HomeMy WebLinkAbout20060129.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on January 10, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair- EXCUSED
Commissioner David E. Long, Pro-Tem -EXCUSED
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
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
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 #0500365-HOYT: 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
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 spoke with John Hoyt's son prior to the hearing, and he stated the
property would be cleaned up this week. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Vaad moved to refer VI #0500365 against John Hoyt to the County Attorney for
legal action, with the instruction to delay action upon such referral until February 10, 2006,to allow
adequate time for the noncommercial junkyard to be restored, removed, or screened from all
adjacent properties and public rights-of-way. The motion was seconded by Commissioner Masden,
and it carried unanimously.
VI #0500355- MORALES: 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 Sections 23-3-40,
23-3-40.B.17, 23-3-40.B.18, 23-3-CA, 23-3-50 and 29-3-10 of the Weld County Code. To bring
the property into compliance, all rodeo activity must cease pending approval of a Use by Special
Review permit, and building permits must be obtained for all non-permitted structures and all
inspections must be completed.
2006-0129
PL0824
Felipe Morales, property owner, and Wanda Ulloa, interpreter, stated the rodeos were
noncommercial and no more then twenty people attend. The people in attendance were family and
friends. Responding to Commissioner Jerke, Mr. Morales stated he rents six or seven bulls for
riding and there is horse riding and calf roping. Mr. Morales stated this is a hobby and only family
and friends attend, and there are no charges or fees collected. Mr. Morales stated the cars park
on the property and the side streets. Responding to Commissioner Jerke, Mr. Morales stated there
is no gambling or wages, this is a family gathering for birthdays or anniversaries. Responding to
Commissioner Vaad, Mr. Morales stated there were sheds that he had put roofs on for the horses.
Ms. Gregory stated there are three or four structures joined together on the east and north sides
of the property. Responding to Commissioner Jerke, Mr. Morales stated he does not drink;
however, family members will bring beer when they get together. Mr. Morales stated he felt his
privacy was being violated because his property was being checked on by the Department of
Planning Services due to reports of rodeo events being held there. Bethany Salzman, Department
of Planning Services, stated this property had previous violations and the rodeo issue was
discussed. This property may not have more then four animals at any given time and a Use by
Special Review permit was mailed to Mr. Morales.
Bruce McGee, neighbor, stated Mr. Morales built twelve stalls on the property line, and in the
process torn down his fence. Mr. McGee stated he has not seen any bull riding; however, he has
seen calf roping and electric prods used on the bulls and then they are tripped. There have been
more than thirty people at these events. Mr. McGee stated boards were put up for fencing.
Responding to Commissioner Jerke, Mr. McGee stated his fence had been there for sixteen years
and the previous owners did not dispute it's location. See pictures marked Exhibit A.
Mr. Morales stated when he bought this property, he was told the fence was on his property, and
an inspector from the County measured the property and told him it was okay to place the stalls
where he did. Commissioner Jerke stated the rodeo activities would need to be addressed through
a Use by Special Review permit. Commissioner Vaad stated the buildings would need to be
removed from the property line and Mr. Morales will need to discuss with the Department of
Planning Services where to place these structures on the property, also all rodeo activity must
cease until a Use by Special Review is submitted and approved by the County.
Commissioner Vaad moved to refer VI #0500355 against Felipe de Jesus Morales to the County
Attorney for legal action,with the instruction to delay action upon such referral until March 10,2006,
to allow adequate time for the property owner to remove the structures from the property line, and
to submit a Use by Special Review application. The motion was seconded by Commissioner
Masden, and it carried unanimously.
VI #0500047 - BENITEZ: 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 stated Jorge Benitez contacted her this morning and stated he would be in on
January 11, 2006, and to schedule the inspections needed. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0500047 against Jorge and Blanca Benitez to the
County Attorney for legal action, with the instruction to delay action upon such referral until
Hearing Certification, Zoning Violations
January 10, 2006 2006-0129
Page 2 PL0824
February 10, 2006, to allow adequate time for the property owners to complete all inspections and
have a final approval. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
VI#0500177 -RIVERA: Ms. Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 29-3-250 and 29-8-40 of the Weld County Code.
To bring the property into compliance, the reinspection fee must be paid, and all inspections must
be completed and have a final approval. Ms. Gregory stated the property owners have not
contacted staff and there has not been any progress made on the violations. Neither the property
owners nor a representative was present, and there was no public testimony given.
Commissioner Vaad moved to refer VI #0500177 against Juan and Cristina Rivera to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it
carried unanimously.
VI#0500317 -GARZA: 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, all inspections must be completed and the manufactured home must
have all inspections completed and a Certificate of Occupancy issued. Ms. Gregory stated Ramon
Garza contacted staff, he has made progress and is now living on the property. Neither the
property owners nor a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI#0500317 against Ramon and Julia Garza to the County
Attorney for legal action, with the instruction to delay action upon such referral until
February 10, 2006, to allow adequate time for all the inspections to be completed and a Certificate
of Occupancy issued. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
VI #0500373 -GLAHN: Ms. Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 29-7-120 and 29-7-130 of the Weld County Code.
To bring the property into compliance, all inspections must be completed and the permit for the
manufactured home must be completed and a Certificate of Occupancy issued. Ms. Gregory
stated James Glahn contacted staff on December 2,2005,and stated he would have the Certificate
of Occupancy within two weeks; however, this was never completed. Neither the property owners
nor a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0500373 against James Scott and Kelly Glahn to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Vaad,
and it carried unanimously.
Hearing Certification, Zoning Violations
January 10, 2006 2006-0129
Page 3 PL0824
This Certification was approved on the 16th day of January, 2006.
(? 11
1,PROVED:
ATTEST: / D COUNTY, COLORADO
Wel.- ounty Clerk to the Bo iviprj USED
/ } J. Geile, Chair
BY: it'd ,1 !C4 C<, Wr� '
D=' uty Clef to the Board EXCUSED
David E. Long, Pro-Tern
TAPE #2006-01
W' iam H. JerkeW
Robert D. Masden
Glenn Vaad
Hearing Certification, Zoning Violations
January 10, 2006 2006-0129
Page 4 PL0824
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