HomeMy WebLinkAbout20071935.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on July 10, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Sharon Kahl
County Attorney, Stephanie Arries
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:
VI #0700019 - HARDY: 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.M, 23-3-40,23-3-40.O and 23-3-40.0 of the Weld County Code. To bring the
property into compliance, a Use by Special Review application must be submitted, or the number
of semi-trailers must be reduced to one (1) and a Zoning Permit for a commercial vehicle
application must be submitted, or all commercial vehicles must be removed. Ms. Siron stated this
violation was continued from May 8, 2007, to allow the property owner adequate time to discuss
with staff all the options available to resolve these violations, and to submit the appropriate permits.
Ms. Siron stated she met with Mary Hardy and she has decided to submit a Use by Special Review
application by the end of the week. Responding to Commissioner Jerke, Ms. Siron stated the
property owner is aware that the Use by Special Review application may be denied by the Board
at a later hearing. Neither the property owner nor a representative was present, and there was no
public testimony given.
Commissioner Rademacher moved to refer VI #0700019 against Mary Hardy to the County
Attorney for legal action, with the instruction to delay action upon such referral until
August 10, 2007,to allow adequate time for the property owner to submit a Use by Special Review
application. The motion was seconded by Commissioner Garcia, and it carried unanimously.
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, 23-3-250.B and 23-3-250.C of the Weld
County Code. To bring the property into compliance, the noncommercial junkyard must be
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restored, removed or screened from all adjacent properties and public rights-of-way. Ms. Siron
stated the certified mail was returned unclaimed and staff has not be able to contact the property
owners, and is requesting this case be continued to August 14, 2007, to allow adequate time to
notify Edwin and Helen Beard of the violation hearing date. Neither the property owners nor a
representative was present and there was no public testimony given.
Commissioner Masden moved to continue VI #0700109 against Edwin and Helen Beard until
August 14, 2007, to allow adequate time for the property owners to be notified of the violation
hearing date. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
VI #0700077 - SHERLING/FLOSS BLACKBURN/DENKAI ANIMAL SANCTUARY: 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.H of the Weld County Code. To
bring the property into compliance, the number of household pets must be reduced to eight (8), or
a Use by Special Review application must be submitted. Ms. Siron is requesting this case be
continued to allow the property owners to be able to attend. Responding to Commissioner Jerke,
Ms. Siron stated the animals are being taken care of and there is no neglect, the issue is the
number of animals kept at this site. Responding to Commissioner Garcia, Ms. Siron stated the Use
by Special Review permit has been explained to Ms. Sherling several times. Stephanie Arries,
Assistant County Attorney,stated there is a dog at large hearing scheduled for September 6,2007,
and there have been complaints by the neighbors that different dogs are at large at different times.
Neither the property owners nor a representative was present, and there was no public testimony
given.
Commissioner Masden moved to continue VI #0700077 against Paul and Amy Sherling, Floss
Balckburn, and Denkai Animal Sanctuary until August 14, 2007, to allow adequate time for the
property owners to be able to attend the hearing. The motion was seconded by Commissioner
Garcia, and it carried unanimously.
VI #0500240 - OLIVAS: 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 the inspections must be
completed. Ms. Gregory stated this case was referred back to the Department of Planning
Services on February 14, 2006, to allow time to work with the property owners on the permits
needed and an outline was prepared to inform Manuel and Mary Olivas of all the work needed to
bring the property into compliance. The permits were submitted and a new demolition permit was
issued. The demolition permit has now expired, and there has been no progress nor any
inspections scheduled. Ms. Gregory stated this violation has been ongoing for over two (2) years
and there has been no progress or changes to bring the property into compliance. Manuel Olivas,
property owner, stated he has been working out of town and has not had the finances to complete
this project. Mr. Olivas stated there are a number of properties in that area that have the same
violations. Commissioner Jerke explained that the cases are complaint oriented and these codes
are in place to protect property owners, and expressed to Mr. Olivas that these violations need to
be resolved. Responding to Commissioner Jerke, Ms.Gregory informed Mr. Olivas that one of the
buildings needs to be demolished, one needs to be moved to met the setback, and the third
building needs to be connected to an existing building to create the carport by attaching the roof.
Hearing Certification, Zoning Violations
July 10, 2007 2007-1935
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Mr. Olivas stated he understands what needs to be completed, and is requesting more time.
Commissioner Garcia expressed to Mr. Olivas that these violations need to be taken care of as
soon as possible, and he might ask family or friends to help complete all the work needed.
Commissioner Garcia moved to refer VI#0500240 against Manuel and Mary Olivas 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 complete all inspections
on the shed and carport, and to demolish one of the buildings. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
VI #0500346 - LAGE: 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 the inspections must be completed. Ms. Gregory stated there have
been no inspections since 2006, and no contact from the property owners. Neither the property
owners nor a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI#0500346 against Daniel and Nancy Lage to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Rademacker,
and it carried unanimously.
Hearing Certification, Zoning Violations
July 10, 2007 2007-1935
Page 3 PL0824
This Certification was approved on the 16th day of July, 2007.
�,� ���� APPROVED:
ATTEST: /J 1 44 Ii �►�BOARD OF COUNTY COMMISSIONERS
Jb� D F,La ELD COUNTY, COLORADO
Weld County Clerk to the B.'d
1861 Wyala
USED
/ - ,� qb,..4 :vid E. Long, Chair
BY: L Al. a.'i S'; `.
Dep y Cler o the Boar. '''7--- i 1r
William H Jer , Pr -
CD #2007-02 X/<-7 ,
Will' F. arcia
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Robert D. asden
Douglas ademacher
Hearing Certification, Zoning Violations
July 10, 2007 2007-1935
Page 4 PL0824
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