HomeMy WebLinkAbout20081420.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on May 13, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tern
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
Planning Department representative, Wendi Inloes
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:
BCV#0800027 - ROSE: 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, the permit
application and all applicable documentation must be submitted, all fees paid, the permit issued,
and all inspections must be completed. Ms. Gregory stated this case was referred back to the
Department of Planning Services at the March 11, 2008, violation hearing due to Jennifer Rose,
property owner, assuring staff she would submit the permit application that week. Ms. Gregory
contacted Ms. Rose by telephone on May 5, 2008, and was informed that Ms. Rose would come
by the office on May 9, 2008, and get a new permit; however, once again she did not do so. Staff
is recommending 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.
Commissioner Long moved to refer BCV#0800027 against Jennifer Rose to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Masden, and it carried
unanimously.
ZCV#0800079 - DAVENPORT: 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, 23-3-20.B, 23-3-30 and 23-3-30.F of the Weld County Code. To bring the property into
2008-1420
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compliance,the second mobile home must be removed or appropriately permitted for a Temporary
Dwelling Unit during construction. Ms. Salzman stated the property owner has begun to demolish
the second mobile home and will need to complete this project. This property has been in violation
since 2006, and Ms. Salzman stated she discussed with Val Davenport what was needed to bring
this property into compliance on May 12,2008,and did not receive any response from him on when
he would complete this. Neither the property owner nor a representative was present, and there
was no public testimony given.
Commissioner Rademacher moved to refer ZCV#0800079 against Val Davenport to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
ZCV#0800018 - ESTRADA: 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.F,
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, all household trash must be removed, the mobile home must be removed or
appropriately permitted,and the commercial vehicles must be removed or a Use by Special Review
application must be submitted. Ms. Salzman stated the property owner met with Planner, Michelle
Martin, and herself on March 12, 2008, and discussed a Recorded Exemption to split the mobile
home from the principle dwelling unit, thus allowing a dwelling unit on each lot. A Use by Special
Review application will be required for any commercial activities or vehicles on site, and the
noncommercial junkyard will need to be restored, removed or screened from all adjacent properties
and public rights-of-way. Responding to Commissioner Jerke, Ms. Salzman stated this is the
second violation on this property for the noncommercial junkyard since 2003. Antonio Estrada was
present, and stated that the piles of scrape metal grew over the winter months due to weather
conditions making it difficult to haul items to the crusher in Denver. Mr. Estrada stated he paid
taxes on the mobile home as a dwelling unit, so he was considering renting it out. He is wanting
to extend the main dwelling, trying to clean up the property, and take care of his younger children,
so he is not getting a lot of work done toward the cleaning up of the property. Commissioner Jerke
stated there may be some level of disconnection on the information received today regarding the
property. The hearing today is not about the taxation of the property,only the violations on the land
use. To separate the property is time consuming and costly, so if the mobile home is not up to
date, or is an older model, this may not be cost effective. Mr. Estrada explained he would like to
have the mobile home removed or demolished, it is not being used for a dwelling unit. Also,
Commissioner Jerke explained to Mr. Estrada that the salvage business he is operating from this
site must have a Use by Special Review as this area is not zoned for that type of use. Responding
to Commissioner Rademacher, Mr. Estrada stated he is planning to move from this property, and
will try to clean up as much as possible; however, will need approximately two (2) more months to
complete this.
Commissioner Garcia moved to refer ZCV #0800018 against Antonio Estrada to the County
Attorney for legal action, with the instruction to delay action upon such referral until July 13, 2008,
to allow adequate time for the property owner to remove the commercial vehicles and equipment,
remove or demolish the mobile home, and to restore, remove or screen the noncommercial
junkyard from all adjacent properties and public rights-of-way. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
Hearing Certification, Zoning Violations
May 13, 2008 2008-1420
Page 2 PL0824
ZCV#0701148 - GILDOW: 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, 23-3-301 and 23-3-30.M
of the Weld County Code. To bring the property into compliance, the building permit for the cargo
container must be finalized, the commercial vehicle must be removed or a Zoning Permit for a
Commercial Vehicle must be submitted, and the semi trailer must be removed or included with the
above permit application. Ms. Salzman stated staff has not had contact with Mr. Gildow since
November, 2007; however, the noncommercial junkyard has been screened, and he has obtained
a building permit for the cargo container. The commercial vehicles still need to have Zoning
Permits submitted, which Ms. Salzman stated she had mailed to the property owner and never
received back. Douglas Gildow stated he has built a fence to screen the vehicles he is restoring,
and the trailer is empty. Mr. Gildow stated he had by-pass surgery and the business has been shut
down. He is trying to sell the semi-truck and trailer. Responding to Commissioner Rademacher,
Ms. Salzman stated the cargo container needs to have the permit finalized, and as soon as the
semi-truck and trailer are removed, the property will be in compliance. Mr. Gildow stated he can
no longer drive over the road due to his health, and to sell the truck and trailer will require some
time due to the market for such vehicles is slow.
