HomeMy WebLinkAbout20082399.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on September 9, 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, 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:
ZCV#0800132-ALE PARTNERSHIP/LAND: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.B, 23-3-40.B.3, 23-3-40.N, 23-3-40.F and 23-7-30
of the Weld County Code. To bring the property into compliance, a Use by Special Review
application must be submitted for the extended use of this site. Ms. Salzman stated Lloyd Land
brought his first airplane to the site in 1969, and the first airplane hanger was constructed in 1993
as an agricultural exempt structure, thus, he did not obtain a building permit. The additional
attached hanger and office remodel was constructed in 2003, and the building permit was finalized
in 2004. The Federal Aviation Administration website has Mr. Land's airport permitted as one (1)
airstrip and two (2) airplanes. Staff received a citizen complaint on June 3, 2008, regarding the
installation of an east to west runway. On June 23, 2008, during an inspection with Mr. Land
present, Ms. Salzman stated she noted two(2)improved airstrips, seven(7)airplanes, and five(5)
employees. With all the improvements that have been made since 1972, which is the date used
to establish a nonconforming use, a Use by Special Review permit is now required.
Lloyd Land, property owner, and Vern Burke, representative, were present and Mr. Burke stated
the property has been owned by Mr. Land since 1963. It has been used as a farming operation and
part of this property has been used as a private airport. The grass field to the north has been used
occasionally as a cross wind landing area. Mr. Burke stated the current activity on the property has
remained the same since the 1960's. The hard surface runway that was added this summer was
done as a maintenance issue due to ground hogs chewing up an irrigation system that was used
to keep vegetation on the landing area. This was a maintenance issue for an existing runway,
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rather than a new runway. Responding to Commissioner Jerke, Mr. Burke stated the old runway
is still in use, and all the runways are being use as needed in case of cross winds. That whole area
could be used as needed, depending on which way the wind is coming from. Mr. Land submitted
a packet, marked Exhibit A, in which they feel the nonconforming use was in place at the time the
zoning code passed, and this should be allowed to continue. The operations on this property have
remained the same and have not generated any concerns or problems up until now. Mr. Land
pointed out a letter dated March 25, 2003, from Sheri Lockman, who was with the Department of
Planning Services, after he had filed for a permit to add runway lights, stating staff concurs that the
airstrip did exist prior to the adoption of the Weld County Zoning Ordinance on August 31, 1972,
and, therefore, is a nonconforming use. In February, 2004, Mr. Land did obtain building permits,
and he thought he was in good standing. He then received a letter dated March 2, 2004, stating
that he did not need an excavation permit, only an electrical permit for the installation of the lights.
Mr. Land stated on all the improvements he had worked under the County's supervision. Mr. Burke
stated this packet was presented to demonstrate that all the improvements that were made on this
property in the last few years, the County was aware of,and everything that needed to be permitted
or reviewed,was dealt with at that time. He has been in compliance since October, 2007, at which
time one(1)of the neighbors turned in a compliant about the lights on the hanger being too bright.
Mr. Land is going to plant some trees on that side to shield the bright lights from the neighbor's
view. The lights are needed for security; however, Mr. Land has tried to do whatever is possible
and reasonable to limit the impact to the neighbors. Mr. Burke stated Mr. Land has downsized the
area by adding the hard surface runway, rather then using the other runways. Responding to
Commissioner Rademacher, Mr. Land stated there is no commercial business on this site, all he
does is farm. The airplanes are used for his farming business.
