HomeMy WebLinkAbout20070077.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on January 9, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
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, Craig Emil
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Ann Siron
Planning Department representation, Brad Mueller
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 #0600284 - BOAL: 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.F 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 derelict mobile home must be removed. Ms. Salzman stated the
violation was continued from December 12, 2006, to allow adequate time for the property owners
to burn down the mobile home and remove the debris from the site. Ms. Salzman stated the
Hudson Fire Department has scheduled a control burn for the mobile home; however, weather
conditions have caused a delay. Neal and Betty Boal, property owners, stated they have a roll off
trash container for the debris on site; however, due to the snow storms all work has stopped. Mr.
and Mrs. Boal stated they will continue to clean up the property as soon as the weather permits,
and they have made substantial progress.
Commissioner Masden moved to refer VI #0600284 against Neal and Betty Boal to the County
Attorney for legal action, with the instruction to delay action upon such referral until April 9, 2007,
to allow adequate time for the property owners to burn down the mobile home and remove all the
debris from the site. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
2007-0077
PL0824
VI #0600409 - DE PENA: 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, 23-3-30.M,
23-3-40 and 23-3-40.R 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, a Use by Special Review application must be submitted, and the number of
commercial vehicles must be reduced to the one allowed. Also, a Zoning Permit for a Commercial
Vehicle must be submitted and all other commercial storage must be removed from the property.
Ms. Salzman is requesting this case be continued to February 13, 2007, to allow adequate time for
the property owner to be notified of the violation hearing date. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Masden moved to continue VI #0600409 against Jesus De Pena until
February 13, 2007, to allow adequate time for the property owner to be notified of the violation
hearing date. The motion was seconded by Commissioner Radmacher,and it carried unanimously.
VI #0600407 - LOT HOLDING INVESTMENTS, LLC/GREGG: 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.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 number of commercial vehicles must be reduced to the one
allowed, or a Use by Special Review application must be submitted. Ms. Salzman stated Peter
Ziemke, representative for Jeff Gregg, sent a fax explaining that an eviction hearing is scheduled
for January 24, 2007, and staff is requesting this case be continued to February 13, 2007, to allow
adequate time for the property owners to evict the current tenants to remove all commercial
vehicles and bring the property into compliance. Neither the property owners nor a representative
was present, and there was no public testimony given.
Commissioner Jerke moved to continue VI #0600407 against Lot Holding Investments, LLC, and
Jeff Gregg until February 13, 2007, to allow adequate time for the property owner to evict the
current tenants to remove all commercial vehicles, bringing said property into compliance. The
motion was seconded by Commissioner Masden, and it carried unanimously.
VI#0600519-GILLMORE/KREAGER: Ms. Salzman presented the case report for the record and
pursuant to the case file, this property is in violation of Sections 23-4-60, 23-4-70 and
Appendix 23-C and 23-D of the Weld County Code. To bring the property into compliance, the
temporary political sign must be removed. Ms. Salzman stated she received a complaint on
October 24, 2006, regarding the sign, and upon inspection on January 8, 2007, two of the three
inserts of the sign had blown off or been removed. Responding to Commissioner Jerke, Brad
Mueller, Department of Planning Services, stated currently under the zoning definitions for signs,
there is Section 23-4-75 for Temporary Signs relating to public elections,construction,and property
for sale or rent. These signs must be removed upon completion of the project or when the property
is sold or rented, and in no case shall the signs be allowed to stay longer than one year. Ms.
Salzman stated this case was presented to the Board by direction of the County Attorney based
on this definition. Commissioner Jerke stated he will be asking for a Work Session regarding the
Section of the Weld County Code for signs. Mr. Mueller stated staff will research when that
definition was added in the Weld County Code and the circumstances under which it was adopted.
Hearing Certification, Zoning Violations
January 9, 2007 2007-0077
Page 2 PL0824
Neither the property owners nor a representative was present, and there was no public testimony
given.
Commissioner Jerke moved to dismiss VI#0600519 against Bruce Gillmore and Ken Kreager. The
motion was seconded by Commissioner Garcia. Upon request for a roll call vote, the motion
carried four to one, with Commissioner Masden opposed.
