HomeMy WebLinkAbout20102215.tiff HEARING CERTIFICATION
DOCKET NO. 2010-43.B
RE: HEARING TO SHOW WHETHER CAUSE EXISTS FOR REVOCATION OF USR #1351
FOR A USE SIMILAR TO A JUNKYARD/SALVAGE YARD (POLICE IMPOUND LOT) IN
THE A(AGRICULTURAL) ZONE DISTRICT-JAMES WRENFROW
A public hearing was conducted on December 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, Bruce Barker
Planning Department representative, Tom Parko
The following business was transacted:
I hereby certify that pursuant to Probable Cause Resolution #2010-1805, dated August 9, 2010,
a public hearing was conducted on September 1, 2010, to Show whether cause exists for
revocation of Use by Special Review Permit #1351 for a Use Similar to a Junkyard/Salvage
Yard (police impound lot) in the A (Agricultural) Zone District. At said hearing, the Board
deemed it advisable to continue the matter to September 8, 2010, to allow adequate time to
meet publication requirements. On September 8, 2010, the Board deemed it advisable to
continue the matter to December 8, 2010, to allow adequate time for clarification of the
ownership of the property. At said hearing on December 8, 2010, Bruce Barker, County
Attorney, made this a matter of record.
Tom Parko, Department of Planning Services, stated he has repeatedly tried to contact
Mr. Wrenfrow, to ensure he was aware of today's hearing date. He clarified Mr. Wrenfrow's
wife, April Wrenfrow, was present at the hearing on September 8, 2010, at which time she
indicated she had initiated divorce proceedings and thought the property would be transferred to
her name through the finalized divorce proceedings. He further clarified he has not been able to
make contact with Ms. Wrenfrow or Mr. Wrenfrow, as neither have returned phone calls with
messages left. Mr. Parko indicated the USR permit was approved for a junkyard/salvage yard,
and the site was originally utilized as a police impound lot. He displayed photographs of the
site, depicting trash trucks parked on the property, and various materials scattered around the
property. He clarified it appears the property contains additional trash and there is a limousine
parked on the site. He indicated Ms. Wrenfrow was notified during the last hearing that
evidence of the site being utilized as a salvage yard needed to be provided by law enforcement
officials; however, Ms. Wrenfrow has not been able to provide the proper documentation. He
confirmed he has visited the site, and there is no one living within the residence, and he is not
sure if vehicles are being stored within one of the outbuildings on the site. Mr. Parko clarified
the site received a foreclosure notice in April, 2010, and the parents of Mr. Wrenfrow provided
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the funds to cure the delinquency, therefore, the foreclosure was withdrawn in August, 2010.
He indicated Mr. Wrenfrow is still the owner of record for the property, and there have been no
deeds or other property transfer documents filed. In response to Commissioner Conway, Mr.
Parko confirmed it appears there has been some amount of cleanup on the site between the
months of August and November, and during that time, the Department of Public Health and
Environment was also ordered to clean up the property to abate a nuisance condition. He
indicated there are still random vehicles and several trash trucks located on the site, and some
of the trucks are still loaded with household trash. He further indicated it appears the mobile
homes on the site have been abandoned, and he is not sure if the homes were impounded, or
just dumped on the property. He clarified previous aerial photographs indicate the site was
utilized as an impound yard; however, it does not appear that the site has been utilized for this
purpose for at least the past two years.
Mr. Barker clarified Ms. Wrenfrow was made aware of today's hearing date during her
attendance at the previous hearing on September 8, 2010; however, neither she, nor
Mr. Wrenfrow have communicated with staff since that date. Mr. Parko confirmed he has tried,
unsuccessfully, to obtain a response from both of them for well over a month. Responding to
Chair Rademacher, Mr. Barker confirmed Mr. Wrenfrow was given sufficient initial notice of this
matter; however, Ms. Wrenfrow attended the previous hearing, and provided representation on
his behalf. He explained Ms. Wrenfrow indicated during that hearing the ownership of the
property would likely transfer to her, through divorce proceedings; however, she was not the
property owner of record, which is part of the reason the Board deemed it advisable to continue
the matter. He clarified Mr. Wrenfrow did receive the original notice, and staff has tried
repeatedly to make contact with Mr. Wrenfrow; however, staff has never been able to
communicate directly with Mr. Wrenfrow. In response to Chair Rademacher, Mr. Barker
expressed his concern regarding the Board taking revocation action during today's hearing
since there is no one in attendance to provide sufficient representation on Mr. Wrenfrow's
behalf. He suggested staff make one more attempt to contact Mr. Wrenfrow before any action
is taken by the Board, therefore, he recommended a continuance of the matter. Mr. Barker
clarified extensive cleanup has occurred on the site, and the amount of the cleanup expenses
was paid by the County and levied against the property, which will be paid through the collection
of property taxes. In response to Commissioner Conway, Mr. Barker indicated sufficient
additional notice may be sent within the next thirty days, and upon clarification from the Acting
Clerk to the Board, he recommended the matter be continued to January 12, 2011, at
10:00 a.m.
Chair Rademacher provided the opportunity for public testimony; however, none was provided.
Commissioner Conway indicated he is willing to continue the matter to a later date in order to
allow representation to be present, especially since it previously appeared Ms. Wrenfrow would
be willing to rectify the situation on the site.
Commissioner Conway moved to continue the matter to January 12, 2011, at 10:00 a.m.
Commissioner Kirkmeyer clarified proper notice was previously provided for the property owner;
however, she is willing to grant one additional continuance of the matter since there has been
progress made on the site. Chair Rademacher indicated it appears Mr. Wrenfrow is avoiding
the notice and communication provided by staff. The motion was seconded by Commissioner
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Kirkmeyer, and it carried unanimously. There being no further discussion, the hearing was
completed at 10:30 a.m.
This Certification was approved on the 13th day of December, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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2010-2215
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