Pamela Simpson, surrounding property owner, stated she called the Department of Planning
Services when she noticed another runway being constructed and she was concerned if this was
going to be a commercial airport. She just wanted to insure that all improvements were in
compliance and that the neighborhood was safe. She is concerned about the light pollution, and
Ale Partnership spoke with her and the problem was rectified. Ms. Salzman stated back in 2003,
when Mr. Land completed the nonconforming use application questionnaire, he indicated he had
three(3)employees, and signed an agreement that the nonconforming use would not be enlarged,
increased or extended; that it would not be moved in any part or portion. Responding to
Commissioner Garcia, Ms. Salzman stated the airplane that was going to be converted into a crop
duster will no longer occur. Responding to Commissioner Jerke, Stephanie Arries, Assistant
County Attorney, stated there are no hard lines in determining what is considered enough of a
difference in the nonconforming use to justify a Use by Special Review being required. Apparently
the additional airstrip was added as a safety issue and not as a matter of increase, and then later
it was stated the placement of the new runway was going to offset the use or the need of the other
runways. The additional planes were not addressed, and the level of activity and use are in
question. Chair Jerke pointed out that the surrounding land use is largely industrial and this is a
small forty-year historic airstrip. Commissioner Masden stated this is still a nonconforming use,
although expanding to maintain the agricultural heritage. He cannot justify this being a violation
or going to a Use by Special Review. All the building permits have been applied for and is
agricultural exempt and all other permits were met. Commissioner Rademacher stated there has
been an expansion; however, the use has not changed, and to now require a USR after the fact
is not something he will support. Commissioner Garcia stated the code was created to say that
whether you have an airport or an airstrip, a Use by Special Review application is required. The
nonconforming use was in place before this code was in effect; however, there has been an
increase of buildings, improvements, and vehicles, so for that reason, the improvements made
Hearing Certification, Zoning Violations
September 9, 2008 2008-2399
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against the nonconforming use would require the Use by Special Review. Staff cannot make the
decision on when this should be a issue for a Use by Special Review, that decision must be made
by the elected officials, that is why the issues were not addressed throughout the permit process,
and at this point this should be considered through a USR process. Commissioner Long stated the
use has been private and there has been no change in the nature of the operation to industrial or
retail to impact the neighbors in any way, and also feels this is still a nonconforming use.
Commissioner Rademacher did point out to Mr. Land that it may be in his best interest to obtain
a Use by Special Review to avoid a future problem with growth and surrounding neighbors.
Commissioner Masden moved to dismiss ZCV#0800132 against Ale Partnership do Lloyd Land.
The motion was seconded by Commissioner Rademacher and upon a roll call vote, the motion
carried four to one in favor of dismissing this case.
ZCV #0800071 - URENO/URENO: 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, 23-3-50 and 23-3-50.D 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 animal units must be reduced to the four per acre allowed,
and a Zoning Permit for a Commercial Vehicle must be submitted. Ms. Salzman stated this is a
reoccurring violation, the first hearing was held on June, 2005, for the same type of issues. Ms.
Salzman stated she spoke with Rodrigo Ureno Sr. on September 5, 2008, and he indicated they
will be moving, and the commercial vehicle will be leaving the site. Staff is requesting thirty (30)
days to allow the property owner to move. Responding to Commissioner Masden, Ms. Salzman
stated the animals have been removed. Rodrigo Ureno Sr. stated he is trying to sell the property
and is planning to move, all the animals have been removed.
Commissioner Rademacher moved to refer ZCV#0800071 against Rodrigo Ureno and Rodrigo
Ureno Sr. and Rolando Ureno Banuelos to the County Attorney for legal action,with the instruction
to delay action upon such referral until October 9, 2008, to allow adequate time for the property
owner to sell the property and move from the site. The motion was seconded by Commissioner
Masden, and it carried unanimously.
ZCV#0800150 -CABELLO: 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 inspected the site on September 5, 2008, and fencing has been started along the
southeast side of the property. They are using pressed wood that will need to be painted to protect
it from the elements. Ms. Salzman stated this is a reoccurring violation, first heard back in
April, 2006, for the same issues and a mobile home. Staff 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 Garcia moved to refer ZCV#0800150 against Jacinto and Norma Cabello to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Masden,
and it carried unanimously.
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ZCV#0800155-MARSHALL: 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
noncommercial junkyard must be restored, removed or screened from all adjacent properties and
public rights-of-way,all trash must be removed,and any commercial vehicles must be appropriately
permitted or removed. Ms. Salzman stated the property owner did contact her, and stated he
purchased this property in April, 2006, and has made substantial progress. Staff is requesting an
additonal sixty (60) days to allow the property owner to complete this project. Michael Marshall,
property owner, stated he has been working on this clean up; the previous owner had been
accumulating junk and vehicle since 1976. Mr. Marshall stated he should be able to complete this
clean-up in two (2) months, and he will be landscaping the yard. Responding to Commissioner
Garcia, Mr. Marshall stated he does have some landscaping vehicles on the site. Ms. Salzman
stated this will be an additional issue, he is allowed to apply for one (1)commercial vehicle on the
site, otherwise a Use by Special Review application must be submitted. Mr. Marshall stated he will
deal with the commercial vehicles at a later date.
