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Home My WebLink About20091618.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST DANIEL LACOE FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Daniel LaCoe, ZCV #0900174, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 14th day of July, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Daniel LaCoe, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until August 14, 2009, to allow adequate time for the property owner to move from the site to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0900174 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Daniel LaCoe to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until August 14, 2009, to allow adequate time for the property owner to move from the site to bring the subject property into compliance. ((6',n, t ec_ 2009-1618 PL0824 l7 -4v4 VIOLATIONS - ZCV #0900174 - DANIEL LACOE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D., 2009. ATTEST: Weld County Clerk to the B BY Dep APPRO t Clerk t. the Board D AS TO F County At or ey Date of signature. I13Icri BOARD OF COUNTY COMMISSIONERS W LG1 TY, COLORADO iam F. Garcia, Chair �ougla ' adem : cher, Pro-Tem n P. Conway I a iii Barbara Kirkmeyer EXCUSED David E. Long 2009-1618 PL0824 Violation Summary Report BASIC INFORMATION LACOE DANIEL A Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: 11735 JULIUS ST FORT LUPTON, CO 80621 Bethany Salzman ZCV09-00174 11705 JULIUS ST 20042-B PT NE4 25 1 67 BEG N4 COR SEC N89D28'E 911.52' S01D06'E 785' TO TRUE POB N89D28'E 180' S01D06'E 489' S89D28'W 180' N01 D06'W 489' TO TRUE POB SITUS: 11705 JULIUS ST WELD 000000000 Location North South East West South of and adjacent to CR 6 Agriculturally zoned properties with minimum residential uses Agricultural zoning w/ Gravel Mining (USR'S) Agricultural zoning w/ Gravel Mining (USR'S) Agricultural zoning w/ Gravel Mining (USR'S) Parcel Number: 146925100025-R1004696 Acreage: 2.04 Certified Mail Date: 06/23/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. REMEDY We are again receiving compliants of workers coming to the site in the morning, storage of Commercial Vehicles and overall commercial operations again occurring from this property. As a result, the above Violation Hearing has been scheduled. As we have previously discussed, in order for employees to meet at your property, park commercial vehicles on the property, etc a Use by Special Review (USR) permit is required. RECOMMENDATION The Department of Planning Services recommends that this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 06/02/2009 Complaint Validated 06/23/2009 LTTR: Hearing Notification 2009-1618 Violation Summary Report OTHER CASE HISTORY 06/25/2009 Certified Mail Receipt Certified Receipt received - signed. (via WIiDc COLORADO June 23, 2009 LACOE DANIEL A 11735 JULIUS ST FORT LUPTON, CO 80621 Case: ZCV09-00174 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us Legal Description: 20042-B PT NE4 25 1 67 BEG N4 COR SEC N89D28'E 911.52' S01 D06'E 785' TO TRUE POB N89D28'E 180' S01 D06'E 489' S89D28'W 180' N01 D06'W 489' TO TRUE POB SITUS: 11705 JULIUS ST WELD 000000000 Dear LACOE DANIEL A: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 07/1.4/2009 10.00=AM '' The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. To bring your property into compliance with the Weld County Code: We are again receiving compliants of workers coming to the site in the morning, storage of Commercial Vehicles and overall commercial operations again occurring from this property. A a result, the above Violation Hearing has been scheduled. As we have previously discussed, i order for employees to meet at your property, park commercial vehicles on the property, etc a Use by Special Review (USR) permit is required. Page 1 of 2 -n Er m ru 0004 7353 O Q- S Hi r 0 0 r #*tct*Is VIiDc COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX. 970-304-6498 E -Mail: bsalzman@co.weld.co.us This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, Bethany Salz Zoning Compliance Officer II pc: ZCV09-00174 U.S. Postal Servicer, CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance. Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage 8 Fee Sent To Postmark Here 4C?LL2e.+ 1a Street. Apt. Na.; I or PO Box No. `\ .\mot ! 5 ` \LI t, AS r Gay. ≥'tare. ZIPa4 > Page 2 of 2 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY pAgent Addressee 1. Article Addressed to: \ l`j 3 i ci '2uLs- Wvksn, B. Receives (Printed Na e C. Da of Celiv ry --e vtv1U t v• & Z� t IJ�"Iydd� [@ittrem" ❑ Yes CC �CW�iltlrrrll o■14�y.`}�y�' ``rep^s�s�`667e1ow: ❑ No JUN 25 7009 RECEIVED Certified Mail O Express Mall Registered O Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7007 1490 0004 7353 2396 Domestic Return Receipt 102595-02-M-1540 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1004696 Tax Area: 2502 Bordering County: Acres: 2.02 Township Range Section Quart. Sec. 01 -67 - 25 - 1 Owners Name & Address: LACOE DANIEL A 11735 JULIUS ST FORT LUPTON, CO 80621 Business/Complex: Sale Date 9/12/1995 Sale Price $4,000 Parcel#: 146925100025 Subdivison Name Block# Lot# Property Address: Street: 11705 JULIUS ST WELD City: WELD Legal Description Sales Summary Deed Type WD Reception # 2455330 20042-B PT NE4 25 1 67 BEG N4 COR SEC N89028'E 911.52' 501D06'E 785' TO TRUE POB N89D28'E 180' S01D06'E 489' S89D28'W 180' NO1D06'W 489' TO TRUE POB SITUS: 11705 JULIUS ST WELD 000000000 Land Type Residential Land Subtotal: Bldg# 1 Abst Code 1112 Property Type Residential Improvements Subtotal: Total Property Value Account#: R1004696 Owners Name & Address: LACOE DANIEL A 11735 JULIUS ST FORT LUPTON, CO 80621 Building# 1 Built As: Exterior: Land Valuation Summary Unit of Number of Measure Units Site Buildings Valuation Summary Building Details Actual Value Assessed Value $26,000 $2,070 Actual Value $140,740 $166,740 Property Address: Street: 11705 JULIUS ST WELD City: WELD Property Type Residential Individual Built As Detail Ranch 1 Story Year Built: Frame Masonry Veneer NVAC: Assessed Value $11,200 $13,270 Parcel#: 146925100025 2002 Central Air to Air http://maps2.merrick.com/ Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14692... 