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Home My WebLink About20073455.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION A public hearing was conducted on November 13, 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 - EXCUSED Commissioner Douglas Rademacher 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 Planning Department representative, Wendi Inloes Building Inspection representative, Roger Vigil 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: (Clerk's note: CD failed to record hearing.) VI #0700088- CALDERON: 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, 23-3-30.K and 23-3-40.R of the Weld County Code. To bring the property into compliance, all commercial operations must be appropriately permitted or removed, and the mobile home must be permitted or removed. A Use by Special Review application would cover both the business and the mobile home, should the property owner choose to apply for that process. Also, a building permit application must be submitted for the mobile home and the cargo container. Ms. Salzman stated this case was continued from October 9, 2007, to allow adequate time for the property owner to submit a Use by Special Review application, and staff is requesting this case be referred back to the Department of Planning Services due to said application being submitted. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Garcia moved to refer VI#0700088 against Mario Calderon back to the Department of Planning Services due to a Use by Special Review application being submitted. The motion was seconded by Commissioner Rademacher, and it carried unanimously. 2007-3455 PL0824 VI #0700031 - COLORSTAR GROWERS OF COLORADO: 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 this case was continued from October 9, 2007, to allow adequate time for the Fort Lupton Fire Department to conduct a controlled burn on-site to bring the property into compliance. Ms. Salzman stated an on-site inspection on October 14, 2007, showed the pallets had been burned, and staff is requesting this case be closed. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Garcia moved to close VI#0700031 against ColorStar Growers of Colorado due to the property owners bringing said property into compliance. The motion was seconded by Commissioner Rademacher, and it carried unanimously. 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, the proper paperwork must be submitted justifying the second mobile home as a nonconforming use,showing the two homes on the parcel are a grandfathered use. Ms. Salzman stated this case was continued from October 9, 2007, to allow adequate time for the property owner to be present at the hearing. Ms. Salzman stated there has been no progress from the tenant nor the property owner to bring the property into compliance, and is requesting this case be referred to the County Attorney for immediate legal action. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Rademacher moved to refer ZCV #0701107 against Thomas Darling and Cindy Meeker to the County Attorney for immediate legal action. The motion was seconded by Commissioner Garcia, and it carried unanimously. ZCV#0701165-GUERRERO: 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 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 the commercial vehicles numbering more than the one (1) allowed must be removed and; at any given time, there should not be more than the one(1) commercial vehicle on said property. Bernardo Guerrero, property owner, stated there was one time when another commercial truck was on the property due to an equipment emergency, and he removed his truck in order to stay in compliance. Mr. Guerrero stated he has worked to keep his property within code, and will continue to do so. Jon Langstaff, neighbor, stated there has been only one commercial vehicle on the site now, and Mr. Guerrero has been a good neighbor. Commissioner Garcia noted to Mr. Guerrero the importance of keeping his property in compliance, and applauded his effort by removing his own truck when a friend brought a commercial vehicle in an emergency situation to this site, and to continue to work with the surrounding neighbors. Commissioner Garcia moved to dismiss ZCV #0701165 against Bernardo Guerrero due to the property being in compliance. The motion was seconded by Commissioner Radmacher, and it carried unanimously. Hearing Certification, Zoning Violations November 13, 2007 2007-3455 Page 2 PL0824 ZCV#0701100 - DAVIS: 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.F of the Weld County Code. To bring the property into compliance, the mobile home must be re-justified as an Accessory to the Farm, or removed. Ms. Salzman stated as of today, there is still no documentation received to justify the mobile home as an Accessory due to Medical Hardship. Mindee Duerksen, property owner, stated she has had several medical problems this last year,and has not been able to get the letter from the doctor, also her father has been ill, and is still needing her assistance. Ms. Duerksen stated she will have the doctor's note within two (2) weeks. Commissioner Garcia moved to refer ZCV#0701100 against Arthur Davis to the County Attorney for legal action, with the instruction to delay action upon such referral until November 27, 2007, to allow adequate time for the property owner to obtain the required documentation from the doctor to re-justify the mobile home as a Medical Hardship. The motion was seconded by Commissioner Rademacher, and it carried unanimously. ZCV#0701101 - GARCIA: 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 they must be removed from the County right-of-way where Koch Street ends. Ms. Salzman is requesting this case be continued until December 12, 2007, to allow staff adequate time to notify the property owner of the violation hearing date. Commissioner Garcia moved to continue ZCV #0701101 against Rose Garcia until December 11, 2007, to allow adequate time for the property owner to be notified of the violation hearing date. The motion was seconded by Commissioner Rademacher, and it carried unanimously. ZCV#0701064-CORDOVA: 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 commercial vehicles must be removed. Ms. Salzman stated there has been substantial progress and is requesting thirty (30) days for the property owners to complete the fencing surrounding the noncommercial junkyard. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Rademacher moved to refer ZCV#0701064 against John and Vivian Cordova to the County Attorney for legal action, with the instruction to delay action upon such referral until December 13, 2007, to allow adequate time for the property owners to complete the screening of the noncommercial junkyard from all adjacent properties and public rights-of-way. The motion was seconded by Commissioner Garcia, and it carried unanimously. ZCV#0701088- GREER: 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 Hearing Certification, Zoning Violations November 13, 2007 2007-3455 Page 3 PL0824 restored, removed or screened from all adjacent properties and public rights-of-way. Ms. Salzman is requesting this case be referred to the County Attorney for immediate legal action due to no contact from the owners and no progress being made to bring the property into compliance. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Rademacher moved to refer ZCV#0701088 against Larry and Barbara Greer to the County Attorney for immediate legal action. The motion was seconded by Commissioner Garcia, and it carried unanimously. ZCV#0701090 - THOMPSON: Ms. Siron 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 from the site. There are no provisions to allow livestock in a Residentially Zoned District(R-5). Gary Thompson, property owner, stated the miniature horse is only 32 inches high, and he considers it a family pet, not livestock. Responding to Commissioner Rademacher, Ms. Siron stated this case was brought to the Planning Department through a citizen complaint. Commissioner Rademacher stated the term "horse" is why this case is considered livestock, whether miniature or full size, and the Board can not allow this use without causing other cases to be considered. Mr. Thompson stated he leased land behind his property, which is zoned Agricultural, and will be placing the horse there. Commissioner Garcia moved to refer ZCV #0701090 against Gary Thompson to the County Attorney for legal action, with the instruction to delay action upon such referral until December 13, 2007, to allow adequate time for the property owners to remove the horse from the site. The motion was seconded by Commissioner Rademacher, and it carried unanimously. ZCV#0701120 - SJOBERG: 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 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. Siron stated Robert Sjoberg explained to her that he had just bought the property and has not had enough time to complete the clean-up project. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Rademacher moved to refer ZCV#0701120 against Robert Sjoberg to the County Attorney for legal action, with the instruction to delay action upon such referral until January 13, 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#0701114- MUNOZ: 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, 23-3-20.B, 23-3-30, 23-3-30.F, 23-3-40, 23-3-40.L, 23-4-130 and 23-4-180 of the Weld County Code. To bring the property into compliance, a letter from a medical doctor must be submitted verifying the need for the mobile home to be used as a Medical Hardship(ZPMH-2338). Ms. Siron stated this is a on-going problem, in which the justification for the mobile home to be used as a Medical Hardship is late every year, Hearing Certification, Zoning Violations November 13, 2007 2007-3455 Page 4 PL0824 and an on-site inspection has opened a new violation regarding a noncommercial junkyard. Ms. Siron is requesting a delay of sixty(60) days to allow staff to address the new violation and allow the property owner to remove the mobile home or submit a Recorded Exemption application. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Garcia moved to refer ZCV#0701114 against Adolfo Munoz to the County Attorney for legal action, with the instruction to delay action upon such referral until January 13, 2008, to allow adequate time for the Department of Planning Services to address the noncommercial junkyard violation and to allow the property owner to remove the mobile home or submit a Recorded Exemption application. The motion was seconded by Commissioner Rademacher, and it carried unanimously. ZCV#0701069-GARCIA: Ms. Siron presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-100, 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 or removed. Ms. Siron stated she spoke with the property owner's daughter, who stated the vehicles would be removed; however, there has been no progress 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 Rademacher moved to refer ZCV#0701069 against Faustino and Maria Garcia to the County Attorney for immediate legal action. The motion was seconded by Commissioner Garcia, and it carried unanimously. VI#0600045-LEISE: 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 must have a final approval. Ms. Gregory