Commissioner Long moved to refer ZCV #0800155 against Michael Marshall to the County
Attorney for legal action, with the instruction to delay action upon such referral until
November 9, 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 decide if a
Use by Special Review application will be submitted for the commercial vehicles. The motion was
seconded by Commissioner Rademacher, and it carried unanimously.
ZCV #0800104 - MILLER TAYLOR FARM, LLC/RELIABLE FIELD SERVICES, INC./MILLER
FAMILY INVESTMENTS, LLC/MILLER OILFIELD SERVICES, LLC : Ms. Salzman presented the
case report for the record and pursuant to the case file, this property is in violation of Sections
20-3-20,23-3-20.A,23-3-30,23-3-30.F,23-3-40 and 23-3-40.R of the Weld County Code. To bring
the property into compliance, all commercial activities, operations and storage must be removed,
and a Recorded Exemption application must be submitted to separate the main house and the
mobile home as Principle Dwelling Units. Ms. Salzman stated there are six(6)different business
on this site, two(2)of which have recently been removed. There are two(2)stick built homes, one
is a dwelling and the other has been converted into a office. Also, there is a modular home that
was placed on the site in 1995 as an Accessary to the Farm; however, this has never been
renewed as annually required. The property owners are working on submitting a Recorded
Exemption to correct this part of the violations. Ms.Salzman stated she contacted Gloria Hice-Idler
with the Colorado Department of Transportation, and submitted the email into evidence, marked
Exhibit A, stating that this site does not have an approved access onto Highway 66, and traffic has
been backed up along Highway 66 due to commercial traffic coming and going from this property.
There are immediate traffic and safely concerns along Highway 66 and the unapproved CDOT
access, along with building code violations with the office on electrical concerns, staff is requesting
this case be referred to the County Attorney's Office, but delay legal action for sixty (60) days to
allow adequate time for the property owners to submit the Recorded Exemption application and to
remove all commercial activities and storage from the site.
Becky Weinkauf, agent for Miller-Taylor Farm, LLC, stated she now lives in Dallas. She comes to
Colorado several times a year and has been trying to deal with the mobile home when she is here.
This was her mother's property,who has now passed away. Sheri Lockman, representative, stated
they have to get the well permitted, and the building permits are ready; however, they cannot be
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September 9, 2008 2008-2399
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submitted until all the violations are brought into compliance. Ms. Weinkauf stated the house was
being converted into an office and all work was stopped due to these zoning violations. She cannot
have the work completed until the property is in compliance. Ms. Lockman stated the businesses
are looking, or have found other locations to move to. Brady Miller, agent for Miller Oilfield
Services, stated they have a new location and will be moving within two (2) weeks. They have
applied for a Use by Special Review and are waiting for the outcome of that. Cody Armsworth,
representative, stated they in the process of a Use by Special Review which they submitted this
morning. Hannah Miller, representative for Reliable Field Services, Inc., stated they have moved
from this site. Ms. Weinkauf stated they would like to get the building permits to reconstruct the
back of the office to get the open area out of the elements. There is a safety hazard with the
electrical boxes and exposed wires. Responding to Chair Jerke, Ms. Lockman stated there is not
going to be a USR on this site, all of the business operations will be leaving. The issue is with the
building permit, staff will not issue a permit until the property is in compliance. Responding to
Commissioner Rademacher, Ms. Salzman stated there is an immediate safety concern with the
office, so staff recommends that all the commercial businesses relocate to the new site, due to the
new location having less of a traffic impact. Chair Jerke pointed out there is no assurance that the
new location will have the USR approved, and the property owners and representatives indicated
they understood. Commissioner Rademacher stated to make the businesses move to a site that
has not been approved does not make good sense, and this case can be continued until the USR's
are approved or denied.
Commissioner Masden moved to continue ZCV #0800104 against Miller-Taylor Farm, LLC,
Reliable Field Services, Inc., Miller Family Investments, LLC,and Miller Oilfield Services, LLC, until
March 10,2009,to allow adequate time for the businesses to submit and have approved or denied,
the Use by Special Review applications, and for staff to check on the progress every two (2)
months to insure progress is being made, and to issue a building permit to correct the safety
hazard for the office/house at 10614 Hwy 66, Platteville Colorado. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
VI #0600033 - RUPP: 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.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,and all other commercial vehicles must be removed. Ms.
