HomeMy WebLinkAbout20082154.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on August 12, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
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
Planning Department representative, Michelle Martin
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#0800095- SMITH: Ann Siron, Department of Planning Services, presented the case report
for the record and pursuant to the case file, this property is in violation of Sections 23-3-150,
23-3-150.A, 23-3-150.B and 23-3-150.C of the Weld County Code. To bring the property into
compliance, the noncommercial junkyard must be removed from the site. Ms. Siron stated this
violation was continued from July 8, 2008, to allow staff adequate time to contact the property
owner of the violation hearing date. Ms. Siron stated the property owner has been notified of the
hearing date, and has not contacted staff regarding this violation. Neither the property owner nor
a representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV #0800095 against Brett Smith to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it
carried unanimously.
ZCV#0800012 - DURAN: 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. Ms. Siron stated there
has been no contact from the property owner, and staff is requesting this case be referred to the
County Attorney's Office for immediate legal action. Neither the property owner nor a
representative was present, and there was no public testimony given.
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Commissioner Masden moved to refer ZCV#0800012 against Sally Duran to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
ZCV#0800039 - CARLSON: 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 commercial
vehicles must be reduced to the one (1) allowed or a zoning permit must be submitted, or all
commercial vehicles must be removed, and all miscellaneous debris must be removed. Ms. Siron
stated the property owner is in the process of evicting the tenants, and is requesting additional time
to complete this process. Stella Carlson, property owner, stated this property belonged to her
parents who are now in a nursing home. The home was rented out to her granddaughter's mother
and her husband. There were no issues until last year. Ms. Carlson stated a sheriff's officer was
called in on August 8, 2008, and he stated the house was unfit to live in due to cat and dog feces,
holes in the walls, and debris throughout the dwelling. Ms. Carlson stated she has obtained a
"Right to Possess", and she needs to file this with the court. Chair Jerke suggested Ms. Carlson
consult a lawyer to help her through the eviction process. Ms. Carlson stated the tenants were
informed of the violations and they did not comply with removing the equipment or cleaning up the
site.
Commissioner Garcia moved to refer ZCV#0800039 against Stella Carlson to the County Attorney
for legal action, with the instruction to delay action upon such referral until October 12, 2008, to
allow adequate time for the property owner to evict the current tenants and bring the property into
compliance. The motion was seconded by Commissioner Rademacher,and it carried unanimously.
ZCV#0800127-WOOD: 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, 23-3-40.C, 23-3-40.C.1 and 23-3-40.C.8 of the Weld County Code. To bring the
property into compliance, a Use by Special Review application must be submitted, or the dirt bike
track must be closed to the public. Ms. Salzman stated staff has discussed the dirt bike track issue
with the property owners and Teresa Wood stated they will submit a Use by Special Review
application or confine the track to personal use only. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV#0800127 against William and Teresa Wood to
the County Attorney for legal action, with the instruction to delay action upon such referral until
September 12, 2008, to allow adequate time for the property owners to submit a Use by Special
Review application or close the dirt bike track to the public. The motion was seconded by
Commissioner Masden, and it carried unanimously.
ZCV#0800133- MOORE: Ms. Salzman presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld
County Code. To bring the property into compliance, the noncommercial junkyard must be
restored, removed or screened from all adjacent properties and public rights-of-way, and all
commercial vehicles and trash must be removed. Ms. Salzman stated she spoke with Andrew
Moore property owner, and he stated the property is rented out. Ms. Salzman and Deputy Carter,
Hearing Certification, Zoning Violations
August 12, 2008 2008-2154
Page 2 PL0824
from the Weld County Sheriffs Office, advised the tenant on two (2) occasions that the vehicles
could not be parked along the street, and Deputy Carter has tagged several vehicles to be ticketed
and towed; however,the vehicles keep changing. Andrew Moore and Walter Richie,tenant, stated
the white blazer and the green vehicle are the only two vehicles left on the property that belong to
them and they are registered. The other vehicles are owned by the next door neighbor. Mr. Moore
stated the trash along the alley belongs to the neighbor. The only unscreened area is by the gate.
Responding to Commissioner Garcia, Mr. Richie stated the commercial vehicle has been removed,
and they did finish fencing the property this past weekend except for the area in front of the gate.
Responding to Commissioner Masden, Mr. Moore stated no one is living in the camper trailer, and
they are not running any kind of commercial business from this site. Mr. Moore stated there has
been a continuos problem with the neighbors parking along his property. Ms. Salzman stated there
is also a school bus parked in the backyard, that can only be used to transport children to and from
school, so this will need to be removed. Mr. Richie stated the school bus was purchased to convert
into a motor home. He had health problems, so he was not able to complete this project; however,
the bus is operational and he will be getting it licensed.
