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Home My WebLink About20092715.tiffHEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION A public hearing was conducted on October 20, 2009, at 10:00 a.m., with the following present: Commissioner William F. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem Commissioner Sean P. Conway Commissioner Barbara Kirkmeyer Commissioner David E. Long - EXCUSED Also present: Acting Clerk to the Board, 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: BCV #0800149 - GUERRERO: Chair Garcia stated this and the following item of business are related to the same matter. 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, 23-3-50.6 and 23-3-50.C of the Weld County Code. To bring the property into compliance, a survey must be submitted to determine the property lines and the setback distances which are applicable to each of the buildings. Ms. Gregory stated there was a shared barn which was located on both of the properties and staff determined the barn needed to be split and that it was necessary for certain portions of the building to be removed, in order to meet the required setback distances. She stated the Guerreros and the Spears have both removed portions of their buildings; however, it has not been determined whether the minimum setback requirements have been satisfied; therefore, the property owners have been notified that a survey is necessary to make the determination. She stated it seems the matter is close to being resolved, based on conversations with the property owners; therefore, it is recommended that the matter be referred to the County Attorney with the instruction to delay action for 30 days. In response to Commissioner Rademacher, Ms. Gregory stated the necessary offset distances are a minimum of one foot for every three feet of the buildings' heights and the property is zoned A (Agricultural). Enrique Guerrero, property owner, stated he has always been willing to resolve the matter and to pay for his share of the survey cost; however, the Spears should also pay their share of the cost, since the matter concerns both properties. In response to Commissioner Rademacher, Mr. Guerrero stated he has not contacted a surveyor. Mr. Guerrero stated after the barn was split, he suggested to the Spears that they build a new fence; however, they were not willing to contribute Hearing Certification, Zoning Violations October 20, 2009 Panes 1 2009-2715 PL0824 to the material or labor costs. In response to Commissioner Rademacher, Mr. Guerrero stated the barn was owned by the previous property owner, the property was divided, and the barn has subsequently been divided in half. In response to Commissioner Kirkmeyer, Mr. Guerrero stated he has the deed to the property; however, the property line has not been designated. Commissioner Kirkmeyer stated Mr. Guerrero should have a legal description of the property on the deed and a survey must have been completed when the property was divided. Mr. Guerrero clarified the property was split before the previous owner purchased the properties, and the previous owner does not know where the property line is. In response to Commissioner Kirkmeyer, Mr. Guerrero stated he has owned the property for approximately six years. Commissioner Kirkmeyer inquired as to how long Mr. Guerrero needs to resolve the matter. Mr. Guerrero reiterated he is willing to resolve the problem immediately; however, the Spears have not been willing to do so. In response to Chair Garcia, Ms. Gregory confirmed the majority of the contact between staff and the property owners has been with Mr. Guerrero; however, Mr. Spear has indicated 30 days will be a sufficient amount of time to resolve the matter. In response to Commissioner Kirkmeyer, Ms. Gregory stated Mr. Spear understands he will be required to pay for half of the survey cost. Chair Garcia gave the opportunity for public testimony; however, there was none. Commissioner Rademacher moved to refer BCV #0800149 against Enrique and Elisa Guerrero to the County Attorney for legal action, with the instruction to delay action upon such referral until November 20, 2009, in order to allow adequate time for the survey to be completed. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. BCV #0800162 - SPEAR: 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, 23-3-50.B, and 23-3-50.C of the Weld County Code. To bring the property into compliance, a survey must be submitted to determine the property lines and the setback distances which are applicable to each of the buildings. Based on previous discussion, Commissioner Rademacher moved to refer BCV #0800162 against Patrick and Callie Spear to the County Attorney for legal action, with the instruction to delay action upon such referral until November 20, 2009, in order to allow adequate time for the survey to be completed. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0900110 - SOTO: 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 23-3-100, 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, a Zoning Permit for a Commercial Vehicle must be submitted, proof of the registration change from commercial to recreational must be submitted, or the vehicle must be removed from the site. Commissioner Rademacher moved to refer ZCV #0900110 against Enrique and Maricela Soto back to the Department of Planning Services. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0900222 — FINKENBINDER/KRUEGAR: 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, and 23-3-40.O of the Weld County Code. To bring the property into compliance, a Use by Special Review application must be submitted and the business must comply with all of the Department of Public Health and Environment Regulations. Commissioner Rademacher moved to refer ZCV # against David and Patsy Finkenbinder and Hearing Certification, Zoning Violations October 20, 2009 !Jana 7 2009-2715 PL0824 Angela Kruegar back to the Department of Planning Services. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. VI #0100244 - GALLEGOS: Ms. Siron presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.G, and 23-3-40.N of the Weld County Code. To bring the property into compliance, an application for the expansion of the current noncommercial junkyard must be submitted, or the junkyard must be reduced back to the approved size. She stated she met with Arthur and Shirley Gallegos, property owners, and their attorney, Melvin Dinner, on October 1, 2009, and Mr. Gallegos indicated he will reduce the commercial salvage yard back to the original boundaries of Non -Conforming Use, NCU #282, and he will provide monthly documentation of his progress, in the form of receipts for loads delivered to Andersen's Sales and Salvage, Inc. In response to Commissioner Rademacher, Ms. Siron stated this is the same case that originated in the year 2001, it was never closed, and the case needed to be followed up on. Ms. Siron stated there are no active complaints regarding the site and Mr. Gallegos provided monthly documentation of his progress until the end of the year 2003. In further response to Commissioner Rademacher, Ms. Siron stated NCU #282 includes four parcels, two of which are owned by Arthur Gallegos and two of which are owned by his sister, Phoebe Gallegos. Further responding to Commissioner Rademacher, Ms. Siron stated the property is not fenced and fencing is not a requirement for the site. Commissioner Rademacher inquired as to which subdivision is located to the west of the property. Ms. Siron stated she is unsure of the name of the subdivision; however, it is within the City of Evans. Mr. Dinner stated Phoebe Gallegos resides in Tucson, Arizona, she is 79 years of age, and none of the salvage items outside of the NCU area belong to her; they all belong to Mr. Gallegos. He submitted a fact sheet into the record, marked Exhibit #1, from the Department of Planning Services which lists Phoebe Gallegos as the property owner. He stated the document should also list Mr. Gallegos as a property owner, and the address is incorrectly listed on the document as being within the City of Greeley, it is within the City of Evans; therefore, correspondence has not been successfully delivered to Mr. Gallegos from the Department of Planning Services and the last materials he received from the Department were hand delivered by Ms. Siron on September 9, 2009. Chair Garcia thanked Mr. Dinner for bringing the matter to the Board's attention and he stated the address will be corrected. He also thanked Ms. Siron for ensuring the delivery of the materials to Mr. Gallegos by hand delivering the items. Chair Garcia inquired as to how the ownership of the parcels relates to the matter. Ms. Siron stated the County Attorneys need to determine whether Phoebe Gallegos can be excluded from the matter, since she was the one who filed for the NCU and she owns some of the parcels. Stephanie Arries, Assistant County Attorney, stated typically the owner of the property is included in these matters and it is not uncommon to include parties that are not actively related in the resolution of an issue. Ms. Arries stated the outcome which is hoped for regarding this matter is for Mr. Gallegos to remove the salvage items from the areas outside of the NCU area. Mr. Dinner stated since March, 2009, various meetings have occurred between Ms. Siron and Mr. Gallegos, in order to discuss the available options, including the possibilities of creating a storage facility, expanded use through a USR permit, and cleaning up the site. He stated Mr. Gallegos has elected to clean up the site. In response to Chair Garcia, Mr. Dinner indicated Mr. Gallegos will need a minimum of six months to bring the property into compliance and longer if weather conditions hinder the progress. Hearing Certification, Zoning Violations October 20, 2009 Panes 2009-2715 PL0824 Mr. Dinner submitted a vicinity map of the Gallegos' parcels into the record, marked Exhibit #2. He stated the City of Evans approached Mr. Gallegos in 2007 regarding the installation of a storm sewer line on 23rd Avenue, on the west side of Parcel #1, and there were some difficulties regarding the title status; however, an agreement was reached, and the City of Evans has made a payment to Mr. Gallegos. He stated the agreement requires the City of Evans to construct an eight -foot slat fence around the west line of Parcel #1 and along the bottom of Parcel #2, to 42nd Street, and the City is to conduct a survey to provide the legal description for the quit claim deed; however, the City has not completed the fence nor the survey. Chair Garcia stated he appreciates Mr. Gallego's