HomeMy WebLinkAbout20073671.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on December 11, 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, 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 #0701101 - GARCIA: 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 this property into compliance,
the noncommercial junkyard must be restored, removed or screened from all adjacent properties
and public rights-of-way, also parking or screening will not be permissible on the County
Right-of-Way where Koch Street ends and just south of Rose Garcia's property. Ms. Salzman
stated this case was continued from November 13, 2007, to allow adequate time for the property
owner to be notified of the violation hearing date. Ms. Salzman hand delivered the notice for the
hearing date on December 7, 2007, and stated Rose Garcia is requesting thirty (30) days to
remove or license the remaining vehicles. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV #0701101 against Rose Garcia to the County
Attorney for legal action, with the instruction to delay action upon such referral until
January 11,2008,to allow adequate time for the property owner to remove or license the remaining
vehicles to bring said property into compliance. The motion was seconded by Commissioner
Garcia, and it carried unanimously.
ZCV#0701132-FIRST CHOICE RENTALS, INC.: 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, all derelict vehicles
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must be removed from this site. Ms. Salzman stated she hand delivered the notice of the violation
hearing date on December 7, 2007, and there has been no progress in cleaning up this site.
Screening is not an option in this case, and the violation is continuing to worsen. Numerous
complaints have been received,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#0701132 against First Choice Rentals, Inc. to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Garcia,
and it carried unanimously.
ZCV#0701023- NICKOL: 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 derelict vehicles must be restored,
removed or screened from all adjacent properties and public rights-of-way. Ms. Salzman stated
John Nickol has made substantial progress and is requesting thirty(30)days to allow time to notify
a friend to come and remove the camper that is being stored there, and to complete the screening
and move the remaining items behind it. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Garcia moved to refer ZCV # 0701023 against John Raymond Nickol Sr. to the
County Attorney for legal action, with the instruction to delay action upon such referral until
January 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 Rademacher, and it carried unanimously.
ZCV#0701049- J A R HOLDINGS, 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 notification from the
Town of Firestone indicating they submitted an annexation application, or evidence from the Town
of Firestone withdrawing their request for annexation; thence a Use by Special Review application
must be submitted, or the business must be removed from the site. Ms. Salzman stated a Use by
Special Review application has been submitted, and there are a few items needed to complete this
application. Dan Rodarmel, representative, stated he has some minor adjustments to be made,
and he will re-submit the application in one week.
Commissioner Masden moved to continue ZCV #0701049 against J A R Holdings, LLC, until
January 8, 2008, to allow adequate time for the property owner to submit a completed Use by
Special Review application. The motion was seconded by Commissioner Rademacher, and it
carried unanimously.
ZCV#0701079 - STALCUP: 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.O 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 business must be removed from the property. Ms.
Salzman stated Richard Stalcup contacted staff and stated he will be submitting the map that is
Hearing Certification, Zoning Violations
December 11, 2007 2007-3671
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needed to complete the Use by Special Review application. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Masden moved to continue ZCV#0701079 against Richard and Cynthia Stalcup
until January 8, 2008, to allow adequate time for the property owner to submit a completed Use by
Special Review application. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
ZCV#0701098 - DIEHL: 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 23-3-140 and
23-3-140.E of the Weld County Code. To bring the property into compliance, the four-plex must
be converted back into a duplex. Ms. Siron stated case number ZCV#0701099 can be heard with
this case due to the same property owner and same code violations regarding the four-plexes. Ms.
Siron stated the property owner contacted staff and the tenants will be moving out, and they will
comply with the work needed to convert the structures back into the duplex units. Responding to
Commissioner Jerke, Ms. Siron stated there have been complaints received due to the number of
cars parked around the site. Neither the property owner nor a representative was present, and
there was no public testimony given.
Commissioner Jerke moved to refer ZCV#0701098 against Karen Diehl to the County Attorney for
legal action,with the instruction to delay action upon such referral until February 11, 2008, to allow
adequate time for the tenants to move out, and the property owner to convert the units back into
duplexes. The motion was seconded by Commissioner Garcia, and it carried unanimously.
ZCV#0701099 - DIEHL: Ms. Siron presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 23-3-140 and 23-3-140.E of the Weld County
Code. To bring the property into compliance, the four-plex must be converted back into a duplex.
This case was heard by the Board of County Commissioners with the previous violation case due
to the same owner and same code violations. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Masden moved to refer ZCV#0701099 against Karen Diehl to the County Attorney
for legal action, with the instruction to delay action upon such referral until February 11, 2008, to
allow adequate time for the tenants to move out, and the property owner to convert the units back
into duplexes. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
ZCV #0701105 - PINO: 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
Lazarus Pino is requesting this case be continued to January 8, 2008, and due to the inclement
weather conditions he is not able to attend this hearing. Neither the property owner nor a
representative was present, and there was no public testimony given.
Hearing Certification, Zoning Violations
December 11, 2007 2007-3671
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Commissioner Radmacher moved to continue ZCV #0701105 against Lazarus Pino until
January 8, 2008, to allow adequate time for the property owner to be able to attended the hearing.
The motion was seconded by Commissioner Masden, and it carried unanimously.
ZCV #0701106 - PINO: 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 Larry
Pino is requesting this case be continued to January 8, 2008, and due to the inclement weather
conditions he is not able to attend this hearing. Neither the property owner nor a representative
was present, and there was no public testimony given.
Commissioner Garcia moved to continue ZCV#0701106 against Larry Pino until January 8, 2008,
to allow adequate time for the property owner to be able to attend the violation hearing. The motion
was seconded by Commissioner Rademacher, and it carried unanimously.
This Certification was approved on the 17th day of December, 2007.
APPROVED:
ATTEST: pound) ' ?;��j' s BARD OF COUNTY COMMISSIONERS
D CO NTY, COLORADO
161Wel. � ounty Clerk to the B. � ��� �� �
r r
id E. Long, Chair
BY: V ?i?:, �blt 9
De��ty Cle to the Board };' k"
Willia H er e, Pro-Tem
CD #2007-07 (VI)
William F. Garcia
Robert D. Masd n
Douglas R emacher
Hearing Certification, Zoning Violations
December 11, 2007 2007-3671
Page 4 PL0824
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