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Home My WebLink About20091316.tiffHEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION A public hearing was conducted on June 16, 2009, at 10:00 a.m., with the following present: Commissioner William F. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem 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 #0800282 - WATSON: 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, 23-3-30.K, 23-3-30.K.2, 23-3-30.K.3, 23-3-30.K.4, 23-3-30.K.5, 23-3-30.K.6, 23-3-30.K.7, 23-3-30.L, 23-3-40 and 23-3-40.AA of the Weld County Code. Ms. Salzman stated this case was continued from December 9, 2008, to allow adequate time for the Board of County Commissioners and the Department of Planning Services to look at a code change to allow a small number of cargo containers to be used as storage units. To bring the property into compliance, the number of cargo containers must be reduced to the one (1) allowed, and a Zoning Permit for an Accessory Structure must be submitted to allow the semi -trailer that has been converted to a storage unit, to remain on the site. Also, the semi -trailer must remain operable and have current registration and license plates. Ms. Salzman stated there is an amendment to the Weld County Code being considered by Planning staff regarding the number of cargo containers allowed on any given property; however, it was determined, within subdivisions, the Code does not change. The code now allows for one (1) cargo container with a building permit, or a Use by Special Review permit can be applied for. Also, the Weld County Code allows for one (1) semi -trailer, as long as it is currently licensed and in operating condition at all times. Kimbel Watson, property owner, and Tom Hellerich, representative, stated the cargo containers are being used for storage for farm equipment, lawn care equipment and trailers. All property and equipment needs to be secured due to the high volume of theft in this area. These storage units have been on this site for an extended period of time, and they feel the units should be grand -fathered in. Also, Mr. Watson has screened these containers from the view of the surrounding property owners, as shown in the pictures presented to the Board, marked Exhibit A. Mr. Hellerich pointed out that a compliant did not initiate 2009-1316 PL0824 this violation. These containers are out of sight and they are not a hazard or safety concern. They are used to secure his property from theft and vandals. Responding to Chair Garcia, Mr. Watson stated the containers have been on the property since 1997. Mr. Hellerich stated when the Watsons replaced their mobile home in 2005, everything on the site was inspected and approved. They were under the impression that everything was in compliance. Responding to Commissioner Kirkmeyer, Mr. Watson stated that when the property was inspected in 2005, the inspectors did walk through the containers and commented they were a good idea for storage. Commissioner Kirkmeyer pointed out that they may not have been part of the building permit at that time. Responding to Chair Garica, Stephanie Arries, County Attorney's Office, stated if the units do not pre -date 1982, they are not considered to be grand -fathered in. Ms. Salzman stated in 2004, there was a change to the code to allow property owners to have one (1) cargo container, and an allowance to apply for a Use by Special Review permit to allow for more than one. Prior to that, all cargo containers and semi -trailers would have been considered a violation. In 2004, the Code had an addition to allow for these containers; however, before that date there was not an exception. Mr. Watson stated the containers are not movable, the house is in the way, and he feels he can not remove them from this site. Ms. Salzman explained to Mr. Watson what is involved in applying for a Use by Special Review Permit, which would be another option. Commissioner Rademacher moved to refer ZCV #0800282 against Kimbel Watson to the County Attorney for legal action, with the instruction to delay action upon such referral until July 16, 2009, to allow adequate time for the property owner to submit a Use by Special Review application and a Zoning Permit for an Accessory Structure, or remove the additional cargo containers and semi -trailer from the site. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. BCV #0900036 - LOWREY: 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 29-3-10 and 29-8-40 of the Weld County Code. Ms. Gregory stated this case was continued from May 12, 2009, to allow adequate time for staff to contact the property owner. To bring the property into compliance, a permit must be submitted for the new single family dwelling, all fees paid, and all the inspections completed. Ms. Gregory stated the notice for this violation was posted on June 4, 2009, and also sent through certified and regular mail. The last inspection was September, 2007. On June 1, 2009, the electrical services were determined unsafe by the building inspector. The connection is above ground and unprotected, and United Power was contacted to pull the meter. There has been no contact from the property owner and staff is requesting this case be referred to the County Attorney for immediate action. Responding to Chair Garcia, Ms. Gregory stated no one is living at this site. