HomeMy WebLinkAbout20091595.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on July 14, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long - EXCUSED
Also present:
Acting Clerk to the Board, Sharon Kahl
County Attorney, Stephanie Arries
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Ann Siron
Planning Department representative, Wendi Inloes
Planning Department representative, Kim Ogle
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:
VI #0600041 - LEMAY: 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, the permit
application and all applicable documentation must be submitted to complete the demolition of the
mobile home, all fees paid, and all the inspections completed. Ms. Gregory stated the property
owner had been issued four (4) building permits to connect a manufactured home to a mobile
home. All of the permits have expired. The property owner decided to demolish the manufactured
home and was issued a demolition permit in September, 2008. Ms. LeMay was granted an
extension on that permit, which has now expired. Ms. Gregory stated she reviewed this case with
the plans examiner this morning, and they are planning to conduct an inspection to determine if this
is a dangerous structure, and if so, an abatement procedure will be started. Responding to
Commissioner Conway, Ms. Gregory stated this has been an ongoing process for seven (7) years.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Rademacher moved to refer VI #0600041 against Victoria LeMay back to the
Department of Planning Services. The motion was seconded by Commissioner Conway, and it
carried unanimously.
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BCV #0900050 - DEJOHN: 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 applicable documentation must
be submitted to complete all the inspections on the moved in house, and all fees must be paid.
Staff is requesting this case be referred back to the Department of Planning Services, due to a new
permit being submitted. Neither the property owner nor a representative was present, and there
was no public testimony given.
Commissioner Rademacher moved to refer BCV #0900050 against Gary DeJohn back to the
Department of Planning Services. The motion was seconded by Commissioner Conway, and it
carried unanimously.
BCV #0900065 - TIMKO: Ms. Gregory presented the case report for the record and pursuant to
the case file, this property is in violation of Section 29-3-10 of the Weld County Code. To bring the
property into compliance, a permit application and all applicable documentation must be submitted
for the addition and remodeling of the existing dwelling, all the fees paid, and all the inspections
completed. Ms. Gregory stated a new permit must be submitted to complete all the inspections
needed. Ms. Gregory advised the property owner that the fee for a new permit is $600.00. Joseph
Timko, property owner, stated due to the rising costs of building materials, and all the other issues
associated with this project, he does not have the funds to obtain a new building permit.
Responding to Commissioner Conway, Mr. Timko stated he will need two (2) years to complete this
project, this is the old St. Vrain school house. Mr. Timko stated the original permit took over a year
to obtain, and cost him over $10,000.00. Now FEMA is involved saying he is in a flood -plain;
however, he hired an engineer to do a study and discovered he is not in a flood -plain, which he has
the certification to verify. He had to obtain a LOMA to send to FEMA to take it out of the flood -
plain. Chair Garcia suggested Mr. Timko contact David Bauer with the Weld County Public Works
Department to help him with the questions on the LOMA and flood -plain issues. Ms. Gregory
suggested that the original permit be reopened, and there would be no associated fees.
Commissioner Conway moved to reopen the original Building Permit on BCV #0900065 against
Joseph and Judith Timko, for a two (2) year duration period to complete this project. The motion
was seconded by Commissioner Kirkmeyer, and it carried unanimously.
BCV #0900070 - UIV LAND, LLC: 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 applicable
documentation must be submitted for the new single family dwelling, all the feed paid, and all the
inspections completed. Staff is requesting this case be continued until August 11, 2009. Neither
the property owner nor a representative was present, and there was no public testimony given.
Commissioner Kirkmeyer moved to continue BCV #0900070 against UIV Land, LLC, until
August 11, 2009. The motion was seconded by Commissioner Conway, and it carried
unanimously.
