HomeMy WebLinkAbout20092382.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on September 8, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern -EXCUSED
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long - EXCUSED
Also present:
Acting Clerk to the Board, Sharon Kahl
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 #0900072 - WEINMAN: Ann Siron, Department of Planning Services, presented the case
report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20,
23-3-20.A, 23-3-30 and 23-3-40 of the Weld County Code. To bring the property into compliance,
the camper trailer must be unoccupied. Ms. Siron stated this case was continued from
June 16, 2009, to allow the property owners time to contact the Weld County Human Services
Department regarding programs to assist their daughter's family in housing and financial aid, with
the condition that the camper trailer's waste tanks were to be dumped every two (2) weeks. Ms.
Siron stated she spoke with Mr. Weinman by telephone on September 3, 2009, and he stated they
will be moving the camper trailer to a recreational vehicle park. Chair Garcia stated the allegations
and concerns by the property owners that the family was not receiving help or assistance through
the Department of Human Services regarding their situation has been resolved. Commissioner
Conway stated the report from Human Services was positive and concluded successfully and there
was a positive outcome. Staff is requesting a thirty day referral to complete the move of the
camper trailer to the recreational park. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Kirkmeyer moved to refer ZCV #0900072 against Leroy and Donna Weinman to the
County Attorney for legal action, with the instruction to delay action upon such referral until
October 8, 2009, to allow adequate time for the property owners to remove the camper trailer from
the site. The motion was seconded by Commissioner Conway, and it carried unanimously.
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VI #0500006 - DUDDEN: 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 Sections 29-7-10
and 29-8-40 of the Weld County Code. To bring the property into compliance, a permit application
and all applicable documentation must be submitted for the manufactured home's wing additions,
all fees paid, and all the inspections completed. Ms. Gregory stated this is the fifth building permit
that has expired. The original permit was issued in July, 2004, and there have been very few
inspections completed. Rick Dudden, property owner, stated that the main problem he is having
is financial; he is very close to completing this project. Responding to Commissioner Conway, Mr.
Dudden stated he could complete the work, have the inspections completed, and get the Certificate
of Occupancy within six (6) months. Responding to Commissioner Kirkmeyer, Mr. Dudden stated
he will get a new building permit today.
Commissioner Kirkmeyer moved to refer VI #0500006 against Rick and Teresa Dudden to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 8, 2010, with the stipulation that the property owner obtain a new permit today, there will be
no extensions allowed on the permit, and keeping the case open to allow for the County Attorney
to proceed with legal action if the project is not completed within the six (6) months period. The
motion was seconded by Commissioner Conway, and it carried unanimously.
BCV #0900024 - BELL: Ms. Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 29-3-10 and 29-8-40 of the Weld County Code.
To bring the property into compliance, a permit application and all applicable documentation must
be submitted for the pole barn, all fees paid, and all the inspections completed. Ms. Gregory stated
there have been three (3) permits issued, all of which have expired. The original permit was issued
in 2006. Ms. Gregory stated she received an express mail from the property owner on
September 1, 2009, with a money order for a new permit. Staff contacted Ms. Bell by telephone
and advised her that she will still need to appear at today's hearing. Edna Bell, property owner,
stated she is working on this project by herself, and she is having financial problems. She has not
been able to buy the materials needed to complete the barn. She has completed enough of the
barn to put the roof on; however, she still is needing the tin to put on first so the wind does not blow
the roof off. She has been waiting for some help due to the height of the structure, just incase she
would fall there would be help available. Ms. Bell stated she has a full time job and works on this
project when she can. Responding to Commissioner Conway, Ms. Bell stated six (6) months would
be the time needed to complete this project, and in that extension of time, she should be able to
afford the tin needed for the sides.
Commissioner Conway moved to refer BCV #0900024 against Edna Bell to the County Attorney
for legal action, with the instruction to delay action upon such referral until March 8, 2010, to allow
adequate time for the property owner to obtain a new permit today, complete all the work needed
to have all the inspections completed within the six (6) month period, or the case be referred to the
County Attorney for legal action. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
BCV #0900083 - BYERS: Ms. Gregory presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 29-3-10 and 29-8-40 of the Weld County Code.
To bring the property into compliance, a permit application must be submitted, all fees paid, and
all the inspections completed. Ms. Gregory stated there have been two (2) previous permits issued
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to the property owners ex-wife. Mr. Byers was deeded the property in July, 2008, and he was
issued a new permit in April, 2009, which has now expired. Ms. Gregory stated there has been no
progress on this site and no contact from the property owner since April, 2009. Carl Byers,
property owner, stated he has completed the work up to the final inspections for plumbing, and then
the final inspection. He has financial problems and availability of time to work on this. Responding
to Chair Garcia, Mr. Byers stated he will need six (6) months to complete this project and would like
to meet with an inspector and see how much of the work is needed to get the inspections going,
and what he could let go until a later date. Responding to Chair Garcia, Ms. Gregory stated Mr.
