HomeMy WebLinkAbout20100034.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on January 12, 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
Also present:
Acting Clerk to the Board, Elizabeth Strong
Assistant County Attorney, Stephanie Arries
Planning Department representative, Bethany Salzman
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:
ZCV#0900299 -STEVENS: 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 and 23-3-20.A of the Weld County Code. To bring the property into compliance,
the camper/trailer must be disconnected from all utilities,any skirting must be removed from the unit,
and the unit must be vacated as a dwelling unit. Ms. Salzman stated there is a mobile home located
on the property, in addition to the camper, and Mark Stevens, property owner, indicated he intends
to remove the mobile home. She stated the Stevens have made substantial progress towards
bringing the property into compliance, and she has informed Mr. Stevens that applications for a
building permit and a zoning permit for the camper must be submitted in order to bring the property
into compliance if they intend to continue to reside in the camper. She recommended the matter be
referred to the County Attorney, with the instruction to delay action for 30 days, in order to allow
adequate time for the property owners to submit the necessary applications.
Mark Stevens, property owner, stated the mailing address the Department of Planning Services has
on file is incorrect; therefore, he did not receive notice of the violation hearing until the notice was
posted on the property. Mr. Stevens clarified there are two single wide trailers on the property; not
one; however, the trailers are not habitable and need to be demolished. He stated he and his wife
did not know it is illegal to live in the camper while cleaning up the property. He further stated he is
aware a permit is necessary in order to demolish the trailers, and he was planning on applying for
the zoning and building permits Ms. Salzman referred to; however, he does not want to be forced
into applying for a building permit if he decides not to build on the property. Chair Rademacher
inquired as to whether Mr. Stevens plans on building a new home on the property. Mr. Stevens
stated he has removed 27 tons of scrap steel from the property; however, he has not been able to
build a home yet due to time and money constraints and he is unsure if he will build a home on the
property.
Hearing Certification, Zoning Violations
January 12, 2010 2010-0034
Page 1 PL0824
6 . 1�L /,.
Q. O2J t
Ms. Salzman stated there was a zoning violation case against the previous property owner,who sold
the property to the current owners, and she delayed initiating proceedings against the Stevens due
to the substantial amount of progress being made on the property; however, complaints have
subsequently been received regarding the property. She stated it is in violation of Aristocrat
Ranchettes water covenants to connect a camper trailer to the water source, and the only way to
legally connect a camper trailer to the water source is to obtain a Zoning Permit for a Temporary
Use during Construction. Chair Rademacher stated the Stevens do not know what type of structure
they will be building on the property at this point. Ms. Salzman concurred with Chair Rademacher;
however, the camper/trailer is in violation of the Weld County Code until an application for a building
permit is submitted. In response to Commissioner Conway, Ms. Salzman clarified in order to obtain
a temporary use during construction permit for the camper, there must be a building permit for a
principal dwelling. Commissioner Conway inquired as to how much money the building permit will
cost. Ms. Salzman stated she will not know the cost for the building permit until the property owners
have submitted an application. In response to Commissioner Conway, Ms. Salzman stated she
received19 complaints regarding the camper and people are concerned because if the camper's
water connection backs up into the water source, it can adversely affect the entire Aristocrat
Rachettes water system. Mr. Stevens stated the camper is filled with water, as needed, and it does
not remain connected; therefore, there is not a possibility of the water connection backing into the
Aristocrat Ranchettes water system. He stated there was also a concern expressed regarding the
electricity connection causing a shortage or a fire; however, the camper is properly connected
utilizing a 30 amp receptacle which has been designed for this purpose. Mr. Stevens submitted 16
photographs into the record, marked Exhibit A,which document the condition of the property before
and after it was cleaned up.
Karla Stevens, property owner, stated they have filled two (2) 30-yard roll off dumpsters with debris
from the property.
