HomeMy WebLinkAbout20083161.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on December 9, 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
Planning Department representative, Kim Ogle
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#0800149-HANSFORD: 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.O and 23-3-40.R of the Weld County Code. To bring this
property into compliance, a Use by Special Review application must be submitted. Ms. Salzman
stated this case was continued from November 18, 2008, to allow adequate time for the property
owner to be able to attend the hearing. Staff requested this case be referred back to the
Department of Planning Services, due to a Use by Special Review application being submitted by
the property owner. Neither the property owner nor a representative was present, and there was
no public testimony given.
Commissioner Rademacher moved to refer ZCV#0800149 against Benjamin Hansford, Sr. back
to the Department of Planning Services. The motion was seconded by Commissioner Garcia, and
it carried unanimously.
BCV #0800144 - HARDING: 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, a Building
Permit and all applicable documentation must be submitted, fees paid, and all the inspections
completed for the interior finish of the pole barn. Staff is requesting this case be referred to the
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County Attorney's Office for immediate legal action, due to no response from 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#0800144 against Ryan Harding to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Rademacher, and it
carried unanimously.
ZCV #0800263 - LIGHT: 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 any
derelict vehicles must be restored and evidence of current registrations must be submitted.
Richard Light, property owner, stated he contacted the Weld County Sheriff's Office in Fort Lupton
and tried to talk to the Code Enforcement Department. He left his name and number; however,
they never contacted him. This property is a rental so he feels like he does not have control of the
violations, he wanted Code Enforcement to tell him exactly what he needed to do. Chair Jerke
explained to Mr. Light that the Sheriff's Office does not do this type of code enforcement. He
needs to contact the Weld County Planning Department for code compliance, and the letters that
he received did have that information on them. Mr. Light stated he would like an explanation
regarding the exact problems on the site so when he contacts the tenants he can pass this
information along to them. The tenants have a hardship case, the husband has been in a half-way
house for the last six(6) months, so the wife and five (5)children have had to deal with everything.
As soon as the husband is released later this month, he can help get the property back into
compliance. As Chair Jerke requested, Ms. Salzman went through all the items in violation for Mr.
Light to pass along to the tenants. Responding to Chair Jerke, Mr. Light stated they will need until
the middle of February to complete this project.
Commissioner Rademacher moved to refer ZCV#0800263 against Richard Light to the County
Attorney for legal action, with the instruction to delay action upon such referral until
February 9, 2009, 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. The
motion was seconded by Commissioner Long, and it carried unanimously.
ZCV#0800282 - WATSON: 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.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, 23-3-40 and
23-3-40.AA of the Weld County Code. To bring the property into compliance, all cargo containers
other then the one allowed, must be removed. The cargo container that is allowed must have the
proper permits and meet all requirements. Also the semi-trailer that is being used as a storage unit
must be restored to operable condition and maintain current license plates, and a Zoning Permit
for an Accessory Structure must be submitted. Kimbel Watson, property owner, and Tom
Hellerwick, representative, stated they did contact Weld County Planning on December 8, 2008,
and explained that Mr. Watson has owned this property for twenty-five (25) years, and the
containers were placed on the site for storage due to the high theft and vandalism in this area.
There is farm equipment, welding equipment, tools, four-wheelers, motorcycles, and water tanks
stored in these containers and semi-trailer. Mr. Hellerwich stated a new mobile home was placed
Hearing Certification, Zoning Violations
December 9, 2008 2008-3161
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on the site in 2005, and all inspections were completed. He was told the property was in
compliance, and has never received complaints or was told the containers were not allowed. Mr.
Watson stated when he placed the new mobile home on the site, he bought all the permits and
drilled a well. He spent over $100,000.00 for the upgrades and permits. About every other day
someone would break-in and steal from him. He has placed burglar alarms in the residence and
garage. The reason the containers were placed on the site over ten (10)years ago, was to secure
his belongings. Mr. Watson stated he called Weld County before he purchased the first two (2)
containers and was told he did not need a permit. He stated he will place a fence around his
property to conceal the containers; however, he cannot afford to remove them. He does not have
the finances to construct a barn for storage. Responding to Chair Jerke, Ms. Salzman stated
screening is not an option. Mr. Hellerwick asked if the containers could be considered grand-
fathered, due to the long period of time they have been on the site. Commissioner Rademacher
suggested Mr. Watson remove the semi-trailer to eliminate at least one of the violations.
