HomeMy WebLinkAbout20110616 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on March 8, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair- EXCUSED
Commissioner Sean P. Conway, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long, Acting Chair Pro-Tem
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
Building Official, Ken Swanson
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:
BCV #1000143 - MCCRIMMON/RCJC, LLC: 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
the original complaint was due to construction being conducted in a commercial building without
permits, and after an inspection, it was determined changes, abuse, and several tenant finishes
within a large structure had taken place without the proper permits, and there is also a separate
building on the property that is involved. Ms. Gregory stated on October 25, 2010, she and
Ken Swanson, Building Official, met with Mr. McCrimmon to determine what information was needed
for each space in order to submit the building applications needed. She further stated
Mr. McCrimmon had stayed in contact through November and December, 2010, regarding his
progress, and on February 16, 2011, Mr. McCrimmon met with Mr. Swanson and Frank Piacentino,
Building Inspector, to review the plans and was advised of additional information that was required.
An email was sent to Mr. McCrimmon on February 25, 2011, outlining the construction documents
that were still needed. Mr. McCrimmon has been advised that he will need to meet with the
Department of Planning Services to verify all the current uses of the property are covered by Second
Amended Use by Special Review Permit#726. Ms. Gregory stated Mr. McCrimmon has submitted
the pre-application review request. Staff is recommending this matter be referred to the County
Attorney's Office, but delay action for thirty(30) days, thus allowing Mr. McCrimmon adequate time
to meet with staff and submit the required documentation for the necessary building permits.
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Ron McCrimmon, property owner, stated he is trying to keep his tenants at the property and has also
been working with staff on what needs to be done on the property. He stated he has currently
submitted one set of plans to staff.
In response to Acting Chair Pro Tem Long, Ms. Gregory stated Mr. McCrimmon needs to meet with
staff to verify the current USR still covers all the uses on the property and submit all documentation
requested by Mr. Swanson in order to proceed with the permit process. Mr. McCrimmon stated he
has the list of documentation needed that was provided by Mr. Swanson and has hired a structural
engineer who has already begun working on the plans. Ken Swanson, Building Official, concurred
everyone seems to be of the same understanding. Mr. Swanson stated he had sent an email to
Mr. McCrimmon on February 25, 2011, itemizing the required construction documents and it is now
up to Mr. McCrimmon to submit the required documentation to staff within thirty (30) days.
In response to Commissioner Garcia, Tom Parko, Department of Planning Services, stated he
would schedule the pre-application meeting either Thursday or Friday of this week. He further
stated once the pre-application is turned in, the applicant will meet with staff and go through the
process and determine what will work best on the property. A question was brought up concerning
the amended USR, which could take up to ninety (90) days to complete, and depending on the
application and required documentation, it could take a little longer due to the back and forth
communication. Commissioner Garcia stated if the applicant continues working with staff and
progress is being made, then legal action will not be taken and Mr. Parko concurred.
Commissioner Long stated that once the application is submitted it will start a new time line;
however, the application does need to be turned in to staff within thirty (30) days.
Commissioner Rademacher moved to refer BCV #1000143 against Ronald McCrimmon 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 meet with the Department of Planning
Services,to review the pre-application and to submit the application and all required documentation
needed for Amended Use by Special Review Permit #726. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
BCV #1000169 - RESTORATION SERVICES CENTER: Ms. Gregory, Department of Planning
Services, presented the case report for the record and pursuant to the case file, this property is in
violation of various sections of the Weld County Code, as detailed in staffs case summary.
Ms. Gregory stated this matter is due to a paint booth being installed in a commercial business
without the proper permit. She further stated Duane Baker, General Manager,did contact staff after
Ms. Gregory's initial letter stating he would submit the application; however, Ms. Gregory never
received the information from Mr. Baker,thus Ms. Gregory sent another letter informing Mr. Baker of
the hearing today. Ms. Gregory stated Mr. Baker did visit the Department of Planning Services, but
was told he would have to submit the manufacture specifications for the paint booth prior to staff
being able to process the permit. Ms. Gregory further stated she spoke with Mr. Baker yesterday
and was informed he has spoken with the company and has requested the required information and
should be able to submit that to staff soon. Staff recommends this matter be referred to the County
Attorney's Office, but delay action for thirty (30) days.
