HomeMy WebLinkAbout20100469.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on March 9, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem — EXCUSED UNTIL 10:14 A.M.
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
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:
ZCV#0900300 -FLORES: 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, trailers, tires, automobile parts, and other miscellaneous
debris must be removed, restored, or screened from all adjacent properties and public rights-of-way.
In response to Commissioner Conway, Ms. Siron stated this matter was continued from February 9,
2010, in order to allow adequate time for the property owner to be properly noticed, and Oralia
Flores is unable to attend the hearing today; however, her daughter is present.
Dora Quintana, daughter of Oralia Flores, stated her brothers will remove the vehicles from the
property; however, they have been unable to locate the keys; therefore, she requested 60 days for
her brothers to be able to tow the vehicles. In response to Chair Rademacher, Ms. Quintana stated
there are approximately six (6) or seven (7) vehicles on the property. Responding to Chair
Rademacher, Ms. Siron stated the derelict vehicles are the major issue on the property and there is
not a great deal of debris on the property; however, there are a few car parts and tires which need to
be removed. Ms. Quintana stated one (1) of the vehicles has been there since her father passed
away approximately 25 years ago. Commissioner Conway inquired as to whether Ms. Quintana has
a plan for where the derelict vehicles will be relocated. Ms. Quintana stated the vehicles will be
towed to a junkyard. In response to Commissioner Conway, Ms. Quintana stated her brother has
identified a friend who is able to assist with removing the vehicles from the property; however, her
brother has limited time available; therefore, she is requesting 60 days for her brothers and the
friend to be able to coordinate their schedules. (Clerk's Note: Commissioner Kirkmeyer is now in
attendance; it is 10:14 a.m.) Commissioner Garcia stated 60 days is an excessive amount of time to
delay action for this case, and he believes 30 days should be adequate. Chair Rademacher
concurred with Commissioner Garcia, and he stated all the vehicles should be able to be removed
on the same day. Ms. Quintana stated it is simply a scheduling matter. In response to Chair
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Rademacher, Ms. Quintana stated most of the vehicles will be salvaged; however,one(1)or two(2)
of the vehicles belong to her nephews.
Chair Rademacher gave the opportunity for public testimony; however, none was given.
Commissioner Garcia moved to refer ZCV#0900300 against Oralia Flores to the County Attorney
for legal action, with the instruction to delay action upon such referral until April 9, 2010, in order to
allow adequate time for the property owner to have the derelict vehicles and car parts removed from
the property. The motion was seconded by Commissioner Conway, and it carried unanimously.
BCV#0900115 -SCHMELZLE: 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, the fees must be paid, and all inspections must be completed.
Ms. Gregory stated on October 21, 2009, the Mountain View Fire Protection District notified the
Department the property owner was living in the basement of the dwelling without approval or a
Certificate of Occupancy, and the property owner subsequently agreed to move out of the dwelling
until all inspections are complete and a Certificate of Occupancy has been issued. She stated the
building permit expired on January 19, 2010, an application for a new building permit has not been
submitted, and it appears the property owner is still living in the dwelling; however, the property
owner has stated that she is living nearby with a friend. She submitted an email from the Mountain
View Fire Protection District into the record, marked Exhibit A, and she recommended the case be
referred to the County Attorney for immediate legal action.
Marcia Schmelzle, property owner, stated she is living nearby with a friend; however, she has been
at the property many days and some evenings working on completing the structure. Ms. Schmelzle
stated she has been unemployed since November, 2009, she is collecting unemployment, and she
does not have the money available to pay for a new building permit. She stated her father died in
January, 2010, and she spent most of the month in the State of Illinois working on settling his affairs,
and she requested that another extension be granted to allow her adequate time to complete the
structure. She stated she understands she is in violation of the Weld County Code and she was
living on the property while she was trying to get the final inspection completed; however, she
rectified the situation after the discussion occurred with the inspector. In response to Commissioner
Conway, Ms. Schmelzle stated 60 days will be adequate time for her to bring the property into
compliance, and she has requested a loan from her sister. Ms. Schmelzle stated she did not
anticipate the economic downturn when she began building the structure in the year 2007. In
response to Commissioner Conway, Ms. Schmelzle stated she diligently tried to complete the
structure before the 180-day extension expired in January, 2010; however, she has had
disagreements with the Fire Marshall regarding what remains to be completed and the main problem
is she was unaware that a certified fire sprinkler installer needed to complete the sprinkler system.
She stated the company she was working with when she began the construction is no longer in
business and she thought she could complete the project by herself; however, she has learned that
is not possible after speaking to the Mountain View Fire Protection District, and she cannot afford to
hire another contractor. Commissioner Kirkmeyer inquired as to whether the sprinkler system is the
only remaining item which needs to be completed. Ms. Schmelzle stated in addition to the sprinkler
system, the master shower needs to be completed and a low-water cutoff is needed for the boiler.
