HomeMy WebLinkAbout20083007.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on November 18, 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 - EXCUSED
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#0800145- LAWRENCE/GROOM: 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
23-3-150,23-3-150.A,23-3-150.B and 23-3-150.C of the Weld County Code. To bring the property
into compliance,the noncommercial junkyard must be removed from the site. Ms. Siron stated this
case was continued from October 14, 2008, to allow staff adequate time to work with the property
owners to bring this property into compliance. Staff is requesting this case be continued until
December 9, 2008, to allow adequate time for the County Attorney's Office to speak with Mr.
Groom, and staff is confident this case will be closed prior to the next hearing date. The property
owners have been working out legality issues with the tenant in regard to removing the items on
the property. Responding to Commissioner Garcia, Ms. Siron stated there has been some
progress on the site. Neither the property owners nor a representative was present, and there was
no public testimony given.
Commissioner Rademacher moved to continue ZCV #0800145 against Kim Lawrence,
Conservator, do Patrick Groom, until December 9, 2008, to allow adequate time for the County
Attorney's Office to work with the property owners on bringing the property into compliance. The
motion was seconded by Commissioner Garcia, and it carried unanimously.
BCV #0800010 - HILL: 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,
29-5-10, and 29-3-160 of the Weld County Code. To bring the property into compliance, an
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agricultural exempt permit must be submitted for the electrical service that has been installed in the
building, and an amended flood hazard development permit must be submitted to the Weld County
Public Works Department. Ms. Gregory stated Jim Hill is working with Clay Kimmi, Department
of Public Works, and has submitted a flood hazard development permit, and will re-submit the
agricultural exempt and electrical permits. Staff is requesting an additional sixty(60)days to allow
time for the property owners to complete the permits. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Garcia moved to refer BCV #0800010 against Jim and Nicole Hill to the County
Attorney for legal action, with the instruction to delay action upon such referral until
January 18, 2009, to allow adequate time for the property owners to submit the permits and have
all inspections completed to bring this property into compliance. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
WV #0800193 - LUGO-BARCLAY: 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, the noncommercial junkyard must be restored, removed or completely screened from
all adjacent properties and public rights-of-way. Ms. Salzman stated Justina Barclay contacted
staff on November 17, 2008, and requested an additional thirty(30)days to complete the clean-up
of this site. Responding to Commissioner Jerke, Ms. Salzman stated after an on-site inspection
on November 3, 2008, the tires were placed on the property. Staff will discuss the removal of the
tires with the property owner. Neither the property owners nor a representative was present, and
there was no public testimony given.
Commissioner Garcia moved to refer ZCV#0800193 against Justina Lugo-Barclay to the County
Attorney for legal action, with the instruction to delay action upon such referral until
December 18, 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 Rademacher, and it carried unanimously.
ZCV#0800116- SHORT: 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 all
household trash must be removed. Melinda Short, property owner, stated her husband is disabled
and they have limited time to work on the clean-up of the property, he is in weekly treatments. Also
their income has been cut due to his illness, so they can not afford to hire someone to help. Ms.
Short stated they have made progress in the clean-up; however, they still have the vehicles to
move into the shed, which was damaged in a wind storm. They are also trying to repair or
demolish the shed. They are needing more time due to the medical hardships and repair costs
they have encountered. Responding to Commissioner Jerke, Ms. Short stated they are planning
to sell or give some of the vehicles to family members for restoration, and the three remaining
vehicles will be placed behind the fence. Commissioner Garcia stated four (4) months is longer
than what the Board usually gives in these cases; however, due to the winter months coming and
the weather influencing the time to be able to work on this, he would agree to giving that amount
of time in this particular case.
Hearing Certification, Zoning Violations
November 18, 2008 2008-3007
Page 2 PL0824
Commissioner Rademacher moved to refer ZCV#0800116 against Melinda Short to the County
Attorney for legal action,with the instruction to delay action upon such referral until March 18,2009,
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.
ZCV#0800149-HANSFORD: 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.O 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. Staff is requesting this case be continued until
December 9, 2008, due to a prior obligation by the property owner and he was unable to attend
today's hearing. Neither the property owner nor a representative was present, and there was no
public testimony given.
Commissioner Garcia moved to continue ZCV #0800149 against Benjamin Hansford Sr. until
December 9, 2008, to allow adequate time for the property owner to be able to attend the hearing.
The motion was seconded by Commissioner Rademacher, and it carried unanimously.