Commissioner Long provided the opportunity for public testimony; however, none was given.
Commissioner Garcia moved to refer BCV#1000169 against Restoration Services Center 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 submit the manufacture specifications
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for the paint booth, as well as submit an application and all required documentation for the proper
permit. The motion was seconded by Commissioner Rademacher, and it carried unanimously.
BCV#1100006-HERNANDEZ: 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 Jose Hernandez was issued a permit for an attached
garage addition, including an electrical permit, on January 11, 2010. During an inspection it was
determined that a front patio cover had been built and a half bath had been installed in the garage.
She further stated the permit expired January 14, 2011, and the inspections have not been
completed. Ms. Gregory stated Mr. Hernandez did visit the department on February 18, 2011, and
was told he still needed to submit the water and septic information that can be obtained through the
Health Department prior to staff being able to process the permit. Ms. Gregory stated she does
believe Mr. Hernandez is working to obtain the information needed and; therefore, staff is
recommending the matter be referred to the County Attorney's Office, but delay action for thirty(30)
days.
Jose Hernandez, property owner, stated he has no comments for the Board and the recommended
time is a suitable amount of time for him.
Commissioner Garcia moved to refer BCV #1100006 against Jose Hernandez 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 obtain the documentation needed for the water and
septic systems from the Health Department and then submit them to the Department of Planning
Services, at which time the permit will be processed. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
ZCV#1000150-DIENGDOH: Bethany Salzman, 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 particular lot is in an R5
Zoned district, which happens to be one of the strictest residential zoned districts in Weld County.
Ms. Salzman stated each time there has been an inspection, there are always different derelict
vehicles on the property, last week when the property was inspected there was one derelict vehicle
on the property and when the property was inspected yesterday the property had been brought into
compliance by removing the derelict vehicle. The tenant's name for this property is Robert Gonzales
which was provided to staff by Mr. Diengdoh. Staff is recommending this matter be referred to the
County Attorney's Office, and is to be monitored by staff for up to six months for any repeat
offenses. By referring this matter to the County Attorney's Office, staff will be able to start legal
action if needed, and at any time, without the matter having to be brought before the Board again.
In response to Commissioner Garcia, Ms. Salzman clarified the recommendation by staff, stating
staff would prefer to refer the matter to the County Attorney's Office with no delay, with the
understanding there will be no legal action taken unless,there are derelict vehicles placed back on
the property. Stephanie Arries, Assistant County Attorney, stated they have had cases in the past
with repeat offenders that did not come back before the Board; the County Attorney's Office just
re-filed with the courts. She further stated there have also been instances where the courts have
kept the case open so they do not have to re-file every time, and by doing this, there is an
anticipation for an immediate reaction by the property owner to get the matter taken care of.
In response to Commissioner Garcia, Ms. Salzman stated Mr. Diengdoh is a repeat offender;
however, many of the offenses were noted by Ann, Department of Planning Services, and
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Ms. Salzman did not include those offenses in her case summary. She further stated this matter is
complaint driven.
Abstar Diengdoh, property owner, stated he understands what has been presented today and
understands it is ultimately his responsibility, and he has been working with this tenant to rectify the
problem. Mr. Diengdoh further stated the lease agreement states there shall be no commercial
business conducted from the property; however, his tenant does not seem to understand, no matter
how it is explained to him.
Commissioner Rademacher moved to refer ZCV#1000150 against Abstar Diengdoh to the County
Attorney for legal action, with the instruction to delay action up to September 8, 2011, with the
understanding there will be no legal action taken unless there is a repeat of the violation, at which
time immediate legal action will be taken. This will allow the Department of Planning Services to
conduct spontaneous inspections to verify the property remains in compliance with the Weld County
Code. The motion was seconded by Commissioner Garcia, and it carried unanimously.
