HomeMy WebLinkAbout20090333.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on February 10, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Sharon Kahl
County Attorney, Stephanie Arries
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Ann Siron
The following business was transacted:
I hereby certify that a public hearing was conducted to consider whether to authorize the County
Attorney to proceed with legal action against the individuals named for violations of the Weld
County Zoning Ordinance. Cases were heard as follows:
ZCV #0800306 - CISNEROS: 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 23-3-150,
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 remaining derelict vehicle must be restored or removed from the site. Ms. Siron
stated this case was continued from January 13, 2009, to allow staff adequate time to notify the
property owners of the violation hearing date. There has been no contact and no progress from
the property owner, and staff is requesting this case be referred to the County Attorney's Office for
immediate legal action. Neither the property owners nor a representative were present, and there
was no public testimony given.
Commissioner Rademacher moved to refer ZCV #0800306 against Jason and Tina Cisneros to the
County Attorney for immediate legal action. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
VI #0600288 - ICE: Peggy Gregory, Department of Planning Services, presented the case report
for the record and pursuant to the case file, this property is in violation of Sections 29-3-10 and
29-8-40 of the Weld County Code. To bring the property into compliance, a Building Permit
application for the addition to the dwelling must be submitted, all fees paid, and all the inspections
completed. Ms. Gregory spoke with Danny Ice on February 3, 2009, and confirmed that the
violation hearing notification was received. In 2003, Mr. Ice was issued a Building Permit for the
addition to his home; however, on March 18, 2008, the permit expired from lack of inspections. A
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new permit was applied for; however, was never issued and has now expired. Mr. Ice stated his
home is in the process of foreclosure, and he does not have the funds to complete this project.
He is requesting a withdrawal of the permit, and staff will need a letter stating this; however, Mr.
Ice has not submitted the letter, and has not been in contact with the Department of Planning
Services since than, so staff is requesting an additional thirty (30) days to allow them to contact Mr.
Ice in regard to the letter needed. Neither the property owner nor a representative was present,
and there was no public testimony given.
Commissioner Long moved to refer VI #0600288 against Danny Ice to the County Attorney for legal
action, with the instruction to delay action upon such referral until March 10, 2009, to allow
adequate time for staff to contact the property owner regarding a letter of withdrawal. The motion
was seconded by Commissioner Conway, and it carried unanimously.
BCV #0800114 - NO WORRIES, INC.: 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 29-3-280 of the Weld
County Code. To bring the property into compliance, the Building Permit, along with all requested
information, must be submitted, all the inspections completed, and a Certificate of Occupancy
issued. Ms. Gregory stated they received a compliant regarding this property in 2006, because
the house that had been moved in was being used as a dwelling unit while still on the moving
beams. There were reports of exposed electrical wires, no plumbing and no gas. An inspection
was completed prompting a Building Permit application to be submitted, which then expired. A
violation notice was sent, and a new permit application was submitted; however was never issued
due to the property owner not completing the application. In January, 2009, staff received a report
of new tenants living in the house, and work being done on the dwelling without a permit. All work
has been ordered to cease. The property owner stated the people living in the house were there
without permission, and he has since evicted them. Staff is requesting this case be referred to the
County Attorney's Office for immediate legal action due to this being the second time the home has
been used as a dwelling. Steve Boulter, property owner's brother, stated the occupants were never
allowed to live in the house, and Mr. Boulter has consulted with the County Attorney's Office on this
issue, and was given advice on how to handle this matter. Mr. Boulter stated he would like to meet
with the County Commissioners regarding the problems with the laws, the application of the law,
and the incorporation of Social Services and the Sheriff's Department, on how the law applies to
property owner's rights. Chair Garcia stated they can set up a session to address these issues,
but for now, they need to discuss the violation at hand, which is the Building Permit. Mr. Boulter
stated this house was moved to the site two (2) years ago, and the contractor they had hired moved
into the house without permission. He took over the home, changed the locks and would not leave.
