HomeMy WebLinkAbout20100294 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on February 9, 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, Elizabeth Strong
County Attorney, Stephanie Arries
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Ann Siron
The following business was transacted:
I hereby certify that a public hearing was conducted to consider whether to authorize the County
Attorney to proceed with legal action against the individuals named for violations of the Weld
County Zoning Ordinance. Cases were heard as follows:
BCV #0900126 - TODD AND BARBARA FEASTER: Peggy Gregory, Department of Planning
Services, presented the case report for the record and pursuant to the case file, this property is
in violation of Section 29-3-10 of the Weld County Code. To bring the property into compliance,
an application for a building permit must be submitted, all the fees paid, and all inspections must
be completed. Ms. Gregory stated she spoke with Todd Feaster, property owner, on the
telephone and he indicated he is going through some personal issues and he is trying to sell the
property; however, he will submit an application for a building permit within thirty days.
Neither Todd or Barbara Feaster, nor a representative, were present.
Commissioner Conway moved to refer BCV#0900126 against Todd and Barbara Feaster to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 9, 2010, in order to allow adequate time for the property owners to submit an application
for the necessary building permit. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
BCV #0900146 - WILLIAM AND ABRAHAM ALVARADO: 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,
an application for a building permit must be submitted for the pole barn, the fees paid, and all
inspections must be completed. She stated William Alvarado, property owner, called her and
indicated Clayton Homes is responsible for obtaining the permit and he did not know the permit
had not been obtained. She stated Clayton Homes submitted an application for the building
permit this morning; therefore, she recommends referring the matter to the County Attorney's
Hearing Certification, Zoning Violations 2010-0294
February 9, 2010 PL0824
Page 1
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Office, with an instruction to delay action for 30 days, to allow staff to process the application
and issue the permit.
Commissioner Garcia moved to refer BCV #0900146 against William and Abraham Alvarado to
the County Attorney for legal action, with the instruction to delay action upon such referral until
March 9, 2010, to allow adequate time for staff to process the application for a building permit.
The motion was seconded by Commissioner Conway, and it carried unanimously.
BCV #0900140 — JAVIER FERNANDEZ AND GABRIELA GUTIERREZ: 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, an application for a building permit must be submitted for the pole barn, the fees
paid, and all inspections must be completed. She recommended the matter be referred to the
County Attorney's Office, with the instruction to delay action for 60 days, in order to allow the
property owners adequate time to compile the necessary funds to submit an application for a
building permit or remove the pole barn.
Neither Javier Fernandez or Gabriela Gutierrez, nor a representative, were present.
Commissioner Garcia moved to refer BCV #0900140 against Javier Fernandez and Gabriela
Gutierrez to the County Attorney for legal action, with the instruction to delay action upon such
referral until April 9, 2010, to allow adequate time for the property owners to compile the
necessary funds to submit the application for a building permit or to remove the pole barn. The
motion was seconded by Commissioner Conway, and it carried unanimously.
ZCV #0900333 — FELIX AND BENITA REYES: Bethany Salzman, Department of Planning
Services, presented the case report for the record and pursuant to the case file, this property is
in violation of Sections 23-3-20, 23-3-30, and 23-3-30.1 of the Weld County Code. To bring the
property into compliance, the noncommercial junkyard consisting of a derelict vehicle, concrete,
tires, fencing, barrels, and miscellaneous debris must be screened from all adjacent properties
and public rights-of-way, removed, or restored. Ms. Salzman stated this property has been
referred to the County Attorney's Office for current building violations, which Ms. Gregory is
processing, and the property has been in violation once before for building violations and twice
before for zoning violations; therefore, this is the fifth time the property has been in violation of
the Weld County Code. She stated some progress has been made on the property and Felix
Reyes, property owner, indicated he has renters on the property and it has been hard to keep
the renters in compliance, and she advised Mr. Reyes he needs to stay on top of the problem
since the property has experienced ongoing compliance issues. She stated the gate was not
closed yesterday, and she advised Mr. Reyes the gate needs to be closed at all times. She
recommended referring the matter to the County Attorney's Office, with the instruction to delay
action for 60 days, in order to allow Mr. Reyes adequate time to remove the items which are
frozen to the ground. In response to Commissioner Conway, Ms. Salzman stated the property
first became a problem in the year 2002.