She stated the permanent meter and septic system were approved by the inspector, and there was
plastic over some insulation which was considered a fire hazard; therefore, she has removed the
plastic. Commissioner Conway inquired as to how much it will cost Ms. Schmelzle to complete the
outstanding items. Ms. Schmelzle stated the fire sprinkler system will cost approximately$1,200.00,
including the approximately 64 sprinkler heads, which cost approximately $8.00 a piece, and the
installation cost. In response to Chair Rademacher, Ms. Gregory stated extensions are granted for
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180 days, one (1) extension is allowed per building permit, and Ms. Schmelzle has already been
granted an extension, which expired in January, 2010. Commissioner Kirkmeyer inquired as to
whether the regular procedure to request another extension is to request the extension from the
Board. Ms. Gregory stated ordinarily after the one (1) extension has expired, the applicant must
apply for a new building permit. Ms. Schmelzle stated she was aware she needed to apply for
another building permit; however, she did not have the money available to do so. In response to
Chair Rademacher, Ms. Gregory stated the cost for Ms. Schmelzle to apply for a new building permit
will be $299.67. Ms. Gregory stated the final building, final heat, final plumbing, and Fire District
approvals remain outstanding. In response to Commissioner Kirkmeyer, Ms. Schmelzle confirmed
that she scheduled a final inspection; however, the inspector who conducted the inspection had
never been to the property before and the new inspector had issues with some of the items which
had previously been signed off on, which caused a delay. She stated several weeks later the
inspector who she had previously worked with inspected the property and a list of items which need
to be completed was agreed upon. In response to Commissioner Kirkmeyer, Ms. Gregory confirmed
that if the permit had not expired, Ms. Schmelzle could have requested that another final inspection
be conducted. Ms. Schmelzle stated the County has sent four(4)different inspectors to the property
and each inspector has examined different items and items which had been approved by another
inspector have been questioned; therefore, it has been a frustrating process. In response to
Commissioner Conway, Ms. Schmelzle stated she is satisfied with the final list of items which need
to be completed, and there should not be any problems as long as the same inspector conducts the
final inspection. Ms. Gregory stated the structure has been in the construction process for over
two (2) years, which is the reason there have been different inspectors involved in the process.
Commissioner Kirkmeyer stated she is willing to grant a six (6) month extension. In response to
Chair Rademacher, Ms. Kirkmeyer stated she is willing to waive the building permit fee.
Commissioner Conway indicated he is also willing to grant an extension and waive the fee, since
Ms. Schmelzle has made a genuine effort to complete the project within the extension period and
was unable to complete the project as a result of the economic downturn. In response to
Commissioner Conway, Ms. Schmelzle stated if the fee of $299.67 is waived, there will be
approximately$2,000.00 worth of work remaining to be completed, and she is confident she will be
able to complete the project within six (6) months. Ms. Gregory requested that the Board clarify
whether it is its intention to reopen the original expired permit, or to issue a new permit and waive
the fee.
Stephanie Arries,Assistant County Attorney, stated the extension has expired;therefore, in order to
be consistent with the Weld County Code, a new permit must be issued. Ms. Gregory stated if a
new building permit is issued, Ms. Schmelzle will be eligible for another six (6) month extension
when the permit expires. Ms. Schmelzle stated she intends to have the project completed before
the permit expires and does not even want the option to request an extension. Commissioner
Kirkmeyer stated a new permit should be issued, in order to maintain compliance with the Weld
County Code.
Ken Swanson, Building Official, stated he is concerned about issuing a new permit to complete the
project because the original permit was issued under an old version of the Weld County Code;
therefore, he proposes extending the existing permit, in order to allow the structure to be completed
as it was originally designed. Ms. Schmelzle concurred with Mr. Swanson's recommendation.
Commissioner Kirkmeyer moved to refer BCV #0900115 against Marcia Schmelzle back to the
Department of Planning Services,with the instruction to extend the building permit for a period of six
(6) months and to waive any associated fees. Commissioner Conway seconded the motion,which
carried unanimously.
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BCV #1000004 - LOUIE MARTINEZ: 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.
Commissioner Garcia moved to refer BCV#1000004 against Louie Martinez back to the Department
of Planning Services staff, since a new building permit has been issued. The motion was seconded
by Commissioner Conway, and it carried unanimously.
ZCV#0900364-GRANTHAM: 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.A, 23-3-150.B,
and 23-3-150.C of the Weld County Code. To bring the property into compliance, the
noncommercial junkyard consisting of a derelict vehicle, wood, scrap iron, household items, and
other miscellaneous debris shall be removed or restored. She stated substantial progress has been
made towards bringing the property into compliance; however, there is a trailer containing scrap
metal and toolboxes,which the property owners intend to sell to Andersen's Salvage, and a derelict
vehicle remaining on the property. She stated Lyle Grantham, property owner,has a broken hip and
his wife has limited mobility; therefore, neither of them are able to attend the hearing today.