Mr. Boulter stated he confronted him to move out, but was told he would not leave, and he would
have to be evicted. This took a long time and much involvement with the Sheriff's Office and the
Courts. There is no way of dealing with squatters other then evicting them. Responding to Chair
Garcia, Mr. Boulter stated no one is living in the house now, and he could not continue to work on
the house until the squatters were evicted. All that is needed is a plumber to complete that part
of the permit and the inspections will be scheduled.
Commissioner Conway moved to refer ZCV #0800114 against No Worries, Inc. to the County
Attorney for legal action, with the instruction to delay action upon such referral until March 10, 2009,
to allow adequate time for the property owner to complete the work needed, have all the
inspections completed, and a Certificate of Occupancy issued. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
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BCV #0800157 - PIONEER DEVELOPERS, 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 Building Permit application and
all applicable documentation must be submitted, all fees paid, and all the inspections must be
completed. Ms. Gregory stated the property owner was contacted and indicated they would be
submitting a new Building Permit to finish all the inspections; however, this has not been done, and
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 BCV #0800157 against Pioneer Developers, LLC, to
the County Attorney for immediate legal action. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
BCV #0900005 - DEHERRERA: 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, 29-3-40 and 29-8-40 of
the Weld County Code. To bring the property into compliance, the single family dwelling must be
repaired and a Flood Hazard Permit must be obtained, or the dwelling must be demolished.
Appropriate permits must be obtained and all the inspections completed for whichever option the
property owner chooses. Ms. Salzman stated this structure was damaged by fire and an inspection
was completed by the Building Department on June 2, 2008. It was determined that the structure
has substantial damage and the Public Works Department determined that a Flood Hazard Permit
will be required to meet the current requirements. As of September, 2008, Mr. Deherrera was
dealing with his insurance company and was undecided if he was going to repair the structure and
get the Flood Hazard Permit, or demolish the house. Staff is requesting this case be referred to
the County Attorney's Office for immediate legal action due to no further contact with the property
owner and the safety issues involved with the structure being a dangerous building. Responding
to Commissioner Rademacher, Ms. Gregory stated there is more then fifty percent damage to the
house, so it will need to be brought up to current codes, even though the home is in an established
subdivision. This would include the flood hazard permit. Thomas Ray Deherrera, property owner,
stated the insurance company needed a letter from Weld County explaining why the Flood Hazard
Permit was needed. He could not get anyone from Weld County to provide that letter. He stated
he was working with an "Inspector Jim", and had contacted him several times and was told he was
working on it; however, he still has not received any answers. Tom Deherrera, property owner,
stated this house had fire damage and the insurance company told them to tear out the dry wall
and the tile floor. When they applied for a permit, they were told that the damage was over fifty
percent. The insurance company then told the property owners the drywall and the flooring were
the only items covered under their insurance that could be replaced. They have already invested
$90,000.00 in this home, the insurance gave them $40,000.00, and now they owe a great deal of
money and have no house. They have not been given any answers from Weld County or their
insurance company as to what to do in this case. "Jim" is no longer working with Weld County so
Mr. Deherrera stated he is at a standstill. Ms. Gregory stated Dave Bauer, Department of Public
Works, is who Mr. Deherrera needs to contact, and she believes Mr. Bauer has talked with them
regarding this. Kim Ogle, Department of Planning Services, stated the fee for the permit is $180.00
and it takes approximately sixty (60) to seventy-five (75) days to complete. It requires an engineer
report, paid by the applicant. Responding to Commissioner Conway, Dennis Renley, Department
of Building Inspections, stated to determine the amount of damage, the actual cost verses the
assessed value of the property. The actual cost to repair this site is greater then fifty percent so
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there is substantial damage, which was determined by Dave Bauer. There was no prior flood
hazard permit due to this subdivision being constructed prior to the adoption of the flood program
by the County. Responding to Commissioner Kirkmeyer, Mr. Renley stated he completed an
inspection in August, 2008, and there is substantial damage to the building. There is structural
damage to the ceiling supports, fire damage, all the electrical and plumbing needs to be replaced
or repaired, and there is no foundation. Mr. Renley stated this was in the initial report; however,
what he was inspecting was to be sure there was no work being done without a permit, and at that
time there was not. Commissioner Long suggested this case be continued to get more parties
involved to make determinations to remedy this violation. Mr. Deherrera stated he will be leaving
town for approximately five (5) weeks for work, and also stated the homes that are in this
subdivision were built before the codes for flood plains were adopted, so forty percent of the
houses are below the flood plain. To meet the code he will have to bring the house up, and that
will involve tearing the entire structure down and elevating the site. Responding to Commissioner
Rademacher, Mr. Deherrera stated there is no one living in the structure.
