HomeMy WebLinkAbout20101217.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on June 8, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Stephanie Arries
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
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#0800058 - NASH: 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. To bring the property into compliance, a
permit application and all applicable documentation shall be submitted to complete inspections on
the interior remodel of the existing dwelling, the permit issued, and all inspections completed. She
indicated the property consists of 76 acres, and she previously spoke with Ms. Nash,who indicated
she would obtain a new permit from the Department; however, she never visited the office to obtain
the permit. She recommended the matter be referred to the County Attorney's Office,with a delay of
action for 30 days.
Neither the property owner nor a representative was present, and Chair Rademacher provided the
opportunity for public testimony; however, none was given.
Commissioner Conway moved to refer BCV#0800058 against Patricia Nash to the County Attorney
for legal action, with the instruction to delay action upon such referral until July 8, 2010, to allow
adequate time for the property owner to obtain a new permit. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
BCV#1000042-VILLEGAS: Commissioner Conway moved to refer BCV#1000042 against Amy
Villegas back to the Department of Planning Services. The motion was seconded by Commissioner
Garcia, and it carried unanimously.
ZCV #101000044- GILMORE/RUSK: 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. To bring the
property into compliance, a building permit must be obtained for the cargo container located on the
site. She stated the property is 1.08 acres in size, and the certified mail receipt was not received,
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therefore, she posted a sign on the property for notification purposes. She indicated the container
appears to be empty,therefore, she is unsure of the property owner's intention. She confirmed she
has not had any contact with the property owner, therefore, she recommended the matter be
referred to the County Attorney's Office, for immediate legal action.
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#1000044 against Judy Gilmore and Robin Rusk to the
County Attorney, for immediate legal action. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
ZCV #1000024 - KRUIDENIER: 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. To bring the property into compliance,the number of dogs on the
property must be reduced to four, or an application for a Use by Special Review(USR) permit must
be submitted. She stated the property is approximately five acres in size, and the property owner
previously indicated she is planning to move out of state once her son graduates from high school.
She confirmed she recently visited the property,which was still inhabited, and several dogs were still
present on the property.
Rachel Kruidenier, property owner, confirmed she is in the process of moving to the State of
Indiana, and she originally planned to be completely moved by July 1, 2010. She explained she has
been experiencing building delays with her new residence, therefore, she is trying to get all the
details wrapped up before she moves the rest of her belongings, including the dogs. She further
explained she is in the process of obtaining a divorce, and she was recently informed she must
attend a court hearing in Weld County on July 19, 2010. She indicated since she is required to stay
for the court hearing, the latest she will have everything moved from her current property is July 20,
2010. In response to Chair Rademacher, Ms. Kruidenier confirmed she has lived in her current
residence for over 26 years and she has never had any previous complaints regarding her property.
Further responding to Chair Rademacher, Ms. Kruidenier confirmed all of the dogs will be moving
from the property with her to the State of Indiana, and she already has a large kennel constructed at
her new residence for the dogs. In response to Commissioner Garcia, Ms. Kruidenier confirmed she
would like to have everything moved to her new residence as soon as possible; however,she needs
to have everything settled before she is able to permanently move from her current residence,
therefore, her residence may not be entirely vacated until July 20, 2010, the day after the court
hearing. Ms. Salzman confirmed, in this instance, she supports referring the matter to the County
Attorney's Office, with a delay of action for 60 days.
Commissioner Conway moved to refer ZCV #1000024 against Rachel Kruidenier to the County
Attorney for legal action, with the instruction to delay action upon such referral until August 8, 2010,
to allow adequate time for the property owner to remove the excessive number of dogs from the
property. The motion was seconded by Commissioner Kirkmeyer. Commissioner Garcia clarified
he is typically opposed to allowing an extended time frame before the County Attorney takes action;
however, in this instance, Ms. Kruidenier has indicated she will be vacating the property and has
already made arrangements for the dogs at her new residence, therefore, he supports the delay of
action for 60 days. There being no further discussion, the motion carried unanimously.
ZCV #1000023 - COMPTON: Commissioner Conway moved to refer ZCV #1000023 against
Russell and Patricia Compton back to the Department of Planning Services. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
Hearing Certification, Zoning Violations
June 8, 2010 2010-1217
Page 2 PL0824
ZCV#1000033-HILLMANN : 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 indicated the size of the property is 9.01 acres, and the notice of
today's hearing was sent through certified, and signed response was received by staff. To bring the
property into compliance, the remaining portion of screening must be installed. She displayed
photographs of the site, depicting derelict vehicles and a non-commercial junkyard,and confirmed a
portion of the screening has been installed. She stated the property owner indicated he requires an
additional two weeks to complete the fencing/screening,therefore, staff is requesting the matter be
referred to the County Attorney's Office, with a delay of action for 30 days.
Victor Hillmann, property owner, questioned whether it would be possible to obtain a Change of
Zone for his property to either the Commercial or Industrial Zone District. In response, Chair
Rademacher explained a Change of Zone would require a detailed, lengthy application process with
the Department of Planning Services, and that request could not be considered within the hearing
today. In response to Chair Rademacher, Mr. Hillman clarified when he purchased his property in
1979, the map of the area showed plans for the construction of a service road, and the map
indicated his property would become industrial property. Commissioner Kirkmeyer explained that
even if the property contained a commercial zoning designation,the property would still be required
to be adequately screened for the outdoor storage uses. She further explained it would take a long
time for the applicant to obtain a Change of Zone for the property, and he would be required to
prove the compatibility of his property within the surrounding area.
