HomeMy WebLinkAbout20081920.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on July 8, 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
Building Inspections Department representative, Jimmy Supino
Public Works Department representative, Clayton Kimmi
The following business was transacted:
I hereby certify that a public hearing was conducted to consider whether to authorize the County
Attorney to proceed with legal action against the individuals named for violations of the Weld
County Zoning Ordinance. Cases were heard as follows:
VI #0600087 - SOUTH VALLEY DRIVE, LLC/GREENER IMAGE LANDSCAPING: 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.R
of the Weld County Code. To bring the property into compliance, a Use by Special Review
application must be submitted or the business other then the greenhouse must be removed. Ms.
Salzman stated this case was heard on May 13, 2008, and the Board requested this case be re-
presented at this time to update any annexation plans with the City of Longmont. Ms. Salzman
stated Stephanie Arries, County Attorney's Office, submitted a memo stating the City of
Longmont's response to the annexation questions. Longmont indicated that even if this property
were to be annexed into the City, the business would not be allowed to continue as is on the site.
The property is still currently in violation, and staff is requesting this case be referred to the County
Attorney's office for immediate legal action. Responding to Commissioner Rademacher, Ms.
Salzman stated she spoke with the property owner in May, 2008, as was told all the fencing
material, the arbors, and the sheds would all be removed by July 13, 2008. Commissioner
Rademacher stated he also spoke with the property owner, and would like to extend the date to
allow them more time to complete the removal of the landscaping business from the site. Neither
the property owner nor a representative was present, and there was no public testimony given.
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Commissioner Rademacher moved to refer VI #0600087 against South Valley Drive, LLC, and
Greener Image Landscaping to the County Attorney for legal action, with the instruction to delay
action upon such referral until September 8, 2008, to allow adequate time for the property owner
and the tenant to remove the landscaping business and supplies, and the storage sheds from the
property. The motion was seconded by Commissioner Long, and it carried unanimously.
BCV#0800050 - FOSS: 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 29-7-10
and 29-7-120 of the Weld County Code. To bring the property into compliance, a building permit
and all applicable documentation must be submitted for the mobile home, all fees paid, the permit
issued and all the inspections completed. Ms. Gregory stated the notice for today's hearing was
posted, and Mr. Foss claims the mobile home has been on site for ten (10)years and he has lived
in it for the past eight(8)years; however, the mobile home has never been permitted and does not
meet building codes. Staff is recommending this case be referred to the County Attorney's Office
for immediate legal action due to the safety issues, and also a stop work order has been issued.
Jimmy Supino, Department of Building Inspections, stated the basic situation is not dangerous;
however, the mobile home may shift due to the home being placed on tree stumps. The standard
supports would be concrete or concrete blocks. The health issues would relate to the septic lines
breaking or leaking if the home would shift, and the oil and paint dumping. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer BCV #0800050 against Toby Foss to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
ZCV#0800025-CASE: Ms. Salzman presented the case report for the record and pursuant to the
case file,this property is in violation of Sections 23-3-20,23-3-20.A, 23-3-30,23-3-30.D, 23-3-30.F
and 23-3-30.M of the Weld County Code. To bring the property into compliance, the mobile home
must be removed, and the commercial vehicles must be removed or appropriately permitted,along
with any operation or storage of business supplies. Ms. Salzman stated she spoke with Joseph
Case, property owner's father, and was told he will submit a current registration for the semi-trailer,
and they will be removing the other commercial vehicle. Ms. Salzman stated in 1969 the Board of
Adjustments heard the case for the mobile home; at which time the home was denied. The mobile
home was never removed, and there was no follow up on the case to see that it had been removed.
Later, when Brian Case purchased the property, he was not aware that the mobile home was a
violation, and therefore thought it was allowed on the site. Ms. Salzman stated this property is 1.4
acres in size and has two homes, plus the mobile home, that are used as dwelling units. The only
option from the Department of Planning Services is that the mobile home be removed. Joseph
Case, owner of the mobile home, stated they were under the impression the mobile home could
stay as long as they never upgraded it, and was told that it was grandfathered on the property.
They purchased the property in 1980. Mr. Case stated he was planning on moving into the mobile
home when his health deteriorated. Commissioner Jerke stated this hearing was not to approve
an application that has not been submitted, and that would be something Mr. Case would have to
work through with the Department of Planning Services. Also, Commissioner Jerke expressed
there are two stick build homes, plus a mobile home on a small site, and also some home business
Hearing Certification, Zoning Violations
July 8, 2008 2008-1920
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activity, making it a challenging Use by Special Review application to go through, and that will be
a entirely different process then what is being heard today. Today's hearing is to determine the
actions that need to be taking to bring the property into compliance.