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Conway moved to refer BCV #0900036 against Jeffrey Lowrey to the County Attorney for immediate legal action. The motion was seconded by Commissioner Rademacher, and it carried unanimously. BCV #0900054 - MURPHREE: 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 for the detached garage, all fees paid, and all the inspections completed. Michael Murphree, property owner, stated he has been out of town and apologized for not contacting staff regarding this issue. Hearing Certification, Zoning Violations June 16, 2009 2009-1316 Page 2 PL0824 Mr. Murphree stated he will complete all the work needed to get the inspections started, and will obtain a new building permit and pay all the required fees. Responding to Commissioner Kirkmeyer, Mr. Murphree agreed to obtain a new building permit today. Commissioner Rademacher moved to refer BCV #0900054 against Michael and Susan Murphree to the County Attorney for legal action, with the instruction to delay action upon such referral until July 16, 2009, to allow adequate time for the property owners to submit a new Building Permit. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0900038 - BARRON-SIXTOS: 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 and 23-3-40.R of the Weld County Code. To bring the property into compliance, a Use by Special Review Permit application must be submitted for the business and all associated storage and parking. Ms. Salzman stated the property owner did submit an application for a Use by Special Review permit this morning; however, it did not include a map or a well permit. Rosaleta Barron, property owner's daughter, stated the only remaining item to complete is the well permit. They needed the previous owner's names, which they now have. The map needs to be completed by a surveyor and he does not have that done yet. Ms. Barron stated thirty (30) days will be enough time to complete everything needed to get the Use by Special Review Permit application submitted. Commissioner Conway moved to refer ZCV #0900038 against Javier Barron-Sixtos to the County Attorney for legal action, with the instruction to delay action upon such referral until July 16, 2009, to allow adequate time for the property owner to complete the well permit and survey, and submit the Use by Special Review Permit application. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0900041 - WILLIAMS: 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.R and 23-3-40.V of the Weld County Code. To bring the property into compliance, a Use by Special Review application must be submitted for the business and storage of supplies and equipment. Brian Williams, property owner, stated he submitted a building permit to complete one of the inside structures, and at that time, was informed that a Use by Special Review Permit was required. Mr. Williams stated this is his busiest time of the year, and he has not had the time to submit this. Responding to Commissioner Rademacher, Mr. Williams stated he does not want to annex into the Town of Johnstown, and he spoke with them on this matter as well. He stated he has the application half way completed. He will be busy until September with the landscaping business, and will need as much time as the Board will allow to complete this. Commissioner Conway moved to refer ZCV #0900041 against Brian and Susan Williams to the County Attorney for legal action, with the instruction to delay action upon such referral until September 16, 2009, to allow adequate time for the property owners to submit a Use by Special Review Permit application. The motion was seconded by Commissioner Rademacher, and it carried unanimously. Hearing Certification, Zoning Violations June 16, 2009 Page 3 2009-1316 PL0824 ZCV #0900050 - COUCH: 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.L of the Weld County Code. To bring the property into compliance, a Zoning Permit for an Accessory Structure must be submitted, and the semi -trailer must be operational and have current registration and license plates. Ms. Salzman stated Ms. Couch is in the process of doing a title search for the semi -trailer and they have the wheels ready to place back on. Debbie Couch, property owner, stated they obtained a building permit to built a garage; however the lot is not the correct size for the zoning in that area. They had to hire an engineer and surveyor to get this problem solved. The items and equipment in the trailer will be placed into the garage when it is completed. They can not place the wheels back under the semi -trailer until it is emptied due to the weight from all the stored items. On September 1, 2009, they have a meeting for the zoning issues. Roy Storz, property owner's husband, stated they will bring the trailer into compliance by getting a licence and obtaining a Zoning Permit: however, they are needing more time to complete this entire project. Commissioner Rademacher moved to refer ZCV #0900050 against Debbie Couch to the County Attorney for legal action, with the instruction to delay action upon such referral until September 16, 2009, to allow adequate time for the property owner to complete the Zoning Permit for an Accessory Structure, build the garage, and to license and bring the semi -trailer into compliance. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0800384 - CISNEROS: 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.M, 23-3-40, 23-3-40.O and 23-3-40.R of the Weld County Code. To bring the property into compliance, a Use by Special Review Permit application must be submitted for the commercial vehicles over the one (1) allowed on the site, or they must be removed. Carlos Cisneros, property owner, stated he is requesting more time to complete the application, due to a slow down in business and finances are an issue. He will get the fees together as soon as he is able. Commissioner Conway moved to refer ZCV #0800384 against Carlos Cisneros to the County Attorney for legal action, with the instruction to delay action upon such referral until August 16, 2009, to allow adequate time for the property owner to submit a Use by Special Review Permit or remove the semi -trailer and trucks from the site. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0900007 - MCCRARY/LIVING TRUST: 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 and 23-3-40.V of the Weld County Code. To bring the property into compliance, a Use by Special Review application must be submitted for the commercial business. Craig McCrary, representative for the Craig and Susan McCrary Living Trust, stated this property belongs to the Trust; the business that was located there does not own the property. Mr. McCrary stated March through October is the busiest time of the year for them, as this is a landscape business. This is a family owned business and the company is struggling to survive. The expense of the Use by Special Review Permit, along with the improvements required by Weld County Health Department, are financially overwhelming. Therefore, the only other option was to move the business to a different location. Mr. McCrary did want clarification that if in the future a Use by Special Review Permit is wanted for this property, there would not be any problems or issues from this violation hearing and the decision made at this time. Chair Garcia assured him the application Hearing Certification, Zoning Violations June 16, 2009 Page 4 2009-1316 PL0824 process is there and will continue to exist. Mr. McCrary stated all the landscaping equipment has been removed, and the debris will be removed within two (2) weeks. Commissioner Rademacher commented that this property has been well maintained, thanked Mr. McCary for attending this hearing, and recommended this case be dismissed. Commissioner Radmacher moved to dismiss ZCV #0900007 against Craig and Susan McCrary. The motion was seconded by Commissioner Conway, and it carried unanimously. ZCV #0900025 - RUPPLE: 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 completely removed from the site. Corey and Lisa Rupple, property owners, stated they have a cattle operation so there is fencing material stored on the site, and the weeds have blown in this spring. They have cleaned up this property considerably. Mr. Rupple stated the pictures from staff are not all from his property. Their property ends on the right side of the fence, and the property to the left of the grain bins is not theirs. There was an old farm house there, and the neighbors allowed them to burn it down and remove some trees, which is the debris shown in the pictures. Responding to Commissioner Rademacher, the cattle are on rented pasture in Platteville and Briggsdale, and are not located on this site. Responding to Chair Garcia, Ms. Salzman stated staff recommends this case be dismissed and she will initiate a new violation on the adjacent property owner. Commissioner Kirkmeyer moved to dismiss ZCV #0900025 against Corey and Lisa Rupple. The motion was seconded by Commissioner Rademacher, and it carried unanimously. ZCV #0800409 - GOLDSBY: 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.F, 23-3-30.M, 23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance, a Use by Special Review application must be submitted for the storage of commercial vehicles on the site. Ms. Salzman stated in March, 2009, there was a fire that destroyed most of the equipment, all of the construction trailers, and the mobile home. Louis Goldsby, property owner, stated the business on the site belongs to his brother-in-law, and he is the one who lives on the property. They are waiting on the insurance settlement, and they hare not decided whether to continue the business and submit a Use by Special Review Permit application. He is requesting an additional ninety (90) days to allow for the insurance settlement so they know where they stand. Responding to Chair Garcia on the requested additional time, Ms. Salzman stated the business is still being conducted from this site, and there are still trucks going to and from the site. This operation needs to be permitted or removed due to County Road 22 being a heavy traffic road. Commissioner Rademacher moved to refer ZCV #0800409 against Louis Goldsby to the County Attorney for legal action, with the instruction to delay action upon such referral until September 16, 2009, to allow adequate time for the property owner to submit a Use by Special Review Permit, or to remove the business operation from the site. The motion was seconded by Commissioner Conway, and it carried unanimously. Hearing Certification, Zoning Violations June 16, 2009 Page 5 2009-1316 PL0824 ZCV #0900039 - GREGORY: 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, 23-3-40, 23-3-40.O and 23-3-40.R of the Weld County Code. To bring the property into compliance, a Use by Special Review application must be submitted for the commercial business and storage. Ms. Salzman stated there has been no contact from the property owners since March 6, 2009, at a Pre -application meeting, and staff does not know if the Use by Special Review Permit is still an option that the property owners are considering. Also, there is a noncommercial junkyard located on the property, which will be addressed in the Use by Special Review Permit. