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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 03/ 'e 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 �, 4 Iasi LD COUNTY, COLORADO AY- 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. 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