HomeMy WebLinkAbout20112165 RECORD OF PROCEEDINGS
VIOLATION HEARINGS AGENDA
TUESDAY, AUGUST 9, 2011 CD #2011-8 (V)
ROLL CALL:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean Conway, Pro-Tern
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Stephanie Arries
Acting Clerk to the Board, Tonya Disney
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Building Inspection, Frank Piacentino
CLOSED CASES:
Upon a follow-up inspection, the Compliance Officer has determined that the following cases are no longer in
violation and recommends they be closed.
1) ZCV#1100049 - MELVIN BAYNE TRUST
REFERRED BACK TO PLANNING:
The Compliance Officer is working with the appropriate parties to close the following cases, and they do not need to
be heard by the Board of County Commissioners at this time.
1) ZCV#1100040 - BREHON [2011-2171]
2) ZCV#1100041 -AMEN [2011-2172]
OLD BUSINESS:
1) ZCV#0900341 - STROH (con't from 08/10/10) [2011-2166]
NEW BUSINESS:
1) BCV#0900081 - OLINGER [2011-2167]
2) BCV#1000146 -ACME INVESTMENTS/CARDENAS [2011-2168]
3) BCV#1100058 - TREJO (referred back to Planning) [2011-2169]
4) ZCV#1100060 - NAVA [2011-2173]
5) ZCV#1100062 -ALARCON (con't to 10/11/11) [2011-2174]
6) ZCV#1100083 - MEZA [2011-2175]
7) ZCV#1100048 - MEZA/GUADALUPE [2011-2176]
2011-2165
PL0824
Memorandum
#i 4 To: Board of County Commissioners August 4,2011
IW♦♦ ILDFrom:e Bethany Salzman,Zoning Compliance Officer II, Dept.of Planning Services
Subject: Legal Action Authorization
COLORADO
The Department of Planning Services staff has scheduled the following violations to be considered at the
August 9, 2011 hearing beginning at 10:00 a.m. The Department of Planning Services staff is requesting
that the Board review the individual cases and determine whether or not to authorize legal action to remedy
the violations.
Weld County Zoning Violation Cases Continued from previous hearing:
ZCV09-00341 Lester Stroh
Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-20.A, 23-3-30 and 23-3-30.C and Chapter 23,
Article IV(4), Division 3 of Section 23-4-130 of the Weld County Code.
The mobile homes shall be removed or re-justified as annually required for Accessory to the Farms.
Weld County Zoning Violation Cases:
ZCV11-00049 Melvin Bayne Trust
Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.R of the Weld County
Code.
The commercial operation shall be removed or a Use by Special Review(USR) application shall be
completed and submitted to the Department of Planning Services.
ZCV11-00040 Edward & Kimberly Brehon
Chapter 23, Article 111(3), Division 3 of Sections 23-3-230, 23-3-230.B, 23-3-230.6.11, 23-3-230.C and 23-3-
230.E of the Weld County Code.
Appropriate zoning permits shall be completed and submitted to the Department of Planning Services or the
businesses shall be removed from the property.
ZCV11-00041 Todd & Rhonda Amen
Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.R of the Weld County
Code.
The commercial operation shall be removed or a Use by Special Review(USR) application shall be
completed and submitted to the Department of Planning Services.
ZCV11-00060 Alfredo & Carmela Nava
Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.M of the Weld County Code.
The Commercial Vehicle shall be removed or a Zoning Permit for a Commercial Vehicle (ZPCV) application
shall be completed and submitted to the Department of Planning Services.
ZCV11-00062 Angelina Alarcon
Chapter 23, Article 111(3), Division 1 of Sections 23-3-20 and 23-3-20.A and Chapter 23, Article IV(4), Division
3 of Section 23-4-130 of the Weld County Code.
A Zoning Permit for a Mobile Home (ZPMH) application shall be submitted to the Department of Planning
Services or the mobile home shall be removed from the property.
ZCV11-00083 Jose Franco-Meza and Maria Rosa Meza
Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.B, 23-3-40.6.10, 23-3-50
and 23-3-50.D of the Weld County Code.