Mr. Reyes stated he tries to keep the property clean; however, sometimes the renters do not
follow the County Code. He stated he is working to maintain the property and he has told the
current renters the property needs to be kept clean and he will not allow any vehicles to be
stored there. Commissioner Conway stated it is important for Mr. Reyes to ensure the property
stays in compliance, and inquired as to whether the lease has a provision indicating the renter
Hearing Certification, Zoning Violations 2010-0294
February 9, 2010 PL0824
Page 2
must maintain the property, in accordance with the County Code. Mr. Reyes stated the lease
addresses maintaining the property and he understands what needs to be accomplished to
bring the property into compliance; however, he does not have enough money to pay someone
to complete the necessary repairs; therefore, he has had to complete the repairs in his spare
time. In response to Commissioner Conway, Mr. Reyes stated 60 days will be adequate time to
bring the property into compliance and there will be one last inspection, which he is confident
the property will pass.
Chair Rademacher gave the opportunity for public testimony; however, there was none given.
Commissioner Conway moved to refer ZCV #0900333 against Felix and Benita Reyes to the
County Attorney for legal action, with the instruction to delay action upon such referral until
April 9, 2010, to allow adequate time for the property owner to clean up the property. The
motion was seconded by Commissioner Garcia, and it carried unanimously.
ZCV #0900341 - LESTER STROH: 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, 23-3-20.A, 23-3-30, 23-3-30.C, and 23-4-130 of the Weld County Code. To
bring the property into compliance, the three (3) mobile homes must be removed from the
property or the necessary applications for building permits must be submitted. Ms. Siron
submitted nine (9) photographs into the record, marked Exhibit 1. She stated that Lester Stroh,
property owner, has owned and operated a dairy since the year 1954; however, the dairy has
not operated over the past several years and the mobile homes are being rented to individuals
who do not work on the farm; therefore, an application for a Use by Special Review (USR)
permit must be submitted or the mobile homes must be removed from the property. She further
stated that Mr. Stroh would like to resume the dairy operation; however, he is unsure when it will
be feasible.
Mr. Stroh, property owner, stated due to the recession, he has closed the dairy operation, and
he operated the dairy for approximately 50 years. He stated he recently decided to repair one
of the mobile homes on the property and the mobile homes will be necessary to the dairy
operation when he resumes it. Chair Rademacher stated his background is in agriculture and
he sympathizes with Mr. Stroh, and he inquired as to whether the land surrounding the dairy is
being farmed. Mr. Stroh stated he does farm the surrounding land. Chair Rademacher inquired
as to whether the violation case will be dismissed if Mr. Stroh can prove the people residing in
the mobile homes are employees on the farm's payroll. Ms. Siron stated it has been
established that the people in the mobile homes do not work for Mr. Stroh full time; however, the
mobile homes will be justified as accessories to the farm, if the tenants become full time
employees. In response to Chair Rademacher, Ms. Siron stated the Code specifies the farm
must be the full time, principal employment for the residents in the mobile homes being utilized
as accessories to a farm. Commissioner Garcia stated he recollects situations where
individuals who were employed outside of the farm were still determined to be connected to the
farm, even when the individuals worked less than eight (8) hours per day on the farm. Wendy
Inloes, Department of Planning Services, stated there was a similar situation where two (2)
mobile homes had to be removed from a farm because the property owner could not prove the
mobile homes were being utilized for farm labor; however, the property owner was able to retain
three (3) of the mobile homes, which were determined accessories to the farm. Ms. Inloes
stated without the dairy being in operation, the matter will likely be back before the Board for
consideration if Mr. Stroh applies for zoning permits. In response to Chair Rademacher,
Hearing Certification, Zoning Violations 2010-0294
February 9, 2010 PL0824
Page 3
Mr. Stroh stated he has one (1) person living in one (1) of the mobile homes and the man
assists him with feeding and caring for the remaining cattle on the property. Further responding
to Chair Rademacher, Mr. Stroh stated if he cannot resume operating the dairy business, he
intends to rent the property to another dairy operator, and there are people who expressed
interest in renting the property. In response to Commissioner Conway, Mr. Stroh reiterated his
intent is to resume the dairy operation, or lease the property to someone who will operate the
property as a dairy, and the mobile homes will be necessary for the dairy operation. In
