HomeMy WebLinkAbout20100974.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on May 11, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Stephanie Arries
County Attorney, Bruce Barker
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:
BCV#1000009-OLSEN: 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 Sections 29-5-10
and 29-8-40 of the Weld County Code. To bring the property into compliance, a permit application,
and all applicable documentation shall be submitted for the electrical service in an agricultural
exempt building, fees paid, the permit issued, and all inspections completed. She stated an
electrical permit was previously issued, and the property owner was notified that the permit was due
to expire; however, there were no inspections scheduled,and the permit expired. She indicated she
contacted Mr. Olsen in February, 2010, at which time Mr. Olsen confirmed it was his desire to
withdraw the permit. She further indicated she instructed him at that time that he would be required
to submit a letter, and an inspection would be completed to ensure electrical work had not been
completed. Ms. Gregory confirmed she recently spoke again with Mr. Olsen, and he clarified it is his
intent to obtain a new permit from the Department, therefore, she recommended the matter be
referred to the County Attorney's Office, with the instruction to delay 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#1000009 against Shawn Olsen to the County Attorney
for legal action, with the instruction to delay action upon such referral until June 11, 2010, to allow
adequate time for the property owner to work with staff to obtain a new electrical permit and have all
inspections completed. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
BCV#1000038— PIKE: Ms. Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 29-3-10 and 29-8-40 of the Weld County Code. To
Hearing Certification, Zoning Violations
May 11, 2010 2010-0974
CG P L -'' Up( )( Pagel PL0824
bring the property into compliance, a permit application and all applicable documentation must be
submitted for the addition to the existing dwelling, fees paid, the permit issued, and all inspections
completed. She confirmed a building permit was previously issued for the addition to the existing
dwelling, and Mr. Pike was notified that the permit was due to expire. She indicated Mr. Pike
requested an extension of the permit, which was approved; however, the extension then expired.
She confirmed Mr. Pike was informed that it was necessary for him to submit a new application in
order to obtain a new permit. She clarified Mr. Pike requested another extension of his previous
permit at that time, and he was instructed that no more extensions were available. Ms. Gregory
explained she has not had further correspondence with Mr. Pike since that time; however, he did
sign for the certified notice of this hearing. 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 BCV#1000038 against Sean Pike to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Conway, and it carried
unanimously.
BCV#1000039—PAEZ: Ms. Gregory presented the case report for the record and pursuant to the
case file,this property is in violation of Sections 29-3-10 and 29-8-40 of the Weld County Code. To
bring the property into compliance, a permit application and all applicable documentation must be
submitted for the deck, fees paid, the permit issued, and all inspections completed. She stated the
property was issued a stop work order for the construction activities relating to the deck. She
confirmed the property owner did previously obtain a permit; however, the permit expired. She
explained staff did not receive verification that the property owner received notice of today's hearing,
therefore, she recommended the matter be referred back to the Department.
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#1000039 against Osmar Paez back to the Department
of Planning Services. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
BCV#1000041 -KOLDEWAY: Ms. Gregory presented the case report for the record and pursuant
to the case file, this property is in violation of Section 29-5-10 of the Weld County Code. To bring
the property into compliance, a permit application and all applicable documentation must be
submitted for the electrical work which was installed without a permit, fees paid, the permit issued,
and all inspections completed. She stated a site inspection was completed, at which time it was
determined that the electrical had been installed without the required permit, and a stop work order
was issued by Ken Swanson, Weld County Building Official. She confirmed the receipt of the letter
advising of today's hearing was received by staff on May 4,2010, and she recommended this matter
be referred to the County Attorney's Office for immediate legal action. She clarified the same
property has also been noticed for a zoning violation, which will be heard concurrent to this matter.
Scott Dunn, Attorney, represented Vernon Koldeway, property owner, and he clarified he has
previously had discussions with Ms. Salzman,who is working with the tenants relating to the building
code issue regarding the lack of an electrical permit. He confirmed he spoke with Ms. Salzman
concerning the submission of an application for an electrical permit,and Ms. Salzman has been very
helpful throughout this process. He clarified Ms. Salzman indicated it may not be within the best
interests of Mr. Koldeway to make application for a building permit because the zoning violation on
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May 11, 2010 2010-0974
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the property may not be able to be resolved. He confirmed the letter provided by staff indicated the
growing operations occurring on the property are considered to be an agricultural use,which is not
permitted within the Commercial Zone District. He stated Ms. Salzman suggested annexation to the
Town of Mead was a possible solution;therefore,the Town was contacted and a meeting was held
with the Town Manager and the Town Attorney to discuss the possibility of annexation. He
confirmed there was good conversation during the meeting and the representatives of the Town
were optimistic that the use could be considered if the property completed the annexation and
Conditional Use processes. Mr. Dunn confirmed it is the property owner's intention to move forward
with the annexation process to correct the zoning violation of the property, and he requested the
violation be held in abeyance for a short period of time, until the zoning issue is resolved,which will
then resolve the building permit violation. He clarified he is requesting that the property owner be
allowed to demonstrate progress on the annexation process to the Board, and if possible, the
building permit issue will be addressed in the meantime.