Salzman stated an inspection was conducted on September 5, 2008, and more derelict vehicles
have been added to the site. Kevin Rupp, property owner, stated the majority of the properties in
that subdivision have trucks and commercial businesses. There is not a Homeowner's Association
for this subdivision, and the only problem is that someone new moved into the area and turned in
a complaint. Mr. Rupp stated before he purchased this property, he contacted Weld County and
told them he had four(4) trucks he could not park in Arvada, so was he okay to park in this area.
He was told he could park them here as long as no one complained. Chair Jerke stated he
received bad information when he called in. Responding to Chair Jerke, Mr. Rupp stated he cannot
not remember who he talked to, it was back in September, 2005, before he bought the property.
Mr. Rupp stated the trucks are over-the-road most of the time and they are staggered in and out.
There are no repairs, maintenance, or storage on-site. Donna Landin, neighbor, stated Mr. Rupp
is a good neighbor, and the parked trucks provide shade for her animals. He keeps his trucks
clean, and during the winter the trucks open the roads during snow storms so the residents can get
in and out of the subdivision. She feels that if you own your property, you should be able to do
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September 9, 2008 2008-2399
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what you want as long as the property is kept up. Mr. Rupp stated he does keep the roads
maintained in that area due to the County not coming but once a month, and there is only one
person that keeps complaining that is causing this problem.
Commissioner Masden moved to refer VI#0600033 against Annette and Kevin Rupp to the County
Attorney for legal action, with the instruction to delay action upon such referral until
December 9, 2008, to allow adequate time for the property owner to submit a permit for the one
commercial vehicle that is allowed, and to remove all other commercial vehicles. The motion was
seconded by Commissioner Rademacher, and it carried unanimously.
ZCV#0800207- KOBEL: 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.H of the Weld County Code. To bring the property into compliance,
the number of dogs must be reduced to the four (4) allowed, or a Use by Special Review
application must be submitted. Robert and Vicki Kobel, property owners, stated they were turned
in by a neighbor whose daughter and boyfriend rented the additional home on the property. Mr.
Kobel stated they had asked them to leave, and that is when they started turning the Kobel's in for
a number of things. Mr. Kobel stated he has seven (7) dogs, most of them are old, and the
younger ones are the offsprings. They have lived at this property for fifteen (15) years and never
had a complaint. He was not aware of the County Code of limiting the dogs to four(4). The dogs
are pets and he does not breed or house other dogs. The coon dogs are used for hunting, which
is a hobby. Ms. Kobel stated the dogs hunt, which is Mr. Kobel's hobby, and the dogs are well
taken care of. Commissioner Rademacher pointed out to the property owners that if this case is
dismissed, as the dogs pass away, they should not replace them, and must keep the number to
the amount allowed. Mr. Kobel stated he understands and is not in the dog breeding business.
Ms. Siron stated the property owners would need to submit an application for a nonconforming use,
or a Recorded Exemption for the second home on the site.
Commissioner Garcia moved to dismiss in part ZCV#0800207 against Robert and Vicki Kobel for
the number of dogs allowed,and to refer to the County Attorney for legal action,with the instruction
to delay action upon such referral until November 9, 2008, for the nonconforming use application
to be submitted. The motion was seconded by Commissioner Masden, and it carried unanimously.
(Clerk's note: Item #11, BCV#08000101, Mead Properties, LLC, was heard next.)
BCV #0800101 - MEAD PROPERTIES, LLC/DOKE: 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 29-4-10 and 29-8-40 of the Weld County Code. To bring the property into
compliance, a Building Permit application must be submitted, all fees paid, and all the inspections
completed. Ms. Gregory stated Gibson Heating applied for the permit to replace a furnace. Mr.
Doke was the person who contacted them and paid for the furnace replacement. Mr. Doke stated
to Gibson Heating that he would not allow any inspections to be completed. Staff is concerned with
safety issues and problems dealing with Mr. Doke in the past. Fred Otis, representative for Mead
Properties, LLC, stated the tenant applied for the furnace, Mead Properties had no knowledge of
the replacement, and Mr. Doke has a history of problems with Weld County. Mr. Otis wanted to
stress that they have no control over Mr. Doke and are not responsible for his actions. The
Sheriff's Office has gone to this site and has used teargas, and Mr. Doke has been in jail. The
Hearing Certification, Zoning Violations
September 9, 2008 2008-2399
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property was foreclosed and then leased back to Mr. Doke under an agreement to purchase. Mr.