Commissioner Garcia stated the issue regarding the camper is the Weld County Code only allows it
to be used as a dwelling unit during the construction of a primary dwelling structure. He stated he
appreciates the amount of effort involved in demolishing the existing trailer homes on the property
and the property owners need to determine what they want to do with property. He inquired as to
where the property owners would reside if they were unable to reside in the camper. Mr. Stevens
stated if he could no longer live in the camper, he would be forced to sell the property, and the
camper is his and his wife's only home. He stated when he and his wife purchased the property,
they intended to build a home on it; however, he is presently unemployed; therefore, it may be
necessary to purchase a modular home when they are able to afford one, since they cannot afford
the cost of building a new home on the property.
Wendy Inloes, Department of Planning Services, stated there is some flexibility regarding the zoning
permit for a temporary use during construction. Ms. Inloes stated typically the application for a
building permit is submitted at the same time as the application for a temporary use during
construction; however, there are approximately 45 days allowed to submit the application for the
building permit after the application for a Zoning Permit for a Temporary Use during Construction
has been submitted. She clarified the zoning permit typically takes approximately 45 days to
process; therefore, the Stevens would have up to 45 days to submit the application for the building
permit and construction would be required to commence within 90 days; however, she would not be
able to release the zoning permit until the application for the building permit has been submitted.
Chair Rademacher stated it seems the Stevens were not informed of all of the available options to
resolve the matter, and it seems the matter may be able to be resolved among the Stevens and
Planning Services staff. Commissioner Conway concurred with Chair Rademacher and he stated
the Stevens have accomplished a great deal of work on the property.
Chair Rademacher gave the opportunity for public testimony; however, none was given.
Hearing Certification, Zoning Violations 2010-0034
January 12, 2010 PL0824
Page 2
Chair Garcia stated there may be loans or grants available for this situation through the United
States Department of Agriculture (USDA).
Commissioner Conway moved to refer ZCV#0900299 against Karla and Mark Stevens back to the
Department of Planning Services, to allow adequate time for the property owners to submit the
necessary applications. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
ZCV#0900249 -CRALL: Ms. Salzman presented the case report for the record and pursuant to
the case file this property is in violation of Sections 23-2-150, 23-2-150.C, and 23-2-150.L of the
Weld County Code. To bring the property into compliance, it needs to be brought back into
compliance with Site Plan Review#303, or an amended Site Plan Review shall be submitted. She
stated the reason the site is out of compliance is due to crushed rock being stored at the site,which
is not allowed in the existing Site Plan Review. This matter was considered on December 8, 2009,
and continued for 30 days in order to allow adequate time for the property owners to remove the
rock from the property.
Commissioner Conway moved to refer ZCV#0900249 against Steven and Lorraine Crall back to the
Department of Planning Services, due to the property being sold through a Public Trustee's
Certificate of Purchase. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
ZCV#0900297-MONTEZ: 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,
and 23-3-30.1 of the Weld County Code. To bring the property into compliance,the noncommercial
junkyard consisting of derelict vehicles, trash, paper, flammables, wood, scrap iron, buckets,
automobile parts, and other miscellaneous debris must be removed, restored, or completely
screened from all adjacent properties and public rights-of-way. This matter was considered on
December 8, 2009, and continued for 30 days in order to allow staff adequate time to determine
ownership of the property. Ms. Siron stated Manuel Montez has not contacted the Department of
Planning Services and she recommended the matter be referred to the County Attorney for
immediate action. She stated the property has been in violation of the Weld County Code twice
before, and each time the matter was referred to the County Attorney's Office before being resolved.
Neither Mr. Montez, nor a representative, was present at the hearing.
Commissioner Long moved to refer ZCV#0900297 against Manuel Montez to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Conway, and it carried
unanimously.
