HomeMy WebLinkAbout20102094.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on September 14, 2010, at 10:00 a.m.,with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem — EXCUSED until 10:30 a.m.
Commissioner Sean P. Conway— EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Deputy Clerk to the Board, Tonya Disney
Assistant County Attorney, Stephanie Arries
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
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#1000039—PAEZ: Commissioner Long moved to refer BCV#1000039 against Osmar Paez
back to the Department of Planning Services. The motion was seconded by Commissioner Garcia,
and it carried unanimously.
BCV#1000104 -WEIGANDT: Commissioner Long moved to refer BCV#1000104 against John
Weigandt back to the Department of Planning Services. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
BCV #1000083 - HUGHES LLC/SELLERS: 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. She stated this
violation was initiated from a complaint received regarding the installation of utilities without the
proper permits, and the mobile homes on the site being dismantled. She confirmed a Stop Work
order was issued to cease all activity until permits could be obtained, and the property owner came
to the Department on June 25, and clarified he intends to operate a tree farm on the property. She
further confirmed he was advised of the necessary permits, and to date, no application for permits
has been submitted and work on the property has continued, therefore, she recommended the
matter be referred to the County Attorney's Office, for immediate legal action.
Bing Sellers, property owner, confirmed it is his intention to start a tree farm on the property, and he
acknowledged he did receive a letter from staff, indicating it was necessary to pull permits, and it is
his intention to obtain the necessary permits. He apologized for not attempting to obtain the permits
earlier. In response to Chair Rademacher, Ms. Gregory suggested calling up the zoning violation for
the property and hearing the testimony related to it before making a motion on this matter. The
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Board concurred with Ms. Gregory, and Chair Rademacher read the next case into the record,to be
considered concurrently. (See discussion below).
Upon completion of the following item of business, Commissioner Long moved to refer
BCV#1000083 against Hughes LLC/Sellers to the County Attorney for legal action, with the
instruction to delay action upon such referral until October 14, 2010,to allow adequate time for the
property owner to work with staff regarding a resolution for the remodeling requirements of the
mobile homes on the site. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
ZCV#1000085—HUGHES LLC/SELLERS: 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. She stated the site
consists of 43.89 acres, and to bring the property into compliance, the mobile homes must be
removed from the property, since the conversion of mobile homes is not an allowed use within the
Weld County Code. She confirmed she explained to Mr. Sellers that he has the option of utilizing up
to two semi-trailers and up to two cargo containers as storage units on the property, as long as the
proper permits are obtained. She further confirmed the mobile homes must be removed from the
site, and she is recommending that the matter be referred to the County Attorney's Office for
immediate legal action.
Mr. Sellers clarified he is a home-builder by trade, and the recent economic downturn has really
provided a financial beating to his business. He confirmed he previously began a tree farm
operation; however, the lender of the property confiscated the property in 2008, including all of the
trees already planted. He explained he has been able to find enough work to support his family, and
he is trying to restart the tree farm business on this property. He confirmed he tries to be a good
neighbor, and the mobile home to be utilized as a residence on the property was donated by friends.
He clarified he was previously renting a residence within the City of Fort Lupton; however,the owner
of the property foreclosed, and he was forced to move his family out of the house. In response to
Chair Rademacher, Mr. Sellers clarified he intends to submit an application as an Accessory to the
Farm for one of the mobile home units to be turned into an office for the tree farm business, and as
soon as the economy improves, he intends to construct a permanent residence on the property;
however, in the mean time, one of the mobile homes serves as a home for his family. Further
responding to Chair Rademacher, Mr. Sellers confirmed he is willing to work with the Department
regarding the use of the mobile homes on the site, and he would like to be able to continue utilizing
the mobile homes already located on the property. He clarified he has made improvements within of
the mobile home, and the electrical and plumbing are in good condition. He confirmed he
understands neighbors may not like to see a mobile home on the property; however, it is located a
far distance from the road, and is not very visible. In response to Chair Rademacher, Mr. Sellers
indicated he is not sure of the year the mobile homes were manufactured.
