HomeMy WebLinkAbout20093135.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on December 8, 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
Also present:
Acting Clerk to the Board, Elizabeth Strong
Assistant 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 #0900265 - VEGA (CON'T FROM 11/10/09): 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 23-3-10, 23-3-20, 23-3-30, 23-3-40, 23-3-40.B, 23-3-40.6.10, 23-3-40.6.17, 23-3-40.6.18,
and 23-3-40.O of the Weld County Code. To bring the property into compliance, an application for a
Use by Special Review (USR) permit for the operation of a commercial rodeo/roping area must be
submitted.
Commissioner Rademacher moved to refer ZCV #0900265 against Abelardo and Nancy Vega back
to the Department of Planning Services, since the applicants have submitted an application for a
USR permit. The motion was seconded by Commissioner Conway, and it carried unanimously.
BCV #0900050 - DEJOHN: 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. To bring the property into compliance, a permit application
shall be submitted for the move -in house, all the fees must be paid, the permit must be issued, and
all the inspections must be completed. Ms. Gregory recommended the case be immediately
referred to the County Attorney. In response to Chair Garcia, Ms. Gregory stated the property owner
indicated he is not willing to invest any more money into the property; therefore, if he agrees, in
writing, not to work on the house, the matter will be resolved. In response to Commissioner
Conway, Ms. Gregory stated she did not discuss the options available to the property owner in the
phone conversation she had with him yesterday because she thought he was going to attend the
hearing today.
Hearing Certification, Zoning Violations
December 8, 2009
Page 1
2009-3135
PL0824
Commissioner Rademacher inquired as to what the flood plain issues are with the property and how
long it would take to resolve the issues.
Clay Kimmi, Department of Public Works, stated there are several outstanding flood plain issues
with the property, and the main one is the property owner has not provided staff with the elevation
certificate, in order for staff to be able to verify whether the lowest level of the house has been built
one (1) foot above the base flood elevation. In response to Commissioner Rademacher, Mr. Kimmi
confirmed a surveyor would be able to verify whether the house is built one (1) foot above the base
flood elevation; however, based on the photographs he has reviewed, he does not believe it has
been. Mr. Kimmi stated the doors and utilities must be one (1) foot above the base flood elevation,
and the propane tank must be anchored, in order for the property to be in compliance with the Weld
County Code and Federal Emergency Management Agency (FEMA) regulations.
Gary DeJohn, property owner, stated there were originally 13 houses subdivided on the site and
each house was located on a one (1) to two (2) acre parcel. Mr. DeJohn stated this house has been
moved twice since it was built; the second time he needed to move the house due to it being located
under wind energy power lines. He stated he has obtained the elevation certificate. He stated his
construction loan was from New Frontier Bank and it was closed, his loan was purchased by Summit
Asset Management Group, which is a creditor, as opposed to a bank. Mr. DeJohn stated there is no
funding available for construction projects in the current economy, and since Summit Asset
Management Group purchased the note for the house, it is demanding the title for the house. He
stated his construction loan was in the amount of $168,000.00; however, Summit Asset
Management Group purchased the note for less than $40,000.00, and there are only a few
remaining items necessary in order to complete the project. He stated he is going to convey the
deed to Summit Asset Management Group; therefore, the County will need to work to resolve the
matter with the new owner. Mr. DeJohn stated the Federal Deposit Insurance Corporation (FDIC)
bundled the loans into packages worth approximately $50,000,000.00 to $100,000,000.00 and sold
the packages on the open market to banks, private individuals, and financial management groups.
He stated financial management groups do not renew loans, since the groups are not banks, and he
approached three lenders in an effort to secure new financing and two of the three lenders indicated
the establishments were not accepting any of the customers from New Frontier Bank. Chair Garcia
stated the new owner will have to address the situation. In response to Commissioner Long,
Mr. DeJohn stated he intends to provide the deed to Summit Asset Management Group within
30 days. In response to Commissioner Kirkmeyer, Mr. DeJohn stated all the permit fees have been
paid and the necessary inspections have been completed as the project progressed. In response to
Commissioner Conway, Stephanie Arries, Assistant County Attorney, stated in order to complete the
necessary work, the new property owner will need to obtain a building permit, and if Mr. DeJohn
writes a letter indicating he will not continue to work on the property, the matter will be resolved.
Mr. DeJohn indicated he is willing to submit a letter indicating he will not continue to work on the
property.
Chair Garcia stated he is sorry about the situation Mr. DeJohn is in with the property. Mr. DeJohn
stated many people are in the same situation and it is an unusual economic time.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Rademacher moved to refer BCV #0900050 against Gary DeJohn to the County
Attorney for legal action, with the instruction to delay action upon such referral until January 8, 2010,
in order to allow adequate time for Mr. DeJohn to submit a letter indicating he will cease to make any
improvements to the property. The motion was seconded by Commissioner Conway, and it carried
Hearing Certification, Zoning Violations
December 8, 2009
Page 2
2009-3135
PL0824
unanimously.