ZCV#0900309 - MENDOZAIAGUILAR: 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. She stated she is going to discuss this case and the following case at the
same time, since both properties have the same owners. To bring the properties into compliance,
the noncommercial junkyard consisting of wood, fencing, pipe, barrels, and other miscellaneous
debris must be removed, restored, or completely screened from all adjacent properties and public
rights-of-way. She stated there was a Community Clean-Up effort conducted in the area in the
month of April; therefore, the property owners had the opportunity to receive help cleaning up the
property from the County;therefore, she recommends referral to the County Attorney for immediate
legal action. Commissioner Long concurred with Ms. Siron and he stated he strongly encouraged
Jose Mendoza, property owner, to participate in the Community Clean-Up, and Mr. Mendoza did
Hearing Certification, Zoning Violations
January 12, 2010 2010-0034
Page 3 PL0824
dispose of many items through the Community Clean-Up; however, a large amount of debris
remains on the property and Mr. Mendoza has had numerous warnings.
Commissioner Garcia thanked the Department of Planning Services staff and Commissioner Long
for their efforts regarding the Community Clean-Up, which was a great success, and he moved to
refer ZCV#0900309 against Jose Mendoza and Rosita Aguilar to the County Attorney for immediate
legal action. The motion was seconded by Commissioner Long, and it carried unanimously.
ZCV#0900307 - MENDOZA/AGUILAR: 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 a derelict vehicle,wood, pipe,fencing, pallets, and other miscellaneous debris must be
removed, restored, or completely screened from all adjacent properties and public rights-of-way.
Based on previous discussion, Commissioner Garcia moved to refer ZCV#0900307 against Jose
Mendoza and Rosita Aguilar to the County Attorney for immediate legal action. The motion was
seconded by Commissioner Long, and it carried unanimously.
ZCV #0900139 — FREDERICK AND ELIZABETH DEERING: 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, 23-3-40, 23-3-40.O, 23-3-40.R of the Weld County Code. To bring the property into
compliance, an application for a Use by Special Review (USR) permit must be submitted for a
welding shop/custom fabrication.
Commissioner Conway moved to refer ZCV #0900139 against Frederick and Elizabeth Deering
back to the Department of Planning Services, due to the application for a USR permit being
submitted. The motion was seconded by Commissioner Garcia, and it carried unanimously.
ZCV#0900310-COLE : 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, 23-3-30.1, 23-3-30.M, 23-3-40,
and 23-3-40.R of the Weld County Code. She stated the property owner has removed the
commercial vehicles from the property, with the exception of two (2) semi-trailers, which are an
allowed use; therefore, the sole remaining violation is the noncommercial junkyard consisting of
derelict vehicles and tires, which must be removed, restored, or completely screened from all
adjacent properties and public rights-of-way, in order to bring the property into compliance. She
stated Justin Cole, property owner, sent an email which indicated he is unable to attend the hearing
today and the trucks on the property belong to his uncle; however, he did not specify a timeline for
removal of the vehicles. She recommended the matter be referred to the County Attorney, with the
instruction to delay action for 60 days. She stated there were initially six (6) dump trucks on the
property, all of which have been removed; therefore, the property owner is making progress.
Commissioner Conway inquired as to why 60 days are recommended if the property owner does not
want to address the matter. Ms. Salzman clarified Mr. Cole has not indicated he does want to
address the matter; he simply did not specify a timeline, and he has made substantial progress
towards bringing the property into compliance. Neither Mr. Cole, nor a representative,was present
at the hearing. Commissioner Garcia stated he does not typically support a 60-day delay; however,
he will support the recommendation in this instance due to the weather. He stated he would not
support the recommendation if it were a warmer season of the year.
Commissioner Conway moved to refer ZCV#0900310 against Justin Cole to the County Attorney for
legal action, with the instruction to delay action upon such referral until March 12, 2010, to allow
adequate time for the property owner to remove, restore, or screen the noncommercial junkyard.
The motion was seconded by Commissioner Garcia, and it carried unanimously.