ZCV#0800210 - AUGUSTENBORG: 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 or screened from all adjacent properties and public rights-of-way. Evidence must be
submitted that all vehicles belong to the current property owner or tenant, and the number of
vehicles must not overflow into the street or road rights-of-way. Also, all trash must be removed
from the site, and if a business is being conducted from this property, it must be removed. Kenneth
Augustenborg, property owner, stated his son lives on the site, and he was not aware of how bad
it has gotten until he saw the pictures. Mr. Augustenborg requested sixty (60) days to get the
property cleaned up; he works five (5) days a week and he has some health issues. He will take
a look at the site, fix the fencing, and move everything back from the road right-of-way.
Commissioner Garcia suggested to Mr. Augustenborg instead of just moving things behind the
fence, they should clean it up and remove the items; then have the son maintain the property so
Mr. Augustenborg will not have to come back at a later date.
Commissioner Rademacher moved to refer ZCV #0800210 against Kenneth and Vicki
Augustenborg to the County Attorney for legal action,with the instruction to delay action upon such
referral until January 18, 2009, 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.
ZCV#0800134- 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 all trash
must be removed from the site. Ms. Salzman stated Mr. Martinez is installing a fence and showed
staff pictures of the progress and explained what is left to complete. Responding to Commissioner
Rademacher, Ms. Salzman stated the fencing is over one-half completed and it is a wooden privacy
Hearing Certification, Zoning Violations
November 18, 2008 2008-3007
Page 3 PL0824
fence. Michael Martinez, property owner, stated Ms. Salzman has been very helpful and they
have been in communication the last few months to work on this violation. Money has been a
factor in the completion of this project. Mr. Martinez borrowed money to purchase materials for the
screening, and is cleaning up the trash on the site. Mr. Martinez stated he works six (6) days a
week and it is dark when he gets home from work during the week. He will need an additional sixty
(60) days to complete this project. The Board wanted Mr. Martinez to be aware that the weather
may change and the ground may start to freeze so he will need to start digging the post holes as
soon as possible.
Commissioner Garcia moved to refer ZCV#0800134 against Temo Martinez(Heirs of)and Michael
Martinez to the County Attorney for legal action, with the instruction to delay action upon such
referral until January 18, 2009, to allow adequate time for the property owner to complete the
screening of the noncommercial junkyard from all adjacent properties and public rights-of-way. The
motion was seconded by Commissioner Rademacher, and it carried unanimously.
ZCV#0800198- CHAVEZIVILLALOBOS: 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 a fence has been started and staff is requesting an additional thirty(30) days for
the property owner to complete this project. Arturo Chavez, property owner, stated this is his
sister's house, and they are continuing to work to bring this property into compliance.
Commissioner Rademacher moved to refer ZCV#0800198 against Arturo Chavez and Florencia
Villalobos to the County Attorney for legal action, with the instruction to delay action upon such
referral until December 18, 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.
ZCV#0800179-NAAB: 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.L
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, two (2) semi-trailers may be used as storage units, provided they do not
deteriorate into a derelict condition, and must maintain current license plates, and the two (2)
mobile homes must have the necessary zoning and building permits. Ms. Salzman stated the
mobile homes were demolished and there is debris left on the site that will need to be removed.
David Naab, property owner, stated he had rented out the property and when Mr. Naab told the
tenant to clean up the site, the tenant left and left the mobile home and vehicles on the property
for Mr. Naab to deal with. He has now removed all the vehicles and the semi-trailer. He could not
find anyone to remove the mobile home due to ownership issues, so he has demolished both the
mobile homes; however, due to EPA regulations, he can not burn the debris so he is hauling it to
the landfill. This costs $200.00 per load, so he is doing this as he can afford it. Responding to
Chair Jerke, Mr. Naab stated he will need an additional thirty (30) days to complete this project.
Commissioner Garcia supported the additional time stating there has been very good progress,and
due to this being a tenant leaving the problem for the landlord to clean up, he moved for an
additional forty-five (45) days to assure adequate time for the clean-up to be completed.
Hearing Certification, Zoning Violations
November 18, 2008 2008-3007
Page 4 PL0824
Commissioner Garcia moved to refer ZCV#0800179 against David, Kathy and Michael Naab to
the County Attorney for legal action, with the instruction to delay action upon such referral until
January 2, 2009,to allow adequate time for the property owners to remove all debris and complete
the clean-up of the site to bring the property into compliance. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
ZCV#0800222-MAROTTEK: 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.M of the Weld
County Code. To bring the property into compliance, the semi-truck and trailer must be permitted
as either a commercial use or a recreational use. Responding to Commissioner Rademacher, Ms.
