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HomeMy WebLinkAbout20062810.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION A public hearing was conducted on October 10, 2006, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tem Commissioner William H. Jerke Commissioner Robert D. Masden - EXCUSED Commissioner Glenn Vaad - EXCUSED 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 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 #0400278 -TUCKER: 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 must have all inspections completed and have a final approval. Ms. Gregory stated she contacted James Tucker and he believes he can complete the project in ninety days. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Jerke moved to refer VI #0400278 against James Tucker to the County Attorney for legal action, with the instruction to delay action upon such referral until January 10, 2007, to allow adequate time for the property owner to complete all inspections and have a final approval. The motion was seconded by Commissioner Long, and it carried unanimously. VI#0600282-PIERRO: 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 must have all inspections completed and have a final approval. Ms. Gregory stated there have been no inspections scheduled since December, 2005, and no contact from the property owner. Neither the property owner nor a representative was present, and there was no public testimony given. 2006-2810 PL0824 Commissioner Long moved to refer VI#0600282 against Richard Pierro to the County Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI#0600239-TRUNKENBOLZ/REYNOLDS: 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. Ms. Salzman stated the property owners have made substantial progress and are requesting thirty days to complete all the work needed. Roger Reynolds was present, and stated this property was a junkyard when they bought it seven years ago, and admitted he had collected a large amount of junk on top of what was there already; however, he is now cleaning up the property. Mr. Reynolds stated thirty days would be enough time to complete this project. Commissioner Long moved to refer VI #0600239 against F.A., Elsie, Jay, and Jerry Trunkenbolz, and Roger Reynolds to the County Attorney for legal action, with the instruction to delay action upon such referral until November 10, 2006, 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#0300290-MOTZ/JACOBS/SEDGWICKCONSULTING GROUP,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, 23-3-30.1 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, and the commercial vehicles and storage must be removed or a Use by Special Review application must be submitted. Ms. Salzman stated there was a Use by Special Review permit submitted on February 13, 2006, and withdrawn on June 16, 2006. Amanda Holstead, representative, stated this project is taking longer then expected, and they have already invested over nine hundred hours in the removal of the business from this site. Ms. Holstead stated they are moving the business to a property in Adams County. Sylvia Jefferson, tenant, stated the business is Evergreen Caissons and they have a large amount of equipment and supplies, and will need sixty days to complete this move. Commissioner Jerke moved to refer VI #0300290 against Everett and Anna Motz, Hatch Jacobs, c/o Jill Jacobs, and Sedgwick Consulting Group, LLC, c/o Sarah Spencer-Workman to the County Attorney for legal action, with the instruction to delay action upon such referral until December 10, 2006, to allow adequate time for the property owners to remove the remaining commercial vehicles and storage from this site. The motion was seconded by Commissioner Long, and it carried unanimously. VI #0600298 -HANES: 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 Hearing Certification, Zoning Violations October 10, 2006 2006-2810 Page 2 PL0824 there has been no progress and no contact from the property owners. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Long moved to refer VI #0600298 against Jeremiah and Lori Hanes to the County Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI #0600246 - BARTON: 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 progress and the property owner has made no contact with staff. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Jerke moved to refer VI #0600246 against Delbert Barton to the County Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it carried unanimously. VI#0600226 -DAVENPORT: 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 29-7-10 of the Weld County Code. To bring the property into compliance, the mobile home must be permitted or removed. Val Davenport property owner, and stated the mobile home will be removed once the new primary home is built. Mr. Davenport stated he has been waiting for the blueprints so he can submit a building permit, and thirty days will be enough time to complete this. Commissioner Long moved to refer VI#0600226 against Val Davenport to the County Attorney for legal action, with the instruction to delay action upon such referral until November 10, 2006, to allow adequate time for the property owner to submit a building permit. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI #0400331 -ZAVALA-CAUDILLO: 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 with the property owner since February 1, 2006, and the site has continued to get worse. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Jerke moved to refer VI #0400331 against Maria Zavala-Caudillo to the County Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it carried unanimously. VI#0600264-EARLY: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 23-3-150, 23-3-150.B and 23-3-150.C of the Weld County Code. To bring the property into compliance, the Hearing Certification, Zoning Violations October 10, 2006 2006-2810 Page 3 PL0824 noncommercial junkyard must be restored or removed, or proof of current registration must be provided on the derelict vehicles. Ms. Siron stated there has been no contact with the property owner since July, 2006, and no progress has been made to bring property into compliance. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Long moved to refer VI #0600264 against Doris Early to the County Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI #0500211 - HANSON: 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 there has been no contact with the property owner and no progress made to clear up the violations. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Jerke moved to refer VI #0500211 against Charlotte Hanson, c/o Jessica Hanson to the County Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it carried unanimously. VI #0600248 - GARCIA: Ms. Siron presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20, 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 Roger Vigil, Department of Building Inspections, spoke with Emilio Garcia and the fencing project is almost complete. Responding to Commissioner Jerke, Ms. Siron stated there is no evidence that the camper trailer is being used as a residence, and Mr. Garcia is aware that would be a violation. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Long moved to refer VI #0600248 against Emilio Garcia to the County Attorney for legal action, with the instruction to delay action upon such referral until December 10, 2006, to allow adequate time for the property owner to complete the screening of the noncommercial junkyard from all adjacent properties and public rights-of-way. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI #0600300 - ROJAS: 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 Hugo Rojas contacted her and stated he was going to relocate out of the County; however, as of today there have been no for sale signs, or any indiction of Mr. Rojas moving. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Jerke moved to refer VI #0600300 against Hugo Rojas to the County Attorney for Hearing Certification, Zoning Violations October 10, 2006 2006-2810 Page 4 PL0824 immediate legal action. The motion was seconded by Commissioner Long, and it carried unanimously. VI#0600001 -ROHR: 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.A, 23-3-30 and 23-3-30.K of the Weld County Code. To bring the property into compliance,the derelict mobile home must be demolished and remaining debris must be removed. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Long moved to refer VI #0600001 against Robert Rohr 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 16th day of October, 2006. APPROVED: A m V ATTEST: Amu Ail AQ BOARD OF CSUNTY COMMISSIONERS it ELD CO , COLORADO Wel ounty Clerk to the dart( �1 i►`����� f. . eile, Chair BY: � � C 7, j�� I De ty Cler o the Boars+ �' �es David E. Long, Pro-Tem TAPE #2006-04 ��� J William H. Jerke EXCUSED Robert D. 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