HomeMy WebLinkAbout20092931.tiffHEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on November 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, 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:
ZCV #0900175 - WEISSISHELEY: 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, 23-3-40, and 23-3-40.H of the Weld County Code. To bring the property
into compliance, the number of dogs must be reduced from 13 to eight (8), or a Use by Special
Review (USR) permit application must be submitted. Ms. Salzman stated staff met with the property
owners last week in order to discuss the process to apply for a USR permit and the property owners
have begun the process; therefore, she recommends referring the matter to the County Attorney for
legal action, with the instruction to delay action for 60 days, in order to allow the property owners
adequate time to submit the application.
Michael Weiss, property owner, stated he may need more than 60 days to submit the application
since it is the holiday season. Mr. Weiss stated the meeting with planning staff was informative and
he has begun the application process.
In response to Commissioner Rademacher, Ms. Salzman stated the property will no longer be in
violation of the Weld County Code once the application has been submitted.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Conway moved to refer ZCV #0900175 against Michael Weiss and Pamela Sheley to
the County Attorney for legal action, with the instruction to delay action upon such referral until
January 10, 2010, to allow adequate time for the property owners to submit the application for a
USR permit. Commissioner Rademacher seconded the motion. Commissioner Kirkmeyer
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reiterated the property owners need to submit the application within 60 days; however, the
application does not need be processed within 60 days. There being no further discussion, the
motion carried unanimously.
BCV #0800017 - MILLER: Peggy Gregory, Department of Planning Services, presented the case
report for the record and pursuant to the case file, this property is in violation of Sections 29-3-10
and 29-8-40 of the Weld County Code. To bring the property into compliance, a building permit and
all the applicable documentation must be submitted for the steel structure with living quarters, all the
fees must be paid, and all the inspections must be completed. Ms. Gregory stated Michael Miller,
property owner, was issued a permit in the year 2003 for a structural steel building with a shop, a
garage, and temporary living quarters which are only to be utilized until the construction of a new
home is complete; however, all the inspections were not completed and the permit has expired. She
stated a new permit was issued on October 1, 2009; however, only one inspection was completed
and this permit has also expired; therefore, she has notified Mr. Miller he needs to submit a new
permit application and the Road Impact and Capital Expansion fees will apply unless he decides to
exclude the living quarters. Ms. Gregory stated Mr. Miller has indicated the construction is complete;
however, she explained a new permit needs to be issued prior to staff inspecting the building to
determine whether the construction is complete. She stated Mr. Miller is in the State of Wyoming
today; therefore, he is unable to attend the hearing; however, he indicated he will discuss the
options available to him with staff upon his return; therefore, she recommends the matter be referred
to the County Attorney, with the instruction to delay action for 30 days.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Long moved to refer BCV #0800017 against Michael and Kimberlea Miller to the
County Attorney for legal action, with the instruction to delay action upon such referral until
December 10, 2009, to allow adequate time for Mr. Miller to discuss the available options to bring
the property into compliance with staff. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
ZCV #0900194 - TRI-COUNTY REAL ESTATE ACQUISITIONS, LLCNISCIANO: Ms. Salzman
presented the case report for the record and pursuant to the case file, this property is in violation of
Sections 23-2-150, 23-2-150.L, 23-3-330, 23-3-330.B, 23-3-330.C, 23-3-330.D, and 23-3-330.D.3
of the Weld County Code. To bring the property into compliance, an amendment to the Site Plan
Review must be submitted to allow outside storage and water storage at the site, or all outside
storage and water storage must be removed. She stated there are large mounds of salvage debris
which need to be removed from the site, in order to bring the property into compliance, and Tony
Finley, property owner, indicated some of the salvage debris has been removed; however there are
approximately 500 loads remaining. In response to Commissioner Rademacher, Ms. Salzman
stated the salvage debris consists of pieces of metal machinery. In response to Chair Garcia,
Ms. Salzman stated she will allow Mr. Finley to explain the timeline he is proposing to bring the
property into compliance. Ms. Salzman further stated Mr. Finley has indicated he obtained a USR
permit; however, she has been unable to locate a record of it. She clarified she located Site Plan
Reviews for the buildings and inside storage; however, there has been nothing submitted for a
salvage yard, which would include outdoor storage.
Frank Visciano, representative for the property owner, stated Tri-County Real Estate
Acquisitions, LLC, has been in the parts and salvage business for approximately 25 years, it has
been in the current location since the year 1986, and its principal business is selling used
construction equipment and parts; however, a component of the business is salvage. Mr. Visciano
stated there has been salvage located on the property for approximately 23 years, and it is used for
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parts and scrap sales. He stated the business was financed by Colorado National Bank Boulevard
which is located within the City of Denver, and as a condition of approval, in order to obtain the
financing, it required that all the necessary permits for the operation of the equipment and salvage
business be obtained; however, Mr. Finley does not have a copy of the agreement and the banker
who has handled the account for many years retired and has recently passed away. He stated
Mr. Finley will continue to attempt to locate documentation of the Special Use permit which was
issued as a condition of the financing being approved, and Mr. Finley has been operating under the
assumption he had obtained all of the necessary permits. Mr. Visciano stated Mr. Finley's business
has been devastated as a result of the changes in the construction industry over the last few years;
therefore, he entered into an agreement with 4J Trading, Inc., for the irrevocable sale of the steel
scraps. He stated 4J Trading, Inc., has the full responsibility of cutting, loading, and shipping the
steel; and it began the process in the year 2009; however, after the disassembly occurred, the
market plummeted and the company has delayed shipping the scrap metal until approximately two
weeks ago, when it shipped 15 containers of scrap metal, each containing approximately 22 tons.
