HomeMy WebLinkAbout20070970.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on April 10, 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:
VI#0600211 -FAWCETT: 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 23-1-90
of the Weld County Code. To bring the property into compliance, a demolition permit must be
submitted and the manufactured structure being used as a detached garage must be demolished.
Ms. Gregory stated this case was continued from February 13, 2007, to allow adequate time for
the property owner to locate and submit the permit for the two mobile homes that are being used
as a detached garage. Ms. Gregory stated Ken Fawcett contacted staff on April 9, 2007, and he
stated he was not able to locate the documents needed, the only documentation he has is the
Transport Permit. Mr. Fawcett also stated that the items in storage belonged to a friend who is out
of the County at this time. 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 VI #0600211 against Ken Fawcett to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
VI #0600285 - BOAL: 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
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to repair the roof on the existing loafing shed. Ms. Gregory stated Betty Boal contacted her on
April 9, 2007, and stated she would not be able to attend today's hearing; however,she has agreed
to submit a new building permit application to repair the roof. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Garcia moved to refer VI #0600285 against Neal and Betty Boal to the County
Attorney for legal action, with the instruction to delay action upon such referral until May 10, 2007,
to allow adequate time for the property owners to submit a new building permit application to repair
the roof on the existing loafing shed. The motion was seconded by Commissioner Masden, and
it carried unanimously.
VI #0700025 -VEGA: Ms. Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 29-3-310 and 29-8-40 of the Weld County Code.
To bring the property into compliance, the permit to replace the roof and an interior remodel on the
existing home must have all inspections completed and a final approval. Ms. Gregory stated the
inspection was scheduled; however, never completed and the Temporary Certificate of Occupancy
has expired. 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 Masden moved to refer VI #0700025 against Santos and Luz Yadira Vega to the
County Attorney for immediate legal action. The motion was seconded by Commissioner
Rademacher, and it carried unanimously.
VI#0700037-RIVER VALLEY VILLAGE MOBILE HOME PARK/HOLMWOOD/COTTONWOOD
CONSTRUCTION,INC.: Ms. Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 29-7-10 and 29-7-80 of the Weld County Code.
To bring the property into compliance, the permit fee for a mobile home must be paid, all
inspections completed, and a Certificate of Occupancy issued. Ms. Gregory stated the check for
the permit fee was not approved, and staff contacted the property owner to bring in cash or a
money order. There has been no contact from the property owner since that time, and staff is
requesting this case be referred to the County Attorney for immediate action. Neither the property
owners nor a representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer VI#0700037 against River Valley Village Mobile Home
Park, Greg Holmwood, and Cottonwood Construction, Inc., to the County Attorney for immediate
legal action. The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0600549 - QUINONES/C/O MARDESEN: 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 and 23-3-40.O of the Weld County Code. To
bring the property into compliance, a Use by Special Review application must be submitted, or all
vehicles not owned by the residents must be removed, and all derelict vehicles must be restored,
removed or screened from all adjacent properties and public rights-of-way. Ms. Siron is requesting
this case be referred to the County Attorneys for immediate action. Neither the property owners
nor a representative was present, and there was no public testimony given.
Hearing Certification, Zoning Violations
April 10, 2007 2007-0970
Page 2 PL0824
Commissioner Masden moved to refer VI #0600549 against Jorge Quinones, do Leon Mardesen
to the County Attorney for immediate legal action. The motion was seconded by Commissioner
Jerke, and it carried unanimously.
VI#0600164-KILLGORE: 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 the
property owner is making substantial progress. Clifford Killgore, property owner, stated he had
knee surgery in December, 2006, and the inclement weather has slowed down the efforts of
cleaning up the site. Mr. Killgore is requesting four to five months to complete this project.
Responding to Commissioner Masden, Mr. Killgore stated the tires are used to hold plastic over
the trailer and cabinets, also there are automotive parts and a corn burner that are covered with
plastic and tires, and there may be approximately thirty tires on site. Commissioner Masden noted
to Mr. Killgore that the County does an "old tire" program that he could take the tires to when he
is done with the project.
