HomeMy WebLinkAbout20060765.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on March 14, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tern
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Sharon Kahl
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 #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 have a final approval. Ms. Gregory spoke with David Martini on March 10, 2006,
and he stated all work is expected to be completed by April, 2006. Neither the property owners nor
a representative was present, and there was no public testimony given.
Commissioner Long moved to continue VI #0400364 against David and Lori Martini until
April 11, 2006,to allow adequate time for the property owners to complete all the work needed and
to complete all the inspections and have a final approval. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
VI#0500329-TURLEY: Ms. Gregory presented the case report for the record and pursuant to the
case file,this property is in violation of Sections 29-3-290, 29-7-10, 29-7-50, 29-7-70,29-7-120 and
29-7-130 of the Weld County Code. To bring the property into compliance, all inspections must
be completed and Certificates of Occupancy issued, and the mobile home must be removed and
the septic tank filled or the sewer line severed. Leonard Turley, property owner, stated the work
is almost complete and an extension of sixty days would be enough time to complete this project.
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Commissioner Masden moved to refer VI #0500329 against Leonard and Virginia Turley to the
County Attorney for legal action, with the instruction to delay action upon such referral until
May 14, 2006, to allow adequate time for the property owners to complete all inspections and
Certificates of Occupancy issued. The motion was seconded by Commissioner Vaad,and it carried
unanimously.
VI #0500394 - METTLEN: 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 there have been no inspections since May, 2005, and the property owners have not
contacted staff. Neither the property owners nor a representative was present, and there was no
public testimony given.
Commissioner Long moved to refer VI#0500394 against Randy and Kristen Mettlen to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it
carried unanimously.
VI #0600048 -GRAFF: 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. Pete Crone, representative, stated he is the builder on this project and he
and Mr. Graff also farm and own a co-op business in Wiggins, so they have lost time to these
priorities. Mr. Crone stated this project has grown in size from when they started, there is a nine
foot addition and a large garage add-on. Mr. Crone stated they are making substantial progress
and are making improvements to bring the house up to specs, which is taking a little longer than
expected. Responding to Commissioner Geile, Mr. Crone stated there are no problems with set
backs and additions are applied for through the original application.
Commissioner Jerke moved to refer VI #0600048 against Ronald Graff to the County Attorney for
legal action, with the instruction to delay action upon such referral until May 14, 2006, to allow
adequate time for the property owner to complete all the inspections and a Certificate of
Occupancy issued. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI#0300027-KRUGER: 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. Robert Kruger, property owner, stated sixty days would be enough time to
complete the clean up and reorganize the firewood on the site.
Commissioner Masden moved to refer VI #0300027 against Robert and Donna Kruger to the
County Attorney for legal action, with the instruction to delay action upon such referral until
May 14, 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 Long, and it carried unanimously.
Hearing Certification, Zoning Violations
March 14, 2006 2006-0765
Page 2 PL0824
VI #0500358 - CAMPBELL: 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 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. Justin
Campbell, property owner, stated thirty days would be enough time to complete the clean up of the
property. Commissioner Jerke stated his concern is that in this area there is a high density of
homes, and the accumulation of junk is a habitat for rodents and other pests, so screening is not
always the solution.
Commissioner Masden moved to refer VI#0500358 against Justin Campbell to the County Attorney
for legal action, with the instruction to delay action upon such referral until April 14, 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#0500237-GOLDEN/RLSJ PROPERTIES 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,
23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance, all
commercial staging, storage and equipment must be removed or a Use by Special Review
application must be submitted. Barbara Brunk, representative, stated the property has sold and
they will be closing on April 30, 2006. Ms. Brunk stated the business will be moved into an
Industrial Zoned location, and it will take approximately two weeks to move all of the equipment
from this site. Ms. Brunk stated they have been working on solving this violation since the first
notice was received. Staff first recommended that they apply for a Use by Special Review;
however, because they are located in a MUD area, this was not allowed. Property owners then
decided it would be more appropriate to move than to apply for re-zoning. Ms. Brunk stated the
property owners have also taken half of the employees away from the site to try and be a good
neighbor, so there are only eight people coming to this site. Responding to Commissioner Jerke,
Ms. Salzman stated that initially it was staff's understanding that this was a home business;
however, this operation was much bigger then what is allowed under a Use by Special Review.
Responding to Commissioner Masden,Ms. Brunk stated they have been in business approximately
one year at this site, and as of today, this location is only used to pick up and drop off forms.
John Walkins, neighbor, stated he lives behind the business, and he was concerned about the
notice to surrounding property owners regarding the hearing. Responding to Commissioner Geile,
Ms. Salzman stated that zoning changes, Use by Special Review Permits, etcetera, do require
public notification; however, violation hearings do not require this. Ms. Salzman stated she does
try to let the complainants know when cases are heard and she did contact the initial complainant
and notified the Homeowners Association on March 13, 2006, of today's hearing. Mr. Walkins
stated he also has a concern regarding the removal of all the forms, trash, and debris from this site.
