HomeMy WebLinkAbout20100727.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on April 13th, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem — EXCUSED UNTIL 10:40 A.M.
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Elizabeth Strong
Assistant County Attorney, Stephanie Arries
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Ann Siron
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#1000007 -MULLISON: 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
Sections 23-3-20, 23-3-30, 23-3-40, and 23-3-40.H of the Weld County Code. To bring the property
into compliance, the number of cats shall be reduced to four(4) or a Use by Special Review(USR)
permit must be obtained. Ms. Salzman stated she spoke to Dorothy Mullison, property owner, prior
to the hearing and she indicated she has ceased feeding the feral cats within the Town of Roggen
for the past six(6)weeks, and she indicated she will also no longer provide water for the cats, since
the stray cats congregate at the property because food and water have been provided at the
location. She stated the State Inspector for the Pet Animal Care Facilities Act (PACFA), Jennifer
Leslie, indicated if the property owners provide food and water for the cats, the property owners
assume ownership of the cats, and a PACFA license is required for the property owners to have
eight(8)or more cats on the property. She stated if the property owners cease to provide water and
food to the local stray cats, there is no need for the property owners to obtain a USR permit or
PACFA license, since the property owners have just two (2) indoor cats. Ms. Salzman
recommended the case be dismissed, and she stated the property owners will be working with
Divine Feline, an organization which will attempt to capture the feral cats and spay and neuter the
cats free of costs, and the population of stray cats will eventually diminish. In response to Chair
Rademacher, Ms. Salzman stated the feral cats will be released at the same location where the cats
are captured by Divine Feline; however, the cats will be unable to breed. In response to
Commissioner Conway, Ms. Salzman stated the number of cats present on the property has
fluctuated and there were approximately 18 cats when she initially visited the site. Responding to
Chair Rademacher, Ms. Salzman stated this matter was brought to staffs attention as the result of a
complaint, and she stated there were approximately six (6) cats on the property at the time of her
last site visit; therefore, it appears the cats are beginning to leave the location, since the property
owners are no longer providing food. Commissioner Long inquired as to what will prevent people
from continuing to provide food and how it will be monitored. Ms. Salzman indicated she shares
Hearing Certification, Zoning Violations
April 13, 2010 2010-0727
Page 1
C'C:Pi_ - 0/O PL0824
Commissioner Long's concerns and food bowls remained on the property at her last site visit, even
though the property owners insist they have not provided food for six(6)weeks and will not provide
food in the future. Chair Rademacher stated it is not humane to spay, or neuter,the cats and return
the cats to the same area, without a food source. In response to Commissioner Garcia,
Ms. Salzman stated she was told there is an organization within the City of Fort Lupton which will
accept the feral cats.
Ruth Pelton-Roby, legal representative for the property owners, stated Divine Feline will place a
mobile clinic within the Town of Roggen, and trap, neuter or spay, and release the feral cats, unless
the cats are ill, in which case, Divine Feline will take the cats in order to treat them. Ms. Pelton-Roby
stated there has always been a large population of feral cats in the Town of Roggen, and there are
several families who feed the cats, in addition to the Mullisons. In response to Chair Rademacher,
Ms. Pelton-Roby stated there will be no cost to the Mullisons for Divine Feline treating the sick feral
cats, and Divine Feline will also provide free vaccinations for the healthy cats it neuters, or spays,
and releases.
Gary Schwartz, Weld County Animal Control, stated Every Creature Counts is the name of the
organization in the City of Fort Lupton which will accept the cats; however, the cats must be
transported to the facility. Mr. Schwartz stated Animal Control will provide traps free of charge to
assist the Mullisons, if they would like to surrender the animals to Every Creature Counts; however,
the Mullisons will be responsible for transporting the cats to the City of Fort Lupton and they will be
required to sign a release form indicating they will replace any damaged or lost traps. He stated the
trap and release programs are popular within the State of Colorado, and the programs are
successful over a period of several years in reducing the feral cat populations. In response to Chair
Rademacher, Mr. Schwartz stated he is unfamiliar with Divine Feline's protocol; however,typically,
these types of organizations spend several days at the location and attempt to neuter or spay all of
the feral cats at that time, as opposed to spaying or neutering a few cats each time over many visits.
