HomeMy WebLinkAbout20080156.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on January 8, 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
Inspection Department representative, Brad Mueller
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#0701106 - PINO: 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 this case was continued from December 11, 2007, to allow the
property owner adequate time to be able to attend the hearing. Ms. Siron stated the property
owner has cleaned up the site and is requesting sixty(60)days to complete the restoration of the
derelict vehicles. Lazarus Pino, property owner's son, stated he is working on removing or
licensing the remaining vehicles, he has obtained titles and is working on ordering parts to get the
vehicles in running condition.
Commissioner Long moved to refer ZCV#0701106 against Larry Pino to the County Attorney for
legal action, with the instruction to delay action upon such referral until March 8, 2008, to allow
adequate time for the property owner to restore the remaining vehicles and get current registrations
and license plates to bring said property into compliance. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
ZCV #0701105 - PINO: 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,
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removed or screened from all adjacent properties and public rights-of-way. Ms. Siron stated this
case was continued from December 11, 2007, to allow adequate time for the property owner to be
able to attend the hearing. Lazarus Pino, property owner, stated the cars are in running condition,
and one has current plates, he is storing some of the cars for family members and they will
eventually be removed. Commissioner Long addressed the issue of getting current license and
registrations on the vehicles to get them out of violation to Mr. Pino, and he stated he understood.
Commissioner Long moved to refer ZCV#0701105 against Lazarus Pino to the County Attorney
for legal action, with the instruction to delay action upon such referral until March 8, 2008, to allow
adequate time for the property owner to restore the remaining vehicles and place current license
plates and registrations on them to bring said property into compliance. The motion was seconded
by Commissioner Rademacher, and it carried unanimously.
ZCV #0701049 - J A R HOLDINGS, LLC: 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 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. Ms. Salzman
stated this case was continued from December 11, 2007, to allow the property owner adequate
time to submit a completed Use by Special Review application. Dan Rodarmel, representative,
stated the City of Firestone was involved in this case and there was a three (3) to four (4) month
delay, due to the fact they were not sure if this property was going to get annexed into it's city
limits. Mr. Rodarmel stated they decided to go with a Use by Special Review Permit and started
that process. In December, 2007, when they tried to get the sewer and water permit they found
out the well had never been registered with the state. They did get the permit and the inspections
were completed on January 7, 2008; however, the state inspector filled in the wrong area on the
form, and when they submitted the application to the Department of Planning Services it was not
accepted due to that one item. Mr. Rodarmel has not been able to contact the inspector to get the
form corrected from a domestic well to commercial use. He has his hands tied until the state works
with him on this issue. Responding to Commissioner Jerke, Mr. Rodarmel stated the business on
the site is concrete, the employees drive to this area and leave their private vehicles during the day
and the commercial vehicles and equipment are stored there at night. Commissioner Jerke stated
there is no guarantee that the Use by Special Review Permit will be approved after it is submitted
and this was understood by Mr. Rodarmel,and the only remaining issue to complete the application
is the well status and then it will be submitted.
Commissioner Rademacher moved to refer ZCV #0701049 against J A R Holdings, LLC to the
County Attorney for legal action, with the instruction to delay action upon such referral until
February 8, 2008, to allow adequate time for the property owners to submit a completed Use by
Special Review application. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
ZCV#0701079 - STALCUP: 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 or the business must be removed. Ms. Saizlman stated this
case was continued from December 11, 2007, to allow the property owners adequate time to
submit a completed Use by Special Review application.
Hearing Certification, Zoning Violations
January 8, 2008 2008-0156
Page 2 PL0824
Ms. Salzman is requesting this case be referred back to the Department of Planning Services due
to the property owners submitting a Use by Special Review application. Neither the property
owners nor a representative was present, and there was no public testimony given.
Commissioner Garcia moved to refer ZCV#0701079 against Richard and Cynthia Stalcup back
to the Department of Planning Service. The motion was seconded by Commissioner Long, and
it carried unanimously.
ZCV#0701076-BLANCO: 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.B and 23-3-150.C
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, and the number of vehicles and items on the property must not exceed what is
currently present,and a final on-site inspection must be scheduled. Ms. Siron stated the north side
of the property needs to be screened and a final inspection completed. Enrique Blanco, property
owner, stated thirty (30) days will be enough time to complete this project.
Commissioner Long moved to refer ZCV#0701076 against Enrique Blanco to the County Attorney
for legal action, with the instruction to delay action upon such referral until February 8, 2008, to
allow adequate time for the property owner to completely 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#0701153 - MAURICIO: Ms. Siron presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 23-3-100, 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 derelict
vehicles must be restored or removed. Ms. Siron is requesting this case be continued to
February 12, 2008,to allow adequate time to notify the property owner of the violation hearing date.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Garcia moved to continue ZCV #0701153 against Jorge Mauricio until
February 12, 2008, to allow adequate time for the property owner to be notified of the violation
hearing date. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
ZCV#0701150- HACKNEY: 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, all derelict vehicles must be restored,
removed or screened from all adjacent properties and public rights-of-way. Charles Hackney,
property owner, stated the boards that are standing there are just drying out, they are not
screening, and he is in the process of removing all the derelict vehicles. Mr. Hackney stated due
to the inclement weather and working full time, he is requesting sixty (60) days to complete this
project.
Hearing Certification, Zoning Violations
January 8, 2008 2008-0156
Page 3 PL0824
Commissioner Long moved to refer ZCV #0701150 against Charles Hackney Jr. to the County
Attorney for legal action, with the instruction to delay action upon such referral until March 8, 2008,
to allow adequate time for the property owner to remove the derelict vehicles from the property to
bring said property into compliance. The motion was seconded by Commissioner Rademacher,
and it carried unanimously.
