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Home My WebLink About20080780.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION A public hearing was conducted on March 11, 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 Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Sharon Kahl County Attorney, Stephanie Arries Planning Department representative, Peggy Gregory Planning Department representative, Ann Siron Planning Department representative, Wendi Inloes Planning Department representative, Kim Ogle Planning Department representative, Bryan Horgen Building Inspection Department representative, Roger Vigil 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#0701072 - FERGUSON: 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 23-3-20, 23-3-30, 23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance, an annexation agreement to the Town of Johnstown must be submitted, or a Use by Special Review application must be submitted, or all commercial vehicles and storage must be removed. Ms. Siron stated this violation was continued from February 12, 2008,to allow time for the property owners to submit the application for annexation to the Town of Johnstown. Staff is requesting this case be referred back to the Department of Planning Services due to the property owners submitting said application. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Long moved to refer ZCV#0701072 against Kirk and Bobbie Ferguson back to the Department of Planning Services. The motion was seconded by Commissioner Masden, and it carried unanimously. ZCV#0701184 - HOUSEMAN: 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 and 23-3-40.R of the Weld County Code. To bring the property into compliance, all commercial operations and 2008-0780 PL0824 storage must be removed or permitted through a Use by Special Review application. Eric Houseman, property owner, and Martin Stock, attorney, stated there are approximately four acres of investment property and a tenant living on the residential side of this property, so there is an up-to-date septic system and a well that serves the domestic usage. Mr. Houseman operates a landscape business from this property so there are three vehicles entering the property in the mornings that are the employees personal vehicles. They park and take the company vehicles out and are gone all day. There is no business done at the site and there is no traffic usage or on-site phone system. There are no materials delivered and no storage of materials on the site, except for some pipe that is stored in an outbuilding. Mr. Stock stated at any one time there may be approximately four commercial vehicles and a few utility trailers on-site, and he feels the use is so minimal on this site that the need for the well and septic system designated for commercial usage; which in fact the employees do not use, is an unwarranted requirement. There is no traffic, so the need for a traffic study is not needed. Commissioner Jerke stated this is a business and the need for a Use by Special Review application must be submitted due to the zoning regulations for this location. Mr. Stock stated his client will need some time to work with the Department of Planning Services to submit the Use by Special Review application. Kim Ogle, Department of Planning Services, stated the property owner should meet with staff and do a pre-application conference to cover what is required for the Use by Special Review application, and this process normally takes sixty days to complete and submit an application. Mr. Stock stated this would be the option that they would want to take in order to bring this property into compliance. Commissioner Rademacher moved to refer ZCV#0701184 against Eric Houseman to the County Attorney for legal action, with the instruction to delay action upon such referral until May 11, 2008, to allow adequate time for the property owner to submit a Use by Special Review application. The motion was seconded by Commissioner Masden, and it carried unanimously. ZCV#0701189 -WPD, LLC/LEED FABRICATION, LLC: Wendi Inloes, Department of Planning Services, presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-2-160 and 23-2-160.W of the Weld County Code. To bring the property into compliance, the pending Site Plan Review #402 must be completed, and the plat map recorded. Ms. Inloes stated there are two outstanding items that need to be addressed to record the plat map, and this should be done within the next thirty days; therefore, staff is requesting this case be continued until April 8, 2008. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Garcia moved to continue ZCV#0701189 against WPD, LLC,c/o LEED Fabrication, LLC, until April 8, 2008, to allow adequate time for the property owner to record the plat map to complete the Site Plan Review application. The motion was seconded by Commissioner Long,and it carried unanimously. ZCV#0701200-GARCIA: 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.M of the Weld County Code. To bring the property into compliance, the commercial vehicle must be removed, or a Zoning Permit for a Commercial Vehicle must be submitted. Ms. Siron requested this case be referred back to the Department of Planning Services, due to a Zoning Permit for a Commercial Vehicle was submitted on February 13, 2008. Neither the property owner nor a representative was present, and there was no public testimony given. Hearing Certification, Zoning Violations March 11, 2008 2008-0780 Page 2 PL0824 Commissioner Rademacher moved to refer ZCV#0701200 against Pascual and Graciela Garcia back to the Department of Planning Services. The motion was seconded by Commissioner Masden, and it carried unanimously. ZCV#0800052 - GUERRERO: 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.M, 23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance, the second commercial vehicle must be removed. Ms. Siron stated were previous complaints received on June 25, 2007, regarding the same violation and these were closed on August 27, 2007, when the property owner assured staff there would only be one commercial vehicle on-site at all times. On October 15,2007,another compliant was received,and this violation was brought before the Board of County Commissioners on November 13, 2007, at which time the case was dismissed due to Mr. Guerrero stating not more then one commercial vehicle is on-site at any given time. Two more complaints have been received since the last violation hearing date. Bernardo Guerrero, property owner, submitted a letter, marked Exhibit A, stating an apology and alerting his staff not to park their trucks on the property, or the street near the property and enclosed the memo to his staff stating such. Responding to Commissioner Masden, Mr.Guerrero stated there should be no future problems. Jon Langstaff, neighbor, stated he has no problem with the one commercial vehicle; however, when there is more than one he will call in a complaint. Mr. Langstaff stated he has not seen two vehicles on-site since February 23, 2008. Mr. Guerrero stated there have been trucks parked on the shoulder of the road that were not his trucks. The Board assured the property owner that, if in fact the trucks were not Mr. Guerrero's, there would be no action taken against him. Mr. Guerrero stated he will continue to maintain a good relationship with his neighbors. Commissioner Masden moved to refer ZCV#0800052 against Bernardo Guerrero to the County Attorney for legal action, with the instruction to delay action upon such referral until September 11, 2008, to allow adequate time for the property owner to keep the number of commercial vehicles to the one allowed, and no complaints are received regarding this for the six month time period. The motion was seconded by Commissioner Long, and it carried unanimously. ZCV#0701191 -ALEXANDER: 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 substantial progress on this violation and there are two camper trailers and some debris left to be removed. Phyliss Alexander, property owner, and Burt Garcia, representative, were present and Mr. Garcia stated he owns Pro Lawn Landscaping, and he has been helping Ms. Alexander clean up the property. Ms. Alexander had rented the property to a gentleman who was in the livestock business, and he left junk and items behind, and he is now gone. Mr. Garcia stated Ms. Alexander lost her husband recently and she does not have anyone to help her with this situation, so Mr. Garcia has stepped in. His crew works after hours and they have moved out most of the junk and piles; however, the campers and frozen piles will need more time to demolish and remove. Mr. Garcia stated Ms. Alexander has spent a sizable amount of money to get this violation cleared up. Due to the inclement weather and time needed to demolish the campers,they are requesting more time. Commissioner Jerke commended Mr.Garcia's efforts to lend a helping hand to a neighbor in need and on the progress made to clean up the site. Hearing Certification, Zoning Violations March 11, 2008 2008-0780 Page 3 PL0824 Commissioner Long moved to refer ZCV #0701191 against Phyliss Alexander to the County Attorney for legal action, with the instruction to delay action upon such referral until May 11, 2008, to allow adequate time for the property owner to demolish the remaining campers and remove all debris, and to remove the noncommercial junkyard. The motion was seconded by Commissioner Rademacher, and it carried unanimously. ZCV #0800013 - BLOOM/JAKUBIAK: 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, 23-3-20.B, 23-3-40, 23-3-40.L, 23-4-130, 23-4-160 and 23-4-160.F of the Weld County Code. To bring the property into compliance, the mobile home must be removed. Responding to Commissioner Jerke, Ms. Siron stated the mobile home was placed on the property under a Medical Hardship situation,which can no longer be justified. Catherine Bloom and Cecilia Jakubiak, property owner and tenant, stated in 2000 they moved the mobile home in for Ms. Jakubiak and her husband to live in, and after her husband passed away in 2006, Ms. Jakubiak stated she has had numerous health problems the past two years and is now living in an assistant living facility. Responding to Commissioner Garcia, Ms. Jakubiak stated she was hoping to move back into the mobile home; however, that may not be a possibility. There is no one living in the mobile home at this time, and it is not being used for storage. They are trying to sell it and have it moved off the property. Commissioner Jerke suggested to Ms. Bloom the possibly of a Recorded Exemption and having two separate