HomeMy WebLinkAbout20092289.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on August 31, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair -EXCUSED
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
Acting Clerk to the Board, Elizabeth Strong
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 #0900070 - UIV LAND LLC: 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 permit application and all of the applicable documentation must be submitted for the new single
family dwelling, all of the fees must be paid, and all of the inspections must be completed.
Ms. Gregory stated this case was continued from July 14, 2009, to allow adequate time to notify
the property owner of the violation hearing date. Staff is requesting this case be referred back to
the Department of Planning Services due to the property being in foreclosure. Neither the property
owners, nor a representative, was present and there was no public testimony given.
Commissioner Conway moved to refer BCV #0900070 against UIV Land, LLC, back to the
Department of Planning Services. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
ZCV #0900080 - STEWART: 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 derelict vehicles and the noncommercial junkyard must be removed from the
property, all of the commercial activity must cease, and an application for a zoning permit to allow
one (1) commercial vehicle must be submitted. Ms. Siron stated there are three (3) trucks with
trailers that appear to be related to commercial activity, since the trucks have been seen hauling
derelict vehicles, scrap metal, and golf carts, to and from the site. She indicated one (1) truck and
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one (1) trailer are often parked on the adjacent property. Responding to Commissioner Conway,
Ms. Siron stated the violation was not discovered as the result of a complaint from a surrounding
property owner; it was discovered as a result of staff consistently monitoring the area.
Harold Stewart, property owner, stated he is retired and restores vehicles on his property.
Mr. Stewart stated there is a hot rod, trucks, and two (2) motorcycles located in the garage, all of
which are tagged and insured. He indicated he submitted a letter one year ago stating that he is
not operating any commercial vehicles and he thought the matter was resolved; however, he
continues to receive letters stating there are derelict and commercial vehicles on the property. He
indicated that he helped his neighbor to repair a wrecked vehicle and it was on the property for
approximately six weeks; however, the car has been returned to the neighbor's property.
Mr. Stewart inquired as to why he continues to receive letters and violation notices, while the
neighbors do not, since they have had vehicles without license plates on their property since
January. He indicated another neighboring property has two (2) wreckers, oil trucks, and trailers
located on it, and there are several other neighboring properties containing commercial equipment;
and he has spoken with all of the property owners and none of them have received violation
notices. Responding to Commissioner Rademacher, Mr. Stewart stated all the vehicles on his
property are licensed and insured, and he is not operating a commercial business, although he
repairs equipment for the neighbors when they request assistance. Responding to Commissioner
Long, Ms. Siron stated Mr. Stewart was in violation one year ago, at which time he indicated he did
not operate a commercial business; however, it is the presence of the metal, tires, and derelict
vehicles which brings the property out of compliance. Ms. Siron stated she does her best to keep
up with the zoning violations in this neighborhood; however, there are likely more violations in this
area than the ones she has observed. Responding to Commissioner Conway, Ms. Siron stated if
the vehicle repairs are performed in exchange for money, it is considered a commercial business;
however, it is sometimes hard to draw the line regarding which activity is acceptable and which
activity is not allowed. Ms. Siron stated the tires and scrap metal are not allowed on the property
because it is located in a residential, high density mobile home zone district. Mr. Stewart stated
every vehicle that is on the property is licensed, insured, and in working condition; and he does not
charge his neighbors for the repairs he performs for them.
Commissioner Kirkmeyer moved to refer ZCV #0900080 against Cassandra Stewart, c/o Harold
Stewart, to the County Attorney for legal action, with the instruction to delay action upon such
referral until September 15, 2009, to allow adequate time for the property owner to remove the tires
and debris, and provide proof of registration for all of the vehicles. The motion was seconded by
Commissioner Long. Upon request for a roll call vote, the motion carried three to one, with
Commissioner Conway opposed.
ZCV #0900129 - MOLINA: Ms. Siron presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 23-3-20, 23-3-30 and 23-3-30.M of the Weld
County Code. To bring the property into compliance, the registration for the bus must be changed
from commercial to recreational, or the vehicle must be removed. Ms. Siron stated the property
owner contacted staff and presented the registration, which listed the vehicle as commercial;
however, the bus has been converted to a recreational vehicle; therefore, the registration needs
to be updated. Neither the property owner, nor a representative, was present and there was no
public testimony given.
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Commissioner Conway moved to refer ZCV #0900129 against Fidel Molina to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Long, and it carried
unanimously.
ZCV #0900178 - MATHEWS: 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.A, 23-3-40, 23-3-40.L, and
23-4-130 of the Weld County Code. To bring the property into compliance, evidence for the use
of the mobile home being used for a medical hardship must be submitted, or the mobile home must
be removed.
Alisa Mathews, property owner, stated to staff that she has moved her father into the main dwelling
unit, and she will be moving him into a nursing home in the near future. Ms. Siron stated the
mobile home is unoccupied, and the property owner was mailed a demolition permit application.
Neither the property owner, nor a representative, was present and there was no public testimony
given.