Commissioner Rademacher moved to continue BCV #0900005 against Thomas Deherrera until
April 14, 2009, to allow adequate time for the property owners to work with staff regarding the flood
plain issue and what is needed to bring the property into compliance. The motion was seconded
by Commissioner Conway, and it carried unanimously.
BCV #0900006 - LEGACY HOMES OF NORTHERN COLORADO, 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 Building
Permit must be submitted for the new single family dwelling, a certified check must be submitted
for the fees, and all inspections must be completed or the open basement must be secured. Ms.
Gregory stated the permit was issued; however, the check for the fees was returned because of
insufficient funds. Only the initial inspections were completed in January, 2008, and the permit has
expired. There is an open basement on the site, and Mr. Karl Rusch, property owner, was informed
that the hole needs to be secured or a new permit obtained to complete the construction. There
has been no contact from the property owner and 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 Long moved to refer BCV #0900006 against Legacy Homes of Northern Colorado,
LLC, to the County Attorney for immediate legal action. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
ZCV #0800352 - BURCH/JACKSON: 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. Staff is
requesting this case be referred back to the Department of Planning Services. Neither the property
owners nor a representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV #0800352 against Patricia Burch and Jill Jackson
back to the Department of Planning Services. The motion was seconded by Commissioner Long,
and it carried unanimously.
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ZCV #0800200 - CERVANTES: 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. Ms. Siron
spoke with Angie Cervantes on February 6 and 9, 2009, and was told the tenant would be informed
of the violation and start the clean-up of the site or the eviction process would be started. Neither
the property owner nor a representative was present, and there was no public testimony given.
Commissioner Conway moved to refer ZCV #0800200 against Juan Cervantes to the County
Attorney for legal action, with the instruction to delay action upon such referral until March 10, 2009,
to allow adequate time for the property owner and tenant to clean-up the site, or for the tenant to
be evicted. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
ZCV #0800363 - MARTINEZ/MARTINEZ: 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. Luey
Martinez, brother of the property owners, stated he lives on this site. He has contacted the owners
of the vehicles and all the cars will be removed. Mr. Martinez stated he was in the hospital in
September, 2008, and the wood showed up on the property. Responding to Chair Garcia, Mr.
Martinez stated he can clean-up the site within sixty (60) days.
Commissioner Long moved to refer ZCV #0800363 against Richard Martinez and David Martinez
to the County Attorney for legal action, with the instruction to delay action upon such referral until
April 10, 2009, to allow adequate time for the property owners and the tenant to restore, remove
or screen the noncommercial junkyard from all adjacent properties and public rights -of -way. The
motion was seconded by Commissioner Radmacher, and it carried unanimously.
ZCV #0800374 - RAUSCHE: 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, 23-3-150.6 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 property. Ms. Siron contacted Lance Rausche
before the hearing on February 10, 2009, and was told they had some problems with the vehicle's
title, and will need more time to bring this site into compliance. Neither the property owners nor a
representative were present, and there was no public testimony given.
Commissioner Conway moved to refer ZCV #0800374 against Lance and Lynn Rausche to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 10, 2009, to allow adequate time for the property owners to remove the derelict vehicle to
bring the property into compliance. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
ZCV #0800372 - BRICENO: 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, 23-3-150.6 and
23-3-150.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
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property owner and is requesting immediate action by the County Attorney's Office. Neither the
property owners nor a representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV #0800372 against Severiano and Andrea Briceno
to the County Attorney for immediate legal action. The motion was seconded by Commissioner
Long, and it carried unanimously.