efforts to work with the City of Evans; however, he does not understand how it is relevant to the issue at hand. Mr. Dinner submitted receipts for 52 tons of salvage items which have been delivered to Andersen's Sales and Salvage, Inc., marked Exhibit #3. He stated Mr. Gallegos has been working on transporting the materials almost every day and he requested the Board grant Mr. Gallegos a minimum of six months to bring the property into compliance. Chair Garcia gave the opportunity for public testimony; however, there was none. Commissioner Kirkmeyer moved to refer VI #0100244 against Phoebe and Arthur Gallegos, to the County Attorney for legal action, with the instruction to delay action upon such referral until April 20, 2010, to allow adequate time for Mr. Gallegos to remove the salvage items from the areas outside of the NCU boundary. The motion was seconded by Commissioner Rademacher. Commissioner Kirkmeyer stated six months is a longer period of time than the Board typically grants; however, she is willing to grant it for this case due to Mr. Gallego's efforts up to this point, the amount of salvage, and the cost involved. Chair Garcia stated he is familiar with the site and there is a lot of work to be completed there. Commissioner Rademacher stated if Andersen's Sales and Salvage, Inc., is unable to handle all of the work, Mr. Gallegos will need to hire a private contractor. There being no further discussion, the motion carried unanimously. ZCV #0900202 - HOYT: Ms. Siron presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. To bring the property into compliance, the noncommercial junkyard must be restored, removed, or completely screened from all adjacent properties and public rights -of -way. She stated John Hoyt, property owner, on October 19, 2009, agreed to extend the height of the screening along the south side of the property; to complete the screening on the north side of the property; to move all of the wood, automobile parts, and debris behind the fenced area; and to paint the fence in one earth tone color. She recommended the Board refer the matter to the County Attorney with the instruction to delay action for 30 days. In response to Commissioner Kirkmeyer, Ms. Siron stated Mr. Hoyt has indicated 30 days will be a sufficient amount of time to bring the property into compliance. Commissioner Rademacher moved to refer ZCV #0900202 against John Hoyt to the County Attorney for legal action, with the instruction to delay action upon such referral until November 20, 2009, to allow adequate time for Mr. Hoyt to complete the necessary fence construction and painting, and to place the wood, automobile parts, and debris behind said fencing. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0900213 - RAMIREZ: 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 Hearing Certification, Zoning Violations October 20, 2009 Panes 4 2009-2715 PL0824 consisting of a white derelict vehicle must be restored, or removed from the site. Ms. Siron stated Thameria Ramirez, property owner, indicated she will fill the tires with air and register the vehicle. She recommended the matter be referred to the County Attorney, with the instruction to delay action for 30 days, in order to allow Ms. Ramirez to bring the property into compliance. Ms. Ramirez stated the vehicle is a 1968 Chevy which she and her husband have been saving for their daughter who will be turning 16 soon, and she will be able to register and repair the car in the next 30 days. Commissioner Kirkmeyer moved to refer ZCV #0900213 against Dwight and Thameria Ramirez to the County Attorney for legal action, with the instruction to delay action upon such referral until November 20, 2009, to allow adequate time for the vehicle to be registered and repaired. The motion was seconded by Commissioner Rademacher, and it carried unanimously. ZCV #0900223 -OVERCASH: 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 and 23-3-20.A of the Weld County Code. To bring the property into compliance, the camper trailer must be disconnected from all utilities and remain unoccupied. Ms. Salzman stated the matter was brought to the attention of the Department as the result of a complaint that Robert Overcash, property owner, is using the camper trailer as a dwelling unit; however, staff has been unable to validate the claim and Mr. Overcash indicated he leaves the property late at night, sleeps at his son's residence, and then returns to the property in the early morning. She stated she took pictures of the camper trailer from an adjacent property, in which the unit is connected to electricity; however, Mr. Overcash has indicated he is willing to disconnect the electricity. She further stated there is also a freezer on the property which appears to be connected to electricity. Tom Hellerick, legal representative for Mr. Overcash, stated Mr. Overcash wants to bring the property into compliance, and the only outstanding item is the camper trailer being connected to electricity. He stated the reason Mr. Overcash has the camper trailer connected to electricity is because he has an electronic device within the camper trailer to keep rodents out of it. He stated Mr. Overcash lives in Weld County seasonally, and he also owns property which he farms in the State of Illinois. Mr. Hellerick submitted a letter