Ms. Siron recommended referring the matter to the County Attorney, with the instruction to delay
action for 30 days, in order to allow the property owners adequate time to remove the trailer and the
derelict vehicle from the property. Commissioner Conway inquired as to how Mr. Grantham will be
able to remove the items from the property with a broken hip. Ms. Siron stated Mr. Grantham's
children have been working on the property and they will be completing the work within the next
week.
Neither Dorothye or Lyle Grantham, nor a representative, were present, and Chair Rademacher
gave the opportunity for public testimony; however, none was given.
Commissioner Conway moved to refer ZCV#0900364 against Dorothye and Lyle Grantham 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 trailer and the derelict vehicle to be removed from the property.
The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
ZCV#0900361 -IBARRA: 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.A, 23-3-150.6, and
23-3-150.C of the Weld County Code. To bring the property into compliance, the noncommercial
junkyard consisting of a derelict vehicle, boxes, trash, chairs, other household items, barrels, and
miscellaneous debris shall be restored or removed. Ms. Siron stated if the property owner is not
present today, she requests a continuance in order to ensure proper notice of the violation hearing is
provided.
Neither Fernando Ibarra, nor a representative, was present.
Commissioner Conway moved to continue ZCV #0900361 against Fernando Ibarra to April 13,
2010, in order to allow adequate time for proper notice to be given to the property owner. The
motion was seconded by Commissioner Long, and it carried unanimously.
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ZCV#0800229 -KIBEL: 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. She stated she conducted an inspection
yesterday and substantial progress had been made at the site, and the only remaining portion of the
noncommercial junkyard was one(1)derelict vehicle. She stated the property owner is present and
has provided proof of registration for the derelict vehicle;therefore,the property is in compliance and
she recommends the matter be dismissed.
Commissioner Long moved to dismiss ZCV #0800229 against Suzanne Kibel. The motion was
seconded by Commissioner Kirkmeyer. Chair Garcia thanked the property owner for her efforts to
bring the property into compliance, and the other Commissioners concurred. There being no further
discussion, the motion carried unanimously.
ZCV #0900343 - KELTIE: Ms. 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 two (2) derelict vehicles must be removed, restored, or
screened from all adjacent properties and public rights-of-way. She stated the property owner
indicated she will not be able to attend the hearing due to a lack of transportation. Ms. Salzman
recommended the matter be referred to the County Attorney's Office, with the instruction to delay
action for 30 days,due to road and curb construction being performed by the Town of Hudson, since
the property owner resides in an affected area. In response to Chair Rademacher, Ms. Salzman
stated one of the vehicle registrations expired July 31, 2008, and the other expired May 31, 2009.
Commissioner Garcia stated the documentation indicates the noncommercial junkyard consisted of
appliances, buckets, concrete blocks and bricks, tires, and miscellaneous debris, in addition to the
derelict vehicles. Ms. Salzman stated substantial progress has been made towards bringing the
property into compliance, and the remaining portion of the noncommercial junkyard consists of the
two (2) derelict vehicles.
Neither Anna Keltie, nor a representative, was present.
Commissioner Garcia moved to refer ZCV#0900343 against Anna Keltie 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 remove the vehicles from the property. The motion was
seconded by Commissioner Conway. Chair Rademacher stated it is likely the Board will see more
of these cases because people cannot afford to license their vehicles. He stated he sympathizes
with people who cannot afford to license their vehicles; however, he is unsure how to address the
matter at this level of government. Commissioner Conway stated he also sympathizes with people
who cannot afford to license their vehicles as a result of the current economy, and it is incumbent
upon everyone to notify the legislators of the consequences of the laws they pass. He stated
perhaps a provision can be introduced into the law, to allow the fees to be waived by the Clerk and
Recorder in cases of hardship and for people on limited incomes. Commissioner Kirkmeyer stated a
provision, such as Commissioner Conway suggested, is underway. There being no further
discussion, the motion carried unanimously.
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ZCV#0900157 -POSS: Ms. 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 23-3-410,
23-3-420, 23-3-420.D, 23-3-420.G, 23-3-430, and 23-3-430.H of the Weld County Code. To bring
the property into compliance, the commercial vehicles and equipment and the noncommercial
junkyard must be removed. She stated PK Geothermal, LLC, is registered as a geothermal
operations site with the State; however, it cannot exist on the property. She further stated a building
permit was issued for the property owner to construct a shop and install a furnace, and the property
owner indicated PK Geothermal, LLC, would be utilized for the furnace installation; however, the
permit has expired and the commercial equipment and supplies remain on the property.
