HomeMy WebLinkAbout20072866 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on September 11, 2007, at 10:00 a.m.,with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Sharon Kahl
County Attorney, Bruce Barker
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#0701039 -ZAPIEN BROS CONCRETE, INC.: 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 23-3-20,23-3-30,23-3-30.1,23-3-40 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, and the noncommercial junkyard must be restored, removed or screened from all
adjacent properties and public rights-of-way. Ms. Salzman stated this case was continued from
August 14, 2007, to allow adequate time for staff to notify the property owners of the violation
hearing date. Ms. Salzlman stated the commercial vehicles are not visable from the adjacent
roads; however, they can be seen from the subdivision behind the property. There has been no
contact from the property owners and 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 Masden moved to refer ZCV#0701039 against Zapien Bros Concrete, Inc. to the
County Attorney for immediate legal action. The motion was seconded by Commissioner
Rademacher, and it carried unanimously.
VI #0700098- EASTMAN: 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 the
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Zoning Permit fora Commercial Vehicle must be completed. Ms. Salzman stated there has been
substantial progress and staff is requesting an additional thirty(30)days to complete all the work
needed to bring the property into compliance. Russell Eastman, property owner, stated he had
health problems and family issues that have slowed down the completion of this project. Mr.
Eastman thanked the Board and Ms. Salzman for working with him, and stated he will continue to
work on moving the remaining items behind the screening and install a gate.
Commissioner Rademacher moved to refer VI #0700098 against Russell and Linda Eastman to
the County Attorney for legal action, with the instruction to delay action upon such referral until
October 11, 2007,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 Masden, and it carried unanimously.
WV#0701060-LEON: 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, 23-3-40 and
23-3-40.L of the Weld County Code. To bring the property into compliance, the second mobile
home must be removed or appropriately permitted. Ms. Salzman stated she spoke with Cirilo Leon
and his son,and also Mr. Leon's consultant,and is requesting an additional thirty(30)days to allow
the property owner to submit a Use by Special Review application or a Zoning Permit for a Medical
Hardship application. Neither the property owners nora representative was present,and there was
no public testimony given.
Commissioner Garcia moved to refer ZCV#0701060 against Cirilo and Guillermina Leon to the
County Attorney for legal action, with the instruction to delay action upon such referral until
October 11, 2007, to allow adequate time for the property owners to submit the appropriate
applications. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
ZCV#0701037- SMOLJAN: 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.R and
23-3-40.V of the Weld County Code. To bring the property into compliance, the business must be
removed or a Use by Special Review application must be submitted. Ms. Salzman spoke with
David Smoljan in regards to obtaining a Use by Special Review application for the business and
Mr.Smoljan stated he is requesting thirty(30)days to allow his tenant to remove the mulch pile and
the commercial vehicles from the site. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Garcia moved to refer ZCV#0701037 against David Smoljan to the County Attorney
for legal action, with the instruction to delay action upon such referral until October 11, 2007, to
allow adequate time for the tenant to remove the commercial vehicles and all the mulch piles from
the property. The motion was seconded by Commissioner Masden, and it carried unanimously.
VI#0600178-JACKSON: 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.H of the Weld County Code. To bring the property into compliance, the number of cats
must be reduced to four (4) or a Use by Special Review application must be submitted, the
Hearing Certification, Zoning Violations
September 11, 2007 2007-2866
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noncommercial junkyard must be restored, removed or screened from all adjacent properties and
public rights-of-way,and all household trash must be removed. Ms.Salzman stated she inspected
the property on September 10, 2007, and the number of cats has been reduced to three (3), and
she is requesting an additional sixty(60)days to allow the property owner to complete the cleanup
of the noncommercial junkyard and household trash. Doyle Jackson, property owner, stated he
had several health conditions that stopped him from completing the cleanup of this property;
however, he is recovering now and will soon be able to start working on this again. Mr. Jackson
stated there are numerous stray cats in this area, and he has only three(3)show cats at this time,
and is requesting time to complete the removal of the trash and debris and to move the remaining
items behind the screening.
Commissioner Masden moved to refer VI#0600178 against Doyle Jackson to the County Attorney
for legal action, with the instruction to delay action upon such referral until November 11, 2007, to
allow adequate time for the property owner to remove all the household trash and 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.
VI#0600358-WOODWARD: 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 and 23-3-30.L
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
a copy of the current registration must be submitted for the semi-trailer. Ms. Salzman stated the
property owner has made substantial progress. Warren Woodward, property owner, stated he fell
on the ice in December, 2006, and has had numerous health problems and shoulder surgery in
April, 2007, which put an end to the clean up process for a while. Mr. Woodward stated he is now
able to continue the work, and is trying to clean up twenty-seven (27)years of accumulation, and
since the landfills in that area closed, people are now dumping on this site, so now he has that to
clean up also. Responding to Commissioner Masden, Mr. Woodward stated he is working on
cleaning up the site and maybe selling the property to a developer since the area is now mostly
subdivisions.
