HomeMy WebLinkAbout20073157.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on October 9, 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- EXCUSED
Also present:
Acting Clerk to the Board, Sharon Kahl
Assistant County Attorney, Stephanie Arries
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#0701107-DARLING/MEEKER: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, 23-3-20.B, 23-3-30, 23-3-40 and 23-3-40.L of the Weld County Code. To bring the
property into compliance, proper paperwork must be submitted to deem the second mobile home
as a nonconforming use, to show that the two mobile homes are a grand-fathered use. Ms. Siron
stated Thomas Darling is out of the state, and is requesting this case be continued to
November 13, 2007, to allow Mr. Darling to be present. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Masden moved to continue ZCV #0701107 against Thomas Darling and Cindy
Meeker until November 13, 2007, to allow adequate time for the property owner to be present at
the violation hearing. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
ZCV#0701077 - RYAN: 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.A, 23-3-30, 23-3-40, 23-3-40.L, 23-4-130,
23-4-180 and 23-4-180.C of the Weld County Code. To bring the property into compliance, the
mobile home must be removed, or evidence must be submitted to justify the Medical Hardship
situation still exists along with a letter from a medical doctor verifying the need for full time care.
Kevin and Shirley Ryan, property owners, stated they have the all the paperwork available and can
submit this today, and apologized they did not get this done in time.
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Commissioner Garcia moved to refer ZCV#0701077 against Kevin Ryan to the County Attorney
for legal action, with the instruction to delay action upon such referral until November 9, 2007, to
allow adequate time for the property owners to submit the paperwork needed to justify the mobile
home as a Medical Hardship. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI #0700031 - COLORSTAR GROWERS OF COLORADO: 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 she received
a letter from the Fort Lupton Fire Department that there is a controlled burn scheduled for
October 20, 2007, which will bring this property into compliance. Neither the property owner nor
a representative was present and there was no public testimony given.
Commissioner Masden moved to continue VI#0700031 against ColorStar Growers of Colorado to
November 13, 2007, to allow adequate time for the Fort Lupton Fire Department to complete the
controlled burn to bring the property into compliance. The motion was seconded by Commissioner
Garcia, and it carried unanimously.
ZCV #0701080 - GLAZE INDUSTRIAL PROPERTIES LLC: 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 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 a Change of Zone and a Site Plan
Review process must be applied for,or the commercial business must be removed. Michael Glaze,
property owner, stated sixty (60) days would be enough time to submit the Change of Zone
application. Mr. Glaze stated there are two addresses for this property and would like to make this
one address. Ms. Salzman stated this property was divided into two different addresses for tax
purposes in the past. The property was zoned agricultural; however, the gas station was taxed
commercially, which was classified under a nonconforming use. The Department of Planning
Services will get this property under one address. Responding to Commissioner Garcia, Mr. Glaze
stated they are continuing to operate the business from this site and the Fort Lupton Fire
Department had done an on-site inspection and they are in compliance with all of the standards
needed for this operation. Ms. Salzman stated there are no citizen complaints and there are no
safety or public welfare concerns, so the business can continue to operate while the Change of
Zone application is being processed.
Mr. Glaze requested the investigation fees be waived during the sixty (60) day time-line for the
Change of Zone application to be submitted. Ms. Salzman stated these fees are accessed on
violations to recover some of the staff time expenses, which was not the case in this violation due
to no citizen complaints and Mr. Glaze has been very cooperative. Tom Honn, Department of
Planning Services, stated the investigation fees are accessed in the normal process of a violation,
due to complaints and staff time needed to contact and mail correspondence. This case is exempt
from a normal case involving that type of format, and it would be acceptable to waive the fees in
this particular situation.
Hearing Certification, Zoning Violations
October 9, 2007 2007-3157
Page 2 PL0824
Commissioner Garcia moved to refer ZCV#0701080 against Glaze Industrial Properties, LLC, to
the County Attorney for legal action, with the instruction to delay action upon such referral until
December 9, 2007, to allow adequate time for the property owner to submit a Change of Zone
application, and also moved that the Board waive the Investigation Fees during the sixty(60)day
time line to submit the application. The motion was seconded by Commissioner Masden, and it
carried unanimously.
(Clerk's note: The Board of Commissioners would like to schedule a work session with the
Department of Planning Services regarding investigation fees in cases such as this.)
VI #0700088- CALDERON: 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.F, 23-3-30.K and
23-3-40.R of the Weld County Code. To bring the property into compliance, the commercial
business must have a Use by Special Review application submitted,or be removed,and the mobile
home must be permitted or removed. Ms. Salzman is requesting this case be continued to
November 13, 2007, to allow time for the Use by Special Review application to be submitted.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Masden moved to continue VI#0700088 against Mario Calderon until November 13,
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.
This Certification was approved on the 15th day of October, 2007.
APPROVED:
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ATTEST: in e BOARD OF COUNTY COMMISSIONERS
+.. / WEICCOYRADO
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Wel ounty Clerk to t e Board kt,,
David E. Long, Chair
BY: u' an
De i ty Cle 1 to the Board EXCUSED
William/�H. er , Pro-Tem
CD #2007-05 ��
Wa \ki
Robert D. Masden
EXCUSED
Douglas Rademacher
Hearing Certification, Zoning Violations
October 9, 2007 2007-3157
Page 3 PL0824
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