Commissioner Garcia moved to refer ZCV #0800133 against Andrew Moore Ill to the County
Attorney for legal action, with the instruction to delay action upon such referral until
September 12, 2008, to allow adequate time for the property owner and tenant to complete the
screening in front of the gate area, and to license or remove the school bus. The motion was
seconded by Commissioner Masden, and it carried unanimously.
ZCV#0800066- HARSH: Ms. Salzman presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-30.K,
23-3-30.K.2, 23-3-30.K.3, 23-3-30.K.4, 23-3-30.K.5, 23-3-30.K.6, 23-3-30.K.7, 23-3-30.L,
23-3-30.M, 23-3-40, 23-3-40.R and 23-3-40.AA of the Weld County Code. To bring the property
into compliance, a building permit for one (1) cargo container must be submitted, and all others
must be removed or a Use by Special Review application must be submitted. Current licenses
must be maintained for the two (2) semi-trailers used as storage units, and the noncommercial
junkyard must be restored, removed or screened from all adjacent properties and public rights-of-
way. Ms. Salzman stated Wayne Harsh is in the process of submitting a Use by Special Review
application, and there has been substantial progress on the site. Michelle Martin, Department of
Planning Services, stated the property owner and a neighbor applied for a Clustered Planned Unit
Development Change of Zone; however, they withdrew the application and are pursuing other
avenues. The number of cargo containers has remained the same and are in the same location.
Ms. Martin stated the containers are used to store antique cars and other items. Wayne Harsh
stated he met with staff about fifteen (15) years ago when he started bringing some of these
containers into Weld County, and then all of a sudden they are not in compliance. He got them
permitted and at that time there were seventeen of them. Mr. Harsh stated they were used to store
antique cars and motorcycles, farm equipment and parts, and lumber. He has a hay business.
They were found to be noncompliant in 2001, so he found another piece of property that was more
secluded and moved the seventeen containers to this site. He has had the containers in row
clusters for four years and no one had ever said they were not in compliance until now. When the
law changed in 2006, they had already been on the site for four or five years. The equipment on
the site is for building the roads, which have been constructed by him or the oil company. There
is no business operating from this site. Mr. Harsh stated they withdrew from the Planned Unit
Development, due to it becoming more costly and complicated, and was never told the land would
go from A (Agriculture) to E (Estate), and now he cannot have any equipment on the property;
Hearing Certification, Zoning Violations
August 12, 2008 2008-2154
Page 3 PL0824
therefore, they did obtain a Recorded Exemption which extends for three miles. The County
Attorney told them they could have thirty containers, and he has not brought more in. He used the
cargo containers because they seal tight, and mice, dust and sunlight cannot get in to damage the
vehicles and parts.
Commissioner Rademacher moved to refer ZCV#0800066 against Wayne Harsh to the County
Attorney for legal action, with the instruction to delay action upon such referral until
October 12, 2008,to allow adequate time for the property owner to submit a Use by Special Review
application. The motion was seconded by Commissioner Garcia, and it carried unanimously.
BCV#0701108-CONTRERAS: 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 29-11-20 of the Weld County Code. To bring the property into compliance,
permit applications and all applicable documentation must be submitted for the remodel of the
single family dwelling and the detached garage, all fees paid, and all inspections completed. Ms.
Gregory stated a notice with the violation hearing date was posted on the site, and there has been
no contact from the property owner. A Stop Work Order was issued by an inspector; however, the
next day Ms. Contreras came to the Planning Department and inquired about permits and was told
the garage would make the property over the four percent allowed for buildings on the site. There
has been no further contact, and no application have been submitted. Neither the property owner
nor a representative was present, and there was no public testimony given.
Commissioner Garcia moved to refer BCV #0701108 against Rolando Contreras to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and
it carried unanimously.
Hearing Certification, Zoning Violations
August 12, 2008 2008-2154
Page 4 PL0824
This Certification was approved on the 18th day of August, 2008.
APPROVED:
•
ATTEST: BOARD OF COUNTY COMMISSIONERS
S I •�---1 WELD COUNTY, COLORADO
aci !
Weld County Clerk t
y 4 Wi .a H. Jerke, Chair
Deputy Clerk to the Board
Robert D.jvlasden, Pro-Tem
CD #2008-08 L .( A 1
William F. Garcia
EXCUSED
David E. Long
Douglas demache
Hearing Certification, Zoning Violations
August 12, 2008 2008-2154
Page 5 PL0824
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