohn, owner; however, as mentioned in Exhibit B, the contract Deputy stated
they have had to search the units more than once looking for missing children, this being a safety
issue for the Town of Hudson and the surrounding neighborhood. Ms. Salzman stated Gary DeJohn
and Johnny Hochmiller came to the Department of Planning Services this morning and filled out the
Pre-Application form for a Site Plan Review (SPR), which will allow them to meet with staff to
discuss the requirements of a 1-3 (Industrial) Zone District and what would be allowed on the
property concerning storage. Staff is recommending this matter be referred to the County Attorney's
Office for immediate legal action because of the safety issue it poses.
In response to Chair Kirkmeyer, Ms. Salzman stated the reason staff is recommending immediate
legal action is due to the phone conversations with the Sheriff's Office and the Town of Hudson and
their belief of the extreme safety issues with having these units on the property and unattended.
Ms. Salzman further stated she does not know what the outcome of the SPR will be; whether it will
require fencing or some sort of security placed on the site, so without the SPR in place staff is strictly
making their decision based on the complaints and the safety issues mentioned in the two letters.
In response to Commissioner Conway, Ms. Salzman stated they have made arrangements to review
the Pre-Application later this week, and then meet with Mr. DeJohn and Mr. Hochmiller as soon as
they are available.
Gary DeJohn, owner of DeJohn Moving Company, stated they have gone to the site and sealed all
of the units, making sure there is no access into any of them. Mr. DeJohn stated the units will be
moved to Fort Morgan, he has the site and the water needed; however, he has had some other
issues that he discussed earlier with staff that should be coming to a close within the next 90 days,
at which time the units will be moved and used as an addition to a Hotel in Fort Morgan.
Johnny Hochmiller, property owner, stated allowing Mr. DeJohn to use the property provided
supplemental income for him, and he stated the property is zoned for storage so he does not see
the problem with having the units on his property. Mr. DeJohn stated he does have signage on the
units identifying they belong to DeJohn Moving Company, and he has not received any notices or
complaints from either the Sheriff's Office or the Town of Hudson indicating there have been any
problems.
Commissioner Conway referred to the letter from the Town of Hudson, Exhibit A, which makes
mention of vandalism to the units. Mr. DeJohn stated he was not aware of any issues on the site
with the modular units, stating he has not received any form of communication from either the Town
of Hudson or the Sheriff's Office, therefore, a copy of Exhibit A and Exhibit B were given to
Mr. DeJohn. After reviewing the exhibits, Mr. DeJohn stated the units had a considerable amount of
vandalism prior to him purchasing them from a Westminster location and bringing them to the
Hudson location. Mr. DeJohn stated he purchased these units based on the quality of architecture
they presented along with the square footage they offered. Mr. DeJohn further stated he has been to
the property recently and has sealed the modular units up and there should be no further safety
issues with entry into the units.
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In response to Chair Kirkmeyer, Mr. DeJohn stated he will be moving the units to Fort Morgan as
soon as he can sort out his financing. Mr. DeJohn stated he had his loan with New Frontier Bank
and after they were closed by the FDIC, his note was purchased by Summit Bridge, which they are
currently working with and will ultimately remove them as the mortgage holder; however, this may
take some time. He is estimating it will take 90 to 120 days for this process to be finalized.
Chair Kirkmeyer stated she agrees that a USR is required and believes that Mr. DeJohn is familiar
with the Weld County Code and though the property is an 1-3 (Industrial)Zone District, screening is
required and the units should not have been stored on the property. She further stated these units
do create a safety issue and the Sheriff's Office has acknowledged this as well, and in addition to
the safety issue, they negatively impact the surrounding neighborhoods and the Town of Hudson
obviously feels the negative impact, which was indicated in their letter to staff. Chair Kirkmeyer
stated she is not sure why Mr. DeJohn moved the units to the property when he knows it is not
allowed in the code, she also believes 120 days, as requested by Mr. DeJohn, is too long to get this
matter taken care of. Mr. DeJohn stated he did not know this would require a USR because he does
believe storage is an allowed use on the property and it states as much in the code and the USR
would be for the same use, storage; however, he stated he met with staff this morning and filled out
the Pre-Application and will follow through with the process of obtaining a USR, even though it is
short lived, and do what needs to be done to come into compliance.