Commissioner Masden moved to refer VI#0600164 against Clifford Killgore to the County Attorney
for legal action, with the instruction to delay action upon such referral until August 10, 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 #0600548 - NEIDIG: 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 and 23-4-130 of the
Weld County Code. To bring the property into compliance, a Use by Special Review application
for a radio station must be submitted, or a Zoning Permit application for an Accessory Structure
must be submitted. Alberto Loya, representative, contacted Bruce Barker, County Attorney, and
stated Andrea Neidig intends to submit an application for a Use by Special Review permit and is
requesting two weeks to complete. Neither the property owner nor a representative was present,
and there was no public testimony given.
Commissioner Garcia moved to continue VI #0600548 against Andrea Neidig until May 8, 2007,
to allow adequate time for the property owner to submit a Use by Special Review application. The
motion was seconded by Commissioner Rademacher, and it carried unanimously.
VI #0600302 - RAMIREZ/DBA RAMIREZ OIL FIELD, LLC/MILLER/DBA GOLDEN WEST
HOLDING CORP: 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 23-3-230,
23-3-230.B, 23-3-230.6.13, 23-3-230.C and 23-3-230.E of the Weld County Code. To bring the
property into compliance, the Site Plan Review must be completed and a plat recorded or all
commercial equipment and operations must be removed from the property. Ms. Salzman stated
Carroll Miller, consultant, is out of town; however, after speaking with Kim Ogle, Department of
Planning Services, all that is needed is the Plat Map be signed and recorded, and is requesting this
case be continued to May 8, 2007. Neither the property owners nor a representative was present,
and there was no public testimony given.
Hearing Certification, Zoning Violations
April 10, 2007 2007-0970
Page 3 PL0824
Commissioner Jerke moved to continue VI #0600302 against Ramon and Irma Ramirez, dba
Ramirez Oil Field, LLC, and Carroll Miller,dba Golden West Holding Corporation until May 8,2007,
to allow adequate time for the property owners to sign and record the Plat Map to complete the Site
Plan Review application. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI #0600479 - MARTINEZ: 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 Ruth Martinez met with her on the site on April 9, 2007, and discussed the remaining items
needed to bring the property into compliance. Ms. Martinez did request more time due to health
reasons, and is continuing to work on the fencing to screen the property. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Garcia moved to refer VI #0600479 against Ruth Martinez 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, 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#0600482 - BAEZA: 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
there has been no contact from the property owners and is requesting this case be referred to the
County Attorney for immediate action. Neither the property owners nor a representative was
present, and there was no public testimony given.
Commissioner Rademacher moved to refer VI#0600482 against Victor and Josefina Baeza to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Garcia,
and it carried unanimously.
VI #0600481 - HAUGEN/COLLISION CRAFT, 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,
23-3-40, 23-3-40.0 and 23-3-40.R of the Weld County Code. To bring the property into
compliance, the commercial business must be permitted or removed. Ms. Salzman stated Kris
Haugen contacted Jacqueline Hatch, Department of Planning Services, and the Use by Special
Review application is complete; however, the Notice of Inquiry submitted to the City of Firestone
has not been completed by that agency. Mr. Haugen has been trying to get this since
January, 2007, and will continue efforts to complete this portion of the application. Ms. Salzman
is requesting this case be continued to May 8, 2007, due to the delay being on the part of the City
of Firestone. Neither the property owners nor a representative was present, and there was no
public testimony given.
Hearing Certification, Zoning Violations
April 10, 2007 2007-0970
Page 4 PL0824
Commissioner Rademacher moved to continue VI#0600481 against Brent Haugen, dba Collision
Craft, Inc., until May 8, 2007 to allow adequate time for the property owners to submit a Use by
Special Review application. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0600523 -SANCHEZ: 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, 23-3-30.1,
23-3-30.M, 23-3-40 and 23-4-40.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, the commercial vehicles, equipment and operations must be
permitted or removed,and the mobile home/office must be removed. Mercedes Sanchez, property
owner's wife, stated they are working to bring the property into compliance, and ninety days will be
enough time to complete this project.