Responding to Commissioner Garcia, Ms. Salzman stated prior to the 2006 Weld County Code
change, the cargo containers only had to have building permits to be placed on the property, and
the semi-trailer was not allowed. George Beaman, neighbor, stated Mr. Watson is in the same
position as he is, he called Weld County Zoning to okay having the semi-trailer placed on his
property and was told to take the tires and wheels off. That would classify it as a portable building
and no longer a commercial vehicle. This is why there are so many of these type of trailers used
as storage in that area. Ms. Salzman stated she spoke with Roger Vigil, Department of Building
Inspections, and was told that these are, and have always been, considered vehicles and cannot
be permitted as a building. Chair Jerke suggested looking at the Weld County Code and making
a change to allow a small number of cargo containers for storage purposes. Responding to
Commissioner Garcia, Ms. Salzman stated this was not a violation stemming from a public
complaint, and these types of storage units come up periodically.
Commissioner Rademacher moved to continue ZCV #0800282 against Kimbel Watson until
June 10,2009,to allow adequate time for the Board of Commissioners and Department of Planning
Services to look at a code change to allow small numbers of cargo containers to be used as
storage units. The motion was seconded by Commissioner Long, and it carried unanimously.
ZCV #0800258 - VILLANUEVA: 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 derelict vehicles must be
restored, removed or screened from all adjacent properties and public rights-of-way,and evidence
of current registrations must be submitted. Ms. Salzman stated there has been substantial
progress; however, the camper trailer's registration will still need to be verified. Also, some debris
needs to be removed. Staff is requesting thirty (30) days to allow the property owner time to
complete the remaining clean-up and bring the property into compliance. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Long moved to refer ZCV #0800258 against Joseph Villanueva to the County
Attorney for legal action, with the instruction to delay action upon such referral until
January 9, 2009, to allow adequate time for the camper trailer's registration to be verified, and to
complete the remaining clean-up. The motion was seconded by Commissioner Rademacher, and
it carried unanimously.
Hearing Certification, Zoning Violations
December 9, 2008 2008-3161
Page 3 PL0824
VI #0100259 - CHAVEZ: Ms. Salzman presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 23-3-330, 23-3-330.B, 23-3-330.6.1,
23-3-330.C, 23-3-330.C.4,23-3-330.E,23-3-350 and 23-3-360 of the Weld County Code. To bring
the property into compliance, all permits for the mobile homes, auction yard, commercial junkyard
and for all other uses and activities being conducted on this site, must be submitted. Ms. Salzman
stated there has been no progress and no permits have been submitted. There are still several
businesses being conducted on the site, and this property has been an on-going violation since
2001. Neither the property owners nor a representative was present, and there was no public
testimony given.
Commissioner Rademacher moved to refer VI#0100259 against Guadalupe and Rose Chavez to
the County Attorney for immediate legal action. The motion was seconded by Commissioner
Garcia, and it carried unanimously.
ZCV#0800203-DOUBLE B DEVELOPMENT CORP: Ms. Salzman presented the case report for
the record and pursuant to the case file, this property is in violation of Sections 23-3-330,
23-3-330.B, 23-3-330.B.1, 23-3-330.6.3, 23-3-330.C, 23-3-330.C.1, 23-3-330.C.2, 23-3-330.C.3
and 23-3-330.E of the Weld County Code. To bring the property into compliance,an amended Site
Plan Review application must be submitted. Ms. Salzman stated Robert Baumgartner submitted
a letter dated November 3, 2008, requesting a waiver of fees for the Site Plan Review application.
Robert and Sharon Baumgartner, property owners, stated they are wondering what happened to
create a problem with the Site Plan Review that was originally in place. Nothing has been changed
since they bought the property except for the Ready Mix plant that was bought and moved by
LaFarage. The buildings have been there since 1962. The tenant with the wood working business
was evicted and they are still working on the clean-up from that incident. They are working on a
new Site Plan Review with staff, and feel they don't need to change the landscaping or drainage.
This has been the same for years, they have not made any changes. Mr. Baumgartner stated the
equipment along the fence facing the highway will be removed. Ms. Salzman explained the tenant
with the wood working business had a compliant from the fire department due to fire hazards that
were occurring on the site, and as a result from that complaint, staff reviewed the old Site Plan
Review and found the violations. Responding to Chair Jerke, Kim Ogle, Department of Planning
Services, stated it depends on how the Site Plan Review is identified. If the applicants submits the
site as a multi-use, it is reviewed for compliance with the multiple levels. If the site is submitted for
a specific use like barrel manufacturing, then it is only reviewed for barrel manufacturing. It is how
the applicant identifies the use in the application that require how the site will be reviewed for the
Site Plan. Responding to Commissioner Rademacher, Mr. Ogle stated the cost for the amended
permit is $1,000.00. Mr. Baumgartner stated they are in the process of re-doing the application,
the problem with the wiring was fixed in 2001, and was brought up to code. They are relocating
the equipment along the highway. The problem is paying the $1,000.00 fee, and also the
$1,000.00 fee for the site to be re-surveyed. The buildings have remained the same, although
tenants do move in and out. Ms. Salzman stated the original Site Plan Review covered one (1)
tenant, as of now there are two to three different tenants. The plumbing will need to be reviewed,
building permits for the wiring and separation of the buildings for multiple tenants have not be
found, and all the inspections will need to be completed.