ZCV #0900122 - GUITIERREZJGAONA: 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
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23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. To bring the property into compliance,
the noncommercial junkyard must be restored, removed or screened from all adjacent properties
and public rights -of -way. Ms Siron stated ZCV #0900122 and ZCV #0900123 are both owed by
Tony Guitierrez and Rita Gaona, and are adjacent to each other. Staff is requesting both cases
be referred to the County Attorney's Office for immediate legal action, due to no contact with the
property owners and no progress being made to bring the properties into compliance. Neither the
property owners nor a representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV #0900122 against Tony Guitierrez and Rita Gaona
to the County Attorney for immediate legal action. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
ZCV #0900123 - GAONA/GUITIERREZ: Ms. Siron presented the case report for the record and
pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30 and 23-3-30.1 of
the Weld County Code. To bring the property into compliance, the noncommercial junkyard must
be restored, removed or screened from all adjacent properties and public rights -of -way. This case
was heard with the previous case, and staff is requesting this violation be referred to the County
Attorney's Office for immediate legal action. Neither the property owners nor a representative was
present, and there was no public testimony given.
Commissioner Conway moved to refer ZCV #0900123 against Rita Gaona and Tony Guitierrez to
the County Attorney for immediate legal action. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
ZCV #0800386 - MILLER: 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, 23-3-20.B, 23-3-30, 23-3-40, 23-3-40.L,
23-3-130 and 23-4-140 of the Weld County Code. To bring the property into compliance, evidence
must be submitted for the Zoning Permit; use of a mobile home for a Medical Hardship. If this use
still exists, a letter from a physician must be submitted or the mobile home must be removed. Ms.
Siron stated there has been no contact from the property owner and is requesting this case be
referred to the County Attorney's Office for immediate legal action. Responding to Commissioner
Kirkmeyer, Wendi Inloes, Department of Planning Services, stated this case came before the
Board back in 2000, and Mr. Miller was told by the Board that the mobile home could remain on the
property as long as Mr. Miller's mother was still living. There is a problem getting a doctor's
notification stating that the mother is still needing full time care and is still living in the mobile home.
Responding to Chair Garcia, Ms. Inloes stated there has never been a letter from a doctor stating
the need for full time health care, only letters from Mr. Miller. Staff is needing verification from a
physician to allow this case to continue as a Medical Hardship Zoning Permit. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV #0800386 against Roy Miller to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
ZCV #0900124 - GONZALES: 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
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23-3-105.C of the Weld County Code. To bring the property into compliance, the noncommercial
junkyard must be removed from the site. Ms. Siron stated there has been no contact from the
property owners and no progress made to bring this property into compliance. Staff is requesting
this case be referred to the County Attorney's Office for immediate legal action. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Conway moved to refer ZCV #0900124 against Frank and Jessica Gonzales to the
County Attorney for immediate legal action. The motion was seconded by Commissioner
Rademacher, and it carried unanimously.
ZCV #0900068 - CONTRERAS: 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 or removed from the site. Ms. Siron stated there has been no contact
from the property owner and no progress in bringing the property into compliance. Staff is
requesting this case be referred to the County Attorney's Office for immediate legal action. Neither
the property owner nor a representative was present, and there was no public testimony.
Commissioner Rademacher moved to refer ZCV #0900068 against Rolando Contreras to the
County Attorney for immediate legal action. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
ZCV #0800406 - GOLDING: 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. Ms. Siron stated there is one derby vehicle that will need to be screened, and she
has talked with Tonya Golding regarding this. The property was in compliance at one time. The
inspection on July 13, 2009, showed the vehicle was not screened. Neither the property owners
nor a representative was present, and there was no public testimony given.
Commissioner Conway moved to refer ZCV #0800406 against Christopher and Tonya Golding to
the County Attorney for immediate legal action. 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 and 23-3-30.G of the Weld
County Code. To bring the property into compliance, an application must be submitted for the
expansion of the current noncommercial junkyard to be a commercial junkyard, or it must be
reduced to the original size that was approved. Staff is requesting this case be referred back to
the Department of Planning Services due to an additional extension granted. Neither the property
owners nor a representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer VI #0100244 against Phoebe Gallegos, do Arthur
Gallegos back to the Department of Planning Services. The motion was seconded by
Commissioner Conway, and it carried unanimously.