into the record from Mr. Overcash's son, Jeremiah Overcash, marked Exhibit #1. He stated Mr. Overcash lives with his son when he is in this area and he does not stay overnight in the camper trailer. He stated Mr. Overcash visits the property to water the trees and he intends to enhance the area for wildlife; therefore, he has been irrigating the land; however, there are no water or gas connections to the camper trailer. In response to Commissioner Rademacher, Mr. Overcash stated there is a freezer connected to his workshop, which contains his maintenance and agriculture tools. In response to Commissioner Kirkmeyer, Mr. Overcash stated his legal residence is within the State of Colorado; however, he owns four farms in the State of Illinois and he spends approximately five months of the year there. Mr. Overcash stated he has planted over 300 trees and shrubs on the property; therefore, when he is in the area he spends a lot time irrigating the property. Commissioner Rademacher inquired as to what the Code states regarding the amount of time one can reside in a camper trailer. Ms. Salzman stated the Code does not address Commissioner Rademacher's question; however, it states camper trailers can be used as a temporary residence during construction. Gaylord Penton, adjacent property owner, stated he has taken more than 125 photographs of Mr. Overcash leaving the property at 7:30 a.m., and returning at approximately 12:00 p.m., in order to establish he is living there. Mr. Penton stated that Mr. Overcash has begun to leave the property at night over the last couple of weeks as a result of the upcoming violation hearing; however, he did Hearing Certification, Zoning Violations October 20, 2009 Pane 5 2009-2715 PL0824 not previously leave at night. He submitted letters into the record from his daughter and grandchildren, Roxann, Cody, Tacina, and Katrina Irwin, and surrounding property owners, Audrey and Charles Graznak, and William and Barbara Penton, himself and his wife, Joyce Penton, and Willard Butterfield, friend, marked Exhibits #3, #4, #5, #6, and #7, which indicate Mr. Overcash has been observed living on the property. In response to Chair Garcia, Mr. Penton stated that Mr. Overcash has an access easement over his property, which allows Mr. Overcash access to County Road 34. Mr. Penton submitted a diary documenting Mr. Overcash's activity on the property, marked Exhibit #2, which was recorded by his wife. Responding to Chair Garcia, Mr. Penton stated he has observed Mr. Overcash residing on the property during the winter season; however, there have been periods of absence, in which Mr. Overcash travels. Mr. Hellerick stated Mr. Overcash does not deny he has spent evenings on the property; however, it was before he was aware it was a zoning violation to do so and he has not done so since he became aware. In response to Commissioner Rademacher, Ms. Salzman stated Mr. Overcash may park a trailer on the property; however, it becomes a zoning violation if Mr. Overcash stays in the trailer overnight. Commissioner Kirkmeyer inquired as to whether there is any provision in the Code which prevents people from camping on their own property. Ms. Salzman stated the Code specifies which uses are allowed, rather than which uses are not allowed. In response to Commissioner Kirkmeyer, Ms. Salzman stated the camper trailer cannot be utilized for residency; however, the use of a mobile home as a residence would be a use by right on the property. Further responding to Commissioner Kirkmeyer, Ms. Salzman confirmed there is nothing in the Code prohibiting recreational vehicles from being used for camping purposes at residences in unincorporated Weld County, for example, if a person's relatives drove from another state and parked a recreational vehicle on the property and resided in it for the duration of their visit, it would not be prohibited. Responding further to Commissioner Kirkmeyer, Ms. Salzman stated a temporary use is defined as being a period of less than six months. In response to Commissioner Rademacher, Ms. Salzman stated the initial complaint regarding Mr. Overcash was received in May, 2009, and Mr. Overcash indicated he was no longer living on the property at that time; therefore, she closed the case; however, the complainants were adamant Mr. Overcash has remained living in the camper trailer. She stated since she was unable to determine whether or not Mr. Overcash was residing in the camper trailer, she forwarded the matter to the Board for consideration. In response to Chair Garcia, Ms. Salzman stated the Code specifies that a principal dwelling is a structure. Commissioner Kirkmeyer stated there is no principal dwelling on the property; therefore, it appears the camper trailer is being utilized as the principal dwelling and she recommended that Mr. Overcash disconnect the electricity to the camper, in order to make it clear to the neighbors that he is not residing in it. Chair Garcia stated the matter can be easily remedied by Mr. Overcash disconnecting the camper trailer from the electricity and he appreciates Mr. Overcash's efforts to comply. Commissioner Rademacher moved to dismiss ZCV #0900223 against Robert Overcash. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0900219 - CHRISTENSEN: Ms. Salzman presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.M, 23-3-40, 23-3-40.O and 23-3-40.R of the Weld County Code. To bring the property into compliance, a Use by Special Review (USR) Permit application must be submitted or the business must be removed from the site. She stated the property is currently in violation of the Code, due to the presence of construction materials, and in order to have a business within the A (Agricultural) Zone District, it must meet the definition of a home business, which does not include outside storage. She recommended the matter be referred to the County Attorney with the instruction to delay action for Hearing Certification, Zoning Violations October 20, 2009 Panes A 2009-2715 PL0824 30 to 60 days, depending on where the property owner is at in the process of obtaining a storage rental property. Kirk Christensen, property owner, stated the business is a family owned construction business and it is not based out of his home; however, the storage yard being utilized was no longer available in July, 2009, and the family is searching for another storage area. He requested six months to be able to locate a new storage site. Dwight Christensen, partial owner of the business, stated the parent company of the business filed for bankruptcy, and it included the warehouse and storage space. Mr. Christensen stated his family has started another company under another name and has had to move all of the materials out of the former storage space. He stated the business is in the process of procuring another office and storage area; however, he is unsure how long it will take to do so. He stated one potential site has adequate storage space; however, it does not contain enough office space and another potential site the opposite issue. Mr. Christensen stated he was naive regarding the zoning matters and had limited options available for relocating the materials. He requested a minimum of three months to obtain the necessary storage space; however, he offered to rearrange the materials on the property. Commissioner Kirkmeyer stated it will be better if the materials are organized in a more aesthetically pleasing way. She stated if the Board grants three months, the deadline will be in the middle of January, 2010. Mr. Christensen stated he would prefer six months; however, he will defer to the Board's decision. In response to Chair Garcia, Mr. Christensen stated the piles of construction materials are approximately six feet high. Responding to Commissioner Kirkmeyer, Ms. Salzman stated the property is in a subdivision the Department monitors regularly; however, the matter was brought to staff's attention as the result of a neighbor submitting a complaint. In response to Commissioner Rademacher, Ms. Salzman stated in order to be eligible for a USR the business must meet the requirements for a home business, which it currently does not. In response to Mr. Christensen, Ms. Salzman stated none of the materials can be visible from the outside of the home for a home business. Commissioner Kirkmeyer stated she is concerned three months will not be adequate time for the property to be brought into compliance. Commissioner Rademacher stated he is willing to grant six months. Mr. Christensen stated he will be able to bring the property into compliance within six months. Commissioner Rademacher moved to refer ZCV #0900219 against Kirk Christensen to the County Attorney for legal action, with the instruction to delay action upon such referral until April 20, 2010, to allow adequate time for the construction materials to be removed from the property. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0900175 - WEISS/SHELEY: Ms. Salzman presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.H of the Weld County Code. To bring the property into compliance, a Use by Special Review Permit application must be submitted or the business must be removed from the site. Ms. Salzman stated she is unsure if the property owner received the notification regarding today's hearing and she inquired as to whether or not the Board prefers to continue the matter in order to ensure the notice is delivered via certified mail. In response to Commissioner Rademacher, Ms. Salzman clarified the notice for the initial hearing was delivered; however, she is unsure if the postcard she mailed regarding the continuation of the matter to today's date was received. Commissioner Kirkmeyer moved to continue ZCV #0900175 against Michael Weiss and Pamela Sheley to November 20, 2009, in order to ensure proper notification of the hearing is received by the property owners. Commissioner Rademacher seconded the motion, which carried unanimously. Hearing Certification, Zoning Violations October 20, 2009 Pang. 7 2009-2715 PL0824 ZCV #0900195 - WEBER: 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, the derelict vehicles must be restored, evidence of current registrations must be submitted, and the shingles being stored on the roof must be utilized or removed. She stated there is currently a screened area on the property; therefore, the vehicles could be placed behind the screened area to bring the noncommercial junkyard into compliance. She recommended referring the matter to the County Attorney with the instruction to delay action for 30 days. In response to Chair Garcia, Ms. Salzman stated half of the roof