ZCV #0800249 - GOODRICK: 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 derelict vehicles must be restored, removed or completely screened from all adjacent properties
and public rights -of -way. Roxanne Goodrick, property owner, stated her father passed away, and
most of the debris is from his property, which was next door and screened. Inclement weather and
working on this project only on the weekends has made this clean-up take longer.
Commissioner Conway moved to refer ZCV #0800249 against James and Roxanne Goodrick to
the County Attorney for legal action, with the instruction to delay action upon such referral until
April 10, 2009, to allow adequate time for the property owners to restore, remove or screen the
noncommercial junkyard from all adjacent properties and public rights -of -way. The motion was
seconded by Commissioner Rademacher, and it carried unanimously.
ZCV #0800287 - JOHNSON: 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.L
of the Weld County Code. To bring the property into compliance, a Zoning Permit for an Accessory
Structure must be submitted or the semi -trailer must be removed, and the camper trailer must not
be utilized as a dwelling, all utilities must be disconnected. Thomas Johnson, property owner,
stated the camper trailer is not operational at this time and is not being used as a dwelling unit,
the semi -trailer has been there since 1990, and he has lived on this site since 1988. In 2003, he
purchased two (2) more semi -trailers. He was not aware that he was in violation until October,
2009. He has since removed two (2) of the trailers; however, he has limited funds due to being in
an accident in 2004. He no longer has a truck, and he is in the process of moving from this site,
so he is needs some time to get everything moved out.
Commissioner Rademacher moved to refer ZCV #0800287 against Thomas and Connie Johnson
to the County Attorney for legal action, with the instruction to delay action upon such referral until
April 10, 2009, to allow adequate time for the property owners to move from the site, removing the
violation. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
ZCV #0800266 - HERNANDEZ: 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 and
23-3-30.1 of the Weld County Code. To bring the property into compliance, the camper trailer must
be removed from the site or disconnected from all utilities at all times, and the noncommercial
junkyard must be restored, removed or screened from all adjacent properties and public
rights -of -way. Ms. Salzman stated this property had previous violations starting in 2003, and again
in 2006. Hilda Hernandez, property owner, and Adrian Hernandez, her son, who will also act as
an interpreter, stated they are needing more time to clean-up the site. Both he and his father work
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out of state, and are now back to start the work needed to bring the property into compliance.
Responding to Chair Garcia, Mr. Hernandez stated the camper trailer is used when they feed the
horses. They use the restroom and water so they are not having to go into the main dwelling. No
one is living in it. Ms. Salzman stated the use of the bathroom in that trailer is a health violation,
and is the complaint that staff has received. Having the utilities hooked up is also a building
violation, due to no inspections for safety concerns, and these will have to be disconnected
immediately.
Commissioner Conway moved to refer ZCV #0800266 against Jose and Hilda Hernandez to the
County Attorney for legal action, with the instruction to delay action upon such referral until
April 20, 2009, to allow adequate time for the property owners to restore, remove or screen the
noncommercial junkyard from all adjacent properties and public rights -of -way, and to remove the
camper trailer from all utility hookups. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
ZCV #0800294 - MARTINEZ LIVING TRUST/CORDLE: 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 screening for the noncommercial junkyard is now in four (4) different materials, the screening
for the front yard must be a wooden fence painted to match the existing fence to reduce the visual
blight the screening now imposes. A list of all the visible vehicles with color and make and
corresponding license plate information must be submitted to check on current registrations, and
all debris must be removed, or screened. Finally, the commercial vehicle must be addressed due
to them being visible year round, through a permit or removing them from the property. Staff is
requesting this case be referred back to the Department of Planning Services. Neither the property
owners nor a representative were present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV # 0800294 against Geraldine Martinez Living
Trust and Jerry Cordle back to the Department of Planning Services. The motion was seconded
by Commissioner Long, and it carried unanimously.