Ms. Salzman stated there is a second business associated with the property that she was informed
has been dissolved, Design Woodworks, Inc.; however, there was advertising for the business on
the site in October, 2009. She stated that she did not notice if the sign advertising Design
Woodworks, Inc.,was still erected at the inspection she conducted yesterday. She recommended
the case be referred to the County Attorney's Office for immediate legal action. In response to
Commissioner Conway, Ms. Salzman stated there are not any derelict vehicles on the site; however,
there is a commercial trailer containing scrap iron and miscellaneous debris, and black tubing and
geothermal supplies are being stored on the property. Ms. Salzman stated she has also received
complaints that loads of materials are occasionally delivered to the site, and she provided an e-mail
regarding this to the Board and the County Attorney approximately two(2)weeks ago. In response
to Chair Rademacher, Ms. Salzman stated the small red barn is the only existing outbuilding on the
property. Chair Rademacher stated if the property owner had a larger outbuilding,equipment could
be stored there. Ms. Salzman stated the expired building permit was for the construction of another
outbuilding.
David Poss, property owner, submitted several documents into the record, marked Exhibits B, C, D,
and E. Mr. Poss stated there was only one existing house in the area when he purchased the
property, he worked as a builder for 40 years, and he constructed his residence on Lot 1 and
another home on Lot 2, which is for sale. He stated he is having difficulty selling Lot 2 due to the
poor economy;therefore, he applied for financing and a building permit to install geothermal heating
in the house. He stated he was going to install the geothermal heating system last fall; however,
there was a financing issue and the area was flooded; therefore, he decided to commence the
project this spring. Mr. Poss stated PK Geothermal, LLC, is his son's company, and his wife
conducts the accounting for the company. He stated Design Woodworks, Inc., was his business;
however, he is now a geothermal equipment distributor, materials are delivered to the mechanical
contractor sites, and he seldom has any deliveries made to his home. He stated he has employed
his son to paint, repair dry wall, install roofing, and repair cracked concrete in the driveways, in order
to assist his son during these difficult economic times. Mr. Poss stated he has applied for a building
permit to construct an auxiliary building to store vehicles and supplies, and most of the materials
being stored on the property are construction materials to be utilized for constructing the auxiliary
building. He stated he is unsure why a Flood Hazard Development Permit is required for the
outbuilding before the building permit will be issued, since both of the houses, and the proposed
outbuilding, are outside of the floodplain area, and he is working with the Federal Emergency
Management Agency (FEMA) to remove the outbuilding from the floodplain. In response to Chair
Rademacher, Mr. Poss stated the reason the property flooded is the Homeowner's Association
(HOA) was attempting to supply water to the lake and it overflowed and flooded the property.
Leonard Dolhert, Reflection Bay resident and President of the HOA, stated all the homeowners are
represented at the hearing either by e-mail or in person. Mr. Dolhert stated Reflection Bay operates
under covenants and by-laws, which have been recorded, and the covenants indicate that no lot
shall be used for any purpose other than single family residential purposes or for a home occupation
so long as the occupation is allowed by the Zoning Code; however, junkyards and commercial
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businesses are not allowed, especially when owned by non-residents, and junkyards and
commercial businesses are unsightly. He stated there are deliveries occurring on Mr. Poss's
property, and he has witnessed the trailer in the photograph leaving the site loaded with material and
returning empty in the evenings on multiple occasions. He inquired as to how long the residents
have to endure the activity occurring on Mr. Poss's property, what the residents should do if they
continue to witness the violations, and what the residents should do in the event that Mr. Poss or his
wife retaliates against them. Mr. Dolhert stated the water flowing to the lake was intentionally
blocked by Mr. Poss and his wife as a result of this hearing and Mr. Poss indicated that as a
condition of unblocking the pipe, the HOA must write a letter of support for his home business.