Chair Rademacher provided disclosure for the record that he has participated in several discussions
with Mr. Koldeway regarding the designation of the zoning for his property. In response to
Commissioner Conway, Mr. Dunn indicated he believes the annexation process could be completed
within 90 days; however, he is willing to provide a progress report to the Board within the next 60
days, or whatever period of time the Board thinks is appropriate. He confirmed he would like to
keep staff advised of the progress of the annexation process, and he reiterated it is his intention that
the annexation process be started immediately. Chair Rademacher explained to Mr. Dunn that
approval of the annexation and the Conditional Use Permit is at the discretion of the Town Board,
and approval of either process cannot be guaranteed in advance. Mr. Dunn indicated it is
understood that if the annexation process is not successful, the violation issue will have to be
re-addressed by the Board of Commissioners. He clarified the property owner is requesting a short
period of time to be able to move forward and make the effort to annex to the Town of Mead. In
response to Chair Rademacher, Commissioner Garcia confirmed it is necessary for him to hear the
details of the zoning violation before he is ready to make a determination on the building permit
violation. Stephanie Arries, Assistant County Attorney, confirmed it is advisable to call up the next
item on the agenda to be discussed concurrently.
Chair Rademacher called up ZCV #1000042 for Vernon Koldeway. (Clerk's Note: Please see
discussion under the proper heading, below).
Upon the completion of the discussion for the zoning violation, which included a motion for a
continuance of the matter, Commissioner Garcia questioned whether the lack of an electrical permit
presents a health and safety concern for the citizens of Weld County. In response, Mr. Swanson
clarified, in order to verify whether the building is safe, a building permit will need to be pulled so that
an inspection may be conducted; however, a building permit may not be issued because the use
contained within the building is in violation of the zoning of the property. He confirmed the building
cannot be properly inspected without the issuance of a building permit.
Chair Rademacher suggested this matter also be continued for a period of 60 days,since the zoning
violation matter was continued. He clarified Mr. Koldeway is a master electrician, therefore, it is his
hope that the electrical work on the site was completed in a safe manner. Mr. Bloom submitted a
letter from a licensed electrician who has inspected the building, marked Exhibit A, which clarifies
the building is safe. Commissioner Conway confirmed it is the duty of the Board to protect the
health, safety, and welfare of Weld County residents, and he appreciates that the letter will be made
a part of the record. Mr. Swanson clarified he was informed that Mr. Koldeway did not complete the
electrical work within the building. Commissioner Garcia clarified the letter does not contain a
signature from Ron Harrison; however, a phone number is provided, and suggested staff verify the
authenticity of the letter. Mr. Swanson confirmed he would do so.
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May 11, 2010 2010-0974
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Commissioner Garcia moved to continue BCV#1000041 against Vernon Koldeway to July 13,2010,
with an instruction to Planning staff that the authenticity of the letter be verified. The motion was
seconded by Commissioner Conway, and it carried unanimously.
ZCV#1000042-KOLDEWAY: 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 23-2-150.C, 23-3-230, and 23-3-230.E of the Weld County Code. She clarified there were
previously three separate tenants operating growing facilities on the property; however, the first
tenant, CoalCreek Growers, LLC, has vacated the property. She indicated the remaining tenants
are The Silver Fox Group and Apogee Nurseries, LLC. She stated the site consists of
approximately two acres and is located in both the C-3 (Commercial) and 1-3 (Industrial) Zone
Districts, and agricultural uses, including growing operations, are not allowed in either District. She
confirmed she previously met with tenant Josh Bloom of The Silver Fox Group, at which time an
inspection of the inside of the facility took place. She reviewed photographs of the site and
explained the tenants have basically built a separate structure inside of the building,which contains
three separate bays with doors. She clarified the tenants are conducting organic hydroponic
operations, which is essentially the growing of medical marijuana. She confirmed the necessity of
building and electrical permits was discussed during the inspection, and it was noted that the
electrical work had been installed inside the building without the proper electrical permit.
Ms. Salzman explained it is not financially feasible for the proper building and electrical permits to be
applied for since the use of the property is not allowed within these Zone Districts, therefore, the
tenant has not proceeded with obtaining the necessary permits. She clarified the property is
surrounded on three sides by the Town of Mead, therefore, she suggested it may be possible to
annex the property to the Town, in order to come into compliance, or the growing operation would
have to be removed. She clarified she spoke to Dan Dean, Town of Mead, who confirmed growing
operations were required to be operated in conjunction with a Dispensary, and she was given the
impression that the Town is willing to consider allowing a Dispensary permit as well. She explained
the only current option for remedy of this violation is the removal of the growing operation from this
site since there are no USR permits which allowing growing operations within these Zone Districts.