Byers should meet with a current inspector and discuss what is needed, and she will arrange for
the meeting. Staff will support this case being referred back to the Department of Planning
Services to help the property owner work through all the completion issues.
Commissioner Kirkmeyer moved to refer BCV #0900083 against Carl Byers back to the
Department of Planning Services with the stipulation that the property owner obtain a new building
permit immediately. The motion was seconded by Commissioner Conway, and it carried
unanimously.
BCV #0900088 - WINTER: Ms. Gregory presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 29-3-10 and 29-8-40 of the Weld County Code.
To bring the property into compliance, a permit application and all applicable documentation for the
structural steel building must be submitted, all fees paid, and all the inspections completed. Staff
is requesting this case be referred back to the Department of Planning Services due to the permit
being withdrawn.
Commissioner Conway moved to refer BCV #0900088 against Matt, Jodi, Allen and Joan Winter
back to the Department of Planning Services. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
BCV #0900089 - HAREN: Ms. Gregory presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 29-3-10 and 29-8-40 of the Weld County Code.
To bring the property into compliance, a permit application and all applicable documentation for the
addition and remodel of the existing dwelling must be submitted, all fees paid, and all the
inspections completed. Ms. Gregory stated the building permit issued on January 17, 2008, and
was granted a six (6) month extension on January 16, 2009. The last inspection was on June 11,
2009, and there were numerous corrections noted. Thomas Haren, property owner, stated he feels
this should not be a violation, they have responded to everything that was noted by staff, and they
also paid the fee for the extension. They have had several meetings with staff at all levels to try
and work this situation out. There have been extenuating circumstances surrounding this property.
The house is ready for final inspections, they have called for framing inspections many times, and
the inspectors came out for a rough inspection, which was for plumbing and electrical. After
meeting with the head of the Planning Department, they did get that problem worked out, and the
house has not progressed beyond any inspections that have been called for. Mr. Haren stated this
is a historical remodel on a 1920 home. There have been many issues stopping the work, such
as the Windsor tornado, and the contractor filing bankruptcy. Also, the contractor had a felony
warrant and was arrested, and lastly, the financial slowdown. This house is not being occupied,
so there are no safety issues. Responding to Chair Garcia, Ms. Gregory stated the property
owners could make a written request for withdrawal of the building permit, the inspector would then
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September 8, 2009
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verify all the inspections are done on the work that has been completed. They will need to agree
to obtain a new building permit in the future when they are ready to continue. Ms. Gregory stated
they have had no contact from Mr. Haren since the approval of the extension. Responding to
Commissioner Kirkmeyer, Ms. Gregory stated there may have been contact with other staff;
however, she was not included. Mr. Haren stated if the courts decide on full restitution, or if he
could get financed for the money he has already put into this project, they could finish the work
needed immediately. If he has to do the work himself, it may take up to five (5) years to complete.
Mr. Haren would like for the last expired permit to continue, as he is planning on completing this
project. After much discussion by the Board of Commissioners, they decided there were
extenuating circumstances, and the best solution would be to re -open the expired building permit
with a one-year review stipulation on it.
Commissioner Kirkmeyer moved to refer BCV #0900089 against Thomas and Cindy Haren back
to the Department of Planning Services with the stipulation that the expired building permit be
re -opened for a period of one (1) year to allow for the property owners to work with staff. The
motion was seconded by Commissioner Conway, and it carried unanimously.
ZCV #0900108 - GONZALES: Ms. Siron presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-30.M,
23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance, the
noncommercial junkyard must be restored, removed or screened from all adjacent properties and
public rights -of -way. Also, a Use by Special Review Permit application must be submitted, or the
number of commercial vehicles must be reduced to the one (1) allowed. Ms. Siron stated she
spoke with the property owners before today's hearing, and they did have a pre -application meeting
on June 11, 2009. They were given sixty (60) days to submit a Use by Special Review application
or bring the property into compliance. There has been some progress regarding the derelict
vehicles. Elvira Gonzales, property owner, stated some of the vehicles have been removed within
the last month, and the commercial vehicles have been reduced to two (2). The commercial
vehicles are being parked there by relatives, and are not on the site all of the time. Ms. Gonzales
stated they are needing an extension of time to either submit a Use by Special Review Permit
application, or remove the vehicles. Ms. Gonzales stated they doubt they will submit a permit
application due to all the expenses involved, and these are not vehicles belonging to her or her
husband. Julian Vasquez, property owner's brother, stated he has been helping Ms. Gonzales
clean-up the property. This is eighteen acres and the only neighbors are to the south. The trucks
on the road most of the time, unless it is the weekend or a holiday. They are requesting additional
time to discuss with family members the need to remove the vehicles from the site, and to work
with staff on ways to screen or enclose the vehicles and property. Responding to Commissioner
Conway, Ms. Siron stated this was a citizen complaint. Mr. Vasquez stated Ms. Siron told him this
was a staff generated complaint, and not from a neighbor, so now they understand that someone
was complaining about their property and that will be a factor in deciding whether to apply for a Use
by Special Review Permit.
