HomeMy WebLinkAbout20102922.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on December 14, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway- EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Tonya Disney
Deputy Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Stephanie Arries
Planning Department representative, Bethany Salzman
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:
ZCV#1000050 - METZGER: 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. Certified mail was sent on
October 28, 2010, and received signed on November 2, 2010. To bring the property into
compliance the existing Amended Site Plan Review#283 plat shall be recorded, which means all
Conditions of Approved needs to be completed prior to recording. The Site Plan Review(SPR)was
staff approved in February, 2010 and the Weld County Code states the plat shall be recorded within
60 days of approval,which has not yet occurred. Tom Parko, Department of Planning Services was
present and able to answer any questions about the outstanding Conditions of Approval; however,
staff had informed the property owners they will be requesting this matter be referred to the County
Attorney's Office, but delay legal action for 60 days. In response to Chair Rademacher, Ms.
Salzman stated that Kim Ogle, Department of Planning Services, has been in contact with the
property owners weekly. Chair Rademacher provided the opportunity for public testimony; however,
none was given.
Chair Rademacher clarified the recommendation from staff to refer the matter to the County
Attorney's Office with the delay of legal action for 60, days and Ms. Salzman concurred.
Commissioner Garcia moved to refer ZCV#1000050 against Darwyn and Christine Metzger to the
County Attorney for legal action, with the instruction to delay legal action upon such referral until
February 14, 2011, to allow adequate time for the property owner to complete all required Conditions
of Approval regarding the SPR #283 and have the plat recorded. The motion was seconded by
Commissioner Long, and it carried unanimously.
Hearing Certification, Zoning Violations
December 14, 2010 2010-2922
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ZCV#1000119 -ALLMER: 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 non-commercial junk yard shall be
removed, restored or completely screened from adjacent property owners or public rights-of-way;
there are also four homes on the property, two of which are stick built, and two that are mobile
homes. In 1984, ZPMH #924 was presented to the Board of County Commissioner for a medical
hardship temporary use; however,the annual re-justification has not occurred and staff is requiring
this be current. Ms. Salzman stated she spoke with Wendy Inloes prior to today's violation hearing
and she indicated since the same family is currently still occupying the property they would like to
have a new application filled out so staff's records can be updated and can determine if the medical
hardship still exists; however, no fees will be assessed in the process. Ms. Salzman further stated
she had the opportunity before the hearing today to explain to the Allmer family that the Department
of Planning services will need verification from their doctor stating there is still a need for the medical
hardship, and once the case has been brought to the Board, staff will generate a letter every year
requesting the doctors note. Ms. Salzman is requesting this matter be referred to the County
Attorney's Office but delay legal action for 60 days.
In response to Commissioner Garcia, Ms. Salzman explained that there are four homes on the
property and the property owners are only allowed one. She stated the reason staff is requesting
this matter be delayed for 60 days is to determine if the single wide home,the mobile home, and one
of the stick built homes are grandfathered in,which is the belief of the property owners. She further
stated this matter could possibly only require a Non Conforming Use application for each of the
homes and 60 days should be more than enough time to determine the requirements. She clarified
that if it is determined that the homes fall in to the NCU and ZMPH there will be no fee associated
with the process. In response to Chair Rademacher, Ms. Salzman stated if there is family living in
the second stick built home it would be considered an allowed use with the new Code that was
recently passed and it would not have to qualify for the NCU.
Chair Rademacher stated he would agree with the request of a delay of 60 days to determine if the
property owners are grandfathered in, as well as submit a medical hardship letter to staff.
Diana Romine, property owner, clarified one of the photographs taken by Ms. Salzman included a
photo of a blue van which does not belong to them nor is it on their property.
In response to Chair Rademacher, Ms. Salzman confirmed the non-commercial junk yard and the
four homes located on the property are the only concerns that are part of the violation today and that
yes, 60 days will be enough time to resolve the matter.
Commissioner Garcia verified with the property owners they understand what needs to be done with
the non-commercial junkyard and the screening that needs to take place. Debra Allmer, property
owner, confirmed that she understands what needs to be done; however, she does not understand
why that part of the violation was initiated. She stated that all but one of the vehicles are licensed
and running. In response to Commissioner Garcia, Ms. Salzman stated the non-commercial
junkyard in this matter deals with derelict vehicles, which consists of a vehicle that does not have a
current license plate and/or is inoperable. She stated it was explained to the property owners before
today's violation hearing that they can remove, restore or screen them from all adjacent property
owners or public rights-of-way. She further stated the violation was complaint initiated. Ms.Allmer
confirmed she does understand what needs to be done and will pursue having the one vehicle
removed from the property. Chair Rademacher stated they will need to decide what they want to do
with the one vehicle and if it is worth screening the property, or if it would be less hassle to have
Hearing Certification, Zoning Violations
December 14, 2010 2010-2922
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someone come to the property and remove the vehicle for them and possibly receive money for that
vehicle.
Areatha Allmer, property owner, requested that any correspondence be sent in large print so that
she can read it.
Commissioner Garcia moved to refer ZCV#1000119 against Areatha Allmer to the County Attorney
for legal action, with the instruction to delay legal action upon such referral until February 14, 2011,
to allow adequate time for the property owner to meet with the Department of Planning Services to
determine if a Non-Conforming Use application is required for any of the homes, and to either
screen the property or remove all derelict vehicles. The motion was seconded by Commissioner
Long, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:14 a.m.
This Certification was approved on the 20th day of December, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: i .s gstkir� t >l,v em �e GA^✓
�` �� ' 1-a% Douglas' ad her, Chair
Weld County Clerk to the :j:. . „p
4gt. . 0"1k XCUSED
• (i 1�!J,•�r arbara Kirkmeyer, Pro-Tem
BY: oriel '. a, -
Deputy Cler< to the Boa\® r 4�,EXCUSED
sU?$'/ Sean P. Corp
APP VED ORM: F�
VVOliam . Garcia
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David E. Long
CD#2010-12
Hearing Certification, Zoning Violations
December 14, 2010 2010-2922
Page 3 PL0824
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