ZCV #0900247 - CHECKETTS: 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, 23-3-50, and 23-3-
50.D of the Weld County Code. To bring the property into compliance, documentation shall be
provided verifying the number of animal units on the property is fewer than four (4), or if it is
determined there are more than four (4) animal units on the property, an application for a Use by
Special Review (USR) permit must be submitted or the number of animal units on the property must
be reduced to four (4). Ms. Siron stated a pre -application meeting was conducted on December 3,
2009, and the property owners have decided to apply for a USR permit for a dairy farm in the A
(Agriculture) Zone District; therefore, she recommends referring the matter to the County Attorney,
with the instruction to delay action for 60 days, in order to allow adequate time for the property
owners to submit the application for a USR permit.
Tim Naylor, AGPROfessionals, and Roswell and Kerry Checketts, property owners, indicated 60
days will be adequate time to submit the application for a USR permit.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Conway moved to refer ZCV #0900247 against Roswell and Kerry Checketts to the
County Attorney for legal action, with the instruction to delay action upon such referral until
February 8, 2010, in order to allow adequate time for the property owners to submit an application
for a USR permit. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
ZCV #0900297 - MONTEZ: Ms. Siron presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 23-3-20, 23-3-30, and 23-3-30.1 of the Weld County
Code. To bring the property into compliance, the noncommercial junkyard consisting of derelict
vehicles, trash, paper, flammables, wood, scrap iron, buckets, automobile parts, and other
miscellaneous debris must be removed, restored, or completely screened from all adjacent
properties and public rights -of -way. She requested the case be continued for 30 days, to
January 12, 2010, in order to determine ownership of the property.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Conway moved to continue ZCV #0900297 against Manuel Montez to January 12,
2010, in order to allow adequate time for staff to determine ownership of the property. The motion
was seconded by Commissioner Rademacher, and it carried unanimously.
ZCV #0900273 - JACKSON/COUNTRYWIDE HOME LOANS/REMAX ALLIANCE/DAVIS: 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
appliances, household trash, and miscellaneous debris must be removed. Ms. Salzman stated the
reason there are numerous property owners listed is because the property is in foreclosure, and she
recommended the case be referred to the County Attorney, with the instruction to delay action for 30
days. She stated Kent Davis, Remax Alliance, indicated the property has been purchased in a short
sale and the financing will be secure by January 4, 2010. She stated a neighbor indicated the trash
on the property is not only from the house; the public has begun to dump trash on the property.
Commissioner Conway stated he is concerned about providing only 30 days to bring the property
into compliance because the new property owner will not have access to the property until the
Hearing Certification, Zoning Violations
December 8, 2009
Page 3
2009-3135
PL0824
closing occurs on January 4, 2010, which will only leave four days for the property owner to bring the
property into compliance; therefore, more time needs to be granted, in order to be fair. In response
to Chair Garcia, Ms. Salzman stated Mr. Davis indicated one week should be sufficient for the new
property owner to clean the property; however, he did not provide the name of the new property
owner. Further responding to Chair Garcia, Ms. Salzman stated staff can determine the new
property owner from the recorded deed. Commissioner Kirkmeyer inquired as to why there will not
be any clean up on the property this month by the current property owners. Commissioner
Rademacher stated the property is in foreclosure and property owners will not clean it up.
Commissioner Kirkmeyer stated the realtor should hire someone to clean up the property.
Commissioner Conway stated the realtor cannot be held responsible; only the property owners can
be held responsible. In response to Commissioner Kirkmeyer, Commissioner Conway stated the
property is currently owned by the bank. Commissioner Kirkmeyer stated the bank must pay water
and sewage bills, and perhaps it should also be responsible for cleaning up its properties.
Commissioner Conway concurred with Commissioner Kirkmeyer that the bank should be
responsible for cleaning up its properties. He stated there will be a new property owner with a
vested interest in cleaning up the property; therefore, the problem will be resolved; however, it is not
fair to allow the new owner only four days to clean up the property.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Rademacher moved to refer ZCV #0900273 against Fred Jackson, Countrywide
Home Loans, Remax Alliance, and Kent Davis to the County Attorney for legal action, with the
instruction to delay action upon such referral until February 8, 2010, to allow adequate time for the
new property owner to remove the noncommercial junkyard. The motion was seconded by
Commissioner Conway, and it carried unanimously.
ZCV #0900294 — O'NEIL: 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, and 23-3-30.F of
the Weld County Code. To bring the property into compliance, the second mobile home must be
removed, which is currently being leased to a tenant. She stated the property owner intends to sell
the mobile home; however, he also intends to bring another mobile home onto the property for a
medical hardship. She stated there is also a recreational vehicle on the property which she is
concerned may be being used as living quarters, and there are approximately six (6) horses which
must be removed from the property, in order to bring it into compliance. Commissioner Long
inquired as to whether the mobile home which is leased is the one allowed due to a medical
hardship. Ms. Salzman stated the mobile home which is leased has a Zoning Permit for a Mobile
Home (ZPMH), due to a medical hardship, and the complainant claims the mobile home has never
been utilized for a medical hardship; however, staff has received the documentation it requires to
verify the medical hardship. She stated the daughter used to reside in the mobile home; however,
she has purchased a property and moved, and a tenant has moved into the mobile home; therefore,
the ZPMH is no longer applicable. In response to Chair Garcia, Ms. Salzman stated the medical
hardship permit is for the care of the property owner residing in the primary dwelling and the
caregiver resided in the mobile home.