Mr. Hillman confirmed the old cars located on the property are his hobby cars, which he works on
from time to time, and he likes to be able to store them on his property. He clarified a car
occasionally is left inside of his shop; however, it is necessary on occasion to roll the car out into the
yard. Chair Rademacher indicated it appears a majority of the required screening has already been
completed on the site, and Mr. Hillman confirmed only one side of the property is not screened.
Responding to Commissioner Rademacher, Mr. Hillmann confirmed some of the vehicles do have
current license plates and are appropriately registered. Chair Rademacher explained to Mr. Hillman
that if he is able to obtain license plates and registrations for the vehicles on the site, the violation
will be remedied. Following discussion between Ms. Salzman and Chair Rademacher, Mr. Hillmann
confirmed he should be able to have the remaining truck on the site licensed within the next 30
days, or he will finish the required screening of the site.
Commissioner Conway moved to refer ZCV #1000033 against Victor Hillmann to the County
Attorney for legal action,with the instruction to delay action upon such referral until July 8, 2010, to
allow adequate time for the property owner to complete the required screening on the property, or
obtain license plates for all vehicles on the property. 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 various sections of the Weld County Code, as detailed in
staffs case summary. She indicated the site is approximately 23 acres in size,and the violation was
originally brought before the Board in April, 2010. She clarified the business being operated from
the property will be moved to a new location, and she requested the address of the new location, so
that she could ensure a new violation would not be created; however, the new address was not
provided by Mr. Thomas. She confirmed Mr. Thomas indicated the new property is located within
Weld County, and it may be possible that the new site will require permits. She stated she took
photographs of the property from a neighboring property, which she displayed, and in response to
Chair Rademacher, she indicated County Road 20.5 is the nearest road. Further responding to
Hearing Certification, Zoning Violations
June 8, 2010 2010-1217
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Chair Rademacher, Ms. Salzman confirmed it is difficult to view the property, and the violation was
initiated by a complaint.
Doyle Thomas, property owner, confirmed he intends to relocate all of the equipment related to the
business to a property owned by a mining company on County Road 3.25. He indicated the owner
of the company, Jon File, will lease the steel beams, and is able to utilize the materials within the
gravel pit. He clarified a majority of the beams and the semi-truck are kept in the far corner of the
property, and only a tool truck is in close proximity to the residence. He further clarified the beams
are outside of the hay barn, lined up on the ground, and they are not visible from other properties.
Responding to Chair Rademacher, Ms. Salzman explained the property is located within the 1-25
RUA area (formerly the MUD area) and, in order to be able to apply for a USR permit, the property
would be required to complete the PUD (Planned Unit Development) process. She clarified she
does not believe the RUA area extends to the proposed property to relocate the equipment,
therefore, that site would be eligible for an amendment to the existing USR permit, if determined to
be necessary.
Tom Parko, Department of Planning Services, clarified,within the RUA,every property owner within
the boundaries of the area must complete the PUD process to make any modifications to the
existing site. He clarified the USR permit process is not consistent with any type of development
within the RUA, and the site is also located within the Intergovernmental Agreement(IGA)area with
the City of Longmont. Chair Rademacher expressed his concern regarding whether the addition of
the equipment at the gravel pit site is allowed through the current USR permit. In response,
Mr. Parko indicated staff would have to review the existing USR permit to determine if an
amendment will be necessary, and the determination may be made within a pre-application meeting.
Further responding to Chair Rademacher, Mr. Parko confirmed this matter was referred back to the
Department of Planning Services at the previous hearing; however, staff was not able to meet with
Mr. Thomas before today. Mr. Thomas confirmed there was a lack of communication on his part,
and he never heard from staff until he received the notice of this violation hearing. Chair
Rademacher confirmed the matter was previously referred back to staff, and the Board expected
staff to contact the property owner to initiate discussions; however, it is disturbing to him that the
discussions never took place. Mr. Thomas clarified he is currently in the process of selling his
property,which is why he does not desire to pursue the PUD process. Ms. Salzman clarified she left
a voicemail for Mr. Thomas, as well as a letter, and no response was provided by Mr. Thomas. She
confirmed the first time she was able to speak with Mr. Thomas was yesterday during her inspection
of the property.
Responding to Commissioner Kirkmeyer, Mr. Thomas confirmed he intends to relocate the steel
beams,which includes approximately 15 sets of heavy duty beams and eight-inch cross steel,to the
gravel pit site. He clarified the pit will be able to utilize the steel, therefore, he will essentially be
leasing the steel to Mr. File. He further confirmed the semi-truck and trailer may also be relocated to
the gravel pit site to be stored. He explained the business itself will not be run from the site, rather,
he will only utilize the site for storage purposes. Commissioner Kirkmeyer clarified most USR
permits do not allow for outdoor storage at a gravel pit. Responding to Mr. Thomas, Ms. Salzman
explained that the parking of one commercial vehicle is allowed as a Use by Right in the
A (Agricultural)Zone District, therefore, Mr. Thomas could legally park the semi-truck and trailer on
his personal property. In response, Mr. Thomas confirmed he will leave the semi-truck on his site
and will find another place to store his tool truck.
In response to Chair Rademacher, Mr. Thomas requested approximately 45 days to relocate all of
the necessary equipment, and Ms. Salzman confirmed staff supports a time period of 30 days.
Hearing Certification, Zoning Violations
June 8, 2010 2010-1217
Page 4 PL0824
Commissioner Kirkmeyer moved to refer ZCV#0900342 against Jesse Thomas and Doyle Thomas
to the County Attorney for legal action, with the instruction to delay action upon such referral until
July 8,2010,to allow adequate time for the property owner to remove the outdoor storage materials
from the site . The motion was seconded by Commissioner Conway, and it carried unanimously.
This Certification was approved on the 14th day of June, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COU RADO
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David E. Long
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Hearing Certification, Zoning Violations
June 8, 2010 2010-1217
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