He further stated 4J Trading, Inc., has scheduled the shipment of 20 containers of scrap metal to
China within the next week via boat. Mr. Visciano stated Mr. Finley spoke with a representative from
4J Trading, Inc., last week and was assured the company will begin to facilitate shipments on a
regular basis, and the company intends to ship approximately 15 to 20 containers per week,
excluding holiday season interruptions, which will result in all of the scrap metal being shipped within
one (1) year and perhaps as quickly as 30 weeks. He reiterated Tri-County Real Estate
Acquisitions, LLC, has always been involved in the same type of business; however, it was not an
eyesore prior to the large mounds of scrap metal being created as the result of 4J Trading, Inc.,
disassembling the equipment and delaying to ship it. He requested a one (1) year extension be
granted, in order to allow 4J Trading, Inc., adequate time to complete the process of shipping the
scrap metal to China, which will bring the property into compliance. Mr. Visciano stated Tri-County
Real Estate Acquisitions, LLC, is downsizing its other inventory, including retail equipment, in
addition to eliminating the scrap metal, and it is considering selling or leasing the property the
business is located on. He stated Mr. Finley is willing to report the progress to Weld County staff on
a quarterly basis or as requested.
Chair Garcia stated the matter was brought to the attention of staff as the result of a complaint from
the public, and he inquired as to whether Mr. Visciano has any proposals to mitigate the visual
impact of the scrap metal. Mr. Visciano stated the pile of scrap metal is approximately 30 to 35 feet
tall and the materials are being removed from the sides of the pile, as opposed to the top; however,
Mr. Finley will attempt to reduce the height of the pile, in order to create less of a visual impact, if it is
determined to be necessary. In response to Commissioner Conway, Mr. Finley confirmed there will
not be any materials added to the pile.
Responding to Commissioner Conway, Mr. Visciano stated there was not a timeline for shipping
specified in the contract with 4J Trading, Inc.; however, there was an expectation that shipping
would begin soon after the disassembly occurred. In response to Commissioner Conway, Mr. Finley
stated he is confident the project will move forward. Mr. Visciano stated if there are further delays by
4J Trading, Inc., Mr. Finley will consider selling the remaining materials locally. In response to Chair
Garcia, Mr. Visciano stated there is an irrevocable contract for Mr. Finley to sell the scrap metal
which has already been disassembled to 4J Trading, Inc.
In response to Commissioner Rademacher, Ms. Salzman stated she could not find any records
regarding a USR permit for the property. Commissioner Rademacher stated he is in favor of
granting a certain amount of time for Mr. Finley to bring the property into compliance; however, it
also seems to be necessary for Mr. Finley to apply for a USR permit. In response to Commissioner
Kirkmeyer, Ms. Salzman stated there have been applications for Site Plan Reviews submitted for the
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buildings on the property; however, none have been submitted for the outside storage. In response
to Commissioner Rademacher, Ms. Salzman stated a salvage yard requires a USR permit in the 1-3
(Industrial) Zone District. In response to Commissioner Kirkmeyer, Ms. Salzman stated she is
uncertain if the Zoning Code was the same in the year 1986, and the most recent Site Plan Review
application for the property was submitted in the year 1996. Responding to Commissioner
Rademacher, Ms. Salzman indicated she is unsure as to why Mr. Finley was not notified of the lack
of an existing USR permit at the time the last Site Plan Review application was submitted. In
response to Commissioner Kirkmeyer, Ms. Salzman stated Change of Zone #377 was approved in
the year 1983, and she reviewed the information regarding it yesterday; however, she did not bring
the records with her today. Ms. Salzman stated she has the three Site Plan Review files with her
today. Commissioner Kirkmeyer indicated she shares Commissioner Rademacher's concerns
regarding the Site Plan Review being granted in the year 1996 without Mr. Finley being notified a
USR permit is necessary, and it is possible Mr. Finley believed it was a Use by Special Review
permit he obtained when it was actually a Use by Right, in which case, it would have only been
necessary to apply for a Site Plan Review. Ms. Salzman concurred with Commissioner Kirkmeyer.
Further responding to Commissioner Kirkmeyer, Ms. Salzman stated it is not allowable for Mr. Finley
to store all of the equipment outside because some of it is salvage and requires a USR permit for a
salvage yard; however, some of the equipment is functional and used to operate the business.
