HomeMy WebLinkAbout20063376 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on December 12, 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
Assistant County Attorney, Craig Emil
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Ann Siron
Planning Department representative, Kim Ogle
Building Inspections representative, Roger Vigil
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 #0600387 -GRONWALD: 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.F of the Weld County Code. To bring the property into compliance,
the mobile home must be removed or a Temporary Accessory for Storage permit must be
submitted. Johanna and Desirea Gronwald, property owners, stated when the property was
purchased, the mobile home and the land were not purged, they were two separate items. Ms.
Gronwald stated they proceeded to buy the land with the understanding that there was money
owed on the mobile home. City Financial has the loan on the mobile home and there is a problem
with the account, which has now brought the case into court. Ms. Gronwald stated she was
advised by her attorney to have City Financial remove the mobile home and for her to place a new
mobile home on the site. City Financial has been advised several times to remove the mobile
home through Ms. Gronwald's attorney; however, they have not contacted the property owners or
representative regarding this situation. Responding to Commissioner Geile, Craig Emil, Assistant
County Attorney, stated this violation is the property owners responsibility and he suggested Ms.
Gronwald's attorney provide copies of the Violations and Notices to City Financial. Ms. Gronwald
stated when they purchased this property there were five title searches completed and no liens
against the property were found, now City Financial has told them they have the Deed of Trust on
the mobile home. Responding to Commissioner Geile, Ms. Salzman stated the property owners
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could apply for a Zoning Permit for a Temporary Storage of a Mobile Home and a basic Building
Permit within the ninety days, which would give them an additional six months to clear up this
violation.
Commissioner Long moved to refer VI #0600387 against Hans and Johanna Gronwald to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 12, 2007, to allow adequate time for the property owners to remove the mobile home or
submit a Zoning Permit application or a Building Permit. The Motion was seconded by
Commissioner Masden, and it carried unanimously.
VI #0600286 -JOHNSON: 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,23-3-30.1,23-3-40
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 all the commercial vehicles except for the one allowed, must be removed
or appropriately permitted. Ms.Salzman stated this case was continued from November 14, 2006,
to allow adequate time for the property owner to meet with staff and review all issues needed to
bring this property into compliance. Charles Johnson, property owner, stated he has submitted
several current registrations for the vehicles and is continuing to bring this property into
compliance. Mr. Johnson stated he has now found the titles for the remaining trucks and will be
getting those plates today.
Commissioner Masden moved to refer VI #0600286 against Charles Johnson to the County
Attorney for legal action, with the instruction to delay action upon such referral until
January 12, 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,and to obtain current
license plates for the remaining vehicles. The motion was seconded by Commissioner Long, and
it carried unanimously.
VI#0600366-BAUSERMAN: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, 23-3-30.M,
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 all commercial vehicles except for the one allowed, must be removed or
the appropriate zoning application must be submitted. Ms.Salzman stated this case was continued
from November 14, 2006, to allow adequate time for the property owners to be notified of the
violation hearing date. Richard Bauserman, property owner, stated the wood is for the fence
around the property and the poles are for the pole barn. Mr. Bauserman stated he is willing to
screen the fencing material until the weather permits him to continue the work on the permanent
fence and the pole barn. Mr. Bauserman stated ninety days should be adequate time to complete
all the work needed.
Commissioner Jerke moved to refer VI #0600366 against Richard and Carolyn Bauserman to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 12, 2007, to allow adequate time for the property owners to complete the screening of the
noncommercial junkyard from all adjacent properties and public rights-of-way. The motion was
seconded by Commissioner Long, and it carried unanimously.
Hearing Certification, Zoning Violations
December 12, 2006 2006-3376
Page 2 PL0824
VI #0500276 - PAIGE/SOLID ROCK HOLDINGS, LLC: Ms. Salzman presented the case report
for the record and pursuant to the case file, this property is in violation of Sections 23-3-230,
23-3-230.B, 23-3-230.C, 23-3-230.E, 23-3-310, 23-3-310.B, 23-3-310.C and 23-3-310.E of the
Weld County Code. To bring the property into compliance, the Site Plan Review application must
be recorded or all storage and commercial operations must be removed from the property. Ms.
Salzman stated this case was continued from November 14, 2006, to allow adequate time for the
property owner to be notified of the violation hearing date. Ms. Salzman stated the final Mylar for
recording was submitted December 11, 2006, and is requesting this case be referred back to the
Department of Planning Services. Neither the property owner nor a representative was present,
and there was no public testimony given.