Bruce Barker, County Attorney, clarified that in fact it is a Site Plan Review they are discussing and
not a USR. Ms. Salzman stated the application will be reviewed by staff and would require an
administrative approval and would not need to go through the Board for approval,which in essence
should be an easier and a timelier process. Mr. DeJohn stated, in addition to the SPR process, he
will have the property monitored on a weekly basis making sure there is not a breach of the units
and there are no further safety issues that develop with the units being there in terms of the
accessibility to the children.
Commissioner Garcia commented that aside from the safety issue with the children being around
the units, another issue that he could foresee would be the units sitting vacant like so many
foreclosure homes and drug trafficking becoming more and more common among these types of
properties. He further stated he would like to thank Mr. DeJohn for being proactive with making sure
the units are sealed and monitoring the property to make sure there is no further vandalism to the
units.
Commissioner Garcia moved to refer ZCV#1000160 against Eleanor Hochmiller Living Trust and
DeJohn Moving Co.,to the County Attorney for legal action, with the instruction to delay action upon
such referral until April 8, 2011,to allow adequate time for the property owner to go through the Pre-
Application process for the SPR, as well as, submit a completed SPR application to the Department
of Planning Services. The motion was seconded by Commissioner Conway, and it carried
unanimously.
(Commissioner Long needed to leave the hearing at 11:00 a.m. and is now excused)
ZCV#1000126 -PEREZ: 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 had a phone conversation with Alfonso Perez
and has also sent certified mail; however she has not received it back either claimed or unclaimed.
Ms. Salzman stated she did not know if Mr. Perez would show up to the violation hearing today, and
cannot guarantee mail service. In response to Commissioner Garcia, Ms. Salzman stated she does
believe there are tenants living on the property and the property has not been posted.
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Mr. Barker stated he feels the matter should be continued given the fact that there is no guarantee
that Mr. Perez did in fact receive notice of the violation hearing.
Commissioner Conway moved to continue ZCV #1000126 against Alfonso Perez until
March 8, 2011, to allow adequate time for staff to ensure proper notification is given. The motion
was seconded by Commissioner Garcia, and it carried unanimously.
ZCV#1000124-STEPHENS: 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. To bring the property into compliance, the remaining portions of the
non-commercial junkyard should be removed, screened, or restored. Ms. Salzman stated she
visited the property yesterday and the fence is still leaning and is not secure. She further stated this
is a repeat violation that has been heard in the past. Ms. Salzman stated Patsy Stephens faxed a
letter into the department, marked Exhibit A, stating that she would like to request more time since
she has one remaining vehicle that needs to be taken care of and some additional clean-up around
the property that needs to occur. Ms. Salzman stated she sent a response letter based upon
Ms. Stephens November, 2010, letter and included some information regarding some agencies that
assist the elderly, which is what Ms. Stephens indicated she needed in her letter. Ms. Salzman
stated she is not aware if any contact with these agencies has been made; however,the information
was supplied. Ms. Salzman stated she left Ms. Stephens a voice mail yesterday and indicated there
would still be a hearing today since the property is still in violation. She further stated the complaint
that was called in from one of the neighbors remains anonymous; however,she stated she was very
upset because there are young children living on the property and she was concerned for the safety
of the children Ms. Salzman turned the matter into Social Services and advised the neighbor to do
the same because she would have more information for them than staff would. Staff is
recommending this matter be sent to the County Attorney's Office, but delay any action for 30 days
due to the progress that has already been made.
Commissioner Conway asked if any information was provided to Ms. Stephens regarding United
Way 211 for help in Weld County, and in response, Ms. Salzman stated that she had not given this
information to her; however, she would forward this information on to Ms. Stephens.
Chair Kirkmeyer provided the opportunity for public testimony; however, none was given.