ZCV #0800022 - VELASQUEZ: 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 -ways, and all
household trash must be removed from the site. Ms. Salzman stated this property has previous
violations regarding the noncommercial junkyard from 2005 and 2006. Ms. Salzman presented a
letter and email from the property owner's attorney, marked Exhibit A. Richard Irvin, property
owner's attorney, requested time to complete the clean-up. Frank and Socorro Velasquez,
property owners, and their son, Adam Velasquez, were present, and Ms. Velasquez stated on
August 30, 2007, Mr. Velasquez was in a car accident. He was in the hospital and recovering at
his daughters house for nine (9) months. When they were able to move back home, the house
burned down. They moved usable items from the house and stored these items in the yard,
thinking they could salvage some of the non -damaged items. In June, 2008, they moved back on
the property, and have been working on removing the cars from the site. They have a friend that
works in landscaping and he has offered to help them. Adam Velasquez stated the cars on the site
were his. He was restoring the car bodies as a hobby; however, he has now removed all of the
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vehicles. The debris in the front was from the house that burned, and since he also lives on the
property, he is helping to clean up this violation.
Commissioner Long moved to refer ZCV #0800022 against Frank and Socorro Velasquez to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 10, 2009, to allow adequate time for the property owners to restore, remove or screen the
noncommercial junkyard from all adjacent properties and public rights -of -way. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
ZCV#0800349 - HEIN/OWEN: Ms. Salzman presented the case reportfor 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.V of the Weld County Code. To bring the property into compliance, a Use by Special
Review application must be submitted to determine if it is eligible, or all commercial activity and
equipment must be removed. Ms. Salzman stated there are tenants on the site, High Country
Sales and Trading, Inc., do Oliver Owen, and Pat Jones. Ms. Salzman stated there has been
sufficient progress in removing these tanks, and the parties involved have indicated they do not
want to submit a Use by Special Review application. Pat Jones, tenant, stated that until Ms.
Salzman contacted him by telephone in late November, 2008, he was unaware of the violation. Mr.
Jones stated he talked with the Oil and Gas Commission and was told everything was okay with
them, therefore, he did not realize there would be a zoning problem. As of now, Mr. Jones has
removed one hundred and forty-nine (149) tanks from the site. He has removed the larger tanks
and the smaller ones are left, totaling two hundred and four (204) tanks. They have been working
on hauling them out since last month. Mr. Jones stated it has taken this long to haul out the ones
he has, and it will take at least sixty (60) days or longer to finish up. Mr. Jones stated Troy Swain,
Department of Public Health and Environment, did a walk through and it was determined that there
are no concerns of oil or chemicals being spilled or leaking into the ground. The tanks are stored
for drying purposes and when they are dried they are sold for scrape. Ms. Salzman stated an email
from Troy Swain was provided, marked Exhibit A. Richard Hein, property owner, stated he was
unaware that this had grown into this big of a business. This was vacant farm ground, and he had
allowed Mr. Jones to store some tanks on the site. Mr. Hein stated Mr. Jones is a good person
and he wanted to help him out. Responding to Commissioner Rademacher, Mr. Jones stated they
are moving the tanks to a site that is zoned for a junkyard. Mr. Ogle stated the Use by Special
Review application is $2,500.00 and takes approximately 120 to 150 days to complete the process,
so that would be another option they could consider. After discussing the time used to remove the
first 149 tanks, the Board felt 120 days would be a better time alotment. For the record, Chair
Garcia stated 120 days is a longer time than is usually allowed; however, in this case it is needed
for the tenant to remove the large amount of tanks left on site.