Commissioner Kirkmeyer stated the Site Plan Review indicates inside storage of parts is required
and there is no water at the site; however it does not provide additional details. Ms. Salzman
concurred with Commissioner Kirkmeyer and stated the application is vague and does not provide
much additional information. Commissioner Kirkmeyer indicated it seems a USR permit should
have been necessary in the year 1986, whether the equipment is intact or disassembled, since the
equipment is being stored outside. Ms. Salzman stated Mr. Finley is adamant he obtained a USR
permit, he indicated he may be able to locate records of it in his storage area, and he also indicated
he may be able to obtain records from the bank which financed the business. Mr. Finley stated the
property was purchased from Colorado National Bank Boulevard's special assets because the
property was in foreclosure. He stated the, bank wanted to ensure there would not be another
foreclosure on the property; therefore, it required him to obtain all the necessary permits for the
business to be located on the site, and he received a letter from the County which indicated
everything was in order. He stated approximately three years later he wanted to construct a small
storage building on the property and at that time he was notified he needed to apply for a permit for
the well on the property, which he did, and it took approximately seven years and it cost
approximately $280,000.00, in order to obtain the permit. Mr. Finley stated in the year 1986 the
property was zoned 1-3 (Industrial) and he obtained a USR permit for a salvage yard at that time. He
stated he does not know what has happened to the County's records; however, he believes the
records may have been misplaced. Commissioner Kirkmeyer reiterated Mr. Finley may have had a
Use by Right for the property, in which case no USR permit is necessary, since in the year 1996 the
County only required a Site Plan Review to be submitted for Uses by Right. Mr. Finley concurred
with Commissioner Kirkmeyer that he may have had a Use by Right, as opposed to a USR permit.
Ms. Salzman stated she thought it must have been a Use by Right at one time; however, Mr. Finley
stated there was a public input hearing conducted regarding the USR permit in the year 1987.
In response to Commissioner Conway, Ms. Salzman concurred the main problem is the height of the
metal debris pile, and if the height of the pile can be reduced, it will resolve the problem while the
rest of the matter is sorted out.
Chair Garcia gave the opportunity for public testimony; however, there was none.
In response to Commissioner Kirkmeyer, Mr. Finley stated it is possible to reduce the height of the
metal debris pile in the upcoming months if it is deemed to be necessary. In response to
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Commissioner Rademacher, Mr. Visciano confirmed 20 containers will be removed from the metal
debris pile within the week. Commissioner Rademacher stated the removal of 20 containers of the
metal debris should reduce the height of the pile to a height which is below the fence line.
Mr. Visciano stated removing 20 containers of the metal debris will not reduce the pile to the fence
line, since the pile is approximately 35 feet high and the fence is approximately six feet high. He
stated it will take a significant amount of time to reduce the pile to the fence height since the loads
will be taken from the sides of the pile, as opposed to the top of the pile.
In response to Commissioner Rademacher, Ms. Salzman stated it takes approximately four to six
months to obtain a USR permit. Commissioner Rademacher indicated he is in favor of granting one
(1) year to bring the property into compliance or for the property owner to provide proof he previously
obtained a USR permit. Commissioner Kirkmeyer stated a USR permit may not be necessary if the
use was a Use by Right in the year 1986. Commissioner Long stated the Board needs more
information to make its determination. Commissioner Conway and Chair Garcia concurred with
Commissioner Long. Commissioner Kirkmeyer suggested continuing the matter for 60 days, in
order to allow the property owner time to provide a plan to reduce the pile and to allow staff time to
investigate why a USR permit was not previously required. In response to Chair Garcia,
Ms. Salzman stated 60 days is adequate time for staff to research the matter and she requested that
Mr. Finley research his records as well. Responding to Chair Garcia, Mr. Visciano stated he would
prefer 90 days. Commissioner Conway stated he wants the property owner to understand it is
expected that progress will continue to be made on reducing the size of the metal debris pile in the
meantime. Chair Garcia suggested Ms. Salzman take a photograph of the pile to be used as a
reference point for comparison purposes in the future, in order to measure the amount of progress
which is made. Mr. Finley concurred and offered to drive Ms. Salzman around the property in order
to take the necessary photographs.
Commissioner Kirkmeyer moved to continue ZCV #0900194 against Tri-County Real Estate
Acquisition, LLC, until February 10, 2010, in order to allow adequate time for the property owner to
develop a plan to reduce the scrap metal pile and to allow staff adequate time to research the
matter. The motion was seconded by Commissioner Rademacher, and it carried unanimously.
VI #0500271 - MARTIN-SAMPSON: 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 23-3-230, 23-3-230.B, 23-3-230.6.1, 23-3-230.B.2, 23-3-230.C and 23-3-230.D of the
Weld County Code. To bring the property into compliance, the horses must be removed, a
determination must be made on the grandfathering of horses on a C-3 (Business Commercial)
zoned property, or it must be verified that this property has consistently had horses on it since a
Change of Zone was granted in the year 1979. Ms. Siron stated horses are not allowed on
properties with Commercial zoning, the zoning was changed from Estate to C-3 on the property in
the year 1978, in order to accommodate a truck farm, and at some point after the year 1978 and
prior to when the current property owners purchased the property in the year 1993, horses were
brought back onto the property. She recommended that if the Board determines the property is in
violation of the Code, the matter be referred to the County Attorney, with the instruction to delay
action for enough time to allow the property owners to apply for a Change of Zone to restore the
property to Estate zoning, apply for a Planned Unit Development (PUD), or to remove the horses. In
response to Chair Garcia, Ms. Siron indicated she is unsure of how long a Change of Zone
application process takes.
