HomeMy WebLinkAbout20071301.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on May 8, 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, Elizabeth Strong
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:
VI#0600548 - NEIDIG : 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,and 23-4-130 of the Weld County Code. To bring the property into compliance,
a Use by Special Review Permit application for a radio station, or a Zoning Permit application for
an Accessory Structure, must be submitted to the Department of Planning Services. She stated
certified mail was received signed on March 9, 2007, and the last correspondence she is aware of
occurred on May 7, 2007, between Alberta Loya, representative, and Bruce Barker, County
Attorney. Mr. Loya reportedly told Mr. Barker he was two weeks out from submitting the
application; therefore, staff recommends referral to the County Attorney, with a thirty (30) day
delay, to allow Mr. Loya time to complete the application. Neither the property owner a
representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI#0600548 against Andrea Neidig to the County Attorney
for legal action, with the instruction to delay action upon such referral until June 8, 2007, to allow
adequate time for the application to be submitted . The motion was seconded by Commissioner
Jerke , and it carried unanimously.
VI#0600115NI#0600116 - DIENGDOH : 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 29-7-10 of the Weld County Code. To bring the property into compliance,the permit for
the mobile home on Lot 1 must be issued, all fees paid, and all of the inspections completed. A
2007-1301
PL0824
permit application and all applicable documentation must be submitted for the mobile home on
Lot 2. Ms. Gregory stated the permit for Lot 1 has been applied for; however, it has not been
picked up, nor the fee paid. She further stated the permit application for Lot 2 has yet to be
submitted. Abstar Diengoh, property owner, stated the mobile homes have been on the property
for years, and when he became aware the mobile homes were in violation and needed to be
moved, he began the process of doing so. Mr. Diengdoh explained he is working on a fencing
project to contain recently acquired livestock;therefore,he is requesting additional time to complete
the application for the mobile homes.
Commissioner Rademacher moved to refer VI#0600115/0600116 against Abstar Diengdoh to the
County Attorney for legal action, with the instruction to delay action upon such referral until
June 22, 2007, to allow adequate time for the property owner to complete the applications for the
mobile homes and to pay all of the fees. The motion was seconded by Commissioner Garcia, and
it carried unanimously.
VI#0700061 -MARK/CAMPING WORLD : 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 shall be completed and a certificate
of occupancy issued. Ms.Gregory explained Russell Mark, property owner,was out of the Country
and was unaware the contractor has failed to complete the necessary steps. She stated staff
recommends referring this case to the County Attorney,with a delay of sixty(60)days. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI#0700061 against Russell Mark to the County Attorney
for legal action, with the instruction to delay action upon such referral until July 8, 2007, to allow
adequate time for the inspections to be completed and a certificate of occupancy to be issued .
The motion was seconded by Commissioner Rademacher , and it carried unanimously.
VI #0600535 - REALTY INCOME CORPORATION/CAMPING WORLD : 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 Article II, Division 3, Chapter 23, Sections 23-2-150,
23-2-150, 23-2-150.C, and 23-2-150.L of the Weld County Code. To bring the property into
compliance, an Amended Site Plan Review is necessary in order to conduct the types of activities
which are occurring on the site. Neither the property owners nor a representative was present, and
there was no public testimony given.
Commissioner Garcia moved to refer VI#0600535 against Realty Income Corporation/Camping
World to the County Attorney for immediate legal action, The motion was seconded by
Commissioner Masden, and it carried unanimously.
VI #0600541 - MCKENNA : 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 23-3-0.1 of the Weld
County Code. To bring the property into compliance, the derelict vehicles must be restored,
removed, or screened from all adjacent properties and public rights-of-way. Ms. Salzman stated
Mathew McKenna, property owner, is requesting sixty(60)days to restore or remove the remaining
derelict vehicles on the property. Neither the property owner nor a representative was present,and
Hearing Certification, Zoning Violations
May 8, 2007 2007-1301
Page 2 PL0824
there was no public testimony given.
Commissioner Rademacher moved to refer VI #0600541 against Mathew and Christopher
McKenna to the County Attorney for legal action, with the instruction to delay action upon such
referral until July 10, 2007, to allow adequate time for the property owner to restore or remove the
remaining derelict vehicles to bring said property into compliance. The motion was seconded by
Commissioner Masden , and it carried unanimously.