Commissioner Long moved to refer VI #0500276 against Steve Paige, dba Solid Rock
Holdings, LLC, back to the Department of Planning Services. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
VI #0600380 - PRESCHER: 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 this case was continued from November 14, 2006, to allow adequate time for the property
owner to be notified of the violation hearing date. Ms. Salzman stated there has been no contact
from the property owner and no progress made to bring the property into compliance. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI#0600380 against Kathy Prescherto the County Attorney
for immediate legal action. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0600391 - MARICK: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 stated this case was continued from November 14, 2006, to allow
adequate time for the property owners to be notified of the violation hearing date. Ms. Siron stated
Kimberly Marick contacted her and stated they are working on clearing up the violations; however,
they are in the process of getting a divorce so they will be need more time to complete the clean
up. Michael Marick was present and stated he is now living on site so he should be able to bring
the property into compliance within sixty days.
Commissioner Masden moved to refer VI #0600391 against Michael and Kimberly Marick to the
County Attorney for legal action, with the instruction to delay action upon such referral until
February 12, 2007, 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.
Hearing Certification, Zoning Violations
December 12, 2006 2006-3376
Page 3 PL0824
VI #0500401 - UNION PACIFIC RAILROAD COMPANY/LARSEN/CLYMER AND PARAGON
RAILCAR SALVAGE/FIGUEROA: Ms. Siron 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. Ms. Siron stated the tenants are requesting sixty days to
complete all the requirements needed to submit the Site Plan Review application. Kim Ogle,
Department of Planning Services, stated the applicant has submitted new information to bring the
property into compliance; however, there are some outstanding issues regarding landscaping and
screening, a vested legal plan, evidence of water supply, evidence that the state engineers office
has been contacted regarding a on-site well, a waste management plan is needed, and a number
of other issues that will need to be completed under the Site Plan Review application. Noah and
Tami Figueroa, tenants, stated they have been working on this for over a year; however,the water
and sewage were in place before permits and requirements were needed and no one seems to
know where they are located. Mr. Figueroa stated they have obtained a permit for the well;
however, the septic may not be on their portion of the property. Ms. Figueroa stated the only
problem left is locating the septic, and if it is not located on their property, they are required to
install a new system that will be very costly on leased property. Responding to Commissioner
Geile, Mr. Ogle stated that a Site Plan Review must be submitted with these issued addressed.
Commissioner Jerke stated his concern regarding approval of the Site Plan Review pending
obtaining a septic permit. Commissioner Long suggested the property tenants could look into
having a vault tank that would be installed in the ground and pumped out on a regular basis, not
involving a leach system. Mr. Figueroa stated they share the building with another tenant and they
only have a month to month lease on this property and that would be expensive. Commissioner
Masden suggested sharing the cost of finding the leach system or installing a new system.
Commissioner Masden moved to refer VI #0500401 against Union Pacific Railroad Company, Go
Greg Larsen, Lance Clymer and Paragon Railcar Salvage, c/o Noah Figueroa, to the County
Attorney for legal action,with the instruction to delay action upon such referral until June 12, 2007,
to allow adequate time for the tenants to obtain a new septic system and meet the remaining
requirements associated with completing the Site Review Plan. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
VI #0600395 - CLYMER: Ms. Siron 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. Ms. Siron stated the violations are the same as sited in the previous case.
Lance Clymer is the owner/tenant of this property. Responding to Commissioner Jerke, Mr. Olge
stated the property in question is a lease hold, and a portion of the lease goes to Paragon Railcar
Salvage and the other portion goes to Lance Clymer, and the building on-site is shared. Noah
Figueroa, neighboring tenant, stated Lance Clymer spoke with him and is waiting to heard the
outcome on the previous case regarding the Site Plan Review, before addressing his violation in
the same manner.
Commissioner Jerke moved to refer VI #0600395 against Union Pacific Railroad Company, do
Greg Larsen to the County Attorney for immediate legal action for the portion of the violation that
deals with the noncommercial junkyard; and the Site Plan Review violation be referred to the
County Attorney with the instruction to delay action upon such referral until June 12, 2007, to allow
Hearing Certification, Zoning Violations
December 12, 2006 2006-3376
Page 4 PL0824
adequate time for the property owner to obtain a new septic system and to meet the remaining
requirements. The motion was seconded by Commissioner Long, and it carried unanimously.
VI#0600435-LOYA: Ms. Siron 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 derelict vehicle must be restored or
removed from the property. Ms. Siron stated the tenant, Melissa Sanmiguel, contacted her and will
have the vehicle removed in two weeks. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Long moved to refer VI #0600435 against Alberto Loya to the County Attorney for
legal action, with the instruction to delay action upon such referral until January 12, 2007, to allow
adequate time for the tenant to remove the derelict vehicle. The motion was seconded by
Commissioner Masden, and it carried unanimously.