Hearing Certification, Zoning Violations
January 12, 2010 2010-0034
Page 4 PL0824
ZCV#0900311 -CASTRUITA: 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 noncommercial junkyard consisting of one
(1) derelict vehicle and a pile of debris must be removed, restored, or screened from all adjacent
properties and public rights-of-way. She stated there is a fence on the property;therefore,she does
not understand why the property owner does not move the vehicle and debris behind the fence, in
order to bring the property into compliance. She further stated this is the third time this property
owner has been in violation of the Weld County Code and the fence was installed after the second
violation; therefore, she recommended the matter be referred to the County Attorney for immediate
legal action. Neither Jose or Nadine Castruita, nor a representative, were present at the hearing.
Commissioner Garcia moved to refer ZCV #0900311 against Jose and Nadine Castruita to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Conway,
and it carried unanimously.
ZCV#0900291 —PEREZ BALDERRAMA/BALDERRAMA: 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,
23-3-20.A, 23-3-30, 23-3-30.M, 23-4-950, 23-3-40, and 23-3-40.R of the Weld County Code. To
bring the property into compliance, the camper/trailer must be disconnected from all utilities, any
skirting must be removed, and the unit must be vacated as a dwelling unit. Also, the number of
commercial vehicles must be reduced to one(1) and an application must be submitted for a Zoning
Permit for a Commercial Vehicle. She stated Edmundo Perez Balderrama, property owner,
indicated the camper belongs to his brother and he will remove it before the end of this month. She
further stated she has offered to help the property owners with the application for a Zoning Permit
for a Commercial Vehicle after the hearing today and Mr. Perez Balderrama has indicated he will
accept the assistance. She recommended the matter be referred to the County Attorney, with the
instruction to delay action for 30 days, in order to allow adequate time for the property owner to
submit the necessary application and to remove the camper from the property.
Berta Lopez, translator for Mr. Perez Balderrama and employee in the Department of Human
Services, stated Mr. Perez Balderrama has indicated 30 days will be sufficient time to bring the
property into compliance and he will discuss the matter with the Department of Planning Services
staff after the hearing today.
Chair Rademacher gave the opportunity for public testimony; however, none was given.
Commissioner Garcia moved to refer ZCV #0900291 against Edmundo Perez Balderrama and
Maria Balderrama to the County Attorney for legal action, with the instruction to delay action upon
such referral until February 12, 2010, to allow adequate time for Mr. Perez Balderrama to submit the
application for a Zoning Permit for a Commercial Vehicle and to remove the camper from the
property. The motion was seconded by Commissioner Conway, and it carried unanimously.
ZCV #0900308 - PENNINGTON: 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, 23-3-30.D,
23-3-30.M, 23-4-950, 23-3-40, 23-3-40.O, and 23-3-40.R of the Weld County Code. To bring the
property into compliance, an application for a USR permit must be submitted for the operation of an
electric company. She stated the pre-application meeting has not occurred and the property owner
has not made any progress towards bringing the property into compliance; therefore, she
recommended the matter be referred to the County Attorney for immediate legal action. In response
to Chair Rademacher, Ms. Salzman stated the property owner indicated he is operating the
business in a garage on the property, he has approximately two(2)or three(3)vans on the property,
Hearing Certification, Zoning Violations
January 12, 2010 2010-0034
Page 5 PL0824
and he has approximately four(4) or five (5) employees; therefore, a USR permit must be obtained
in order to bring the property into compliance. Neither Kenneth or Becky Pennington, nor a
representative, were present at the hearing.
Commissioner Long moved to refer ZCV#0900308 against Kenneth and Becky Pennington to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Garcia,
and it carried unanimously.
ZCV#0900295 -MAYER: 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, 23-3-40, 23-3-40, 23-3-40.0,
and 23-3-40.R of the Weld County Code. To bring the property into compliance, an application for a
USR permit must be submitted for the operation of a tree trimming business. She stated a pre-
application meeting was conducted on October 23, 2009, and the property owners submitted a
7 Day Completeness Review Packet on December 7, 2009. She further stated Kim Ogle,
Department of Planning Services, has issued comments regarding the packet and the property
owners are working on addressing the comments, in order to submit a complete application for a
USR;therefore, she recommends the matter be referred to the County Attorney,with the instruction
to delay action for 30 days.