The number of Animal Units shall be reduced to fall within the standards allowed in the Agricultural Zone
District or a Use by Special Review (USR) application shall be completed and submitted to the Department of
Planning Services.
2011-2165
08109111 Violation Hearing Memo
Page 2
Weld County Zoning Violation Cases Cont...:
ZCV11-00048 Juan Manuel & Maria Guadalupe Meza
Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-40, 23-3-40.B, 23-3-40.B.10,
23-3-50 and 23-3-50.D of the Weld County Code.
The Noncommercial Junkyard shall be restored, removed or completely Screened from all adjacent properties
and public rights-of-ways.
The number of Animal Units shall be reduced to fall within the standards allowed in the Agricultural Zone
District or a Use by Special Review (USR) application shall be completed and submitted to the Department of
Planning Services.
Weld County Zoning Violation Cases Closed:
ZCV11-00063 Helen Hilligoss
"Closed" In compliance with Caregiver Statutes
ZCV11-00064 Dennis Neal, Inc
"Closed" In compliance with Caregiver Statutes
ZCV11-00065 Country Time, LLC
"Closed" Marijuana grow removed
ZCV11-00066 John & Alicia Rotherham
"Closed" Marijuana grow removed
ZCV11-00067 Bret Peterson
"Closed" Marijuana grow removed
ZCV11-00068 Carl Hatton First Revocable Trust
"Closed" Marijuana grow removed
ZCV11-00069 Carl Hatton First Revocable Trust
"Closed" Board dismissed on 07/12/2011 at Violation Hearing
ZCV11-00070 Kory Hanson
"Closed" Marijuana grow removed
COMP11-00096 Linda E Hardman
No Violation Complaint unfounded — No Violation
COMP11-00097 Betty J Kline
No Violation No Violation, USR = Probable Cause not Violation
COMP11-00108 Camelot Storage II LLC
No Violation No Violation — See e-mail under Documents
COMP11-00137 Mason Commercial Rentals, LLC
Closed Reference ZCV11-00077
COMP11-00139 Jyl Abbott
No Violation No Zoning Violation, Complaint referred to Weld County Sheriff's Office
COMP11-00140 Brent Catt
Closed Reference ZCV11-00078
COMP11-00141 Gary & Penny Frank
No Violation NCU-301 allows for more Animal Units than allowed as a Use by Right
08/09/11 Violation Hearing Memo
Page 3
Weld County Zoning Violation Cases Closed Cont...:
COMP11-00142 Gerald & Dalene McCloskey
Closed Reference ZCV11-00079
COMP11-00149 John & Laura Underhill
Closed Reference ZCV11-00082
COMP11-00157 Farfrumwurkin, LLLP
No Violation No Zoning Violation, Complaint referred to Planning for Probable Cause (USR-1488)
ZCV09-00147 Daniel & Kathleen Muth ****
"Closed" Noncommercial Junkyard removed
ZCV11-00046 Andrew & Judith Blakemore ****
"Closed" Commercial Vehicles removed
**** = County Attorney's Office
46,c(it MEMORANDUM
"Ilse To: Board of County Commissioners August, 2011
COLORADO From: Peggy Gregory, Building Compliance Officer
Department of Building Inspection
Subject: Legal Action Authorization
The Department of Building Inspection has scheduled the following violations to be considered at the August 9,
2011, hearing beginning at 10:00 a.m. The Department of Building Inspection is requesting that the Board review
the individual cases and determine whether or not to authorize legal action to remedy the violations.
Weld County Building Violation Cases:
BCV09-00081, Craig A and Rhonda L Olinger
Chapter 29, Article III, Section 29-3-10; Article VIII, Section 29-8-40 of the Weld County Code
A permit application and all applicable documentation shall be submitted for the detached garage, fees paid,
the permit issued, and all inspections completed.
BCV10-00146, Acme Investments, Jim Cardenas
Chapter 29, Article III, Section 29-3-10, Article VIII, Section 29-8-40 of the Weld County Code
A permit application and all applicable documentation shall be submitted for the existing sign, fees paid, the
permit issued, and all inspections completed.
BCV11-00058, Benjamin Trejo and Benjamin Trejo Sigala Sr.