5/26/2009 Identify Results Page 2 of 2 Interior Finish: Drywall # of Baths: 2 # of Bdrms: 3 # of Stories: 1 Rooms: 0 Garage: Attached SQ Ft: Basement: Total SQ Ft: 884 0 Built As SQ Ft: Roof Type: Roof Cover: Units: 2661 Composition Shingle 0 Detached SQ Ft: 0 Finished SQ Ft: 0 http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14692... 5/26/2009 Document must be filed electronically. Paper documents will not he accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. -Filed Colorado Secretary of State Date and Time: 12/30/2008 11:10 AM ID Number: 20081669032 850.00 Document number: 20081669032 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporation for a Profit Corporation filed pursuant to 7-102-101 and 7-102-102 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name for the corporation is Dan's Custom Consruction, Inc. (The name ofa corporation must contain the term or abbreviation "corporation". "incorporated" "company" "limited" "corp.". inc." "co." or "ltd.". See §7-90- 601. CRS lithe corporation is a professional or special purpose corporation, other law mar app/i.) (Caution: The use of certain terms or abbreviations are res7r acted by law. Read ins! i¢tions for more information.) 2. The principal office address of the corporation's initial principal office is 11705 Julias St. Street address Mailing address (leave blank if same as street address) (Street number and name or Post Office fox information) (Street number and name) Ft Lupton CO 80026 /Cap) (Slate} (ZIP/Postal Code) United States (Province- if applicable) (Country) (City) (State) (ZIP/Postal Code) (Province if applicable) (Counnv) 3. The registered agent name and registered agent address of the corporation's initial registered agent are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) Martinez Donald Raymond (Last) (First) (Middle) (Suffix) Street address 589 London Ave. ARTINC PC (Street number and name) Lafayette (City) CO 80026 (State) (ZIP/Postal Code) Page I of 3 Rev_ 02/28/2008 Mailing address P O Box 338 (leave blank if same as street address) (Street number and name or Post Office Box information) Lafayette CO 80026 (State) (ZIP/Postal Code) (tin) (The following statement is adapted hr marling the box.) ❑✓ The person appointed as registered agent above has consented to being so appointed. 4. The true name and mailing address of the incorporator are Name (if an individual) OR LaCoe Daniel A (Last) (First) (if an entity) (Caution: Do not pyritic both an individual and an entity name.) (Middle) (Suffix) Mailing address 11705 Julies St. (Street number and name or Post Office Box information) Ft Lupton CO 80621 (City) United States • (ZIP/Postal Code) (Province -if applicable) (Country) (/(the following statement applies, adopt the statement hr marking the box and include an attachment.) ❑ The corporation has one or more additional incorporators and the name and mailing address of each additional incorporator are stated in an attachment. 5. The classes of shares and number of shares of each class that the corporation is authorized to issue are as follows. (If the fallowing statement applies, adopt the statement hr marking the box and enter the number o1 shares,) I--� l The corporation is authorized to issue 100 common shares that shall have unlimited voting rights and are entitled to receive the net assets of the corporation upon dissolution. (lf the following statement applies, adopt the statement by narking the boy and include an attachment.) ❑ Additional information regarding shares as required by section 7-106-101, C.R.S., is included in an attachment. (Caution: Al least one box must be marked. Both boa -es may be marked, if applicable) 6. (If the following statement applies. adopt the statement by marking the box and include an atachhment,) ❑ This document contains additional information as provided by law. 7. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the Ibllowing statement applies, adopt the statement by entering a date and, if applicable, time using the required/in-mat) The delayed effective date and, if applicable, time of this document is/are (mmidd/vvy_r hourminute am/pm) ARTINC_I'C I'age 2 of 3 Rev. 02/28/2008 Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 8. The true name and mailing address of the individual causing the document to be delivered for filing are LaCoe (Last) 11705 Julias St. Daniel A (First) (Meddle) (Suffix) (Street number and name or Post Once Box information) Ft Lupton CO 80621 (ON) (State) VIP/Postal Code) United States . (Province —if applicable) (Country) (If the (allowing statement applies. adopt the statement hi' marking the box and include an attachment.) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). AR I INC_PC Page 3 of 3 Rev. 02/28/2008 June 16, 2009 To Whom It May Concern: The problem that I am having is with Dan's Customs running his commercial truck business inside the town limits of Wattenburg. For example: May 20, 2009, Dan's Customs left with town with the semi and low boy trailer around midnight. He arrived back in Wattenberg the following day loaded with a crane. The following week, Dan's Customs was hauling using a dump trailer with the semi. The following day, Dan's Customs hauled a crane again with the semi and low boy as well the next day arrived with his backhoe again. I immediately called Bethany with my complaint. On June 8, 2009; Dan's Customs employees were welding and grinding steel beams at 6:00am as I was leaving for work. This type of work and activities at these hours are causing disruptions to the residents of Wattenburg. I have confronted his private hauler and have asked them to slow down due to the amount of dust and the concern for the safety of the kids and residents of Wattenburg. His trucks have continued operating at unsafe speeds and causing high amounts of dust throughout the town. I have many concerns with the amount of truck traffic and the manner in which they are operating. I have to continually detail my vehicles, have to keep windows closed at the house, and the safety of the Wattnburg residents are just a few that are the top of the list. This has been occurring for over a year now and I have had just about enough. I hope that you can help me with this ongoing problem and something can be done about it. I do have pictures that will support my concerns and other pictures of activities that may concern Weld County and the school district that serves Wattenberg. Thank you for looking into this matter. Thomas DeHerrera Date: 6264 ��u, 4. zoo9 Mien=s..- a a !s 1!'E#i-daMMEM- i 14 -Is )s. ► r ' /. M � ►. r :r *., ' r[ t• : ' o -W t �[t r 41 pi - ► I y ` I � A 4 July 12, 2009 To whom it may concern: We as the property owners of 1840 Mary Ave in Wattenburg, CO are concerned about the business of Daniel LaCoe. We bought our property in Wattenburg in January 2003. He put storage tanks and piles of dirt on his lots next to ours and therefore ruined our chances of selling our lots due to the storage facility he made of his. So then we gave up in trying to keep our lot clean and mowed (as the neighbors can attest to this). We have since came in and cleaned up our lot and would like to see that in the future that his lot is kept clean as well. Sincerely, Jim and Marlena Thompson Owners of 1840 Mary Ave (lots 4&5) in Wattenburg,CO 253 Cherokee Place Lochbuie, CO 80603 RACHAEL DEHERRERA 1736 MARY AVENUE FORT LUPTON, CO 80621 303-659-9766 July 13, 2009 RE: DANIEL LACOE'S RESIDENCE To Whom It May Concern: Mr. LaCoe has been my neighbor for several years. Although he states he is not running his business out of his home, I have to disagree. For several years, every morning very big trucks with flatbeds with heavy equipment leave his home and return to his home in the evening. There are several men that drive their vehicles into his property every morning and leave in these trucks and return in the evening and leave in their own vehicles. My main concern is the safety of the CHILDREN of this community. Our roads are very narrow and we do not have sidewalks for the children to walk or ride their bikes. On the corner of Mary and Julius there is a school bus stop and there are kids there every morning and afternoon during the school year and at times these big trucks are leaving or returning to the LaCoe's residence making very wide turns. With these big trucks coming in and out and if a child happens to be present they may not be able to stop these trucks in time to avoid an awful accident. I am very glad that at this point no accidents have happened. With our small roadways it is only a matter of time. My other concern is our roads were not paved to handle this kind of heavy weight every day. This will destroy our roads with costly maintenance. Sincerely, Rachael DeHerrera -J 1 b S S S a S S S S r S S r R S A S A S • • • ya1 y/5, 7-1/9 i' u,l4onz / 7----/901/ /rW /: ‘V/z/77W2 7gs /E.-//e/Z- 777 GAT r-f&K,(7— ,4// 7/4 777/ // '%i297/ 7 -W -97--(‘O729-477--/ / ktitei hrzr.�-r9/ n(//c= ///77- 7o42� o0 a. 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To give you some perspective; I live directly west of Dan Lacoe's home, he is my neighbor. It has come to my attention that there have been some complaints regarding Mr. LaCoe's commercial vehicles going through our town and now recently and more disturbing, allegations that Dan LaCoe has no regard for the safety of our children and residents of the community. I want you to know there could be nothing further from the truth. Dan LaCoe has always as a resident and business man of our community concerned himself with the needs of our town. He is a very caring person and respects the rights of others. He sat on the board of the Wattenberg Improvement Association until recently, when he resigned due to his move. In the past when we have had large snowstorms he has used his own equipment and manpower to remove the snow from our streets so that the residents of the community could get out. He cleans the snow for many of our senior residents. Yearly he is a sponsor and supporter, both financially and in other aspects of 4-H projects at the Adams County Fair. During the Parade of Lights at Christmas time, he passes out gifts