Chair Rademacher inquired as to whether Divine Feline and Every Creature Counts could
coordinate a situation where the cats are immediately placed at Every Creature Counts after Divine
Feline has provided the spaying and neutering services, instead of attempting to recapture the cats
after the cats have been released by Divine Feline. Mr. Schwartz stated Every Creature Counts will
perform spaying and neutering services at its organization, in addition to adoption services;
however, it charges a fee for spaying and neutering services. He further stated the trap and release
organizations remove a piece of the cats'ears in order to be able to identify whether a cat has been
spayed or neutered.
Commissioner Conway moved to dismiss ZCV#1000007 against Steven and Dorothy Mullison. The
motion was seconded by Commissioner Long and it carried unanimously.
BCV #0900108 - TREJO/TREJO SIGALA: 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
Section 29-3-160 of the Weld County Code. To bring the property into compliance,the wood frame
shall be demolished or moved to meet the required setbacks. She stated a building permit was
obtained; however, through the review process it was determined the structure does not meet the
required offset from the property line and no further inspections can be completed. She stated she
has spoken to Benjamin Trejo, property owner, and he is willing to do what is necessary to bring the
property into compliance, and he is in attendance at the hearing. Ms. Gregory recommended the
matter be referred to the County Attorney's Office, with the instruction to delay action for 30 days,
since a permit has been obtained and the property owners are willing to cooperate. In response to
Chair Rademacher, Ms. Gregory stated the property is located within a subdivision; however, a
permit is required everywhere, even if the property is agricultural exempt.
Hearing Certification, Zoning Violations
April 13, 2010 2010-0727
Page 2 PL0824
Eduardo Marquez, translator, stated Mr. Trejo has already begun to cut the structure back four (4)
feet in order to meet the setback requirements, and Mr. Trejo will call the County for an inspection
when the process is complete. In response to Chair Rademacher, Mr. Marquez stated 30 days is
adequate time for Mr. Trejo to bring the property into compliance. In response to Commissioner
Conway, Mr. Marquez stated after the necessary portion of the structure has been removed, the
property owner will contact staff for an inspection; therefore, additional feet of the structure can be
removed, if necessary, before the structure is closed. In response to Commissioner Conway,
Ms. Gregory stated staff is satisfied with Mr. Trejo's plan.
Chair Rademacher provided the opportunity for public testimony; however, none was given.
Commissioner Long moved to refer BCV #0900108 against Benjamin Trejo and Benjamin Trejo
Sigala, Sr., to the County Attorney for legal action, with the instruction to delay action upon such
referral until May 13, 2010, in order to allow adequate time for the property owners to remove a
portion of the structure to meet the setback requirements. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
BCV#1000018 - MUNOZ: Ms. Gregory presented the case report for the record and pursuant to
the case file, this property is in violation of Section 29-3-10 of the Weld County Code. To bring the
property into compliance, an application for a building permit must be submitted, the setbacks must
be verified, all the fees must be paid, and the inspections must be completed. She stated the
property owners visited the Department of Planning Services in order to inquire about a building
permit for a pole building which was already under construction; however, an application for a
building permit has not been submitted, and during a site visit the inspector observed the structure
may not meet the required setbacks. She recommended the matter be referred to the County
Attorney for immediate legal action.
Neither Maria Munoz, nor a representative, were present, and Chair Rademacher provided the
opportunity for public testimony; however, none was given.
Commissioner Garcia moved to refer BCV#1000018 against Maria Munoz to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Conway, and it carried
unanimously.