has been shingled; therefore, the shingles are not the matter she is most concerned with. Ms. Salzman stated there are two vehicles she could not verify were licensed and operational and there is a small amount of wood needing to be cleaned up. Anna Weber, property owner, inquired as to whether this matter was brought to staff's attention as the result of a complaint received from a neighbor. Ms. Salzman stated she is unsure if the complaint was from a neighbor; however, the matter was brought to staffs attention as the result of a complaint from the public. Ms. Weber stated she is 79 years old and she does the best she can to keep the property in compliance. She stated her son, Robert Weber, has been working seven days a week at his job since May, 2009; however, he is working to help her to bring the property into compliance. Mr. Weber stated the shingles on the roof are the result of an insurance claim; however, he has not had enough time to complete the project. He stated his brother completed the first half of the roof, and he has completed approximately one -quarter of it and he will continue to work on it. He stated he is lucky to have a job in these tough economic times; therefore, he has chosen to dedicate his time to his job and this caused him to get behind on some of the projects at home. He stated he has removed some of the dead trees from the property and burned some of the smaller dead foliage. Mr. Weber stated the reason the white Camaro is not behind the fence is because he will have to utilize a tractor to relocate it and the process will destroy the vehicle. He stated his son lost the key to the vehicle and he will have to replace the ignition, which he intends to do when he can afford to do so. He stated the brown truck has been sold to his brother and the van has been removed from the property. Mr. Weber stated the yellow trailer belongs to a friend of his who wanted him to redo the deck; however, the friend is unable to pay for the repairs; therefore, he is unsure of what to do with the trailer. He stated he will ask the friend to register the yellow trailer; however, he has not registered other trailers on the property which are not in use, including a white trailer, since he was unaware it was necessary to do so. In response to Mr. Weber, Chair Garcia stated if Mr. Weber chooses not to register the vehicles, the property may be brought into compliance by screening the vehicles. In response to Commissioner Rademacher, Mr. Weber stated 30 days will be an adequate period of time for him to bring the property into compliance. Chair Garcia gave the opportunity for public testimony; however, there was none In response to Chair Garcia, Mr. Weber stated he will take the remaining wood to a location within the City of Longmont which recycles wood. Mr. Weber stated he is not willing to remove the shingles from the roof before the project has been completed; however, the shingles have been moved to the back of the roof and are out of sight. Commissioner Rademacher moved to refer ZCV #0900195 against Robert and Anna Weber to the County Attorney for legal action, with the instruction to delay action upon such referral until November 20, 2009, to allow adequate time for Mr. Weber to screen, remove, or register the derelict Hearing Certification, Zoning Violations October 20, 2009 Panes R 2009-2715 PL0824 vehicles, to remove the wood from the property, and to complete the roof or remove the unused shingles. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0900143 - COGBURN: Ms. Salzman presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-20.A, 23-3-30, 23-3-30.1, 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 -ways Commissioner Rademacher moved to refer ZCV #0900143 against Jessie Cogburn back to the Department of Planning Services. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ZCV #0900186 - MAGALLANES: 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 and 23-3-30.M 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 right-of-way, and a Zoning Permit for a Commercial Vehicle must be submitted or the vehicle must be removed from the site. She stated the property does not have an address assigned to it since there is not a home on it. She stated there is a dump truck on the property which needs to be permitted or removed from the site, in order to bring the property into compliance, and this is the second time the property has been in violation due to a commercial vehicle. She recommended the matter be referred to the County Attorney for immediate legal action. Christine Trujillo, property owner, stated there were two dump trucks on the property when she was notified the property was in violation the first time and one of the dump trucks was removed from the property at that time, and she has not received any notification that the property was still in violation until recently. In response to Commissioner Rademacher, Ms. Salzman stated the property is not allowed one commercial vehicle as a use by right since it is within a subdivision. In response to Chair Garcia, Ms. Trujillo stated she attended the previous violation hearing for the property and she was instructed to remove one of the dump trucks and she was never notified the second vehicle was in violation of the Code. In response to Commissioner