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Conway moved to refer ZCV #0900039 against Steven and Donna Gregory to the County Attorney for legal action, with the instruction to delay action upon such referral until July 16, 2009, to allow adequate time for the property owners to submit a Use by Special Review Permit application or remove the business from the site. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0701072 - FERGUSON: 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 and 23-3-40.R of the Weld County Code. To bring the property into compliance, a complete annexation application must be submitted to the Town of Johnstown, or the business must be removed from the site. Ms. Salzman stated this case is from a 2007 violation. Mr. Ferguson had indicated that he was going to annex into the Town of Johnstown, and John Franklin, Town of Johnstown, stated the annexation had not proceeded due to the Fergusons not completing the paper work needed. Mr. Ferguson contacted staff before this meeting, and stated the annexation application should be completed within a couple of weeks, since they have now received everything needed from the Town of Johnstown. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Rademacher moved to refer ZCV #0701072 against Kirk and Bobbie Ferguson to the County Attorney for legal action, with the instruction to delay action upon such referral until July 16, 2009, to allow adequate time for the property owner to submit the annexation application to the Town of Johnstown, or remove the business from the site. The motion was seconded by Commissioner Conway, and it carried unanimously. 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 at all times, and all extensions for permits must be requested through a violation hearing to the Board of County Commissioners. Leroy and Donna Weinman, property owners, stated this is a hardship case. Their daughter and her family live in the main dwelling, and they are living in the camper trailer. They have tried to get help from the Department of Social Services, but were refused. Their son-in-law was in construction and has been out of work. He is now working for Sears on commission; however, there is no money coming in for them. Mr. and Ms. Weinman are having to take care of them financially and they are on a fixed income so it is impossible for them to move to a Recreational Vehicle park due to the cost involved. They really have no place to live, and no other options at this point. Chair Garcia voiced Hearing Certification, Zoning Violations June 16, 2009 Page 6 2009-1316 PL0824 his concerns with Human Services, and had Commissioner Conway get a contact number to discuss all these issues and offer advice and direction in some of the programs offered through this agency. Mr. Weinman stated the tanks are emptied on a regular basis at Agland. Responding to Commissioner Rademacher, Ms. Weinman stated the house is a small mobile home, sixteen feet wide, and her daughter has three children, so they cannot all live together in the small mobile home. Ms. Siron stated there are no building permits on camper trailers, so there is not a way of assuring public safety, and that would be a concern. Chair Garcia discussed continuing the matter, with the conditions of dumping the waste tanks every two (2) weeks, and with the backup from Human Services regarding the applications for housing and other services offered. Mr. and Ms. Weinman agreed to these terms, and Ms. Weinman stated this fall the park rates drop, so they may be able to move the camper trailer to one of the parks when the fees are affordable. Commissioner Conway moved to continue ZCV#0900072 against Leroy and Donna Weinman until September 16, 2009, with the condition that the camper trailer waste tanks be dumped every two (2) weeks, and contact Human Services to address programs available to assist in housing and financial assistance. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. (Clerk's note: Chair Garcia called a brief recess.) ZCV #0900009 - HOLCOMB: 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 must be restored, removed or screened from all adjacent properties and public rights -of -way. Ms. Siron stated there has been substantial progress and staff would support a delay of action for sixty (60) days to complete this project. William and Barbara Holcomb, property owners, stated they are moving from this property and they should be gone in two (2) weeks. Commissioner Conway moved to refer ZCV #0900009 against William Holcomb to the County Attorney for legal action, with the instruction to delay action upon such referral until August 16, 2009, to allow adequate time for the property owners to move from the site. The motion was seconded by Commissioner Rademacher, and it carried unanimously. ZCV #0900102 - JBL PROPERTIES, LLC: 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.M of the Weld County Code. To bring the property into