Commissioner Long moved to refer ZCV #0701148 against Douglas and Mandie Gildow to the
County Attorney for legal action, with the instruction to delay action upon such referral until
August 13, 2008, to allow adequate time for the property owner to sell the semi-truck and trailer
and to finalize the building permit for the cargo container. The motion was seconded by
Commissioner Masden, and it carried unanimously.
ZCV#0701065-BERNHARDT/WINSTEAD: 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 screening for the
noncommercial junkyard must be repaired or replaced, and the household trash must be removed.
Ms. Salzman stated Marie Bernhardt has passed away, therefore Joyce Westerman is the
responsible party for this property. Ms. Salzman stated upon an inspection on May 12, 2008, the
noncommercial junkyard has been restored,and she spoke with Wayne Howard of TerraWest,who
is representing Ms. Westerman, and he stated the roll-off dumpster will be removed within thirty
(30) days. Staff is requesting this case be continued until June 17, 2008. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Rademacher moved to continue ZCV #0701065 against Marie Bernhardt until
June 17, 2008,to allow adequate time for the property owner to finish the clean-up and remove the
dumpster to bring the property into compliance. The motion was seconded by Commissioner
Garcia, and it carried unanimously.
ZCV #0701142 - HERGENREDER: 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. Ms.
Salzman stated she met with Elmer Hergenreder on May 12, 2008, and he will need thirty (30)
days to complete the clean up needed. Neither the property owner nor a representative was
present, and there was no public testimony given.
Hearing Certification, Zoning Violations
May 13, 2008 2008-1420
Page 3 PL0824
Commissioner Garcia moved to refer ZCV#0701142 against Elmer and Betty Hergenreder to the
County Attorney for legal action, with the instruction to delay action upon such referral until
June 13, 2008, to allow adequate time for the property owners to restore, remove or screen the
noncommercial junkyard from all adjacent properties and public rights-of-way. The motion was
seconded by Commissioner Rademacher, and it carried unanimously.
ZCV#0800020-ABERLE: 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 and
equipment must be removed or a Use by Special Review application must be submitted. Staff is
requesting this case be referred back to the Department of Planning Services, due to a Use by
Special Review application being submitted. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Masden moved to refer ZCV #0800020 against Michael Aberle back to the
Department of Planning Services. The motion was seconded by Commissioner Long,and it carried
unanimously.
VI #0600087 - SOUTH VALLEY DRIVE, LLC/GREENER IMAGE LANDSCAPING: 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 and equipment must be removed or a Use by
Special Review application must be submitted, or they need to reduce the operation back to a
greenhouse only, which is a Use by Right. Ms. Salzman stated this violation has been open since
2006,waiting on the City of Longmont to annex the property into the city limits; however, there have
been no hearings regarding annexation. Neither the property owners nor a representative was
present, and there was no public testimony given. Commissioner Jerke brought forth the fact that
Longmont has been promising annexation for a number of years and there is a serious issue there,
also the fact that we have out of state property owners that are trying to work through this process
of annexation. Responding to Commissioner Rademacher, Ms. Salzman stated the property
owners did submit an annexation application to the City of Longmont in 2006.
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 July 13, 2008, to allow adequate time for the property owner to
contact the City of Longmont regarding annexation and to report back to the Board of
Commissioners before starting legal action. The motion was seconded by Commissioner Masden,
and it carried unanimously.
ZCV#0701154-PARKER: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
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 Vernie Parker passed away in March, 2008, and the family has
requested more time to complete the clean-up. Neither the property owners nor a representative
was present, and there was no public testimony given.
Hearing Certification, Zoning Violations
May 13, 2008 2008-1420
Page 4 PL0824
Commissioner Long moved to refer ZCV#0701154 against Vernie Parker to the County Attorney
for legal action, with the instruction to delay action upon such referral until August 13, 2008, to
allow adequate time for the property owners to restore, remove or screen the noncommercial
junkyard from all adjacent properties and public rights-of-way. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
VI #0600344- HOWARD: 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 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 Cecil Howard contacted staff on May 12, 2008, and
requested additional time to complete this project. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer VI #0600344 against Cecil and Shirley Howard to the
County Attorney for legal action, with the instruction to delay action upon such referral until
June 13, 2008, to allow adequate time for the property owners to restore, remove or screen the
noncommercial junkyard from all adjacent properties and public rights-of-way. The motion was
seconded by Commissioner Long, and it carried unanimously.
ZCV#0701169 - PLUNKETT: 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.A, 23-3-30, 23-3-30.1,
23-3-30.M, 23-3-40, 23-3-40.G and 23-4-130 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, the commercial vehicles must be removed or a Use by Special
Review application or a Zoning Permit must be submitted,the third mobile home must be removed,
and the camper trailer must remain unoccupied and disconnected from all utilities. Ms.Siron stated
this is a reoccurring violation dating back to 2004, and there are some neighborhood concerns.
