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Home My WebLink About20091088.tiffHEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION A public hearing was conducted on May 12, 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 - EXCUSED FROM 10:00 AM TO 10:15AM 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 Department of Public Works representative - Clay Kimmi 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 #0800392 - GUTKNECHT: 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, 23-3-20.A, 23-3-30, 23-3-30.C, 23-3-30.1, 23-3-40, 23-3-40.L, 23-3-40.M 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 manufactured structures and the future commercial business. Ms. Salzman stated this case was continued from April 14, 2009, to allow adequate time for the property owner to be able to attend the violation hearing. Ms. Salzman stated the four modular structures on -site will be moved closer to the nursery on the east side of the property. They will be combined into an Agricultural Exempt Structure and used for storage. The one remaining modular unit will be removed. Also, the two dwelling units on the property will need to have a Recorded Exemption application submitted. Bradley Gutknecht, property owner, stated he is going to use the buildings for storage and will apply for the Agricultural Exempt Permit, and also for a Recorded Exemption for the stick house and the mobile home. Mr. Gutknecht stated fifty percent of the work is done in the spring, and he will need additional time to submit the applications. Commissioner Rademacher stated the derelict mobile home on -site will need to be completely demolished also, and he suggested forty-five days to complete this project and the applications. Commissioner Conway moved to refer ZCV #0800392 against Bradley and Robin Gutknecht to the County Attorney for legal action, with the instruction to delay action upon such referral until June 26, 2009, to allow adequate time for the property owner to submit a Use by Special Review application and a Recorded Exemption Permit, and to complete the demolition of the mobile home. The motion was seconded by Commissioner Rademacher, and it carried unanimously. 2009-1088 PL0824 (Clerk's note: Commissioner Kirkmeyer is now present.) ZCV #0800190 - MARTINEZ: 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 23-3-330, 23-3-330.A, 23-3-330.E, 23-3-330.E.1, 23-3-330.E.2 and 23-3-330.E.3 of the Weld County Code. To bring the property into compliance, the noncommercial junkyard and the commercial pallet business must be removed from the property. Ms. Siron stated this case was continued from April 14, 2009, to allow staff adequate time to inform the property owner of all the violations and concerns regarding this site. Ms. Siron stated screening is not an option in this case due to the property being located on a flood plain. The pallet business must be removed or properly permitted with a Site Plan Review application. The business was not in operation prior to 1982, which is when the FEMA Flood Hazard requirements were implemented. If the standards for the Flood Hazard Development Permit are met, the property owner could apply for a Site Plan Review Permit which would allow the pallet business to remain on -site. The property owners have spoken with the Departments of Public Works Department and Planning on several occasions within the last two years regarding what needs to be done to bring the property into compliance, and there has been little progress made. Responding to Commissioner Rademacher, Clay Kimmi, Department of Public Works, stated no permits have been applied for by the property owner. The mobile home on -site has a Flood Hazard Development Permit; however, the pallet business does not. Mr. Kimmi stated FEMA regulations regarding the pallets are that they are considered a fill, and if a flood were to occur, they would present a plugging hazard downstream. If they are to be permitted on this site, they will have to be stored inside a building permitted through a Flood Hazard Development Permit. Mr. Kimmi stated the property owners have not talked to him regarding this issue in over a year. Fred Martinez, property owner's son, stated he and his mother had a business dealing with the wood in the past, and they were giving out the wood for firewood. The debris on the river was from the City of Greeley, and that is now being removed by the City. The derelict cars are being stored for family and friends. Mr. Martinez stated his mother has been in poor health, and he needs to discuss the issues with her, and the solutions needed. Responding to Chair Garcia, Mr. Martinez stated they will continue to clean-up the site, and will need additional time to complete. Responding to Chair Garcia, Ms. Siron stated that this case has been ongoing for ten (10) months, and only within the last two weeks has there been any clean-up of the debris on the west side of the property. Responding to Commissioner Rademacher, Mr. Kimmi stated the screening could be raised to allow for the two to three feet of flood water that FEMA has mapped for this area. Commissioner Rademacher moved to refer ZCV #0800190 against Viola Martinez to the County Attorney for legal action, with the instruction to delay action upon such referral until July 12, 2009, to allow adequate time for the property owner to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights -of -way, and to submit a Use by Special Review application with all requirements for the flood plain permits for the pallet business, or complete remove this business from the site. The motion was seconded by Commissioner Conway, and it carried unanimously. (Clerk's note: Violation cases VI #0400318 and ZCV #0800330 will be heard together, with separate motions for each.) Hearing Certification, Zoning