BCV#1000027 -VEGA: Ms. Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Section 29-3-10 of the Weld County Code. She stated this
and the next case involve the same property owner. To bring the property into compliance, an
application for a building permit must be submitted for the remodel of the commercial building, all the
fees must be paid, and the inspections must be completed. She recommended the matter be
referred to the County Attorney for immediate legal action.
Nancy Vega, representative for the property owner, stated Abelardo Vega, property owner, has
indicated he will apply for the building permit. In response to Chair Rademacher, Ms. Vega stated
Mr. Vega is often out of town and it may take up to 60 days for him to submit an application. Chair
Rademacher stated 30 days should be adequate for Mr. Vega to submit the application for a
building permit. In response to Commissioner Conway, Ms. Gregory stated Ms.Vega may complete
the application on behalf of Mr. Vega; however,the fees will not be determined until the application
has been reviewed. Further responding to Commissioner Conway, Ms. Gregory stated she does not
have an application with her to provide for Ms. Vega; however, Ms. Vega may pick one up from her
after the hearing, or she can mail Ms. Vega the application. Commissioner Long stated submitting
the application is only one step of the process and he inquired as to how Mr.Vega will complete the
process if he is rarely in town. In response to Chair Rademacher, Ms. Gregory stated both of the
Hearing Certification, Zoning Violations
April 13, 2010 2010-0727
Page 3 PL0824
cases associated with this property owner are repeat violations and there have been ongoing issues
with both buildings. Further responding to Commissioner Rademacher, Ms. Gregory confirmed the
sole matter being considered for this case today is the application for a building permit, and the
amount of time allowed to complete the construction will depend upon the cost of the project. In
response to Commissioner Long, Ms. Gregory stated the property owner will be eligible for one (1)
six(6) month extension. In response to Chair Rademacher, Ms. Gregory stated the property owner
previously obtained a permit; however, the permit was vacated and the business was closed, and
the business has subsequently reopened.
Ken Swanson, Building Official, confirmed Mr. Vega obtained a building permit for this property;
however, the construction project included additional work which extended beyond the scope of the
initial permit; therefore another permit is required. In response to Chair Rademacher, Ms. Vega
stated she understands the process.
Chair Rademacher provided the opportunity for public testimony; however, none was given.
Commissioner Long moved to refer BCV#1000027 against Abelardo Vega to the County Attorney
for legal action, with the instruction to delay action upon such referral until May 13, 2010, to allow
adequate time for the property owner to submit an application for a building permit. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
BCV#1000033-VEGA: Ms. Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Section 29-3-10 of the Weld County Code. To bring the
property into compliance, an application for a building permit must be submitted for the remodel of
the commercial building, all the fees must be paid, and the inspections must be completed. She
stated this building was intended to be utilized as a restaurant; however,the building permit expired
and the restaurant was never opened. She stated remodeling of the building has reconvened
without a building permit being obtained. Ms.Vega stated Mr.Vega will apply for the permit and pay
the associated fees within 30 days.
Chair Rademacher provided the opportunity for public testimony; however, none was given.
Commissioner Garcia moved to refer BCV#1000033 against Abelardo Vega to the County Attorney
for legal action, with the instruction to delay action upon such referral until May 13, 2010, to allow
adequate time for the property owner to submit an application for a building permit. The motion was
seconded by Commissioner Long, and it carried unanimously.
ZCV#0900357-ZAMORA: Ann Siron, Department of Planning Services, presented the case report
for the record and pursuant to the case file, this property is in violation of Sections 23-3-150,
23-3-150.A, 23-3-150.B, and 23-3-150.C of the Weld County Code. To bring the property into
compliance, the noncommercial junkyard consisting of automobile and tractor-trailer parts and
debris must be removed from the property. Ms. Siron recommended the matter be referred to the
County Attorney for immediate legal action, since she has not been contacted by the property
owner. In response to Commissioner Garcia, Ms. Siron confirmed after the notice of the hearing
was posted on the property, there were not any phone calls received by staff acknowledging the
notice; however, on April 12, 2010, she verified the notice had been removed from the door.
