HomeMy WebLinkAbout20101514.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on July 13, 2010, at 10:00 a.m., with the following present:
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:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Stephanie Arries
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Ken Swanson
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#1000041 - KOLDEWAY: 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 29-5-10 of the Weld County Code. She confirmed this case was continued from the May
11, 2010, Violation hearings, and since that time, it has been determined that a medical marijuana
facility may not operate at this location, therefore, it is necessary for the business to vacate the
facility. Ken Swanson, Weld County Department of Building Inspection, confirmed he completed a
site inspection on May 10, 2010, at which time it was determined that a structure had been
constructed without the appropriate permits. He clarified he spoke with Mr. Koldeway and his
attorney during the inspection, and informed him that the structure required the issuance of a
building permit. He stated there have been additional improvements completed at the property
since the stop work order was issued, including the addition of air conditioning units, which were
installed sometime after the May 10, 2010 site inspection. He displayed photographs taken during a
site inspection on July 12, 2010, and confirmed the plants had been removed from the building;
however, the structure is still present within the building. Responding to Commissioner Conway,
Mr. Swanson confirmed air conditioning units were added inside of the building, at the top of the
structure; however, as of yesterday's inspection, it appears the growing operation has ceased.
Bethany Salzman, Department of Planning Services, confirmed the plants were removed from the
facility; however, the smell was still very strong, and she believes the plants may have been
removed during the previous weekend.
Craig Small,Attorney, represented tenant Richard Bookal,who was not present at the hearing, and
he clarified the property owner did apply to the Town of Mead for annexation of the property, as
previously discussed. He clarified, upon speaking with Town officials regarding the annexation
request, it became apparent that there would be a substantial cost involved with the annexation
process, with a no guarantee of success. He further clarified the passage of House Bill #1284,
. PL_, C,f`\, Hearing Certification, Zoning Violations
July 13, 2010 2010-1514
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which amended the rules for medical marijuana dispensaries, affects the existing business
operations, and the tenants understand that it is the intent of Weld County to ban these types of
operations. Mr. Small confirmed the tenants, both Silver Fox and Apogee Nurseries, have decided
to cease operations, and arrangements have been made to have all improvements removed from
the building by the end of July, 2010. Chair Rademacher provided the opportunity for public
testimony; however, none was given.
Mr. Small expressed his appreciation to the Board for the opportunity presented to pursue
annexation to the Town of Mead, and he confirmed his clients have had to make difficult business
decisions in the past two months. Chair Rademacher expressed his appreciation to the tenants for
their diligence in the matter. Responding to Commissioner Garcia, Ms. Gregory confirmed staff
requests that all improvements be removed within the next ten days, at which time another
inspection may be conducted, and the case will be dismissed if all improvements are removed.
Following discussion among the Board, Commissioner Conway moved to refer
BCV#1000041 against Vernon Koldeway to the County Attorney for legal action,with the instruction
to delay action upon such referral until August 13, 2010,to allow adequate time for restoration of the
property to its original condition and for an inspection to be completed by the Department of
Planning Services. The motion was seconded by Commissioner Garcia, and it carried unanimously.
ZCV#1000045— ROSALES/DURAN: Ms. Salzman presented the case report for the record and
pursuant to the case file,this property is in violation of various sections of the Weld County Code,as
detailed in staffs case summary. She stated the site is located within the Aristocrat Ranchettes
Subdivision, and is approximately one acre in size. To bring the site into compliance,the substantial
amount of debris on the site, including a non-commercial junkyard, must be removed or adequately
screened. She displayed photographs taken on Friday, July 9, 2010, during a site inspection,which
depicted a commercial vehicle, windows and building materials, and derelict vehicles on the site.
She confirmed the property owner received the certified mail; however, she has not had any
conversation with the property owner. 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 ZCV#1000045 against Rosales/Duran to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Conway, and it carried
unanimously.