Thomas O'Neil, property owner, indicated he is present
Colleen O'Neil, daughter of Thomas O'Neil, stated there she would like to clarify some
misinformation. Ms. O'Neil stated she resided in the mobile home, in order to care for her father,
who has emphysema, and her arthritic mother. She stated her parents own a five acre parcel and
she, her brother, and her former sister-in-law purchased the adjoining acreage. She stated there
were originally 45 acres associated between the two parcels; however, she, her brother, and her
Hearing Certification, Zoning Violations
December 8, 2009
Page 4
2009-3135
PL0824
former sister-in-law found it necessary to subdivide and sell the property adjacent to her parents'
property approximately one year ago. Ms. O'Neil stated after selling the property, she purchased a
house located elsewhere, and a neighbor made an offer to purchase the trailer; however, he cannot
move it until next year due to financial constraints; therefore, her parents allowed an individual to
move in to the mobile home, in order to assist her father with the ranch, with the stipulation that the
mobile home must be moved by next year. She stated the individual who is residing in the mobile
home does not pay rent; rent is being paid by the neighbor who is purchasing the mobile home. She
stated the individual who is residing in the mobile home assists her father with the cattle and the
horses, and he shovels the snow from the driveway. In response to Chair Garcia, Ms. O'Neil
confirmed the person who is purchasing the mobile home is Juan Sanchez, and he is not the
individual who is residing there. Commissioner Rademacher inquired as to whether a letter can be
provided to explain the mobile home is being used as a farm accessory, in order to bring the
property into compliance. Ms. Salzman stated she will defer to Wendy Inloes, Department of
Planning Services, to answer Commissioner Rademacher's question. Commissioner Kirkmeyer
stated there also still appears to be a medical hardship. Commissioner Rademacher concurred and
stated the mobile home should be allowed for either purpose.
Ms. Inloes stated staff is willing to allow the mobile home to remain on the property until August,
2010, when the neighbor is able to remove it from the property. She stated staff did not previously
have all of the information; it only knew the mobile home was being leased, which does not meet the
intent of a medical hardship ZPMH.
Commissioner Rademacher inquired as to whether the mobile home is eligible to be moved, based
on its age. Ms. O'Neil stated the mobile home was manufactured in the year 2001.
In response to Chair Garcia, Mr. O'Neil stated the recreational vehicle on the property does not have
anyone residing in it, it is not connected to electricity, and it is utilized solely for travel.
Commissioner Kirkmeyer stated there is already a ZPMH in place; the property owners simply need
to reaffirm the medical hardship still exists in a letter.
Trudy Weiss, complainant, stated the permit was fraudulently applied for by Mr. O'Neil since he was
able to farm the property, move the hay, and operate the lawn mower; and his daughter simply
needed a place to live. Ms. Weiss stated Mr. O'Neil is capable of caring for the property and
livestock. She stated she knows the person who was residing in the mobile home before it was
rented, and she knows the mobile home is being rented to the tenant because she had a
conversation with the tenant. She stated Robert O'Neil, son of Thomas O'Neil, resides in another
mobile home on the property and is capable of caring for his parents; therefore, another party is not
needed on the property, and the tenant is there under false premises.
In response to Chair Garcia, Ms. Inloes stated due to the Health Insurance Portability and
Accountability Act (HIPAA) regulations, there is not a lot of information necessary in order to
establish a medical hardship, other than a letter from a doctor. Ms. Inloes stated permits for medical
hardships are the most difficult type of permit to process, since there is not a full history provided.
She stated the medical hardship permit was originally intended to be issued for people who require
full time medical care; however, the guidelines have become more lax since HIPAA went into effect.
In response to Commissioner Conway, Ms. Inloes confirmed staff has been provided a letter from
Mr. O'Neil's doctor; however, due to the lease agreement, she would also like a letter explaining the
situation to be submitted, since she is still unclear about who is caring for Mr. O'Neil. Commissioner
Kirkmeyer stated medical hardships are not complicated; however, the medical hardships are
difficult to confirm; therefore, staff must rely on a medical doctor to verify a medical hardship, and if a
Hearing Certification, Zoning Violations
December 8, 2009
Page 5
2009-3135
PL0824
doctor provides a letter indicating a person in the primary dwelling requires care, the matter is
resolved. Ms. Inloes concurred with Commissioner Kirkmeyer. She stated the situation which
needs verification in this case is whether the person living in the mobile home is providing the care
for Mr. O'Neil, and if the person living in the mobile home is not caring for Mr. O'Neil, there is no
justification for a ZPMH for a medical hardship. Commissioner Kirkmeyer stated a letter from
Mr. O'Neil will be able to clarify who is providing his care. Ms. Inloes stated until this last year it was
understood Mr. O'Neil's daughter was caring for him; however, a letter needs to be provided which
explains who is presently caring for Mr. O'Neil. Commissioner Conway inquired as to whether the
mobile home may qualify as an accessory to the farm, and whether staff has been able to verify
whether rent is being paid to Mr. O'Neil or Mr. Sanchez. Ms. Inloes stated she has been provided
with a copy of the lease agreement between Mr. Sanchez and Ms. O'Neil; however, she does not
have additional information regarding the situation, and she has never received a letter indicating
the individual residing in the mobile home will assist with working on the farm. In response to
Commissioner Conway, Ms. Inloes confirmed that if the mobile home was determined not to be
eligible for a medical hardship permit, the mobile home will qualify as a farm accessory, and she
simply needs a letter indicating which farm duties the tenant is completing. Commissioner
Rademacher stated he is in favor of dismissing the matter. Commissioner Kirkmeyer stated the
Board must follow the Code, a doctor has confirmed there is a medical hardship, and a doctor's
letter has historically been deemed to be sufficient information to determine a medical hardship
exists. She stated the property owners are required to confirm the existence of the medical hardship
on an annual basis. Commissioner Long stated the Board can only consider the current situation
and cannot speculate about the allegations of past improprieties.