Jamin Mayer, property owner, stated the aerial photograph provided by Ms. Salzman does not
reflect the current condition of the property. In response to Commissioner Rademacher, Mr. Mayer
stated he is close to having the necessary application completed and 30 days will be adequate time
to submit the application. Commissioner Garcia thanked Mr. Mayer for working with staff to resolve
the matter.
Commissioner Long moved to refer ZCV#0900295 against Jamin and Beth Mayer to the County
Attorney for legal action, with the instruction to delay action upon such referral until February 12,
2010, to allow adequate time for the application for a USR permit to be submitted. The motion was
seconded by Commissioner Conway, and it carried unanimously.
ZCV#0900296 - JAMES: 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, 23-3-40, 23-3-40.B,
23-3-40.6.6, 23-3-40.B.9, and 23-3-40.V of the Weld County Code. To bring the property into
compliance, an application for a USR permit must be submitted for the operation of a feed and/or
seed company.
Commissioner Conway moved to refer ZCV#0900296 against Tamara and Jimmie James back to
the Department of Planning Services, due to the application for a USR permit being submitted. The
motion was seconded by Commissioner Garcia, and it carried unanimously.
ZCV #0900366 — RRRS/CARTER: Ms. Salzman presented the case report for the record and
pursuant to the case file, this property is in violation of Sections 23-2-150, 23-2-150.C, 23-2-150.L,
23-3-210, 23-3-210.B,23-3-210.B.10,23-3-230, 23-3-230.B,23-3-230.B.1,23-3-230.C,23-3-230.D,
and 23-3-230.D.10 of the Weld County Code. To bring the property into compliance, an application
for a USR permit must be submitted for the operation of a medical marijuana dispensary, the
massage parlor must be removed from the property, and the noncommercial junkyard consisting of
pallets, plastic drums, barrels, and containers be removed, restored, or completely screened from all
adjacent properties and public rights-of-way.
Commissioner Conway moved to refer ZCV#090366 against RRRS, LLP, c/o Ron Hiatt, and Beau
Carter, dba Herbal Medix, LLC, back to the Department of Planning Services,due the application for
Hearing Certification, Zoning Violations
January 12, 2010 2010-0034
Page 6 PL0824
a USR permit being submitted. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
This Certification was approved on the 18th day of January, 2010.
BOARD OF COUNTY COMMISSIONERS
. 3 IE La WELD COUNTY, COLORADO
'i' lY' ✓11
ATTEST: ••. C' jRa ��a
" 4� ��� =�ouglad Radem her, Chair
Weld County Clerk to the f•. .
_ ' , XCUSED
�� / 1r \, Barbara Kirkmeyer, Pro-Tem
B%, , ',11A , 9 �/a i I i'
Depu y Clerk the Board _ l/
Sean ILL' nway
APP ED AS C
W F. Garcia L----
unty Attorney w or
c
David E. Long
CD#2010-01 7
Hearing Certification, Zoning Violations
January 12, 2010 2010-0034
Page 7 PL0824
C4
w
PI
ch u z
C
iTh
a) Z
to o a
N .. L1
co
m a LJ
T 0
r� Ni `',
a) riS
N La)
o A•
Es
--2. r —
V ,Ri
o a i {
co s ��
° -c -4-
o _ • J
w 1L ?
E - Lam.
w
Q) ;
U o 'v
z /j o ct
Q
O -D Zr- '-
Z
, as
w Co
I- -, 8 F = \ ,
r- -o
a) g r�
a E A , -,
A
o Q
o
u) m
x o
H E J
O c
y `_ J
Z 0 ' _
Q C V
LU "17
ZO W i '-' > __
17 a W
5 a
Hello