response to Commissioner Garcia, Mr. Stroh clarified there is only one (1) mobile home
currently being rented on the property; however, there is someone residing in another mobile
home on the property, who is not paying rent, and he has allowed her to reside in the mobile
home because she does not have any income nor anywhere else to go. Mr. Stroh explained the
woman is married to the carpenter who was remodeling the mobile home he was recently
improving, and the carpenter is serving a jail sentence. Ms. Siron stated the violation came to
staff's attention as a result of the mobile home being remodeled, staff issued an order to stop
work, and staff is unsure of how to proceed, since the mobile home cannot currently be
permitted as an accessory to the farm; therefore, the property owner cannot complete the
remodel.
In response to Chair Rademacher, Kim Ogle, Department of Planning Services, stated a USR
permit is not necessary for a renter to resume the dairy operation on the property. Mr. Stroh
stated the mobile homes have been on the property for more than 30 years. In response to
Chair Rademacher, Ms. Siron stated one (1) of the mobile homes was manufactured in the year
1971 and another was manufactured in the year 1973.
Responding to Chair Rademacher, Ken Swanson, Building Official, stated the International
Residential Building Code may allow mobile homes of this age to be remodeled; however, if the
Weld County Code prohibits it, the remodeling will not be allowed. Chair Rademacher stated if
it is allowed in the County Code, the remodeling probably must be completed according to HUD
standards and it would likely exceed the value of the mobile home to complete the
improvements according to HUD standards. Mr. Swanson concurred with Chair Rademacher,
depending on the degree of remodeling. Commissioner Conway stated it is Mr. Stroh's desire
to maintain use of the facility and he suggested continuing the matter for six (6) months, in order
to allow Mr. Stroh an opportunity to either resume the dairy business or rent it to someone who
is able to operate it. He stated the mobile home where the man resides who is assisting
Mr. Stroh with the cattle seems to be eligible as an accessory to the farm. In response to
Commissioner Conway, Mr. Stroh confirmed the mobile home he has begun to remodel is
unoccupied.
In response to Chair Rademacher, Stephanie Arries, Assistant County Attorney, stated the
Board may continue the matter for six (6) months; however, she is still unclear regarding
whether the County Building Code allows improvements to be completed on the mobile home
which is currently being remodeled. Ms. Arries stated the year of manufacturing may be the
determining factor regarding whether the mobile home may be remodeled. In response to Chair
Rademacher, Mr. Stroh stated all of the mobile homes on the property were manufactured at
approximately the same time. Chair Rademacher stated if the mobile home was manufactured
prior to the year 1972, the mobile home cannot be moved or sold because it does not meet
current HUD standards, and if a mobile home is remodeled, it must be completed according to
HUD standards. Mr. Swanson clarified that those standards apply to mobile homes
manufactured prior to the year 1976, as opposed to prior to the year 1972; therefore, none of
Hearing Certification, Zoning Violations 2010-0294
February 9, 2010 PL0824
Page 4
these mobile homes are eligible to be moved or sold. In response to Chair Rademacher,
Mr. Swanson confirmed Mr. Stroh may remodel the mobile homes; however, the improvements
must be completed according to the 2006 International Residential Code. Ms. Arries stated that
Mr. Stroh needs to be aware that the Board may determine the mobile homes must be removed
at the end of the six (6) month continuance period; therefore, it may not be wise to invest a
significant amount of money into remodeling any of the mobile homes. Chair Rademacher
stated if the property is leased out, or if employees of the farm move into the mobile homes, the
case will be dismissed. He stated it seems a building permit will be issued for remodeling the
mobile home if Mr. Stroh chooses to apply for one; however, Mr. Stroh will be investing in the
mobile home at his own risk, since his investment may be lost if the Board determines the
mobile home must be removed from the property at the conclusion of six (6) months. Mr. Stroh
stated he has already invested thousands of dollars to install a septic tank and leech lines. In
response to Chair Rademacher, Ms. Arries stated a permit may be granted for the temporary
use of a mobile home for a medical hardship, if there is one; however, Mr. Stroh does not reside
on the property. Mr. Swanson stated there is currently a stop work order on the mobile home
being remodeled, and Mr. Stroh cannot proceed any further with remodeling until a permit is
issued; therefore, Mr. Stroh needs to determine whether he wants to proceed with the
remodeling. Chair Rademacher encouraged Mr. Stroh to meet with staff to discuss the matter in
detail.
