HomeMy WebLinkAbout20081684.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on June 17, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
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
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#0800061 - FOSS: Bethany Salzman, Department of Planning Services, presented the case
report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20,
23-3-30 and 23-3-30.1 of the Weld County Code. To bring the property into compliance, the
noncommercial junkyard must be restored, removed or screened from all adjacent properties and
public rights-of-way, and all household trash must be removed. Ms. Salzman stated an inspection
of the property was conducted on June 16, 2008, and most of the noncommercial junkyard has
been removed; however, some miscellaneous debris and one car remains. Also, there is an
ongoing building violation due to a mobile home that is placed on tree stumps. This is a safety
issue, and has been red tagged through the Building Inspections Department. There has been
some progress on the property since April, 2008. Ms. Salzman stated this is a repeat violation of
a noncommercial junkyard since 2001,again in 2003,was inclosed by screening in 2004; however,
the noncommercial junkyard has now expanded beyond the screening. 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. Responding to Chair Jerke regarding the red tagging on the mobile
home, Peggy Gregory, Department of Planning Services, stated she spoke with Toby Foss who
stated the mobile home has been there for ten (10)years and he has lived in it for eight(8) years,
so he does not believe there should be an issue with it now. Ms. Gregory stated the mobile home
is not inhabitable, and staff is addressing that violation at a later date. Neither the property owner
nor a representative was present, and there was no public testimony given. Responding to
Commissioner Jerke, Stephanie Arries, Assistant County Attorney, stated it would be more cost
effective to address both violations at one time.
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Commissioner Long moved to continue ZCV#0800061 against Toby Foss until July 8, 2008, to
allow adequate time for staff to bring both violations into effect and having one (1)action taken by
the County Attorney to address these violations through court. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
ZCV#0701141 -HUNT: Ms. Salzman presented the ease 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 {ballets must be removed or dismantled and
stacked as firewood, and all debris must be removed. Ms. Salzman stated she spoke with Darent
Hunt in March 2008, and he was told at that time alai the pallets would need to be removed or
restored and the property would need to be cleaned up. Upon inspection of the site on
June 16, 2008, the junkyard has expanded, and it is apparent that the public is now dumping on
the site. Neither the property owner nor a representative was present, and there was no public
testimony given.
Commissioner Rademacher moved to refer ZCV #0701141 against Annette Hunt to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
VI #0600381 - DEHERRERNGONZALEZ: Ms. Salzman presented the case report for the record
and pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1
and 23-3-30.M of the Weld County Code. To bring the property into compliance, the
noncommercial junkyard must be restored, removed pr screened from all adjacent properties and
public rights-of-way,and the commercial vehicles must be removed or appropriately permitted. Ms.
Salzman stated she met with Silvestre Gonzalez and Tommy Deherrera on June 4, 2008, to
discuss what was needed to bring this property into compliance. An inspection was conducted on
June 16, 2008, and the debris is still present. Registrations for four (4) of the vehicles were
presented, so there are two (2) derelict vehicles left Qn the site. There is a dump truck parked in
the alley-way and this still needs to be removed. Staff is requesting thirty(3)days for this violation
to allow the property owner to complete all the clean up needed. Tommy Deherrera, property
owner, stated he has discussed what was needed with his tenant and they will need one month to
complete. Responding to Commissioner Garcia, Mr. Deherrera stated the dump truck was
recovered when the owner passed away, so the tenant cannot get the title back. He will have to
contact the owners wife to get the title changed back. Mr. Deherrera stated he would like to thank
the County for all the work in cleaning up the properties in this area, and he will continue to work
on cleaning up his property.
Commissioner Garcia moved to refer VI #0600381 against Tommy Deherrera and Silvestre and
Maria Gonzalez to the County Attorney for legal action, with the instruction to delay action upon
such referral until July 17, 2008, to allow adequate time for the property owner and tenants to
restore, remove or screen the noncommercial junkyard from all adjacent properties and public
rights-of-way, and to remove the dump truck. The motion was seconded by Commissioner Long,
and it carried unanimously.
