HomeMy WebLinkAbout20090834HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on April 14, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem EXCUSED
Commissioner Sean P. Conway - EXCUSED
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
Building Inspections Department representative, Robert Powell
Public Works Department representative, Clay Kimmi
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 #0900005 - DEHERRERA: 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, 29-3-40 and 29-08-40 of the Weld County Code. To bring the property into compliance,
the single family dwelling must be repaired and a Flood Hazard Development Permit must be
obtained, and all appropriate building and demolition permits must be submitted. Ms. Gregory
stated this case was continued from February 10, 2009, to allow adequate time for the property
owners to work with staff regarding the flood plain issue. Ms. Gregory stated Mr. Deherrera
submitted a Building Permit to repair the structure from fire damage in May, 2008. The required
information was never submitted, causing the permit to expire. An inspection was completed on
June 2, 2008, to assess the extent of the fire damage. Repair and restoration of the fire damage
area had been started without obtaining the proper permits. During this process, it was discovered
that an addition had been added to the single family dwelling prior to Mr. Deherrera's purchase of
the property. The addition was never permitted and it does not meet the building codes and flood
plain requirements. Mr. Deherrera's options have been discussed with him, which include; Option
1: A Building Permit and Flood Hazard Development Permit are required. The addition that was
built without a building permit and the existing dwelling must be brought into conformance with the
current codes. Option 2: A Demolition Permit is required to remove the addition that was built
without a permit, and the existing older original area of the dwelling must be repaired and brought
into compliance with the current codes. Option 3: A Demolition Permit is required to remove the
entire structure. Robert Powell, Department of Building Inspections, stated there is very little fire
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damage to the inside of the structure; however; Mr. Deherrera has removed the sheet rock and
some of the interior finish. The fire was in the original part of the house which is adobe. If the fire
damage is repaired and the interior finish is completed on the original part of the house, it would
not be a substantial improvement; therefore, it will bring the entire structure into the conformance
of the flood hazard requirements. Mr. Powell stated the addition would have to be demolished
since it does not meet all the existing codes, and only then, could the original structure be brought
into conformance. Clay Kimmi, Department of Public Works, stated there will be substantial
improvement to the structure and that Mr. Deherrera has not provided any information as too how
much money will be put into the remodel of the structure. Basically, FEMA's federal codes and our
codes state that any development, redevelopment, or remodels in a flood plain have to have a
Flood Hazard Development Permit. One of the Flood Hazard Permit requirements is the owner
must provide a pre -construction and a post -construction elevation certificate that has been
stamped and signed by a licensed surveyor. In this case, substantial improvement potentially
applies. To figure the substantial improvement factor, the market value of the structure is divided
by fifty percent. That figure would be how much money Mr. Deherrera can use towards the repair
and remodel of the structure. The fifty percent amount includes all labor, materials and fees,
contractor overhead and contractor profit and demolish costs, and he must supply a list with these
costs to insure that this site is in compliance with the fifty percent substantial improvement for the
Federal Codes. This has not been done at this point so there cannot be a determination of whether
substantial improvement is going to happen. If Mr. Deherrera goes over the fifty percent amount,
the entire house will have to be elevated one (1) foot above the base -flood elevation, which would
be approximately six feet for this property. This dwelling is a rental house at this time, so that
would put the renters at flood risk.
