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Home My WebLink About20092930.tiffRECORD OF PROCEEDINGS VIOLATION HEARINGS AGENDA TUESDAY, NOVEMBER 10, 2009 ROLL CALL: Commissioner William F. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem Commissioner Sean P. Conway Commissioner Barbara Kirkmeyer Commissioner David E. Long Also present: County Attorney, Stephanie Arries Acting Clerk to the Board, Elizabeth Strong Planning Department representative, Bethany Salzman Planning Department representative, Peggy Gregory Planning Department representative, Ann Siron CD #2009-11(V) CLOSED CASES: Upon a followup inspection, the Compliance Officer has determined that the following cases are no longer in violation and recommends they be closed. 1) BCV #0900095 - ARCHULETA 2) BCV #0900107 - RICHARDS 3) ZCV #0800291 - GRONWALD 4) ZCV #0900262 - GOPPINGER 5) ZCV #0900256 - BUENDIA REFERRED BACK TO PLANNING: The Compliance Officer is working with the appropriate parties to close be heard by the Board of County Commissioners at this time. 1) ZCV #0900251 - 3JE, LLC/NB INVESTMENTS, LLC/ANGLIN 2) ZCV #0900162 - SILVA 3) VI #0500271 - MARTIN-SAMPSON OLD BUSINESS: 1) ZCV #0900175 - WEISS/SHELEY (CON'T FROM 10/20/09) NEW BUSINESS: 1) BCV #0800017 - 2) ZCV #0900194 - 3) ZCV #0900235 - 4) ZCV #0900230 - 5) ZCV #0900217 - 6) ZCV #0900136 - 7) ZCV #0900274 8) ZCV #0900265 the following cases, and they do not need to [2009-2939] [2009-2940] [2009-2943] MILLER TRI-COUNTY REAL ESTATE ACQUISITIONS, LLCNISCIANO (CON'T MORITZ WILLBANKS/HUDSON WELDING AND FABRICATION (DISMISSED) SOTO/MARTINEZ NAKAGAWA - SCHMERGE (DISMISSED) - VEGA (CON'T TO 12/8/09) [2009-2932] [2009-2933] TO 2/9/10) [2009-2936] [2009-2938] [2009-2941] [2009-2942] [2009-2944] [2009-2945] [2009-2946] 2009-293C PL0824 46tir WIDc. COLORADO MEMORANDUM To: Board of County Commissioners November 4, 2009 From: Peggy Gregory, Building Compliance Officer Department of Building Inspection Subject: Legal Action Authorization The Department of Building Inspection has scheduled the following violations to be considered at the November 10, 2009, hearing beginning at 10:00 a.m. The Department of Building Inspection is requesting that the Board review the individual cases and determine whether or not to authorize legal action to remedy the violations. Weld County Building Violation Cases: BCV08-00017, Michael D and Kimberlea N Miller Chapter 29, Article III, Section 29-3-10; Chapter 29, Article VIII, 29-8-40 A permit application and all applicable documentation shall be submitted for the structural steel building with temporary living quarters, fees paid, the permit issued, and all inspections completed. BCV09-00095, Joseph D and Anne M Archuleta Chapter 29, Article III, Section 29-3-10 A permit application and all applicable documentation shall be submitted for the addition to the single family dwelling, fees paid, the permit issued, and all inspections completed. BCV09-00107, Harvey Richards Chapter 23, Article III, Section 23-3-30; Chapter 29, Article III, Section 29-3-10 The existing detached carport cover shall be demolished as it does not meet the 4% per Section 23-3-30 of the Weld County Code. If a new structure is to be built, a permit application and all applicable documentation shall be submitted, fees paid, the permit issues, and all inspections completed. Weld County VI -0700093 "Closed" BCV08-00148 "Closed" BCV08-00162 "Closed" BCV09-00012 "Closed" BCV09-00025 "Closed" BCV09-00035 "Closed" Building Violation Cases Closed: Chris and Brenda Haun building permit completed Marcelo Hernandez building permit completed Patrick and Callie Spear property in compliance Kiki Morrical building permits completed Scott and Rebecca Murphy building permit completed Turnpike LLC building permit completed SERVICE, TEAMWORK, INTEGRITY, QUALITY Violation Hearing Memorandum November, 2009 page two BCV09-00037 "Closed" BCV09-00038 "Closed" BCV09-00039 "Closed" BCV09-00055 "Closed" BCV09-00069 "Closed" BCV09-00078 "Closed" BCV09-00103 "No Violation" BCV09-00104 "Closed" BCV09-00109 "No Violation" BCV09-00110 "Closed" Joel Garcia building permit completed Adam and Patricia Nunn building permit withdrawn Amalia Lopez building permits completed Javier and Leticia Gurrola building permit completed Cipriano Flores building permit completed Dale and Joyce Tennal building permit completed Ivan Schneider property in compliance Breniman Farms LLC building permit completed Erick and Paula Scherk property in compliance Joan Dugrosse property in compliance SERVICE, TEAMWORK, INTEGRITY, QUALITY Memorandum To: Board of County Commissioners November 4, 2009 From: Bethany Salzman, Zoning Compliance Officer II, Dept. of Planning Services Ann Siron, Zoning Compliance Officer, Dept. of Planning Services COLORADO Subject: Legal Action Authorization The Department of Planning Services staff has scheduled the following violations to be considered at the November 10, 2009 hearing beginning at 10:00 a.m.. The Department of Planning Services staff is requesting that the Board review the individual cases and determine whether or not to authorize legal action to remedy the violations. Previously Continued Violation Cases: ZCV09-00175 Michael D Weiss and Pamela J Sheley ((Bethany Salzman)) Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.H of the Weld County Code. The number of dogs shall be reduced to 8 or fewer or a Use by Special Review (USR) permit shall be completed and submitted to the Department of Planning Services. Weld County Zoning Violation Cases: ZCV09-00194 Tri-County Real Estate ((Bethany Salzman)) Chapter 23, Article 11(2), Division 3 of Sections 23-2-150, 23-2-150.L and Chapter 23, Article 111(3), Division 4 of Sections 23-3-330, 23-3-330.6, 23-3-330.C, 23-3-330.D and 23-3-330.D.3 of the Weld County Code. The property shall be brought back into compliance with SPR-27, SPR-84 & SPR-228 or shall an amended Site Plan Review shall be completed and submitted to the Department of Planning Services. ZCV08-00291 Hans & Johanna Gronwald ((Bethany Salzman)) Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. The Noncommercial Junkyard shall be removed, restored or completely screened from all adjacent properties and public rights -of -ways. ZCV09-00235 Russell & Colleen Moritz ((Bethany Salzman)) Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.M of the Weld County Code. A Zoning Permit for a Commercial Vehicle (ZPCV) application shall be completed and submitted to the Department of Planning Services or the Commercial Vehicle shall be removed from the property. ZCV09-00251 3JE, LLC (c/o James Anglin) ((Bethany Salzman)) Chapter 23, Article 11(2), Division 3 of Sections 23-2-150, 23-2-150.C and 23-2-150.L of the Weld County Code. The property shall be brought back into compliance with SPR-391 or shall an amended Site Plan Review shall be completed and submitted to the Department of Planning Services. ZCV09-00162 John & Micah Silva (dba: Studio 7 — The Organic Studio) ((Bethany Salzman)) Chapter 23, Article 111(3), Division 1 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. The operation of a hair studio shall be removed from the property or a Use by Special Review (USR) permit shall be completed and submitted to the Department of Planning Services. ZCV09-00230 Dave & Darlene Willbanks (dba: Hudson Welding and Fabrication) ((Bethany Salzman)) Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-30.D, 23-3-40, 23-3-40.B, 23-3-40.6.4, 23-3-40.O, 23-3-40.R and 23-3-40.V of the Weld County Code. The welding shop shall be removed or a Use by Special Review (USR) permit shall be completed and submitted to the Department of Planning Services. 11/10/09 Violation Hearings Page 2 Weld County Zoning Violation Cases Cont...: ZCV09-00217 Juan Soto ((Bethany Salzman)) Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.B, 23-3-40.6.10, 23-3-40.6.11, 23-3-40.B.17 and 23-3-40.6.18 of the Weld County Code. The operation of a commercial rodeo/arena shall be removed from the property or a Use by Special Review (USR) permit shall be completed and submitted to the Department of Planning Services. VI -0500271 Catherine Martin -Sampson ((Ann Siron)) Chapter 23, Article 111(3), Division 3 of Sections 23-3-230, 23-3-230.B, 23-3-230.6.1, 23-3-230.C and 23-3- 230.D of the Weld County Code. The horses shall be removed from the property or a Change of Zone application shall be completed and submitted. ZCV09-00136 Joseph Nakagawa ((Ann Siron)) Chapter 23, Article 111(3), Division 2 of Sections 23-3-110.A, 23-3-110.B, 23-3-110.6.1, 23-4-130 of the Weld County Code. The unpermitted Mobile Home shall be removed from the property. ZCV09-00274 Thomas & Elisabeth Schmerge ((Ann Siron)) Chapter, 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-30.M, 23-3-40, 23-3-40.G of the Weld County Code. The Noncommercial Junkyard shall be completely screened from all adjacent properties and public rights -of - way. The number of commercial vehicles shall be reduced to one. ZCV09-00265 Abelardo & Nancy Vega, c/o Jorge Vega ((Ann Siron)) Chapter 23, Article 111(3), Division 1 of Sections 23-3-10, 23-3-20, 23-3-30, 23-3-40, 23-3-40.6, 23-3-40.6.10, 23-3-40.6.17, 23-3-40.B.18 and 23-3-40.Q of the Weld County Code. A Use by Special Review application shall be completed and submitted to the Department of Planning Services. ZCV09-00262 David Goppinger ((Ann Siron)) Chapter 23, Article 111(3), Division 2 of Sections 23-3-100, 23-3-150, 23-3-150.A, 23-3-150.B, 23-3-150.C of the Weld County Code. The Noncommercial Junkyard shall be removed or restored. ZCV09-00256 Diego & Marlene Buendia ((Ann Siron)) Chapter 23, Article 111(3), Division 2 of Sections 23-3-100, 23-3-150, 23-3-150.A, 23-3-150.6, 23-3-150.C of the Weld County Code. The Noncommercial Junkyard shall be removed or restored. Weld County ZCV08-00118 "No Viol" ZCV08-00322 "Closed" ZCV09-00026 "Closed" ZCV09-00092 "Closed" ZCV09-00093 "Closed" Zoning Violation Cases Closed: Victoria Houk No commercial activities or storage Dwayne & Pamela Orfield Noncommercial Junkyard screened Greenfield Industrial Park LLC Back in compliance with AmSPR-216 Jason & Jaime Stapleton Commercial storage and operations removed from the property Martha E Fischer ZPMH-2576 approved 11/10/09 Violation Hearings Page 3 Weld County Zoning Violation Cases Closed Cont...: ZCV09-00112 David S Rippe "Closed" Camper/Trailer abated as a dwelling unit ZCV09-00160 Cloud