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ZCV #0900115 - FOSS: 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 must be restored, removed or screened from all adjacent properties and
public rights -of -way, all household trash must be removed, and the derelict mobile home must be
restored or removed. Staff is requesting this case be referred to the County Attorney's Office for
immediate legal action. Neither the property owner nor a representative was present, and there
was no public testimony given.
Commissioner Rademacher moved to refer ZCV #0900115 against Toby Foss to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
ZCV #0900086 - AMAYA/SIMENTAL: Ms. Salzman presented the case report for the record and
pursuant to the case file, this property is in violation of Sections 23-3-110, 23-3-110.B, 23-3-110.C
and 23-3-110.C.8 of the Weld County Code. To bring the property into compliance, the commercial
vehicle must not park or sag onto the County road's right-of-way. Ms. Salzman stated last year a
Zoning Permit (ZPCV #00026) was approved to allow one (1) commercial vehicle on the property,
and in that permit was a condition stating there was to be no parking or staging of commercial
vehicles on County Roads or Rights -of -Way. This has been an ongoing violation, and there was
a concern that the commercial vehicle would not fit on the property; however, the property owners
assured staff that it would fit and be parked on the site. Since 2008, the commercial vehicle has
not been parked on the property, and at this time, there is a second semi -trailer and truck parked
on -site. Beatrice Amaya and Adolfo Simental, property owners, stated they will be moving the dry
box that is located on the side of the county road as soon as the truck is repaired; they are waiting
on parts. Ms. Amaya stated the semi -trucks are parked on the site. They are moving the blue
truck to a new location east of their property, as soon as a permit is approved. Mr. Simental stated
he pays road taxes and feels they can park the trailers on the rights -of -way. Chair Garcia stated
that is the problem, they can not park there. Mr. Simental stated the neighbor that owns the land
told him he could park there. Chair Garcia stated to the property owners, the condition on which
the permit was granted was that the semi -trailer and truck would be parked on their site. There is
another truck parked on the property that is also in violation because the permit allows for one (1)
only. Ms. Salzman stated staff has discussed the option of applying for a permit on a different site,
they have had several discussions concerning this matter. Responding to Commissioner
Kirkmeyer, Ms. Amaya stated the blue truck does run, and they can move the dry box. Responding
to Commissioner Conway, Ms. Salzman stated once the permits are submitted, it takes four (4)
weeks to be processed. Mr. Simental stated the neighbor has been letting him park on his
property. Chair Garcia asked the property owners if they understand the permit process they went
through allows for one semi -truck and trailer on the site, not on the side of the road? Ms. Amaya
stated they understand completely. Chair Garcia stated that putting the vehicles on his neighbor's
property puts the neighbor in violation also, the vehicle must be owned by the property owner. Ms.
Salzman stated when this permit was requested, the larger lot that is zoned agricultural, had five
(5) semi -trucks parked on the site; this is a trucking business being run from this location. At that
time, the property owners were told they could apply for a Use by Special Review Permit, as Ms.
Amaya and Mr. Simental did not own this property. The property owner did not want to invest in
this permit, so the vehicle were removed. Staff knew this was going to be an issue, and they did
give the option of one (1) commercial vehicle per lot owned, and walked the property owners
through this process. Ms. Salzman has met them on site to cover all the issues and this was given
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to them in writing. All concerns have been addressed a number of times to both the property
owners. They did apply for the one (1) permit, and the other vehicles were removed. The other
vehicles are showing up on this site, which is a violation of the zoning permit obtained. Ms. Amaya
stated they have parked the dry box and a semi -truck at a truck stop, and fuel was stolen from the
vehicle, so that is why they moved both trucks to the site. Ms. Amaya stated the reason she has
not submitted a zoning permit for the other site they own, is because she has been on medication.