Responding to Commissioner Kirkmeyer, Mr. Kimmi stated the original structure is considered
pre-ferm, which means that current flood plain regulations do not apply until the substantial
improvement amount is reached. That is why the cost information for the remodel and repair is
needed. Thomas Deherrera, property owner, stated he has pictures of when they bought this
property, and pictures of surrounding homes in this area that are at the same level or lower than
his property, presented as Exhibit A. Mr. Deherrera stated the fire started in the washer and dryer
room when the dryer caught on fire. There was more smoke damage than fire damage. The only
room that was damaged from the fire was the room where the washer and dryer were, there were
only two rafters that needed to be replaced, and a few ceiling joists. There were approximately
fourteen (14) two-by-fours that needed to be replaced, drywall replaced, and they rewired the
house. The carpet needed to be replaced, and not much plumbing work is needed. Friends and
family help with the labor, and he stated he only has approximately seven thousand dollars
($7,000.00) to put into this project. Responding to Commissioner Kirkmeyer, Mr. Deherrera stated
the value of his house is $130,000.00 and he expects to put $7,000.00 in repair costs into the
structure. Commissioner Kirkmeyer explained to Mr. Deherrera that staff needs him to list out cost
estimates which include labor and materials, and a copy must be submitted to staff to determine
if this is going to be a substantial improvement by FEMA. Also, a Building Permit is needed to do
the work and the addition to the home will need to be removed. Mr. Deherrera stated to remove
the addition is to take down the entire house, because they bought the house with the addition
already there. They owned the property only seven (7) months when the fire occurred. Mr.
Deherrera's son is renting the house out for now; however, is planning on moving back into the
house within a year. They do not have the finances to elevate the site to meet the flood plain
requirements. Responding to Commissioner Kirkmeyer, Mr. Powell stated the addition appears
to have been added between 2003 and 2007 according to the GIS photographs. Mr. Deherrera
purchased the property in 2007. Responding to Chair Garcia, Mr. Powell stated the addition would
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remove the kitchen, which could be remodeled into the original part of the structure. The existing
part of the house is adobe; if he does any improvements in the addition part of the structure, the
flooring will need to be removed to verify code, and if it does not meet code, the amount of work
and cost will be over the limited amount to qualify for substantial improvement. Mr. Kimmi stated
Public Works' Department disagrees with the Planning Department's interpretation of the
substantial improvement. FEMA Code, and the International Residential Code have the same
definition; however, FEMA Code states that unless those code violations were identified prior to any
work being done on the building, they have to count toward substantial improvement. It does not
sound like substantial improvement will be met on this property; however, the documentation is still
needed for FEMA, to include the cost of all the electrical, all of the plumbing, all the cost associated
with bringing the structure up to code because it was identified after the fire. No violation was
noted prior to the fire, so FEMA says it has to be included. Responding to Chair Garcia, Mr. Powell
stated he had not inspected the addition; however, a previous inspector stated the addition appears
to be built right on the ground, the floor joists are right on the ground with no foundation. The wall
between the original structure and the addition will have to be rebuilt. There are numerous items
that appear to not meet code that can only be inspected by removing part of the finish, it would be
quite substantial. Commissioner Kirkmeyer conveyed what is required to bring this property into
compliance to Mr. Deherrera for his understanding. First, a Building Permit must be submitted for
repair to the structure for the fire damage, and for the compliance remodel for the addition.
Secondly, if the cost of the repair and remodel is over the fifty percent allowed, the entire structure
must be elevated to the required six (6) feet to meet FEMA Code. Thirdly, Mr. Deherrera will need
to submit a Flood Hazard Permit, with the $180.00 fee, and will have to submit a pre and post
construction elevation certificate. Mr. Deherrera stated he understands; however he is concerned
about the inspection of the floors and what else the inspector might have to tear up to complete the
inspection. Chair Garcia stated his concern is what the inspectors might find, and would like to
request additional time to allow Mr. Deherrera to see what options he has. Ms. Gregory suggested
two Building Permits to allow more time for the property owner.
Commissioner Kirkmeyer moved to refer BCV #0900005 against Thomas Deherrera to the County
Attorney for legal action, with the instruction to delay action upon such referral until July 14, 2009,
to allow adequate time for the property owner to submit all Building Permits and the Flood Hazard
Development Permit, along with all needed documentation. The motion was seconded by
Commissioner Long, and it carried unanimously.
ZCV #0900053 -SANDOVAL: Bethany Salzlman, 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, 23-3-30.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 Zoning Permit for a Commercial Vehicle must be submitted
to allow one (1) commercial vehicle on the site, or a Use by Special Review application must be
submitted. All commercial vehicles must be removed if these permits are not submitted. Ms.