Otis stated under the circumstances, this case should be dismissed for the safety of anyone from
Weld County that is sent to this site to try and deal with these issues. Responding to
Commissioner Rademacher, Ms. Arries stated the County Attorney's Office will write a letter to Mr.
Doke expressing the importance of the inspections and the benefits to him and to Mead Properties,
and if he still refuses,just let this case go; however, this letter should be recorded so if a third party
is trying to buy this property, they would be aware that the furnace has never been inspected.
Commissioner Masden moved to continue BCV #0800101 against Mead Properties, LLC, until
January 13, 2009, to allow adequate time for the property owner to work with the tenant on allowing
staff to conduct an inspection, or for the County Attorney's Office to send a letter to James Doke
regarding the importance of the inspections, then record said letter if denied access to the site.
The motion was seconded by Commissioner Jerke, and it carried unanimously.
(Clerk's note: Chair Jerke issued a recess until 2:30 p.m.)
ZCV#0800111 -EHRENFEUCHT: Upon reconvening, 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.H of the Weld County Code. To bring the property into compliance, a Use
by Special Review application must be submitted, or the number of dogs must be reduced to
four(4). Ms. Siron met with Rich Hughes, tenant, and he is willing to work with staff and will be
submitting a Use by Special Review application. Neither the property owner nor a representative
was present, and there was no public testimony given.
Commissioner Garcia moved to refer ZCV #0800111 against Eva Ehrenfeucht to the County
Attorney for legal action, with the instruction to delay action upon such referral until
November 9, 2008, to allow adequate time for the tenant to submit a Use by Special Review
application. The motion was seconded by Commissioner Masden, and it carried unanimously.
ZCV#0800147-TRAMMELL: 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 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 and all derelict vehicles must be removed.
Ms. Siron stated the telephone has been disconnected and staff has been unable to contact the
property owner. Ms. Siron is requesting this case be referred to the County Attorney's Office for
immediate legal action, due to no contact from the property owner. Neither the property owner nor
a representative was present, and there was no public testimony given.
Commissioner Long moved to refer ZCV #0800147 against Gregory Trammell to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it
carried unanimously.
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 Building Permit
application must be submitted, all fees paid, and all the inspections completed. Staff requested
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September 9, 2008 2008-2399
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this case be continued until October 14, 2008, to notify the property owner of the violation hearing
date. This case was not heard before the Board, and no motion was made.
(Clerk's note:Although no formal motion was made by the Board, a resolution was completed and
signed to reflect the intent to continue this case.)
BCV #0800105 - GRAUBERGER: 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 must be
submitted, all fees paid, and all the inspections completed. Ms. Gregory stated she spoke with the
tenant on September 8, 2008, and he has moved from the site. Staff has been unable to contact
the owner, and an inspection is needed to see if the gas has been disconnected. Staff is
requesting an additional thirty (30) days to complete this. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Masden moved to refer BCV#0800105 against Robert and Sharon Grauberger to
the County Attorney for legal action, with the instruction to delay action upon such referral until
October 9, 2008, to allow adequate time for staff to conduct an inspection. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
BCV#0800107- BINDER: Ms. Gregory presented the case report for the record and pursuant to
the case file, this property is in violation of Section 29-4-10 of the Weld County Code. To bring the
property into compliance, a Mechanical Permit application must be submitted, all fees paid, and
all the inspections completed. Staff requested this case be continued until October 14, 2008, to
notify the property owner of the violation hearing date. This case was not heard before the Board,
and no motion was made.
(Clerk's note: Although no formal motion was made by the Board, a resolution was completed and
signed to reflect the intent to continue this case.)
Hearing Certification, Zoning Violations
September 9, 2008 2008-2399
Page 8 PL0824
This Certification was approved on the 15th day of September, 2008.
APPROVED:
ATTEST: � 'LaOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
We unty Clerk to the Boards -41' 7)-\< Z
a°p lia H. Jerkee Chair
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Robert D. M , Pro-Tem
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David . Lon
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Hearing Certification, Zoning Violations
September 9, 2008 2008-2399
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