In response to Chair Rademacher, Ms. Salzman indicated she is unsure of whether the State of
Colorado must issue a separate permit for a growing operation. At the request of the Board, Bruce
Barker, County Attorney, clarified the State does not issue any type of permit or certificate for
growing operations; however, there is a required permit for Dispensaries. He further clarified the
requirement was included in the health regulations which have recently been overturned by the
State; therefore, he is unsure of the current status of the requirements. He indicated if House
Bill #1284 is signed into law, new requirements will be in place. In response to Chair Rademacher,
Mr. Barker clarified there are no current regulations from the State of Colorado concerning growing
operations.
Craig Small, Attorney, indicated he represents Rich Bookal of Apogee Nurseries, LLC, and he
confirmed there is no State legislation regarding growing operations; however, patients may
voluntarily register with the State to receive a patient card, which allows the patient to qualify for
additional criminal protection. He clarified a patient may name a caregiver on the card, and the
caregiver is then also allowed to participate in the same level of protection. In response to Chair
Rademacher, Mr. Small confirmed the Colorado Department of Public Health and Environment does
not have any oversight concerning growing operations. Responding to Commissioner Conway,
Mr. Small explained there are two levels of protection, and a registered caregiver or patient who has
no more than six plants qualifies for criminal exemption, which means law enforcement may not
press charges. He further explained a patient or caregiver who is not registered is allowed to have
as much marijuana as medically necessary, and the limits for medical necessity are defined
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May 11, 2010 2010-0974
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differently within the various jurisdictions. Further responding to Commissioner Conway, Mr. Bloom
clarified the cultivation of marijuana is against federal laws and regulations
Mr. Dunn reiterated Mr. Koldeway would like to pursue annexation to the Town of Mead, since the
Town appeared to be receptive to the proposed use, and he is willing to meet again with the Board
of Commissioners to demonstrate the progress being made. He clarified the building code violation
could be addressed now; however, the risk exists that the Town of Mead would not approve the
completed improvements; therefore, he requested a continuance of the matter for a period of 60
days to begin the annexation process. Chair Rademacher indicated he is unsure of the process
utilized by the Town of Mead, therefore, he does not know how much time it will take for the property
to complete the annexation process. In response, Mr. Dunn clarified Mr. Dean indicated it would
take approximately 90 days to complete the annexation process, if it is aggressively pursued.
Mr. Small clarified he had difficulty determining the new updates to the Weld County Code,since the
website is only updated every six months, and the Code does not define that a dispensary is any
use related to marijuana,therefore, he inferred the growing operation was in compliance. He further
clarified he was completely surprised when he found out that Weld County considers this type of
growing operation to only be an Agricultural use, and as soon as this was discovered, he set forth
the plan to determine how the business could be exited. He confirmed his client wants to comply
with any and all regulations, and he is requesting a period of time so that it is possible to find the
right"home"for this growing operation. He further confirmed if Weld County is not the right location
for this business,the operation will be shut down if the annexation process fails. Chair Rademacher
clarified it is his personal opinion that this type of growing operation is no different than other
agricultural growing operations, even though this is a specialized product, and the Weld County
Code appears to be consistent with that stance.
Commissioner Garcia expressed his appreciation to the tenants and their representatives for being
present at today's hearing, and he questioned what period of time would be necessary to
demonstrate progress with the annexation process. In response, Mr. Dunn indicated a period of
45 days could be allowed, in good faith, to allow the property to begin the annexation process, and
in return, a progress report could be presented to show what progress has been made. He clarified
he understands a duty exists to show active progress, and once the progress report is provided,the
Board can determine at that point whether to further continue the matter, to allow the annexation
process to be completed, or to make some other decision. Mr. Small clarified the space is divided
into bays, and each bay represents a distinct grow. He clarified he is not requesting permission to
remain in operation for the entire process; however, he is requesting to allow the bays to finish their
current cycle, and no new plants will be started in the meantime. He confirmed this current cycle will
be completed in approximately 60 days, and at that point, there will not be anymore operations
occurring in the building until the annexation is successfully completed. He further confirmed if the
annexation is not successful, the building will remain vacant and empty.
Josh Bloom of CoalCreek Growers, LLC, tenant, reiterated it is his intention to ensure his company
and growing operations are in compliance with all regulations, and he understands that
Mr. Swanson's main concern is that the building is safe, and he will satisfy any necessary safety
issues. He requested the Board continue the matter so that there is adequate time for the
annexation to be processed, and he confirmed the necessary building permits will be obtained from
the Town of Mead if the annexation is approved. He indicated the annexation process will be well
underway within 60 days, and he understands that because the annexation process is regulated by
the State, there is no way for the Town to speed up the annexation process. He clarified the official
application for annexation and the required fee will be submitted to the Town of Mead by the end of
this month, and he confirmed if it necessary to shut down the operations in the meantime, he is
willing to do so.