VI #06000368 - RETANA-PENA: 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 number of commercial vehicles must be reduced to the one allowed and a Zoning
Permit for a Commercial Vehicle must be submitted, or all commercial vehicles must be removed
from the property. Ramon Retana, property owner, stated the trucks are being used to remove
trash and to bring dirt in for the new home they are building. Mr. Retana is requesting the trucks
be allowed to stay on site until the home is complete. Responding to Commissioner Rademacher,
Mr. Retana stated the Building Permit will expire in November, 2007, and after completion of the
project the trucks will be taken to a shop located at State Highway 76 and Pecos. Responding to
Commissioner Long, Ms. Salzman recommended the trucks could be used for trash removal and
landscaping, and stored elsewhere after dumping supplies or trash for the day. Responding to
Commissioner Rademacher, Ms. Salzman stated they have received complaints from surrounding
property owners.
Commissioner Masden moved to refer VI #0600368 against Ramon Retana-Pena to the County
Attorney for legal action, with the instruction to delay action upon such referral until May 9, 2007,
to allow adequate time for the property owner to remove or reduce the number of commercial
vehicles to one, or a Use by Special Review application must be submitted. The motion was
seconded by Commissioner Rademacher, and it carried unanimously.
VI #0600352 -ZAHN: 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, 23-3-30.L 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, the number of commercial vehicles must be reduced to the one allowed, and a
Zoning Permit for a Commercial Vehicle must be submitted, or all commercial vehicles must be
removed or a Use by Special Review application must be submitted for a Home Business, if
applicable. Ms. Salzman stated there has been no contact with the property owners, and is
requesting this violation be continued to February 13, 2007, to allow 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 Jerke moved to continue VI #0600352 against John and Rachelle Zahn until
February 13, 2007, to allow adequate time for the property owners to be notified of the violation
hearing date. The motion was seconded by Commissioner Masden, and it carried unanimously.
Hearing Certification, Zoning Violations
January 9, 2007 2007-0077
Page 3 PL0824
VI#0600349 -KRAFT: 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.B, 23-3-30, 23-3-30.F and
23-3-30.K of the Weld County Code. To bring the property into compliance, the mobile home must
be removed, and a Building Permit for the cargo container must be submitted. Ms. Salzman stated
this property is for sale, there has been no contact with the property owners, and the certified mail
was returned unclaimed. Neither the property owners nor a representative was present, and there
was no public testimony given.
Commissioner Jerke moved to continue VI #0600349 against Jeffrey and Tabitha Kraft until
February 13, 2007, to allow adequate time for the property owners to be notified of the violation
hearing date. The motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0600357 - COLLIER: 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. Ms. Salzman
stated Matthew Collier contacted her on January 8, 2007, and is requested sixty days to complete
all work needed to bring the property into compliance. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0600357 against Matthew and Kathleen Collier to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 9, 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 Jerke, and it carried unanimously.
VI #0600348 - COX: 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. Ms. Salzman
stated Bette Cox contacted her and stated they are installing a fence to screen the property;
however, due to weather conditions have not been able to continue the screening of the property,
and requested five months to complete this project. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0600348 against Edward and Bette Cox to the County
Attorney for legal action, with the instruction to delay action upon such referral until June 9, 2007,
to allow adequate time for the property owners to completely screen the property from all adjacent
properties and public rights-of-way to bring the property into compliance. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
VI #0600347 - EDWARDS: 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. Ms. Salzman
is requesting five months to allow the property owner to complete the fencing around the property.
Hearing Certification, Zoning Violations
January 9, 2007 2007-0077
Page 4 PL0824
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Masden moved to refer VI#0600347 against Bryan Edwards to the County Attorney
for legal action, with the instruction to delay action upon such referral until June 9, 2007, to allow
adequate time for the property owner to completely screen the property from all adjacent properties
and public rights-of-way to bring the property into compliance. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
VI#0600354-SHAMY: 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. Ms. Salzman stated
John and Dorothy Shamy contacted her by mail, and due to health problems and weather
conditions, are requesting more time to complete the clean-up of the property. Neither the property
owners nor a representative was present, and there was no public testimony given.