Responding to Chair Garca, Ms. Amaya stated they would like to park the semi -truck and trailer
in front of their house on the street. Commissioner Conway stated that the rules prohibit parking
the semi -truck and trailer in front of the house, there is not a way to allow for that. Ms. Amaya
stated she understood; however they pay road taxes and that should allow for these trucks to be
on the roads. Again, Chair Garcia stated the trucks and trailers can not be parked on the road or
rights -of -way. Responding to Commissioner Conway, Ms. Salzman stated they could apply for the
additional permit today. After discussing this matter, Commissioner Rademacher and
Commissioner Conway felt the property owners were working on bringing this violation into
compliance and want to delay action for thirty days. Chair Garcia stated the additional thirty days
would help the property owners on a separate matter to help resolve the issue; however the issue
remains that a vehicle is illegally parked on the side of the road, and there are additional
commercial vehicles parked on a property that only allows for one (1). Commissioner Kirkmeyer
agreed, they are in violation at this time and immediate legal action would be the best option.
Commissioner Rademacher moved to refer ZCV #0900086 against Adolfo and Beatrice Amaya to
the County Attorney for legal action, with the instruction to delay action upon such referral until
August 14, 2009. The motion was seconded by Commissioner Conway and upon a roll call vote
requested by Chair Garcia, the motion was tied, two in favor and two against.
(Clerk's Note: On July 27, 2009. Commissioner Long reviewed CD 2009-07VI. During the regular
meeting on July 29, 2009, Commissioner Long stated he had reviewed the record and written
documentation. Based on his review, he voted to support the motion made by Commissioner
Rademacher and seconded by Commissioner Conway, and the motion carried three to two.)
ZCV #0800408 - GRECKEL: 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.B, 23-3-30, 23-3-30.1,
23-3-30.L, 23-3-40 and 23-3-40.O of the Weld County Code. To bring the property into
compliance, the camper trailer must not be used as a dwelling unit, the noncommercial junkyard
must be restored, removed or screened from all adjacent properties and public rights -of -way, and
the storage unit must remain mobile and have current license and registration, or be removed from
the site. The commercial business must have a Use by Special Review Permit application
submitted, or also be removed. Michael Greckel, property owner, stated they are moving from this
property and all the vehicles are for sale. An auction is set up for the end of August, and everything
will be sold.
Commissioner Conway moved to refer ZCV #0800408 against Michael Greckel to the County
Attorney for legal action, with the instruction to delay action upon such referral until
September 14, 2009, to allow adequate time for the property and vehicles to sell, and the property
owners to move from the site. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
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ZCV #0900103 - KATZENBERGER: 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.M
of the Weld County Code. To bring the property into compliance, the recreational vehicle must be
disconnected from all utilities, and be mobile. Also, a Zoning Permit application must be submitted
and approved, for one (1) commercial vehicle, and all others must be removed. Staff is requesting
this case be referred back to the Department of Planning Services due to a Zoning Permit being
submitted. Neither the property owner nor a representative was present, and there was no public
testimony given.
Commissioner Rademacher moved to refer ZCV #0900103 against Michael and Tracy
Katzenberger back to the Department of Planning Services. The motion was seconded by
Commissioner Conway, and it carried unanimously.
ZCV #0900032 - REED: 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 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, the lot will need a Recorded Exemption application
submitted, or the business and storage must be removed. David Reed, property owner, stated
there is farm ground surrounding this property. The brick company on -site was using only 1/10 of
an acre. Mr. Reed stated all the trucks will be removed, and he is requesting a two (2) month
extension. The property the brick company is relocating to a new location that is not screened at
this time, This will need to be completed before the trucks can be completely stored on the new
site.
Commissioner Rademacher moved to refer ZCV # 0900032 against David and Billie Reed to the
County Attorney for legal action, with the instruction to delay action upon such referral until
September 14, 2009, to allow adequate time for the brick company and equipment to be removed
from the site. The motion was seconded by Commissioner Conway, and it carried unanimously.