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May 11, 2010 2010-0974
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In response to Chair Rademacher, Mr. Dunn clarified the annexation forms have been obtained;
however, the application has not yet been submitted since it seemed advisable to wait until after a
determination from today's hearing. Mr. Bloom clarified, immediately following the meeting with the
Ms. Salzman, he sought out contractors who could help him rectify the building code violation, and
several contractors have completed inspections. He confirmed he has a letter from a master
electrician which indicates the electrical work appears to be safe and was installed in a professional
manner, and other contractors are working to address the safety concerns presented by
Mr. Swanson. Responding to Commissioner Conway, Mr. Bloom confirmed if the Town of Mead
does not approve the annexation, he is prepared to move to a new location within the
A (Agricultural)Zone District within Weld County,which has been deemed acceptable by staff. He
clarified he understands he is not allowed to sell the product within the A(Agricultural)Zone District;
however, he has obtained a wholesale license from the State which allows him to sell the product to
licensed dispensaries. He reiterated he is prepared to shut down the operation, if he is required to;
however, there is a large financial investment in the equipment, therefore, he is requesting the
necessary time to determine if he will be able to obtain the necessary permits from the Town of
Mead. He clarified it is not his intention to continue to secretly conduct operations within the
building, and if the Town of Mead does not give the proper approval, the operation will cease and
will be removed. Mr. Bloom confirmed the Town has provided a list of actions which must be taken
to be in compliance, and the Town gave a positive indication that this would be the first facility of its
kind within the Town. Responding to Chair Rademacher, Mr. Bloom confirmed a previous similar
business did apply with the Town of Mead; however, it was denied due to the zoning classification.
Mr. Dunn clarified Ms. Salzman confirmed the only option which exists is to seek annexation to the
Town of Mead, and he understands there are no guarantees of approval. Chair Rademacher
indicated if the matter is continued for a period of 60 days, it is possible that there will not be any
direction from the Town of Mead yet. Mr. Dunn clarified he does not expect to have an answer from
the Town of Mead within the next 60 days, and the request for a 60-day continuance is to
demonstrate a good faith effort. Responding to Chair Rademacher, Mr. Small confirmed the current
growing operation will be mature within 60 days, and the tenants will not begin any new growing
operations until a determination is provided.
In response to Commissioner Garcia, Mr. Bloom confirmed if the Board chooses not to grant the
request for a continuance of the matter, he is prepared to make a graceful exit. He clarified he has
been looking for another location ever since he was made aware of the violation, and he will move
his operation, if required, since it is not his intention to continue to operate if he is not allowed to do
so. He reiterated the annexation of the property to the Town of Mead is a viable option for the
business, and he is requesting the ability to show progress of the annexation process since the
process cannot be completed any quicker than 90 days. He clarified after a period of 60 days, the
Town should be able to provide documents to the Board which show the progress of the annexation,
even though it will not be complete, and if the Town ultimately denies the annexation request, he will
permanently close his operation at the current location.
Mr. Barker indicated it is likely that House Bill #1284 will pass during today's legislative session,
therefore, the Governor will most likely sign it on June 2, 2010, and the legislation will become
effective on July 1, 2010. He clarified local jurisdictions will have to consider the same issue within
House Bill#1284, which bans the sale and cultivation of marijuana. Chair Rademacher confirmed
if the matter is continued for a period of 60 days, the Board will know the decision of the State, the
current growing operations will be completed, and the tenants have confirmed they will not begin any
new growing cycles during that period, therefore, he supports a 60-day continuance. Mr. Barker
confirmed Mr. Bloom contacted him early on, and asked a lot of good questions, and he appreciates
that Mr. Bloom has made it clear that it is his intention to seek full compliance. Responding to Chair
Rademacher, Mr. Barker confirmed if the Board grants a 60-day continuance of the matter, the
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May 11, 2010 2010-0974
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matter will be reviewed again within the July, 2010, violation hearings.
Commissioner Garcia expressed his appreciation to Mr. Dunn and Mr. Bloom for their excellent job
of presenting the necessary information today. He indicated he is unsure what to think of the
pending legislation; however, the potential effective date of July 1, 2010, is an important
consideration for this matter. He clarified he understands the tenants have requested the ability to
harvest their current growing operations, and because the tenants have been conscientious and
determined their alternatives, he is willing to be a bit more lenient with this matter. He confirmed he
will support the 60-day continuance request, so long as no new growing operations begin on the
site.
Commissioner Conway indicated this matter has been tough, and he appreciates that the tenants
attended today's hearing and are seeking compliance. He concurred that the Board has worked
with property owners in the past regarding unique circumstances, and he questioned whether a
continuance of the matter for 60 days is too long. He clarified he is not familiar with the annexation
process for the Town of Mead, therefore, he is more comfortable with an informational update to the
Board being required within 30 days. He confirmed a decision regarding House Bill #1284 will be
made very soon, and he believes the Board will be having discussions with staff and the County
Attorney in regards as to how to accommodate the new legislation. Chair Rademacher suggested
an update of the progress be provided to the Director of Planning Services within 30 days, which
may be relayed to the Board. Commissioner Garcia indicated this suggestion is not something the
Board typically does, and he requested input from Mr. Barker regarding the matter. Mr. Barker
indicated a report may be provided at anytime, and it is acceptable for the report to be given to the
Department of Planning Services. In response to Chair Rademacher, Mr. Barker indicated a period
of 60 days is a reasonable continuance request, considering the process; however, receiving a
progress update within 30 days is a good idea. Further responding to Chair Rademacher,
Mr. Barker stated if the 30-day report indicates that an annexation application has not been
submitted, the Board may reconsider the matter within a public Board meeting. He clarified violation
hearings are not noticed public hearings, and the Board will need to provide adequate notice of the
proposed reconsideration to the affected property owner and operators, at least 10 days in advance
of the proposed date.