Salzman stated the subdivision does not have a Homeowners Association. John Marottek,
property owner,stated this vehicle is registered and licensed as a recreational vehicle and is stored
in a shed six (6) months out of the year when he is not racing. It is insured as a recreational
vehicle, as it is driven less than seventy-five hundred (7,500) miles per year. Chair Jerke stated
this vehicle is stored in a proper shed and he does not feel this is a violation for the Board to hear.
Commissioner Rademacher moved to dismiss ZCV#0800222 against John Marottek. The motion
was seconded by Commissioner Garcia, and it carried unanimously.
ZCV#0800195 - DE LUNA: 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.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. Ms.
Salzman stated the daughter is moving out and taking her dogs with her, leaving three(3)dogs on
site. Staff is requesting thirty(30)additional days to allow time for Lucia De Luna to move from the
property to bring the site into compliance. Responding to Chair Jerke, Ms. Salzman stated the
number of dogs is over fifteen (15), and they are well taken care of. The concern is just in the
number of animals. Neither the property owners nor a representative was present, and there was
no public testimony given.
Commissioner Rademacher moved to refer ZCV#0800195 against Oscar and Debra De Luna to
the County Attorney for legal action, with the instruction to delay action upon such referral until
December 18, 2008, to allow adequate time for the daughter to move from the site and reduce the
number of dogs to the allowed amount. The motion was seconded by Commissioner Garcia, and
it carried unanimously.
ZCV#0800185 - CHESTNUT/METCALF: 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
and 23-3-30.1 of the Weld County Code. To bring the property into compliance, the mobile home
must be removed, and the noncommercial junkyard consisting of derelict vehicles must be
restored, removed or screened from all adjacent properties and public rights-of-way. Ms. Salzman
stated the mobile homes have been demolished and the debris still needs to be removed, and two
(2) sides of the screening need to be completed. Hazel Metcalf, property owner, stated she is
selling two (2) of the vehicles as soon as she can get the repair work done and the title work
Hearing Certification, Zoning Violations
November 18, 2008 2008-3007
Page 5 PL0824
together, and the debris will be burned by the fire department on December 19, 2008. Responding
to Chair Jerke, Ms. Metcalf stated the property was her father's, he passed away two(2)years ago,
and the property is still in estate through the courts.
Commissioner Garcia moved to refer ZCV#0800185 against John Chestnut and Hazel Metcalf to
the County Attorney for legal action, with the instruction to delay action upon such referral until
January 18, 2009, to allow adequate time for the property owner to sell the vehicles and remove
the remaining debris to bring the property into compliance. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
ZCV #0800256 - SALAZAR: 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 owner will restore the derelict vehicle and maintain current license plates. They
have made substantial progress on the clean-up of this site. Lionel Salazar, property owner, stated
he had this vehicle for twenty-six(26)years, and the vehicle runs, it just needs a few minor repairs
and the parts are hard to find. Finances have been a factor, his son is not working and he is
disabled. Mr. Salazar will continue to work on restoring the vehicle to bring this property into
compliance.
Commissioner Garcia moved to refer ZCV#0800256 against Lionel Salazar to the County Attorney
for legal action, with the instruction to delay action upon such referral until December 18, 2008, to
allow adequate time for the property owner to restore the derelict vehicle and bring the property into
compliance. The motion was seconded by Commissioner Rademacher,and it carried unanimously.
ZCV#0800261 - MORADO: 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 owner has not contacted staff and there has been no progress on the violations.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Rademacher moved to refer ZCV#0800261 against Samuel Morado to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
ZCV#0800253 - FIRST BAPTIST CHURCH OF WINDSOR/BIRD: 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.
Hearing Certification, Zoning Violations
November 18, 2008 2008-3007
Page 6 PL0824
Ms. Siron stated there has been no contact from the property owner, and this property has had
several prior violations. Responding to Commissioner Garcia, Ms. Siron stated some of the fencing
was brought down by the tornado; however, the screening has been in violation in years past. The
repairs are not adequate to keep the screening in compliance. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV #0800253 against First Baptist Church of
Windsor, c/o Terry Bird 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 24th day of November, 2008.
APPROVED:
✓i� J�
ATTEST: 3 BOARD OF COUNTY COMMISSIONERS
f �,� ELD COUNTY, COLORADO
Weld Co my Clerk to the
William H. Jerke, Chair
BY:
Deputy Cle to the Board EXCUSED
Robert D sd ro-Tem
CD #2008-11
William F. Garcia
EXCUSED
David E. Long
ouglas/Rademacher
Hearing Certification, Zoning Violations
November 18, 2008 2008-3007
Page 7 PL0824
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