parcels. Ms. Bloom stated that is not an option they would consider. Commissioner Long moved to refer ZCV#0800013 against Brett and Catherine Bloom and Cecilia Jakubiak to the County Attorney for legal action, with the instruction to delay action upon such referral until June 11, 2008, to allow adequate time for the property owner to sell and/or remove the mobile home. The motion was seconded by Commissioner Masden, and it carried unanimously. ZCV#0800015 - LOMA: 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, 23-3-40, 23-3-40.O and 23-3-40.R of the Weld County Code. To bring the property into compliance, all commercial vehicles and items must be removed from the site. Ms. Siron stated there have been several complaints in the last two years, and presented pictures into evidence, marked Exhibit A. Staff is requesting this case be referred to the County Attorney for immediate legal action. Marty and Sheila English-Ogden,neighbors,stated this problem has been ongoing,trucks and equipment are being brought onto the property, also there is an auto repair shop producing a strong paint smell in the neighborhood. Mr. Ogden stated he has talked with Mr. Loma regarding the paint shop, the effects of the odor and over-spray, due to the shop not being an approved paint booth. Mr. Loma has brought in truck loads of concrete equipment and this property is not zoned for this type of business. Mr. Ogden stated he even offered to help Mr. Loma with weed control, and there has been no end to the problem. Responding to Commissioner Rademacher, Ms.Siron stated she has inspected the property for the auto repair business and Mr. Loma had moved the vehicles from the site before she arrived and told her there was not an auto body shop business on-site and the vehicles that were there are his. Ms. Siron stated there are more vehicles moved on-site now, and Mr. Loma stated the equipment and supplies are there for personal landscaping. Mr. Loma has not contacted staff regarding the removal of the commercial equipment and vehicles, and Ms.Siron stated staff would require Mr. Loma to show registrations on the vehicles to prove ownership and that they are not on the property for repair. Ms. Ogden stated the neighborhood is quiet and the Hearing Certification, Zoning Violations March 11, 2008 2008-0780 Page 4 PL0824 people who live there have been there for decades. She is tired of cleaning up the trash from this violation and the noise and disruption of the business in this quiet residential neighborhood. Commissioner Rademacher advised Mr. Ogden to call the local fire department or the Environmental Health Department when they are smelling the paint odor and get them involved. Commissioner Masden moved to refer ZCV #0800015 against Francisco Loma to the County Attorney for immediate legal action. The motion was seconded by Commissioner Rademacher, and it carried unanimously. ZCV#0701192-HAMLET: 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 substantial progress and she has spoken with the property owners and they will need more time to complete all the work needed to bring the property into compliance. Duain and Dorothy Hamlet were present and stated the trailer is there to load and move the firewood from the site. The piles of tree limbs are the ones falling off the trees and waiting to be cut up and piled for firewood. Mr. Hamlet stated he fell earlier this year and has had health problems, so he is unable to work more than two hours a day on this project. Ms. Hamlet stated they are doing the best they can due to all their health problems and submitted a list of things they have accomplished, marked Exhibit A. Ms. Hamlet stated some of the debris is frozen to the ground and they cannot remove until the weather cooperates. Commissioner Long moved to refer ZCV#0701192 against Duain Hamlet to the County Attorney for legal action, with the instruction to delay action upon such referral until May 11, 2008, to allow adequate time for the property owners to complete the work needed to bring the property into compliance. The motion was seconded by Commissioner Masden, and it carried unanimously. BCV #0701060 - GRASHOT CROMWELL: 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 Section 29-7-10 of the Weld County Code. To bring the property into compliance, a building permit application and all applicable documentation for the mobile home must be submitted, the fees paid and all inspections completed. Ms. Gregory stated staff has had several conversations with the property owners, and they have discussed that a new well permit must be obtained. Troy and Katrinka Grashot Cromwell, property owners, stated they do not have the funds available for the fees, due to Mr. Cromwell being disabled and receiving one check monthly. They were unprepared for the additional fees, and Mr. Cromwell stated they are having some problems with the other landowners and surrounding neighbors. They are wanting to sell the property. Ms. Cromwell stated a new permit will cost them over$700.00, and is questioning why it will cost that much when the existing mobile home had all the permits and fees paid. They are just replacing the mobile home. Bryan Horgen, Department of Planning Services, stated the mobile home on the property was relocated and re-set up, so a permit is