ZCV#0900298—MENDEZ/MENDEZ : Ms. Salzman presented the case report for the record and
pursuant to the case file, this property is in violation of various sections of the Weld County Code, as
detailed in staffs case summary.. She stated the property is approximately four (4) acres in size,
and certified mail regarding today's hearing was received by staff. She clarified the violation on the
property was initiated when staff determined the intent of the use of the site was for storage
purposes. She confirmed the applicant did attend a pre-application meeting with staff, for the
purposes of discussing a Use by Special Review (USR) permit; however, the property owner
determined at that time that he did not want to pursue the USR process. She clarified the signs
advertising storage were removed from the property, and she displayed photographs which were
taken on Friday, July 9, 2010, during a site inspection. She stated the fence surrounding the
property does contain fabric for opacity; however,there is no screening along U.S. Highway 85. She
confirmed it appears there is only storage of personal items on the site; however, there are two
portable toilets which have been removed from the site. She stated the property owner indicated it
is his intent to store any outdoor storage items within the southeast corner of the site, where
Hearing Certification, Zoning Violations
July 13, 2010 2010-1514
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adequate screening already exists. She further stated the property owner will also install a small
amount of additional screening in order to screen the site from U.S. Highway 85. Ms. Salzman
indicated 30 days should be a sufficient amount of time to finish the screening on the site,therefore,
she recommended the matter be referred to the County Attorney's Office, with a delay of action for
30 days.
At the request of Commissioner Garcia, Bertha Lopez, Department of Human Services, indicated
she is present to provide interpretation, if necessary.
Angelina Rovles indicated she is the daughter of Santos Mendez, property owner,and she believes
a period of 30 days will be adequate to complete the screening on the site. Through interpretation
by Ms. Lopez, Mr. Mendez concurred that 30 days will be adequate.
Chair Rademacher provided the opportunity for public testimony; however, none was given.
Commissioner Garcia moved to refer ZCV #0900298 against Mendez/Mendez to the County
Attorney for legal action, with the instruction to delay action upon such referral until August 13,2010,
to allow adequate time for the property to complete the necessary screening of the site. The motion
was seconded by Commissioner Conway, and it carried unanimously.
BCV#0800150-GARAND/ROSEBERRY: Commissioner Garcia moved to refer BCV#0800150
against Garand/Roseberry back to the Department of Planning Services. The motion was seconded
by Commissioner Conway, and it carried unanimously.
BCV#0900071 -SMITH: Commissioner Garcia moved to refer BCV#0900071 against Smith back
to the Department of Planning Services. The motion was seconded by Commissioner Conway,and
it carried unanimously.
BCV#1000040 -WILDWING DEVELOPMENT LLC/BOX ELDER SANITATION: Commissioner
Garcia moved to refer BCV #1000040 against Wildwing Development LLC/Box Elder Sanitation
back to the Department of Planning Services. The motion was seconded by Commissioner
Conway, and it carried unanimously.
BCV#1000054-MIHALAS/RICKEY: Commissioner Garcia moved to refer BCV#1000054 against
Mihalas/Rickey back to the Department of Planning Services. The motion was seconded by
Commissioner Conway, and it carried unanimously.
BCV#1000061 -TEN K: Commissioner Garcia moved to refer BCV#1000061 against Tenk back to
the Department of Planning Services. The motion was seconded by Commissioner Conway, and it
carried unanimously.
BCV#1000071 -BELL: Commissioner Garcia moved to refer BCV#1000071 against Bell back to
the Department of Planning Services. The motion was seconded by Commissioner Conway, and it
carried unanimously.
Hearing Certification, Zoning Violations
July 13, 2010 2010-1514
Page 3 PL0824
This Certification was approved on the 19th day of July, 2010.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
ATTEST: E 11,'
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Weld County Clerk to the Board lab .( , -
" ,--,iJ 'E CUSED
r ara Kirkmeyer, Pro-Tern
BY:
De y Cler o the Board C a. ___—
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APPR AS TO F 4 (i/ —'
dliam F. Garci
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David E. Long
CD #2010-07(V)
Hearing Certification, Zoning Violations
July 13, 2010 2010-1514
Page 4 PL0824
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