VI#0600422-GONZALES: Ms Siron 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 derelict vehicles must be restored or
removed from the property. Ms.Siron stated Jessie Gonzales contacted her on December 8,2006,
and is requesting additional time to remove the vehicles. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Jerke moved to refer VI #0600422 against Frank Gonzales to the County Attorney
for legal action, with the instruction to delay action upon such referral until January 12, 2007, to
allow adequate time for the property owner to restore or remove the derelict vehicles. The motion
was seconded by Commissioner Masden, and it carried unanimously.
VI #0600314-VILLAGOMEZ: 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 Elias Villagomez was contacted with Roger Vigil, Department of Building Inspections, as an
interpreter, and Mr. Villagomez is aware that proof of registration is needed for the vehicles and
an on-site inspection will need to be scheduled. Ms. Siron stated there has been no contact
regarding these violations and no progress in bringing the property into compliance. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0600314 against Elias Villagomez to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
VI #0600468 - MOORE: 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, 23-3-40, 23-3-50 and 23-3-50.D
of the Weld County Code. To bring the property into compliance, the number of horses must be
reduced to two. Rebecca Moore, property owner, stated the property is now for sale, as she can
Hearing Certification, Zoning Violations
December 12, 2006 2006-3376
Page 5 PL0824
not give up her horses. Responding to Commissioner Geile, Ms. Moore stated they do not have
a new property to move to, and there are a number of homes for sale in that area. Ms. Moore also
stated the horses are family and she can not give them up, hopefully they will be able to move in
six months. Responding to Commissioner Long, Ms. Moore stated there is a mix up on the amount
of land on this site, and they may be allowed three horses. They have checked into boarding two
of the horses until they move; however, the cost of boarding and feed would be a financial burden.
Commissioner Long moved to refer VI #0600468 against Kevin Moore to the County Attorney for
legal action, with the instruction to delay action upon such referral until June 12, 2007, to allow
adequate time for the property owners to reduce the number of horses, or to sell the property. The
motion was seconded by Commissioner Jerke, and it carried unanimously.
VI#0600035-SPANGLER: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, 23-3-40, 23-3-40.R
and 23-3-40.0 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 semi trailers must be reduced to two or a Use by Special Review
application must be submitted. Don Spangler, property owner, stated this property is in a Trust and
is used as a livestock hay ranch. Also this is a non-profit horse therapy riding program serving
Weld and Larimer Counties for handicapped children and high risk kids through Social Services
programs. As fund raisers, vehicles were donated throughout the years and the titles were stored
in a barn that burned down making the cars difficult to sell or take to salvage yards. Mr. Spangler
stated he has had medical problems the last few years and this has made the clean up take much
longer than anticipated. There are more volunteers lined up to help in the months ahead to rebuilt
the barn, and the trailers that are being used for storage can be auctioned or sold and removed
from the site. Mr. Spangler stated they are continuing to work to clear up violations to bring this
property into compliance.
Commissioner Long moved to refer VI #0600035 against Jennifer Spangler, c/o Donnie Spangler
to the County Attorney for legal action, with the instruction to delay action upon such referral until
June 12, 2007, to allow adequate time for the noncommercial junkyard to be restored, removed or
screened from all adjacent properties and public rights-of-way, and the number of semi trailers
reduced to two. The motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0600015 - DALE/ROSEMAN: 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 29-3-110.J and 29-8-40 of the Weld County Code. To bring the property into compliance,
a Homeowner Affidavit must be submitted and all inspections must be completed and a final
approval issued. Ms. Gregory stated this property has gone into foreclosure, and is now owned
by Lisa Hotelling; however, Mr. Roseman is living at the residence and he is leasing with the option
to buy and plans to own the property again in one year. Ms. Gregory stated there have been no
inspections scheduled and the required documentation has not been submitted, therefore, this
project was started without obtaining a permit. Neither the property owners nor a representative
was present, and there was no public testimony given.
Hearing Certification, Zoning Violations
December 12, 2006 2006-3376
Page 6 PL0824
Commissioner Jerke moved to refer VI #0600015 against Kevin Dale and Elizabeth Roseman to
the County Attorney for immediate legal action. The motion was seconded by Commissioner
Masden, and it carried unanimously.
VI #0600106 - KREAGER/MANN: 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 a final approval
issued. Ms. Gregory stated there has been no contact from the property owners and no
inspections since March,2006. Neither the property owners nor a representative was present, and
there was no public testimony given.