compliance, the commercial vehicle must be removed from the site, or copies of the registration on all the haulers and trailers must be provided to show that all the vehicles are used for recreational purposes only. Ms. Siron stated the commercial vehicles have been reduced to one (1), which is a Use by Right in this Zoning district, and staff is requesting this case be referred back to the Department of Planning Services to monitor the vehicles, and assure no more than one (1) commercial vehicle is on the site at any time. Larry Shepard, property owner, and Robert Herrera, representative for JBL Properties, LLC, were present. Mr. Herrera stated the primary problem with this case, is a neighborhood dispute. The property owners have owned this farm for a number of years. There has been development to the east and the homeowners in that area would like to have a western view; however, the Shepard's farm is in that direction. They do own several businesses that require use of large vehicles, which are in compliance at this time. They do have friends in the same line of business Hearing Certification, Zoning Violations June 16, 2009 Page 7 2009-1316 PL0824 that visit, and they also have large vehicles that are parked on the property while visiting. Responding to Chair Garcia, Mr. Herrera stated there is not a business being conducted from this property; however, there may be meetings. The vehicles are for recreational use. These vehicles are not used to distribute or sell this energy drink. Mr. Herrera stated the property owners have moved the vehicles to a different location on the property; however, due to rodents and insects they have had to move them closer to the house for protection. These are very expensive vehicles, and if parked next to the fields, they are not protected. Mr. Shepard stated he had a landscaping business for twenty-nine years, and that is being sold, so the one (1) commercial vehicle is all that is on the site at this time. Ms. Siron stated that a Use by Special Review Permit could be submitted, although it may or may not be approved. Responding to Commissioner Conway, Mr. Shepard stated talking to the neighbors has not solved any of the problems, and the Sheriff's Office was called in. They had tried to plant a row of hedges approximately four (4) foot high on the east side of the property that would have served as a buffer for the dust and noise. The neighbors refused that, and they had to move the hedge to the other side of the road. They did plant approximately 750 of the trees/hedges, due to the materials already having been purchased. Joanne Lovins, neighbor, stated she was a spokesperson for some of the other neighbors in the area, and stated they have tried to work with the Shepards on a number of occasions through the Home Owners Association and individually. The most recent time, the senior Mr. Shepard told them to contact the Sheriff's Office, so that is what they did. Approximately 45 to 60 days ago, they noticed a vehicle parked along the easement, and the hedges were being planted on what they thought was the easement for Severance, which would be on their property. Ms. Lovins presented pictures, marked Exhibit A, showing the size of the vehicles parked along the road. She stated the issue does not have anything to do with the dust or the noise, more about the trailer and what is on it. She feels the trailer is a sign or a billboard advertizing a product. The pictures and symbols on it are offensive and she feels it is obscene. Their question today is whether a commercial vehicle is allowed on the property as they are promoting a product. There was a cargo van on site this past weekend and there was product being removed from a storage facility and being put into the van. They don't feel these are recreational vehicles, they are being used for a commercial use, and are they be required to obtain a Use by Special Review Permit. Dudley Brown, surround property owner, stated this is about land use and telling someone what they can and cannot do with their property. There is an easement behind the house, and the markers are down the middle of the road; however, the vehicles are parked on the easement that the Home Owners Association owns. He feels there has been no reasonable discussion about this problem, and that is what has lead to all this. Looking at the picture of the vehicle does not do justice on how overwhelming the vehicles are, especially if they are parked behind one's house. They are clearly selling the product out of the vehicles, so they are commercial vehicles. Mike Lovins, surrounding property owner, presented two (2) pictures, marked Exhibit B, and stated two (2) weeks prior, they tried to talk to Mr. Shepard regarding the easement. He was digging holes on what he thought was his property. Mr. Shepard felt it was on the Shepard's easement, and that is when Mr. Shepard told Mr. Lovins to call the Sheriff's Office. Mr. Shepard refused to talk to them after the Sheriff's Deputy arrived. Mr. Lovins feels there is some retribution going on, because whomever has a conversation with Mr. Shepard, gets a vehicle parked right on their fence line. Currently there is a recreational vehicle that is not licensed parked right behind Mr. Lovins house. Mr. Shepard responded to Mr. Lovins statements regarding vehicles being parked on the Severance easement, and stated the vehicles are parked on