Salzman stated there has been no progress on bringing this property into compliance and now
there is a camper trailer that appears to be occupied. Anthony and Nancy Sandoval, property
owners, stated they received a letter on February 25, 2009, regarding the commercial vehicle, and
they were not aware that they were in violation of County Code. Staff told them they had been
notified previously of these violations; however, the property owners stated this was the first they
heard of it, and were upset that it had only been five (5) days and they were to come to a hearing.
Mr. Sandoval stated the trailer is there for his use and he does have an extension cord for electrical
power to it. Responding to Chair Garcia, Ms. Salzman stated a camper trailer cannot be connected
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to utilities and skirted, and/or used as a dwelling unit; it is in violation. Mr. Sandoval stated there
is no water or septic hook up, and he will disconnect the extension cord. The dump truck is his
work truck; however, the trailer is used to haul hay for their animals. Mr. Sandoval stated he will
contact staff to submit the Zoning Permit application today after the meeting. Also, Mr. Sandoval
understands that he must disconnect the camper trailer from all utilities immediately.
Commissioner Long moved to refer ZCV #0900053 against Anthony and Nancy Sandoval to the
County Attorney for legal action, with the instruction to delay action upon such referral until
May 14, 2009, to allow adequate time for the property owner to submit a Zoning Permit application
for the one (1) commercial vehicle on site. The motion was seconded by Commissioner Kirkmeyer,
and it carried unanimously.
ZCV #0800380 - CHAVEZ: 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 removed
or a Zoning Permit must be submitted. Ms. Salzman stated on August 18, 2006, a permit for the
use of a recreational vehicle to be used as a temporary dwelling during construction was issued.
During an inspection for removal of the recreational vehicle on September 24, 2007, it was
discovered that the camper trailer had been removed; however, a single wide mobile home had
been moved onto the site. This mobile home permit was approved on December 20, 2007, and
the permits have now expired. Mr. Chavez contacted staff and reported he does not have the
funds available to complete the work on the principle dwelling unit, and it was determined at that
time he could apply to switch the mobile home to the principle dwelling unit and allow him more
time to save the money needed to complete this project. Upon an inspection of the property, it was
noted that the house was much further along in the construction process than indicated in the
previous completed inspections, which put the house at just a set -back and with roughed in
plumbing. Staff was expecting to see a foundation at the site, instead of the whole structure of the
home built up. The pictures taken on March 17, 2009, show how far along the project is. Ms.
Salzman stated Mr. Chavez is requesting from the Board of Commissioners that Building Permit
BCS-060313 for the principle house be reopened, and to extend that permit until January 14, 2010.
In addition, the Temporary During Construction Mobile Home Zoning Permit, ZPMH2529, be
extended until that same time. Staff is requesting if these permits are reopened, Mr. Chavez be
required to complete all the necessary inspections and corrections needed for the mobile home
within two (2) weeks, since no inspections have been finalized and it is occupied. Jose Chavez,
property owner, stated he does not have the funds available to complete the construction of the
house. He was not able to get a loan through the bank to complete the work, so he is requesting
that the permit be reopened to allow him time to save the money needed to complete the home.
Mr. Chavez stated he will get the mobile home inspected within the next two (2) weeks. After
discussing the situation, the Board of Commissioners was in favor of reopening and extending the
permits at no additional fees.
Commissioner Kirkmeyer moved to refer ZCV #0800380 against Jose Chavez to the County
Attorney for legal action, with the instruction to delay action upon such referral until
January 14, 2010, to allow adequate time for the property owner to complete the construction of
the stick built house, and to instruct staff to reopen and extend the Building Permit and the Zoning
Permit for the mobile home until January 14, 2010, with the understanding that the inspections for
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the mobile home be completed within two (2) weeks, or this case will be referred to the County
Attorney's Office for immediate legal action. The motion was seconded by Commissioner Long,
and it carried unanimously.
ZCV #0800392 - GUTKNECHT: 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.C, 23-3-30.1, 23-3-40, 23-3-40.L, 23-3-40.M 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
mobile homes must be removed. Ms. Salzman presented an Email from Mr. Gutknecht to the
Board, marked Exhibit A, requesting this case be continued until May 12, 2009, to allow him time
to attend the violation hearing. Neither the property owner nor a representative was present, and
there was no public testimony given.
