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Home My WebLink About20072538.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION A public hearing was conducted on August 14, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner William H. Jerke, Pro-Tern -EXCUSED Commissioner William F. Garcia Commissioner Robert D. Masden - 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, Wendi Inloes Building Inspections Department, Roger Vigil Animal Control representative, Gary Schwartz 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: VI#0700066-DUVALL: 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 rights-of-way. Ms. Salzman stated this violation was continued from June 19,2007,to allow staff adequate time to notify the property owner of the violation hearing date. Staff is requesting this case be referred to the County Attorney for immediate action. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Rademacher moved to refer VI #0700066 against Dominic Duvall to the County Attorney for immediate legal action. The motion was seconded by Commissioner Garcia, and it carried unanimously. VI#0700077-SHERLING/BLACKBURN/DENKAI ANIMAL SANCTUARY: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 household pets must remain under eight (8) of one (1) species, or sixteen (16) total at all times, otherwise a Use by Special Review 2007-2538 PL0824 Permit application must be submitted. Ms. Siron stated this violation was continued from July 10, 2007,to allow adequate time for the tenant in the violation to be able to attend the hearing. This is a continuing violation due to the number of dogs on the site, and the neighbor's complaints regarding dogs at large. Ms. Siron stated the tenant is aware that if the number of dogs exceed the allowed limit, they must submit a Use by Special Review Application for a kennel. Ms. Siron stated the complainants are available by phone if testimony is needed and there is also a video presentation on the dogs at large,which is a pending court case. Ms. Siron stated the tenants are leasing the property and are not wanting to invest financially in a Use by Special Review permit until they are sure they are staying on this site. They are in compliance at this time and have expressed they are willing to stay within the number of animals allowed until they extend this lease or purchase their own property and submit a Use by Special Review application. Floss Blackburn, tenant, stated the lease on this property is until June, 2008, and their goal is to get a Use by Special Review Permit once they are in a permanent location. They are an animal rescue, nonprofit organization governed by a board of directors and funding is a factor. Ms. Blackburn stated there is only one of the surrounding neighbors that complain. Responding to Commissioner Long, Ms. Blackburn stated they have mixed breeds of dogs, not a particular breed, and they also take in larger animals and presented a list of numbers and types of animals they take in, marked Exhibit A. Responding to Commissioner Rademacher, Ms. Blackburn stated if they renew the lease for this property, a Use by Special Review application will be submitted. Ms. Blackburn stated they do have the support from most of the neighbors, and they take in strays and special needs animals, and have helped the community with spraying and neutering funding. Joyce Black, neighbor, stated she does volunteer work for this facility, and it has helped so many animals. The facility is clean, and the main problem is one neighbor not wanting this sanctuary in the neighborhood. Responding to Commissioner Garcia, Ms. Blackburn stated there are dogs at large in this area, not all of which are from her facility. There have been neighborhood dogs running free and dogs that are dumped out there that are assumed to be from this facility. Responding to Commissioner Rademacher, Ms. Blackburn stated their facility is secured and the dogs are kept inside or kept in the yard, and she feels they are being unfairly targeted. Gary Schwartz, Animal Control Officer, stated there is a upcoming court case involving a dog-at-large issue for this year, and altogether there have been five(5)dog-at-large citations since 2004 for this sanctuary. Mr. Schwartz stated this has been an ongoing problem with the dogs chasing livestock in the area, and does not feel the neighbors are targeting the facility, this is a legitimate complaint. Commissioner Garcia explained to Ms. Blackburn that this is a taped proceeding and could affect the upcoming court case. Ms. Siron presented the video tape from the complainant for the Board to view at this time. Responding to Commissioner Long, Ms. Blackburn stated the border collie was their dog; however, the other dogs were not from the sanctuary. Responding to Commissioner Long, Stephanie Arries,Assistant County Attorney, stated the dog at large is a separate issue, the concern in this case is that the number of animals may exceed the amount allowed at a future date, as has been the problem in the past. The numbers go up and down,thus creating another violation process. Commissioner Rademacher stressed to Ms. Blackburn how important it is to stay within the limits of animals allowed, and this would eliminate any future violation hearings regarding this issue. Ms. Blackburn stated she does agree to keep the number of animals within the allowed amounts. Commissioner Garcia moved to dismiss VI #0700077 against Paul and Amy Sherling, Floss Blackburn and Denkai Animal Sanctuary due to the number of animals being in compliance at this time. The motion was seconded by Commissioner Rademacher, and it carried unanimously. Hearing Certification, Zoning Violations August 14, 2007 2007-2538 Page 2 PL0824 VI #0700109 - BEARD: 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 restored, removed or screened from all adjacent properties and public rights-of-way. Ms. Siron stated this violation was continued from July 10, 2007, to allow staff adequate time to notify the property owners of the violation hearing date. Ms. Siron is requesting this case be referred back to the Department of Planning Services to allow staff time to work with the property owners to bring said property into compliance. Neither the property owners or a representative was present, and there was no public testimony given. Commissioner Rademacher moved to refer VI #0700109 against Edwin and Helen Beard back to the Department of Planning Services. The motion was seconded by Commissioner Garcia, and it carried unanimously. VI #0700081 -VILLALOBOS: 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, 23-3-150.6 and 23-3-150.C of the Weld County Code. To bring the property into compliance, the chickens must be removed and a letter must be submitted stating when this occurs, and the derelict