In response to Chair Rademacher, Stephanie Arries, Assistant County Attorney, stated staff has
provided adequate notice of the hearing to the property owner. In response to Commissioner
Garcia, Ms. Siron stated it appears there are currently people residing on the property and she has
observed vehicles being parked in different locations on the property at different site visits.
Hearing Certification, Zoning Violations
April 13, 2010 2010-0727
Page 4 PL0824
Neither Eramida Zamora, nor a representative, were present.
Commissioner Garcia moved to refer ZCV #0900357 against Eramida Zamora to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
ZCV#0900365 -GARCIA: Ms. Siron presented the case report for the record and pursuant to the
case file,this property is in violation of Sections 23-3-20, 23-3-30, and 23-3-30.1 of the Weld County
Code. To bring the property into compliance, the noncommercial junkyard consisting of derelict
vehicles, campers/trailers, automobile parts and other miscellaneous debris shall be removed,
restored, or completely screened from all adjacent properties and public rights-of-way.
Andrea Garcia, property owner, stated her husband is deceased and she has been ill. Ms. Garcia
stated some clean-up of the property was completed last year; however, she has been ill since then,
she has nobody to assist her, and she is on a fixed budget; therefore, she cannot afford to pay for
assistance. In response to Chair Rademacher, Ms. Garcia stated she has children; however, her
children do not live in the area. Ms. Siron stated there are resources that will provide help for people
in Ms. Garcia's situation, and she will provide the information to Ms. Garcia after the hearing. In
response to Chair Rademacher, Ms. Siron recommended the matter be referred to the County
Attorney, with the instruction to delay action for 90 days, in order to allow time to coordinate
schedules. In response to Commissioner Conway, Ms. Siron stated any vehicles which are not in
running condition, or are not registered and licensed, need to be removed from the property, or the
vehicles may be screened from all adjacent properties and public rights-of-way. Ms. Garcia stated
all of the vehicles are in running condition; however,the batteries were stolen and she cannot afford
to license and insure the vehicles; therefore, she will be removing the vehicles from the property.
Chair Rademacher provided the opportunity for public testimony; however, none was given.
Commissioner Conway moved to refer ZCV#0900365 against Andrea Garcia to the County Attorney
for legal action, with the instruction to delay action upon such referral until July 13, 2010, to allow
adequate time for Ms. Garcia to coordinate the clean-up with available resources. The motion was
seconded by Commissioner Long. Commissioner Garcia stated the Board does not typically grant
this much time for a property owner to bring a property into compliance; however, he agrees with the
proposed timeframe for this situation. There being no further discussion, the motion carried
unanimously.
ZCV #1000009 - CATENCAMP: Ms. Salzman presented the case report for the record and
pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, and 23-3-30.1 of
the Weld County Code. To bring the property into compliance, the noncommercial junkyard
consisting of gutters, wood, tires, metal, and miscellaneous debris must be completely screened
from all adjacent properties and public rights-of-way. She stated there are currently several types of
unapproved screening on the property; however, one side of the noncommercial junkyard is
appropriately screened. She recommended the case be referred to the County Attorney for
immediate legal action, since the property owners have not contacted staff. In response to Chair
Rademacher, Ms. Salzman stated the Code states the proposed fencing must be approved by staff,
and the reason staff requires earth tones for the metal fencing is for reflection purposes, and
neighbors have found other colors of metal fencing offensive in previous cases. In response to
Commissioner Conway, Ms. Salzman confirmed the property is inhabited. Responding to Chair
Rademacher, Ms. Salzman confirmed she received confirmation of mail delivery of the notice on
March 11, 2010. (Clerk's Note: Commissioner Kirkmeyer is now in attendance; it is 10:40 a.m.)
Neither Lou Ann Catencamp, nor a representative, were in attendance.