Responding to Chair Rademacher, Ms. Salzman confirmed she has not had any additional contact
with Mr. Sellers until today, and there have been multiple complaints received by surrounding
property owners. Chair Rademacher clarified if the mobile homes were manufactured before the
year 1976, they are not allowed to be moved within Weld County, and it will not be possible for
Mr. Sellers and his family to live within the mobile home unless it is brought up to current residential
standards. Mr. Sellers acknowledged he understands building codes from his line of work, and he is
willing to do whatever work is necessary to bring the mobile home into compliance. He clarified he
received information regarding the necessary permits when he visited the Department back in
June, 2010; however, the Department has not contacted him since, until he received the certified
letter for this violation hearing. He indicated he did visit the Department earlier this morning to file
Hearing Certification, Zoning Violations
September 14, 2010 2010-2094
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the necessary permits; however, the necessary staff had already left the office to come to this
hearing. He reiterated the mobile homes on the property are not visible to surrounding properties,
and he described a situation with a surrounding property owner regarding the installation of the
water lines for the trees on the property. He confirmed the Sheriffs Office was contacted over the
dispute, caused by the neighbor's surveyor incorrectly marking the property line; however, the
situation has since been resolved. Ms. Salzman confirmed another complaint was received from a
surrounding property owner this morning, and she provided a copy of the letter for the record,
marked Exhibit A. Mr. Sellers clarified he is friendly with his neighbors, and is always willing to work
with his neighbors to resolve concerns if they make them known. In response to Chair Rademacher,
Mr. Sellers reiterated he, and his family, are currently residing within one of the mobile homes on the
property. Chair Rademacher provided the opportunity for public testimony; however, none was
provided.
Ms. Gregory clarified a Stop Work Order was previously issued on the property; however, Mr. Sellers
has continued to make improvements without obtaining the necessary permits. Chair Rademacher
indicated he understands the economy has tanked, and Mr. Sellers has the obligation of providing
for his family,therefore,this is a tough situation. He acknowledged the complaint letter provided for
the record indicates there are gunshots coming from the property, and in response, Mr. Sellers
clarified the property owners to the east hunt on the property frequently, and he is also able to hear
the noise from the activities; however, there are no hunting activities on his property.
In response to Chair Rademacher, Ken Swanson, Building Official, indicated he has not inspected
the mobile homes, and he is not sure if the homes were manufactured prior to the year 1976. He
clarified if Mr. Sellers intends to remodel the mobile home as a residence, a structural engineer will
be required to be utilized, as he will essentially be building a residence on top of a chassis. He
further clarified the renovation of one of the mobile homes to become an office must adhere to the
requirements contained within the commercial designations of the International Building Code(IBC),
and the residence will be required to adhere to the International Residential Code (IRC). Further
responding to Chair Rademacher, Mr. Swanson acknowledged if the units are in good shape, and
they were constructed after the year 1976, the units may be remodeled; however, if they were built
previous to the year 1976, they may not be remodeled. He explained any improvements made to
the mobile homes must meet the criteria of the IBC or the IRC since Mr. Sellers intends to gut the
mobile homes and rebuild. Chair Rademacher acknowledged Mr. Sellers should have worked with
staff regarding the necessary requirements before he began work on the mobile homes.
Responding to Chair Rademacher, Mr. Sellers explained he does not have a proper title for the
mobile homes,therefore, he is unsure of the year they were manufactured. Mr. Swanson reiterated
since some of the remodel work has already been completed within the units, Mr. Sellers must
complete all of the work in accordance with the IRC. Mr. Sellers explained he understands the
requirements contained within the IRC; however, so far he has only removed cabinets, and all of the
walls and wiring are existing and in good working condition.
In response to Commissioner Garcia, Mr. Sellers and Mr. Swanson both confirmed a period of
30 days will be adequate to make contact and to come to a resolution. Commissioner Long clarified
Mr. Sellers is a builder by trade, therefore, he will be able to provide the necessary improvements.
He confirmed Mr. Sellers will need to diligently work with staff to ensure the mobile home is up to
code, and he directed staff to be creative in how to accomplish that task. He indicated, as long as
Mr. Sellers is working toward a resolution of the matter, he needs to be given the benefit of the
doubt by staff. He confirmed he believes Mr. Sellers will uphold the comments he provided on the
record, and will continue to work with staff.