Chair Rademacher gave the opportunity for public testimony; however, there was none given.
Commissioner Garcia moved to continue ZCV#0900341 until August 10, 2010, in order to allow
adequate time for the property owner to resume the dairy operation or rent the property to
another party who will resume the dairy operation. The motion was seconded by Commissioner
Conway, and it carried unanimously.
ZCV #0900348 - CONSTANCE AND FRANK MARZANO: Ms. Siron presented the case
report for the record and pursuant to the case file, this property is in violation of
Sections 23-3-100, 23-3-150, 23-3-150.B, and 23-3-150.C of the Weld County Code. To bring
the property into compliance, the derelict vehicle must be registered and remain in operational
condition or it must be removed from the property. She recommended the matter be referred to
the County Attorney, with the instruction to delay action for 30 days, in order to allow the
property owner adequate time to remove the vehicle from the property.
Neither Constance or Frank Marzano, nor a representative, were present.
Commissioner Conway moved to refer ZCV #0900348 against Constance and Frank Marzano
to the County Attorney for legal action, with the instruction to delay action upon such referral
until March 9, 2010, in order to allow adequate time for the property owner to remove the
derelict vehicle from the property. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
ZCV #0900271 - WILLIAM ASKEW/JANE STAMP: Ms. Siron presented the case report for
the record and pursuant to the case file, this property is in violation of Sections 23-3-20,
23-3-30, 23-3-40, and 23-3-40.H of the Weld County Code. To bring the property into
compliance, an application must be submitted for a Use by Special Review (USR) permit for the
kennel/boarding facility. She stated a sign advertising a small engine repair business was
observed at a site visit conducted on February 5, 2010; therefore, a USR permit should be
Hearing Certification, Zoning Violations 2010-0294
February 9, 2010 PL0824
Page 5
applied for, for the small engine repair business, in addition to the kennel, or the businesses
must be vacated and the advertising removed. Ms. Siron stated Jane Stamp, tenant, requested
a 90 day extension via e-mail and Ms. Siron indicated Ms. Stamp should attend the hearing in
order to request the extension; however, she does not see Ms. Stamp in attendance. Chair
Rademacher inquired as to whether both businesses are owned by Ms. Stamp. Ms. Siron
stated she is unaware of who is operating the small engine repair business; she noticed the sign
on her most recent site visit; however, the small engine repair business has not been discussed
with either the property owner or the tenant. She further stated she is certain the kennel is
owned by Ms. Stamp and most of her communication has been with her, as opposed to the
property owner. In response to Commissioner Conway, Ms. Siron stated the e-mail indicated
Ms. Stamp is requesting 90 days due to several personal issues, she is a single parent, and this
is her only source of income. Commissioner Conway inquired as to what Ms. Stamp needs to
do in order to bring the property into compliance. Ms. Siron stated Ms. Stamp has attended a
pre-application meeting with staff; however, she has not submitted any portion of the application
and she is unsure of how much progress Ms. Stamp has made with the application process.