Hearing Certification, Zoning Violations
17th, 2008 2008-1684
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ZCV#0800068-SARCHET: Ms. Salzman presented the case report for the record and pursuant
to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.R
of the Weld County Code. To bring the property into compliance, the commercial vehicles,
numbering more than the one allowed, must have a Use by Special Review application submitted.
Ms. Salzman stated a letter was submitted on June 16 2008, to withdraw the Use by Special
Review application, marked Exhibit A, and the tenant will be moving this business within thirty(30)
days. Neither the property owner nor a representative was present, and there was no public
testimony given.
Commissioner Rademacher moved to refer ZCV#0800068 against Mildred Sarchet to the County
Attorney for legal action, with the instruction to delay action upon such referral until July 17, 2008,
to allow adequate time for the tenant to move the business from this site. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
ZCV#0800016-GODFREY: 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 justified as an Accessory to the Farm. Ms. Salzman stated Christopher Ernst, property
owner's representative, submitted a letter requesting ninety(90)days to remove the mobile home.
Staff is requesting sixty(60)days to allow the property owner time to remove the mobile home due
to the fact that the dairy has been removed and the home does not qualify for an Accessory to the
Farm. Responding to Commissioner Rademacher, Ms. Salzman stated there is no farming or
agriculture usages visible from this property, the current tenant farms for a surrounding neighbor
and does not work for Mr. Godfrey. Neither the property owner nor a representative was present,
and there was no public testimony given.
Commissioner Garcia moved to refer ZCV#0800016 against Christopher Godfrey to the County
Attorney for legal action, with the instruction to delay action upon such referral until
August 17, 2008, to allow adequate time for the property owner to remove the mobile home. The
motion was seconded by Commissioner Long, and it carried unanimously.
ZCV#0701211 - HOUSTON: Ms. Salzman presented the case report for the record and pursuant
to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1 and 23-3-30.M
of the Weld County Code. To bring the property into compliance, the noncommercial junkyard
must be restored, removed or screened from all adjacent properties and public rights-of-way, and
the commercial vehicles, numbering more then the one allowed, must be removed, or a Use by
Special Review application must be submitted. Ms Salzman stated she spoke with Thomas
Houston Jr. on June 11, 2008, and he indicated the tow truck will be removed from the property.
Mr. Houston had back surgery in 2007, which made the property fall behind. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Long moved to refer ZCV#0701211 against Thomas and Kathleen Houston to the
County Attorney for legal action, with the instruction to delay action upon such referral until
August 17, 2008, to allow adequate time for the property owner to restore, remove or screen the
noncommercial junkyard from all adjacent properties and public rights-of-way, and to remove the
commercial vehicle. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
Hearing Certification, Zoning Violations
17th, 2008 2008-1684
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ZCV#0800063 -TRETTER: 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 the
vehicles that are not owned by the property owner must be removed or a Use by Special Review
application must be submitted. Ms. Salzman stated the owner has removed most of the derelict
vehicles, and will be moving the tires to the recycling facility through the federal grant at the Public
Health Department. The property owner is requesting sixty(60) days to complete the screening
along the east side of the area for his personal noncommercial junkyard,which is not related to the
tenant's area. Ms. Salzman stated there has been substantial progress on this violation. Neither
the property owner nor a representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV#0800063 against Donald and Sherri Tretter to
the County Attorney for legal action, with the instruction to delay action upon such referral until
August 17, 2008, to allow adequate time for the property owner to complete the screening for the
noncommercial junkyard and to remove the old tires. The motion was seconded by Commissioner
Garcia, and it carried unanimously.
ZCV#0800098-TUCKER: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 restored or removed from the site. Ms. Siron
met with Daniel Tucker on June 16, 2008, and he has removed most of the debris and derelict
vehicles, and indicated that the property will be cleaned up in approximately one (1) week. Ms.