Violations May 12, 2009 Page 2 2009-1088 PL0824 VI #0400318 - STEINKE: 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 29-3-50 and 29-3-160 of the Weld County Code. To bring the property into compliance, the commercial business must be removed from the site and all applicable documentation must be submitted to change the use of the building to an "outbuilding for personal use", all fees paid, and all the inspections completed. Ms. Salzman stated this case originated in 2004, when the property owner was operating an electrical contracting business from an agricultural exempt building on -site. This case was first heard in December, 2004, and referred back to the Department of Planning Services pending an annexation by the City of Longmont. In October of 2008, Mr. Steinke was notified that appropriate permits must be obtained due to the property not being annexed by the City and the business was still in operation. Mr. Steinke met with staff and informed them that he purchased property in Mead, and a new building was being constructed and would be completed by May, 2009. On April 28, 2009, Mr. Steinke informed staff the new site was not ready; however, he will have all business related operations removed by May 8, 2009, from this property. Rodger Steinke, property owner, stated everything will be removed by the end of this week. He is no longer doing business from this site, and the materials are being stored there until the new site is complete and then they will be removed. Ms. Gregory stated Mr. Steinke has submitted a Building Permit application to change the use of the current building on this property from agricultural use to a detached garage. (Clerk's note: Ms. Salzman presented ZCV #0800330 at this time.) Commissioner Conway moved to refer VI #0400318 against Rodger and Francis Steinke to the County Attorney for legal action, with the instruction to delay action upon such referral until July 12, 2009, to allow adequate time for the property owner to remove the business and all equipment and supplies from the site . The motion was seconded by Commissioner Rademacher, and it carried unanimously. ZCV #0800330 - STEINKE: 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, a Use by Special Review application must be submitted, or the business operations and storage must be removed from the site. Ms. Salzman stated a drive -by inspection was conducted on May 11, 2009, and there were several trucks and equipment still on -site. Staff is requesting this case be referred to the County Attorney's Office but delay legal action for sixty (60) days to allow the property owner adequate time to remove the commercial business and equipment from the site. (Clerk's note: See property owner's testimony from previous case.) Commissioner Conway moved to refer ZCV #0800330 against Rodger and Francis Steinke to the County Attorney for legal action, with the instruction to delay action upon such referral until July 12, 2009, to allow adequate time for the property owner to remove the commercial business and all equipment and supplies. The motion was seconded by Commissioner Rademacher, and it carried unanimously. BCV #0800142 - CLIFTON: 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 Hearing Certification, Zoning Violations May 12, 2009 2009-1088 Page 3 PL0824 Code. To bring the property into compliance, the Building Permit must be completed, all the fees paid, and all the inspections completed. A permit application and all the applicable documentation must be submitted for the covered deck and porch, all the fees paid, and all the inspections completed, or a letter must be submitted stating the deck and porch will not be built at this time, and a new application must be submitted in the future if the construction proceeds. This will be verified by a on -site inspection. Ms. Gregory stated in August, 2008, a permit was issued for a covered deck and porch, at which time, it was noted that an accessory building was being constructed without the proper permits, which resulted in a stop work order being issued. In December of 2008, a permit was submitted for the accessory building; however, engineer plans are required and they have never been submitted. The permit for the deck and the porch have now expired, and the property owner has stated they are not able to complete this project. A letter of withdrawal is needed from the property owners stating they will submit a new permit when they are able to complete the deck and porch. Josefina Clifton, property owner, and Stephanie Contraras, property owner's daughter-in-law and interpreter, stated they decided not to complete the deck and porch and will be submitting a letter today. They have a letter from the engineer regarding the accessory structure and what is needed to bring that building up to code. They will be submitting that when they meet with staff to obtain a permit. Commissioner Kirkmeyer moved to refer BCV #0800142 against Josefina Clifton to the County Attorney for legal action, with the instruction to delay action upon such referral until June 12, 2009, to allow adequate time for the property owner to submit the required letters and obtain the proper permits. The motion was seconded by Commissioner Conway, and it carried unanimously. BCV #0800164 - REYES: Ms. Gregory 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 and all applicable documentation must be submitted for the mobile home and the attached manufactured home, all fees paid, and all the inspections completed. Ms. Gregory stated the original permit has expired, along with an three (3) additional permits obtained at later dates. Most of the inspections were completed on the first permit; however, a final approval and a Certificate of Occupancy have never been issued. Felix Reyes, property owner, stated this