Commissioner Rademacher moved to dismiss ZCV #0900294 against Thomas and Sharon O'Neil
because it has been determined a medical hardship exists. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
ZCV #0900283 - ARANDA/MAESTAS: 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, 23-3-40, and 23-3-40.H of the Weld County Code. To bring the property
into compliance, an application for a Use by Special Review (USR) permit for the operation of a
kennel must be submitted, or the number of dogs on the property shall be reduced to four (4). She
stated the applicants have submitted the 7 Day Completeness Review packet; however, the
comments still need to be submitted and there are some corrections necessary before the
application for the USR permit is complete; therefore, she recommends the matter be referred to the
County Attorney's Office, with the instruction to delay action for 30 days, in order to ensure the
necessary corrections have been made, the certificates of conveyance have been submitted, and
the application fee has been submitted.
Susan Maestas, property owner, stated 30 days should be an adequate amount of time to complete
the application; however, she has not had an opportunity to review the comments from staff in order
to see the changes staff is requesting.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Conway moved to refer ZCV #0900283 against Sharon Aranda and Susan Maestas
to the County Attorney for legal action, with the instruction to delay action upon such referral until
January 8, 2010, in order to allow adequate time for the application to be completed. The motion
was seconded by Commissioner Rademacher, and it carried unanimously.
ZCV #0900249 - CRALL: Ms. Salzman presented the case report for the record and pursuant to
Hearing Certification, Zoning Violations 2009-3135
December 8, 2009 PL0824
Page 6
the case file, this property is in violation of Sections 23-2-150, 23-2-150.C, and 23-2-150.L of the
Weld County Code. To bring the property into compliance, it needs to be brought back into
compliance with Site Plan Review #303, or an amended Site Plan Review shall be submitted. She
stated the reason the site is out of compliance is due to crushed rock being stored at the site, which
is not allowed in the existing Site Plan Review. She stated there is a sign on the property indicating
it is for sale; however, there continues to be a significant amount of traffic coming and going from
the site; therefore, it appears to remain in operation. Ms. Salzman stated she requested a
pre -application meeting in October, 2009; however, it did not occur, and staff sent a letter indicating
the rocks must be removed, or an amended Site Plan Review must be completed. She stated the
property owner indicated to staff during a telephone conversation, the matter will be resolved before
the end of the year; therefore, she recommends the matter be referred to the County Attorney, with
the instruction to delay action for 30 days, in order to allow adequate time for the property owners to
remove the rock from the property. In response to Chair Garcia, Ms. Salzman stated she did not
post the notice on the property; however, the notice was sent via both regular mail and certified mail
to both the business address and residential address, the certified letters were returned unclaimed,
and the other letters have not been returned. Chair Garcia inquired as to whether adequate efforts
have been made to provide notice.
Stephanie Arries, Assistant County Attorney, stated it is preferable that the notice be posted on the
property in situations where the certified mail has been unclaimed; however, since the other letters
were not returned, it is reasonable to assume some of the letters were received, and there have also
been telephone conservations with the property owners. Commissioner Rademacher indicated he is
concerned the property owners may not have been aware of today's hearing. Ms. Salzman stated
she verbally notified the property owners the matter would be considered at the December Violation
Hearings; however, she is not opposed to continuing the matter, in order to allow adequate time for
her to post the notice on the property.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Rademacher moved to continue ZCV #0900249 against Steven and Lorraine Grail to
January 12, 2009, in order to allow adequate time for proper notice of the hearing to be provided.
The motion was seconded by Commissioner Conway, and it carried unanimously.
ZCV #0900250 -1444 VISTA VIEW, LLC: Ms. Salzman presented the case report for the record
and pursuant to the case file, this property is in violation of Sections 23-2-150, 23-2-150.C, and
23-2-150.L of the Weld County Code. To bring the property into compliance, a revised map shall be
submitted delineating the parking area for the vehicles that are for sale, and the noncommercial
junkyard, consisting of a derelict bus, shall be removed or the bus must be registered. She stated a
pre -application meeting was conducted and the property owners indicated the site is being utilized
for vehicle sales, as opposed to the intent of the original Site Plan Review, SPR #368, which is for
tire sales and small commercial repair; therefore, staff requested the property owners submit a letter
explaining the current use of the property, in order for staff to determine whether the change of use
was substantial, and no letters have been submitted. Ms. Salzman recommended the matter be
referred to the County Attorney, with the instruction to delay action for 30 days, in order to allow
adequate time for the property owners to provide the requested letter and to remove or register the
derelict bus.
Chair Garcia gave the opportunity for public testimony; however, there was none provided.