to the children. Does this sound like a person who would put a child's safety or anyone else at risk? What is concerning to me is that Mr.LaCoe was not given an opportunity when appearing a couple weeks ago before the Board of Commissioners when this safety issue was raised to give his side of things. Ms. Kirkmeyer it was my belief that you represent all of us and I am very disappointed that the Board of Commissioners who were present for that hearing did not allow Mr. LaCoe a chance to express his position on this issue. I would think you would want to know all of the information prior to making any decisions. Regarding the commercial vehicle issue. I know for a fact that Mr. LaCoe has always tried to use the least intrusive street in going in and out of his property with his commercial trucks, which normally happens in early morning and when they return from their job in the evening. It is not a constant ongoing traffic all day long. Tommie DeHerrera, who has been one of the most vocal residents with complaints, I believe has a personal vendetta against Dan LaCoe which has been ongoing for a number of years. I have witnessed Mr. DeHerrera racing down the street trying to take pictures of the trucks going out of Mr. LaCoe's property, apparently trying to get a different picture of the same vehicle he had just taken a picture of a few moments earlier. I know this issue is going to become moot in view of the fact that Mr. LaCoe has his home for sale, but I believe you should know some of the other facts on this matter. jLi/ h(?)7 /1 / F/>/C 7 `., L PL- . zooq-/!,/8 IL0r'9ay Ms. Kirkmeyer I always held you in the highest esteem, as did my father Tony Alatore. However I am very disappointed on how the complaints regarding Dan LaCoe have been handled. cc: Commissioner Bill Garcia (Chair)] Commissioner Sean Conway Commissioner David Long Commissioner Douglas Rademacher Henrietta alatore 1786 Mary Avenue Fort Lupton, CO 80621 BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, STATE OF COLORADO TRANSCRIPT OF PUBLIC HEARING IN RE: WELD COUNTY VIOLATION HEARING REGARDING ZCV #0900174, REGARDING DANIEL LACOE. PURSUANT TO NOTICE to all parties in interest, the above -entitled matter came for public hearing before the Weld County Board of County Commissioners on July 14, 2009, at 915 10th Street, Greeley, Colorado, before Sharon Kahl, Deputy Clerk to the Board and Notary Public within and for the State of Colorado, and TRANSCRIBED by Sharon Kahl. I HEREBY CERTIFY that the attached transcript is a complete and accurate account of the above -mentioned public hearing. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO K4 Sharon Kahl Deputy Clerk to the Board i�'L 075_A Li [,r/7 in it//f// YaGr�- /6.(8 APPEARANCES: BOARD OF COUNTY COMMISSIONERS William F. Garcia, Chairman Douglas Rademacher, Pro-Tem Sean P. Conway, Commissioner Barbara Kirkmeyer, Commissioner David E. Long, Commissioner - EXCUSED WELD COUNTY ATTORNEY OF RECORD: Stephanie Arries ALSO PRESENT: Sharon Kahl, Acting Clerk to the Board Daniel LaCoe, Property Owner Tommy Dehererra, Neighbor Richard Hernandez, Neighbor Daniel Hernandez, Neighbor PROCEEDINGS 2 3 CHAIR GARCIA: Item number 23, ZCV #0900174 - LaCoe. 4 BETHANY SALZMAN: Property owner of record is Daniel LaCoe 5 with a mailing address of 11735 Julius Street, Fort Lupton, 6 Colorado, 80621. This is ZCV#0900174. Part of the Northeast 7 quarter of Section 25, Township 1 North, Range 67 West, of the 8 6th P.M., east of and adjacent to Wattenburg. Certified mail 9 was sent on June 23, 2009, and received signed on June 25, 2009, 10 and consists of approximately 2.04 acres in size. To bring the 11 property into compliance, the commercial vehicles should be 12 removed from the site or a Use by Special Review obtained. I 13 did speak to Mr. LaCoe prior to the hearing. He has indicated 14 that he is moving to a new location, ahh, and he is in the 15 process of packing up his house and shop and, ahh, that's why 16 the rush of activity of commercial vehicles. When I saw him on 17 Friday, he indicated he would be out of there in a week. Ahh, 18 today before the hearing, he was requesting two months, so, ahh, 19 depending on what he says when he speaks, and there are adjacent 20 property owners in the area that are here to speak as well. 2I CHAIR GARCIA: Okay. 22 BETHANY SALZMAN: Sorry, I did take pictures. 23 CHAIR GARCIA: Thank you. 1 BETHANY SALZMAN: These were taken on Friday. And these I'm 2 going to let the complainants speak on, because I don't know, I 3 can't explain them for you. 4 CHAIR GARCIA: Okay. Is, ahh, Mr. LaCoe here? Hello, 5 welcome. 6 DANIEL LACOE: How are you doing? 7 CHAIR GARCIA: Great, come on up and, ahh, give us your name 8 and address for the record. 9 MR. LACOE: Dan LaCoe, 11705 Julius Street, Fort Lupton, 10 80621. II CHAIR GARICA: Welcome, tell us a little bit about this 12 matter. 