ZCV #0900138 - VARRA COMPANIES, INC.: Ms. Salzman presented the case report for the
record and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30,
23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance, a
Recorded Exemption application must be submitted, also a Use by Special Review application must
be submitted at the same time as the Recorded Exemption application, or the business must be
removed from the site. Responding to Chair Garcia, Ms. Salzman stated there was a Use by
Special Review Permit for a gravel pit; however, the gravel pit has been reclaimed, and the money
has been released. Chris Varra, and Garrett Varra, property owners, and Brad Janes,
representative, were present, and Mr. Janes stated this company has been located on this site for
a number of years. This northwest quarter of land is one of the oldest permitted mining operations
in the state of Colorado. In 1995, it was requested through the State to release the property, and
in January, 1998, the Department of Planning Services contacted the property owners and in
January, 2008, a violation was issued for this site. The property owners do not believe they are in
violation, because since January, 2008, they have been acting in good faith to remedy the situation
in respect to the County permitting processes. The problems with this case are tied up in the pre -
application process itself. There has been a great deal of money involved in trying to bring this site
into compliance. In being released from the State, the site has been reclaimed, and the Use by
Special Review Permit is no longer applicable. There have been three (3) Use by Special Review
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Permits on this property. The first was for the original permit that occurred about 1979, and in
1985, a second USR was applied for and that expanded the operation into the northeast quarter
sections. The County did request Varra Companies vacate all the USR's associated with this site.
In February 29, 2009, the County released all three of the USR's. The letter of release was held
until May 2009, by the Department of Planning Services. The mining equipment and operating
supplies left on the site are now in violation of the County Zoning. If the property owners only
released the third and/or the second USR, the original USR would have left this site as an approved
mining operation and this property would have remained in compliance. There was a shop on the
site that was being used to service and repair the heavy equipment while the land was being mined,
and that use is still in effect for the surrounding mining operating that still exists in Section 31. This
operation is comparable to any agricultural situation were there are several farms spread out over
many sections and there is one area where the equipment is repaired and serviced. Mr. Janes
stated if they had they been properly advised that vacationing the USR,s would put several
structures on the site out of compliance, they would have considered not vacating the first original
Use by Special Review Permit. Now, there are time frames on which they need to bring the
property into compliance. They have never been formally notified, and this is a technical point;
however, when you have worked with the State and the County for three decades to keep these
properties in compliance, and have kept the USR's in compliance this is a consideration. These
property owners are of high integrity, and they have never had a problem getting things approved
prior to the pre -application process. On February 21, 2009, they had considered splitting this lot
from the larger portion, maintain it's commercial potential, and maybe broaden it's commercial
actives. There would have been additional costs involved in hiring a surveyor and an engineer to
coordinate the modified urban drainage criteria. Responding to Chair Garcia, Mr. Janes stated the
property owners have made three attempts to submit the pre -application, to which there are severe
processing problems with the pre -application and the modified urban drainage criteria. They would
like to eliminate the deadline in submitting the application. The problem is trying to tie this property
into some kind of Use by Special Review Permit. Between February and June of 2009, all of the
materials that were stockpiled were removed at considerable time and cost to the property owners.
The equipment was moved and relocated to lessen the visual impact to the property. The function
of the shop has not changed, it is still the same as it was in the over-all life of the mining
operations. They will continue to work to submit the Recorded Exemption and the Use by Special
Review Permit. They would like to be relieved of this violation, and of the deadline due to the
sincere efforts made by the property owners to remedy this problem. Responding to Commissioner
Rademacher, Garrett Varra stated the shop would remain on this site, there are no future zoning
permits anticipated. Mr. Varra lives on this site by the lake and they want to let the land convert
back to agricultural zoning. The only equipment repair is for this company, and they do not sell the
heavy equipment for the mining operation. Mr. Janes stated the entire property is screened from
all adjacent properties and public rights -of -way by a tree line that was installed at a considerable
cost to the property owners. Responding to Chair Garcia, Kim Ogle, Department of Planning
Services, stated staff has been working with the property owners for approximately one year on
this.