Chris Gathman, Department of Planning Services, stated the amount of time necessary to prepare a
Change of Zone application is consistent with the amount of time necessary to prepare an
application for a USR permit, which is approximately 60 days.
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Commissioner Rademacher inquired as to what type of zoning will be assigned to the property
through a Change of Zone process. Ms. Siron stated it will be restored to Estate zoning. Chair
Garcia inquired as to whether there are commercial activities occurring on the property. Ms. Siron
stated there have not been any commercial activities observed occurring on the property; however,
the property owners previously considered opening a therapeutic center for children to interact with
the horses. In response to Commissioner Conway, Ms. Siron stated the matter was brought to the
attention of staff as the result of an anonymous complaint and there have not been any subsequent
complaints. Mr. Gathman stated in previous discussions the property owners indicated they would
like to have as many as ten (10) horses on the property; however, it would not meet the Estate
requirement; therefore, the property owners have indicated they will not house more than four (4)
horses on the property, which will meet the Estate zone requirement.
Catherine Martin -Sampson, property owner, stated she and her husband purchased the property in
the year 1996, after specifically searching for a horse property. Ms. Martin -Sampson stated before
discovering the property she and her husband purchased, they were interested in purchasing
another property with a barn; however, the zoning for the property only allowed two horses;
therefore, they chose not to purchase it, since they are interested in facilitating a therapeutic
horseback riding program for children. She stated when she and her husband purchased the
property, the former property owners had approximately ten (10) horses on the property.
Stephen Sampson, property owner, stated he and his wife declined to purchase three properties
before selecting this one because the zoning for the properties did not meet their needs, and they
consulted with the Department of Planning Services regarding each property, in order to ensure the
property they selected to purchase would be able to be used in the manner they intended.
Mr. Sampson stated Todd Hodges, former employee in the Department of Planning Services,
ensured he and his wife they could use the property for the therapeutic horseback riding program
they facilitated at that time for emotionally disturbed children, and he and his wife owned ten (10)
horses at that time. He stated a letter was received by him and his wife in the year 2005 stating the
property was out of compliance and he wrote a letter in response which explained he had worked
with the Department of Planning Services prior to purchasing the property, in order to ensure there
were no zoning issues and he did not receive any subsequent correspondence until this year.
Mr. Sampson stated he and his wife have considered applying for a PUD; however, they are not
currently facilitating the horseback riding program and due to the time and cost involved to apply for
a PUD, he and his wife are considering applying for a Change of Zone, in order to restore the Estate
zoning for the property. Mr. Sampson stated Mr. Hodges mentioned when a Change of Zone occurs
and the new use is not implemented for the property, the Change of Zone may be vacated. He
stated Mr. Gathman indicated the County Attorney advised him the Change of Zone may not be
vacated in this situation. He stated a variance seems to be appropriate for this situation since the
Department of Planning Services indicated the property was properly zoned for the intended use
and a Change of Zone process will cost thousands of dollars.
In response to Chair Garcia, Stephanie Arries, Assistant County Attorney, stated the Board of
Adjustment is the appropriate venue to utilize to request a variance, and she recommended referring
the matter back to the Department of Planning Services. Ms. Arries stated if the Board of
Adjustment makes a determination in favor of the property owners, the issue will be resolved, and if
it makes a determination which is contrary to the property owners request, the property owners will
need to make a decision regarding whether or not they want to submit an application for a Change
of Zone to the Department of Planning Services. Mr. Sampson stated he is interested in requesting
the variance from the Board of Adjustment.
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Commissioner Long stated he is concerned that the property owners were informed by Weld County
staff the property was properly zoned for the intended use, and he does not want to cause the
property owners additional problems. Ms. Martin -Sampson stated she has been informed the
County does not have the records to support the information she and her husband were provided.
In response to Commissioner Kirkmeyer, Ms. Siron stated she is unable to verify the non -conforming
use has consistently occurred on the property and she cannot locate the letter the property owners
received from Mr. Hodges. Commissioner Kirkmeyer inquired as to whether the property owners
can document that horses have been on the property since it was purchased in the year 1996.