13 MR. LACOE: Well, really, it's pretty simple. I have a, ahh, 14 I've had this business for about thirteen years now. Ahh, we've 15 grown exponentially through the years. I have a substantial 16 amount of equipment. This is not my place of business. I have 17 a legal place of business in Brighton, as well as another one on IS nine acres in Idaho Springs. And occasionally, I bring 19 equipment home to use. In this case we are moving. I have a 20 lot of stuff, I have a lot of pretty good established car 21 collection, and ahh, my shop is full of cars and vehicles that I 22 restore. I have my own paint booth, and at one point a person 23 from the County came out to check out my shop, and I welcomed 24 him in. And he was able to see the kind of quality work that I 2 1 produce when it comes to my own vehicle collection. So, even 2 the vehicles that I have out there, even though they are not 3 visible, they are not, ahh, not commercial nor are they junk, 4 because they are, you know, all forty year plus vintage, and 5 ahh, you know at this point I decided to move. I've been 6 harassed long enough. The ahh, you know, so about three or four 7 months ago, I decided it was time to put it for sale, talked to 8 a realtor, she said I needed to clean up my yard some, so that 9 is what I've been doing and to do so, I use the equipment that I 10 have available and unfortunately, that takes ahh, vehicles 11 getting in and out. And I have substantial amounts of 12 landscaping boulders that I was going to built a rock waterfall 13 with, that I still have yet to move those, but ahh, unless 14 someone else has a recommendation on how to get this stuff out 15 of there, I don't know, I'm just using the means that I have 16 available. 17 CHAIR GARCIA: And you think that, ahh, two months is the 18 appropriate time to get this done? 19 MR. LACOE: Well unfortunately, this is my busiest time of 20 the year, and I've been doing what I can when I can. And you 21 know, it cost me money to do this because I don't have the time 22 to do it all myself. So I'm paying good wages to people to come 23 and try and get this straightened up and get it ready for sale. 24 And, you know, grant it, the property is already listed, but 3 1 regardless, like I said, the fact of the matter is, that I have 2 a separate established business and there's a reason, and I know 3 that my business still shows my personal address as being the 4 primary business address, which is, it's a fact. But ahh, there 5 is a reason for that. And like I say, this whole deal has 6 gotten out of hand, it's gotten personal. I've been getting 7 threats, and a lot of other things. I had to buy a firearm, 8 which I have never owned in my life. Ahh, I've contacted the 9 Weld County Sheriff on a couple of occasions to ahh, to ask them 10 the legality for personal protection. And ahh, my wife is 11 really just ready to go. Like I say, it's really gotten out of 12 hand, and I've been trying to obey the law, ever since the last - 13 for two years now, ahh, I have a shop in Brighton and I'm paying 14 $2,500.00 a month on, in order to ahh, to not have the violation 15 hearing. However, like I say, because I do what I do, if you 16 ever had what started as a small business to medium business, 17 you are your job. And your job is you, and it's not, you go 18 home and you are done with your work for the day, so you know, 19 you are all thinking of ways to get ahead in the work, so. 20 Sometimes that means I bring ahh, ahh a construction equipment 21 home or sometimes that means I bring a big truck home and I'll 22 leave in the middle of the night to go deliver it. But, by 23 right, I'm legal to have a, a commercial vehicle on my property 24 because it is zoned ag, so that is really not in violation, and 4 I unfortunately it's come to it, that ahh, it seems like there's a 2 couple of people in the area that think that they own the roads, 3 and the fact is they don't. They are public roads, and I'm not 4 doing anything outside the law, with those roads. 5 CHAIR GARCIA: Any questions? Alright, thank you sir. This 6 is a public hearing, and the public is invited to come forward 7 and testify. Is there anybody in the public who wishes to come 8 forward and do now? Ahh, is somebody coming forward? Welcome, 9 come on up and give your name and address for the record. 10 TOMMY DEHERERRA: Tommy Dehererra, 197036 Mary Avenue, Fort 11 Lupton, Wattensburg, 80621. Ahh, I got some letters here, and 12 some pictures here, can I hand them out that way? 13 CHAIR GARCIA: As you know, if you hand us something, ahh, 14 it will become part of the record and ahh, you will not get it 15 back. 16 MR. DEHERERRA: Okay ahh, that picture there, that was at 17 four minutes til midnight. I heard the truck, and I woke up 18 and, ahh okay, and ahh, it was going by. Which is Dan's 19 Customs. That's a crane that was going in, another day on that, 20 but this is all the time. This ain't one, one truck, he has a 21 whole mess of equipment. Here is another, backing it out. 22 There is a backhoe, another truck, this is an excavator, that's 23 on Mary's Street coming in. That's, ahh, that's where he comes 24 out, besides by my house. More equipment, more equipment, you 5 I know, one commercial truck I guess. Ahh, here's where, right 2 across on this side of that tree, is, he comes out through 3 there, and that is a school bus crossing, and the kids come from 4 all over. I don't know if he's suppose to have a working shop 5 or not. That is where he is coming out by, ahh, on this side of 6 the trees. He has to take the whole road. Just another truck 7 with the trailers coming out. The ones coming in, some more 8 coming in. Some more coming in with another big tank. And ahh, 9 CHAIR GARCIA: Can you, oh go ahead. 10 MR. DEHERARRA: And, this, this ain't, something that he 11 just started doing, this has been going on for years. And we 12 are really concerned about the kids, ahh, I think the stuff 13 there pretty much says what we're saying, or what I'm saying 14 anyway. Ahh, I let through the next guys. 15 CHAIR GARCIA: Are there any questions for you Mr. 16 Dehererra? 