the Shepard's property now; however, there was a question on where the easement was at. Mr. Shepard stated the thirty-five (35) foot enclosed stacker trailer is used for hauling cars, motorcycles, and anything that they would be going to an event with. They do sell product out of the cargo trailer when they attend these events. Hearing Certification, Zoning Violations June 16, 2009 Page 8 2009-1316 PL0824 A friend borrowed a fifth -wheel and when it was returned it was parked on the easement that was owned by the Shepards, and not intentionally parked behind anyone's house. Responding to Commissioner Conway, Mr. Shepard stated the product is never sold from this site. The pictures were from a car show and pulled from the website. Commissioner Kirkmeyer stated there is a violation here, and it is not with the registration showing that they are recreational or commercial vehicles, it's that are they a use as an accessory to a use by right in an agricultural zone. The vehicles are used to haul agricultural goods, equipment or livestock. The commercial vehicles on this property are not being used for this. The uses by right in an agricultural zone are, as listed in the Weld County Code, under Sections 23-3-20 and 23-3-30, and this is not associated with agricultural products. A Use by Special Review Permit must be submitted or the vehicles must be removed from the site. Responding to Chair Garcia, Ms. Arries stated Planning Staff has treated the code that addresses the commercial vehicles as one (2) commercial vehicle is allowed on a property, whether it is for agricultural use or not. Ms. Siron stated the code was to allow the property owner to have the option to park one commercial vehicle on a property, such as an over -the -road trucker who has one semi -trailer that would need to be parked overnight. Staff cannot limit what is on the truck, such as a Snap -on Tools, or Pepsi truck, the code was in place to make small exceptions. Large trucks over five in count, on large properties that can accommodate them, is where they ask that they be agricultural related, because there should not be five Pepsi trucks sitting on a eighty -acre parcel. That is not the intent of the Code. Chair Garcia thanked Ms. Siron for that description and did state that a number of the farming families do have a second income to bring in the cash flow. Mr. Herrera wanted to remind the Board of Commissioners that this is a First Amendment issue. After much discussion, the Board decided a Use by Special Review Permit could be an option, or remove the commercial vehicle or park in a different location on the property so as not to disturb the surrounding neighbors. Ms. Siron stated the property is in compliance at this point with the Department of Planning Services, unless the Board of Commissioners determines that this case does not meet the Use by Right for a Commercial Vehicle; then it could be referred to the County Attorney's Office or back to the Department of Planning Services to monitor for future activity. Commissioner Rademacher moved to refer ZCV #0900102 against JBL Properties, LLC, to the County Attorney for legal action, with the instruction to delay action upon such referral until July 16, 2009, to allow adequate time for the property owner to submit a Use by Special Review Permit, or remove or relocate the commercial vehicle. The motion was seconded by Commissioner Conway, and it carried unanimously. ZCV #0900118 - SANTILLAN: 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, 23-3-40, 23-3-40.B, 23-3-40.6.10, 23-3-50 and 23-3-50.D of the Weld County Code. To bring the property into compliance, the number of animal units must be reduced to the one (1) allowed. A letter must be submitted to the Department of Planning Services informing when the horses have been removed. Ms. Siron stated an inspection will be scheduled to confirm the number of horses on this site; therefore, staff is requesting this case be referred to the County Attorney's Office for immediate legal action. There have been three violations for the same issue within the past year, and Ms. Siron is requesting this case remain open for one year to insure compliance. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Conway moved to refer ZCV #0900118 against Raudel and Estela Santillan to the County Attorney for immediate legal action and to have this case remain open for one (1) year to insure compliance. The motion was seconded by Commissioner Rademacher, and it carried unanimously. Hearing Certification, Zoning Violations June 16, 2009 Page 9 2009-1316 PL0824 ZCV #0900064 - GIBSON: 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 must be restored, removed or screened from all adjacent properties and public rights -of -way. Staff is requesting this case be referred back to the Department of Planning Services. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Rademacher moved to refer ZCV #0900064 against Derek and Michelle Gibson to back to the Department of Planning Services. The motion was seconded by Commissioner Conway, and it carried unanimously. This Certification was approved on the 22nd day of June, 2009. APPROVED: ATTEST: Weld County Clerk to the Board BY Deputy ' erk to the Board CD #2009-06 VI ARD OF COUNTY COMMISSIONERS COU LORADO Radem- her, Pro -Tern Sean P. Conway arbara Kirkmeyer EXCUSED David E. 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