HomeMy WebLinkAbout20090554.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on March 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:
BCV #0800058 - NASH: 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 Section 29-3-10
of the Weld County Code. To bring the property into compliance, a Building Permit application and
all documentation must be submitted, and all the inspections completed for the interior remodel of
the existing dwelling. Ms. Gregory stated the property owners will be submitting a new Building
Permit application today after this meeting, and is requesting this case be referred back to the
Department of Planning Services. Patricia and Michael Nash, property owners, confirmed they will
be submitting the permit application today and are working with staff to complete this project.
Commissioner Rademacher moved to refer BCV #0800058 against Patricia and Michael Nash
back to the Department of Planning Services. The motion was seconded by Commissioner
Conway, and it carried unanimously.
ZCV #0800404 - LUTZ: 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 23-3-20,
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 application must be submitted. Staff is requesting this case be referred
back to the Department of Planning Services, due to the property owners submitting a Use by
Special Review application. Neither the property owners nor a representative was present, and
there was no public testimony given.
2009-0554
PL0824
Commissioner Rademacher moved to refer ZCV #0800404 against Wade and Shannon Lutz back
to the Department of Planning Services. The motion was seconded by Commissioner Kirkmeyer,
and it carried unanimously.
ZCV #0800368 - GARCIA: 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, and all trash must be removed from the site. Ms. Salzman stated there
has been no contact from the property owners, and 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 Rademacher moved to refer ZCV #0800368 against Jose, Emma and Maria Garcia
to the County Attorney for immediate legal action. The motion was seconded by Commissioner
Long, and it carried unanimously.
ZCV #0800284 - HIRT: 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. Ms. Salzman stated
there has been no contact from the property owners since October 3, 2008, and is requesting this
case 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 Long moved to refer ZCV #0800284 against Frank and Carol Hirt to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
ZCV #0800295 - BARRAZA/SANCHEZ: 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
rights -of -way, and the commercial vehicles must be removed or the appropriate permits must be
submitted and approved. Staff is requesting this case be referred back to the Department of
Planning Services, due to the appropriate permit applications being submitted by the property
owners. Neither the property owners nor a representative was present, and there was no public
testimony given.
Commissioner Rademacher moved to refer ZCV #0800295 against Roberto and Casilda Barraza
and Juan Sanchez back to the Department of Planning Services. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
Hearing Certification, Zoning Violations
March 10, 2009
Page 2
2009-0554
PL0824
ZCV #0800360 - THOENE: 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
application must be submitted for the operation of a warehouse, or all storage and operations must
be removed. Staff is requesting this case be referred back to the Department of Planning Services,
due to the property owner submitting a Use by Special Review application. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV #0800360 against Keith Thoene back to the
Department of Planning Services. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
ZCV #0800385 - BALDERAS: 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.G 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, or the storage yard and towing facility must be removed.
Staff is requesting this case be referred back to the Department of Planning Services, due to a Use
by Special Review application being submitted by the property owners. Neither the property
owners nor a representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV #0800385 against Manuel and Anita Balderas
back to the Department of Planning Services. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
ZCV #0800354 - LOPEZ: 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. Staff is
requesting this violation be referred to the County Attorney's Office for immediate legal action due
to no contact from the property owner and no progress on bringing the property into compliance.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Conway moved to refer ZCV #0800354 against Luciano Lopez to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
ZCV #0800356 - CHAVEZ/SANCHEZ: 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, a Zoning Permit application must
be submitted, and if the property owner intends to have more than the one (1) commercial vehicle
permitted, a Use by Special Review application must be submitted or all the commercial vehicles
must be removed from the site. Art and Florence Chavez, property owner's son and daughter,
were present, and stated the commercial vehicle belongs to their younger brother. He does not
live on the property; however, he stops to visit with their mother about every Friday. Responding
to Commissioner Conway, Ms. Chavez stated he does spend the night sometimes when her mother
Hearing Certification, Zoning Violations
March 10, 2009
Page 3
2009-0554
PL0824
is sick. Mr. Chavez stated their mother has health problems, and sometimes the younger brother
does spend the night; however, he does not live there, so they were wondering why they need to
pay the Zoning Permit fee. Mr. Chavez stated there are a number of trucks in that area.
Responding to Commissioner Rademacher, Ms. Salzman stated Wattenburg has had many
complaints regarding the number of commercial vehicles in that area. When this violation was
started, the vehicle was on this site for approximately two (2) weeks and he does stay there
occasionally. Ms. Chavez also has a dump truck that is on -site occasionally. Staff has suggested
to the property owners that a Zoning Permit will need to be submitted to allow for one (1)
commercial vehicle to be on the property at any given time. Ms. Chavez stated they will pay the
fee and submit the application. Commissioner Conway stressed to the Chavez' that staff is making
an allowance for the property owner to have either the son's business truck, or Ms. Chavez dump
truck on the site, as long as there is only one commercial vehicle on -site at any given time. Ms.
Salzman stated the Zoning Permit will have to be approved and the surrounding property owners
will have to be in support of the application for it to be approved.
Commissioner Rademacher moved to refer ZCV #0800356 against David Chavez and Antonia
Sanchez 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 submit a Zoning
Permit application. The motion was seconded by Commissioner Conway, and it carried
unanimously.
ZCV #0800325 - ARIAS-LUJAN: 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 application must be submitted, or all commercial vehicles
must be removed from the site. Ms. Salzman stated the property owner was to have the
commercial vehicles and the surplus farm equipment removed from the site in December, 2008;
however, this has not been done, nor has there been any contact from the property owner since
they agreed upon the date. 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 #0800325 against Ranuifo Arias-Lujan to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
Hearing Certification, Zoning Violations
March 10, 2009
Page 4
2009-0554
PL0824
This Certification was approved on the 16th day of March, 2009.
ATTEST:
Weld Cgiinty Clerk t
BY: i/el1
Deputy Clerk o the Board
CD #2009-03
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
iam F Garia Chair
David E. Long
Hearing Certification, Zoning Violations
March 10, 2009
Page 5
2009-0554
PL0824
Hello