The last time the property was cleaned up they burned it, and he does not want that to happen
again. Responding to Commissioner Geile, Ms. Brunk stated that the previous burn was a
permitted burn, and the fire department was on the site. She stated the steel will be removed and
there will be no more burning.
Hearing Certification, Zoning Violations
March 14, 2006 2006-0765
Page 3 PL0824
Commissioner Masden moved to refer VI#0500237 against Reginald Golden,Go RLSJ Properties,
LLC, to the County Attorney for legal action, with the instruction to delay action upon such referral
until May 14, 2006, to allow adequate time for the property owner to move all commercial staging,
storage and equipment from the property. The motion was seconded by Commissioner Vaad, and
it carried unanimously.
VI #0500417 - GRABRIAN: 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.D of the Weld County Code. To bring the property into compliance, the
Accessory to the Farm permits must be re-justified annually. Ron Grabrian, property owner, stated
that in December he contacted staff and the forms for the hired help he had were not the official
forms from the Department of Planning Services, so they would not accept them, and his
accountant did not get the forms needed, so he did not get them filled out until the 1st of March.
Responding to Commissioner Geile, Ms. Salzman stated she did discuss filling out the page that
they needed in December, and they would have accepted tax forms. Mr. Grabrian stated that he
never received that page, or he would have completed it. Commissioner Jerke requested that Mr.
Grabrian stay after the hearing and fill out the page needed, to clear up this violation. Mr. Grabrian
stated he would be willing to do this.
Commissioner Vaad moved to continue VI#0500417 against Ronald Grabrian until April 11, 2006,
to allow adequate time for the property owner to complete the forms needed to justify the
Accessory to the Farm permit. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI#0500205 -VINCENT: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,
23-3-30,23-3-30.F,23-4-130, 23-4-140, 23-4-160 and 29-7-10 of the Weld County Code. To bring
the property into compliance,the mobile homes must be permitted or demolished. Luther Vincent,
property owner, stated he sold his property in Longmont, and moved these trailers on the site for
storage. Mr. Vincent stated his property in Longmont sold right away, so they were using the
mobile homes for storing ceramic supplies and equipment. Mr. Vincent stated they contacted
Planning Staff and were told they could use the trailers for storage and nothing was said about
getting a permit. Mr. Vincent stated his attorney contacted Planning Staff and was notified they
needed a permit to demolish the trailers. He had been building sheds for storage and felt the
trailers looked better then the sheds; however, these trailers or mobile homes are not allowed.
Responding to Commissioner Geile, Mr. Vincent stated they are not living on the site; however,
they are working on the property everyday, and will need sixty days to complete this project.
Commissioner Long moved to refer VI#0500205 against Luther Vincent to the County Attorney for
legal action, with the instruction to delay action upon such referral until May 14, 2006, to allow
adequate time for the property owner to demolish and remove the mobile homes. The motion was
seconded by Commissioner Vaad, and it carried unanimously.
VI #0600012 - HARRIS: 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.D, 23-3-40 and
23-3-40.0 of the Weld County Code. To bring the property into compliance, the proper zoning
Hearing Certification, Zoning Violations
March 14, 2006 2006-0765
Page 4 PL0824
permits must be submitted. Ms. Siron spoke with Rex Harris and he will be submitting a letter
stating that no construction related commercial activity is taking place on the property, and the
activity that is taking place there now is for personal landscaping purposes only. Also, a Home
Occupation application must be submitted for the Creative Memories business. Ms. Siron stated
Mr. Harris will be submitting these to staff today, and thirty days will be enough time to clear up this
violation. Neither the property owner nor a representative was present, and there was no public
testimony given.
Commissioner Vaad moved to refer VI #0600012 against Rex Harris to the County Attorney for
legal action, with the instruction to delay action upon such referral until April 14, 2006, to allow
adequate time for the property owner to submit a letter stating no commercial activity is being
conducted on the site and to submit a Home Occupation application. The motion was seconded
by Commissioner Long, and upon a roll call vote,the motion carried four to one,with Commissioner
Jerke opposed.
VI#0500397-JONES: 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, 23-3-30.1, 23-3-40,
23-3-40.O, 23-3-40.R and 23-3-40.0 of the Weld County Code. To bring the property into
compliance, a Use by Special Review application must be submitted. Ms.Siron spoke with Richard
Jones on March 8, 2006, and he stated sixty days will be enough time to submit a Use by Special
Review application. Neither the property owner nor a representative was present, and there was
no public testimony given.
Commissioner Long moved to refer VI#0500397 against Richard Jones to the County Attorney for
legal action, with the instruction to delay action upon such referral until May 14, 2006, to allow
adequate time for the property owner to submit a Use by Special Review application. The motion
was seconded by Commissioner Masdan, and it carried unanimously.
Hearing Certification, Zoning Violations
March 14, 2006 2006-0765
Page 5 PL0824
This Certification was approved on the 20th day of March, 2006.
PPROVED:
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Hearing Certification, Zoning Violations
March 14, 2006 2006-0765
Page 6 PL0824
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