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Home My WebLink About20061007.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION A public hearing was conducted on April 11, 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 Commissioner Glenn Vaad - EXCUSED Also present: Acting Clerk to the Board, Sharon Kahl County Attorney, Bruce Barker Planning Department representative, Bethany Salzman Planning Department representative, Peggy Gregory Planning Department representative, Ann Siron Inspections Department representative - Roger Vigil Planning Department representative, Kim Ogle 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 #0400364 - MARTINI: 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 permits must have the final approvals. Ms. Gregory stated the violation was continued from March 14, 2006,to allow adequate time for the property owners to complete all the work needed and to schedule all the inspections and have a final approval. Ms. Gregory stated David Martini scheduled an inspection on April 10, 2006, and all corrections were noted and will be completed before the next inspection. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Masden moved to refer VI #0400364 against David and Lori Martini to the County Attorney for legal action,with the instruction to delay action upon such referral until June 11, 2006, to allow adequate time for the property owners to make corrections, schedule remaining inspections and have a final approval. The motion was seconded by Commissioner Long, and it carried unanimously. VI #0500417 - GRABRIAN: 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 2006-1007 PL0824 {�✓ ��f�I .ph Sections 23-3-20, 23-3-30, 23-3-30.F, 23-4-140, 23-4-170 and 23-4-170.D of the Weld County Code. To bring the property into compliance, the permits for the Accessory to the Farm must be re-justified annually. Ms.Salzman stated the violation was continued from March 14, 2006,to allow the property owner adequate time to complete the forms needed to justify the Accessory to the Farm permits. Ronald Grabrian, property owner, stated he has one to two employees at this time, and he has removed the milking cows so he is unable to justify the mobile homes as Accessories to the Farm. Mr. Grabrian stated two of the mobile homes should be grandfathered in and he feels they should not be re-justified annually. Responding to Commissioner Geile, Mr. Grabrian stated he has sold the dairy cows; however, he still has young stock, and he needs one person full time to help with the farming and calves. This person is not paying rent, and he does not rent out the mobile homes, they are for the hired help. Responding to Commissioner Jerke, Mr. Grabrian stated he farms approximately 400 acres of irrigated land, with no sprinklers, and he still has 140 plus head of cattle. Mr. Grabrian stated two of the three mobile homes are occupied. Responding to Commissioner Masden, Mr. Grabrian stated he is planning on leasing out the dairy production part of the farm, and will need an additional sixty days to get this in order. Ms. Salzman stated there is a mobile home on the property in Keenesburg that Mr. Grabrian would have to justify as an Accessory to the Farm also. Mr. Grabrian stated this is only used in the summer so the hired hand would not have to travel back and forth to Fort Lupton. Commissioner Jerke moved to refer VI#0500417 against Ronald Grabrian to the County Attorney for legal action, with the instruction to delay action upon such referral until June 11, 2006, to allow adequate time for the property owner to provide proper documents to justify an Accessory to the Farm or remove the mobile homes, and to decide whether to lease out the milk production part of the farm. The motion was seconded by Commissioner Masden, and it carried unanimously. VI #0400270 -WHITE: 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 spoke with Phillip White and an inspection had been scheduled for today. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Long moved to refer VI #0400270 against Phillip and Priscilla White to the County Attorney for legal action, with the instruction to delay action upon such referral until May 11, 2006, to allow adequate time for the property owners to complete all inspections and have a final approval. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI #0400283 - LAGUNAS: Ms. Gregory presented the case report for the record and pursuant to the case file, this property is in violation of Section 29-7-130 of the Weld County Code. To bring the property into compliance, the mobile home must have all inspections completed and a Certificate of Occupancy issued. Ms. Gregory stated there were inspections scheduled for April 10,2006; however,those were cancelled. Miguel Lagunas, property owner,stated the project is almost complete, he has been waiting for the water tap for over two weeks. Mr. Lagunas stated this part of the project is now complete; however, with that delay he will need an additional two weekends to complete everything needed to schedule an inspection. Commissioner Masden moved to refer VI#0400283 against Miguel Lagunas to the County Attorney for legal action, with the instruction to delay action upon such referral until May 11, 2006, to allow Hearing Certification, Zoning Violations April 11, 2006 2006-1007 Page 2 PL0824 adequate time for the property owner to complete all inspections and a Certificate of Occupancy issued. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI #0600041 - LEMAY: 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,along with required documentation, all fees paid, all inspections completed and a Certificate of Occupancy issued. Ms.Gregory stated there have been two previous permits that have expired, and staff has repeatedly tried to work with Ms. LeMay on this violation. Responding to Commissioner Jerke, Roger Vigil, Department of Planning Inspections, stated attaching two mobile homes can be done without much effort; however, this permit has issues with not completing the work needed to schedule inspections. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Jerke moved to refer VI #0600041 against Victoria LeMay to the County Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it carried unanimously. VI#0600057 -VELASQUEZ: 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 mobile home must be removed from the property, and the derelict vehicles not belonging to the property owner or current occupant must be removed. Ms. Salzman stated the property owners were left with the derelict vehicles when the tenants moved out, and are working to remove the mobile home and clean up this site. Frank and Socorro Velasquez, property owners, stated they are working on cleaning up the property; however, Mr.Velasquez has been in and out of the hospital, and the person they had asked to help never showed up. Mr. Velasquez stated he is feeling better now and will be able to continue the clean up. Commissioner Long moved to refer VI #0600057 against Frank and Socorro Velasquez to the County Attorney for legal action, with the instruction to delay action upon such referral until May 11, 2006, to allow adequate time for the property owners to demolish the mobile home and remove the derelict vehicles. The motion was seconded by Commissioner Masden, and it carried unanimously. VI#0600021 -CABELLO: 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 restored, removed, or screened from all adjacent properties and public rights-of-way, and the mobile home must be removed. Ms. Salzman stated there has been some clean up; however the screening is still needed and the derelict vehicles must be removed. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Masden moved to refer VI #0600021 against Manuel and Rosa Cabello to the County Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it carried unanimously. Hearing Certification, Zoning Violations April 11, 2006 2006-1007 Page 3 PL0824 VI #0600011 - RRRS, LLP/PEARCE: 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 and 23-3-230.E of the Weld County Code. To bring the property into compliance, all outdoor storage must be removed, and a parking plan must be submitted and approved. Ms. Salzman spoke with Ron Haitt, property owner, on April 10, 2006, and there has been a change in the business,they are also washing out barrels,so an amended Use by Special Review is needed. Kim Ogle, Department of Planning Services, stated they are working with the property owner regarding the parking space problems on this site, there are a number of business sites along with the truck washing area and there is not the allowable amount of parking spaces needed for each. Brian Pearce, general manager for RRRS, LLP, stated they are submitting a new Site Plan and will need additional time to complete. Commissioner Long moved to refer VI #0600011 against RRRS, LLP do Brian Pearce to the County Attorney for legal action, with the instruction to delay action upon such referral until May 11, 2006, to allow adequate time for the property owners to submit an amended Use by Special Review Permit or remove all the outdoor storage, and to submit a parking plan. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI #0200229 - NELSON: 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 mobile home must be removed, and the noncommercial junkyard must be restored, removed, or screened from all adjacent properties and public rights-of-way. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Masden moved to refer VI #0200229 against Zane Nelson to the County Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI#0400345-PEREZ: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 23-3-220, 23-3-220.6 and 23-3-220.C of the Weld County Code. To bring the property into compliance, the noncommercial junkyard must be removed. Ms. Siron stated this property is zoned R-1 so screening is not an opinion. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Jerke moved to refer VI #0400345 against Louis Perez to the County Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it carried unanimously. VI#0500396 -MARTINEZ: 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 she spoke with Paula Martinez and she will need more time to complete the screening around Hearing Certification, Zoning Violations April 11, 2006 2006-1007 Page 4 PL0824 the noncommercial junkyard. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Long moved to refer VI #0500396 against Paula Martinez to the County Attorney for legal action, with the instruction to delay action upon such referral until June 11, 2006, to allow adequate time for the property owner to complete the screening around the noncommercial junkyard. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI #0500166 -VIGIL: 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, 23-3-20.A, 23-3-30, 23-3-30.F, 23-3-30.1 and 29-3-10 of the Weld County Code. To bring the property into compliance the mobile home must be removed and a Building Permit must be submitted, and the noncommercial junkyard must be restored, removed, or screened from all adjacent properties and public rights-of-way. Ms. Salzman stated the certified mail receipt has not been received and she has not been able to contact the property owners to inform them of the hearing date. Ms. Salzman is requesting this case be continued to May 9, 2006. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Masden moved to continue VI #0500166 against Sam and Valerie Vigil until May 9, 2006, to allow adequate time for staff to notify the property owners of the violation hearing date. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI #0500327 - BEAMAN: 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, 23-3-40, 23-3-40.G, 23-3-40.R, 29-7-10, 29-7-30 and 29-7-30.F of the Weld County Code. To bring the property into compliance,all the mobile homes must have the appropriate building permits submitted or be removed, all vehicles not registered to the occupants or property owner must be removed, and the screening must be maintained at all times. Ms. Salzman stated the Building Permit on the mobile home has expired; however, there has been some screening and partial removal of one of the mobile homes. Cinthia and Kevin Beaman were present, and Ms. Beaman stated she has not lived on the property for six years, and was not aware of some of the problems; however, she is now taking care of of the corrections needed and will need approximately ninety days to complete everything. Ms. Beaman stated they are placing a modular home on the site and are planning to remove the existing mobile homes. Mr.Vigil stated after the hearing, he would like to discuss with the property owners what is needed to move in the modular, remove the old mobile homes, and clear up any questions or concerns with this violation. Ms. Beaman stated she is willing to work with staff and she does understand the older mobile homes must be removed after the modular home is on site. Commissioner Masden moved to refer VI#0500327 against Cinthia, Kevin, Brian and Christopher Beaman to the County Attorney for legal action, with the instruction to delay action upon such referral until July 11, 2006, to allow adequate time for the property owners to remove the mobile homes and remove all vehicles not currently registered to the occupants or owners,and to maintain the screening on the site. The motion was seconded by Commissioner Long, and it carried unanimously. Hearing Certification, Zoning Violations April 11, 2006 2006-1007 Page 5 PL0824 This Certification was approved on the 17th day of April, 2006. e �� APPROVED: ATTEST: aa �� BOARD OF COUNTY COMMISSIONERS WELD COUN , COLORADO Weld County Clerk to the B• .�_ M. J. 'le, Chair 04—er— •eputy Clerk to th , - I� Fn . t � ° David E. Long, Pro-Tern TAPE#2006-02 */ 11-1, Will' m H. Jerke Robert D. 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