HomeMy WebLinkAbout20063129.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on November 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
County Attorney, Craig Emil
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Ann Siron
Inspections Department 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 #0600394 - GERSTENBERGER: 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 is requesting this case be referred to the County Attorney for
immediate action. Responding to Commissioner Vaad, Roger Vigil, Department of Building
Inspections, stated this property has been in violation for a number of years. Mr. Gerstenberger
does have building permits; however, there has been no progress made. Mr. Vigil stated Mr.
Gerstenberger was in contact with staff approximately a year ago and at that time he stated the
bank owned this property so he was no longer working on it. Mr. Vigil stated the building does
need to be secured for public safety, and staff has not been able to contact Mr. Gerstenberger for
the past year. Responding to Commissioner Vaad, Mr.Vigil stated to secure the property,staff will
need to get a complaint from either staff or a citizen. Responding to Commissioner Geile, Mr.Vigil
stated the roof is not stable; however, the building probably will not collapse.
Richard Gerstenberger, property owner, stated he now lives in Ault and he does not own this
property, it was surrendered to the bankruptcy court. Responding to Commissioner Geile, Craig
Emil, Assistant County Attorney, stated he will need some kind of proof stating this property had
been taken to bankruptcy court, and this case could then be referred to the County Attorney's
Office to review. Mr. Gerstenberger stated this property has been in court since 2003, that is why
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it has continued to deteriorate. Ms. Siron stated the most updated information they have is that the
property is on hold to Ruby Leinbald. Ms. Siron further stated she called the Assessor's Office and
inquired about the tax lien sale, Certificate of Purchase, which means if after two years the taxes
are not paid, the property then becomes Ms. Leinbald; however, as of this date the property is still
listed as owned by Richard Gerstenberger. Commissioner Jerke stated his concern is about this
property becoming a public safety issue, and is wants to instruct the County Attorney to secure this
site. Responding to Commissioner Geile, Mr. Emil stated the Building Inspection Department
would need to do an on-site inspection of the property and then make a referral to the County
Attorney to secure it.
Commissioner Jerke moved to refer VI #0600394 against Richard Gerstenberger to the County
Attorney for immediate legal action, with the instruction to also refer it back to the Department of
Planning Services to review the health and safety issues in regards to the surrounding area. The
motion was seconded by Commissioner Vaad, and it carried unanimously.
VI #0600274 -AUTOBEE: 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 is requesting
this case be referred to the County Attorney for immediate action. Neither the property owner nor
a representative was present, and there was no public testimony given.
Commissioner Vaad moved to refer VI #0600274 against Joanna Autobee to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0600391 - MARICK: 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 is requesting
this case be continued to December 12, 2006, to allow adequate time to notify property owners of
the violation hearing date. Neither the property owners nor a representative was present,and there
was no public testimony given.
Commissioner Long moved to continue VI #0600391 against Michael and Kimberly Marick to
December 12, 2006, to allow adequate time to notify the property owners of the violation hearing
date. The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI#0600372 -BRICENO: 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, all vehicles must maintain current tags and
remain in running condition, and evidence of current registration must be submitted, or the vehicles
must be removed. Ms. Siron is requesting this case be referred to the County Attorney for
immediate legal action. Neither the property owners nor a representative was present, and there
was no public testimony given.
Hearing Certification, Zoning Violations
November 14, 2006 2006-3129
Page 2 PL0824
Commissioner Vaad moved to refer VI #0600372 against Severiano and Andrea Briceno to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Masden,
and it carried unanimously.
VI #0500353 - HORN: 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, 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 the commercial vehicles must be
removed or reduced to one, or a Zoning Permit for a Commercial Vehicle application must be
submitted. Commissioner Geile requested case VI#0500353 and VI#0500354 be heard together,
due to the cases being adjacent to each other. James Horn, property owner, stated both trucks
are in running condition and have plates and insurance and he does not use these commercially.
Mr. Horn stated he has health problems and the clean up project is taking longer then expected.
Also, Mr. Horn stated the pickup is a backup for snow removal and at this time is not licensed or
insured; however, he is willing to do so to clear up that violation. Responding to Commissioner
Geile, Ms. Salzman stated a dump truck has always been considered a commercial vehicle as
stated by Weld County Code. Ms. Salzman stated she does not have the authority to make an
exception in this case. Ms. Salzman stated to clear up the commercial vehicles violation, Mr. Horn
will need to submit a Zoning Permit for a Commercial Vehicle.
Mr. Horn stated the cargo container is used for storage and is too expensive to permit, so he is
planning to cut up and haul the iron away; however, his welder was stolen earlier this year and he
will need to replace it before he can continue this project. Commissioner Jerke stated he sees two
different cases here; the first case shows a neat orderly lineup of vehicles and a clean lot, and the
second case shows there is room for improvement, and he is requesting a roll call vote for both
cases. Mr. Horn stated he has hauled eight trailer loads of junk from this site and is continuing to
work to clean up the property. Commissioner Vaad stated these cases are similar and are under
one ownership, he suggested sixty days for staff to work with the property owner to restore, remove
or screen the noncommercial junkyard and to submit a Zoning Permit or reduce the commercial
vehicles to one. Commissioner Jerke moved to sever VI #0500353 and VI #0500354 and called
for a roll call vote.