Hearing Certification, Zoning Violations
April 13, 2010 2010-0727
Page 5 PL0824
Commissioner Long moved to refer ZCV #1000009 against Lou Ann Catencamp to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
ZCV#1000015-PRESCHER: Ms. Salzman presented the case report for the record and pursuant
to the case file, this property is in violation of Sections 23-3-20, 23-3-30, and 23-3-30.1 of the Weld
County Code. To bring the property into compliance, the noncommercial junkyard consisting of
derelict vehicles and miscellaneous debris must be completely screened from all adjacent properties
and public rights-of-way, or the derelict vehicles shall be operational at all times and proof of the
current registrations must be submitted. She stated this property has repeatedly been in violation of
the Code;the property was initially in violation due to a noncommercial junkyard in the year 1996, at
which time the matter was referred to the County Attorney, and the case was closed in the
year 1997. She further stated in the year 2006 the property was in violation again due to a
noncommercial junkyard and referred to the County Attorney;therefore, she recommends immediate
referral to the County Attorney. In response to Commissioner Conway, Ms. Salzman stated there
are two (2) derelict vehicles on the property, one (1) of the vehicles has a rear license plate;
however, the tags expired in the year 2007, and the other vehicle does not have license plates.
Further responding to Commissioner Conway, Ms. Salzman stated the current owner is the same
owner as when the previous violations occurred.
Neither Kathy Prescher, nor a representative, were present.
Commissioner Garcia moved to refer ZCV#1000015 against Kathy Prescher to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Conway, and it carried
unanimously.
ZCV#1000005-CORONET INVESTMENT COMPANY, LLC/ALTHEN: Ms. Salzman presented
the case report for the record and pursuant to the case file, this property is in violation of
Sections 23-2-150, 23-2-150.C, 23-2-150.L, 23-3-230, and 23-3-230.E of the Weld County Code.
To bring the property into compliance, an application to modify the existing Site Plan Review(SPR)
must be submitted, an application for a Use by Special Review (USR) must be submitted for an
automobile salvage business/junkyard, or the derelict vehicles and miscellaneous debris must be
removed. She stated there was a business on the property which was permitted through SPR#363;
however, a new business has been added in the rear building on the property which appears to be
an automobile salvage business/junkyard where vehicle parts are sold, and a USR is required for
this type of business to be allowed on the property. She stated a representative for Coronet
Investment Company has travelled from the State of Nevada to attend today's hearing, and a pre-
application meeting will occur later today. Ms. Salzman recommended the matter be referred to the
County Attorney, with the instruction to delay action for 90 days, since the pre-application meeting
will be conducted today, and taking into consideration that the representative resides out of the
State. In response to Commissioner Conway, Ms. Salzman stated this matter was brought to staffs
attention as the result of a complaint. In response to Chair Rademacher, Ms. Salzman clarified the
existing plan is a SPR, which will be vacated, and a USR permit will encompass the entire parcel.
In response to Chair Rademacher, Kurt Althen, Coronet Investment Company, LLC, stated he is
willing to follow the process. He stated the tenant had indicated he would resolve this matter;
however, he has not heard from the tenant or received the rent. In response to Chair Rademacher,
Ms. Salzman stated the pre-application meeting is scheduled for 1:00 p.m. this afternoon. In
response to Chair Rademacher, Mr. Althen stated he is the sole owner of Coronet Investment
Company, LLC. In response to Commissioner Garcia, Ms. Salzman stated once the application for
a USR is submitted, the case is placed on hold, pending the outcome of the application process.
Chair Rademacher stated it may be premature to apply for a USR permit, since the tenant may not
Hearing Certification, Zoning Violations
April 13, 2010 2010-0727
Page 6 PL0824
return and Mr.Althen may simply be removing the derelict vehicles and miscellaneous debris from
the property. Ms. Salzman concurred and stated this is another reason she is requesting the 90 day
delay; to allow Mr. Althen to evaluate his options. In response to Chair Rademacher, Mr. Althen
stated he has not put the property on the market; however, there is a surrounding property owner
who has displayed an interest in purchasing the property.