project has taken him longer to complete, as he does the work himself, and finances have been an issue. He does this project in his spare time, and no one lives in the addition part of the structure. Mr. Reyes stated he just needs to complete the gas line from the propane tank, and the company for the propane tank is taking a long time to test the line. He is still working on getting that done. Mr. Reyes stated there was a lot of damage to the manufactured home so there was more work than first expected. Commissioner Rademacher moved to refer BCV #0800164 against Felix and Benita Reyes to the County Attorney for legal action, with the instruction to delay action upon such referral until June 12, 2009, to allow adequate time for the property owner to submit all permits and applicable documentation, and pay the fees. The motion was seconded by Commissioner Conway, and it carried unanimously. BCV #0900032 - PRESLEY: 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 needed documentation must be submitted, all fees paid and all the inspections completed for the uncovered deck and Hearing Certification, Zoning Violations May 12, 2009 Page 4 2009-1088 PL0824 ramp. Ms. Gregory stated this is an ongoing violation and there has been no progress or contact from the property owner. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Rademacher moved to refer BCV #0900032 against Janet Presley to the County Attorney for immediate legal action. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. BCV #0900036 - LOWREY: 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 and all needed documentation must be submitted, all fees paid, and all the inspections completed for the single family dwelling. Staff is requesting this case be continued until June 16, 2009. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Rademacher moved to continue BCV #0900036 against Jeffrey Lowrey until June 16, 2009. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0900033 - CONCELMAN: 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 evidence of current registrations on all the vehicles must be submitted. Ms. Salzman stated there has been no contact from the property owners and no progress has been made to bring the site into compliance. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Conway moved to refer ZCV #0900033 against Danny and Somer Concelman to the County Attorney for immediate legal action. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0900044 - DEVEREUX: 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. Ms. Salzman met with Mr. Devereux on May 11, 2009, and he has installed screening and he will be placing the vehicles behind the fence. There were two (2) tow trucks on -site yesterday moving some of the vehicles and he is having help moving the remaining ones later. Ms. Salzman stated this is a repeat violation. J. F. Devereux, property owner, stated he has installed a fence, and there are approximately seven (7) more cars to move behind the screening. He is requesting more time to complete this project. Augustine Lopez, neighbor, stated there are surrounding horse properties in the area, and Mr. Devereux's property is unsightly. There are derelict vehicles setting in the front. Mr. Lopez is trying to sell his property, and indicated there is a wrecking yard or a chop shop being operated from Mr. Devereux's property. There are approximately forty (40) or fifty (50) vehicles there, and approximately six are operable. He is also concerned about an environmental Hearing Certification, Zoning Violations May 12, 2009 Page 5 2009-1088 PL0824 issue with the dripping oil and gas, since this property is approximately one-fourth mile from Boxelder Creek. Another concern is there is a permit for this type of business in this area which is zoned Agricultural. There has been wind and hail damage to the trees, and that has never been cleaned up, and an accident damaged a steel fence which has never been repaired. There is surrounding property that is up for sale, and Mr. Devereux's property is an eye sore and maybe a detriment for potential buyers. Responding to Chair Garcia, Ms. Salzman stated Mr. Devereux told her he was relocating from a different property and was bringing his personal vehicles for storage and would be removing the ones that were derelict at some point. As a result, a Use by Special Review Permit is not required, and the code does not state how many vehicles are allowed on a property behind the screening. Also, Ms. Salzman stated she spoke with Troy Swain, Department ofPublic Health and Environment, and he stated something of this size would not impose a health or safety issue. Mr. Devereux stated he has moved the mustang that Mr. Lopez was referring, to behind the screening, and he is careful while draining gas and oil from the vehicles; it is not being drained on the ground. Mr. Devereux stated property values are dropping, and he understands the concerns in trying to sell property at this time. He was not aware that this area was only a horse property area. Mr. Devereux stated the additional cars came from his property in Denver because of the strict codes being put in place for removal of car storage and parts yards. When he purchased this property he was aware of the noncommercial junkyard set-up, so he thought he would be in compliance. Most of the cars will be sold, they are not junk, they are collector cars. Mr. Devereux stated he will comply with what the Board tells him to do, and if he is not able to comply, he will move. He feels this is a personal collection, and he is continuing to work on cleaning up the site. The fence is going to be fixed, this was delayed due to collecting the insurance money and finding someone to do the estimate for the repair. Responding to Commissioner Rademacher, Mr. Devereux explained