ZCV#1000151- DIENGDOH: 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 inspections too place on March 2, 2011, and
March 7, 2011, and there was one derelict vehicle as well as an added limousine, which is not an
allowed use because of it being a commercial vehicle. Ms. Salzman stated this particular property
has a rotation of vehicles and is not sure if the tenants are conducting some sort of mechanic
service due to the fact that any time an inspection is completed the vehicles are always different.
The tenants name for this property is Omar Enriquez, which was given to staff by Mr. Diengdoh.
Staff is recommending this matter be referred to the County Attorney's Office for immediate legal
action.
See additional discussion on the above matter.
Commissioner Garcia moved to refer ZCV #1000151 against Abstar Diengdoh to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Rademacher, and
it carried unanimously.
ZCV#1000145-RODRIGUEZ: 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 in violation due to a non-commercial
junkyard consisting of a derelict vehicle and multiple tires on the property. To bring the property into
compliance, the vehicle shall be restored, operational and have current license plates, and all tires
must be removed or proper screening must be in place. Certified Mail was sent on
February 22, 2011, and received signed February 28, 2011; however, no verbal communication has
taken place. Staff is recommending this matter be referred to the County Attorney's Office for
immediate legal action.
In response to Commissioner Rademacher, Ms. Salzman stated there is screening on one side of
the property; however, it is not all the way around the property. She further stated this was
complaint driven as well as a follow up from the fall cleanup project in the area.
John Rodriguez, son of Pedro Rodriguez, property owner, stated the vehicle belongs to him and he
has been storing it on his father's property. He further stated he plans on restoring the vehicle and
getting it into running condition later this year. He is a commercial roofer; however, he is currently
out of work due to the cooler weather. Mr. Rodriguez told his father once he starts working on a
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regular schedule again he will be getting proper storage for the vehicle, and would like to request
that the Board consider giving him sixty (60) days to remedy the matter. In response to
Commissioner Rademacher, Mr. Rodriguez stated he does not have anywhere else to store the
vehicle at this time, and the reason he has the vehicle covered with the tarp is due to some
vandalism that happened to the vehicle by some of the neighborhood kids who broke out the
windows, The reason for the tires is to hold the tarp down and keep it from blowing away.
Mr. Rodriguez stated he has covered the vehicle to protect the interior from the elements and any
further vandalism that might occur.
In response to Commissioner Garcia, Ms. Salzman stated the violation of a non-commercial
junkyard consist of the one derelict vehicle and the tires that are holding the tarp down.
Commissioner Long stated Mr. Rodriguez will be allowed to keep the vehicle on the property if he
can get the vehicle running and obtain proper licensing, or the other option would be to move the
vehicle to another site, whether that be a garage, an actual storage unit, or to a property that has
proper screening. Commissioner Long further stated Mr. Rodriguez should be aware of where he
moves the vehicle, if that is what he chooses to do, to not put someone else in this same situation
as his father and cause another violation.
Commissioner Rademacher moved to refer ZCV#1000145 against Pedro and Ernestine Rodriguez
to the County Attorney for legal action, with the instruction to delay action upon such referral until
May 8, 2011, to allow adequate time for the property owner to finish installing proper screening,
move the vehicle to another location that has proper screening, or remove all tires from the property
and restore the vehicle to a running condition with proper licensing. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
ZCV#1000143-GUTIERREZ: 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. Certified mail was sent on February 22, 2011; however, the mail has not
been received back; therefore, Ms. Salzman has posted the property. Ms. Salzman stated she
received a call from Annette Gutierrez yesterday stating she will be replacing the tires on the
vehicles. To bring the property into compliance, the property owner shall restore the vehicles and
renew the registration on the vehicles or install proper screening from all adjacent properties and
public rights-of-way. Staff recommends this matter be referred to the County Attorney's Office, but
delay legal action for thirty (30) days.