Commissioner Long stated the Board is only able to consider the matters within the County's
jurisdiction and he requested clarification of those matters. Ms. Arries stated the Board is to
consider the presence of commercial vehicles on the property and the operation of commercial
enterprises on the property. Commissioner Kirkmeyer stated the HOA and covenants were likely
conditions of the subdivision being approved; therefore,those issues may also be within the Board's
jurisdiction. Ms. Arries concurred, and she stated that if a USR permit is applied for in order to
operate the geothermal business, the Board would make a determination on the matter, with
consideration of the covenants. In response to Commissioner Conway, Ms. Arries confirmed the
Board is not considering a USR permit at the hearing today. In response to Chair Rademacher,
Ms. Salzman stated the Commercial business needs to be removed from the property. Ms. Salzman
stated the operation of a home occupation has been approved on the property for Ms. Poss to
conduct accounting operations; however, it does not allow any delivery or storage of supplies, nor
any employees in addition to Ms. Poss. She stated the noncommercial junkyard must also be
removed, in order to bring the property into compliance, and screening the noncommercial junkyard
is not an option for this case because it is zoned Estate. In response to Commissioner Conway,
Ms. Salzman stated the pipes, palettes, plastic, and the commercial vehicles, including the trailer,
must be removed from the property, and employee traffic must cease. Chair Rademacher stated
the Board cannot address the issue regarding blocking the water; therefore, the matter should be
referred to legal counsel. Commissioner Long clarified the Board does not have jurisdiction
regarding the water matters. In response to Mr. Dolhert, Ms.Arries stated if retaliation occurs, how
the residents should proceed depends upon what the retaliation consists of;whether it is a criminal
violation or a violation of civil rights. She stated if it is a criminal matter,the residents should contact
the Weld County Sheriff's Office, and if it is a civil matter, the residents can address the matter
through a private lawsuit. She further stated the Board can authorize the removal of items which are
in violation of the Weld County Code.
Allen Rees, Reflection Bay resident, stated there are two (2) additional vehicles on the Poss
property,which the photographs do not include, and he does not believe the vehicles are registered.
Ms. Salzman stated she can verify whether the vehicles are registered, and if the vehicles are not
registered,the vehicles will be considered part of the noncommercial junkyard. Commissioner Long
stated the Board is not the enforcement mechanism for the HOA; however, the Board can remedy
the violations of the Weld County Code.
In response to Chair Rademacher, Mr. Poss stated he has struggled to obtain financing to complete
the landscaping for Lot 2, in addition to the auxiliary building. Mr. Poss stated most of the products
on the trailer are construction materials for the auxiliary building, including forms, concrete, and
rebar equipment, and the items that are not construction related will be stored in the auxiliary
building when it is constructed. Chair Rademacher inquired as to how long it will take Mr. Poss to
bring the property into compliance. Mr. Poss stated that he is willing to resolve the issues, he has
applied for a building permit, and he is working on the floodplain issue. He stated when the building
permit is in place, he will commence work on the auxiliary building; however, it may be 30 days
before he obtains the permit. He stated the pipe on the property is for the geothermal heating which
will be installed on Lot 2, and he must excavate the lot in order to complete the installation. He
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further stated all of the necessary permits are either in place, or he has submitted an application to
obtain the permit and the application is being processed. Commissioner Garcia stated regardless of
the proposed outbuilding construction,the construction materials need to be addressed at this time.
He stated another issue is the business does not meet the standards for a home occupation, and
both matters need to be addressed. Chair Rademacher stated if the HOA does not allow
commercial vehicles, it is not within the Board's jurisdiction to make a decision regarding the
commercial vehicles; however, the Board can address the storage of construction material on the
property. Ms. Arries stated all of the items associated with PK Geothermal, LLC, cannot be stored
on the property and must be removed. Mr. Poss stated he has hired PK Geothermal, LLC, to
complete various projects on the property; therefore, the tools and materials are necessary.
Ms. Arries stated PK Geothermal, LLC, must keep its tools with the employees and the employees
may bring the tools and materials to perform the work; however, the tools and materials must be
removed from the property at the end of each work day when the employees leave. Mr. Poss stated
he has observed situations where construction materials remain on-site when a building permit is in
place. Ms.Arries stated the larger issue is the commercial vehicles on the property. In response to
Commissioner Kirkmeyer, Ms. Salzman confirmed the commercial vehicles need to be removed,
since the vehicles are not allowed under the Weld County Code, and the geothermal materials
cannot remain on the property and must be removed on a daily basis. Further responding to
Commissioner Kirkmeyer, Ms. Salzman confirmed the delivery of materials and supplies must
cease, the derelict vehicles must be removed or registered, and the commercial vehicles and
noncommercial junkyard must be removed from the property. Ms. Salzman stated the storage in the
proposed outbuilding must be for personal use; Mr. Poss cannot store commercial materials in the
outbuilding. In response to Commissioner Kirkmeyer, Mr. Poss stated he will be able to bring the
property into compliance within 90 days. Commissioner Kirkmeyer inquired as to why 90 days is
needed. Mr. Poss stated the property is very muddy and there may be a lot of rain and snow