Commissioner Rademacher moved to dismiss ZCV #0900138 against Varra Companies, Inc., with
the understanding that the property owners will continue to work with the Department of Planning
Services on submitting a Use by Special Review application for this site. The motion was seconded
by Commissioner Conway, and it carried unanimously.
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ZCV #0900141 - CARLSON: 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 or removed from the site. Ms. Salzman stated there is a recreational vehicle that is being
lived in by the residents, which is another issue that will need to be addressed by the County
Attorney's Office. There is no dwelling unit on this site, so there is no allowance for a
noncommercial junkyard, and the recreational vehicle is asked to be abated as a dwelling unit and
if not licensed, be removed from the site. Roland Jones, neighbor, stated the site is rented by
someone with the intent to buy. They moved in at night, bringing in seventeen cows and six horses.
The animals are neglected and are in bad shape. One of the horses suffered a severe rope burn,
and the animal could not move for over a week, there is no water or sewer on this site, so one of
the other neighbors had to carry water from her property to water the horses, they had been without
water for a long period of time. The renter has hauled more junk on the site, and yesterday he
hauled one load out and two loads in. Mr. Jones said Richard Carlson needs to be responsible for
this property. He buys property, re -does the sites, and this renter picks up all the debris and junk
and hauls it to this site. This may be the fourth violation on this property, and he feels Mr. Carlson
is a repeat offender. He needs to have a fine attached with this violation so he will sell this property
and get the renter out of there. George Kennedy, neighbor to the east, stated the Carlson's
property is a mess, and the pictures do not justify the condition. The renter has built a pen that is
on the edge of the road, right up against the right-of-way for the road. This is a traffic concern, at
night someone could clip that fence. This is a nice area, and the Carlson's property needs to be
cleaned up. Responding to Commissioner Rademacher, Mr. Kennedy stated there is a horse in
metal panels, which is right up to the edge of the road. Rose Guyer, neighbor, stated there are
three calves on -site that run all over, they are not fenced. There is a lot of junk on this property,
and she has given the horses water due to them not being cared for. The junk is just like a trash
yard, and she is concerned about rodents and other pests. Responding to Chair Garcia, Ms.
Salzman stated there is a public safety issue with the metal panels, and she will contact the
Department of Public Works and the Weld County Sheriff's Office.
Commissioner Conway moved to refer ZCV #0900141 against Richard and Michaeleen Carlson
to the County Attorney for immediate legal action. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
ZCV #0900174 - LACOE: Ms. Salzman presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.R of
the Weld County Code. To bring the property into compliance, a Use by Special Review Permit
application must be submitted, or the business must be removed from the site. Ms. Salzman stated
Daniel LaCoe is moving from the site, and is in the process of packing up the shop and house. He
is requesting two (2) months to complete. Daniel LaCoe, property owner, stated he had this
business for approximately thirteen years, and there is a legal place of business located in
Brighton, as well as Idaho Springs. Occasionally equipment is brought to this property. The shop
has vehicles that are being restored, and there is a paint booth inside this structure. The vehicles
that are on this property are not visible, they are not commercial, and they are not junk; they are
collector vehicles and are in good condition. Mr. LaCoe stated he has decided to move due to the
harassment by the neighbors. He is cleaning up the property and yard with the equipment he has
available. Responding to Chair Garcia, Mr. LaCoe stated this is his busy time of year, and this
project will take some time to complete. This property is listed as his primary business; however,
he does have the two other locations. This issue has gotten out of hand, and there have been
Hearing Certification, Zoning Violations
July 14, 2009
Page 9
2009-1595
PL0824
threats made against him. The Sheriff's Office has been contacted a number of times. Tom
Dehererra, neighbor, submitted pictures and a letter, marked Exhibit "A". He stated the truck left
the property at midnight, which woke him up, so he took pictures. There is equipment coming and
going all the time. The exits from Mr. LaCoe's property is across the street from a school bus
crossing. Mr. Dehererra questioned if there is a supposed to be work shop on the site. This has
been going on for years, and there is a concern about the children's safety. Richard Hernandez,
neighbor, stated this has been going on for the last ten years. There is no respect for the streets
or kids. There was a comment made at a community meeting by Mr. LaCoe stating the children
should be kept off the roads, that it is more important that the trucks be driven though there. Mr.