he buys these cars to drive and sell, some get restored and are shipped to Europe, and this is not a business, he is retired and this is a hobby. Responding to Commissioner Kirkmeyer, Mr. Devereux stated he has collected approximately forty- five vehicles over a period of seven years. Some of the vehicles are used for parts and some are stripped and taken to be crushed. Commissioner Rademacher stated this operation sounds more like a home business than a retirement hobby. Commissioner Kirkmeyer agreed, and stated this operation is impacting the neighborhood; therefore, a Use by Special Review permit should be considered. After discussing this, the Board agreed this does not fall into an Accessory Use for this property and a Use by Special Review Permit should be submitted. Chair Garcia explained to Mr. Devereux the matter before the Board today is not the Use by Special Review, it is the noncommercial junkyard, and Mr. Devereux assured the Board that the vehicles will be placed behind the screening. Responding to Commissioner Rademacher, Stephanie Arries, Assistant County Attorney, stated the evidence presented today will make a determination regarding the noncommercial junkyard determining whether the screening will bring this property into compliance on the grounds that this is a Use by Right, or if this case will need to be resolved by the property owner submitting a Use by Special Review application. Commissioner Kirkmeyer confirmed with Ms. Salzman that the condition of the vehicles will determine whether they are derelict and will need to be screened. If the vehicles are in running condition and have current license registrations, they are not considered derelict, and will not have to be screened, and the code does not limit the number of vehicles on any property. If Mr. Devereux has a number of derelict vehicles that he is storing on this property and is salvaging parts and taking them to the crusher for a profit, this would be a business operation, and he will need to apply for a Use by Special Review Permit. Commissioner Kirkmeyer moved to refer ZCV #0900044 against J. F. Devereux to the County Attorney for legal action, with the instruction to delay action upon such referral until July 12, 2009, to allow adequate time for the property owner to relocate the remaining vehicles behind the Hearing Certification, Zoning Violations May 12, 2009 Page 6 2009-1088 PL0824 screening or remove them from the site within seven (7) days of this hearing, and to allow adequate time for the property owner to submit a Use by Special Review application. The motion was seconded by Commissioner Conway, and it carried unanimously. (Clerk's note: Commissioner Kirkmeyer wished to recluse herself from the following case.) ZCV #0900048 - ZEHNDER/WRIGHT: Ms. Salzman presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-30.M, 23-3-40 and 23-3-40.R of the Weld County Code. 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 evidence of current registrations must be submitted for the vehicles kept on the site. Ms. Salzman stated the property owners have evicted the tenants as of June 1, 2009, and they are requesting an additional thirty (30) days to clean up this site. Neither the property owners nor a representative were present, and there was no public testimony given. Commissioner Conway moved to refer ZCV #0900048 against Brian and Teresa Zehnder and Herb Wright to the County Attorney for legal action, with the instruction to delay action upon such referral until June 12, 2009, to allow adequate time for the property owners to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights -of -way. The motion was seconded by Commissioner Rademacher, and it carried unanimously. ZCV #0900015 - SCOPEL: 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, a Zoning Permit must be submitted for the commercial vehicle, or it must be removed from the site. Staff is requesting this case be referred back to the Department of Planning Services due to a Zoning Permit for a Commercial Vehicle being submitted. Neither the property owners nor a representive was present, and there was no public testimony given. Commissioner Rademacher moved to refer ZCV #0900015 against Karen Scopel and Patty Winters back to the Department of Planning Services. The motion was seconded by Commissioner Conway, and it carried unanimously. ZCV #0900045 - KOENIG/HEIRS OF: Ms. Siron presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-150, 23-3-150.A, 23-3-150.B and 23-3-150.C of the Weld County Code. To bring the property into compliance, the noncommercial junkyard must be restored, removed or screened from all adjacent properties and public rights -of -way, and evidence that the derelict vehicle has current registration must be submitted or the vehicle must be removed. Ms. Siron stated staff has posted all notifications and has not received acknowledgment. Staff will need to contact the party living in the house and research who is the current owner, as this is an inherited property. One derelict truck has been removed after the first letter was posted. Neither the property owners nor a representative was present, and there was no public testimony given. Hearing Certification, Zoning Violations May 12, 2009 Page 7 2009-1088 PL0824 Commissioner Rademacher moved to refer ZCV #0900045 against Lee Koenig and Heirs of, back to the Department of Planning Services. The motion was seconded by Commissioner Conway, and it carried unanimously. This Certification was approved on the 18th day of May, 2009. APPROVED: ATTEST: date" / �� y /l % OF COQ TY COMMISSIONERS b vj/� �U OLORADO Weld County Clerk to the Board BY Deputy erk to the Board CD #2009-05(VI) Garcia, Chair Rademacher, Pro-Tem Sean P. Conway arbara Kirkmeyer EXCUSED O David E. 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