Commissioner Long provided the opportunity for public testimony; however, none was given.
Commissioner Garcia moved to refer ZCV#1000143 against Joe Gutierrez 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 license all expired vehicles and restore all tires on the
vehicles or install proper screening. The motion was seconded by Commissioner Rademacher, and
it carried unanimously.
ZCV#1000166-YERA: 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 on February 22, 2011; however,
receipt of mail was never received; therefore, Ms. Salzman has posted the property. To bring the
property into compliance, all debris from the demolition of the mobile home shall be removed as well
as a reduction of cattle on the property due to the current amount of acreage, 54 cows are allowed.
Ms. Salzman stated if Juan Yera, property owner, or the tenants wanted to keep the herd of cattle
Hearing Certification, Zoning Violations
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that is currently on the property they could submit an application for a Use by Special Review(USR)
permit; however, from a previous conversation with Mr. Yera she feels he will most likely decrease
the herd. Ms. Salzman stated the mobile home that was demolished had been moved to this
property from a previous violation site,the demolition took place without any permits, and now debris
is scattered around the property. Ms. Salzman further stated she spoke with the tenants during her
inspection and told them they would need to remove all debris from the property and they said they
would start immediately. Staff is recommending this matter be referred to the County Attorney's
Office, but delay legal action for sixty (60) days.
In response to Commissioner Garcia, Ms. Salzman stated staff will do follow up on the property to
ensure the number of cows are decreased and the debris from the mobile home is removed.
Ms. Salzman stated she would request that Mr. Yera provide the name of the tenant and his physical
address for the purpose of contacting them if this matter has to go to the County Attorney's Office.
Mr. Yera provided the name of Manuel as being the tenant; however, he did not have a last name,
but told the Board he would provide that information to Ms. Salzman, and stated his address is:
618 13th Avenue, Greeley, Colorado.
Juan Yera, property owner, stated he has rented out this property for one year and has no personal
belongings located on the property. Mr. Yera stated he has spoken with Manuel, tenant, and told
him he needs to clean the debris from the mobile home up, and has provided the tenant with a
dumpster for the debris to be removed from the property. Mr. Yera stated he personally inspected
the property over the weekend and again yesterday, and noticed the tenants have been making
some progress. Mr. Yera understands this matter is his responsibility; however, he is seeking help
from the tenants and they seem to be complying with his request to clean the property. Mr. Yera
stated he is in the process of filing for bankruptcy, he lost his job a year and half ago and has been
unable to find more work, he would like to keep the property; however he is unable to keep current
on the payments and the tenants have not paid him for seven months because of the bankruptcy
process. Mr. Yera spoke with the tenants about the number of cows on the property and explained
to them they would either need to decrease the numbers or apply for a USR to allow the larger
number of cows. He believes they will just decrease the amount; however, he will speak with them
again.
Commissioner Long stated going through the USR process would be a decision Mr. Yera would
have to make and not the tenants, further explaining that under the circumstances it may not be in
the best interest of Mr.Yera to go through the process if he does not intend on keeping the property.
Commissioner Rademacher moved to refer ZCV #1000166 against Juan Yera to the County
Attorney for legal action, with the instruction to delay action upon such referral until May 8, 2011, to
allow adequate time for the property owner to remove all debris from the demolition of the mobile
home as well as decrease the number of cows on the property or submit an application for a Use by
Special Review permit. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
There being no further discussion, the hearing was completed at 10:45 a.m.
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This Certification was approved on the 14th day of March, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk t. W
EXCUSED
Sean P on y, Pro-Tem
BY:
Deputy Clerk to the B
ilkiam F. Garcia
'PRO- DAS .a " SRM: a, F cam,-
David E. Long, Actin ro-Tem
'onfyr tor ? ,
c D glas demacher
Date of signature: a
CD#2011-3
Hearing Certification, Zoning Violations
March 8, 2011 2011-0616
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