Ms. Martin -Sampson stated she may be able to obtain photographs from agencies that brought
students to participate in the therapeutic horseback riding program, since she and her husband were
operating the program at that time. Mr. Sampson stated the neighbors will be able to verify horses
have been on the property since the year 1996. Commissioner Kirkmeyer stated if the Board refers
the matter back to the Department of Planning Services and the property owners can verify the
horses have been present on the property since the year 1996 through feed records, photographs,
and neighbor collaboration, staff will determine the non -conforming use has been established and
the violation will be dismissed. She stated it will be helpful if the property owners can prove there
were horses on the property prior to the year 1996; however, she believes it will be sufficient to
establish the presence of horses on the property since the current property owners purchased it.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Long moved to refer VI #0500271 against Catherine Martin -Sampson to the
Department of Planning Services, in order to allow the property owners the opportunity to establish
proof that horses have been present on the property since the year 1996. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
ZCV #0900235 - MORITZ: 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, applications for Zoning Permits for the
commercial vehicles, which include the semi -trailer being utilized for storage and the semi -truck and
trailer which has been observed on the property, must be submitted, or the commercial vehicles
must be removed. She stated she spoke to Colleen Moritz, property owner, and she offered to
explain the applications to her after the hearing today, and Ms. Moritz accepted the offer for
assistance; therefore, she recommends referring the matter to the County Attorney, with the
instruction to delay action for 30 days, in order to allow Ms. Moritz the opportunity to submit the
necessary applications.
Ms. Moritz stated she attempted to complete the applications online; however, she did not
understand all of the information; therefore, she will complete the process with Ms. Salzman today.
In response to Chair Garcia, Ms. Moritz stated she intends to complete all of the necessary
paperwork today; therefore, 30 days should be a sufficient period of time to resolve the matter.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Conway moved to refer ZCV #0900235 against Russell and Colleen Moritz to the
County Attorney for legal action, with the instruction to delay action upon such referral until
December 10, 2009, in order to allow adequate time for Ms. Moritz to submit the necessary
applications. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
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ZCV #0900251 - 3JE, LLC/NB INVESTMENTS, LLC/ANGLIN: Ms. Salzman presented the case
report for the record and pursuant to the case file, this property is in violation of Sections 23-2-150,
23-2-150.L, and 23-2-150.C of the Weld County Code. To bring the property into compliance, the
parking for the vehicle repair and service center must be limited to the conditions listed in approved
Site Plan Review , SPR #391, or an amended Site Plan Review application must be submitted. She
stated the parking for the property owned by 3JE, LLC, dba Jack's One Stop, has overflowed onto
the adjacent property, which is a vacant lot also owned by 3JE, LLC. She stated 3JE, LLC, has
begun the process to apply for an amended Site Plan Review; however, the process has been
delayed due to financial constraints. Ms. Salzman stated when the amended Site Plan Review is
submitted, the matter will be resolved. She recommended the matter be referred to the County
Attorney, with the instruction to delay action for 90 days, in order to allow the property owner to
complete an amended Site Plan Review.
In response to Commissioner Rademacher, Michelle Martin, Department of Planning Services,
stated 3JE, LLC, has completed a significant amount of the application process for a Site Plan
Review, SPR #423, for the overflow parking area, and the property owner has only a few remaining
conditions to satisfy. Commissioner Rademacher inquired as to why 90 days is required since the
property owner is this far into the process. Ms. Salzman stated the property owner indicated he
needs 90 days to complete the necessary on -site improvements.
James Anglin, 3JE, LLC, indicated he is present.
Jack Dillon, owner of Jack's One Stop and representative for NB Investments, LLC, stated his
partner is supplying the property and he is supplying the funding; however, the last year has been
difficult economically and he has invested his life savings into the company. Mr. Dillon stated he
secured financing prior to beginning the project; however, the requirements for the financing have
subsequently changed. He stated he owns an automotive reconditioning business and the overflow
parking lot is being utilized solely as a staging area and the cars are not parked on it for more than
one day, and he thought placing gravel on the vacant lot and utilizing it for the overflow was a better
option than parking cars along the street. He stated he has reduced the number of cars which are
parked in the vacant lot to approximately four per day and there is a recreational vehicle parked
there which will not fit on any other area on the property. Mr. Dillon stated if he cannot use the
vacant lot for parking vehicles, the flow of his business will be interrupted. He stated he discussed
an option with staff to be able to temporarily use the vacant lot for parking; however, he is concerned
it will interfere with the permit process he is currently undergoing and he has spent the last four
years working on the current permit process. He stated he is working with the bank; however, he
does not know exactly when the financing will be secured. Mr. Dillon stated the bank has indicated
the criteria he needs to meet in order to obtain the financing and he has met the criteria up to this
point.
Commissioner Rademacher stated he does not want to create a hardship on Mr. Dillon's business
and he inquired as to what improvements are necessary. Mr. Dillon stated additional soil testing and
lighting are required. Ms. Martin stated the conditions which are outstanding and necessary to
finalize the Site Plan Review include modifying some details on the plat, which Mr. Dillon's
consultant has already submitted, working with the Mountain View Fire Protection District, the Weld
County Department of Public Health and Environment has a condition regarding working with the
State to obtain an Air Pollution Emission Notice, and the private improvements agreement. In
response to Commissioner Rademacher, Ms. Martin stated the improvements agreement will only
pertain to the vacant lot, Lot 6.
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Chair Garcia gave the opportunity for public input; however, there was none.
In response to Commissioner Conway, Ms. Salzman stated the matter was brought to staffs
attention as the result of an internal complaint, and if the vehicles are removed from the vacant lot,
the property will be brought into compliance; however, there are some minor modifications which are
necessary for the existing Site Plan Review and she will discuss those with Mr. Dillon.