At the request of Commissioner Conway, Tom Parko, Department of Planning Services, clarified
the Town of Mead is a statutory municipality, therefore, the Annexation Act of 1965 will apply in this
situation. He indicated the property owner will submit an application and a petition, which is
reviewed by the Board of Trustees, and the petition is referred to as the Resolution of Substantial
Compliance. He further indicated the Board of Trustees may accept or deny the Resolution, and if
the Board accepts the Resolution, the annexation must take place no fewer than 30 days, and no
later than 60 days after approval. Mr. Parko indicated the annexation may be combined with the
zoning request, and it must be completed within 60 days, and if the zoning is not included within the
annexation request, the zoning of the property must be in place no later than 30 days following the
completion of the annexation process. He confirmed most communities prefer to combine both
aspects into one, therefore, according to statute, it must be completed within 60 days. Further
responding to Commissioner Conway, Mr. Parko clarified once the Town deems that the application
for annexation is complete, it will be referred to the Board of Trustees for consideration.
In response to Commissioner Conway, Mr. Bloom confirmed he is in the process of obtaining the
necessary architectural plans for the submission of the annexation application, and Mr. Koldeway
will need to submit all of the necessary plans at the same time as the property owner. Further
responding to Commissioner Conway, Mr. Bloom indicated he believes the application will be
submitted before the end of the month. Mr. Dunn clarified it is Mr. Koldeway's intention to move
forward immediately, and he is hopeful that all of the required plans will be completed before the end
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May 11, 2010 2010-0974
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of May, 2010. Chair Rademacher clarified the operators have agreed to cease operations within 60
days, regardless of whether progress has been made with the Town of Mead regarding the
annexation process.
Commissioner Garcia clarified the operator needs to be aware that not only should the current
growing operations cease within the next 60 days, but that no new growing operations shall be
started at any time, starting today. Mr. Barker clarified the Board does not have the authority to
issue a Cease and Desist Order to the operators, rather, the matter will need to be referred to the
County Attorney's Office in order to seek an injunction. Chair Rademacher instructed staff to
re-inspect the site before the matter is brought back to the Board. Mr. Barker clarified if the Board
finds that no progress has been made when the 30-day report is given, it may reconsider the matter
on an earlier date, as long as proper notice is provided to the property owner and the operators.
Commissioner Garcia moved to continue ZCV#1000042 against Vernon Koldeway to July 13, 2010,
with the conditions that there will be no new growing operations on the site, all growing operations
currently in process will be completed before July 13, 2010, and a report will be provided to the
Department of Planning Services within thirty(30)days. His motion included the provision that if it is
discovered that the annexation process with the Town of Mead has not been initiated by the property
owner within the 30-day time frame, the matter may be reconsidered by the Board, with ten-day
notice of the hearing date being provided to the property owner and operators. The motion was
seconded by Commissioner Conway, and it carried unanimously. (Clerk's Note: The Board
resumed the discussion of previous case).
ZCV#1000020— DAVIS/DUERKSEN: 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.F of
the Weld County Code. To bring the property into compliance,the Zoning Permit for a Mobile Home
(ZPMH) must be renewed annually, as required. She clarified this is the fourth time a violation has
been initiated against this property for non-renewal of the permit since the year 2003, and this is the
third time the matter has been brought before the Board for necessary action. She stated Mindee
Duerkson has indicated she has requested the proper authorization forms from her doctor's office,
which should have been faxed to the Department; however, she did not receive the fax before she
left the office this morning, and Wendi Inloes, Department of Planning Services is not in the office
today. She displayed photographs of the site, depicting the primary residence and mobile home
located on the property.