Chapter 29, Article Ill, Section 29-3-10, Article VIII, Section 29-8-40 of the Weld County Code
A permit application and all applicable documentation shall be submitted to complete inspections on the
addition to the existing manufactured home, fees paid, the permit issued, and all inspections completed.
Weld County Building Violation Cases Closed:
COMP11-00130 Five Rivers Ranch Cattle Feeding LLC
"Closed" no violation
COMP11-00136 Richard and Pamela Heidbrink
"Closed" violation initiated
COMP11-00145 Jeremy Long
"Closed" violation initiated
COMP11-00146 JNET LLC
"Closed" violation initiated
COMP11-00153 Alf Equinox Todd Creek
"Closed" violation initiated
COMP11-00154 G&MZ Investments LLC
"Closed" violation initiated
COMP11-00158 MKA Investments
"Closed" no Violation
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Violation Hearing Summary
August, 2011
Page two
BCR09-00071 Gib Smith
"Closed" property sold
BCV09-00130 Robert Noiles
"Closed" building permit completed
BCV10-00085 Roland Wagner
"Closed" property sold
BCV10-00039 Osmar Paez
"Closed" building permit completed
BCV10-00081 Carl Hatton
"Closed" property in compliance
BCV10-00082 Carl Hatton
"Closed" property in compliance
BCV10-00097 Kirsten Taufer
"Closed" property in foreclosure
BCV11-00018 Scott Tarbell and Sharon Inglis
"Closed" building permit obtained
BCV11-00033 Bradley and Jane Keirnes
"Closed" building permit completed
BCV11-00064 Adams Bank and Trust
"Closed" demolition permit completed
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Weld County Violation Summary
Building Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Craig A and Rhonda L Olinger
Violation Number: BCV09-00081
Address: 7625 CR 19, Fort Lupton, CO 80621
Legal: Part of the N2S2NE4 of Section 28, T2N, R67W of the 6th P.M.,Weld County, Colorado
Location: West of and adjacent to County Road 19, South of County Road 18
North: Agricultural properties
South: Agricultural properties
East: Agricultural properties
West: Agricultural properties
Parcel Number: 1311-28-0-00-037 Acres: 2.5
Certified mail date: July 20, 2011 Received:
REMEDY
To bring the property into compliance, a permit application and all applicable documentation shall be
submitted for the detached garage, fees pajd, the permit issued, and all inspections completed.
RECOMMENDATION
The Department of Planning Services recommends this case be referred to the County Attorney but delay
action for 30 days to allow Mr. Olinger time to return to Colorado and apply for a new permit.
CASE HISTORY
March 16, 2007 Violation letter mailed for'expiration of permit number BCS-060098.
May 16, 2007 Phone call from owner's wife stating she will request an extension.
May 24, 2007 Phone call to owner, he will check with his wife to see if she has completed the
extension request.
Phone call from wife, she will send an e-mail request.
May 25, 2007 Extension request received and approved by the Building Official
February 27, 2008 Letter to advise of extension expiration.
April 11, 2008 Violation letter.
June 9, 2008 Per Building Official, a new permit application is required and a letter stating owners
will get an electrical permit when they are able to install electrical.
June 19, 2008 E-mail from owner stating construction has ceased and will get a new permit when
able to final the building.
July 7, 2008 Permit BCR08-00504 issued.
•
Page two
June 8, 2009 Letter to advise permit will expire on July 7, 2009.
July 9, 2009 14-day violation letter mailed.
August 21, 2009 Permit number BCR09-00586 issued.
October 14, 2009 Letter to advise permit will expire on November 19, 2009.
November 17, 2009 Extension approved
April 20, 2010 Letter to remind extension will expire on May 18, 2010.
June 1, 2010 Permit number BCR10-00352 issued.
May 3, 2011 Letter to advise permit will expire on June 1, 2011
June 2, 2011 14-day violation letter mailed.
July 20, 2011 Certified letter mailed indicating the violation case is scheduled before the Board of
County Commissioners.
August 3, 2011 Phone call to Mr. Olinger. He is in South Texas at this time as both he and his wife
haul oil to Texas. He will not be back in town until at least two weeks.
Hello