Commissioner Conway moved to refer ZCV #1000124 against Patsy Stephens to the County
Attorney for legal action, with the instruction to delay action upon such referral until March 8, 2011,
with the instruction for staff to provide additional information on United Way 211 to Ms. Stephens
and to allow adequate time for the property owner additional time to remove remaining derelict
vehicles and any remaining trash on the property. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
ZCV#1000058-HICKS: 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 property has been in violation for a substantial
amount of time, and there are three homes on the property. Ms. Salzman further stated one of the
homes has a Non-Conforming Use (NCU) and a Recorded Exemption (RE), which was completed
by the previous property owner to put the remaining two homes on separate lots; however,the plat,
when submitted, had different property lines and did not correct the issue and the two homes remain
on the same lot. Ms. Salzman stated staff has been working with Nicole Hicks and her husband,
Ronnie Hicks, to correct the property lines. Ms. Salzman further stated when she visited the site
yesterday there seemed to be business activity on the site which she has not noticed at prior visits to
Hearing Certification, Zoning Violations
February 8, 2011 2011-0421
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the property. She stated there were a couple of dump trucks, and several work trucks on the site
with what seemed to be people working on the property, therefore, if the Hick's were to apply for a
Use by Special Review (USR), that would address the business operations as well.
Tom Parko, Department of Planning Services, stated when a Recorded Exemption (RE) is
submitted to staff, one of the requirements is that the property owner submit a sketch of the property
and how they would like to have it split out. Mr. Parko stated Kim Ogle, Department of Planning
Services, received a sketch map from the previous property owners showing where they would have
liked to have the property split out, and referred to a scanned copy of the "Burkhart Sketch Map"
while addressing the Board. Mr. Parko stated the sketch was approved by staff and was then sent
to a surveyor; after receiving it back from the surveyor it was reviewed, at which time it was
discovered it was not split out the way it was approved by staff. Staff has been working with
Mrs. Hicks, and has suggested she contact the original surveyor, and have him correct the problem,
which would be to adjust some of the pins and the boundary lines to have the two houses on
separate lots. If the Hicks decide to keep the figuration the way it currently is they will need to apply
for the USR; however, Mr. Parko stated it would be simple enough to go back and correct the survey
error and resubmit the plat and record it the new way.
In response to Chair Kirkmeyer, Ms. Salzman stated the previous property owner was advised of all
the options for the property and chose to move forward with the RE and not the USR. She
reiterated, yesterday was the first time she was aware of any business operations taking place on
the property.
Nicole Hicks, property owner, stated she wanted to clarify, the semi-truck that was seen on the
property yesterday is not usually stored on the property and that it belongs to the tenant. She stated
the tenant was concerned that the weather was going to be bad during the night, so, he kept it on
the property for that evening. She further stated the workers Ms. Salzman was referring to on the
property were herself and her children; they are often at the property taking care of the grounds, as
well as taking care of the animals they house on the property.
Mrs. Hicks stated they bought the property on July 15, 2008, and prior to purchasing the property
they met with Mr. Ogle and other staff to address the issues at hand, and were told everything would
be taken care of, and if the issue was not resolved staff would not allow the home to be sold.
Mrs. Hicks further stated during the summer of 2010, she started to receive letters from
Ms. Salzman stating they were in violation; she then contacted Mr. Ogle to get help and was then
told she could not have two homes on one parcel. Mrs. Hicks stated she was confused, it was her
understanding everything was taken care of before they bought the property. Mrs. Hicks further
stated she has had communication with Mr. Ogle and he stated it would cost approximately
$5,000.00 to have the issues resolved. She stated she and her husband do not mind trying to
resolve the issue and make things right; however,they do not want to put the money out for it when
they were told by the County, to begin with, all of the issues would be resolved before the property
would be able to be sold. Mrs. Hicks stated they have already spent thousands of dollars cleaning
the place up to make it presentable. She further stated they would like to eventually build a home on
the property for themselves and was advised by Mr. Ogle they should apply for the USR, that way
they would have the vacant lot to build on when they were ready.