Hernandez stated this is a small community, and the kids are out playing. He is concerned about
his grandchildren getting run over, and he is not the only grandparent or parent with this same
concern. There is heavy equipment coming in at all hours. Mr. Hernandez stated he paints cars
and is questioning if the shop on the site is up to code. He stated a body shop has been in
operation for four or five years. Daniel Hernandez, neighbor, stated one of Mr. LaCoe's drivers
told him to keep his grandchildren off the street. There is heavy equipment coming in and out
every day, and he watches his grandchildren every day. He stated he has lived in this house for
forty-eight years, and it's not right, he has walked on the streets and had no problems before this.
Mr. LaCoe stated he would like a copy of the pictures presented today to the Board, and the Health
Department was contacted previously, and verified that the shop was not operating as a
commercial business.
Commissioner Conway moved to refer ZCV #0900174 against Daniel LaCoe to the County Attorney
for legal action, with the instruction to delay action upon such referral until August 14, 2009, to
allow adequate time for the property owner to move from the site. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
ZCV #0900119 - BINDER: 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 sixth mobile home must be
removed from the site, and the remaining mobile homes must have all the zoning and building
permits. Ms. Salzman stated there is evidence that the mobile homes have had several evictions
due to non-payment of rent; this violates the Accessory to the Farm Zoning Permits. Howard
Binder, property owner, stated he has had to justify who lives in the trailers, and there was a
complaint that some of the tenants do not work for him, he has operated dairies for the past thirty-
five years and at the present time, there are two boys living at the site have that worked for his wife
and for him part time. Responding to Commissioner Conway, Ms. Salzman stated the properties
that belong to Mr. Binder's wife are in Aurora, they are rental properties, not farms. The two renters
are hired by, and compensated by Mr. Binder's wife, and they are also charged $700.00 a month
for rent, which strictly violates the Accessory to the Farm Permits. Responding to Commissioner
Conway, Mr. Binder stated he charges rent based on how many hours they work for the dairy.
Responding to Commissioner Rademacher, Wendi Inloes, Department of Planning Services, stated
staff is concerned that the names given to justify the Accessory to the Farm do not work for Mr.
Binder. The condition of the mobile homes are a concern. There may be some safety issues with
the mobile homes being up to code. The evidence that was presented to staff is not matching the
evidence from the evictions, the renters were told they could rent for a year; however, they were
not working for Mr. Binder and they were not aware that these mobile homes were an Accessory
to the Farm.
Hearing Certification, Zoning Violations
July 14, 2009
Page 10
2009-1595
PL0824
Commissioner Rademacher moved to refer ZCV #0900119 against Howard Binder to the County
Attorney for legal action, with the instruction to delay action upon such referral until
August 29, 2009, to allow adequate time for the property owner to remove two (2) mobile homes
from the site. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
This Certification was approved on the 20th day of July, 2009.
ATTEST: Ir ) DQ / J iARD OF COUNTY COMMISSIONERS
Lp CO _COLORADO
L a -
CD #2009-07 VI
Douglas
fa.
Sege P. Conway
rbara Kirkmeyerl
EXCUSED
David E. Long
Hearing Certification, Zoning Violations
July 14, 2009
Page 11
2009-1595
PL0824
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