HomeMy WebLinkAbout20081016.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on April 8, 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 - 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
Planning Department representative, Jaqueline Hatch
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 #0800021 - NUNEZ/ESKEW/ALBRANOR: 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 screened
from all adjacent properties and public right-of-ways, and all the household trash and all the tires
must be removed. Ms. Salzman stated the property owner posted an Eviction Notice for the
tenants on April 4, 2008, and will clean up the property as soon as they move out. Noemi Nunez,
property owners daughter, stated the tenants were incarcerated for operating a meth lab from this
location, and have been served with a Notice to Vacate, so they are in the process of the required
clean-up and no one is allowed on the property until it is safe. Ms. Nunez stated the tenants have
removed some of the vehicles,and as soon as they are legally allowed back onto the property,they
will complete all the work needed to bring the property into compliance.
Commissioner Garcia moved to refer ZCV#0800021 against Aurelio Nunez, Jeremy Eskew and
Dhommi Albranor to the County Attorney for legal action, with the instruction to delay action upon
such referral until June 8, 2008, to allow adequate time for the property owners to evict the tenants,
and complete all the clean-up needed to bring the property into compliance. The motion was
seconded by Commissioner Rademacher, and it carried unanimously.
2008-1016
PL0824
<'l� : PL. OA-
ZCV#0800017-NAKAMOTO: Ms.Salzman presented the case report for the record and pursuant
to the case file,this property is in violation of Sections 23-3-230 and 23-3-230.E of the Weld County
Code. To bring the property into compliance, the commercial vehicles and equipment must be
appropriately permitted and the noncommercial junkyard must be removed. Julie Nakamoto was
present, and stated the current tenant is in the process of moving, taking the commercial vehicles
and equipment off the property. Ms. Nakamoto stated the new tenant will complete the clean-up
and will be submitting a Site Plan Review application. Responding to Commissioner Jerke, Ms.
Nakamoto stated the current tenant was on the property for approximately eight (8) to ten (10)
years, and was running a trucking business from the site. Responding to Commissioner
Rademacker, Ms. Salzman stated the new tenant expressed that he will be moving to the property
in May, 2008, and will be applying for the appropriate permits. Commissioner Jerke pointed out
to Ms. Nakamoto that the burden is with the property owner to make sure the new tenants will be
in compliance with the County Codes, and Ms. Nakamoto stated she understood and she will be
sure the new tenants submit all applications needed.
Commissioner Rademacher moved to refer ZCV#0800017 against Julia Nakamoto to the County
Attorney for legal action, with the instruction to delay action upon such referral until June 8, 2008,
to allow adequate time for the current tenant to remove all the commercial vehicles and equipment
from the site, and the new tenant to submit a Site Plan Review application and complete all
clean-up needed to bring the property into compliance. The motion was seconded by
Commissioner Masden, and it carried unanimously.
VI#0400129-COLEMAN: 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,
23-3-40.O and 23-3-40.R of the Weld County Code. To bring the property into compliance, the
commercial vehicles must be removed or appropriately permitted. Ms. Salzman stated the
application for the Nonconforming Use was denied due to not meeting the newer requirements for
this type of application, and a Zoning Permit for a commercial vehicle has not been submitted and
the remaining commercial vehicle has not been removed. Ms. Salzman stated this case has been
open since 2004, and due to some confusion in the past, whereas the property owners stated they
had submitted an application which staff has not been able to find record of, so the application was
resubmitted. Staff has been receiving complaints regarding this violation periodically.
Kevin and Jeanie Coleman, property owners, stated they purchased this property thirty(30)years
ago, and the County Planner and the Northmoor president was there and they all agreed that the
trucks could be parked on this site. Now this is a problem, and they believe this stems from a
neighbor who was told he could not park his trucks on one of the neighborhood drives, so in return
he called in a complaint against them. Ms. Coleman stated they feel they are grand-fathered in for
this use, and questioned when the code changed. They have had this business operation since
1972, and in all the years they have been there, there were no other complaints until now. Ms.
Coleman stated the trucks leave the house by the south exit which goes directly to County Road
42, the trucks do not go through the subdivision. Commissioner Jerke responded to the question
of when the laws changed regarding this zoning, and stated that prior to 1972, there were no
zoning laws, so the businesses in the County prior to 1972 are grand-fathered in. The businesses
after 1972 are subject to the zoning laws and codes. Also, this business is in a subdivision that
does not allow for it and has been silent up until now. Responding to Commissioner Rademacher,
Ms. Salzman stated in this case through the Weld County Code,they are eligible to apply for a Use
by Special Review Permit for a home business; however, if the Northmoor Homeowners
Hearing Certification, Zoning Violations
April 8, 2008 2008-1016
Page 2 PL0824
Association opposed an objection, that would be something that would need to be addressed
through the Use by Special Review process. Bruce Fickel, the Northmoor Homeowners
Association representative, stated this is a rural subdivision with estate size lots, the homeowners
are concerned with allowing this type of commercial and industrial businesses in this area with
regards to home and resale values. Mr. Fickel presented photos on the overhead to show the
properties and the area effected by the business,and also read a letter regarding the structure next
to the dwelling which was originally intended to be a storage facility for the vehicles when presented
to the Homeowners Association Board prior to construction. The Coleman's purchased their
property in May, 1979, which is seven (7) years after the Weld County Code became effective
prohibiting the activities of the business on the property. The records of the Association reflect the
Coleman's owned a dump truck in 1990, and conducted a hauling enterprise at that point in time.