Hearing Certification, Zoning Violations
September 14, 2010 2010-2094
Page 3 PL0824
Commissioner Long moved to refer ZCV #1000085 against Hughes LLC/Sellers to the County
Attorney for legal action, with the instruction to delay action upon such referral until
October 14, 2010, to allow adequate time for the property owner to work with staff regarding a
resolution for the remodeling requirements of the mobile homes on the site. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
ZCV#1000091 -STAUDINGER: Commissioner Long moved to refer ZCV#1000091 against Troy
and Natasha Staudinger back to the Department of Planning Services. The motion was seconded
by Commissioner Garcia, and it carried unanimously.
ZCV#1000083-ALVAREZ: 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. She stated the property consists of approximately 31 acres, and the certified
mail sent to the property was returned signed by the property owner. To bring into compliance,the
zoning permit for the medical hardship must be re-justified, or the mobile home must be removed
from the property. Neither the property owner nor a representative was present, and Chair
Rademacher provided the opportunity for public testimony; however, none was given.
Commissioner Garcia moved to refer ZCV#1000083 against Steven and Charlene Alvarez to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Long, and
it carried unanimously.
ZCV#1000090—BANNER GROUP LLC: Ms. Salzman requested the matter be referred back to
the Department of Planning Services, so that staff may make another attempt to contact the property
owner through certified mail. Following discussion between Commissioner Garcia and
Ms. Salzman, Commissioner Garcia moved to continue ZCV#1000090 against Banner Group, LLC,
to October 12, 2010, at 10:00 a.m. The motion was seconded by Commissioner Long, and it carried
unanimously.
ZCV#0900045-KOENIG/STAGNER: 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. She clarified this violation has been carried forward, as staff has
not previously been able to receive a response from the certified mail. She indicated an inspection
was conducted on the property, at which time she gathered information from the license plates of
the vehicles located on the property. She confirmed notice was resent to the owner of the vehicles
on the property, who is the tenant, and staff did receive signed verification of the certified notice.
Ms. Salzman explained the property contains one derelict vehicle, and one vehicle which is properly
registered and is operational. She recommended the matter be referred to the County Attorney's
Office for immediate legal action. In response to Commissioner Garcia, Ms. Salzman confirmed
when this case was initiated, there was evidence of a non-commercial junkyard on the property;
however, most of the property has been cleaned up, and now only one derelict vehicle remains.
Neither the property owner nor a representative was present, and Chair Rademacher provided the
opportunity for public testimony; however, none was given.
Commissioner Long moved to refer ZCV#0900045 against Koenig/Stagner to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
ZCV #0900204 - STEELY: At the request of staff, Commissioner Long moved to continue
ZCV#0900204 against Rodney and Karen Steely to October 12, 2010, at 10:00 a.m. The motion
was seconded by Commissioner Garcia, and it carried unanimously.
Hearing Certification, Zoning Violations
September 14, 2010 2010-2094
Page 4 PL0824
ZCV#1000072 - HOFFSCHNEIDER: 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. She stated the property is approximately ten acres in size, and it
appears the property is being utilized for storage of materials from a previous oil and gas support
operation. She displayed photographs of the property, depicting tanker trucks,construction trailers,
and water holding on the site, and there is a large amount of storage along the back of the property,
with a large number of semi-trailers. She confirmed to bring the property into compliance,the items
must be removed, or the property owner must apply for a USR permit; however,there have been no
steps taken towards obtaining a USR permit. She clarified an Attorney for the property owner
indicated there were no storage uses on the site during a conversation in July, 2010, and she
volunteered to provide photographs of the site; however, she has never heard back from the
Attorney. She further clarified the Attorney claimed the equipment was actually located on a
separate property; however, during the inspection, it was clear that all of the items are located on
this property. She acknowledged the case was initiated upon complaints received from surrounding
property owners, who are present today.
(Commissioner Kirkmeyer is now present.)
Paul Gonzalez, surrounding property owner, confirmed the equipment and materials have been on
the property for almost nine months now. He clarified he previously heard information that the
property owner was intending to hold an auction on the site; however, when an auction did not
occur, he called the Department of Planning Services to make a formal complaint. He indicated the
property owner has been unresponsive, and has been leading his neighbors on regarding his intent
for the property. He confirmed the cranes and the large equipment on the site are creating an
eyesore in the area, and he expressed his concerns that the property owner may try to continue to
bring additional equipment to store on the site. He further confirmed it is his desire for the applicant
to be required to clean up his property.