stated there was a 180-day extension granted on November 15, 2006, and that has expired also. There has been no inspections since May, 2006, and staff is requesting 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 #0600045 against Duane and Louise Leise to the County Attorney for immediate legal action. The motion was seconded by Commissioner Rademacher, and it carried unanimously. BCV#0701022 - GRAFF: 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 have a final approval. Ms. Gregory stated the property owner was contacted on November 9, 2007, and told staff he does not have the funds available to complete this project, and will need time to submit a letter explaining the situation to the Department of Planning Services. Neither the property owner nor a representative was present, and there was no public testimony given. Hearing Certification, Zoning Violations November 13, 2007 2007-3455 Page 5 PL0824 Commissioner Rademacher moved to refer BCV #0701022 against Ronald Graff to the County Attorney for legal action, with the instruction to delay action upon such referral until December 13, 2007,to allow adequate time for the property owner to submit a letter stating he can not complete this project. The motion was seconded by Commissioner Garcia, and it carried unanimously. BCV#0701032 - GUERRA: 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 building permit must be submitted and all inspections completed, and have a final approval. Ms. Gregory stated there has been no contact with the owner and no inspections scheduled since June 14, 2006. Salidad Guerra, property owner's son, stated his brother has been working on the addition, and his mother has run out of funds to complete this project. Mr. Guerra stated his mother is living in the house at this time. Roger Vigil, Department of Building Inspections, stated the building permit has expired. The original structure is closed in, and the addition just has the framing up, so the dwelling is acceptable for living conditions. There could be a Stop Order issued. Mr. Vigil stated a building inspector will be sent out to confirm the structure is safe and up to Weld County code to inhabit. Commissioner Garcia moved to refer BCV#0701032 against Victor Guerra to the County Attorney for legal action, with the instruction to delay action upon such referral until December 13, 2007, to allow adequate time for the property owners to submit a Stop Order for the building permit, and for an inspection by the Department of Building Inspections to confirm the existing dwelling is safe and up to Code to inhabit. The motion was seconded by Commissioner Radmacher, and it carried unanimously. BCV#0701040 - COLLINS: 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 permit application and all applicable documentation must be submitted. Ms. Gregory stated there has been no contact with the owners and the building permit has expired. Raymond Collins, property owner, stated no one is living in the manufactured home, they are living in a camper trailer located on the site. Mr. Collins stated the plumbing in the main structure is working and has had the needed inspections, so they are using the facilities while they stay in the camper trailer. Mr. Collins stated he does not have the funds available to complete the project, he has used up the materials he had previously purchased. Ms. Gregory stated to issue a new permit would require the same fees as the original permit. Also, living in the camper trailer is a violation to Code, and will need to be addressed. Wendi Inloes, Department of Planning Services, stated Mr. Collins can request an extension on a new permit to allow time to collect the fees, and to address the camper trailer issue. Mr. Collins stated his family can move in with his parents, and he will make arrangements to stay on the property to care for the livestock. Commissioner Garcia moved to refer BCV #0701040 against Raymond and Lisa Collins to the County Attorney for legal action, with the instruction to delay action upon such referral until December 13, 2007, to allow adequate time for the property owner to work with staff on a new building permit, collection of the fees, and to move from the camper trailer located on the site. The motion was seconded by Commissioner Rademacher, and it carried unanimously. Hearing Certification, Zoning Violations November 13, 2007 2007-3455 Page 6 PL0824 BCV#0701080 -VASQUEZ: 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 permit application and all applicable documentation must be submitted for the mobile home. Ms. Gregory stated there have been no inspections completed since September 27, 2007, and a new permit will be required. Benigno Vasques, property owner, stated he will need more time to complete this project and will be ready for all inspections within three (3) weeks. Commissioner Garcia moved to refer BCV#0701080 against Benigno and Josefina Vasquez to the County Attorney for legal action, with the instruction to delay action upon such referral until December 13, 2007, to allow adequate time for the property owners to complete all the work needed to schedule the inspections. The motion was seconded by Commissioner Rademacher, and it carried unanimously. This Certification was approved on the 19th day of November, 2007. APPROVED: ATTEST: 11 4u24/ t 6 BOARD OF COUNTY COMMISSIONERS,1 WCOUNTY, COLORADO pp(-,�., ��-�,�} coo llcc�� Wel ounty Clerk to thko `fir 4 t David E. Long, Chair BY: 1 De u y Cle to the Boa EXCUSED William H/j//Jerk�e Pro-Tem CD #2007-06 C j7 William F. Garcia EXCUSED Robert D. 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