Commissioner Jerke moved to refer VI#0600354 against John and Dorothy Shamy to the County
Attorney for legal action, with the instruction to delay action upon such referral until June 9, 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 Rademacher, and it carried unanimously.
VI #0600360 - CAMBODIAN CULTURAL CENTER: 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.E and 23-3-40.E.1 of the Weld County Code. To bring the property into
compliance, a Use by Special Review application must be submitted. Ms. Salzman stated Todd
Hodges Designs has been hired to submit the Use by Special Review application and is requesting
sixty days in which to complete this. Neither the property owners nor a representative was present,
and there was no public testimony given.
Commissioner Garcia moved to refer VI #0600360 against the Cambodian Cultural Center to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 9, 2007, to allow adequate time for the property owners to submit a Use by Special Review
application. The motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0000055 - DEITERMAN: 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, 23-3-40, 23-3-40.0 and 23-3-40.AA 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, the number of semi trailers must be reduced
to the two allowed and the cargo containers must be reduced to one. Ms. Siron stated the semi
trailers have been reduced to the one allowed and there has been substantial progress made to
bring the property into compliance. Roger Deiterman, property owner, stated he has been working
on removing the vehicles; however, due to the inclement weather, has not been able to complete
the project. Mr. Deiterman stated he will continue to clean up the property to bring it into
Hearing Certification, Zoning Violations
January 9, 2007 2007-0077
Page 5 PL0824
compliance. Mr. Deiterman stated he is going to have shoulder surgery within the next couple of
months and when weather permits, he will continue to make progress.
Commissioner Jerke moved to refer VI #0000055 against Roger and Eileen Deiterman to the
County Attorney for legal action, with the instruction to delay action upon such referral until
July 9, 2007, 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 Masden, and it carried unanimously.
VI#0600346 -SAND: 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.B 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 there is a small pile of tires and skirting left to be removed and staff is requesting thirty days,
due to the weather conditions, to allow the property owner to complete the clean up. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Garcia moved to refer VI #0600346 against Virginia Sand to the County Attorney
for legal action, with the instruction to delay action upon such referral until February 9, 2007, to
allow adequate time for the property owner to remove the remaining tires and skirting from the
property. The motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0500178 - MODAFFERI: 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, the permit requires that
all inspections be completed and have a final approval. Ms. Gregory stated the permit has been
open since 2003, and numerous inspections are due. There has been no contact from the property
owners to complete the inspections, and she is requesting this case be referred to the County
Attorney's Office for immediate legal action. Neither the property owners nor a representative was
present, and there was no public testimony given.
Commissioner Jerke moved to refer VI#0500178 against Peter and Karen Modafferi to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it
carried unanimously.
VI#0600148 -SWENSON: 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, the permit for an addition to a detached garage must have all inspections
completed and have a final approval. Ms. Gregory stated there has been no progress made to
clear up this violation, and no contact from the property owners since December, 2006. Ms.
Gregory is requesting this case be referred to the County Attorney's Office for immediate legal
action. Neither the property owners nor a representative was present, and there was no public
testimony given.
Hearing Certification, Zoning Violations
January 9, 2007 2007-0077
Page 6 PL0824
Commissioner Masden moved to refer VI #0600148 against Ricky and Michele Swenson to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Jerke,
and it carried unanimously.
This Certification was approved on the 15th day of January, 2007.
APPROVED:
ATTEST: ���+ a l7 ` BOARD OF COUNTY COMMISSIONERS
! 9\` E COU TY, COLO: DO
rcIaL re �
Weld County Clerk to the B :f& 1 ?-� . .�
v L i vid E. Long, Chair
BY:
Deputy C erk to the Board vi,e Gi
-, William Pro em
TAPE #2007-01
Wil ' m F. Garcia \M,
Robert D. Masden
D la a em r
Hearing Certification, Zoning Violations
January 9, 2007 2007-0077
Page 7 PL0824
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