Chair Garcia stated he does not understand why the matter would not be referred to the County
Attorney for immediate legal action. Commissioner Long concurred with Chair Garcia and moved to
Hearing Certification, Zoning Violations
December 8, 2009
Page 7
2009-3135
PL0824
refer ZCV #0900250 against 1444 Vista View, LLC, to the County Attorney for immediate legal. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
ZCV #0900245 - HERMAN-CALVIN/CALVIN: 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, and 23-3-40.R of the Weld County Code. To bring the property into compliance
an application for a Use by Special Review (USR) permit must be submitted for the operation of
Ultimate Diesel Performance or the business must be removed from the property, and the property
owner has indicated he will not pursue a USR permit; he will search for an alternative property. She
stated the business is being conducted in an agricultural -exempt building; therefore, the building has
not been inspected and staff has concerns regarding its safety. She requested the matter be
referred to the County Attorney, with the instruction to delay action for no more than 60 days. In
response to Chair Garcia, Ms. Salzman stated the property owner is requesting 60 days to identify a
new location for the business.
Gerald Calvin, property owner, stated his son graduated from WyoTech Technical School in
Laramie, Wyoming, and after working for a company in the City of Denver for several months, he
decided to start his own business. Mr. Calvin stated he had an existing building for repairing farm
equipment which he allowed his son to use for his business. He stated he has decided not to
pursue the USR permit due to a lack of funds, and he has suggested that his son look for another
location which is properly permitted for his business; however, he needs a minimum of 60 days to be
able to identify a new location for the business. He requested that his son be able to operate the
business at the current location until the business is relocated, and if it takes longer than 60 days to
do so, his son will cease operations until an appropriate location is identified and the business has
been relocated. In response to Commissioner Conway, Mr. Calvin stated he has hired a realty
company to search for an appropriate location for his son's business. Commissioner Conway
inquired as to when the structure was constructed. Mr. Calvin stated the property was originally a
dairy farm and most of the buildings on it were constructed in the 1950s. He stated the building his
son is utilizing for his business was originally utilized to store corn, and it was later converted to a
farm shop, which it has remained for some time. Chair Garcia stated 60 days seems to be a
reasonable amount of time.
Commissioner Conway moved to refer ZCV #0900245 against Gerald Calvin and Karen Herman -
Calvin to the County Attorney for legal action, with the instruction to delay action upon such referral
until February 8, 2010, in order to allow adequate time for the property owners to establish a new
location for the business. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
ZCV #0900248 - SF2, LLC/SHAW: Ms. Salzman presented the case report for the record and
pursuant to the case file, this property is in violation of Sections 23-3-30 and 23-3-30.F of the Weld
County Code. To bring the property into compliance, proof of registration must be provided for the
camper trailer and an application for a Flood Hazard Development Permit must be submitted. She
stated she was initially concerned someone was living in the camper trailer; however, she has
discovered nobody is living in it; it is located near a private lake and is utilized as a dressing area.
She stated the camper trailer has no license plates; therefore, it is considered to be a derelict
vehicle, and the property owner has had difficulty obtaining the title for the camper trailer; however,
the previous owners of the camper trailer have indicated to the property owner the title for the
camper trailer has been mailed. Ms. Salzman recommended the matter be referred to the County
Attorney, with the instruction to delay action for 30 days, in order to allow the property owner
adequate time to register and license the camper trailer, or to remove the camper trailer from the
property, and the property owner has indicated 30 days is an adequate amount of time for the matter
Hearing Certification, Zoning Violations
December 8, 2009
Page 8
2009-3135
PL0824
to be resolved.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Rademacher moved to refer ZCV #0900248 against SF2, LLC/ Michael Shaw to the
County Attorney for legal action, with the instruction to delay action upon such referral until
January 8, 2010, in order to allow the property owner adequate time to register and license the
camper trailer, or to remove the camper trailer from the property. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
ZCV #0900114 - HEFNER/KNEEBONE: 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,
23-3-40, 23-3-40.L, and 23-3-40.R of the Weld County Code. To bring the property into compliance,
an application for a Use by Special Review (USR) permit must be submitted and the second
dwelling unit will either need to be permitted or removed from the property. She stated the property
owners submitted a 7 Day Completeness Review packet this morning; therefore, she recommends
the matter be referred to the County Attorney, with the instruction to delay action for 30 days, in
order to allow adequate time for staff to determine whether additional application materials are
needed and to collect the USR permit application fee.
In response to Chair Garcia, Judy Hefner, property owner, stated it will take staff one week to review
the materials, and 30 days may be enough time to submit the application for the USR permit,
depending on the requirements from staff.
Troy Hefner, property owner, requested more time, since he does not know what requirements staff
will put forth.
In response to Chair Garcia, Ms. Salzman stated it is possible situations may arise which will require
more than 30 days for the property owners to resolve; however, staff will work with the applicants if
those situations arise. Ms. Salzman stated the business on the property is operating out of a
building which has not been inspected for its type of use, and there is a second home on the
property which will be permitted as a result of the process; therefore, she does not recommend
delaying action for more than 30 days.
In response to Commissioner Kirkmeyer, Ms. Salzman confirmed staff will continue to work with the
property owners as long as progress is being made on bringing the property into compliance.