17 MR. DEHERERRA: No. No. 18 CHAIR GARCIA: Thank you sir. Welcome. And if you and any, 19 give your — 20 RICHARD HERNANDEZ: Welcome, my name is Richard Hernandez, I 21 live at 1926 Grace Avenue, Fort Lupton. Like, the thing said, 22 this has been an ongoing thing for the last ten years. He don't 23 have respect for the streets, he don't have respect for kids, he 24 made a comment here at the community meeting here a while back, 6 1 about how we should keep our kids off the road because it is 2 more important for him to drive his trucks through there. Now, 3 that is not right, this is a small community, and the kids are 4 always out there, when they get off the school buses they all 5 get together, they all play on the road out there, and ahh, it's 6 kinda hard to get someone with the heavy equipment in there, but 7 to Daniel, he thinks it's a big joke to him, he says well he can 8 do what he wants. I don't have to threaten him, cause I never 9 have, and he's doing the excuse that he has too -that people 10 threaten him. People ain't threatening him, people just told 11 him what is was. He made the threat when he told us about our 12 kids, grandkids should be kept off the street, so that he 13 wouldn't have to worry about them. But, when they run over 14 somebody's kids, there is going to be a different story. 15 Because if any of his crew or him hit one of my grandkids, I am 16 personally going to check into that. And I'm not the only guy 17 about that along there. There is a lot of people there that, 18 ahh, has to put up to it, we had to put up with it, we came back 19 from a meeting here a while back, because of that one that was 20 on nineteen, right off of Grace Avenue there, right down from 21 me. Right next door to me, they were coming in with their heavy 22 equipment at all hours, he comes in at all hours and he don't 23 got no set time. Right now, yesterday they brought in about ten 24 trucks, ten different pieces of equipment yesterday. In and 7 1 out. All hours of the night, you know, I work, and there is a 2 lot of times I sitting up outside watch, just sitting out there 3 having to watch, specially now in the summer time and they're 4 right, and they have trucks going through there, but to them 5 it's just a big joke, and if you ask their guys, their guys 6 about his people about it, they just make the comment, we can do 7 what we gotta do. And, ahh, a lot of people there just got a 8 real tired of it, so, we're, that's why I came to the meeting, a 9 lot of the people couldn't come make it today because they were 10 working, it is hard for a lot of us to make it at that point. I 11 took the day off to make sure I could come down here to see you, 12 because like I says, it's a ongoing thing. He uses the excuses 13 about his cars and he has all these remodeled cars, he didn't 14 say nothing about how he was running a shop fixing cars and 15 painting cars there for everybody else. I don't know if his 16 painting shop is up to code. I do know if you have a painting 17 shop, it does have to be up to code. And I don't know if he's 18 got it, but I does know, I do know he paints for a lot of other 19 people and fixes cars there. He's been running a body shop out 20 of there for the last four or five years. 21 CHAIR GARCIA: Very good, are there any - 22 MR. DEHERERRA: That's all I got to say. 8 t CHAIR GARCIA: Oh, I'm sorry. Any questions for Mr. 2 Hernandez? Thanks for coming sir. Welcome, give your name and 3 address and tell us anything new too - 4 DANIEL HERNANDEZ: My name is Daniel Hernandez, I live at 5 1785 Mary Avenue. My, I was coming out with my grandkids one 6 day, his driver stop and told me to keep my kids off the street. 7 We were going from one place to the another, he was bringing in 8 heavy equipment. My kids, I, ahh, I go out there and watch my 9 grandkids everyday cause there is a heavy equipment coming in 10 and out of that place. I live right across the street from him. 11 And his drivers don't even care, they come right out of there, 12 don't even stop to look and see. Like they got the right -of - 13 way. His driver got out and told me, you either keep my 14 grandkids off the street, or it's, that's your problem if we run 15 him over. And that ain't right. Cause I've been in that town 16 for forty-eight, for forty-eight years, and I been walking the 17 streets up and down and I never had no trouble from nobody. Now 18 these guys come in and running their equipment up and down and 19 say that we got to keep our kids off the street. How are we 20 going to get from one place to the other if we can't walk down 21 the street? That's all I - 22 CHAIR GARCIA: And thank you. Are there any questions for 23 Mr. Hernandez? Thank you very much sir. 24 MR. HERNANDEZ: Alright. 9 CHAIR GARCIA: Thanks for everybody for coming in, and this 2 is a public hearing and if there is anybody else that wishes to 3 testify in this matter, please come forward. Okay - 4 MR. LACOE: Can I say anything else - 5 CHAIR GARCIA: I'll be having you up here in a second sir. 6 Ahh, thank you all very much for coming in. And Mr. LaCoe, I'm 7 going to give you two minutes, ahh, if there is anything else 8 that you need to address, ahh, or you want to address any of 9 these concerns. 10 MR. LACOE: Yes, just a couple of things. Ahh, first is 11 there any way I could get a copy of those pictures that you were 12 provided? 