required. Ms. Cromwell stated they do not understand why the fees are so much when they originally paid $100.00, and they have all the hookups and water systems for the old mobile home still in place. They feel they do not need to pay for the new inspections. They have had the new mobile home on the property since November, 2007,and no one has contacted them before on the fees and inspections needed. Ms. Gregory stated this has been an ongoing violation for the last eight months. Staff has had several Hearing Certification, Zoning Violations March 11, 2008 2008-0780 Page 5 PL0824 conversations with the property owners concerning all the issues. Responding to Commissioner Jerke, Mr. Horgen stated in this situation, replacing the mobile home was treated in the same aspect as putting a new mobile home on the site, along with all the inspections and fees. The only way the fees could be modified would be through the consent of the Board of Commissioners. Commissioner Long moved to refer BCV #0701060 against Charles and Katrinka Grashot Cromwell to the County Attorney for legal action, with the instruction to delay action upon such referral until April 11, 2008, to allow adequate time for the property owners to obtain the fees needed and to reduce the new fees to $350.00. The motion was seconded by Commissioner Masden, and upon a roll call vote, the motion carried four to one in favor of reducing the fees and extending the referral date to the County Attorney's Office until April 11, 2008. BCV #0701108 - CONTRERAS: Ms. Gregory presented the case report for the record and pursuant to the case file, this property is in violation of Sections 29-11-20 and 29-3-10 of the Weld County Code. To bring the property into compliance, the permit applications and all applicable documentation must be submitted for the remodel of the home and garage, all fees paid and all inspections completed. Ms. Gregory is requesting this case be referred back to the Department of Planning Services, due to notification issues with the property owner. 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 back to the Department of Planning Services. The motion was seconded by Commissioner Masden, and it carried unanimously. BCV#0701113-GONZALEZ: Ms. Gregory presented the case report for the record and pursuant to the case file, this property is in violation of Section 29-7-10 of the Weld County Code. To bring the property into compliance, the permit application and all applicable documentation to attach the mobile home to the existing home must be submitted. Miguel Gonzalez, property owner, stated he was unaware of the building permits needed and the septic system in place is not large enough to pass inspection for the addition. Mr. Gonzalez stated the cost involved is too much for him, and he has no other opinion but to try to sell the mobile home; however, this is a 1976 mobile home, and no one will buy or take these. Responding to Commissioner Rademacher, Roger Vigil, Department of Building Inspections, stated this mobile home would need a HUD sticker to make it transportable, which in this case, the mobile home is to old to have. In reviewing this case, the Commissioners agreed the only option in the case will be to demolish the mobile home. Commissioner Masden moved to refer BCV #0701113 against Miguel Reyes Gonzalez to the County Attorney for legal action, with the instruction to delay action upon such referral until April 11, 2008, to allow adequate time for the property owner to demolish the mobile home and remove all debris from the site. The motion was seconded by Commissioner Garcia, and it carried unanimously. BCV#0800011 - HARDING: Ms. Gregory 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 new building permit and all fees must be submitted, and all inspections completed. Ms. Gregory stated the building permit had expired in January, Hearing Certification, Zoning Violations March 11, 2008 2008-0780 Page 6 PL0824 2008, and is requesting this case be referred to the County Attorney's Office for immediate legal action. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Rademacher moved to refer BCV#0800011 against Ryan and Carla Harding to the County Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it carried unanimously. BCV#0800027-ROSE: Ms. Gregory 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 application, fees and all applicable documentation must be submitted, and all inspections completed. Ms. Gregory stated Jennifer Rose contacted her and stated she has been out of town, she is aware that she will need to be issued a new building permit and will be in this week to complete. Staff is requesting this case be referred back to the Department of Planning Services. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Garcia moved to refer BCV #0800027 against Jennifer Rose back to the Department of Planning Services. The motion was seconded by Commissioner Long,and it carried unanimously. This Certification was approved on the 17th day of March, 2008. >.. APPROVED: ATTEST: 6 '; = ARD OF COUNTY COMMISSIONERS LondeJ � {�♦( , ELD COUNTY, COLORADO Wel ounty Clerk to hg B A . "g , ' �2 1 Wil . H. Jerke, Chair BY: VV &, I n De u Cler the Board Robe Ten, Pro-Tem CD#2008-03 / Willi F. Garcia 37___ avid E. 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