In 1995 or 1996, a small trailer was added and a large building was requested by the Colemans
to house this large truck. The dump truck was replaced by the semi-tractor and trailer used to haul
heavy equipment and the business has continued to grow. The lack of enforcement for thirty(30)
years does not justify this operation and the property needs to be brought into compliance. The
business allowed in this area are ones that are operated within and confined to the residencies on
the properties, the outside storage of vehicles is not allowed. The Homeowners Association is
counting on Weld County to enforce the Codes and resolve this violation. Ms. Coleman responded,
stating they have not ever owned a dump truck, and only own one semi-trailer, which is a flatbed.
They might have stored a trailer on site for a short time; however,they have not grown in size from
when they first brought this property. Responding to Commissioner Jerke, Ms. Salzman stated
there are two (2) opinions, the first being to remove the vehicle that is not being driven by the
occupant off the property and submit a Zoning Permit for the remaining commercial vehicle that
would allow for one semi-truck and trailer if approved. The second opinion would be to submit an
application for a Home Business which would have to be conducted within the buildings on the site,
which would be a Use by Special Review Permit, and this is not allowed under the covenants of the
subdivision and probably not be approval by the Weld County Board of Commissioners when
heard.
Commissioner Masden moved to refer VI #0400129 against Kevin and Jeanie Coleman to the
County Attorney for legal action, with the instruction to delay action upon such referral until
July 8, 2008,to allow adequate time for the property owners to remove the business, or submit the
appropriate permits. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
ZCV#0800011 -RUEDA: 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, 23-3-30.1, 23-3-30.M, 23-3-40, 23-3-40.Q, 23-3-50 and 23-3-50.D of the Weld County
Code. To bring the property into compliance, a Use by Special Review Application must be
submitted, or a Zoning Permit application must be submitted to allow one (1) commercial vehicle
to remain on the property, or all commercial vehicles must be removed. Ms. Siron stated Leobardo
Rueda contacted her and is removing all the commercial vehicles from the site and will be needing
approximately two (2) weeks to complete. Neither the property owner nor a representative was
present, and there was no public testimony given.
Hearing Certification, Zoning Violations
April 8, 2008 2008-1016
Page 3 PL0824
Commissioner Masden moved to refer ZCV #0800011 against Leobardo Rueda to the County
Attorney for legal action, with the instruction to delay action upon such referral until May 8, 2008,
to allow adequate time for the property owner to remove all the commercial vehicles from the site.
The motion was seconded by Commissioner Rademacher, and it carried unanimously.
ZCV #0800001 - TOLBERT/TOLBERT: 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 and
23-4-130 of the Weld County Code. To bring the property into compliance, the derelict mobile
home and pallets must be removed, or the mobile home must be restored and the appropriate
building and zoning permits submitted. Ms. Siron stated there has been some progress, and Mr.
Tolbert stated to staff that he will continue to work on clearing up this violation. Charles Tolbert,
property owner, stated he has been working out of town, and when he bought the property last
year, he didn't realize how much work needed to be done. Mr. Tolbert stated he would need more
time to get this site cleaned up due to financial limitations and the cost of having large roll-off
dumpsters brought out. Mr. Tolbert stated he has tried to contact the fire department to have a
controlled burn done. Commissioner Rademacher suggested to Mr.Tolbert that he contact the fire
chief at Briggsdale at his home number and let the fire department do a fire exercise on the site.
Commissioner Rademacher moved to refer ZCV #0800001 against Charles Tolbert, do Jack
Tolbert to the County Attorney for legal action, with the instruction to delay action upon such
referral until July 8, 2008, to allow adequate time for the property owner to remove or burn the
pallets and restore or remove the mobile home. The motion was seconded by Commissioner
Masden, and it carried unanimously.
BCV#0701078- HAFLEY: 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 29-7-10
and 23-4-180 of the Weld County Code. To bring the property into compliance, the appropriate
building and zoning permits must be submitted for the mobile home. Ms. Gregory stated she spoke
with Ms. Hafley on April 2, 2008, and this mobile home was intended as a Medical Hardship for her
father-in-law. Ms. Gregory spoke with her again on April 7, 2008, and Ms. Hafley stated she would
be in the office on April 8, 2008, to submit the Zoning and Building permits. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer BCV#0701078 against Shaun Hafley to the County Attorney
for legal action, with the instruction to delay action upon such referral until May 8, 2008, to allow
adequate time for the property owner to submit the appropriate permits to allow the mobile home.
The motion was seconded by Commissioner Garcia, and it carried unanimously.
BCV#0701099 - SMITH: Ms. Gregory presented the case report for the record and pursuant to
the case file, this property is in violation of Section 29-7-10 of the Weld County Code. To bring the
property into compliance,a permit application and all appropriate documentation must be submitted
for the mobile home, all fees paid, and all inspections completed. Ms. Gregory stated a Building
Permit application was submitted in January, 2007, and was never issued due to the mobile home
being located in a floodplain, and that issue has never been resolved. Neither the property owner
nor a representative was present, and there was no public testimony given.
Hearing Certification, Zoning Violations
April 8, 2008 2008-1016
Page 4 PL0824
Commissioner Rademacher moved to refer BCV #0701099 against Todd Smith 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 14th day of April, 2008.
�•�` APPROVED:
ATTEST: D� � / ��I�,a+ G BOARD OF COUNTY COMMISSIONERS
Fit{!D' 'R WELD COUNTY, COLORADO
Wel auntyClerktothe(•-
• _.,; 1 �—
�., m H. Jerke, Chair
Dep t Cler • the Boa��j�� 4*
Robe Pro-Tem
CD #2008-04
William F. Garcia
EXCUSED
David E. Long
Dougl Rademacher
Hearing Certification, Zoning Violations
April 8, 2008 2008-1016
Page 5 PL0824
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