Chair Rademacher provided the opportunity for public testimony; however, none was given.
Commissioner Conway moved to refer ZCV#1000005 against Coronet Investment Company, LLC,
and Kurt Althen to the County Attorney for legal action,with the instruction to delay action upon such
referral until July 13, 2010,to allow adequate time for the property owner to submit an application for
a USR permit, or remove the derelict vehicles and miscellaneous debris. The motion was seconded
by Commissioner Kirkmeyer, and it carried unanimously.
ZCV#0900371 -SCHWADER: Ms. Salzman presented the case report for the record and pursuant
to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.O, and
23-3-40.R of the Weld County Code. To bring the property into compliance, an application for a
USR permit must be submitted, or the commercial activity must cease. She stated a pre-application
meeting was conducted on February 11, 2010, and she spoke with Kurt Schwader, property owner,
yesterday, and he indicated he had hired Joe Ingalls after the pre-application meeting; however, he
has not been able to speak to Mr. Ingalls since he hired him. She recommended the matter be
referred to the County Attorney, with the instruction to delay action for 60 days, since it is unknown
how far Mr. Ingalls has gotten with the USR application and 60 days is the typical timeframe allowed
for the entire application process. In response to Chair Rademacher, Ms. Salzman stated when the
pre-application meeting occurred, there was not a consultant present.
Becki Schwader, property owner, stated she and her husband were referred to Mr. Ingalls, and they
paid him a retainer, in the amount of $1,000.00, and Mr. Ingalls indicated it would cost another
$1,000.00 to conduct the survey. Ms. Schwader stated she contacted Landmark Engineering to
conduct the survey, and Landmark Engineering e-mailed the survey to Mr. Ingalls last Wednesday;
therefore, she thought he would be in attendance today; however, he is not here. She stated
Mr. Ingalls indicated he was going to request an extension from the Department of Planning
Services and it would not be necessary for the property owners to attend the hearing today. She
stated Landmark Engineering indicated it can facilitate the USR process; however, she does not
know where Mr. Ingalls can be found and she has paid him $1,000.00. Commissioner Conway
recommended that Ms. Schwader contact the District Attorney's Office regarding the matter with
Mr. Ingalls. In response to Chair Rademacher, Ms. Salzman stated Mr. Ingalls has not contacted
the office regarding the matter, and the Scwaders participated in the pre-application process without
a consultant being present.
Chair Rademacher provided the opportunity for public testimony; however, none was given.
In response to Ms. Schwader, Tom Parko, Department of Planning Services, stated the standard
USR permit application is typically $1,300.00. Ms. Schwader stated she was told the fee is now
$2,500. Commissioner Kirkmeyer stated the fee may be $2,500.00 for a commercial business,
since the $1,300.00 fee applies to residences, and there may be additional out-of-pocket costs if
there are other types of engineering, screening, or landscaping required. In response to Chair
Rademacher, Mr. Parko confirmed the fee is due when the application is submitted. Ms. Salzman
clarified the fee is $2,500.00, and it is due when the application is submitted. She stated there will
be a change of use for the building;therefore, it is likely there will issues with the building; however,
the additional associated costs and fees are unknown until the referral agencies respond regarding
the agencies' requirements. In response to Chair Rademacher, Ms. Salzman confirmed the
Hearing Certification, Zoning Violations
April 13, 2010 2010-0727
Page 7 PL0824
applicants must pay the application fee prior to being able to determine what the additional costs
may be. Ms. Schwader stated there will not be a drainage report necessary, which will lessen the
costs. Chair Rademacher stated staff will address any additional costs when it is able to and the
Schwaders will not be assessed any costs which are not necessary.