Commissioner Masden moved to refer VI#0600106 against Kenneth Kreager and Margaret Mann
to the County Attorney for immediate legal action. The motion was seconded by Commissioner
Long, and it carried unanimously.
VI#0600317 -HERNANDEZ: Ms. Gregory presented the case report for the record and pursuant
to the case file, this property is in violation of Sections 23-3-50 and 29-11-30 of the Weld County
Code. To bring the property into compliance,the porch addition must be removed or an application
to the Board of Adjustment must be submitted. Ms. Gregory stated the porch addition was built
without appropriate permits and does not meet the setbacks required. Frankie Hernandez and
Kathy Hiller, property owner and representative, were present and Ms. Hiller stated this property
is well maintained and the porch was not expanded east and west, so the measurements to the
road was not changed, which is nineteen feet. Ms. Hiller stated they did have a survey done and
was not able to establish property lines. Ms. Hiller presented pictures to the Board regarding
twenty-four homes in the area with the same violation, marked Exhibit A. Responding to
Commissioner Geile, Roger Vigil, Building Inspections Department, stated when the original
inspections were completed, it was not a remodel of the porch, but a new addition that needed a
twenty-foot setback. The plat plan that Mr. Hernandez submitted shows ten feet to the property
line, and that part of the porch is in the setback. Ms. Hiller stated the question is where the
property line is, and is inquiring what Mr.Vigil is using to measure this. Mr.Vigil stated the property
pins should be along the street and property owners need to contact a surveyor to have this done.
Emily Maestas, who also lives at 1887 Grace Avenue, Fort Lupton, stated she contacted Alfa
Surveying and they could not find property pins in front of their home,went down the street and still
could not find pins; however, he did find one for a neighbor and he cannot get into the yard to
measure. Ms. Masestas was told by the surveyor that there is too much metal in the ground to
locate pins since this property used to be railroad tracks. Responding to Commissioner Geile, Mr.
Vigil stated he based his measurements on other structures along that street and the width of the
road, and also on the plot plan that Mr. Hernandez submitted that shows ten feet to the property
line.
Commissioner Jerke moved to refer VI #0600317 against Frankie Hernandez to the County
Attorney for legal action,with the instruction to delay action upon such referral until March 12,2007,
to allow adequate time for the property owners to submit an application to the Board of Adjustment.
The motion was seconded by Commissioner Masden, and it carried unanimously.
Hearing Certification, Zoning Violations
December 12, 2006 2006-3376
Page 7 PL0824
VI #0600385 -WOLF: Ms. Gregory 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,all inspections must be completed and a Certificate of Occupancy issued.
David and Kim Wolf, property owners, stated this is a large mobile home with a full basement and
attached garage, and they have had problems with the contractors finishing the jobs needed to
complete the inspections. Mr. Wolf stated they are very close to being done with this project, and
will be able to schedule the inspections within thirty days.
Commissioner Masden moved to refer VI #0600385 against David and Kim Wolf to the County
Attorney for legal action,with the instruction to delay action upon such referral until March 12,2007,
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 Long, and it carried
unanimously.
VI #0600284 - BOAL: 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
derelict mobile home must be removed from the property. Ms. Salzman stated there has been
substantial progress and she did receive confirmation from Hudson Fire Department regarding a
burn permit for the mobile home. Ms. Salzman is requesting this case be continued to January 9,
2007, to allow time for the property owners to burn down the mobile home and remove the debris
from the site. Neither the property owners nor a representative was present, and there was no
public testimony given.
Commissioner Long moved to continue VI #0600284 against Neal and Betty Boal until
January 9, 2007,to allow adequate time for the property owners to burn down the mobile home and
remove the deb ris. The motion was seconded by Commissioner Masden, and it carried
unanimously.
Hearing Certification, Zoning Violations
December 12, 2006 2006-3376
Page 8 PL0824
This Certification was approved on the 18th day of December, 2006.
APPROVED:
ATTEST: 1)it/v" ,/ I I. \BARD OF COUNTY COMMISSIONERS
bi r "q. LD COUNTY !LORADO
Weld my Clerk to the B t 1" ••
n -- ,a " I Ch it
BY: 1 � 'x ' , Eoc
Dept Clerk the Board
David E. Long, Pro-Tem
TAPE #2006• 05 and 06
W ' m Jerkf�h�lel�
Robert D. Masden
EXCUSED
Glenn Vaad
Hearing Certification, Zoning Violations
December 12, 2006 2006-3376
Page 9 PL0824
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