Ms. Duerksen indicated she is the daughter of Arthur and Mary Davis, who are deceased. She
confirmed she resides within the primary residence on the property, and her daughter and fiancé live
within the mobile home on the property, and help her maintain the property. She stated the property
is approximately 40 acres in size, and she endures a hardship of maintaining the property because
of her medical conditions. She clarified she thought her doctor had provided the necessary forms to
renew the permit. In response to Chair Rademacher, Ms.Arries confirmed the person(s) providing
assistance may live within the mobile home, while providing care for the resident(s) within the
primary residence of the property. Ms. Duerksen clarified she previously resided within the mobile
home while she was providing medical assistance for her mother,who formerly occupied the primary
residence; however, she now resides in the primary residence since both of her parents are now
deceased. Responding to Chair Rademacher, Ms. Duerksen confirmed she has eleven horses on
the property, as well as other animals, and her daughter helps her with the care of the animals, as
well as maintenance of the property in general. She clarified she is on disability and there are days
in which she is not physically able to take care of the animals. Further responding to Chair
Rademacher, Ms. Arries clarified there are no farming operations taking place on the property,
therefore, the permit cannot be classified as a ZPMH for an accessory to the farm. Ms. Duerksen
confirmed she does not farm on her property, and the tires on the grassy portion of her property are
Hearing Certification, Zoning Violations
May 11, 2010 2010-0974
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filled with feed for the horses. Ms. Salzman concurred that this property does not qualify for the
mobile home to be permitted as an accessory to the farm; however, it does qualify for a medical
hardship, if the proper documentation is submitted. In response to Commissioner Conway,
Ms. Salzman indicated this violation is not complaint driven; the permit is required to be renewed on
an annual basis, and Ms. Duerksen has failed to provide the documentation for the renewal of the
permit. Commissioner Conway indicated he believe the medical hardship still exists, even though
staff has not received the proper documentation from Ms. Duerksen's doctor, and he questioned
what period of time would be necessary for Ms. Duerksen to submit the proper paperwork. In
response, Ms. Duerksen requested a period of 30 days and she confirmed she has been in touch
with her doctor who is willing to send the necessary paperwork to verify the medical hardship.
Chair Rademacher provided the opportunity for public testimony; however, none was given.
Commissioner Conway moved to refer ZCV #1000020 against Arthur and Mary Davis/Mindee
Duerksen to the County Attorney for legal action, with the instruction to delay action upon such
referral until June 11, 2010, to allow adequate time for Ms. Duerksen to submit the necessary
documents for verification of a medical hardship and obtain a renewal of the Zoning Permit for a
Mobile Home (ZPMH). The motion was seconded by Commissioner Garcia, and it carried
unanimously.
ZCV#1000006—MASTERS: 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. Ms. Salzman indicated the property owners have made substantial progress on the
property, and have installed some of the necessary screening; however, the screening across the
northern portion of the property has not been completed. She confirmed she spoke with Nancy
Masters, who confirmed a period of 30 days will be sufficient to finish the installation of the
screening. Ms. Salzman confirmed if the screening is finished within the next 30 days,the case will
be closed.
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#1000006 against John and Nancy Masters to the County
Attorney for legal action, with the instruction to delay action upon such referral until June 11, 2010,
to allow adequate time for the property owner to complete the required screening on the property, in
order to bring the property into compliance. The motion was seconded by Commissioner Conway,
and it carried unanimously.
ZCV#1000018—BELL: 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 non-commercial junkyard must be removed,
restored, or screened from adjacent properties and public rights-of-way. She indicated she
previously spoke with Ms. Bell on the telephone in February,2010, and she indicated additional time
was necessary to bring the property into compliance; therefore, the violation hearing was set for
May, 2010. Upon review of the photographs of the site, Ms. Salzman clarified the property appears
to need a general clean-up, and she confirmed she has not received any correspondence from Ms.
Bell since the previous telephone call. Responding to Commissioner Conway, Edna Bell, property
owner, indicated the Suburban vehicle depicted in the photograph is not currently licensed. She
clarified she is in the process of completing the construction of a barn on her property, and she is
trying to meet the deadline for getting that project completed. She further clarified she has
experienced problems with her supplier,therefore, she was able to get her permit extended, and in
the meantime, she has also been working to get her yard cleaned up. She explained she does not
Hearing Certification, Zoning Violations
May 11, 2010 2010-0974
Page 9 PL0824
have the necessary funds to rent another dumpster or to have someone help her make some
dramatic improvement on her property. She clarified she piled a large amount of the trash in one
area for easy access when she is finally able to order a dumpster, including materials from old calf
pens and utility poles on the property; however, she received a written notice of complaint regarding
the pile. Ms. Bell confirmed as soon as she is able to afford to order a roll-off dumpster for the
property, she will do so, and will remove the trash on the property. She indicated she now has until
September, 2010, to complete the barn and have it inspected, therefore, she requested she be
allowed to clean up the property by November, 2010.
In response to the Board, Ms. Salzman clarified the items on the site consist of discarded
appliances, tires, buckets, trash, and a derelict vehicle. Responding to Commissioner Garcia, Ms.