Siron stated there has been substantial progress. Neither the property owner nor a representative
was present, and there was no public testimony given.
Commissioner Long moved to refer ZCV#0800098 against Daniel Tucker to the County Attorney
for legal action, with the instruction to delay action upon such referral until July 17, 2008, to allow
adequate time for the property owner to restore or remove the noncommercial junkyard. The
motion was seconded by Commissioner Garcia, and it carried unanimously.
ZCV#0800041 -WELTER: 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, 23-3-150.C and
23-3-150.D of the Weld County Code. To bring the property into compliance, the noncommercial
junkyard must be restored or removed from the site. Ms. Siron stated there has been no contact
from the property owner, and the certified mail has not been received signed. Staff is requesting
this case be continued until July 8, 2008. Neither the property owner nor a representative was
present and there was no public testimony given.
Commissioner Garcia moved to continue ZCV#0800041 against Robert and Caroline Welter until
July 8, 2008, to allow adequate time for staff to notify the property owners of the violation hearing
date. The motion was seconded by Commissioner Rademacher, and it carried unanimously.
Hearing Certification, Zoning Violations
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ZCV#0800100-SANTILLAN: 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, 23-3-40, 23-3-40.Q, 23-3-50
and 23-3-50.D of the Weld County Code. To bring the property into compliance, the number of
horses must be reduced to one, or a Use by Special;Review Application must be submitted. Ms.
Siron stated upon an inspection conducted on June 16, 2008,three(3)horses and five(5)or more
goats still remain on site; however, staff was unable to verify if all the animals were Mr. Santillan's,
or from a neighboring property. Ms. Siron attempted to contact the property owner by telephone
on June 16, 2008, and was not able to talk with Mr. Santillan. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Garcia moved to refer ZCV #0800100 against Raudel Santillan to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Rademacher,
and it carried unanimously.
BCV#0800069 - BRAESCH: Ms. Gregory presented the case report for the record and pursuant
to the case file, this property is in violation of Section 29-3-10 of the Weld County Code. To bring
the property into compliance, a permit application land all applicable documentation must be
submitted for the detached garage, all fees paid, and all inspections completed. Ms. Gregory
stated Cory Braesch submitted a quick permit for a detached garage in September of 2007;
however, this permit was never picked up, and the febs were never paid. The garage was built in
spite of this, and in March, 2008, an inspector was on site and issued a stop work order until a
permit was issued. An inspector posted a notice onl the property advising the property owner of
the hearing today. Mr. Braesch did contact staff and stated he would be in on June 11, 2008, to
obtain a permit, and then again on June 17, 2008, he contacted staff and advised them he will be
in on June 18, 2008, to get the permit. Staff is requesting thirty (30) days to allow the property
owner adequate time to submit a building permit. Neither the property owner nor a representative
was present and there was no public testimony given.
Commissioner Rademacher moved to refer BCV #0800069 against Cory Braesch to the County
Attorney for legal action, with the instruction to delay action upon such referral until July 17, 2008,
to allow adequate time for the property owner to submit a building permit, pay all fees, and have
all inspections completed. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
Hearing Certification, Zoning Violations
17th, 2008 2008-1684
Page 5 PL0824
This Certification was approved on the 23rd day of June, 2008.
APPROVED:
ATTEST: 5 k:OARD OF COUNTY COMMISSIONERS
t, .N ELD COUNTY, COLORADO
` y
Weld Co my Clerk to e
f- Y A illiam H. Jerke, Chair
Deputy Cler o the Board �"" EXCUSED
Robert D. Masden, Pro-Tem
CD #2008-06 11(
�Vilff . Garcia
Dav d E. Long
oa
Dougla ademacher
Hearing Certification, Zoning Violations
17th, 2008 2008-1684
Page 6 PL0824
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