Commissioner Conway inquired as to whether Ms. Stamp's current financial situation is delaying
the process. Ms. Siron stated the financial situation seems to be the cause of the delay, based
on the e-mail Ms. Stamp submitted. In response to Chair Rademacher, Ms. Siron stated one
USR permit will apply to both of the businesses on the property.
Neither William Askew or Jane Stamp, nor a representative, were present.
Commissioner Conway inquired as to whether the violation case is the result of a complaint.
Ms. Siron stated the violation was brought to staff's attention by the State, since Ms. Stamp is
working with the State to meet its licensing requirements for the kennel facility; however, there
have been no resident or neighbor complaints submitted. Commissioner Conway stated these
are difficult economic times and staff needs to work with people. He stated Ms. Stamp has
made an effort to work with staff by attending the pre-application meeting and communicating
through e-mail; therefore, he is willing to grant 90 days. Chair Rademacher stated some of the
upcoming Code Ordinances may address this matter. Ms. Siron clarified the upcoming Home
Occupation Code changes will not address this issue, since Ms. Stamp is exceeding the number
of animals allowed as a Use by Right; therefore, a USR permit will still be necessary in this
instance. In response to Chair Garcia, Ms. Siron stated the notification from the State did not
indicate there were any health concerns regarding the facility.
Commissioner Conway moved to refer ZCV #0900271 against William Askew and Jane Stamp
to the County Attorney for legal action, with the instruction to delay action upon such referral
until May 9, 2010, to allow adequate time for the property tenant to submit an application for a
USR permit. The motion was seconded by Commissioner Garcia, and it carried unanimously.
ZCV #0900300 - ORALIA FLORES: Ms. Siron presented the case report for the record and
pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, and 23-3-30.1
of the Weld County Code. To bring the property into compliance, the noncommercial junkyard
consisting of derelict vehicles, trailers, tires, automobile parts, and other miscellaneous debris
must be removed, restored, or screened from all adjacent properties and public rights-of-way.
Chair Rademacher stated there appears to be trees screening the noncommercial junkyard.
Ms. Siron stated in some cases bushes are considered to be appropriate screening if the
bushes continue to screen the noncommercial junkyard during the winter season; however,
most trees and foliage lose their leaves during the winter season and no longer effectively
Hearing Certification, Zoning Violations 2010-0294
February 9, 2010 PL0824
Page 6
screen the area.
Ray Martinez, Oralia Flores's brother-in-law, stated Ms. Flores is currently receiving medical
care and she probably is not aware of this hearing. He stated he was not aware this matter was
being considered today; however, he was present to speak regarding another property. Chair
Rademacher inquired as to whether appropriate notice of today's hearing was provided to the
property owner. Ms. Siron stated someone signed the certified mail; however, she cannot
decipher the name. In response to Chair Rademacher, Ms. Arries stated sufficient notice has
been provided. Mr. Martinez stated he is willing to provide the information to Ms. Flores's
family. Chair Rademacher inquired as to how much time will be sufficient to bring the property
into compliance. Mr. Martinez inquired as to what items need to be cleaned up on Ms. Flores's
property. Chair Rademacher suggested Mr. Martinez discuss the matter with staff, since there
are a number of items which must be cleaned up. Delia Martinez, Ms. Flores's sister-in-law,
stated Ms. Flores's granddaughter was staying at Ms. Flores's home and she may have signed
the certified mail. Ms. Martinez suggested 90 days may be an appropriate amount of time for
Ms. Flores's children to bring the property into compliance, since all of the children work and live
elsewhere. Ms. Siron inquired as to whether Mr. or Ms. Martinez has the contact information for
where Ms. Flores is staying. She stated the Board could continue the matter for 30 days and
staff could notify Ms. Flores and her family of the hearing. Mr. Martinez indicated he will speak
to Ms. Siron regarding the matter after the violation hearings.