Commissioner Garcia moved to refer ZCV#0800203 against Double B Development Corporation
to the County Attorney for legal action, with the instruction to delay action upon such referral until
February 9, 2009, to allow adequate time for the property owners to complete the Amended Site
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December 9, 2008 2008-3161
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Plan Review, and also to waive a portion of the fee to $500.00. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
ZCV#0800218- HAMILTON: 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 the property into compliance, the noncommercial junkyard
must be restored, removed or screened from all adjacent properties and public rights-of-way, and
the truck box used for storage must be removed. Staff is requesting this case be referred back
to the Department of Planning Services. Neither the property owners nor a representative was
present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV#0800218 against Lyle and Wilma Hamilton back
to the Department of Planning Services. The motion was seconded by Commissioner Garcia, and
it carried unanimously.
ZCV#0800125-TURNPIKE LIMITED LIABILITY CO: 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, 23-3-40.B, 23-3-40.B.9 and 23-3-40.V of the Weld County Code. To bring the property
into compliance, the Use by Special Review application must be completed and submitted to
Michelle Martin, Department of Planning Services. 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 owners nor a representative was present, and there was no public
testimony given.
Commissioner Rademacher moved to refer ZCV #0800125 against Turnpike Limited Liability
Company back to the Department of Planning Services. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
VI #0100136 - ELLIOTT: 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, 23-3-40.N and
23-7-30 of the Weld County Code. To bring the property into compliance, a Nonconforming Use
application must be submitted. Roscoe and Rachelle Elliott, property owners, stated they are
requesting the whole site be considered for an Nonconforming Use. Responding to Chair Jerke,
Mr. Eliott stated the property is fenced, not screened. The tip of the property to the north is where
the oil wells are located, so all the property other than the set backs for the oil wells and the
residential portion to the very south will be used in the Nonconforming Use Permit. Responding
to Commissioner Rademacher, Ms. Salzman stated this property is surrounded by Dacono, and
this had been a complaint since 2001. Since that time, the site has been cleaned up. Mr. Elliott
stated the junkyard has been organized and the cars from the other property that was leased,were
removed. Ms. Elliott stated they have been in business since 1956. Commissioner Rademacher
stated they appreciate what the Elliott's do for the fire department in that area; however, there is
residential growth on all sides of this property and the suggestion from Chair Jerke in regards to
screening the entire property from all adjacent properties would be the best solution.
Hearing Certification, Zoning Violations
December 9, 2008 2008-3161
Page 5 PL0824
Commissioner Garcia moved to refer VI #0100136 against Roscoe Elliott to the County Attorney
for legal action, with the instruction to delay action upon such referral until April 9, 2009, to allow
adequate time for the property owners to completely screen the junkyard from all adjacent
properties and public rights-of-way, and to grant the Nonconforming Use to include the entire
property, with the exceptions of the oil wells set-backs on the north end and the residential portion
on the south end. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
ZCV#0800273- MARTINEZ: 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 current
registrations must be submitted for all the vehicles stored on the site. Ms. Salzman stated the
inspection conducted on December 8, 2008, showed the debris still remains, and there is a fence
started. Also, there is a structure in the back of the site that appears to be a dwelling unit. It is not
listed on records from the Assessor's Office as a dwelling unit or garage. Paul Martinez, property
owner's son, stated the second structure is used as storage and is not lived in. The concrete
platform in the front is a basketball court, and has been there for years. Mr. Martinez stated his
father is disabled and that is why it is taking so long to complete the fencing and clean-up.
Financing is a problem, and they are putting up the fence as they can afford to. Responding to
Commissioner Garcia, Ms. Salzman stated cleaning the yard of debris is much easier and cheaper
than installing the fencing. Mr. Martinez stated he will pass this suggestion along to his father. Ms.
Salzman stated for the record that the second structure must not be used as a dwelling unit at any
time.
Commissioner Rademacher moved to refer ZCV#0800273 against Julian and Angela Martinez to
the County Attorney for legal action, with the instruction to delay action upon such referral until
March 9, 2009, 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. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
Hearing Certification, Zoning Violations
December 9, 2008 2008-3161
Page 6 PL0824
This Certification was approved on the 15th day of December, 2008.
APPROVED:
ATTEST: gig / �A �, BOARD OF COUNTY COMMISSIONERS
{�,,e/,��� Il,t3, WELD COUNTY, COLORADO
Weld County Clerk to th!
f s2: ird! E
William H. Jerke, Chair
BY: _
Deputy Clerk to the to 4, I EXCUSED
11J �� Robert D sden, Pro-Tem
CD #2008-12
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David E. Lon
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Hearing Certification, Zoning Violations
December 9, 2008 2008-3161
Page 7 PL0824
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