Commissioner Garcia moved to refer VI#0600523 against Santos Sanchez 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, remove or screen the noncommercial junkyard
from all adjacent properties and public rights-of-way, to remove the commercial vehicles,
equipment and operations, and to remove the mobile home/office from the site. The motion was
seconded by Commissioner Rademacher, and it carried unanimously.
VI#0600524-MARTINEZ TRUST/ESCARCEGA: 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. Vicente Martinez,property owner, and Ramiro Escarcega, tenant,were present and
Mr. Martinez stated Mr. Escarcega will be in charge of cleaning up the site. Mr. Escarcega stated
that due to inclement weather, he will be needing more time to complete this project and is
requesting ninety days. (Tape 2007-03.)
Commissioner Radmacher moved to refer VI#0600524 against Vicente Martinez Trust, and Ramiro
Escarcega 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 tenant 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 #0600443 - BONILLA: 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.D, 23-3-40 and
23-3-40.R of the Weld County Code. To bring the property into compliance, the commercial
trucking operation must be permitted or removed. Ms. Salzman stated Reynaldo Bonilla met with
Michelle Martin, Department of Planning Services, on March 27, 2007, and discussed a Use by
Special Review application, and Mr. Bonilla will be submitting this. Mr. Bonilla, property owner,
stated the real estate agent told him when the property was purchased, he could have one truck
per acre, so he was unaware that he needed a permit. Mr. Bonilla stated he is willing to submit the
appropriate permits needed to bring the property into compliance and he has the application
Hearing Certification, Zoning Violations
April 10, 2007 2007-0970
Page 5 PL0824
complete and ready to submit. Commissioner Jerke noted to Mr. Bonilla that the Use by Special
Review application may not be approved once it is submitted and Mr. Bonilla stated he does
understand this may happen.
Commissioner Jerke moved to refer VI #0600443 against Reynaldo and Mayra Bonilla to the
County Attorney for legal action, with the instruction to delay action upon such referral until
June 10, 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 #0600031 - BRIENZA/EMPIRE PLUMBING, INC.: Ms. Salzman presented the case report for
the record and pursuant to the case file, this property is in violation of Sections 23-2-160.W,
23-3-230,23-3-230.B,23-3-230.C,23-3-230.D and 23-3-230.E of the Weld County Code. To bring
the property into compliance, the Site Plan Review must be completed and the plat recorded, or
all business must be removed. Larry Carroll, representative,stated there has been some confusion
during this process, originally the violation stated there was a compliant against the site; however,
in doing some research they were not able to find any complaint, only the owner's representative
calling in inquiring about the use of the C-3 Zoning District at that address. Mr. Carroll stated this
is when the process was started and the violation was noted. This site has been approved and the
buildings and landscape have not changed much since 1973. Previous businesses were
conducted on this property until 2004, when it was purchased by James and Donna Brienza for
Empire Plumbing. Going back and validating the original permits and approvals that are over thirty
years old has been a long process. Although storage is allowed in C-3 Zoning, the storage of
portable toilets outside was not,so they requested through the Board of Adjustments a clarification
or relief, and the owner agreed to screen these; however, this was not approved, so the process
of the Site Plan Review had to be restarted. Mr. Carroll stated this application is very close to
being complete, and will need approximately sixty more days to do this.
Commissioner Garcia moved to refer VI#0600031 against James and Donna Brienza,dba Empire
Plumbing, Inc.to the County Attorney for legal action,with the instruction to delay action upon such
referral until June 10, 2007, to allow adequate time for the property owners to complete the Site
Plan Review application and record the Plat. The motion was seconded by Commissioner
Rademacher, and it carried unanimously.