Dancer Trust "Closed" Noncommercial Junkyard removed ZCV09-00180 Cruz Loya & Melida Luz "Closed" Noncommercial Junkyard and Commercial storage and business removed ZCV09-00223 Robert Bryan Overcash "Closed" Dismissed by Board on October 20, 2009 ZCV09-00231 Kevin & Jeanie Coleman "Closed" Commercial Vehicle removed ZCV09-00236 Martin & Carolina Barron "Closed" Number of Commercial Vehicles reduced to 2 (two) per ZPCV-001 and ZPCV-002 ZCV09-00268 Rodney Mix "Closed" Semi trailer utilized as storage unit ZCV09-00269 Reflection Bay Homeowners Association "Closed" Noncommercial Junkyard removed ZCV09-00290 Jackie VanMatre "No Viol" NCU-431 approved for 2nd Dwelling — Complaint unfounded ZCV09-00293 Carl & Doris Henderson "No Viol" ZPMH-2428 permitted — Complaint unfounded VI -0100236 Mike or Mary Dezell **** "Closed" Property brought back into compliance with SPR-98 ZCV08-00266 Jose & Hilda Hernandez **** "Closed" Noncommercial Junkyard and Camper/Trailer removed ZCV08-00408 Michael Dean Greckel **** "Closed" Noncommercial Junkyard, semi trailers and Camper/Trailers removed ZCV09-00032 David C & Billie M Reed **** "Closed" Commercial vehicles and storage removed ZCV09-00192 Oscar M Favela Sr **** "Closed" Multiple Commercial Vehicles removed ZCV09-00214 Scott Hessler "Closed" Noncommercial Junkyard removed ZCV09-00128 Maria Alvarado "Closed" Noncommercial Junkyard removed ZCV09-00257 Rosario Rollano "Closed" Noncommercial Junkyard removed ZCV09-00154 Daniel & Rebecca Miller "Closed" Noncommercial Junkyard removed 11/10/09 Violation Hearings Page 4 Weld County Zoning Violation Cases Closed Cont...: ZCV09-00258 Ryan Burg & Katy Matteson "Closed" Noncommercial Junkyard restored ZCV09-00264 Leroy & Julianne Dentlinger "Closed" Noncommercial Junkyard removed ZCV09-00203 Jose Mendoza "Closed" Camper/trailers being occupied have been removed, Noncommercial Junkyard removed ZCV09-00229 Sergio Hernandez "Closed" Commercial Vehicles removed, Noncommercial Junkyard removed, Animal Units reduced ZCV09-00232 Sergio Hernandez "Closed" Noncommercial Junkyard removed, Animal Units reduced ZCV09-00261 Justin Walden "Closed" Noncommercial Junkyard restored ZCV09-00306 CJ Mathews Family LLC "Closed" Noncommercial Junkyard removed ZCV09-00242 Richard Preshaw "Closed" Noncommercial Junkyard removed ZCV09-00129 Fidel Molina **** "Closed" Commercial bus converted to an RV ZCV09-00072 Leroy & Donna Weinman **** "Closed" RV being occupied has been removed **** County Attorney's Office cases closed Memorandum Aft. h iDe COLORADO To: Board of County Commissioners November 10, 2009 From: Bethany Salzman, Zoning Compliance Officer II, Dept. of Planning Services Ann Siron, Zoning Compliance Officer, Dept. of Planning Services Peggy Gregory, Building Compliance Officer, Dept. of Planning Services Subject: November 10, 2009 Violation Hearing Updates Weld County Zoning or Building Violation Cases Closed: BCV09-00095 BCV09-00107 ZCV08-00291 ZCV09-00262 ZCV09-00256 Joseph Archuleta ((Peggy Gregory)) Harvey Richards ((Peggy Gregory)) Hans & Johanna Gronwald ((Bethany Salzman)) David Goppinger ((Ann Siron)) Diego & Marlene Buendia ((Ann Siron)) Weld County Zoning or Building Violation Cases Referred back to Planning: ZCV09-00162 John & Micah Silva ((Bethany Salzman)) Annexation application submitted to Town of Mead on 11/06/09 Weld County Zoning or Building Violation Cases continued: ZCV09-00265 Abelardo & Nancy Vega c/o Jorge Vega ((Ann Siron)) 12/08/09 Hello