Commissioner Long moved to continue ZCV #0800392 against Bradley and Robin Gutknecht until
May 12, 2009, to allow adequate time for the property owner to be able to attend the violation
hearing. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
ZCV #0800190 - MARTINEZ: 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 23-3-330,
23-3-330.A, 23-3-330.E, 23-3-330.E.1, 23-3-330.E.2 and 23-3-330.E.3 of the Weld County Code.
To bring the property into compliance, the noncommercial junkyard must be removed from the
property, and due to flood -plain issues that will need to be addressed, the commercial pallet
business must be removed also. Ms. Siron stated Ms. Martinez is in the hospital and her son was
to be at the hearing this morning to represent her. The debris on -site belongs to Ms. Martinez' son,
and Ms. Siron believes Ms. Martinez is not aware of how bad the situation has gotten. Staff is
requesting this case be continued until May 12, 2009, to allow time to contact the property owner
and discuss with her the issues regarding this case. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Long moved to continue ZCV #0800190 against Viola Martinez until May 12, 2009,
to allow adequate time for staff to contact the property owner and discuss all the issues regarding
this case. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
ZCV #0800403 - CROMWELL: 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. Charles and
Katrinka Cromwell, property owners, and Brad Raehal, nephew, were present. Mr. Raehal stated
he is working on cleaning up the site. The inclement weather has slowed down the process;
however, he will continue to work on this project. They are limited on funds so this is taking longer
then it should. Ms. Siron stated there was a roll -off dumpster on -site yesterday. Mr. Raehal is
requesting more time to complete this project. They are trying to recycle the wood and iron, and
the tires will be removed on the next load to the landfill. Commissioner Long asked about the
status on the mobile home and Ms. Siron stated that it is at the County Attorney's Office on a
different violation case. Mr. Raehal stated the mobile home is now being used as storage.
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Commissioner Kirkmeyer moved to refer ZCV #0800403 against Katrinka and Charles Cromwell
to the County Attorney for legal action, with the instruction to delay action upon such referral until
July 14, 2009, to allow adequate time for the property owners to complete the clean-up on the site.
The motion was seconded by Commissioner Long, and it carried unanimously.
ZCV #0800395 - ROBB: Ms. Siron presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 23-3-110.C, 23-3-110.C.6, 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
derby car must be completely screened from all adjacent properties and public rights -of -way, or
must be removed. Ms. Siron stated there has been no contact from the property owner and no
progress on correcting the violation. Neither the property owner nor a representative was present,
and there was no public testimony given.
Commissioner Kirkmeyer moved to refer ZCV #0800395 against Jack Robb to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Long, and it carried
unanimously.
ZCV #0800398 - BANK OF NEW YORK: Ms. Siron presented the case report for the record and
pursuant to the case file, this property is in violation of Sections 23-3-150, 23-3-150.A, 23-3-150. B
and 23-3-150.C of the Weld County Code. To bring the property into compliance, the derelict
camper trailer must be restored or removed from the site. Ms. Siron stated there has been no
contact from the property owner, and there is an open door on the camper trailer that is a health
and safety concern. Neither the property owner nor a representative was present, and there was
no public testimony given.
Commissioner Kirkmeyer moved to refer ZCV #0800398 against Bank of New York to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
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This Certification was approved on the 20th day of April, 2009.
n APPROVED:
ATTEST: 11 ii � n _ BOARD OF CO NTY COMMISSIONERS
WELDNT COLORADO
Weld County Clerk to
BY C� c; s
Deputy Clerk to the Bokd ')
CD #2009-04
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William F. Garcia; -Chair
EXCUSED
Douglas Rademacher, Pro -Tern
EXCUSED
Sean P. Conway
Darb Kirkmey
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David E. Long
er
Hearing Certification, Zoning Violations
April 14, 2009
Page 7
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ATTENDANCE RECORD
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