VI#0600383-BODA : 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, and 23-3-30.1 of the
Weld County Code. To bring the property into compliance, the noncommercial junkyard must be
removed, restored, or completely screened from all adjacent properties and public rights-of-ways,
the commercial vehicles must be removed from the property, and the mobile home building permit
application must be completed, or the mobile home must be removed. Ms. Salzman stated the
permit for the septic tank was submitted on May 7, 2007; therefore, she recommends continuing
this case to the next 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 #0600383 against Sherrilyn and Arlo Boda to
June12, 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, and to submit the
Building Permit application for the mobile home. The motion was seconded by Commissioner
Jerke, and it carried unanimously.
VI #0700019- HARDY : 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, 23-3-30.M, 23-3-40,
23-3-40.O, and 23-3-40.U of the Weld County Code. To bring the property into compliance, a Use
by Special Review Permit application must be submitted, the number of semi-trucks must be
reduced to one, and a Zoning Permit for a Commercial Vehicle must be submitted, or all semi-
trucks must be removed from the property. Ms. Siron recommended continuing this matter to the
June violation hearing date, in order for Ms. Hardy to evaluate her options with staff. Mary Hardy,
property owner, stated when she purchased the property, she was told there were no covenants,
and she was unaware of the Weld County Code violations until January of 2007. She stated there
is piping stored on the property which will be used to construct a fence. Don Foster, associate of
Ms. Hardy, stated there is no scrap iron on the property and all of the equipment has been
removed; however, there are trucks parked on the premises at night which are used to move oil
field equipment during the day. Ms. Hardy stated the trucks are parked neatly in a line between
her home and a workshop structure, and she presented the Board with a map, pictures, and a letter
of support, marked Exhibits A, B, and C. She stated the option of reducing the number of trucks
to one was presented on April 26,2007 by Roger Vigil, Department of Planning Services; however,
it is not a feasible resolution. A second option presented by Mr. Vigil is filing for a Use by Special
Review Permit, and Ms. Hardy would have to build a structure to house all of the trucks; however,
the structure would put the property over its four percent usage limit. Mr. Foster stated he
investigated housing the trucks at a yard in town; however, it is too costly for their small business.
Commissioner Long stated it is a problem when realtors do not disclose the County Codes when
relaying there are no covenants in an area. Ms. Hardy stated she has spoken to all of the
surrounding property owners and none of them expressed they had a problem with the
Hearing Certification, Zoning Violations
May 8, 2007 2007-1301
Page 3 PL0824
arrangement on her property. In response to Commissioner Jerke, Ms. Siron stated Barnesville
is considered a subdivision, and one truck is allowed by right, without a permit. She reiterated to
bring the property into compliance, the additional trucks must obtain a Use by Special Review
Permit. Mr. Foster stated there is a total of four trucks on the property. In response to
Commissioner Rademacher, Ms. Siron stated the junkyard violation has been resolved. In
response to Commissioner Jerke, Ms. Siron stated staff recommends continuing the matter to
discuss the options available to resolve the violations with the property owner.
Commissioner Masden moved to continue VI #0700019 against Mary Hardy to July 10, 2007, to
allow adequate time for the property owner to meet with staff to address the options available to
bring said property into compliance. The motion was seconded by Commissioner Jerke , and it
carried unanimously.
VI #0700039 - LURBE : 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 consisting of
several derelict vehicles,automobile parts, branches,trash,lawn mowers,and other miscellaneous
debris shall be removed, restored, or screened from all adjacent properties and public
rights-of-way. Ms. Siron stated she has spoken to Newton Lurbe, property owner, regarding
restoring some of the vehicles. In response to Commissioner Jerke, Ms. Siron stated the camper
has been removed from the property. Mr. Lurbe stated he has an appointment scheduled with
Ms. Siron the following week to discuss the options available, and he believes he can complete the
required work within ninety (90) days.
Commissioner Garcia moved to refer VI #0700039 against Newton and Deeann Lurbe to the
County Attorney for legal action, with the instruction to delay action upon such referral until
August 14, 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 Rademacher , and it carried unanimously.
