HomeMy WebLinkAbout20061825.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on July 11, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair- EXCUSED
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
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Ann Siron
Planning Department representative, Wendi Inloes
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#0600080-CHAVEZ/CORONA: 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 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 the violation was continued from June 20, 2006, to
allow adequate time for staff to notify the property owners of the violations and hearing date. Ms.
Salzman stated the Weld County Sheriff's Office served Robert Chavez with the notice of the
Violation Hearing date and there has been no contact from the property owners. Neither the
property owners nor a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0600080 against Robert Chavez and Jose Corona to
the County Attorney for immediate legal action. The motion was seconded by Commissioner Jerke,
and it carried unanimously.
VI#0600131 -BINDER: 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,23-4-140, 23-4-170
and 23-4-170.A.1 of the Weld County Code. To bring the property into compliance the Zoning
Permits must be re-justified or the mobile homes must be removed from the property. Ms.Salzman
stated the violation was continued from June 20, 2006, to allow adequate time for the property
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PL0824
owner to be able to attend the hearing. Ms. Salzman stated Howard Binder had contacted staff
and is requesting more time to compete the work needed to re-justify the Accessory to the Farm
Permit. Neither the property owner nor a representative was present, and there was no public
testimony given.
Commissioner Jerke moved to refer VI #0600131 against Howard Binder to the County Attorney
for immediate legal action due to the acreage not being large enough to justify the "Accessory to
the Farm" permit. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI#0600065 -BECKLES, LLC: 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 29-3-290 of the Weld County Code. To bring the property into compliance, the permit for
the manufactured home must have all inspections completed and a Certificate of Occupancy
issued, a plot plan submitted, and the remaining balance on the permit must be paid. Ms. Gregory
stated Jack Buck had applied for building permits; however, those have expired, and there has
been no contact from the property owner to renew. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0600065 against Beckles, LLC to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0600199 -CARLSON: 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 a Certificate of
Occupancy issued. Ms.Gregory stated she spoke with the property owner's daughter, and Richard
Carlson has been ill; however, he did scheduled an inspection for July 17, 2006. Neither the
property owners nor a representative was present, and there was no public testimony given.
Commissioner Jerke moved to refer VI #0600199 against Richard and Cathee Carlson to the
County Attorney for legal action, with the instruction to delay action upon such referral until
September 11, 2006, to allow adequate time for the property owners to complete all inspections
and have a Certificate of Occupancy issued. The motion was seconded by Commissioner Masden,
and it carried unanimously.
VI #0600030- ROJAS: 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. Felix Rojas, property
owner, stated there has been a burning ban due to the drought conditions, and as soon as that is
cancelled he will continue the clean up. Commissioner Jerke stated he would like the County
Attorney to issue a letter for Mr. Rojas to obtain a Burn Permit to get the property in compliance
as soon as possible.
Hearing Certification, Zoning Violations
July 11, 2006 2006-1825
Page 2 PL0824
Commissioner Jerke moved to refer VI #0600030 against Felix Rojas to the County Attorney for
legal action, with the instruction to delay action upon such referral until September 11, 2006, 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 #0600044 - HUNT: 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, a Use by Special
Review application must be submitted, or the commercial welding operation must be removed from
the property. Ms. Salzman presented a letter from the property owner's representative Richard
Lopez, c/o Lopez Law Office, requesting this case be continued for thirty days, marked Exhibit A.
Larry Homer, surrounding property owner, stated this business moved into the area approximately
three month ago, and is requesting the business be closed down immediately due to the safety
concerns with the semi-trailers backing onto the road and the fact that this business is not legally
operating under County Codes. Nic Fabraro, surrounding property owner,also stated his concerns
with property values and allowing the business to continue without obtaining the proper permits.
Mr. Fabrasco also stated there is over-spray from the painting, and this is not a good location for
this type of business. Responding to Commissioner Long, Cyndy Giauque, Assistant County
Attorney, stated she will ask for a Temporary Injunction from the Courts to stop all business activity
until the Use by Special Review application is submitted and approved by the Board of County
Commissioners.
Commissioner Jerke moved to refer VI#0600044 against Annette Hunt to the County Attorney for
immediate legal action, and to obtain a Temporary Injunction from the Courts to stop all business
operations on the property until the Use by Special Review application is submitted and approved.
The motion was seconded by Commissioner Masden, and it carried unanimously.