Responding to Commissioner Conway, Ms. Salzman confirmed the matter will not automatically be
referred to the County Attorney in 30 days, as long as the property owner continues to work with
staff and make progress with bringing the property into compliance.
Chair Garcia gave the opportunity for public testimony; however, none was given.
Commissioner Rademacher moved to refer ZCV #0900114 against Troy and Judy Hegner and
Randy Kneebone to the County Attorney for legal action, with the instruction to delay action upon
such referral until January 8, 2010 to allow adequate time for staff to review the 7 Day
Completeness Review packet and notify the property owner of any outstanding requirements for the
USR permit application. The motion was seconded by Commissioner Conway, and it carried
unanimously.
ZCV #0900227 - PICKERING/SCHRODEN: 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, 22-3-30, 23-3-30.M,
Hearing Certification, Zoning Violations 2009-3135
December 8, 2009 PL0824
Page 9
23-3-40, 23-3-40.O, and 23-3-40.R of the Weld County Code. To bring the property into
compliance, an application for a Use by Special Review permit must be submitted for the
commercial vehicles, or the commercial vehicles must be reduced to the one (1) allowed and an
application for a Zoning Permit for a Commercial Vehicle must be submitted.
Commissioner Rademacher moved to refer ZCV #0900227 against Cody Pickering and Rana
Schroden back to the Department of Planning Services, since the applicants have submitted an
application for a USR permit. The motion was seconded by Commissioner Conway, and it carried
unanimously.
ZCV #0900238 - RIEHLIWASDEN: 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, 23-3-40, and
23-3-40.L of the Weld County Code. To bring the property into compliance, an application for a Use
by Special Review permit must be submitted, an application for a Building permit for the demolition
of the structure must be submitted, or a Building permit for the conversion of the structure from a
second dwelling unit to a shop or personal storage unit must be submitted. She stated the mobile
home on the property is a remnant from when the subdivision was an egg producing community,
and when the property owner purchased the property in the year 2003, the mobile home remained
on the property. She stated there was a tenant living in the mobile home and he decided to remodel
the mobile home, and as the project progressed, the tenant ended up stripping the mobile home
down to its frame, rebuilding the walls, and doubling the size of the mobile home. Ms. Salzman
stated the matter was brought to staff's attention as the result of a complaint, and the Building
Department issued a stop work order. She stated the structure remains on a mobile home frame;
however, she is not sure if the structure is still classified as a mobile home, and the structure is not
presently occupied. Commissioner Rademacher inquired as to how the year of the mobile home
can be determined and if it is necessary to do so for this structure. Ms. Arries stated she does not
know whether the year the mobile home was manufactured can be determined at this point;
however, the Weld County Code provisions which reference the year of manufacturing for mobile
homes do so in order to determine the safety and stability of the structure, which can be determined
without knowing the year of manufacturing. Commissioner Rademacher inquired as to whether the
structure is still classified as a mobile home.
Ken Swanson, Building Department, stated the structure is no longer a mobile home, and it needs to
be treated as a house, including enlisting an engineer for the design foundation. In response to
Commissioner Rademacher, Mr. Swanson stated if an engineer approves the structure, staff will
defer to the engineer.
Herbert Riehl, property owner, stated the property included the mobile home when he purchased it,
and the mobile home housed a caretaker for the chicken barn at some point. Mr. Riehl stated a
family who was desperate for a place to live approached him to request that he allow them to make
improvements to the mobile home and reside it, and he agreed to the request. He stated the work
has ceased on the structure, and upon reviewing the costs involved for a second dwelling to exist on
the property, he is not interested in pursuing it; therefore, the best option is to covert the structure
into a storage shed; however, he does not presently have the money to submit the application for
the building permit necessary to do so. He stated it will cost approximately $1,000.00 to apply for
the building permit to convert the structure into a storage shed and to be able to resume the
construction, and he requested two to three months to be able to come up with the money.
In response to Chair Garcia, Ms. Salzman stated the property is zoned A (Agricultural), and a permit
is required for the storage shed because the property is located in a subdivision. In response to
Commissioner Rademacher, Ms. Salzman stated the property owners will be in compliance as long
Hearing Certification, Zoning Violations
December 8, 2009
Page 10
2009-3135
PL0824
as the building permit application has been submitted before the end of the timeframe granted by
the Board. Responding to Chair Garcia, Mr. Riehl confirmed there is nobody residing in the
structure. In response to Commissioner Conway, Ms. Salzman stated staff will not know the cost of
the building permit until the application for the building permit has been submitted, and there is no
cost to submit the application. Further responding to Commissioner Conway, Ms. Salzman clarified
the cost will be determined after the permit application has been submitted and the plans have been
reviewed, and the building permit will be issued after the payment has been made. In response to
Commissioner Conway, Ms. Salzman reiterated the property owners do not need to submit any
payment with the application. Commissioner Rademacher stated the property owners will need to
demolish the building if they choose not to pay the cost for the building permit. In response to Chair
Garcia, Mr. Riehl indicated he does not know if 30 days is adequate time to submit the application
since he is unfamiliar with the process. Chair Garcia stated staff will assist Mr. Riehl with the
application process after the hearings today if he is able to stay.
Chair Garcia gave the opportunity for public testimony; however, there was none given.