In response to Chair Kirkmeyer, Mr. Parko stated to correct this issue, the Hicks' could have the
original surveyor go to the property and adjust the pins and the boundary line, and if that cannot be
done then, yes, it will need to be resurveyed. Mrs. Hicks stated the person that did the original
survey is no longer in business. Chair Kirkmeyer concurred with staff that the original intention of
the RE was to divide the property into two parcels with one house on each property; however, the
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February 8, 2011 2011-0421
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surveyor did not separate the property correctly, leaving two homes on one parcel, that being the
reason there is a violation today.
Chair Kirkmeyer stated she would not recommend Mrs. Hicks do a USR until they are ready to build
another home on the property and to take care of having the property lines adjusted at this time.
Mrs. Hicks stated to have the property resurveyed will cost thousands of dollars that they do not
have right now. She further stated the original surveyor, Ron Perkins with Perkins Surveying; told
Mr. Ogle that he would fix the pins so they would match the sketch drawing, this conversation most
likely took place in 2007 or early 2008 prior to them purchasing the property in July, 2008. In
response to Chair Kirkmeyer, Mrs. Hicks stated coming into the violation hearing today she
understood her only option was to do a USR, now; however,there are other options they have, and
she will need to speak with her husband regarding them and cannot make a decision today on what
they need or want to do. Chair Kirkmeyer stated to get to their ultimate goal they will need to get a
USR to allow two houses on one parcel; however, to get into compliance, they need to have the
property lines moved to separate the two houses, putting them on separate parcels, which may
mean they have to have a new survey done if they cannot get the original surveyor to come and do
what he said he would do. She further stated that either direction the Hicks go it is going to cost
them some money and they obviously have some decisions to make before moving forward.
In response to Commissioner Conway, Mrs. Hicks stated she does not know where the original pins
are located and does not know if they are still identifiable.
Chair Kirkmeyer recommends the Board refer the matter back to the Department of Planning
Services to give the Hicks time to discuss their options and decide what their ultimate goals are.
She further stated she appreciates Mrs. Hicks'willingness to work with staff and correct this issue;
however, whatever they decide to do, there will be a cost associated with it.
In response to Mrs. Hicks, Chair Kirkmeyer stated the investigation fee that was discussed prior to
the hearing can possibly be waived; however, that is a decision the Department of Planning
Services will have to make. She further stated the fee for the USR Application will not be waived if
that is the direction they decide to take with their property. Chair Kirkmeyer further stated ultimately
the property line needs to be moved over to come into compliance. Commissioner Conway
concurred with Chair Kirkmeyer, further stating the Hicks' have been put into a bad situation and
their willingness to work with staff is greatly appreciated, and in return, the Board is willing to give
them some time to sort out what needs to be done and the direction they want to proceed.
Commissioner Conway moved to refer ZCV#1000058 against Nicole and Ronnie Hicks back to the
Department of Planning Services. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
ZCV #1000090 — BANNER GROUP LLC: 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 certified mail was sent; however,
staff has not received a signed notice back showing that it was received. She further stated in the
past five years there have been nineteen different companies formed by the Banner Group, LLC,
which are then closed, due to noncompliance with the State. Ms. Salzman stated the address the
certified mail was sent to came back unclaimed. She further stated it does not appear anyone lives
on the property. If the Board feels the matter should be referred back to staff, Ms. Salzman can
contact the real estate agent and let them know the owners need to appear before the Board. The
property has been posted; however, there are no tracks on the property and it is clear the property is
not visited. Ms. Salzman stated she believes the violation was initiated by a complaint; however,
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February 8, 2011 2011-0421
Page 11 PL0824
does not know for sure, there are no neighbors close to the property and the mobile home is on a
dead end road. She further stated a building inspector was sent out to the property to validate there
was a mobile home on the property and did see that is was there and presumed it was vacant.
In response to Commissioner Garcia, Ms. Salzman stated in September, 2010, the matter was
presented to the Board and the reason it was referred back to staff then was that there was no
contact made with Banner Group, LLC. Ms. Salzman further stated the property has been posted;
however, no contact has been made with Banner Group, LLC.
Chair Kirkmeyer provided the opportunity for public testimony; however, none was given.
Commissioner Garcia moved to refer ZCV #1000090 against Banner Group, LLC, to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Conway, and it
carried unanimously.