throughout the spring,which will hinder the removal efforts, and Lot 2 will require the excavation of a
70 by 110 foot area, in order to install the geothermal heating system. He stated he has only had
materials delivered once in the last two (2) months, and he has observed deliveries being made to
the neighboring residences. In response to Commissioner Conway, Ms. Salzman stated that
Mr. Poss has been granted an extension for the building permit. Commissioner Long stated if
Mr. Poss has a construction project in progress, it is not fair to require him to remove all of the
storage materials and construction equipment from the site; therefore, the Board needs to
differentiate between the items necessary for the construction process and the items which are
associated with the unauthorized commercial businesses. Chair Rademacher stated most of the
materials on the property seem to be necessary for the construction project. In response to Chair
Rademacher, Ms. Salzman stated Mr. Poss has an active building permit; however, no inspections
have been completed, and the permit for the auxiliary building cannot be released until the Flood
Hazard permit has been obtained. In response to Chair Rademacher, Ms. Salzman stated it will
take approximately 60 days for Mr. Poss to obtain the Flood Hazard permit. Commissioner
Kirkmeyer concurred with Commissioner Long that there needs to be a separation between which
materials and equipment are commercial, and which are related to the construction process. Chair
Rademacher stated Mr. Poss will remain out of compliance until the Flood Hazard permit is issued,
which will be up to 60 days. In response to Commissioner Kirkmeyer, Mr. Poss clarified
PK Geothermal, LLC, owns the trailer on the property, and Commissioner Kirkmeyer stated the
commercial trailer needs to be removed from the property at the end of each work day. Mr. Poss
stated there is a large carport on Lot 1, and he inquired as to whether he can enclose the carport to
screen the trailer from the road, and he stated he has made an effort to screen the construction
materials on the south side of the house. Ms. Salzman stated Mr. Poss would require a building
permit in order to enclose the carport; however, if Mr. Poss applies for the building permit, he will be
in the same situation as is occurring with the building permit for the auxiliary building. Mr. Poss
inquired as to whether he could install removable panels, in order to enclose the carport.
Ms. Salzman reiterated that screening a junkyard is not an option in the Estate Zone District. In
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response to Commissioner Kirkmeyer, Mr. Poss stated he has purchased the materials on his site
for his construction projects. Commissioner Kirkmeyer stated if Mr. Poss has purchased the
construction materials, the materials are not commercial storage.
Commissioner Kirkmeyer moved to refer ZCV #0900157 against David and Marcia Poss 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 bring the property into compliance. The
motion was seconded by Commissioner Garcia. Commissioner Kirkmeyer clarified within 30 days
the noncommercial junkyard must be removed,the derelict vehicles must be removed or registered,
deliveries must cease, the commercial vehicles must be removed, and the property owners must
submit all of the necessary materials to apply for the Flood Hazard permit. Commissioner Conway
clarified the Flood Hazard permit will not be processed within 30 days; however, Mr. Poss must
apply for the permit within 30 days. Commissioner Kirkmeyer concurred. Commissioner Garcia
stated this matter has been ongoing since May 27, 2009. Commissioner Conway stated the
economy has impacted the progress of Mr. Poss's projects. There being no further discussion, the
motion carried unanimously.
ZCV#0900299 -STEVENS: Ms. 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, an application for a
building permit for the utilization of a camper/trailer as a temporary use during construction must be
submitted. She stated this case was initially presented to the Board in January, 2010, due to a
camper trailer being utilized as a residence and no building permits being submitted for a principal
dwelling unit. She stated the property owners have submitted an application for a zoning permit to
be able to live in the camper trailer as a temporary use during construction, and the owners have
submitted an application to demolish the connected mobile homes. Ms. Salzman stated the
demolition permit has not been issued because the owners have not provided the asbestos
certification. She stated a condition of the permit for the temporary use of the trailer is that the
construction for the principal dwelling unit commences within 90 days. She recommended the
mailer be referred to the County Attorney's Office,with the instruction to delay action for 30 days, in
order to allow adequate time for the property owners to submit an application for a building permit for
the new principal dwelling unit and to obtain a demolition permit.
Karla Stevens, property owner, stated part of the delay has been due to waiting for two(2)weeks for
the asbestos inspection to be conducted and waiting another two (2) weeks for the laboratory to
process the results. Ms. Stevens stated there is a significant amount of asbestos in the trailer and
she and her husband are working on removing it, and after the asbestos has been removed from the
trailer, it must be retested to ensure the asbestos removal has been successful. She stated the
retesting must occur before the demolition permit will be issued, it cost approximately $640.00 to
have the asbestos inspection conducted, and she is unsure how much the retesting will cost. She
stated that she and her husband are unsure if they will build a home or purchase a modular home;
however,they can submit a basic application for a building permit and revise it when they are sure of
their plans if it is the only way to avoid legal action from the County Attorney.
In response to Chair Rademacher, Mr. Swanson stated he is unsure as to whether there is a fee
associated with retesting, or how much the retesting will cost, since the asbestos testing is
conducted by the State; not the County.
Chair Rademacher gave the opportunity for public testimony; however, none was given.