Bell confirmed she will be able to obtain the proper registration for the vehicle at the end of June,
2010, after she is able to obtain insurance for the vehicle. She further reiterated she does not
currently have the funds to order a roll-off dumpster for the trash on the property since she utilized
all of her spare funds to purchase supplies for the barn she is constructing. In response to Chair
Rademacher, Ms. Bell indicated her son is stationed overseas, and she does not have any family in
the area who could help her; however, several friends have offered to help her finish the
construction of the barn after Father's Day weekend. She indicated she believes she should be able
to move all of the trash on the property into one area, to prepare it to be hauled from the property,
and she believes the rest of the property is actually pretty clean. Chair Rademacher indicated there
are several groups within the community who may be able to help Ms. Bell clean up her property,
and Commissioner Conway concurred, indicating staff has provided potential references to property
owners in the past. Ms. Salzman clarified these groups do not provide assistance with any
necessary costs, such as the cost for a roll-off dumpster; however, she will provide references to
Ms. Bell for clean-up assistance. Commissioner Conway explained he empathizes with Ms. Bell's
financial situation, and it appears it would not take a large amount of work to get the property
cleaned up. Commissioner Garcia suggested that assistance might be available through the
AmeriCorps Program, and Chair Rademacher suggested Ms. Bell contact the Department of Human
Services to inquire about potential help regarding clean-up services. Chair Rademacher clarified it
is still the responsibility of Ms. Bell to order a dumpster so that the trash may be hauled away from
her property, and he suggested allowing a period of 60 days to accomplish the cleanup of the
property. Ms. Bell confirmed she understands it is her responsibility and clarified she should be able
to order a dumpster at the end of July, 2010, since she will receive an extra paycheck that month.
Chair Rademacher indicated allowing period of 90 days for Ms. Bell to get her property into
compliance is also acceptable to him.
Chair Rademacher provided the opportunity for public testimony; however, none was given.
Commissioner Conway expressed his appreciation to Ms. Bell for being willing to seek additional
assistance, and he stated he understands Ms. Bell finds herself in a tough economic situation,
therefore, he willing to allow a period of 90 days for Ms. Bell to bring her property into compliance.
Commissioner Garcia indicated he is not comfortable with a period of 90 days; however, he concurs
with a period of 60 days. He clarified staff will work to help Ms. Bell find people to assist her with
cleanup of the property, and too much time has already elapsed in the processing of this case.
Commissioner Garcia then clarified he realizes only three Commissioners are present for today's
hearing, and since this matter will require three affirmative votes, he is willing to allow the property
owner a period of 90 days to clean up the property. Commissioner Conway indicated he also
normally considers a period of 90 days to be a long time; however, in this instance, he appreciates
that Ms. Bell has provided a plan in which she will be able to get the proper finances together to
order a dumpster for the property.
Commissioner Conway moved to refer ZCV#1000018 against Edna Bell to the County Attorney for
Hearing Certification, Zoning Violations
May 11, 2010 2010-0974
Page 10 PL0824
legal action, with the instruction to delay action upon such referral until August 11, 2010, to allow
adequate time for the remaining trash to be removed from the property. The motion was seconded
by Commissioner Garcia, and it carried unanimously.
ZCV#1000029-VASQUEZITRUJILLO: 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.M of
the Weld County Code. She clarified she has attempted to arrange a pre-application meeting with
the property owner on two separate occasions; however, Mr. Vasquez failed to attend the first
meeting, and cancelled the second meeting just a couple of hours before the meeting was to be
held. She confirmed she visited the property this past Thursday, at which time there were still three
commercial vehicles present, as well as the storage of several dumpsters. She indicated she
inspected the property again yesterday, and necessary items were removed during the weekend;
however, she recommended that the matter be referred to the County Attorney's Office since the
property owner has failed to proceed with an application for a USR permit. She confirmed the case
may be dismissed at a later date if the property continues to comply with the requirements.
Responding to Commissioner Garcia, Ms. Salzman reiterated the commercial vehicles and
additional dumpsters were located on the property when she drove by last Thursday; however,they
had been removed before her inspection of the property yesterday.
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#1000029 against Benigno and Josefina Vasquez and
Teresa Trujillo to the County Attorney for legal action,with the instruction to delay action upon such
referral until June 11, 2010, to allow adequate time for the property owner to begin the application
process for a USR permit. The motion was seconded by Commissioner Conway, and it carried
unanimously.
ZCV#1000016-OLIVAS: 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 derelict vehicles must be removed from the
property, or adequately screened. She confirmed during her inspection of the property, she noted
that one of the vehicles had been removed from the property, and the other vehicle had been
covered with a tarp. She explained tarps are not an acceptable screening material,which she also
explained to Ms. Olivas just before today's hearing started, and Ms. Olivas has indicated she will
have the car removed from the property within the next ten days. She displayed photographs of the
site.
Mary Olivas, property owner, confirmed the vehicles on the property were being stored for a friend,
and she was not aware they were not allowed to be stored on the property. She indicated the Jeep
was removed from the property yesterday, after the owner of the vehicle was able to get it running.
She confirmed her husband thought it would be acceptable to cover the red vehicle; however, after
speaking with Ms. Salzman, she understands a tarp is not acceptable,therefore, the vehicle will be
removed from the property as soon as possible. She clarified the 1955 Chevy parked in front of the
residence does contain current license plates and is operational; however, she keeps the vehicle
covered to protect the paint. Responding to Chair Rademacher, Ms. Olivas confirmed she will
ensure the derelict vehicle is removed from the property within the next few days, and Ms. Salzman
recommended the matter be referred to the County Attorney's Office, with a delay of action for
30 days.