ZCV#0701082-LAGE: 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 is
requesting this case be continued to February 12, 2008, to allow staff adequate time to notify the
property owners of the violation hearing date. Neither the property owners nor a representative
was present, and there was no public testimony given.
Commissioner Rademacher moved to continue ZCV #0701082 against Daniel and Nancy Lage
until February 12, 2008, to allow adequate time for staff to notify the property owners of the
violation hearing date. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
ZCV#0701135 - MEYER: 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
is requesting this case be continued to February 12, 2008, to allow adequate time to notify the
property owner of the violation hearing date. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Garcia moved to continue ZCV #0701135 against Lynn Meyer until
February 12, 2008, to allow adequate time for staff to notify the property owner of the violation
hearing date. The motion was seconded by Commissioner Long, and it carried unanimously.
VI #0600460 - GREEN: 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 Section 29-3-10
of the Weld County Code. To bring the property into compliance, a Building Permit must be
submitted and all applicable documentation must be submitted to repair the fire damage to an
existing barn, fees paid, and all inspections completed. Ms. Gregory stated there has been no
contact from the property owners and no progress to bring said property into compliance.
Responding to Commissioner Long, Ms. Gregory stated usually letters will prompt the property
owners to contact staff and in this case, there has been no contact on the status of the barn,
whether they wish to continue, or to demolish it. Commissioner Jerke is requesting staff verify by
a drive-by inspection whether or not the barn is still there and then try again to notify the property
owners of the violation hearing date to assure what course of action they are wanting to take.
Neither the property owners nor a representative was present, and there was no public testimony
given.
Hearing Certification, Zoning Violations
January 8, 2008 2008-0156
Page 4 PL0824
Commissioner Rademacher moved to continue VI#0600460 against Matthew and Kristina Green
until February 12, 2008, to allow adequate time for staff to do a drive-by inspection of the barn, and
to notify the property owners of the violation hearing date. The motion was seconded by
Commissioner Long, and it carried unanimously.
BCV#0701085 - AVALON HOMES, LLC: Ms. Gregory presented the case report for the record
and pursuant to the case file, this property is in violation of Section 29-3-10 of the Weld County
Code. To bring the property into compliance, a Building Permit must be submitted and all
applicable documentation must be submitted for the new single family dwelling, all fees paid, and
all inspections completed. Ms. Gregory stated this quit claim deed was recorded from Gemm
Homes, LLC, to Avalon Homes, who stated they know nothing about this action. Ms. Gregory is
requesting this case be referred back to the Department of Planning Services to verify ownership.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Garcia moved to refer BCV #0701085 against Avalon Homes, LLC, back to the
Department of Planning Services to verify ownership. The motion was seconded by Commissioner
Rademacher, and it carried unanimously.
BCV#0701103 - SULLIVAN: Ms. Gregory presented the case report for the record and pursuant
to the case file, this property is in violation of Section 29-3-10 of the Weld County Code. To bring
the property into compliance,a Building Permit must be submitted and all applicable documentation
must be submitted for the basement finish. Ms. Gregory stated the original building permit expired
on November 8, 2007, and according to the Weld County Code, Mr. Sullivan must apply for a new
permit and pay the new fees. Edward Sullivan, property owner, stated the basement is almost
complete,they have financed this project through credit cards,and Mr. Sullivan is doing all the work
himself. They are now at the point where the cards are full and they are trying to pay on them
before preceding with the project. There are some sinks to attach and trim to complete, and this
project is at the final inspection stage. Responding to Commissioner Jerke, Ms. Gregory stated
if they are at the final inspection stage, staff would need to see the site, and the old permit could
be reopened so the fees would not have to be paid again. Brad Mueller, Department of Building
Inspections, stated the trim would not need to be completed; however, the sinks would need to be
attached in order to inspect the plumbing and traps. Mr. Sullivan stated he would need to re-order
a down spout for the special sinks he is installing, and thirty (30) days should be enough time to
complete this. Responding to Commissioner Rademacher, Mr. Mueller stated staff would do the
inspections when Mr. Sullivan notifies them, to insure the project is completed within the thirty(30)
days granted.
Commissioner Long moved to refer BCV #0701103 against Edward and Diana Sullivan to the
County Attorney for legal action, with the instruction to delay action upon such referral until
February 8, 2008, to allow adequate time for the property owner to complete the work needed to
extend the current Building Permit for thirty (30) days, and if at the end of thirty (30) days the
current permit has not be completed, a new Building Permit with fees must be applied for. The
motion was seconded by Commissioner Rademacher, and it carried unanimously.
Hearing Certification, Zoning Violations
January 8, 2008 2008-0156
Page 5 PL0824
This Certification was approved on the 14th day of January, 2008.
APPROVED:
ATTEST: ii A. BOARD OF COUNTY COMMISSIONERS
��� 'Q�L . ELD COUNTY, COLORADO
Wel. .unty Clerk to the Board,' ',1...-C, - -7--l^",
,1 William H. Jerke, Chair LitDep ,t ClerkUb the Boar EXCUSED
Robert
D.D. sden, Pro-Tern
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CD #2008-[ 01 ] l�/(,'
Willi . Garcia
z.1._;z.1._; C (�
avid E. Long
Douglas ademacher
Hearing Certification, Zoning Violations
January 8, 2008 2008-0156
Page 6 PL0824
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