Commissioner Rademacher moved to refer ZCV #0900238 against Herbert and Catheryn Riehl and
Matt Wasden to the County Attorney for legal action, with the instruction to delay action upon such
referral until January 8, 2010, in order to allow adequate time for the property owner to submit the
application for a building permit. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
ZCV #0900116 - SCHAFER: 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.O, 23-3-30, 23-3-30.A,
23-3-30.F, and 23-3-30.1 of the Weld County Code. To bring the property into compliance, the
mobile home nearest to County Road 47.5 must be restored, by removing the recreational vehicle,
and repaired, or the mobile home must be removed. She further indicated any additional mobile
homes on the property, the noncommercial junkyard consisting of empty milk barrels, trash milk
cartons, containers, plastic, et cetera, must be removed, and the derelict vehicles shall be restored,
removed, or completely screened from all adjacent properties, and public rights -of -way. She stated
the property owner has a contract with Meadow Gold dairy to feed its expired dairy products to his
livestock, and when the violation process first began, the property owner indicated there were
approximately 500 to 600 empty barrels on the site, which he was waiting to dispose of until the
price of iron improved. Ms. Salzman stated the empty barrels need to be removed; however, the
barrels containing feed are allowed on the property. She stated the property owner was offered
some assistance to remove the empty barrels from the property; however, the property owner was
concerned about people being bitten by rattle snakes, which are prevalent in the area. She stated
there is a camper trailer attached as an addition to a mobile home on the property, which was built
without a building permit being obtained, and the structure existed in its current state when the
current property owner purchased the property. Ms. Salzman stated she was informed by the
Building Department that a building permit cannot be issued since the camper trailer is considered
to be a vehicle, not a structure, and it is not adequate to be utilized for a dwelling. She stated the
Building Department indicated a remodel permit can be issued to restore the mobile home after the
camper trailer has been removed. She stated a lot of clean up has occurred on the property;
however, there is one (1) remaining derelict vehicle and another mobile home which need to be
removed from the property. Ms. Salzman stated the second mobile home was converted into a
livestock structure, which the Code does not allow, and the property owner spoke to someone
regarding demolishing it; however, the individual was no longer interested in demolishing the mobile
home after learning the asbestos requirements. She stated burning the mobile home is not a
possibility, due to the asbestos requirements; therefore, she is unsure of how to proceed with the
removal of the mobile home; however, it does need to be removed. She stated there is also a
Hearing Certification, Zoning Violations
December 8, 2009
Page 11
2009-3135
PL0824
house on the property which is not able to be utilized as a dwelling. In response to Chair Garcia,
Ms. Salzman stated she is unsure what the appropriate timeline should be. She stated the mobile
home which is being occupied needs to be quickly addressed and a timeline can be arranged to
address the other items. In response to Chair Garcia, Ms. Salzman stated the issue regarding the
dogs has been resolved.
Ronald Schafer, property owner, stated the mobile homes were on the property when he purchased
it. Mr. Schafer stated he has tried to have the trailer, which was used for livestock, removed from
the property; however, two people declined to remove it, and one offered to do it for between
$1,000.00 and $2,000.00, which he cannot afford to pay. He stated the other mobile home with the
camper trailer attached is his primary dwelling, at some point the camper trailer was changed from
being classified as a vehicle to being classified as a permanent structure, and he has the contracts,
titles, and insurance certificates for the property and all of the mobile homes on it. He stated if the
County forces him to remove the camper trailer from the mobile home, it will render him homeless,
since none of the other structures on the property are habitable. Mr. Schafer stated his wife is
disabled and she lives with their daughter, who is a nurse and able to care for her.
Barbara Schafer, property owner, stated there are no longer any derelict vehicles on the property,
her daughter's wrecked vehicle has been sold, and only Mr. Schafer's truck, jeep, and flatbed
trailers remain on the property. She stated a boat is being stored on the property; however, the
owner will be removing it.
Commissioner Rademacher inquired as to whether there is any way to get the current
camper/mobile home structure approved under the Code. Mr. Swanson stated the camper is
designed to be a vehicle and he does not know if there is a way it can be approved as a permanent
residence.
Commissioner Rademacher stated he understands the intent of the barrel windbreak; however, he
is not convinced the empty barrels create an effective windbreak. He inquired as to what the
property owners plans are to remove the empty barrels from the property, and he inquired as to how
much livestock is on property. Mr. Schafer stated he formerly had approximately 450 livestock
animals on the property; however, he has downsized to approximately 150 animals for the winter.