Chair Rademacher provided the opportunity for public testimony; however, none was given.
Hearing Certification, Zoning Violations
May 11, 2010 2010-0974
Page 11 PL0824
Commissioner Garcia moved to refer ZCV#1000016 against Manuel and Mary Olivas to the County
Attorney for legal action, with the instruction to delay action upon such referral until June 11, 2010,
to allow adequate time for the derelict vehicle to be removed from the property. The motion was
seconded by Commissioner Conway, and it carried unanimously.
VI #0500210—VASQUEZ: Ms. Salzman presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 23-3-230, 23-3-230.B, 23-3-230.C, and
23-3-230.E of the Weld County Code. To bring the property into compliance, the various outdoor
storage uses must be adequately screened or removed from the property, and the trailer on the
property must obtain the proper permits to be utilized as an office. She clarified when the violation
was first initiated, there were four businesses operating from the property, including a pallet storage
business, and the property contains a large volume of pallets. She indicated the outdoor storage of
various materials, considered to be a non-commercial junkyard, is not allowed within the
C-3 (Commercial) Zone District. She further indicated the site also contained a chicken and food
business, iron scrap metal, and the parking of several commercial vehicles. She displayed
photographs of the property, and indicated the trailer on the property,which is skirted, appears to be
utilized as an office, and needs to be properly restored or removed from the property. She
confirmed there are also derelict vehicles and several commercial vehicles located on the site, and
the mobile home on the property was apparently moved from the property last night. She indicated
miscellaneous debris and tires remain on the property, and the property owner intends to have the
property completely cleaned up so that the violation may be closed. She clarified the property owner
has requested a period of up to 90 days; however, staff supports a period of 60 days. In response
to Chair Rademacher, Ms. Salzman confirmed this property is zoned C-3 (Commercial), and the
subdivision in which the property is located is an enclave of the City of Fort Lupton,which has yet to
annex the Subdivision.
Jimmy Dominguez, representative, confirmed he is the nephew of Rudolfo Vasquez, and clarified
they were not previously aware the property was in violation, and they have been working with staff
to clean up the property so that the violation may be closed. In response to Chair Rademacher,
Mr. Dominguez stated it will take approximately 60 days for the pallet business to be completely
removed from the site. He explained the commercial trucks have only recently been parked on the
property, and Mr. Vasquez was unaware that the trucks could not be parked on the property. He
clarified he worked with staff regarding the possibility of obtaining a USR permit for the site;
however, it is not financially feasible,therefore,the plan is now to clean up the property and remove
all the equipment and miscellaneous items which are associated with the violation. He clarified,
after the clean-up process is finished, the property will only contain a personal camping trailer and
several personal vehicles, all of which will be operational with current license plates. He further
clarified Mr. Vasquez may tear down some of the buildings in the future; however, he cannot
financially afford to do anything else with the property.
Chair Rademacher provided the opportunity for public testimony; however, none was given.
Commissioner Garcia moved to refer VI #0500210 against Rudolfo and Maria Vasquez to the
County Attorney for legal action, with the instruction to delay action upon such referral until July 11,
2010, to allow adequate time for the property to be brought into compliance through the removal of
miscellaneous items located on the property. The motion was seconded by Commissioner Conway,
and it carried unanimously.
ZCV#0800265-HARRIS: 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 23-3-20,23-3-30,
23-3-30.M, 23-3-40, and 23-3-40.R of the Weld County Code. To bring the property into
compliance, the commercial vehicles and equipment must be removed from the property, or an
Hearing Certification, Zoning Violations
May 11, 2010 2010-0974
Page 12 PL0824
application for a USR permit must be submitted to the Department. She clarified she spoke with
Mr. Harris on the telephone, and he indicated all of the vehicles and equipment would be removed
by May 28, 2010, as he is looking to relocate the business. She recommended the matter be
referred to the County Attorney's Office, with a delay of action for 30 days. She further
recommended if the equipment is removed within the 30 days, that the Board allow the violation
case to remain open for a period of six months since this property has been out of compliance
repeatedly within the past several years.
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 ZCV #0800265 against Rex and Jill Harris to the County
Attorney for legal action,with the instruction to delay action upon such referral until June 11 , 2010,
to allow adequate time for the equipment and vehicles to be removed from the property, and his
motion included the provision for the Department of Planning Services to keep the case open for
review for a period of six months. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
This Certification was approved on the 7th day of June, 2010.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: � �J �. 19,a etkaavitalcvr
ugla R demach r, Chair
Wel. County Clerk to the s! s,0 4a9,
�;► -� CUSED
i 4 arbara Kirkmeyer, Pro-Tem
BY.
Dep Clerk oothe Board CA
en ,Co3ay
APPjOVED)AS TO /
���� ' �iam F. Garcia
ounty Attorney EXCUSED
David E. Long
CD#2010-05(V)
Hearing Certification, Zoning Violations
May 11, 2010 2010-0974
Page 13 PL0824
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