13 CHAIR GARCIA: If you'll speak with - 14 MR. LACOE: Because I'm quite certain that in the case that 15 I'm building, it's a civil suit, but there is some laws being 16 violated by trespassing and what not. And I could tell you from 17 the vantage point of some of those pictures, if that is the 18 case. It is a separate issue. Ahh- 19 CHAIR GARCIA: I, I would assume that, just a moment sir - 20 that we can - 21 MR. LACOE: It was already, the issue was already raised as 22 far as the paint booth and we were supposedly running a 23 business. And the gentleman from the Health Department came, 24 and he came and verified, not a business, not a commercial I0 1 business. Third thing, I'd love to hear these testimonies under 2 oath. 3 CHAIR GARCIA: Who is the person to contact for, ahh copies 4 of the exhibits? 5 ASSISTANT COUNTY ATTORNEY, STEPHANIE ARRIES: It would be 6 the Clerk to the Board's Office. 7 CHAIR GARCIA: So Clerk to the Board's Office, Sharon here 8 will be able to help you with that. 9 MR. LACOE: Okay. I0 CHAIR GARCIA: Alright. Any questions for Mr. LaCoe? 11 Commissioner Rademacher. 12 COMMISSIONER RADEMACHER: Just to confirm this - do you 13 think you can get this done in sixty days? 14 MR. LACOE: We are trying, it's a, ahh, I don't see why not, 15 but the point is that the equipment is coming in and it's going 16 out. I've got to get my stuff moved, I still have a bunch of 17 stuff to move, there's no question. But, you know, I told 18 Bethany that I would be more than happy to take her to my other 19 establishments and show her exactly how things are, so, ahh, I 20 don't want to make those addresses known, but she is more than 21 welcome to go, or any of you for that matter. 22 COMMISSIONER KIRKMEYER: But you have several people who are 23 driving trucks in and out, correct? 11 1 MR. LACOE: Yeh, we have been hauling a lot of stuff out. 2 I've got-ahh, 3 COMMISSIONER KIRKMEYER: But it's not just hauling, I mean, 4 if you're, ahh, some of those are at midnight, or in the 5 morning, or, you know, 6 MR. LACOE: I, I think I've made that clear earlier, at one 7 time or actually a couple different times. We've, ahh, I've 8 brought my truck home with a different piece of equipment, 9 parked it there for the night and took off in the morning. 10 COMMISSIONER KIRKMEYER: But you have other people who are II driving trucks in and out? 12 MR. LACOE: Occasionally. Like I say, I have, ahh, you 13 know, I have a lot going on. I, you know, we show a picture of 14 my work in the shop, well if you want me to elaborate on that, I 15 will. Ahh, 16 COMMISSIONER KIRKMEYER: I didn't ask that question. 17 MR. LACOE: Well, I'm just saying, I just donated a 18 $60,000.00 structure to Adams County Fairground. And, you know, 19 ahh, I used my own facility to build that. 20 CHAIR GARCIA: Any other questions? Thank you sir. We'll 21 bring it back to the Board for discussion or a motion. 22 COMMISSIONER RADEMACHER: Just a comment, first of all. I'm 23 glad to see good small business flourishing, and I commend you 12 I for that. That is good to hear in these times. And I am 2 willing to give him sixty days. 3 COMMISSIONER KIRKMEYER: I have a concern, because school 4 starts on August 14th, that means there be busses driving in 5 through there and kids at those street corners a lot. I'm 6 concerned from all the truck traffic that is going by as a 7 safety issue. 8 COMMISSIONER REDEMACHER: Yeh, but it sounds like it's been 9 going on for thirteen years, so, I'm still willing to give him 10 sixty days to move his business. 11 COMMISSIONER CONWAY: I think this thing, I, - I share your 12 concern about the truck traffic, ahh, I'm sure he is concerned 13 as much as we are about the kids, and will take precautions to 14 ensure - I mean, if he hits somebody, he has a huge liability, 15 in terms of hitting somebody. So, ahh, if, if, I mean I'm 16 willing to work on the time frame on this, but I think, question 17 for staff. You've been down there, do you think this can only 18 get taken care of in a time frame? 19 BETHANY SALZMAN: As I stated when I saw him on the property 20 on Friday on the street, he told me a week. So, I think - 21 COMMISSIONER CONWAY: I don't see how he could get a week 22 based on the pictures. 23 BETHANY SALZMAN: That is just what he said. 24 COMMISSIONER CONWAY: What is your visual? 13 1 BETHANY SALZMAN: To remove everything? 2 COMMISSIONER CONWAY: Yes, in terms of how much stuff needs 3 to be moved out of there. 4 BETHANY SALZMAN: I would think thirty days would be 5 sufficient, that is what staff would recommend. 6 COMMISSIONER KIRKMEYER: I'm concerned that there is more 7 going on than just, you know, moving stuff out. It looks like 8 there's a lot of commercial vehicles that are coming in and out 9 for work and leaving commercial vehicles there, then picking 10 them up and going out with them. So, I, - if you know it was II just moving stuff out that is one thing, but I don't think 12 that's all that's occurring there. At less not by all the 13 vehicles and trucks and stuff we saw on his property. I'm 14 willing to give thirty days. 15 COMMISSIONER RADEMACHER: It sounds like he does have two 16 other places of business, he's moving he business to, ahh 17 COMMISSIONER CONWAY: Forty-five days would be what date? 18 End of September, August? End of August? 19 COMMISSIONER RADEMACHER: We could split. 