VI#0600492-MAGNUSON : 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.M of the Weld
County Code. To bring the property into compliance,the commercial vehicles and equipment must
be permitted through a Use by Special Review Permit or removed from the property. Ms. Siron
stated staff recommends referral to the County Attorney,with a delay of action for ninety(90)days
in order to allow the tenant a chance to resolve the violations, and for the owner to evict the tenant
if necessary. Helen Magnuson, property owner, stated the tenant, Randy Rowe, was instructed
he needed to obtain the permit or move. Larry Magnuson, property owner, stated he does not
understand why a permit is required for this. Mr. Magnuson stated Mr. Rowe is a friend of his and
the equipment is agricultural, and if moved the equipment will simply be replaced by other
equipment. He further stated he is unaware of the cause of the complaint, and suspects someone
may be angry with him or Mr. Rowe. Commissioner Long stated that being angry may motivate
people to report a violation; however, the property is in violation of the County Code. In response
to Commissioner Long, Ms. Siron stated the property is zoned agricultural, and there are
commercial bricks being stored on the property. Ms. Magnuson explained Mr. Rowe is a mason.
Ms. Siron stated the storage of non-agricultural equipment is a violation. Commissioner Jerke
stated these rules are in place to protect property rights. Mr. Magnuson inquired why staff had time
Hearing Certification, Zoning Violations
May 8, 2007 2007-1301
Page 4 PL0824
to take photographs of his property but did not have time to speak to him. Ms.Siron explained staff
does not enter properties as a safety precaution; therefore, staff communicates with property
owners through alternative means.
Commissioner Masden moved to refer VI #0600492 against Larry and Helen Magnuson to the
County Attorney for legal action, with the instruction to delay action upon such referral until
August 8,2007,to allow adequate time for the property owners to evict the tenant if necessary,and
to remove the commercial vehicles. The motion was seconded by Commissioner Rademacher,
and it carried unanimously.
VI#0600516-ENRIQUEZ: 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 consisting of
derelict vehicles,a truck shell, appliances,tires,tarps,wood,household items, car parts, and other
miscellaneous debris must be restored, removed from the property, or screened from all adjacent
properties and public rights-of-way. Ms. Siron stated the certified letter was returned unclaimed;
therefore, staff recommends continuing the matter in order to ensure proper notification is given
to the property owner. Neither the property owner nora representative was present,and there was
no public testimony given.
Commissioner Jerke moved to continue VI # 0600516 against Leonel and Fidelis Enriquez to
June12,2007,to allow adequate time for the property owners to be notified of the violation hearing
date. The motion was seconded by Commissioner Garcia, and it carried unanimously.
VI#0500087-SCHMUNK : 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 shall be
removed, restored, or screened from all adjacent properties and public rights-of-way. Ms. Siron
stated she has met with Mr. Schmunk and his son, and some fencing has been completed and the
property owners have a detailed screening plan. Ms.Siron recommended providing additional time
for completion of the project, due to Mr. Schmunk's advanced age and the amount of work the
project requires. Neither the property owner nor a representative was present, and there was no
public testimony given.
Commissioner Rademacher moved to refer VI#0500087 against Ronald and Mary Ann Schmunk
to the County Attorney for legal action, with the instruction to delay action upon such referral until
September 8, 2007, to allow adequate time for the property owners to complete the screening
around the said property. The motion was seconded by Commissioner Masden, and it carried
unanimously.
Hearing Certification, Zoning Violations
May 8, 2007 2007-1301
Page 5 PL0824
This Certification was approved on the 14th day of May, 2007.
APPROVED:
ATTEST: 4,...4, BOARD OF COUNTY COMMISSIONERS
" � ` D COUNTY, COLORADO
Weld County Clerk to the :'d+ - )0 - 1 _ .�
�. 'S( r$;vid E. Long, Chair
BY:
Deputy Clerk to the Boa t► (Jtr (.F,N Ak ir-/,_~--,= William H. Jerke, Pro-Tem
iJ
TAPE#2007403]
F. Gaa V�v� & \v --
obert D. Masden
Douglas ademacher
Hearing Certification, Zoning Violations
May 8, 2007 2007-1301
Page 6 PL0824
Hello