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Home My WebLink About20082707.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION A public hearing was conducted on October 14, 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- EXCUSED 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: BCV#0800091 -DEJOHN: 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 permit application and all applicable documentation must be submitted for the gazebo, all fees paid, and all inspections completed. Ms. Gregory stated this case was continued from September 9, 2008, to allow staff adequate time to notify the property owner of the violation hearing date. Ms. Gregory stated Gary DeJohn submitted a Building Permit on October 13, 2008, and will provide applicable documentation as soon as he locates it. Staff is requesting additional time to allow the property owner time to submit all paperwork needed and complete the inspections. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Long moved to refer BCV#0800091 against Gary DeJohn to the County Attorney for legal action, with the instruction to delay action upon such referral until December 14, 2008, to allow adequate time for property owner to submit all applicable documentation, pay all fees, and have all the inspections completed. The motion was seconded by Commissioner Garcia, and it carried unanimously. ZCV#0800114-PETTIJOHN: 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, 2008-2707 PL0824 Co P� cA_ J1 -93-c4' the noncommercial junkyard must be restored, removed or screened from all adjacent properties and public rights-of-way. Darrell and Sharon Pettijohn, property owners, stated they will remove the fuel tank in the spring, and the propane tank has been removed. Mr. Pettijohn stated the two (2) vehicles are on a lot next to his, and he does not own them. The owner of that property is an eighty-five (85)year old woman, and the vehicles belong to her son. He will help her remove the vehicles. Responding to Chair Jerke, Ms. Salzman stated the two lots list Mr. Pettijohn as the owner, per the Assessor's Office records. Mr. Pettijohn stated the lot on the right is owned by him and Sharon, and the lot on the left is owned by Ruby Morton. Ms. Salzman stated she could not get a good pictures due to not being able to gain access to a neighbor's lot, so she could only get a south view picture. Ms. Salzman is requesting to continue this case, to meet with the complainant and address all the issues. Mr. Pettijohn stated Ms. Morton had listed him on the deed because he has helped her throughout the years; however,she owns the property that the vehicles are parked on. Commissioner Garcia moved to continue ZCV#0800114 against Darrell and Sharon Pettijohn until November 18, 2008, to allow adequate time for staff to contact the complainant to address all the issues involving this case. The motion was seconded by Commissioner Long, and it carried unanimously. BCV #0800119 - DAVENPORT: Ms. Gregory presented the case report for the record and pursuant to the case file, this property is in violation of Sections 29-7-10 and 29-8-40 of the Weld County Code. To bring the property into compliance, a permit application and all applicable documentation must be submitted for the mobile home, all fees paid, and all the inspections completed. Ms. Gregory stated Val Davenport has not submitted the new permit applications and is requesting 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#0800119 against Val Davenport to the County Attorney for immediate legal action. The motion was seconded by Commissioner Garcia, and it carried unanimously. ZCV#0800191 -MILLER: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.B, 23-3-30, 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 due to the temporary storage permit expiring. Ronald Miller, property owner, stated they have lived there for thirty-three(33)years, and they have built a new home on the site with the intention of tearing down the mobile home; however, this has taken longer than anticipated. The mobile home has been remodeled on two different occasions, and the whole structure has been roofed over. Mr. Miller stated he is doing the work himself and is trying to recycle all the materials. He is at the point of removing the roof,and the majority of the interior has been removed. Carol Miller stated it will take longer then forty-five days to complete all the work needed,and with the weather factor coming into play this time of year, they may need longer. Hearing Certification, Zoning Violations October 14, 2008 2008-2707 Page 2 PL0824 Commissioner Garcia moved to refer ZCV#0800191 against Ronald and Carol Miller to the County Attorney for legal action, with the instruction to delay action upon such referral until January 14, 2009, to allow adequate time for the property owners to complete the removal of the mobile home from the site. The motion was seconded by Commissioner Long, and it carried unanimously. ZCV#0800115-HORN: 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 the property owner has installed fencing around the site; however, there is still a gate that is missing, and one area that needs to be connected. Staff is requesting thirty(30)days to allow the property owner to complete all the screening. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Long moved to refer ZCV#0800115 against James and Betty Horn to the County Attorney for legal action, with the instruction to delay action upon such referral until November 14, 2008, to allow adequate time for the property owners to completely screen the noncommercial junkyard from all adjacent properties and public rights-of-way. The motion was seconded by Commissioner Garcia, and it carried unanimously. ZCV#0800118-SPARLING: 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 an inspection conducted on October 10, 2008, showed substantial progress, and Terry Sparling contacted staff on October 13, 2008, and stated they have installed a tarp fence over the weekend and will be replacing this with a wooden fence within four (4) months. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Long moved to refer ZCV#0800118 against Jerry and Terry Sparling to the County Attorney for legal action, with the instruction to delay action upon such referral until February 14, 2009, to allow adequate time for the property owners to completely screen the noncommercial junkyard from all adjacent properties and public rights-of-way. The motion was seconded by Commissioner Garcia, and it carried unanimously. ZCV#0800199-CARDENAS: 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. Douglas Cardenas contacted staff on October 13,2008, and indicated the truck has been removed from the site,and substantial progress has been made to correct this violation. Douglas Cardenas, property owner, stated the truck, boat, camper trailer, and the red car have been removed, and the fencing will be started today. The dump truck is licensed and is being used to remove the scrape metal from the property. Most of the vehicles have been removed and all that is left to complete is to connect the fencing. This will completely screen the property. Responding to Chair Jerke, Mr. Cardenas stated he is not operating a business from this site, he has had relatives and friends Hearing Certification, Zoning Violations October 14, 2008 2008-2707 Page 3 PL0824 store vehicles on his land. Mr. Cardenas stated to scrap the vehicles he would need to have the titles. He is trying to clean up the property, he has small children and does not want them to be exposed to the hazards of the noncommercial junkyard. He has contacted his friends and relatives to remove the vehicles; however, most of them are still parked there. Commissioner Garcia suggested to Mr. Cardenas to contact Weld County Clerk and Recorder after this hearing and have them help him apply for abandoned vehicle titles. Commissioner Garcia moved to refer ZCV#0800199 against Douglas and Susie Cardenas to the County Attorney for legal action, with the instruction to delay action upon such referral until December 14, 2008, to allow adequate time for the property owners to restore, remove or completely 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 #0800170 - HERNANDEZ: 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. John Sepulveda, property owner's son, stated the car will be removed by the end of the month. Commissioner Long moved to refer ZCV #0800170 against Agripina Hernandez to the County Attorney for legal action, with the instruction to delay action upon such referral until November 14, 2008, to allow adequate time for the property owner to remove the derelict vehicle. The motion was seconded by Commissioner Garcia, and it carried unanimously. ZCV#0800168-SORENSEN PARK, INC.: 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.F, 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, a Zoning Permit for a Commercial Vehicle must be submitted for the one allowed and all other commercial vehicles must be removed, the noncommercial junkyard must be restored, removed or screened from all adjacent properties and public rights-of-way, and additional zoning and building permits must be submitted for the mobile homes; however, a mobile home demolition operation is not allowed within a recorded subdivision. The mobile homes along with any associated demolition debris must be removed. Ms.Salzman stated the caretaker was also served with papers regarding this hearing on Friday, October 10, 2008, by staff and the Weld County Sheriffs Office. He indicated he would attempt to contact one of the owners who lives in Wyoming by phone. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Garcia moved to refer ZCV#0800168 against Sorensen Park, Inc. to the County Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it carried unanimously. ZCV#0800177- MORALES: 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 Hearing Certification, Zoning Violations October 14, 2008 2008-2707 Page 4 PL0824 stated the trees screened the side of the property facing State Highway 52; however,the remaining screening would need to be completed. Luis Morales, property owner, stated he has moved the cars and van to the screened side, and is planning to move the hot water heater inside the garage. He will need an additional thirty (30) days to complete the screening. Commissioner Long moved to refer ZCV#0800177 against Luis Morales to the County Attorney for legal action, with the instruction to delay action upon such referral until November 14, 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. The motion was seconded by Commissioner Garcia, and it carried unanimously. WV#0800154-GRIMES: 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 the property has been screened on three(3)sides,and staff is requesting an additional thirty(30)days to allow time for the property owner to complete this project. Vincent Grimes, property owner, stated he has spent $2,600.00 on the screening so far. He stated the trucks run and he has not kept the registrations current due to financial hardships. The other vehicle belongs to a friend and they are trying to get this moved. He stated the winds took the roof off the house on the east side, and he is trying to obtain a loan to fix the roof. He can only get a one (1) year loan, and this will have to be paid back before he can aquire another loan to complete the fence. Mr. Grimes stated he will get the vehicles licensed and store the scrap iron and metals in the fenced area out of the view of the public. Commissioner Long moved to refer ZCV#0800154 against Vincent Grimes to the County Attorney for legal action, with the instruction to delay action upon such referral until November 14, 2008, to allow adequate time for the property owner to license the vehicles on the site and to store the scrape metals and iron behind the screened area. The motion was seconded by Commissioner Garcia, and it carried unanimously. ZCV #0800145 - LAWRENCE KIM CONSERVATOR, CIO PATRICK GROOM: 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 must be removed from the site. Ms. Siron stated staff is requesting this case be continued until November 18, 2008, to allow time to work with the property owners 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 continue ZCV#0800145 against Lawrence Kim Conservator, do Patrick Groom until November 18, 2008, to allow adequate time for staff to work with the property owners to bring the site into compliance. The motion was seconded by Commissioner Garcia, and it carried unanimously. Hearing Certification, Zoning Violations October 14, 2008 2008-2707 Page 5 PL0824 This Certification was approved on the 20th day of October, 2008. APPROVED: ATTEST: d"� fG' e t 2 ARD OF COUNTY COMMISSIONERS ' d LD COUNTY, COLORADO Weld unty Clerk to the B d fc� � a ,, , 1.,p iam H. Jerke, Chair BY: 1De u Clervto the Board , `-d'EXCUSED Robert tDMas en, Pro-Tern CD #2008-10 ��v" " Willi F. Garcia J Crili\) David E. 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