Ms. Salzman stated the number of animals on the property is well within the number allowed as a
use by right, since 40 animals are allowed per acre, and the property is approximately 39 acres in
size. She stated she is concerned the barrels of dairy products continue to be delivered and
accumulated. In response to Commissioner Rademacher, Ms. Schafer confirmed Mr. Schafer
reloads a certain number of the empty barrels with incoming feed, and he has been hauling barrels
off of the property as he has the time to do so. Mr. Schafer stated when the barrels are emptied he
hauls the barrels to Andersen's Salvage, if Meadow Gold does not need the empty barrels. He
stated he has utilized the expired dairy products for Meadow Gold for approximately nine and a half
years and on two farms. Chair Garcia inquired as to how much time Mr. Schafer needs to remove
the empty barrels from the property. Mr. Schafer stated he removes empty barrels from the property
each week, and last week he removed two truckloads of empty barrels. Chair Garcia inquired as to
how many empty barrels are on the property. Mr. Schafer stated there a few empty barrels on the
property. Ms. Schafer stated Mr. Schafer brings the barrels to Meadow Gold to be refilled twice a
week, and there are empty barrels between visits. Mr. Schafer stated 85 50 -gallon barrels of milk
were delivered per week; however, he has reduced the delivery to approximately 34 50 -gallon
barrels of milk per week. In response to Commissioner Kirkmeyer, Mr. Schafer stated there are
approximately 100 full barrels of feed on the property, and someone from the City of Denver
accepted approximately 45 empty barrels. In response to Chair Garcia, Mr. Schafer stated the
Hearing Certification, Zoning Violations
December 8, 2009
Page 12
2009-3135
PL0824
windbreak consists of approximately 60 plastic barrels. Ms. Schafer stated the windbreak serves its
purpose, the sheep and goats lie in front of the windbreak for protection. Commissioner Kirkmeyer
stated the windbreak may serve a purpose; however, it is considered to be a noncommercial
junkyard according to the Code; therefore, the barrels need to be removed from the property. Mr.
Schafer stated he can place an advertisement in a newspaper in order to solicit people who are able
to utilize the empty barrels, and there is a site in the Town of Lucerne which recycles barrels.
Chair Garcia inquired as to when Mr. Schafer will be able to remove the camper trailer from the
mobile home and repair the wall. Mr. Schafer stated he will do so when he has the money; however,
he is unsure when that will be. Ms. Schafer stated there was a man living in the structure when the
Schafer's purchased the property and the neighbors indicated he had lived there for approximately
25 years; therefore, she does not understand why the structure has only recently become a problem.
Chair Garcia stated the Board cannot address what happened years ago; however, it is a problem
now since Mr. Schafer is residing in the structure and it is his property; therefore, he is responsible
for bringing it into compliance. Ms. Schafer stated one of the reasons she and her husband chose
to purchase the property is because there was a habitable structure on it. In response to Chair
Garcia, Mr. Schafer stated it will take him a long time to bring the property into compliance since he
will be working on the project by himself and he will need to find another place to live. In response
to Commissioner Conway, Mr. Schafer stated he will strive to remove the camper trailer from the
mobile home by the middle of the summer. Chair Garcia stated the second mobile home still needs
to be removed from the property also. Commissioner Kirkmeyer proposed granting a delay in action
by the County Attorney's office until July 31, 2010; however, Mr. Schafer needs to check in with
Ms. Salzman regarding his progress on a monthly basis. She stated the barrel windbreak needs to
be removed and the second mobile home must be removed from the property. In response to
Commissioner Rademacher, Ms. Salzman stated the property owners are not eligible to apply for a
Use by Special Review permit in this instance. Mr. Schafer stated he will discuss payment for
displacing him from his home with the County Attorney. Commissioner Kirkmeyer stated the Weld
County Code is applicable to all of the County's residents and Mr. Schafer needs to bring his
property into compliance.
Commissioner Kirkmeyer moved to refer ZCV #0900116 against Ronald and Barbara Schafer to the
County Attorney for legal action, with the instruction to delay action upon such referral until July 31,
2010, in order to allow adequate time for the property owners to remove the camper trailer from the
primary mobile home and repair the wall to the mobile home, to remove the second mobile home
from the property, and to remove the empty barrels from the property, with the condition the property
owners check in with staff regarding their progress on a monthly basis. The motion was seconded
by Commissioner Long. Commissioner Conway inquired as to what will happen if the property
owner fails to report to staff on a monthly basis. Chair Garcia stated the matter will be handled by
the County Attorney if the property owner fails to report its progress to staff on a monthly basis.
There being no further discussion, the motion carried unanimously.
Hearing Certification, Zoning Violations
December 8, 2009
Page 13
2009-3135
PL0824
This Certification was approved on the 14th day of December, 2009.
APPROVED:
ATTEST: Vf - _,�i,� �', 1Lt% OARD OF CQUNTY COMMISSIONERS
4' D COiLORADO
Wel ounty Clerk to the B
BY
Dep,u
CD #2009-12
1 �
Qii1
to the Board
Dougl. 'adem-c er, Pro -Tern
Sean P. Conway
Cll �1 ?tar Kirkmeyer�/lu� Lj
QtA
David E. Long
C
Hearing Certification, Zoning Violations
December 8, 2009
Page 14
2009-3135
PL0824
ATTENDANCE RECORD
VIOLATION HEARINGS FOR THI
(
a)
a)
03
O
CO
co
co
(
k
2
k
k
w
2
w
a
VIOLATION NUMBER
9
.)
.®\N
yam"
»
v
\
/.
w
\
/
y
00
I
w
2
\
§
$
d
-5----i_
j�
/
23
J
in
\
d\Lev
\
/.,
\
\
\d\�
-
-.
-
2
- «
�
-,
c
G
,
5
�}
C
®.
j
±
$
-
Ki
«
C
~
-
c
�
2
°
®
«
/
\—\
Jji
/=<a
c
\
&
\\c
c(`12,.
tr
U:
Hello