Commissioner Conway moved to refer ZCV #0900108 against Jesus and Elvira Gonzales to the
County Attorney for legal action, with the instruction to delay action upon such referral until
November 8, 2009, to allow adequate time for the property owner to remove the commercial
vehicles, or submit a Use by Special Review Permit application, and to restore or remove the
noncommercial junkyard. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
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September 8, 2009
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ZCV #0900159 - SCHMIDT: Bethany Salzman, Department of Planning Services, presented the
case report for the record and pursuant to the case file, this property is in violation of
Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. To bring the property into
compliance, the noncommercial junkyard consisting of derelict vehicles must be restored, removed
or screened from all adjacent properties and public rights -of -way. Ms. Salzman stated there was
an on -site inspection on September 4, 2009, and there were approximately eighteen vehicles on
the property. The tenant stated several vehicles have been removed, and he is working on some
vehicles for friends. The tenant was informed that this was not an allowed use of the property, and
the vehicles that do not belong to him need to be removed. The remaining vehicles need to be
screened from adjacent properties and public rights -of -way. Ms. Salzman presented a letter from
the property owner, marked Exhibit A, which outlines the steps that will be taken to bring the
property into compliance. The property owner has advised the tenant that he will have sixty days
to install a fence, and to reduce the derelict vehicles to five (5). Also, Mr. Schmidt indicated this
property will be annexed into the Town of Mead. Rodney Schmidt, property owner, stated he has
not been monitoring the tenant, and the pictures that were taken were from the driveway. The road
is screened by trees and foliage on the southwest and north sides. Mr. Schmidt stated that when
he received the violation letter, he immediately informed his tenant to start cleaning up the site, and
to come into compliance within sixty days or he will be evicted. Also, in regard to what is decided
upon today's meeting, will be integrated into the lease with the tenant to avoid future violations.
Mr. Schmidt stated this property will be annexed into the Town of Mead, subject to the filing of the
documentation to Weld County, and his attorneys are working on the metro district and the
annexation agreements now. Responding to Chair Garcia, Mr. Schmidt doubted the annexation
would be complete within sixty days.
Commissioner Conway moved to refer ZCV #0900159 against Rodney Schmidt to the County
Attorney for legal action, with the instruction to delay action upon such referral until
November 8, 2009, to allow adequate time for the property owner and tenant to restore, remove
or screen the noncommercial junkyard from all adjacent properties and public rights -of -way,
otherwise, any derelict vehicle must be operational and have evidence of current registration. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
ZCV #0900160 - CLOUD DANCER TRUST, CIO ROBERT CONGER/GILL: 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 must be restored, removed or screened from all adjacent
properties and public rights -of -way, and all the household trash must be removed. Ms. Salzman
stated the property owner had a family emergency, and staff is requesting this case be continued
until October 13, 2009, to allow the property owners adequate time to be able to attended the
violation hearing. Neither the property owner nor a representative was present, and there was no
public testimony given. Commissioner Kirkmeyer commented that she did speak with Mr. Gill
regarding procedural issues, and he complemented Ms. Salzman regarding her helpfulness and
time put forth to get this matter cleared up, and Commissioner Kirkmeyer extended her thanks also.
Commissioner Conway moved to continue ZCV #0900160 against Cloud Dancer Trust, do Robert
Conger, and Steven and Robin Gill until October 13, 2009, to allow adequate time for the property
owner to be able to attend the violation hearing. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
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September 8, 2009
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This Certification was approved on the 14th day of September, 2009.
APPROVED:
ATTEST: // / AO / /� f 1'" 1�+A" BOARD OF COUNTY COMMISSIONERS
WEj.D C ; UN a' OLORADO
Weld County Clerk to th
BY
William F. Garcia, Chair
Deputy Clerk to the Bo EXCUSED
EXCUSED
CD #2009-09
Douglas Rademacher, Pro-Tem
Sean�
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C._• p
rbara Kirkmeyer
EXCUSED
David E. Long
Hearing Certification, Zoning Violations
September 8, 2009
Page 6
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