Commissioner Rademacher inquired as to whether or not the extra parking lot is critical to the
business. Mr. Dillon stated he has been attempting to reduce the number of vehicles parked on the
vacant lot; however, he is also trying to avoid causing congestion.
Mr. Anglin stated he operates AMCO Transmissions in the other half of the building, and he has
allowed Mr. Dillon to utilize part of his parking lot. He further stated Mr. Dillon has dramatically
reduced the number of vehicles being parked in the vacant lot. In response to Commissioner
Rademacher, Ms. Salzman reiterated the outstanding Site Plan Review is for the vacant lot.
Commissioner Conway moved to refer ZCV #0900251 against 3JE, LLC, and NB Investments, LLC,
c/o James Anglin, back to the Department of Planning Services, in order to allow staff to resolve the
matter with Mr. Dillon. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
ZCV #0900162 - SILVA: 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.O and 23-3-40.R
of the Weld County Code. To bring the property into compliance, a Use by Special Review Permit
application must be submitted, or an application for annexation must be submitted to the Town of
Mead. Otherwise, the commercial operation of Studio 7 - The Organic Salon, must be removed.
Commissioner Rademacher moved to refer ZCV #0900162 against John and Micah Silva back to
the Department of Planning Services since the property owners have submitted an application for
annexation to the Town of Mead. The motion was seconded by Commissioner Kirkmeyer , and it
carried unanimously.
ZCV #0900230 - WILLBANKS/HUDSON WELDING AND FABRICATION: 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.D, 23-3-40, 23-3-40.B, 23-3-40.B.4, 23-3-40.O, 23-3-40.R, 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 if the Board of County Commissioners determines that
this operation does not meet the definition of a Home Occupation. She stated Hudson Welding and
Fabrication is currently being operated out of a detached barn; therefore, it does not meet the
definition of a home business, which must occur entirely within the principal dwelling unit. She
stated the Department of Planning Services submitted a letter to the applicant, dated
February 3, 2003, which stated the request for a home occupation has been approved, as long as
the applicant meets the requirements for a home occupation; however, the business does not meet
the requirements for a home occupation since the activity does not occur within the principal
dwelling unit. She stated the matter was brought to staffs attention as the result of a complaint
being submitted. In response to Chair Garcia, Ms. Salzman stated the requirement regarding the
principal dwelling unit was the same when the application was approved in the year 2003.
Dave Willbanks, property owner, stated he has resided on the property since the year 1998, and a
neighbor who is irritated with him submitted the complaint. Mr. Willbanks stated he works as a
sub -contractor building hand rails for schools and municipalities, and approximately 90 percent of
the work he performs occurs off -site. He stated there was a sign advertising the business on the
Hearing Certification, Zoning Violations
November 10, 2009
Panes
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property; however, he removed the sign after he was directed to do so by the Department of
Planning Services. He stated he does not want any additional business and he is removing the
advertisement he has had in the yellow pages of the phonebook because he is too busy to perform
any additional work. Mr. Willbanks stated there is no outside storage of materials on the property,
and he does not meet the criteria for a USR, since he does not have any employees. Responding to
Chair Garcia, Mr. Willbanks clarified he occasionally stores materials outside; however, the
materials are minimal and are not visible from the road. In response to Commissioner Kirkmeyer,
Mr. Willbanks stated he has welded items occasionally outside of the barn; however, most of the
welding he does occurs at the project sites. In response to Commissioner Rademacher,
Mr. Willbanks stated he owns 25 acres and he has cows and horses on the property. Ms. Salzman
stated the main reason she brought the matter before the Board is because she is concerned the
business may create a fire hazard, since the welding is performed in an agricultural exempt building
and it has not been inspected. Commissioner Rademacher stated there does not appear to be any
outside storage in the photographs taken by Ms. Salzman. Commissioner Kirkmeyer stated it is
allowable for Mr. Willbanks to advertise he has an off -site welding business. Mr. Willbanks stated
he is aware he is able to do so; however, he has enough work through established relationships with
contractors. Commissioner Rademacher stated it is a use by right to weld his own equipment on the
property.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Rademacher moved to dismiss ZCV #0900230 against Darlene and Dave Willbanks,
and Hudson Welding and Fabrication, with the clarification that Mr. Willbanks cannot perform any
commercial welding on the property. The motion was seconded by Commissioner Long, and it
carried unanimously.
ZCV #0900217 - SOTO/MARTINEZ: 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.B, 23-3-40.6.10, 23-3-40.6.11, 23-3-40.6.17, and 23-3-40.6.18 of the Weld County Code.
To bring the property into compliance, staff is requesting a letter from Mr. Soto indicating that all
public rodeo events have ceased and that no future public rodeo events will be held on the property,
or a Use by Special Review Permit application must be submitted. She stated Juan Soto, property
owner, indicated he will begin the USR application process since he wants to be able to conduct
rodeos on the site. She further stated the case was brought to her attention by the Sheriff's Office
because alcohol was being served at the rodeos and there was also a complaint submitted by an
adjacent property owner. Ms. Salzman recommended referring the matter to the County Attorney,
with the instruction to delay action for approximately 60 to 90 days in order for Mr. Soto to submit the
application for a USR. In response to Commissioner Conway, Ms. Salzman stated this is good
timing for Mr. Soto to submit the application since there are likely few rodeos occurring throughout
the winter season.
