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HomeMy WebLinkAbout20100959.tiff RECORD OF PROCEEDINGS VIOLATION HEARINGS AGENDA TUESDAY, MAY 11, 2010 CD #2010-05(V) ROLL CALL: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tern - EXCUSED Commissioner Sean P. Conway Commissioner William F. Garcia Commissioner David E. Long - EXCUSED Also present: Assistant County Attorney, Stephanie Arries County Attorney, Bruce Barker Acting Clerk to the Board, Jennifer VanEgdom Planning Department representative, Bethany Salzman Planning Department representative, Peggy Gregory Planning Department representative, Ann Siron CLOSED CASES: Upon a follow-up inspection, the Compliance Officer has determined that the following cases are no longer in violation and recommends they be closed. 1) ZCV#0900241 - BRIGGS 2) ZCV#0900340 -TERRY 3) ZCV#1000032 - BOYLES 4) ZCV#0900302 - MARQUEZ REFERRED BACK TO PLANNING: The Compliance Officer is working with the appropriate parties to close the following cases,and they do not need to be heard by the Board of County Commissioners at this time. 1) BCV#1000039- PAEZ (2010-0962] OLD BUSINESS: NEW BUSINESS: 1) BCV#1000009- OLSEN [2010-0960] 2) BCV#1000038- PIKE [2010-0961] 3) BCV#1000041 - KOLDEWAY (con't to 07/13/2010) [2010-0963] 4) ZCV#1000042- KOLDEWAY (con't to 07/13/2010) [2010-0964] 5) ZCV#1000020- DAVIS/DUERKSEN [2010-0966] 6) ZCV#1000006- MASTERS [2010-0968] 7) ZCV#1000018- BELL [2010-0970] 8) ZCV#1000029-VASQUEZ/TRUJILLO [2010-0971] 9) ZCV#1000016-OLIVAS [2010-0972] 10) VI #0500210-VASQUEZ [2010-0973] 11) ZCV#0800265 - HARRIS [2010-0975] 2010-0959 PL0824 MEMORANDUM To: Board of County Commissioners May 11, 2010 COLORADO From: Peggy Gregory, Building Compliance Officer Department of Building Inspection Subject: Legal Action Authorization The Department of Building Inspection has scheduled the following violations to be considered at the May 11, 2010, hearing beginning at 10:00 a.m. The Department of Building Inspection is requesting that the Board review the individual cases and determine whether or not to authorize legal action to remedy the violations. Weld County Building Violation Cases: BCV10-00009, Shawn D Olson Chapter 29, Article V, Section 29-5-10; Article VIII, Section 29-8-40 of the Weld County Code 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. BCV10-00038, Sean P Pike Chapter 29, Article III, Section 29-3-10; Article VIII, Section 29-8-40 of the Weld County Code A permit application and all applicable documentation shall be submitted for the addition to the existing dwelling, fees paid, the permit issued, and all inspections completed BCV10-00039, Osmar E Paez Chapter 29, Article III, Section 29-3-10; Article VIII, Section 29-8-40 of the Weld County Code A permit application and all applicable documentation shall be submitted for the deck, fees paid, the permit issued, and all inspections completed. BCV10-00041, Vernon E Koldeway Chapter 29, Article V, Section 29-5-10 of the Weld County Code A permit application and all applicable documentation shall be submitted for the electrical installed without a permit, fees paid, the permit issued, and all inspections completed. Weld County Building Violation Cases Closed: COMP10-00014 Colorado Investors LLC "Closed" permit issued and finaled COMP10-00025 Jose Olivas "Closed" no violation COMP10-00028 Federal Nation Mortgage Assn "Closed" abatement initiated COMP10-00038 Robert Sherwood "Closed" referred to zoning compliance COMP10-00040 James Clark "Closed" no violation STIR\'ICF.TI:AMWORK.INlI GRIT}',01 t Al.ITV Violation Hearing Memorandum May, 2010 page two BCV07-01099 Todd Smith "Closed" manufactured home removed BCV09-00002 Joseph and Kathy Jones "Closed" building permits completed BCV09-00013 Donna Jean Vonderlage "Closed" abatement initiated BCV09-00116 James Allen "Closed electrical permit completed BCV09-00122 Hodjat and Maria Mashaallah "Closed" site cleaned BCV09-00124 Lynn Meyer "Closed" pool deck removed BCV09-00137 Stephen Richmeier "Closed" building permit completed BCV10-00003 Mark and Diane Bowen "Closed" building permit completed BCV10-00011 Christine Hiatt "Closed" building permit completed BCV10-00021 Joel and Patricia Shaw "Closed" building permit completed ti b:RVI(lt.111,111 WI)RK.N I EGRI I1'.QUA'II1 Memorandum I ' t To: Board of County Commissioners May 4,2010 Wi`DC From: Bethany Salzman,Zoning Compliance Officer II, Dept. of Planning Services Ann Siron,Zoning Compliance Officer, Dept.of Planning Services Subject: Legal Action Authorization COLORADO The Department of Planning Services