Rademacher, Ms. Salzman stated Ms. Trujillo can apply for a permit to have one commercial vehicle; however, it may not be approved. Ms. Salzman stated she may have performed the inspection at a time when the dump truck was not present on the property; however, it has never been a use by right to have a commercial vehicle in a subdivision. Ms. Trujillo stated she is currently trying to sell the vehicle, it is presently posted on an advertising website, Craig's List, presently, and she has received numerous phone calls from people who are interested in purchasing the vehicle; however, it is a difficult economy. She stated there is a man who wants to purchase the vehicle; however, the person he wants to relocate the vehicle is presently out of town. She stated 30 days should be an adequate period of time for the matter to be resolved. Chair Garcia gave the opportunity for public testimony; however, there was none. Commissioner Rademacher stated he is willing to grant 60 days for Ms. Trujillo to resolve the matter. Commissioner Kirkmeyer moved to refer ZCV #0900186 against Sergio Magallanes and Christine Trujillo to the County Attorney for legal action, with the instruction to delay action upon such referral until December 20, 2009, to allow adequate time for Ms. Trujillo to sell the vehicle. The motion was seconded by Commissioner Rademacher, and it carried unanimously. Hearing Certification, Zoning Violations October 20, 2009 Pane A 2009-2715 PL0824 ZCV #0900226 - HILL: Ms. Salzman presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-20.A, 23-3-30, 23-3-30.1, 23-3-40, 23-3-40.C, 23-3-40.C.7, 23-3-40.R and 23-3-40.V of the Weld County Code. To bring the property into compliance, a Use by Special Review Permit application must be submitted, or the business must be removed from the site, and the camper trailer must be in operating condition and maintain current license plates, or it must be completely screened from all adjacent properties and public rights -of -way. In response to Chair Garcia, Ms. Salzman stated she has mailed the property owner the pre -application request form, which is the first step to apply for a USR permit. Ms. Salzman stated Sylvia Davis, girlfriend of the property owner, indicated they will move to a new location or apply for the USR permit. Larry Hill, property owner, stated he is struggling to determine whether to close the business. Mr. Hill stated he is unsure whether their activity constitutes a business or is simply a hobby. He stated that he and Ms. Davis collect vintage cars and trailers, and he owned a business in Albuquerque, New Mexico; however, he has not fully operated the business since he has relocated to the State of Colorado. He further stated one vehicle at a time is refurbished within his garage and then the vehicle is either sold or added to his personal collection. Mr. Hill stated he has constructed a fence on the property to shield the unregistered vehicles, and all of the vehicles which are visible from the street have been licensed and registered. He further stated he has been working on cleaning up the property, and there are no longer any signs on the property. He stated he researched renting another property for the vehicles to be placed on; however, it is not economically feasible. He stated the vehicles are not his sole source of income. In response to Commissioner Rademacher, Ms. Salzman stated a USR permit may be a solution for bringing the property into compliance, since Mr. Hill has no employees coming to site; however, there is still quite of bit of outside storage on the property. Ms. Salzman stated the matter was brought to her attention as the result of a neighborhood complaint. She stated Ms. Davis indicated she and Mr. Hill repair and sell the vehicles and they do not want to be limited to the number of vehicles they may sell per year. Mr. Hill inquired as to what constitutes a business, as opposed to a hobby. He stated he restores one classic car and sells it before he begins to restore another vehicle. He further stated he understands he cannot sell more than three vehicles per year without obtaining a dealer license and obtaining a new location, according to the State of Colorado. In response to Chair Garcia, Stephanie Arries, Assistant County Attorney, stated she is not sure how to monitor the number of vehicles Mr. Hill is selling. Commissioner Rademacher inquired as to whether selling one car constitutes a business. Ms. Arries stated a business remains a business whether or not many items are sold, and if a person is a collector and is not selling any of the items, it is not a business; however, Mr. Hill's activity seems to be a small business. In response to Chair Garcia, Mr. Hill stated he has invited the public onto the property to demonstrate vehicles; however, there are no regular business hours established. Commissioner Kirkmeyer stated she is viewing Mr. Hill's web page and it constitutes a business. Mr. Hill stated he would prefer to be able to keep the web page in order to advertise the vehicles and he is willing to apply for a USR permit if it is necessary to retain the web page. Chair Garcia recommended Mr. Hill apply for the USR permit. Mr. Hill stated he has been researching investing in a new business and he has been considering purchasing a campground for approximately