Hearing Certification, Zoning Violations 2010-0469
February 9, 2010 PL0824
Page 9
Commissioner Garcia moved to refer ZCV#0900299 against Karla Stevens to the County Attorney
for legal action,with the instruction to delay action upon such referral until April 9,2010. The motion
was seconded by Commissioner Kirkmeyer. Commissioner Conway inquired as to how 30 days will
allow the property owners adequate time to bring the property into compliance. He stated the
property owners are working on removing the asbestos with the State, they are unsure of how they
are going to proceed, and there are some cost issues. He stated he does not understand what will
be accomplished by referring the matter to the County Attorney with a 30 day delay of action, and
the property owners seem to be looking to the Board for some direction and options. In response to
Chair Rademacher, Ms. Salzman stated the main issue is the property owners residing in the
camper trailer on the property, and the situation has remained the same since the matter was
presented to the Board in January, 2010. Commissioner Conway inquired as to whether the
property owners have other options as to where they can reside. Ms. Stevens stated she and her
husband paid for the mobile home permit and they were supposed to apply for a building permit
within 30 days; however, they encountered obstacles and incurred additional expenses due to the
asbestos situation. She stated she cannot afford to pay her mortgage on this property and to pay
rent for another location, and if she must move out of the trailer, she will be forced to sell the
property.
Wendy Inloes, Department of Planning Services, stated the property owners are permitted to live in
the camper trailer, as of this morning, and one of the conditions of the zoning permit is that the
property owners must apply for a building permit for the principal residence within 90 days;
therefore, the property owners have 90 days remaining to apply for the building permit.
Commissioner Garcia amended his motion to refer ZCV#0900299 against Karla Stevens back to
the Department of Planning Services, since the property owner has 90 days remaining to apply for a
building permit. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
ZCV #0900158 - JYJY, LLC, C/O JAMES YOUNGER: Ms. 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, 23-3-20.B, 23-3-30, 23-3-30.C, and 23-3-30.F of the Weld County
Code. To bring the property into compliance, evidence that the Conditions of Approval have been
met for Recorded Exemption #4966 and SE #1154 must be submitted, and the plats must be
submitted for recording. Additionally, two (2) applications for Zoning Permits for Mobile Homes
(ZPMHs) must be submitted, in order to convert the uses from Accessories to the Farms to Principle
Dwelling Units. She recommended the matter be referred to the County Attorney's Office, with the
instruction to delay action for 30 days. In response to Commissioner Kirkmeyer, Ms. Salzman
confirmed the lots were split in order to allow the accessory dwelling units to become principle
dwelling units.
James Younger, property owner, stated he purchased the property in the year 1997, and there were
two (2) mobile homes on the property when he purchased it. He stated one of the mobile homes
was the principal dwelling unit and the other was the residence of Benjamin Bickler, the previous
owner's father, and one of the stipulations for purchasing the property was that Mr. Bickler be
allowed to continue living there. He stated the mobile home Mr. Bickler is residing within was likely
placed on the property prior to zoning and permitting requirements. He stated in the year 2001
another mobile home was placed on the farm for his children to utilize, through a special zoning
permit. Mr. Younger stated the arrangement with his children was they could reside in the mobile
home free of cost in exchange for working on the farm; however, they are no longer residing in the
mobile home. He stated in the year 2007 he and his wife divorced and until the divorce was
finalized, his wife resided in the principal dwelling unit and he resided in the mobile home that the
children had resided in, and after the divorce was finalized he did not want to move back into the
Hearing Certification, Zoning Violations 2010-0469
February 9, 2010 PL0824
Page 10
principal dwelling unit he had shared with his wife. He stated he was unable to insure the mobile
home without anyone residing in it; therefore, he rented it to a tenant. Mr. Younger stated that
Mr. Bickler is 81 years of age and he lives in a mobile home which was manufactured in the
year 1969. He stated the option of applying for a Zoning Permit for a Medical Hardship(ZPMH)was
discussed; however, Mr. Bickler is not a relative;therefore, Mr.Younger is not eligible to apply for a
ZPMH. He stated it was ultimately decided that a recorded exemption and a subdivision exemption
should be applied for, in order to bring the property into compliance. Mr. Younger stated he was
given 60 days to complete the processes; however, it took 90 days for the State to respond about
the two (2)wells on the property. He stated one(1)of the wells was installed in April, 1964,which is
a well to be utilized solely for livestock, and the other well was installed in October, 1964, and it is to
be utilized for domestic and livestock purposes. He stated the State indicated it would have to
reissue the well permits, and that the livestock and domestic well is considered to be utilized for
commercial purposes; however, the well in question is only utilized to provide water for his chickens
and ducks. Mr. Younger stated he has obtained a new permit for the well for both commercial and
domestic uses, and the State is ready to issue the permit for the other well. He stated a
representative from the State indicated he can utilize the wells as long as the wells are being utilized
for the purposes the wells have historically been utilized for,and the representative indicated she did
not know why the State required the well permits to be reissued, which he found to be extremely
frustrating. He stated the septic systems for the newer mobile homes were installed in the
years 1995 and 2000, and the septic system installed for Mr. Bickler's mobile home was installed in
the 1960s. Mr.Younger stated with Weld County Department of Public Health and Environment has
indicated he must pump Mr. Bickler's septic system tank, which he has completed once every
two (2) or three (3) years, and that he must apply for a permit for the septic system and provide a
drawing of the leech field. He stated he is unaware of where the leech field is for Mr. Bickler's septic
system and he indicated this to the employee he spoke to, and she indicated she understood the
situation; therefore, he did not anticipate a problem. He stated he applied for the permit for the
septic system and submitted a drawing of the tank; however, staff from the Department of Public
Health and Environment contacted him and indicated they must know where the leech field is, in
order to process the application; therefore, Mr.Younger must discover the location of the leech field.