Commissioner Garcia moved to refer ZCV#0800025 against Brian Case to the County Attorney
for legal action,with the instruction to delay action upon such referral until October 8, 2008, to allow
adequate time for the property owners to submit a Use by Special Review application, or remove
the mobile home and the commercial vehicles. The motion was seconded by Commissioner
Rademacher, and it carried unanimously.
VI#0600543- LACOE: 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.L, 23-3-30.M, 23-3-40
and 23-3-40.R of the Weld County Code. To bring the property into compliance, a Use by Special
Review application must be submitted or the commercial vehicles numbering more than the one
allowed must be removed,and current registrations for the semi-trailers used as storage units must
be provided. Daniel LaCoe, property owner, stated the equipment is not used commercially, the
commercial vehicles are parked and stored at a different location. Mr. LaCoe stated the water truck
was brought onto the property during the July 4 weekend due to fire danger among the weeds on
his property. The water truck will be removed to the other site this week. The pickups are personal
vehicles for family use. Mr. LaCoe stated he has kept the business and equipment at a different
location. The backhoe on-site is used for snow removal and street plowing for his property and
surrounding neighbors. They do not have snow removal in that area, and he has done this for a
number of years at no cost to the surrounding neighbors. Responding to Commissioner Jerke,
Mr. LaCoe stated the garage on-site is used to restore four-wheel drive vehicles, which is a hobby,
not a business. Mr. LaCoe stated all the equipment and vehicles on this property are titled under
his name, not through a business name, and they are for personal use.
(Clerk's note: BCV#0800076 violation was called up regarding the structural steel building on site.)
Responding to Commissioner, Ms. Salzman stated staff has received numerous complaints
regarding the commercial traffic through Wattenberg. Responding to Commissioner Garcia,
Stephaine Arries, Assistant County Attorney, stated the classification of an commercial vehicle is
the intended use vehicle by the manufacturer. In this case there is not an agricultural or
commercial use involved, only private use. Chair Jerke stated he wanted to check in the next few
month to be sure the property is being utilized as stated by Mr. LaCoe, and if the property has been
brought into compliance regarding the building permit issue.
Commissioner Rademacher moved to dismiss VI #0600543 against Daniel LaCoe due to the
property not being used for commercial purposes, thus being in compliance. The motion was
seconded by Commissioner Long, and it carried unanimously.
BCV#0800076- LACOE: 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 building permit and all applicable documentation must be submitted,
all fees paid, the permit issued, and all inspections completed. Also, a Flood Hazard Development
Permit application must be submitted to the Department of Public Works. Ms. Gregory stated the
previous building had been destroyed by fire, and this structure was re-built without a permit. There
Hearing Certification, Zoning Violations
July 8, 2008 2008-1920
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are flood hazard issues on the site that need to be addressed. Clayton Kimmi, Department of
Public Works Engineering, stated this property is located in the flood plain for the South Platte
River. Mr. Lacoe did obtain a Flood Hazard Development Permit for the main dwelling unit, and
one is required for the new structure as well. Responding to Commissioner Rademacher, Mr.
Kimmi stated there would have to be improvements to the building to meet the Flood Hazard
Development Permit along with the fee required. Responding to Commissioner Rademacher, Mr.
Kimmi stated berming would not be allowed. Mr. LaCoe stated there was a fire that destroyed the
original garage. They decided to re-construct the garage so they did apply for a building permit.
The building permit did expire due to a problem they had with contacting the Department of Public
Works. He made several phone calls, and never received a response. This continued for over a
year and a half, so he basically let it drop. Several month ago, he received a notice to follow up
on this issue, at which time he contacted Dave Bauer at the Weld County Department of Public
Works. Mr. Bauer told him he was doing some checking on whether they could amend the existing
flood hazard permit or if a new one was required. Mr. LaCoe has not heard from them since then.
Last week Tuesday, Mr. Bauer finely contacted him with the options. At this point, the permit had
expired, and there was not time to act on the options provided. Mr. LaCoe stated he has hired an
engineer to help resolve the problems. Adam Summers, engineer for Mr. LaCoe, stated there may
have been some resolution on what was needed for the garage at this hearing. They will submit
a Flood Plain Development Permit, provide a finished floor elevation certificate if it shows that this
structure is in the flood plain, not the flood way,and then it should just be an administrative process
that can be taken care of with staff. Responding to Commissioner Jerke, Mr. Summers requested
sixty days to complete the paper work needed. Ms. Gregory stated the building permit could be
submitted and will be held until the flood plain issues are resolved, and also stated the structure
was built and completed without a building permit and was tagged with a "stop work" order. Only
then did Mr. LaCoe came in to apply for a building permit.