one year; therefore, he will know more once the negotiations are completed. He stated he and Ms. Davis will be moving out of Weld County if they successfully purchase the campground. In response to Mr. Davis, Ms. Salzman stated he does not need to remove his personal trailers from the property or screen them as long as the vehicles are registered and licensed. Mr. Davis inquired as to what the process is to apply for a USR permit. Commissioner Kirkmeyer stated Mr. Davis needs to contact staff in the Department of Hearing Certification, Zoning Violations October 20, 2009 Panes 1n 2009-2715 PL0824 Planning Services if he wants to apply for a USR permit. Commissioner Rademacher stated applying for a USR permit does not guarantee it will granted. Mr. Hill stated 30 days will be a sufficient amount of time for him to know whether he is able to purchase the campground and if he does not successfully purchase the campground, he will begin the USR permit application process. Chair Garcia gave the opportunity for public testimony; however, there was none Commissioner Rademacher moved to refer ZCV #0900226 against Larry Hill to the County Attorney for legal action, with the instruction to delay action upon such referral until November 20, 2009, to allow adequate time for Mr. Hill to apply for a Use by Special Review permit for the property, if a new location has not been purchased. The motion was seconded by Commissioner Krikmeyer, and it carried unanimously. ZCV #0900013 - BOHLING: Ms. Salzman presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-20.A, 23-3-30, 23-3-30.F, 23-3-30.1, 23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance, a Use by Special Review permit application must be submitted or the business must be removed from the site, and the noncommercial junkyard must be restored, removed, or completely screened from all adjacent properties and public rights -of -way. She stated an application for a permit for the mobile home was submitted this morning; therefore, the second dwelling unit on the property is no longer an issue to be considered today. She stated Dawn Thurston, daughter of Nancy Bohling, indicated the tires have been removed from the site. Ms. Salzman clarified that Wendy Inloes, Department of Planning Services, has indicated to her that the fee was not submitted with the application for the Zoning Permit for Medical Hardship for the mobile home; therefore, the matter still requires the Board's consideration. She recommended the case be referred to the County Attorney with the instruction to delay action for 30 to 60 days. Ms. Thurston stated her mother and step -father purchased the dairy farm in November, 1990, and they did not know a permit was required; however, they have been paying the taxes on it. She stated the vehicles shown in the photographs taken by Ms. Salzman are not in use; however, the vehicles are operational. She further stated many of the old vehicles and tires have been removed from the property. Ms. Thurston stated the family was unaware people have been dumping tires on the property without permission, including bus tires which have not been removed from the rims. She stated there were some truck beds discovered behind the manure pile, which she has had removed from the property. She stated there is an office located for the construction company on the property and equipment is stored on the property when it is not being used or maintained at a job site. Ms. Thurston stated there is also a small head of cattle on the property; therefore, there are numerous endeavors taking place on the property. She stated the trailers in the photographs are registered and licensed, and the trailers are used to store construction materials at the job sites. She stated she will begin the USR application process; however, it will likely take longer than the proposed 30 -day timeframe. Chair Garcia clarified the 30 days will be the amount of time granted to begin the application process, not for the USR process to be completed within. Chair Garcia gave the opportunity for public testimony; however, there was none. Commissioner Rademacher moved to refer ZCV #0900013 against Latimer and Nancy Bohling to the County Attorney for legal action, with the instruction to delay action upon such referral until November 20, 2009, to allow adequate time for Ms. Thurston to apply for a Use by Special Review permit. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Hearing Certification, Zoning Violations October 20, 2009 Panes 11 2009-2715 PL0824 This Certification was approved on the 26th day of October, 2009. APPROVED: ATTEST: 1/L l!(/ // -'' .r�L.4 BOARD OF COUNTY COMMISSIONERS WELD OLORADO Weld County Clerk to BY: Deputy Clerk to the CD #2009-10(VI) William F. Garcia, Chair Dougla , jo, n :C -z as/Rademacher Pro -Tern Olx SeanF. Conway 4Barbara Kirkmeyer EXCUSED David E. Long Hearing Certification, Zoning Violations October 20, 2009 Panes 19 2009-2715 PL0824 ATTENDANCE RECORD VIOLATION HEARINGS FOR TH co co / \ as a) k 2 k k w 2 w a VIOLATION NUMBER ADDRESS I 9 ` .\ \ '\ 1. (c/: \ / _ < 9 \ y� _\ ""---. < % \ \ / 3 \ � , rl : / \ K �� } 2 °y/ ,:\ / / J" « / ?5 : rn { �' N . /\r c "c, \ \ 1K \., NAME t 11'17 [7:49.4 /� m / _ > ' \ «\: % \ ` - ' / M/ \ \\ ) , \ \� g _% j / 2,2\»d' ` , ' \ ., i„ �(© J ' /rt2\ . :\ ~ ? \ Hello