Tammy Segura, Department of Human Services and interpreter for Mr. Soto, requested 90 days for
Mr. Soto to be able to complete the application. In response to Chair Garcia, Ms. Segura stated
Mr. Soto understands he cannot conduct rodeos until the application process is complete. In
response to Commissioner Rademacher, Ms. Salzman stated the property owner has completed the
pre -application process. Commissioner Rademacher stated 60 days should be adequate time for
the property owner to complete the USR application. Ms. Segura stated Mr. Soto indicated 60 days
should be sufficient; however, he is requesting 90 days in case there is a delay. Commissioner
Rademacher stated Mr. Soto only needs to submit the application within 60 days; he does not have
to complete the entire process within 60 days. Ms. Segura stated Mr. Soto indicated 60 days will be
adequate to submit the application.
Hearing Certification, Zoning Violations
November 10, 2009
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Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Conway moved to refer ZCV #0900217 against Juan Soto and Sylvia Martinez to the
County Attorney for legal action, with the instruction to delay action upon such referral until
January 10 , 2010, in order to allow adequate time for Mr. Soto to submit an application for a USR
permit . The motion was seconded by Commissioner Rademacher , and it carried unanimously.
ZCV #0900136 - NAKAGAWA: 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.A, 23-3-110.B, 23-3-110.B.1, and
23-4-130 of the Weld County Code. To bring the property into compliance, the mobile home must
be removed from the site. She stated the mobile home was permitted as an accessory to the farm;
however, the use is no longer necessary, and Joseph Nakagawa, property owner, is residing in an
assisted living facility. She stated Mr. Nakagawa's son, James Nakagawa, has indicated he intends
to remove or demolish the mobile home. In response to Commissioner Rademacher, Ms. Siron
stated a demolition permit is valid for three months; therefore, 90 days may be an appropriate
amount of time to delay action. In response to Chair Garcia, Ms. Siron stated the mobile home was
manufactured in the year 1993, or close to then; therefore, it is eligible to be moved. In response to
Commissioner Conway, Ms. Siron stated the matter was brought to staffs attention as the result of a
person who was interested in buying the property and contacted the Department of Planning
Services to determine whether both of the homes were on the property legally.
James Nakagawa, son of the property owner, stated he plans to remove the mobile home from the
property. Mr. Nakagawa stated his father is in a nursing care unit and is suffering from advancing
dementia; therefore, it is unlikely his father will be able to return to the property. He stated he is
working on reducing, dispersing, and selling his father's assets in order for his father to be eligible
for Medicaid. He requested six months to bring the property into compliance since he is
experiencing difficulty selling the mobile home in the present economy and he may need to demolish
it, if it cannot be sold for use or salvage. Mr. Nakagawa stated he needs to clean up the trash and
farm equipment on the property, and he is working on arranging an auction for the farm equipment
and the auction house wants to conduct the auction on the property; therefore, he needs to clean up
the property and organize the equipment prior to the auction. He stated he is working on his father's
property without any assistance; therefore, it has taken him a lot of time to mow the overgrown
weeds, which needed to occur before he was able to begin cleaning up and organizing the
equipment on the property. He stated he plans to have the property on the market in the spring;
therefore, he requests six months to bring the property into compliance. In response to Chair
Garcia, Mr. Nakagawa stated he is from San Francisco, California; therefore, he must travel in order
to work on the property. Ms. Siron stated there have not been any neighbor complaints regarding
the property. Mr. Nakagawa stated he spoke to a real estate company in May, 2009, which
prompted the inquiries regarding the mobile home. In response to Commissioner Rademacher,
Mr. Nakagawa stated his father added a porch, roof, and garage to the mobile home.
Mr. Nakagawa indicated he believes the mobile home was manufactured by Redman in the year
1986. He stated this type of mobile home is not intended for this type of climate; however, his father
added the roof to make it more suitable to withstand the weather in the area.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Rademacher moved to refer ZCV #0900136 against Joseph Nakagawa to the County
Attorney for legal action, with the instruction to delay action upon such referral until May 10, 2010, in
order to allow adequate time for his son, James Nakagawa, to bring the property into compliance by
removing or demolishing the mobile home. The motion was seconded by Commissioner Kirkmeyer,
Hearing Certification, Zoning Violations
November 10, 2009
Pan° 11
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and it carried unanimously.
ZCV #0900274 - SCHMERGE: 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, 23-3-30.1, 23-3-30.M, 23-3-40,
and 23-3-40.G of the Weld County Code. To bring the property into compliance, the commercial
vehicles must be reduced to the one (1) allowed, and the noncommercial junkyard must be restored,
removed, or screened from all adjacent properties and public rights -of -way. Also, the registration for
the tow trucks must be submitted to determine if a Use by Special Review Permit application must
be submitted. She stated the matter was brought to staff's attention as the result of a complaint
regarding the noncommercial junkyard. She stated the property owner indicated he restores cars as
a hobby and for personal use, and he does not sell the cars on the internet or commercially.