Commissioner Long moved to refer BCV#0800076 against Daniel LaCoe to the County Attorney
for legal action, with the instruction to delay action upon such referral until September 8, 2008, to
allow adequate time for the property owner to submit a Flood Hazard Development Permit and
complete the work needed to bring the structure into compliance for this permit. The motion was
seconded by Commissioner Rademacher, and it carried unanimously.
(Clerk's note: Commissioner Masden is now present.)
ZCV#0800065- NESVIK: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,
23-3-20.A, 23-3-30 and 23-4-130 of the Weld County Code. To bring the property into compliance,
a zoning permit for the converted dwelling unit must be submitted. Ms. Siron stated the property
owner's father lives in the house, and a care-taker is occupying a garage that has been converted
into a dwelling unit. The lot size does not allow for a mobile home to be brought in as a Medical
Hardship. Ms. Siron stated this is a temporary condition due to Mr. Nesvik's father's health
deteriorating. Donald Nesvik, property owner, stated his father has dementia, and the care-taker
is a friend of the family. Mr. Nesvik stated his father is continuing to get worse, and is not sure how
much longer he will be able maintain the living arrangements he has now. Responding to
Commissioner Long, Mr. Nesvik stated the apartment is hooked up to the same septic as the
house, and was built to code. There should be no problems in the safety conditions of the
apartment. Mr. Nesvik stated he will set up inspections for the electrical and plumbing hookups
to assure the apartment is safe.
Hearing Certification, Zoning Violations
July 8, 2008 2008-1920
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Commissioner Masden moved to refer ZCV #0800065 against Donald Nesvik to the County
Attorney for legal action, with the instruction to delay action upon such referral until
October 8, 2008, to allow adequate time for property owner to submit a zoning permit, or remove
the dwelling unit from the shop. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
ZCV#0800040 - BENAVIDEZ: 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, 23-3-150.6 and
23-3-150.C of the Weld County Code. To bring the property into compliance, the noncommercial
junkyard and household trash must be removed from the site. Ms. Siron spoke with Mary
Benavidez approximately one week ago, and Ms. Benavidez stated she has been working on
cleaning up the site and will be needing more time. Neither the property owner nor a representative
was present, and there was no public testimony given.
Commissioner Masden moved to refer ZCV#0800040 against Mary Ann Benavidez to the County
Attorney for legal action,with the instruction to delay action upon such referral until August 8,2008,
to allow adequate time for the property owner to remove the noncommercial junkyard. The motion
was seconded by Commissioner Garcia, and it carried unanimously.
ZCV#0800095 - SMITH: 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 noncommercial junkyard and
all household trash must be removed from the site. Ms. Siron stated the property owner is out of
state, and staff is requesting this case be continued until August 12, 2008, to allow adequate time
to notify the property owner of the violation hearing date. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Long moved to continue ZCV#0800095 against Brett Smith to allow adequate time
for staff to notify the property owner of the violation hearing date. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
ZCV#0800083 - HICKS: 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, 23-3-30, 23-3-40, 23-3-40.L
and 23-4-130 of the Weld County Code. To bring the property into compliance, the mobile home
must be removed. Ms. Siron spoke with Mrs. Hicks on July 7, 2008, and also the party responsible
for removing the mobile home. They had a truck break down so they were not able to remove the
mobile home over the weekend. It will be removed by the end of this week. Staff is requesting
thirty days to complete this project to bring the property into compliance. Neither the property
owners nor a representative was present, and there was no public testimony given.
Commissioner Long moved to refer ZCV#0800083 against Stanley Hicks to the County Attorney
for legal action, with the instruction to delay action upon such referral until August 8, 2008, to allow
adequate time for the property owners to remove the mobile home to bring said property into
compliance. The motion was seconded by Commissioner Rademacher,and it carried unanimously.
Hearing Certification, Zoning Violations
July 8, 2008 2008-1920
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This Certification was approved on the 14th day of July, 2008.
APPROVED:
ATTEST: gefil `;''!4t . t BOARD OF COUNTY COMMISSIONERS
` WELD COUNTY, COLORADO
�'Weld County Clerk to th��� ft,
10,
�' q� , Wi H. Jerke, Chair
BY:
Deputy Clerk to the Bk?cf jj H' •*Or
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Robert D. n, Pro-Tem
CD #2008-07 (4/J/�'1
Willem F. Garci/
EXCUSED DATE OF APPROVAL
David E. Long
ougl Radem her
Hearing Certification, Zoning Violations
July 8, 2008 2008-1920
Page 6 PL0824
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