vehicle must be restored or removed. Ms. Siron stated the derelict vehicle has been removed; however, a letter must be submitted regarding removal of the chickens from this site, or an on-site inspection must be made. There has been no contact from the property owners, and staff is requesting this case be referred to the County Attorney 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 VI #0700081 against Jose and Luz Maria Villalobos to the County Attorney for immediate legal action. The motion was seconded by Commissioner Rademacher, and it carried unanimously. ZCV#0701039 -ZAPIEN BROS CONCRETE, 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, 23-3-30.1, 23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance, the commercial vehicles numbering more than the one (1) allowed, must be removed or appropriately permitted, and the noncommercial junkyard must be restored, removed or screened from all adjacent properties and public rights-of-way. Ms. Salzman requested this case be continued to September 11, 2007,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#0701039 against Zapien Bros Concrete, Inc. until September 11, 2007, 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. VI #0700043 -HOGARTH: 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, 23-3-20.A, 23-3-30, 23-3-30.F and 23-3-30.1 of the Weld County Code. To bring the property into compliance, the noncommercial Hearing Certification, Zoning Violations August 14, 2007 2007-2538 Page 3 PL0824 junkyard must be screened from all adjacent properties and public rights-of-way, or removed from the property, and the camper trailers must not be occupied or used as a dwelling, they must be removed. (Clerks note: This case was held in the break room at the Department of Planning Services, due to the property owner being unable to get his oversized wheelchair into the Hearing Room.) Ms. Salzman stated there is one remaining camper trailer that must be moved to the screened area on site, and the fence has been reconstructed. The issue of living in the mobile home on the property will have to be addressed with submitting an application for a medical hardship due to the mobile home not being wheelchair accessible. Staff is requesting thirty (30) days to allow adequate time for the property owners to submit a medical hardship application. John and Norma Hogarth stated the mobile home is too small to accommodate the oversized wheelchair and they do not have the funds available to make changes to the structure. The motor home is more accommodating due to shorter walking distances. Commissioner Long stated to Mr. and Ms. Hogarth that the Department of Planning Services will have to deny the application for the Medical Hardship, and then it will be brought before the Board of County Commissioners to address. Ms. Salzman stated the cost of the application is$300.00,and wanted the property owners to be aware of this. Commissioner Long suggested the property owners contact church organizations or other such groups to help with the remodeling or funding to make the mobile home more accommodating. Wendi Inloes, Department of Planning Services,stated there is also a$75.00 fee for a temporary situation, so the entire fee will not be waived. Roger Vigil, Building Inspections, stated he would like to do a visual inspection on the motor home that they are living in to make sure the structure is safe. Commissioner Garica moved to refer VI#0700043 against John and Norma Hogarth to the County Attorney for legal action, with the instruction to delay action upon such referral until September 11, 2007, to allow adequate time for the property owners to move the camper trailer behind the screened area and to submit a Medical Hardship application, with the fee of $300.00 being waived, and to also waive the electrical inspection fee of$44.00, providing the structure is safe to use as a dwelling. The motion was seconded by Commissioner Rademacher,and it carried unanimously. BCV#0701009 - REYES: 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 29-8-40 of the Weld County Code. To bring the property into compliance, all inspections must be completed and the permit to connect the two(2) mobile homes must have a Certificate of Occupancy issued. Ms. Gregory spoke with Benita Reyes on August 8, 2007, to advise the property owners of the violation hearing date. Ms. Gregory is requesting this case be referred to the County Attorney for immediate action due to the second permit having expired,and the extension on the second permit has also expired. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Garcia moved to refer BCV#0701009 against Felix and Benita Reyes to the County Attorney for immediate legal action. The motion was seconded by Commissioner Rademacher, and it carried unanimously. BCV#0701018-RICHARDSON/HARMON: Ms. Gregory presented the case report for the record and pursuant to the case file, this property is in violation of Section 29-8-40 of the Weld County Code. To bring the property into compliance, all inspections must be completed and a final Hearing Certification, Zoning Violations August 14, 2007 2007-2538 Page 4 PL0824 approval issued. Ms. Gregory spoke with Virgil Harmon on August 14, 2006, and stated he has been working with Greg Schmidt of Schmidt Engineering and is waiting on them for the Flood Hazard Permit. Staff is requesting thirty (30) days to allow the property owners to complete this project. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Rademacher moved to refer BCV#0701018 against Conchita Richardson and Virgil Harmon to the County Attorney for legal action, with the instruction to delay action upon such referral until September 14, 2007, to allow adequate time for the property owners to complete all inspections and get a final approval. The motion was seconded by Commissioner Garcia , and it carried unanimously. BCV#0701033 - MOORE: 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 new permit application must be submitted, and all applicable documentation must be submitted for the loafing shed. Ms. Gregory stated there has been no contact with the property owner and no progress in getting this project done. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Garcia moved to refer BCV#0701033 against Kevin Moore to the County Attorney for immediate legal action. The motion was seconded by Commissioner Rademacher, and it carried unanimously. This Certification was approved on the 20th day of August, 2007. t IELa APPROVED: ATTEST: Ataki ' .an. /� .'OARD OF COUNTY COMMISSIONERS 1♦` 4TIP.y EL COUNTY, COLO ADO We . bounty Clerk to h- Boar. ,, i . ` \� , David E. Long, Chair BY: Dep y Clerto the Boar EXCUSED William H. prk P - CD #2007-03 K' William F. Garcia EXCUSED Robert D. 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