Commissioner Garcia moved to refer ZCV #0900371 against Kurt and Becki Schwader to the
County Attorney for legal action,with the instruction to delay action upon such referral until June 13 ,
2010,to allow adequate time for the property owners to submit an application for a USR permit. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
ZCV#0900342-THOMAS: Ms. Salzman presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.O, and
23-3-40.R of the Weld County Code. To bring the property into compliance,a Notice of Inquiry must
be completed by the City of Longmont, an application to modify the Regional Urbanization Area
(RUA) must be submitted, and a Planned Unit Development (PUD) application must be submitted,
or the business must be closed and all the commercial vehicles and materials removed. She stated
she spoke to Doyle Thomas, property owner, and he indicated it is his intention to move the
business to another location; therefore, she recommends the matter be referred to the County
Attorney, with the instruction to delay action for 60 days, to allow the business adequate time to be
moved to an appropriately zoned location. In response to Commissioner Kirkmeyer, Ms. Salzman
stated the property is within the Mixed Use Development (MUD) area and it is zoned residential;
however, she needs to defer to a planner to explain any further details.
Mr. Thomas stated he purchased the business from his father-in-law and relocated it to his father's
property, it has been at its current location for some time, and it was recently brought to his attention
the property is not zoned properly. He stated his property is under contract; therefore, he is waiting
for the sale to be completed, in order to purchase another property. In response to Commissioner
Conway, Mr. Thomas stated the property has been under contract for two(2)years. In response to
Chair Rademacher, Mr. Thomas stated he is in the process of verifying the zoning for the new
potential location of the business.
Commissioner Kirkmeyer stated the case file indicates the MUD area is zoned A (Agricultural).
Ms. Salzman confirmed it is zoned A (Agricultural) within the MUD; however, according to
Section 23-3-340.R of the Weld County Code, Mr. Thomas must follow the PUD process. In
response to Commissioner Kirkmeyer, Ms. Salzman confirmed when the MUD map was amended, a
MUD area with A (Agricultural) zoning remained. Mr. Parko clarified the property is located within
the 1-25 RUA area, previously known as the MUD area, and any property owners within the RUA
must follow the amendment process. He stated there are a variety of land uses in the RUA,
including commercial and agricultural and this particular property would typically be zoned PUD
within the RUA. Chair Rademacher inquired as to whether the property owners would be in
compliance if they applied for a Change of Zone (COZ). Mr. Parko stated staff would have to
evaluate the COZ application and determine if the use is a Use by Right. Chair Rademacher
suggested this matter be referred back to the Department of Planning Services staff to resolve.
Commissioner Kirkmeyer concurred and stated the matter needs to be further discussed.
Commissioner Kirkmeyer moved to refer ZCV#0900342 against Jesse and Doyle Thomas back to
the Department of Planning Services. The motion was seconded by Commissioner Conway, and it
carried unanimously.
Hearing Certification, Zoning Violations
April 13, 2010 2010-0727
Page 8 PL0824
This Certification was approved on the 19th day of April, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD e . OLORADO
ATTEST: ,` . 11.3 ���, �:,
41% gl Rade p acher ' hair
Weld County Clerk to the Boa L i86i i v A.1
'
i ara Kirkmeyer, •ro-Tem
BY: L.L�� . •�_`J,�fa'�ls�: � /) �-
Dept Clerk Jhe -o rd 'i f "; '-S� (/
Sean P. Y .,
APP FORM:
m . Garc
n y Attorney C Ce
David E. Long
CD #2010-04
Hearing Certification, Zoning Violations
April 13, 2010 2010-0727
Page 9 PL0824
co
th fra
le � �
Z
\ f
o «
cm
cii
\
\
\
c
N as
\ 2
2 \ � \
u \
w N %w t_ \�
co
� ? _ \
z / { .
z
< . J.:
WZ 0
\ j • \
\ % \ \
« n co 2N. @
) \ C \
N E $ 7
§
/ \
\
ce cc o 3 � ‘
/ - \
z 1—
(/) \ \ ,
} ‘ � C -
. ;
\ k 2
, 4',.
. ,
-J J / Q2
Hello