Commissioner Garcia moved to continue ZCV #0900300 against Oralia Flores until March 9,
2010, in order to allow adequate time for the property owner or a representative to be notified of
the violation hearing. The motion was seconded by Commissioner Conway, and it carried
unanimously.
ZCV #0900301 - JOSIE FLORES: Ms. Siron presented the case report for the record and
pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1 of
the Weld County Code. To bring the property into compliance, the noncommercial junkyard
consisting of derelict vehicles, automobile parts, tires, wood, ladders, mowers, and other
miscellaneous debris shall be removed, restored, or screened from all adjacent properties and
public rights-of-way. Commissioner Garcia stated, for the purpose of disclosure, he represented
Josie Flores in an unrelated legal matter years ago; however, he is confident he will be able to
consider this matter in an impartial manner. Ms. Siron stated Ms. Flores has indicated that she
intends to take advantage of the upcoming Evans Community Clean-Up in the month of April.
In response to Chair Rademacher, Ms. Siron stated there is a fence screening one side of the
noncommercial junkyard; however, screening is required for the other three sides.
Commissioner Garcia stated people must be residents of the City of Evans in order to
participate in the Evans Community Clean-Up and the City may not accept delivery of trash if it
is from people living outside of the city limits. He stated Waste Management is the company
which is contracted to complete all of the garbage removal service for the City of Evans, and he
noticed a different company is named on a trash can on the property in one of the photographs
submitted by staff. Ms. Flores stated her property has been annexed by the City of Evans.
Chair Rademacher stated Ms. Flores's property is within an area being considered for
annexation; however, the annexation has not occurred, which is why the matter is being
considered by the Board of County Commissioners. He further stated Commissioner Garcia is
correct that the City of Evans will not accept their trash during the Evans Community Clean-Up
and he recommended the property owners organize their own clean-up effort for the
neighborhood. Mr. Martinez apologized for the mess and stated he has been delayed in his
Hearing Certification, Zoning Violations 2010-0294
February 9, 2010 PL0824
Page 7
clean-up efforts by the difficult economy. He stated he called a company to rent a roll-off
dumpster and he used to be able to rent a dumpster for $212.00; however, the cost has
increased to $560.00. He stated he plans to haul all the trash to the City of Evans Community
Clean-Up. Chair Rademacher reiterated Mr. Martinez is not a resident of the City of Evans;
therefore, he does not think the City will accept the trash, and that Mr. Martinez needs to make
other arrangements to clean up the property. Commissioner Garcia stated he has participated
in the Evans Community Clean-Up and he had to provide his water bill to prove he is a resident
of the City of Evans. Chair Rademacher stated the City of Evans may accept Mr. Martinez's
trash for a fee; however, Mr. Martinez needs make the inquiry. Ms. Siron stated Cheryl Trent is
her contact person for the City of Evans and she will provide Mr. Martinez with her contact
information. Ms. Flores stated she has a City of Evans address. Chair Rademacher stated he
has a City of Longmont address; however, he is not within the city limits; therefore, the address
does not determine residency.
Chair Rademacher gave the opportunity for public testimony; however, there was none given.
Commissioner Garcia moved to refer ZCV #0900301 against Josie Flores to the County
Attorney for legal action, with the instruction to delay action upon such referral until May 9,
2010, to allow adequate time for the property owners to clean up the property. The motion was
seconded by Commissioner Conway, and it carried unanimously.
This Certification was approved on the 15th day of February, 2010.
APPROVED:
ATTEST: �� - 4�OARD OF COUNTY COMMISSIONERS
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Iasi LD COUNTY, COLORADO
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Wed •unty Clerk totheB
r ' ¶11 ►ouglas adema'her, Chair
BY: . ::,A f
De.0 , Cler . the Board — EXCUSED
Barbara Kirkmeyer, Pro-Tem
CD #2010-02
Sean P.. nway
Willi F. Garcia
EXCUSED
David E. Long
Hearing Certification, Zoning Violations 2010-0294
February 9, 2010 PL0824
Page 8
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