ZCV#1000121 -PEHR: 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 there is an adjoining property that is owned by family
members; however, this property does have a business located on it and over the years the
business has grown and extended over the property line in question. She further stated the Pehr's
are doing an Amended Recorded Exemption (AMRE) to adjust the property line and as a result of
that, the owners of the other property have come into the Department of Planning Services to
amend their Use by Special Review(USR)to increase their USR boundary line. Ms. Salzman stated
the property of Ms. Pehr does have other violations other than the expansion of the USR;there were
two storage mobile home units on the property that were not legal, one unit has been removed and
the other one is scheduled to be removed; however, if it is not removed soon, the Pehr's have
already obtained the asbestos certificates required by the state, with Fort Lupton agreeing to do a
controlled burn as a backup plan, and there is a non-commercial junkyard on the property as well.
Staff recommends this matter be referred to the County Attorney's Office, but delay legal action for
thirty (30) days, which David Pehr has indicated would be enough time for him to take care of the
items missing from the AMRE and resubmit to staff.
David Pehr, son, and attorney for Alice Pehr, stated they recognize the problem and have been
working with staff to correct the matter. Mr. Pehr stated they have submitted the AMRE application
and noticed they were missing two deeds and a Certificate of Conveyance and they are working with
a title company to obtain these items. He further stated there are some questions regarding the
existing septic systems on the property, being that two of the septic systems did not have proper
permits; however, the permits for those have been located and date back to the early 1970's, so
they need to find out if anything further needs to be done. Mr. Pehr stated they recently discovered
they need to have an engineered septic system for the corner of the commercial lot; however,they
believe they already have this in place from the 1980's, when the building was built on the property.
He further stated neither the County nor the owners can find any record of the engineered septic
system. Mr. Pehr stated if the proper records cannot be located, they do have an engineer who is in
Fort Lupton that will be willing to inspect the septic systems and provide the proper documentation
required by the County. Mr. Pehr stated they have made progress on cleaning up the property,
stating, one mobile home has been removed from the property and the other will either be removed
or a control burn will take place by the Fort Lupton Fire Department. Mr. Pehr further stated all
septic systems that have been mentioned have been in existence, and have preformed adequately,
and all three have recently been inspected and pumped. Mr. Pehr stated the noncommercial
junkyard has had a substantial amount of clean up that has taken place;they have removed over 40
tons of scrap metal, a dozen vehicles have been sent to the recyclers and approximately one
Hearing Certification, Zoning Violations
February 8, 2011 2011-0421
Page 12 PL0824
hundred rubber tires have been removed from the steel wheels they are mounted on, with
approximately thirty more to complete and be taken to the recyclers.
In response to Chair Kirkmeyer, Mr. Pehr stated he believes they will be able to have the majority of
the property cleaned up and have all of the paper work needed for the AMRE completed and turned
into the Department of Planning Services within thirty (30) days. His only concern is he is not sure
how long that may take if they need to have the one septic system in question inspected by an
engineer. Chair Kirkmeyer stated as long as the Pehr's continue to work towards the goal of the
clean up and the AMRE, then no action will be taken; however, if the work stops and there is no
further work being done, that is when the County Attorney's Office will take legal action.
Commissioner Garcia moved to refer ZCV#1000121 against Alice Pehr to the County Attorney for
legal action, with the instruction to delay action upon such referral until March 8, 2011, to allow
adequate time for the property owner to remove the remaining noncommercial junkyard items from
the property and to submit all documentation needed for the AMRE application. The motion was
seconded by Commissioner Conway, and it carried unanimously.
There being no further discussion, the hearing was completed at 11:35 a.m.
This Certification was approv-. on the 14th day of February, 2011.
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,f BOARD OF COUNTY COMMISSIONERS
W D COUNTY, CO RADO
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Weld County Clerk to C
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APPROVED AS FORM: . e \ c/) /
David Lon I ,
County Attorney EXCUSED 1,/
Douglas Rademacher p
CD #2011-2
Hearing Certification, Zoning Violations
February 8, 2011 2011-0421
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