staff has scheduled the following violations to be considered at the May 11, 2010 hearing beginning at 10:00 a.m. The Department of Planning Services staff is requesting that the Board review the individual cases and determine whether or not to authorize legal action to remedy the violations. Weld County Zoning Violation Cases: ZCV10-00042 Vernon Koldeway (Property Owner), Richard Bookal (dba: Apogee Nurseries, LLC), Josh Bloom (dba: The Silver Fox Group) and Tom Wilczynski (CoalCreek Growers, LLC) ((Bethany Salzman)) Chapter 23, Article 11(2), Division 3 of Section 23-2-150.C and Chapter 23, Article 111(3), Division 3 of Sections 23-3-230 and 23-3-230.E of the Weld County Code. Growing facilities are not permissible uses within the C-3 (Commercial) or 1-3 (Industrial) Zone Districts. ZCV09-00241 Robert &Carolyn Briggs ((Bethany Salzman)) Chapter 23, Article 111(3), Division 3 of Sections 23-3-230, 23-3-230.8, 23-3-230.6.4, 23-3-230.8.7 and 23-3-230.E of the Weld County Code. The Commercial Junkyard/Salvage Yard and storage shall be removed from the property or appropriately permitted; otherwise, the Noncommercial Junkyard shall be removed from the property as this is not a permissible use within the C-3 (Commercial) Zone District. ZCV10-00020 Arthur& Mary Davis ((Bethany Salzman)) Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.F of the Weld County Code. The mobile home shall be removed or re-justified as annually required for Zoning Permits for Medical Hardships (ZPMH-2175). ZCV09-00340 Patricia L Terry ((Bethany Salzman)) Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-30.E, 23-3-30.1 and 23-3-30.M of the Weld County Code. The construction trailer shall be removed from the property as it is not an allowed use in the Agricultural Zone District. The Noncommercial Junkyard shall be removed, restored or completely screened from all adjacent properties and public rights-of-ways. The number of Commercial Vehicles shall not exceed 1 (one) or a Use by Special Review application shall be completed and submitted to the Department of Planning Services. ZCV10-00006 John W& Nancy I Masters ((Bethany Salzman)) Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. The Noncommercial Junkyard shall be removed, restored or completely screened from all adjacent properties and public rights-of-ways. ZCV10-00032 Millard M Boyles ((Bethany Salzman)) Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. The Noncommercial Junkyard shall be removed, restored or completely screened from all adjacent properties and public rights-of-ways. ZCV10-00018 Edna Bell ((Bethany Salzman)) Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. The Noncommercial Junkyard shall be removed, restored or completely screened from all adjacent properties and public rights-of-ways. 05/11/10 Violation Hearings Page 2 Weld County Zoning Violation Cases Cont...: ZCV10-00029 Benigno &Josefina Vasquez ((Bethany Salzman)) Chapter 23, Article 111(3), Division 1 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. The extra Commercial Vehicle and commercial storage shall be removed from the property or a Use by Special Review application shall be completed and submitted to the Department of Planning Services. ZCV10-00016 Manuel & Mary Olivas ((Bethany Salzman)) Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. The Noncommercial Junkyard shall be removed, restored or completely screened from all adjacent properties and public rights-of-ways. VI-0500210 Rudolfo & Maria Vasquez ((Bethany Salzman)) Chapter 23, Article 111(3), Division 3 of Sections 23-3-230, 23-3-230.B, 23-3-230.C and 23-3-230.E of the Weld County Code. The Commercial Vehicles and storage shall be removed from the property or appropriately permitted. The Noncommercial Junkyard shall be removed from the property as this is not a permissible use within the C-3 (Commercial) Zone District. ZCV09-00302 Jose & Eva Marquez ((Ann Siron)) Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. The Noncommercial Junkyard shall be removed or completely screened from all adjacent properties and public rights-of-way. ZCV08-00265 Rex &Jill Harris ((Ann Siron)) Chapter 23, Article 111(3), Division 1 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. The commercial vehicles, equipment and activity shall cease or a Use by Special Review permit shall be obtained. Weld County Zoning Violation Cases Closed: ZCV09-00181 Willard & Tayna Kenyon "Closed" RV and Construction Trailer removed from the property ZCV09-00333 Timothy & Jerry Solomon "Closed" Mobile home and Noncommercial Junkyard removed