20 COMMISSIONER CONWAY: Well, that was what I was thinking, I 21 know you'll have a period of time there where the school busses 22 and kids will be - 23 COMMISSIONER RADEMACHER: Well, forty-five days would be 24 fine. 14 1 COMMISSIONER CONWAY: I'm willing to split the difference 2 if -. 3 COMMISSIONER KIRKMEYER: Okay. 4 COMMISSIONER RADEMACHER: Make that motion. 5 CHAIR GARCIA: Is there a motion? 6 COMMISSIONER CONWAY: Yeh, I'll make the motion. In the 7 case of ZCV #0900174, LaCoe, refer to the County Attorney, but 8 delay action for forty-five days, to allow him to relocate. 9 MR. LACOE: May I ask another question? 10 CHAIR GARCIA: No, I'm afraid not sir, but thank you very 11 much. We are now about to make a motion and vote on it. But, 12 thank you. 13 COMMISSIONER RADEMACHER: I'll second that motion. 14 CHAIR GARCIA: So motion by Commissioner Conway to refer to 15 the County Attorney but to delay legal action for forty-five 16 days, seconded by Commissioner Rademacher. Discussion? 17 COMMISSIONER KIRKMEYER: I am going to vote against the 18 motion, I appreciate you trying to compromise, but I just think 19 he should be getting it moved out of there, and he's known that 20 for a while, and there is a lot of truck traffic going on. 21 School starts on August 14th, that's a whole lot of little kids 22 along the roads. And I just, I think it's a public safety 23 issue, and I don't think it's a good idea. And I think it is 24 possible, he's got other locations to move his, his vehicle's 15 1 to, they don't need to be coming back and forth. He just needs 2 to move the vehicles, so that's where I'm at. 3 CHAIR GARCIA: I whole heartedly endorse the sentiments of 4 Commissioner Kirkmeyer, and ahh, the thirty days would have been 5 the cleanest way, I think, to get as close to the school date 6 and the truck traffic is above and beyond what ahh, we, you'll 7 get your chance, Commissioner Conway, is above and beyond the 8 activity of just what would be normal for moving the items out 9 of the closing out that site. However, I fear if we have a two 10 to two vote on this, that we will delay this matter for a month II anyway, and then have a ahh, a drawn out process, I think that 12 there needs to be a decision today, and ahh, to despite my 13 feeling that thirty days is appropriate, I will vote for forty - 14 five. 15 COMMISSIONER CONWAY: You know in light of the commends that 16 have been made - you know I listen to my colleagues, and I do 17 share, I was trying to find a accommodation that allowed him to 18 met his time frame. 19 COMMISSIONER KIRKMEYER: Me too. 20 COMMISSIONER CONWAY: Ahh, in light of the comments that 21 Chairman Garcia made, I'm willing to amend my resolution from 22 forty-five to thirty days. Ahh, and in regards too, so ahh, I 23 will, as the sponsor of the resolution - 24 COMMISSIONER KIRKMEYER: Motion? 16 I COMMISSIONER CONWAY: Make a motion to amend my resolution 2 from forty-five to thirty days, ahh, to more accommodate the 3 ahh, concerns, that I think rightly so, have been addressed by 4 Commissioner Kirkmeyer and Commissioner Garcia. And will amend 5 that, and we'll see if there is a second. 6 CHAIR GARCIA: Is that, ahh, ahh, Commissioner Rademacher 7 seconded it, do you accept that? 8 COMMISSIONER RADEMACHER: I will accept the aformerly amend, 9 yes. 10 COMMISSIONER CONWAY: Because I do think we need to get this 11 resolved today, I do believe that this has been an ongoing 12 issue, and ahh, like I said, I was trying to accommodate, I was 13 trying to be solemn that they did do a good job, so I- 14 COMMISSIONER KIRKMEYER: You did fine, I appreciate your 15 amendment. Thank you. 16 COMMISSIONER CONWAY: You are welcome. 17 CHAIR GARCIA: The motion is to refer to the County Attorney 18 but delay legal action for thirty days. That motion was made by 19 Commissioner Conway, seconded by Commissioner Rademacher. Ahh 20 any further discussion? Hearing none, all those in favor 21 signify by saying aye. Those opposed, say nay. Motion carries 22 unanimously. Good luck sir, and thirty days to get that 23 resolved. 24 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MR. LACOE: Thank you. CHAIR GARCIA: Thank you. 18 1 2 3 4 CERTIFICATE 5 STATE OF COLORADO) 6 ) ss 7 COUNTY OF WELD ) 8 9 I, Sharon Kahl, Deputy Clerk to the Board and notary 10 public within and for the State of Colorado, certify the 11 foregoing transcript of the CD recorded proceedings, In Re: 12 Violation Hearing ZCV #0900174 against Daniel LaCoe, before the 13 Weld County Board of County Commissioners, July 14, 2009, and as 14 further set forth on page one. The transcription, dependent upon 15 recording clarity, is true/ accurate with special exceptions(s) 16 of any or all precise identification of speakers, and/or correct 17 spelling or any given/spoken proper name or acronym. 18 19 20 Dated this 24th day of August, 2009. ) LCL-LE.-?-•-. / 21 Sharon Kah .*�N 22 :'r1OTARY'. '' ORIGINAL ()() 23 _J •PUBLIC.'_cp CERTIFIED COPY ( ) coin 24 U rnmmmmpn ttdtrn M&y 76, 4010 19 1 INVOICE 2 (Recording/Transcribing) 4 5 6 7 8 9 10 WELD COUNTY CLERK TO THE BOARD c/o Sharon Kahl, Deputy Clerk to the Board 915 10th Street, Greeley, Colorado 80631 (970)356-4000 X5226 (970)352-0242 (fax) skahl@co.weld.co.us Date: August 24, 2009 11 12 To: Daniel LaCoe 13 11705 Julius Street 14 Fort Lupton, CO 80621 IS 16 RE: Transcript of 07/14/09 Violation Hearing 17 18 2.00 hours staff time @ $60.00 per hour - - - $120.00 19 18 pgs. @$4.00 - - - - - - - $ 72.00 20 21 22 TOTAL, due on receipt, please - - $192.00 20 Hello