Commissioner Masden moved to refer VI #0600358 against Warren Woodward to the County
Attorney for legal action,with the instruction to delay action upon such referral until March 11,2008,
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 Garcia, and it carried unanimously.
ZCV#0701090 - THOMPSON: 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 23-3-110.B and 23-3-110.C of the Weld County Code. To bring the property into
compliance, the horse must be removed. Ms. Siron stated she spoke with Gary Thompson on
August 2, 2007, and again on August 14, 2007, and explained that the horse will need to be
removed from the property as there are no provisions in the Weld County Code which allow for this
type of use in an R-5 Zone District. Neither the property owner nor a representative was present,
and there was no public testimony given.
Hearing Certification, Zoning Violations
September 11, 2007 2007-2866
Page 3 PL0824
Commissioner Garcia moved to refer ZCV #0701090 against Gary Thompson to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it
carried unanimously.
WV#0701075 - BECKLES, LLC/LISCANO: 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 23-3-30.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, and the commercial vehicles must be removed or a Use by Special Review
application must be submitted. Pete Liscano, tenant, stated he has two(2)derelict vehicles left to
remove and will be submitting the proper permits to remodel and sell the mobile home. Ms. Siron
expressed to Mr. Liscano that the proper permits must be obtained to began remodeling the mobile
home, and to include all inspections needed and Mr. Liscano stated he understood and would
comply.
Commissioner Rademacher moved to refer ZCV # 0701075 against Beckles, LLC and Pete
Liscano to the County Attorney for legal action, with the instruction to delay action upon such
referral until October 11, 2007, to allow adequate time for the tenant to remove the remaining
vehicles, and to submit the proper permits and applications. The motion was seconded by
Commissioner Masden, and it carried unanimously.
VI#0600167-GUERRA/VIGIL: 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 permits must
be completed and all the inspections must be completed for final approval. Ms. Gregory stated
staff is requesting this case be referred to the County Attorney for immediate action because the
last inspection was in December, 2006, and she spoke with Danielle Vigil who stated the project
is still not complete. Neither the property owner nor a representative was present, and there was
no public testimony given.
Commissioner Garcia moved to refer VI #0600167 against Gerard Guerra, and Loretta and
Danielle Vigil to the County Attorney for immediate legal action. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
BCV#0701011 - PEREA: 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. Ms.Gregory stated staff is requesting
this case be referred to the County Attorney for immediate action, due to no progress and no
contact from the property owners to bring this property into compliance. Responding to
Commissioner Long, Ms.Siron,Zoning Compliance Officer for previous cases,stated this property
is currently in the County Attorney's Office due to problems in getting the property owners serviced,
and there has been a warrant issued for them for not appearing in Court. Ms. Siron added Rosa
Perea to this violation to try and get some type of action due to the number of previous violations
with this property. Commissioner Long expressed his concerns with the health issues and number
of people living at this site,and also there have been numerous complaints regarding this property.
Hearing Certification, Zoning Violations
September 11, 2007 2007-2866
Page 4 PL0824
Bruce Barker, County Attorney, stated the Sheriff's Office should be contacted in regard to the
Bench Warrants, and the Health Department should be contacted to address the health and safety
issues regarding the sanitation problems associated with this property. Neither the property owner
nor a representative was present, and there was no public testimony given.
Commissioner Garcia moved to refer BCV#0701011 against Rosa Perea to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Masden, and it carried
unanimously.
BCV#0701021 -VEGA: 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, the permit application and all applicable documentation must be
submitted for the uncovered deck. Ms. Gregory is requesting this case be referred to the County
Attorney for immediate legal action due to no progress and no contact from the property owner.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Masden moved to refer BCV #0701021 against Abelardo Vega to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Rademacher,
and it carried unanimously.
BCV#0701036 - GRUBER: 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 and all applicable documentation must be
submitted. Ms. Gregory is requesting this case be referred to the County Attorney for immediate
legal action due to no corrections having been made to complete the permit, and Mr. Gruber has
now sold the property. Responding to Commissioner Rademacher, Ms. Gregory stated the new
owners are aware of the violations. Mr. Barker stated in the past cases involving manufactured
homes, the new owners have been added to the violation in order to get better results on getting
the property into compliance; however, the person or company that takes out the building permit
is obligated to complete all permits and inspections. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Radmacher moved to refer BCV #0701036 against Shen Gruber to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it
carried unanimously.
Hearing Certification, Zoning Violations
September 11, 2007 2007-2866
Page 5 PL0824
This Certification was approved on the 17th day of September, 2007.
APPROVED:
ATTEST: M/47)
! BOAR OF COUNTY COMMISSIONERS
IEL4�WELD UNTY, COLORADO
Wel. ounty Clerk to the ,.•�., �'` _t V
4S :vid E. Long, Chair
De. ty Cle to the Bo) ' • ' - 1 XCUSED
• %` c\, WilliaH.�Jke, Pro-Tern
CD #2007-04
Wi • m F. Garcia
n�
Robert . Masaen
ougl Radema er
Hearing Certification, Zoning Violations
September 11, 2007 2007-2866
Page 6 PL0824 ,
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