Commissioner Conway moved to refer ZCV #0900178 against Alisa Mathews to the County
Attorney for legal action, with the instruction to delay action upon such referral until
October 31, 2009, to allow adequate time for the property owner to demolish the mobile home. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
ZCV #0800265 - HARRIS: 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, 23-3-30.M, 23-3-40, and
23-3-40.R of the Weld County Code. To bring the property into compliance, the commercial
vehicles and equipment must be removed, or a Use by Special Review Permit application must be
submitted. Staff is requesting this case be referred back to the Department of Planning Services
to ensure that this property will remain in compliance. Neither the property owners, nor a
representative, was present and there was no public testimony given.
Commissioner Conway moved to refer ZCV #0800265 against Rex and Jill Harris back to the
Department of Planning Services. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
ZCV #0900148 - MILLER: 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 properly screened from all of the
adjacent properties and public rights -of -way. Ms. Salzman stated there is currently screening
installed; however, it is not an approved type of screening, and there is debris along the front of the
property.
Starlee Miller, property owner, stated she does not understand why the screening is not an
approved type of screening, since it is the same type of screening being used by some of the
commercial junkyards in the area, and solid fencing will be blown down by the wind. Ms. Miller
stated the front of the property has been cleaned up and the sides have been blocked off. She
stated that there are no houses located on the north or east sides of the property for three-quarters
of a mile. Ms. Salzman stated the Code requires a screening plan to be approved by the
Department of Planning Services and there has not been one submitted by the property owner. She
stated if the property owner would have submitted the screening plan, staff would have notified
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them that the screening they selected is not allowed and that the proposed screening must be
opaque, according to the Code. Responding to Commissioner Kirkmeyer, Ms. Miller stated they
will need approximately two (2) months to complete this project.
Commissioner Long moved to refer ZCV #0900148 against Dale and Starlee Miller to the County
Attorney for legal action, with the instruction to delay action upon such referral until
October 31, 2009, to allow adequate time for the property owner to restore, remove, or screen the
noncommercial junkyard from all adjacent properties and public rights -of -way with an approved
material. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
ZCV #0900147 - MUTH: 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 commercial vehicles must be
permitted, and the noncommercial junkyard must be restored, removed, or screened from all
adjacent properties and public rights -of -way. Ms. Salzman stated the property owner is in the
process of cleaning up the site. Daniel Muth, property owner, stated the crane that was previously
located on the site has been sold at an auction, and his family works in the heavy equipment
business. Mr. Muth stated the yard care vehicles are for a seasonal business that he operates two
to four months out of the year, and the stock trailer, which is covered with a tarp, is being stored
on the property for someone who has lost their home. He stated the trailer is located in the front
yard because it contains a freezer, which must remain plugged into a power source, in order for
the food inside it to remain frozen. Mr. Muth stated there is a ditch behind the property, and he is
not sure how he will fence, or screen, the property, since he cannot afford to build a storage
building at this time; however, he has tried to clean up the site. Responding to Commissioner
Kirkmeyer, Ms. Salzman stated if Mr. Muth will reduce the number of vehicles to one commercial
vehicle and apply for a zoning permit, it will be the cheapest and most efficient way to bring the
business into compliance. Ms. Salzman stated the outdoor storage must be removed, if it is related
to the business, or it must be screened, if it is for personal storage.
Commissioner Conway moved to refer ZCV #0900147 against Daniel and Kathleen Muth to the
County Attorney for legal action, with the instruction to delay action upon such referral until
October 31, 2009, to allow adequate time for the property owner to submit an application for a
zoning permit to allow for one commercial vehicle, to remove the remaining vehicles and
equipment, and to restore, remove, or screen the noncommercial junkyard from all of the adjacent
properties and public rights -of -way. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
ZCV #0900091 - KREAGER: 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, and 23-3-20.O of the
Weld County Code. To bring the property into compliance, an application for a building permit for
the mobile home must be submitted, along with an application for a zoning permit. Ms. Salzman
stated there has been no contact from the property owners and no progress in bringing the property
into compliance. Neither the property owners, nor a representative, was present and there was no
public testimony given.
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Commissioner Long moved to refer ZCV #0900091 against Kenneth Kreager and Margaret Mann
to the County Attorney for immediate legal action. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
ZCV #0900093 - FISCHER: 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, an application for a building
permit for the mobile home must be submitted, along with an application for a zoning permit. Staff
is requesting this case be referred back to the Department of Planning Services due the
applications for a Zoning Permit for a Mobile Home and a Building Permit having been submitted.
Neither the property owners, nor a representative, was present and there was no public testimony
given.
Commissioner Conway moved to refer ZCV #0900093 against Martha Fischer back to the
Department of Planning Services. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
ZCV #0900104 - REIS: Ms. Salzman presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.H 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. Staff is requesting this case be referred back to the
Department of Planning Services due to a Use by Special Review application being submitted.
Neither the property owners, nor a representative, was present and there was no public testimony
given.
Commissioner Conway moved to refer ZCV #0900104 against Anthony and Sherry Reis back to
the Department of Planning Services. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
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This Certification was approved on the 9th day of September, 2009.
APPROVED:
ATTEST: �I �/�'(/v; r
61
Weld County Clerk to th
BY.
Deputy Clerk to the Bo
CD #2009-08 VI
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Dougla
David E. Long
Sean P -Conway
a Kirkmeyer
r, Pro-Tem
Hearing Certification, Zoning Violations
August 31, 2009
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