VI #0300206 -ANDERSON: Ms. Salzman presented the case report for the record and pursuant
to the case file, this property is in violation of Sections 23-3-230, 23-3-230.B, 23-3-230.C
23-3-230.D, 23-3-230.E and 23-7-30 of the Weld County Code. To bring the property into
compliance, the Amended Site Plan Review must be completed and the plat recorded, or the
commercial business must be remo ved from the property. Responding to Commissioner
Rademacher, Ms. Salzman stated this case has been ongoing for four years, and the property
owners had originally applied for a nonconforming use; however, it did not meet the nonconforming
use status for two months, and they missed the dateline, then the Town of Windsor was going to
annex this property into their area, which they decided not to do. So this is not a delay from the
property owners or staff. Chuck Anderson, property owner, submitted a summary letter, marked
Exhibit A, of the process and events involving this property. They were in the process of selling
this property to Perdon Development, and at this time are not wanting to landscape an area that
will have to be removed when the developer puts the road in. Mr. Anderson stated this would be
a costly waste, so he is waiting to see what can be done in this meeting to avoid this. The
Hearing Certification, Zoning Violations
April 10, 2007 2007-0970
Page 6 PL0824
Amended Site Plan Review is complete except for the landscaping. Mr.Anderson also stated the
developer cannot proceed with his plans until this violation is cleared up, and the Anderson cannot
spend the money for the landscaping and then have it removed, so they are at a standstill at this
point. Responding to Commissioner Jerke, Mr. Anderson stated they did get a building permit in
1981, for the commercial building and septic permit, and they are just trying to get the property
sold. Mr. Anderson stated they are cleaning up the property and doing some landscaping;
however, they do not have a lot of water, and until this violation is cleared up, the developers will
not move ahead. Responding to Commissioner Long, Ms. Salzman stated the property owners
have completed the Amended Site Plan Review process, so the only remaining item is the
landscape plan,which if the Board choose to waive at this time, the plat could be recorded and the
violation closed. Stan Moores, Perdon Development representative, stated the main road was
originally planned to run on the north side of the property,which would have left the Anderson's lot
intact; however, Windsor had objections due to traffic safety reasons, and they had to get a
variance from the State Highway Department, which was not granted. Therefore, the road was
moved to the south which will be going straight through the area where the Anderson's will have
to put their landscaping. This area will be completely re-landscaped when the development is
brought in,so the Anderson's landscaping would be torn out and new landscaping would be applied
within a two year time frame. The State Highway Department has just granted an access permit
for the road to the south, so County Staff was not aware that this had been done due to the
Developer not making an official submittal,which will be done in June or July,2007, and the access
will be a full county road right-of-way. Responding to Commissioner Masden, Mr. Moores stated
the property is Zoned Industrial, so that will be the type of development going in. They have been
working with the Town of Windsor on the traffic safety issues and that is what determined the
access road being moved to the south. Ms. Salzman stated the process for that development plan
will take approximately two years to complete, and this case is before the Board today for a short
term solution so the violation can be cleared and the developer and property owner can move
forward.
Commissioner Jerke moved to waive the landscaping plan in the Amended Site Plan Review
AmSPR-282, so it can be signed and the plat recorded today,which will close VI#0300206 against
Robert Anderson. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
Hearing Certification, Zoning Violations
April 10, 2007 2007-0970
Page 7 PL0824
This Certification was approved on the 16 day of April, 2007.
APPROVED:
ATTEST: Ate ,,{�A/ I/ k / G OARD OF COUNTY COMMISSIONERS
"77 D OUNTYO ORADO
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Weld ' .unty Clerkto the :j are ' '-;; ;
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TAPE #2007-02 AND 03l)
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Robert D. Masden n
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Douglas Rademac
Hearing Certification, Zoning Violations
April 10, 2007 2007-0970
Page 8 PL0824
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