Commissioner Vaad moved to refer VI #0500353 against James and Betty Horn to the County
Attorney for legal action, with the instruction to delay action upon such referral until
January 14, 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 to remove or permit the
commercial vehicles. The motion was seconded by Commissioner Masden, and upon request for
a roll call vote it carried four to one with Commissioner Jerke opposed.
VI #0500354 - HORN: 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.L, 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
Hearing Certification, Zoning Violations
November 14, 2006 2006-3129
Page 3 PL0824
public rights-of-way,the cargo container must be removed or permitted,the delivery style box truck
must be removed, and all commercial vehicles must be removed or a Zoning Permit for a
Commercial Vehicles application must be submitted. This case was heard with VI#0500353, and
was referred to a roll call vote.
Commissioner Vaad moved to refer VI #0500354 against James and Betty Horn to the County
Attorney for legal action, with the instruction to delay action upon such referral until
January 14, 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 to reduce to one or permit
the commercial vehicles. The motion was seconded by Commissioner Masden, upon request for
a roll call vote it carried unanimously.
VI#0600020-GREEN: 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.A, 23-3-30.B and
23-3-30.F of the Weld County Code. To bring the property into compliance, the partially
demolished mobile home must be completely removed. Janet Green, property owner, submitted
a letter explaining her situation, marked Exhibit A. Ms. Green stated her 72 year old brother-in-law
is helping her with this project, and it is taking longer than expected due to injuries and weather
conditions. Ms. Green stated this office mobile home was bought from CDSI and was converted
into living quarters for her daughter and five grandchildren. She tried to sell the converted office
mobile home when her daughter moved out; however,she never received a title so she was unable
to put it up for sale. Ms. Green stated the mobile home stayed in compliance until they tried to
convert it into a garage. Ms. Green stated she contacted the Department of Planning Services and
was told the only option was to tear down the structure. Ms. Green stated she has put a lot of
money and time into this mobile home and it has been a hardship and burden to demolish. She
is requesting more time to complete this project, and is continuing to work on clearing up this
violation. They are trying to save the materials for recycling as they are dismantling it. Responding
to Commissioner Jerke, Ms. Salzman stated Ms. Green could obtain a burning permit through the
Fort Lupton Fire Department. Peggy Gregory, Department of Planning Services, stated for a
twenty-one dollar fee a new Demolition Permit could be applied for; however,that would only give
an additional three months.
Commissioner Vaad moved to refer VI #0600020 against Janet Green back to the Department of
Planning Services to allow the property owner to apply for a new Demolition Permit. The motion
was seconded by Commissioner Jerke, 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 the commercial vehicles that are not permitted under the current zoning
must be removed or appropriately permitted. Charles Johnson, property owner, stated he owns
several vehicles that he restores, and the trailers are used for storage. Mr.Johnson stated he does
not consider this property to be a junkyard. Mr. Johnson further stated he does not completely
understand what the issues are regarding these violations; however, he is willing to work with staff
to bring the property into compliance once he understands what is needed.
Hearing Certification, Zoning Violations
November 14, 2006 2006-3129
Page 4 PL0824
Commissioner Vaad moved to continue VI #0600286 against Charles Johnson until
December 12, 2006, to allow adequate time for the property owner to meet with staff and review
the issues needed to clear up this violation. The motion was seconded by Commissioner Jerke,
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 that are not allowed the under current zoning must
be removed or appropriate zoning applications must be submitted. Ms. Salzman is requesting this
case be continued to December 12, 2006, to allow adequate time to notify the property owners of
the hearing date. Neither the property owners nor a representative was present, and there was no
public testimony given.
Commissioner Long moved to continue VI#0600366 against Richard and Carolyn Bauserman until
December 12, 2006, to allow adequate time for the property owners to be notified of the hearing
date. The motion was seconded by Commissioner Masden, and it carried unanimously.
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 Use by Special Review must be
recorded or all storage and commercial operations must be removed. Ms. Salzman is requesting
this case be continued to December 12, 2006, to allow adequate time to notify the property owner
of the violation hearing date. Neither the property owner nor a representative was present, and
there was no public testimony given.
Commissioner Vaad moved to continue VI#0500276 against Steve Paige, dba Solid Rock Holding,
LLC, until December 12, 2006, to allow adequate time for the property owner to be notified of the
violation hearing date. The motion was seconded by Commissioner Masden, 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
is requesting this case be continued to December 12, 2006, to allow adequate time for the property
owner to be notified of the violation hearing date. Neither the property owner nor a representative
was present, and there was no public testimony given.
Commissioner Masden moved to continue VI #0600380 against Kathy Prescher until
December 12, 2006, to allow adequate time for the property owner to be notified of the violation
hearing date. The motion was seconded by Commissioner Jerke, and it carried unanimously.
Hearing Certification, Zoning Violations
November 14, 2006 2006-3129
Page 5 PL0824
This Certification was approved on the 20th day of November, 2006.
APPROVED:
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