Harold Plunkett stated his mother is living in the camper trailer at this time; however, she will be
moving into the main dwelling unit. Mr. Plunkett stated there is no business being operated from
this site. He is storing some vehicles for other people and the others are personal vehicles that he
has collected and is working on. He has removed a number of vehicles. Mr. Plunkett stated his
mother drives the commercial vehicle and parks there when she is not working.
Sandra Norris and Margret Lacey, surrounding neighbors, read testimony regarding the concerns
that the neighbors have. There have been several complaints filed regarding the salvage
operation, and the site being used as a dump. The problem has grown in the last few years, and
as neighbors, they are concerned about their property values, and the health issues and fire
hazards associated with the collection of trailers and other derelict vehicles stored on the property.
There is traffic and noise long into the evening hours, and they fear there may be illegal activity
happening in this area. They are requesting Weld County move to secure their neighborhood by
getting this site into compliance. At one time there was screening; however, the problem has
grown out from this screening on both sides. Ms. Lacey stated there has not been any
improvement for the ten years she has lived there. Responding to Commissioner Rademacher,
Ms. Norris stated the letter she read was from the surrounding three neighbors to the Plunkett
property.
Hearing Certification, Zoning Violations
May 13, 2008 2008-1420
Page 5 PL0824
Alfred Plunkett, property owner's father, stated he is helping clean up the front yard and his
equipment broke down. They are planning to finish the screening, and will continue to work on
cleaning up this site They cannot do much until he gets his truck repaired, which may take
approximately two (2) weeks.
Commissioner Masden moved to refer ZCV #0701169 against Harold Plunkett to the County
Attorney for legal action, with the instruction to delay action upon such referral until June 13, 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
vehicles or submit a Use by Special Review application. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
ZCV #0701180 - WILL: 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.A, 23-3-30, 23-3-30.1, 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 or the paperwork regarding permitting this use must be provided,
and the noncommercial junkyard must be restored, removed or screened from all adjacent
properties and public rights-of-way. Leonard Will stated he works full time at the United States
Postal Service, and has a calving operation, so he has little time to work on this violation. He is
planning on moving the mobile home; however, due to weather conditions and the calving
operation, he has not had time. The camper trailer is not on his property and he does not own it.
The truck with the flatbed is not on his property, the pickup truck and semi-tractor are for farm use.
Mr. Will stated he will move the pickup trucks along the fence and screen in the rest of the
noncommercial junkyard. Mr. Will presented a letter from surrounding neighbors supporting him,
marked Exhibit A, and there has only been one neighbor complaining.
Commissioner Long moved to refer ZCV#0701180 against Leonard Will to the County Attorney
for legal action, with the instruction to delay action upon such referral until August 13, 2008, to
allow adequate time for property owner to restore, remove or screen the noncommercial junkyard,
and to remove the mobile home or submit the appropriate paperwork. The motion was seconded
by Commissioner Garcia, and it carried unanimously.
ZCV#0701206 - DAWSON: 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.M,
23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance, the
commercial vehicles and storage must be removed or a Use by Special Review application must
be submitted, and the mobile home must be removed or covered under the Use by Special Review
application, or by applying for a Recorded Exemption and applying for a new Zoning Permit for a
Principle Dwelling Unit. Jake Dawson and Rick Dougherty stated Mr. Dougherty is using the site
for parking propane trucks and for semi-trucks used for a grease removal business. They assumed
this property was okay to do this from until they could find a permanent place to operate this
business on. Mr. Dougherty will close on his property near Hudson on April 21, 2008, and he will
be moving the trucks to that site and will be submitting a Use by Special Review application. Mr.
Dougherty stated the camper trailer is being used as an office for the business of making metal
rafters by the daughter and son-in-law who live in the mobile home.
Hearing Certification, Zoning Violations
May 13, 2008 2008-1420
Page 6 PL0824
Wendi Inloes, Department of Planning Services, stated the mobile home that is on this property
was set there for a hardship case and an accessory to the farm that staff made work for that
situation at that time. Ms. Inloes stated this property continually has violations, which they have
discussed with both the property owners and the daughter and son-in-law. The Dawsons have
been told on several occasions that if they want to continue to use he mobile home under this use,
they must keep the property cleaned up. The mobile home is not being used for the original
purpose it was intended for. They will be dealing with this issue in a couple months when the
permit comes up for renewal. Ms. Inloes stated since the mobile home was brought in, there have
been continual problems. Responding to Commissioner Rademacher, Ms. Salzman stated they
have not submitted a Use by Special Review application at this time.
Commissioner Long moved to refer ZCV#0701206 against Jacob and Betty Dawson to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
This Certification was approved on the 19th day of May, 2008.
APPROVED:
ATTEST: `�` "' ! BOARD OF COUNTY COMMISSIONERS
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aqt % WELD COUNTY, COLORADO
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Weld County Clerk e : .'a;���' v
. Wi a H. Je ke, Chair
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Deputy Cler to the Boar. ' 1 Vu�L_
Robert,D.,Masden, Pro-Tem
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Willia GarclIia
avid E. Long
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Hearing Certification, Zoning Violations
May 13, 2008 2008-1420
Page 7 PL0824
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