ZCV09-00249 Steven & Lorraine Grail "Closed" Commercial storage removed ZCV10-00007 Dorothy & Steven Mullison "Closed" Number of cats reduced to 4 (four) ZCV10-00017 Vicente Martinez "Closed" Commercial Vehicle permitted through ZPCV-0059 ZCV10-00027 William Mitchell "Closed" Noncommercial Junkyard restored ZCV10-00047 J Robert Sherwood "Closed" 5 HAM radios determined allowed use COMP10-00027 PEC Midwest LLC "No Violation" Noncommercial Junkyard not visible from public right-of-way 05111/10 Violation Hearings Page 3 Weld County Zoning Violation Cases Closed Cont...: COMP10-00030 Richard & Michaeleen Carlson "No Violation" Private shooting area/range— not open to public COMP10-00032 Dallas Schneider "No Violation" Not exceeding number of semi trailers as an Accessory Use in the Agricultural Zone District COMP10-00035 Michael & Peggy Cowan "No Violation" Business removed — property in foreclosure COMP10-00041 Paige Rickerd "No Violation" Dirt appears to be for a dirt bike track (no advertisements), insignificant amount of dirt COMP10-00043 Guy Boyer "No Violation" Vehicles are not derelict COMP10-00046 Rick & Kathy Nienhuser "No Violation" Illegal dumping referred to Animal Control—Weld County Sheriffs Office COMP10-00048 Thomas & Christine Petersen "No Violation" Advertising for Severance Farmer's Market—courtesy letter sent—not open at this time ZCV09-00091 Kenneth & Margaret Kreager **** "Closed" Mobile home removed ZCV09-00148 Dale & Starlee Miller **** "Closed" Noncommercial Junkyard screened ZCV09-00333 Felix & Benita Reyes **** "Closed" Noncommercial Junkyard screened ZCV09-00313 Amalgamated Sugar Company "Closed" in compliance with AmSPR431 ZCV10-00035 Michael &Jacqueline Cisco "Closed" Building permits obtained for cargo containers ZCV09-00352 Donald & Donn Gettman "Closed" Noncommercial Junkyard removed ZCV09-00362 Hugo Carmona "Closed" Noncommercial Junkyard removed ZCV09-00351 Roadifer Family LLP "Closed" Noncommercial Junkyard removed ZCV09-00165 Ramon & Julie Garza "Closed" Noncommercial Junkyard removed ZCV09-00095 Sharon Long Living Trust "Closed" Commercial vehicle reduced to one ZCV09-00206 Cynthia Sanchez "No Violation" Complaint unfounded 05111110 Violation Hearings Page 4 Weld County Zoning Violation Cases Closed Cont...: ZCV08-00223 Marco Sanchez "Closed" USR-1691 approved ZCV09-00367 Sadie & Bernadette Duran "Closed" Noncommercial Junkyard removed ZCV09-00346 Julian Tobar "Closed" Noncommercial Junkyard removed ZCV10-00004 Frank &Jessica Gonzales "Closed" Noncommercial Junkyard removed ZCV09-00305 Charlotte Kline "Closed" Noncommercial Junkyard removed ZCV09-00350 Henry & Sylvia Ortega "Closed" Noncommercial Junkyard removed ZCV09-00318 Louis Barnhill "Closed" Noncommercial Junkyard removed ZCV10-00022 Billy & Sheri Carmin "Closed" Noncommercial Junkyard screened ZCV10-00012 John & Sheryl Bartmann "No Viol" Complaint unfounded ZCV10-00013 Douglas Kreykes "Closed" Noncommercial Junkyard removed ZCV09-00361 Fernando Ibarra Sr. & Family "Closed" Noncommercial Junkyard removed ZCV09-00315 Paul & Martha Baiamonte "Closed" Mobile home removed ZCV10-00026 Eric & Heather Warren "Closed" Commercial Sign removed ZCV09-00363 James Mitchell Testamentary "Closed" Derelict Vehicle restored ZCV08-00362 Robert & Brandi Dunlap "Closed" Commercial Vehicle removed ZCV09-00118 Raudel & Estela Santillan**** "Closed" Horses have been removed ZCV08-00192 Hasbrouck Holdings LLC**** "Closed" mobile home removed, no commercial activity ZCV09-00300 Oralia Flores**** "Closed" Noncommercial Junkyard has been screened ZCV08-00372 Severiano &Andrea Briceno "Closed" Noncommercial Junkyard removed/restored 05111110 Violation Hearings Page 5 Weld County Zoning Violation Cases Closed Cont...: ZCV09-00348 Constance Marzano "Closed" Noncommercial Junkyard removed **** = County Attorney's Office cases closed Y�\ Memorandum rit � To: Board of County Commissioners May 11,2010 wipe From: Bethany Salzman,Zoning Compliance Officer II,Dept.of Planning Services Ann Siron.Zoning Compliance Officer, Dept.of Planning Services Q Peggy Gregory, Building Compliance Officer, Dept.of Planning Services COLORADO Subject: May 11,2010 Violation Hearing Updates Weld County Zoning or Building Violation Cases Closed: ZCV09-00241 Robert & Carolyn Briggs ((Bethany Salzman)) ZCV09-00340 Patricia L Terry ((Bethany Salzman)) ZCV10-00032 Millard M Boyles ((Bethany Salzman)) ZCV09-00302 Jose & Eva Marquez ((Ann Siron)) Weld County Zoning or Building Violation Cases Referred back to Planning: Weld County Zoning or Building Violation Cases continued: Hello