Ms. Siron stated the derelict vehicles have been screened except from the south side, and there are
two (2) tow trucks on the property which read, "not for hire"; however, the Code identifies tow trucks
as commercial vehicles; therefore, the tow trucks need to be reduced to one (1). She stated there is
berming along the south side of the property and the adjacent subdivision is at a higher elevation;
therefore, people will be able to see into the junkyard whether it is screened or not. In response to
Chair Garcia, Ms. Siron stated there are approximately 20 derelict vehicles and various automotive
parts on the property. Commissioner Rademacher inquired as to whether staff has discussed
applying for a USR permit with the property owner. Ms. Siron stated the property owner indicated all
of the vehicles are for personal use. In response to Chair Garcia, Ms. Siron stated if the vehicles
are screened from all four sides, it will bring the noncommercial junkyard into compliance. In
response to Chair Garcia, Ms. Siron stated the tow trucks are a separate issue since the tow trucks
are commercial vehicles, one (1) commercial vehicle is permitted as a use by right for farming, and
five (5) commercial are allowed for properties that are more than 80 acres, as long as the vehicles
are utilized to facilitate an agricultural operation. Ms. Siron recommended the matter be referred to
the County Attorney, with the instruction to delay action for 30 days.
Tom Schmerge, property owner, stated he has been accused of operating a business before;
however, he has not posted any signs, conducted online advertising, or conducted sales out of his
home. Mr. Schmerge stated he has collected cars in Weld County for more than 30 years and he
has resided on the property for approximately 24 years. He stated in the year 1989, the County
required him to screen the derelict vehicles. He further stated at that time the vehicles were located
on the west side of the house, the County selected the present location of the vehicles on the
property, and the County determined what the height of the fence should be. Mr. Schmerge stated
the County did not require a fence on the south side, since the berm is approximately 12 feet tall.
He stated he has not changed anything on the property since it was approved by the County
23 years ago, and he has sold five (5) cars or fewer over the last 10 years. He stated all the
vehicles on the property are collector cars, and there are no piles of junk or trash on the property.
Mr. Schmerge stated he has never tried to hide his vehicle restoration activities from the County.
In response to Chair Garcia, Mr. Schmerge stated he traded a 32 -foot trailer for a one (1) ton flatbed
pick-up truck. Mr. Schmerge stated he contacted the State of Colorado Patrol and the Weld County
Sheriff to determine whether the truck is a commercial vehicle, and both entities indicated the truck
is not considered a commercial vehicle. He stated he owns more than two flatbed vehicles, one (1)
of which has a winch on the back, and he utilizes the vehicles for agricultural purposes and to move
vehicles on the property.
Chair Garcia inquired as to what steps can be taken to ensure there are no more problems for
Mr. Schmerge, if the matter is dismissed. Ms. Siron requested the Board be very specific when
making a motion and that the Resolution include the specifics, in order to prevent Mr. Schmerge
from having to address the matter again in the future. She further requested that Mr. Schmerge
Hearing Certification, Zoning Violations
November 10, 2009
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2009-2931
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provide proof of registration for the flatbed trucks on the property. In response to Commissioner
Rademacher, Ms. Siron confirmed the derelict vehicles are screened from all adjacent roadways.
Betty Schmerge, property owner, indicated she is present.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Rademacher moved to dismiss ZCV #0900274 against Thomas and Elisabeth
Schmerge, since the screening has been deemed to be appropriate, the berming on the south side
of the property has been deemed to be sufficient, and it has been determined the vehicles which
were perceived as commercial vehicles are for personal use; therefore, the Board finds this property
is in compliance with the Weld County Code. The motion was seconded by Commissioner Long,
and he clarified if any new concerns arise, those issues will be considered at that time.
Mr. Schmerge reiterated the fencing has not been altered since it was approved by the County in the
year 1989. Ms. Siron stated all derelict vehicles must remain within the screened area, in order for
the property to maintain compliance. There being no further discussion, the motion carried
unanimously.
ZCV #0900265 - VEGA: Ms. Siron presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 23-3-10, 23-3-20, 23-3-30, 23-3-40., 23-3-40.B,
23-3-40.B.10, 23-3-40.6.17, 23-3-40.B.18 and 23-3-40.Q of the Weld County Code. To bring the
property into compliance, a Use by Special Review Permit application must be submitted for the
operation of a commercial rodeo/roping arena.
Commissioner Conway moved to continue ZCV #0900265 against Abelardo and Nancy Vega to
December 8, 2009, based on staffs recommendation. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
Hearing Certification, Zoning Violations
November 10, 2009
Panes 11
2009-2931
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This Certification was approved on the 16th day of November, 2009.
ATTEST:
Weld County Clerk to the
BY
Deputy Clerk he Board
CD #2009-11
APPROVED:
,BOARD OF COUNTY COMMISSIONERS
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David E. Long
Hearing Certification, Zoning Violations
November 10, 2009
Pan° 14
2009-2931
PL0824
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