Commissioner Conway moved to refer ZCV #0800349 against Richard Hein and Oliver Owen to
the County Attorney for legal action, with the instruction to delay action upon such referral until
June 10, 2009, to allow adequate time for the tenant to complete the removal of all the tanks stored
on the site, or to submit a Use by Special Review application. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
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VI #0500359 - DE FOE: 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.D, 23-3-30.F,
23-3-30.1, 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, the mobile homes must be permitted or removed, the noncommercial
junkyard must be restored, removed or screened from all adjacent properties and public
rights -of -way, and the camper trailer must be disconnected from all utilities and must not be used
as a dwelling. The Home Occupation application and the Zoning Permit for a Commercial Vehicle
have been submitted and must be approved, or the commercial vehicles and operations must be
removed. Ms. Salzman stated the property owners had wanted the mobile home to be used as a
storage unit, which is not allowed under Weld County Code. Rodney De Foe, property owner,
thanked the Planning Staff and the Board of Commissioners for being so nice and working with
them on this issue. Mr. De Foe stated the mobile home in question was moved on the site for his
wife's mother to live in due to medical problems. Her health deteriorated to the point where she
never did get to move into the mobile home. The mobile home was then used for storage, the
water and electrical utilities were shut off. They never applied for another permit, and are still using
the mobile home as storage. Responding to Commissioner Rademacher, Mr. De Foe stated the
mobile home was manufactured in 1972. Commissioner Rademacher then pointed out to Mr.
De Foe that the mobile home is too old to move, and the only option is to demolish it, as it is
against code regulations to use as storage. Mr. De Foe stated he understands, and will need sixty
days to complete this project. Ms. Salzman stated a Use by Special Review application will be
submitted as the only other option, and if he chooses to demolish it, a permit would be required
also.
Commissioner Rademacher moved to refer VI #0500359 against Dixie, Tammy and Rodney
De Foe to the County Attorney for legal action, with the instruction to delay action upon such
referral until April 10, 2009, to allow adequate time for the property owner to remove the mobile
home or to submit a Use by Special Review application. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
VI #0400212 - WOLLERT: 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 mobile home must be permitted
or removed. Ms. Salzman stated the mobile home on the site no longer meets the Accessory to
the Farm Permit; however, after speaking with Ms. Wollert it may meet the Medical Hardship
Permit. Sandra Wollert, property owner, stated the mobile home was brought onto the site for her
father-in-law in 1996, and she was told at that time, as long as she met the guidelines for livestock
and never received money for rent, she would remain legal. She was unaware of the code or use
changing until 2004, when she was turned in by a friend of her husband, who passed away in 2000.
Ms. Wollert stated her father-in-law still lives in the mobile home and still helps with the animals and
the property. Her father-in-law is 83 years old, has some heart problems, and she thinks he is
getting alzhiemers disease. He loses his balance and cannot climb stairs. Her home is a two story
house and she does not want him to move in with her. Wendi Inloes, Department of Planning
Services, stated there was a time period when the Department of Planning Services changed some
of the permitting process, these were certificates of compliance for Accessory to the Farm. The
problem with these permits was that there was no way of tracking them yearly. In 2004, staff had
determined that this case was no longer an accessory to the farm, and now that Ms. Inloes is
involved, feel that this is more of a Medical Hardship case. There is a change of use permit that
would put it under current regulations of a Zoning Permit that is trackable. There is a $75.00 one
Hearing Certification, Zoning Violations
February 10, 2009
Page 9
2009-0333
PL0824
time fee; however the permit must be renewed every year. Ms. Wollert will need to submit a letter
from her father-in-law's doctor stating the health conditions he is receiving treatment for, and this
must be submitted with the Medical Hardship Permit application.
Commissioner Rademacher moved to refer VI #0400212 against Sandra Wollert to the County
Attorney for legal action, with the instruction to delay action upon such referral until March 10, 2009,
to allow adequate time for the property owner to submit a Medical Hardship Permit application. The
motion was seconded by Commissioner Conway, and it carried unanimously.
This Certification was approved on the 18th day of February, 2009.
ATTEST:
Weld Co my Clerk
BY.
Deputy Cler
CD #2009-02
APPROVED:
BOARD OF C NTY COMMISSIONERS
WELQ Y COLORADO
William F. Gar ' , Choi
s Radem her Pro-Tem
uo g
Sea p P. Conway
ara Kirkmeyer
cf.
David E. Long
Hearing Certification, Zoning Violations
February 10, 2009
Page 10
2009-0333
PL0824
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