Kathy Hardin, surrounding property owner, clarified she also has to look at all the junk on this
property, all hours of the day. She confirmed she was also notified that the storage on the site
would be temporary, until an auction could be held, and she was initially agreeable. She clarified the
auction never occurred, and she is also concerned that the property owner will continue to bring
more equipment to be stored on the site. She indicated all of the equipment is coming from a
dismantled sand and gravel operation. In response to Chair Rademacher, Ms. Salzman confirmed
proper notice was provided to the property owner; however, he is not present or represented today.
Commissioner Garcia moved to refer ZCV#1000072 against Rocky Hoffschneider to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
ZCV#1000065-WALKER: 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. She stated the property is approximately 17 acres in size, and to bring the
property into compliance,the multiple cargo containers on the site must be removed,or reduced to a
total of two (2), with the corresponding permits. She indicated the site is screened from adjacent
properties and public rights-of-way; however, the installed fence does not completely surround the
site. She displayed photographs of the property, and confirmed the property owner is present.
Rex Walker, property owner, clarified the cargo containers were brought to the site because he was
required to move from another property in a quick manner. He indicated the cargo containers were
Hearing Certification, Zoning Violations
September 14, 2010 2010-2094
Page 5 PL0824
on the site to house the materials necessary for the construction of the residence, and he is now
done with the containers; however, he has not been able to get rid of them. He confirmed he would
like to be able to sell the cargo containers to someone else who needs them, and he indicated he
believes he will be able to have the containers sold and removed from the property by June, 2011.
In response to Chair Rademacher, Ms. Salzman clarified some portions of the site require some
additional screening, including the storage area near the barn on the site, and the cargo containers
on the site must be reduced to a total of two, with the proper permits obtained. She confirmed the
adjacent property will be brought before the Board for a similar violation during next month's hearing.
Responding to Chair Rademacher, Mr.Walker confirmed there are currently eight cargo containers
located on the site; however, he does not intend to keep any of the containers. He confirmed
whenever he is able to sell the containers,they will be removed from the property; however, it will be
hard to market these containers, and/or remove them,during the winter months. Chair Rademacher
provided the opportunity for public testimony; however, none was given.
In response to Commissioner Kirkmeyer, Chair Rademacher indicated he does not want to cause
undue stress for Mr. Walker; however,the Board typically only allows 60 to 90 days for resolution of
matters such as these. Responding to Commissioner Garcia, Ms. Salzman confirmed the fence on
the site is very nice, and some portions still need to be completed, therefore, she recommended the
matter be referred to the County Attorney's Office,with a delay of action for 90 days. In response to
Chair Rademacher, Mr. Walker indicated he has a chronic health condition which will prevent him
from being able to remove the containers within 90 days, and he is requesting that the Board make
some sort of compromise. Commissioner Kirkmeyer clarified a period of several months has
already passed regarding this issue, and the Board typically only allows 90 days for the property to
come into compliance; however, in this instance, she is willing to consider a delay of action for up to
six(6) months, as previously proposed by Commissioner Long. Chair Rademacher concurred with
Commissioner Kirkmeyer.
Commissioner Long moved to refer ZCV#1000065 against Rex and Teresa Walker to the County
Attorney for legal action,with the instruction to delay action upon such referral until March 14, 2011,
to allow adequate time for the cargo containers on the site to be removed, and for the fencing on the
site to be completed. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
VI #0500004 — RICHARD/B & J AUTO: As requested by staff, Commissioner Long moved to
continue VI #0500004 against Richard/B & J Auto to October 12, 2010, at 10:00 a.m. 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.
Hearing Certification, Zoning Violations
September 14, 2010 2010-2094
Page 6 PL0824
This Certification was approved on the 20th day of September, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
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Weld County Clerk t0 th o�ed
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arbara Kirkmeyer, r -Tem BY: 691Deputy Clerk to the B ;°' EXCUSED
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Willi m F. Garcia
County Attorney
David E. Long;CD #2010-9(V)
Hearing Certification, Zoning Violations
September 14, 2010 2010-2094
Page 7 PL0824
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