Mr.Younger stated he does not want to penetrate the field with a back hoe and he does not want to
ask Mr. Bickler to leave the property. He stated staff suggested he utilize a camera to discover the
location of the leech field and he contacted a man who performs this type of work and the man
indicated a camera will not fit. Mr. Younger stated cities utilize cameras to inspect sewer lines;
however, the lines are much larger than the septic lines. He stated he will have to risk destroying
the field in an effort to locate the leech field, or the Department of Public Health and Environment will
not issue the permit. He stated that he inquired as to what will happen if when he locates the leech
field he finds it is too small, and the Department of Public Health and Environment indicated the
leech field will be grandfathered in if it is determined to be too small; therefore, he does not
understand the purpose of locating the leech field. Ms. Salzman stated she did discuss the option of
applying for a Use by Special Review; however, since the mobile homes are technically rented, staff
encouraged Mr. Younger to pursue the recorded exemption and the subdivision exemption.
Trevor Jiricek, Director, Department of Planning Services, and representative for the Department of
Public Health and Environment, stated Mr.Younger provides a persuasive argument; however,the
intent of the Department of Public Health and Environment is to determine whether there is an
adequate septic system and to protect the health and safety of Weld County's residents, and on
numerous occasions when older septic systems have been investigated, it has been discovered that
inadequate tanks or leech fields exist. Mr. Jiricek stated if a family of six (6) moved into the mobile
home, it will likely tax the septic system and there is the potential for a problem; therefore, the
Department of Public Health and Environment wants to ensure there is functional septic system in
place. Mr. Younger stated he does not own the mobile home Mr. Bickler resides in. Chair
Rademacher stated the mobile home is on Mr. Younger's property; therefore, it is his concern.
Hearing Certification, Zoning Violations 2010-0469
February 9, 2010 PL0824
Page 11
Commissioner Kirkmeyer stated the septic system would not be automatically grandfathered in,and
unlike the State employee Mr. Younger spoke of, the County staff will explain why certain items are
required. She indicated she is considering referring this matter to Mr. Jiricek to resolve, since he
oversees the Department of Planning Services and the Environmental Health portion of the
Department of Public Health and Environment. Mr. Younger stated he would feel better if the
Department of Public Health and Environment inspected the property in order to determine there is
not a problem with the septic system. Chair Rademacher stated the septic system may not be
backing up into the mobile home structure; however, it may be leeching into places it should not.
Mr. Younger stated this project has cost him a lot more than he intended and if he digs up the leech
field and ruins it, he will need to install another leech field, or attempt to repair it; therefore, if he digs
the field up, he will do it carefully and by hand. In response to Commissioner Conway, Mr. Younger
stated he has entered into a lifetime lease with Mr. Bickler. In response to Commissioner Conway,
Ms. Arries stated the lifetime lease is not relative to the septic system issues. Chair Rademacher
stated the mobile home cannot be moved from the property, since it was manufactured in the
year 1969.
Chair Rademacher gave the opportunity for public testimony; however, none was given.
Commissioner Kirkmeyer moved to refer ZCV#0900158 against JYJY, LLC, c/o James Younger,
back to the Department of Planning Services. The motion was seconded by Commissioner
Conway, and it carried unanimously.
This Certification was approved on the 15th day of March, 2010.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY COLORADO
ATTEST: e,
Doug as ademache Chair
Weld County Clerko the .�ar. 1 e
1861 ► aCC�Ck ice, ,!��' e''� arbara Kirkmeye , Pro-Tem
BY: C ' �. '�'r �'
. y Clerk to the Boar i ,fj cs\, �-
L_ Sean P. C
AP ED RM:
Will a F. Garcia
n y orney c
David E. Long V
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CD#2010-03
Hearing Certification, Zoning Violations 2010-0469
February 9, 2010 PL0824
Page 12
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