VI#0600162-GARCIA: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 substantial progress and is requesting thirty days to allow the property owners to
complete all the work needed. Neither the property owner nor a representative was present, and
there was no public testimony given.
Commissioner Masden moved to refer VI #0600162 against Basil Garcia to the County Attorney
for legal action, with the instruction to delay action upon such referral until August 11, 2006, 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 Jerke, and it carried unanimously.
VI#0600119-HODGE: 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 and 29-3-10
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 mobile
Hearing Certification, Zoning Violations
July 11, 2006 2006-1825
Page 3 PL0824
home must be removed and a Building Permit must be submitted for the garage. Albert and Susan
Hodge, property owners, stated the mobile home was attached to the garage when they bought
the property seven years ago. Albert Hodge stated all the exterior structures were there when they
brought the property and they have been working on cleaning up the site to sell in the future. Mr.
Hodge stated they have made several improvements and will continue to work on the property, and
presented the Board with pictures, marked Exhibit A. Responding to Commissioner Long, Ms.
Salzman stated to correct the violation, the mobile home connected to the garage will have to be
removed and the wall replaced, or the Board of County Commissioners waive or dismiss the case.
Wendi Inoles, Department of Planning Services, stated to qualify for the Nonconforming Use, the
property owners will have to prove the additions were made before 1972. Ms. Salzman stated
records show the house on the property was built in 1979. Responding to Commissioner Long, Ms.
Hodge stated the mobile home is being used to store hay.
Commissioner Jerke moved to refer VI #0600119 against Albert and Susan Hodge back to the
Department of Planning Services, to allow staff to work with the property owners to submit a
Nonconforming Use Permit, and a Building Permit. The motion was seconded by Commissioner
Masden, and it carried unanimously.
VI #0500401 - UP RAILROAD COMPANY/PARAGON RAILCAR SALVAGE: 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 23-3-330, 23-3-330.B, 23-3-330.C and 23-3-330.D
of the Weld County Code. To bring the property into compliance, a Site Plan Review application
must be submitted. Noah and Tammy Figueroa, tenants, stated they started the business on this
site seven years ago. Mr. Figueroa stated he does not have the time or financial resources to
complete the Use by Special Review application. Mr. Figueroa further stated this is not a junkyard
or a salvage yard. All the rail cars that are received are re-cycled out quickly, so there are no
pieces staying in the yard for very long. Ms. Fequeroa stated they have four full time and two part
time employees, and the yard is keep very clean, as seen in the pictures presented to the Board,
marked Exhibit A. After discussing the type of business and the surrounding properties that may
be in violation, the Board directed this case be referred back to the Department of Planning
Services to allow staff to discuss with the property tenants what is needed to obtain a
Nonconforming Use for Industrial Permit, and to also schedule a work session with the property
owners, tenants and surrounding property owners and tenants to cover all permits needed in this
area.
Commissioner Jerke moved to refer VI #0500401 against UP Railroad Company and Paragon
Railcar Salvage, do Noah Figueroa, back to the Department of Planning Services, to allow staff
and property owners and tenants to discuss permits available and to schedule a work session with
all property owners and tenants in the surrounding area. The motion was seconded by
Commissioner Masden, and it carried unanimously.
VI #0600153 - MORENO: Ms. Siron presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 23-3-410 and 23-3-420 of the Weld County Code.
To bring the property into compliance, the noncommercial junkyard must be removed from the
property. Ms. Siron stated Irene Moreno contacted her on June 26, 2006, and is requesting more
time to complete the work needed. Neither the property owner nor a representative was present,
and there was no public testimony given.
Hearing Certification, Zoning Violations
July 11, 2006 2006-1825
Page 4 PL0824
Commissioner Masden moved to refer VI #0600153 against Irene Moreno to the County Attorney
for legal action, with the instruction to delay action upon such referral until August 11, 2006, to
allow adequate time for the property owner to remove the noncommercial junkyard. The motion
was seconded by Commissioner Jerke, and it carried unanimously.
This Certification was approved on the 17th day of July, 2006.
Li f APPROVED:
ATTEST: a� f
f� ' ( =OARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
Weld aunty Clerk to the ,� ,c` .,1 EX SED
�t I �� M. eilCi��
BY: i
De.0 y Clerk o the Board
David E. Long, Pro-Te
TAPE #2006403] L _
WI ' m H. Jerke
Robert D. Masden
EXCUSED
Glenn Vaad
Hearing Certification, Zoning Violations
July 11, 2006 2006-1825
Page 5 PL0824
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