HomeMy WebLinkAbout20060443.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on February 14, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
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
Building Inspections Department representative, George Carroll
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#0400003-SPANGLER/SPANGLER IRREVOCABLE CHILDREN'S TRUST: 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 a Certificate of Occupancy issued.
Don Spangler, property owner's husband, stated he started this project to built a structure that was
handicapped accessible, and was making good progress until August, 2003, when his health
problems started. Mr. Spangler stated he was finally able to continue the work in January, 2004,
and then he fell off the house and broke his leg which started a whole new group of health
setbacks. Mr. Spangler stated he has contacted friends from his church to help him complete the
home and is requesting an extension; he is also requesting the additional fees be waived due to
the medical hardships they have had the past three years. George Carroll, Department of Building
Inspections, stated most of the project is complete, the lower level needs to be framed, and the
rough in plumbing, heating, and electrical need inspections. An extension of 180 days should be
enough time to complete this, see pictures presented to the Board marked Exhibit A. Responding
to Commissioner Vaad, Bruce Barker, County Attorney, stated the determination to waive fees,
which would include the expansion fee, capital extension and road improvement fee, could be
addressed later. Responding to Commissioner Geile, Mr. Spangler stated he was making good
progress until August of 2003, when everything went backwards. Mr. Spangler is willing to work
with staff to complete this project.
2006-0443
PL0824
60; Pt 03_, 7 -0Co
Commissioner Masden moved to refer VI #0400003 against Jennifer Spangler, as trustee of the
Spangler Irrevocable Children's Trust, to the County Attorney for legal action, with the instructions
to delay action upon such referral until August 14, 2006, to allow adequate time for the property
owner to complete all inspections and a Certificate of Occupancy to be issued. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
VI #0400052 -BLAKE: 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 final approval. Rocky and
Wendy Blake were present, and Mr. Blake stated they just ran out of funds to complete this project,
and he was confused about the scheduling on the last inspection. Responding to Commissioner
Masden, Mr. Blake stated most of the work is complete, and six months would be about the time
frame needed to complete all the work. Mr. Blake stated he will work with staff on a written plan
for completing the remaining work and scheduling of all the inspections that are needed.
Commissioner Vaad moved to refer VI #0400052 against Rocky and Wendy Blake back to the
Department of Planning Services to allow adequate time for all work to be completed and to
schedule the final inspections and approvals. The motion was seconded by Commissioner
Masden, and it carried unanimously.
VI#0400246 -DAVIS/DAVIS: 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 final approval. Ms.
Gregory stated Betsy Davis spoke with her and stated she would schedule inspections; however,
this has not been done. Neither the property owner nor a representative was present, and there
was no public testimony given.
Commissioner Vaad moved to refer VI #0400246 against Windon and Betsy Davis to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it
carried unanimously.
VI #0500133 - UBEL: 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 Certificate of Occupancy issued.
Todd Ubel, property owner, stated there are only a couple of inspections left to complete. Mr. Ubel
stated he has not had the work done to schedule inspections; however, he is able to work now and
will schedule the inspections soon. Mr. Ubel stated he is starting to work on the outside of the
structure and will need some time for completion.
Commissioner Vaad moved to refer VI #0500133 against Todd and Melany Ubel to the County
Attorney for legal action, with the instruction to delay action upon such referral until
August 14, 2006, to allow adequate time for the property owners to complete all inspections and
a Certificate of Occupancy issued. The motion was seconded by Commissioner Masden, and it
carried unanimously.
Hearing Certification, Zoning Violations
February 14, 2006 2006-0443
Page 2 PL0824
VI#0500240-OLIVAS: Ms. Gregory presented the case report for the record and pursuant to the
case file,this property is in violation of Sections 23-3-30, 29-3-10 and 29-3-130 of the Weld County
Code. To bring the property into compliance, a Building Permit application must be submitted, all
fees paid, and all inspections must be completed. Manuel and Mary Olivas were present, and
stated there are some old sheds that they will be tearing down and they will need an outlined list
of problems so they can correct them. Responding to Commissioner Vaad, Ms. Gregory stated
she will work with the property owners on the setback problems and all other issues to clear this
violation.
Commissioner Vaad moved to refer VI #0500240 against Manuel and Mary Olives back to the
Department of Planning Services,to allow the property owners time to submit the Building Permit,
pay all fees and have all inspections completed. The motion was seconded by Commissioner
Masden, and it carried unanimously.
VI #0500395 - HOOGLAND: 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 a Certificate
of Occupancy issued. Ms. Gregory stated Cheryl Hoogland contacted her and stated they are now
living on the site, and progress is being made. Neither the property owners nor a representative
was present, and there was no public testimony given.
Commissioner Vaad moved to refer VI #0500395 against Bernard and Cheryl Hoogland 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 a
Certificate of Occupancy issued. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0500414 -PALOMBO: Ms. Gregory presented the case report for the record and pursuant to
the case file,this property is 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 have final approval.
Ms.Gregory stated there have been no inspections scheduled since December 16,2005. Giavonni
Palombo was present, and stated he has had problems with getting the well drilled; however, he
now has this scheduled for February 27, 2006, and should be able to continue with completing this
project.
CommissionerJerke moved to refer VI#0500414 against Giavonni Palombo 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 complete all inspections and have a final approval. The
motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0500409 - DAVIS/BOLL: 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.D, 23-3-40, 23-3-40.O 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. Ms.Siron stated
Hearing Certification, Zoning Violations
February 14, 2006 2006-0443
Page 3 PL0824
the property owners have the Use by Special Review application ready and are waiting for the plat
map to be completed. Neither the property owners nor a representative was present, and there
was no public testimony given.
Commissioner Masden moved to refer VI #0500409 against Justin Davis and Andrea Boll to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 14, 2006,to allow adequate time for the property owners to submit a Use by Special Review
application. The motion was seconded by Commissioner Vaad, and it carried unanimously.
VI #0200149 - LUCERO: 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 pubic rights-of-way. Ms. Siron
stated the property owners have not contacted staff, and a neighbor stated no one is living at the
residence. Neither the property owners nor a representative was present, and there was no public
testimony given.
Commissioner Masden moved to refer VI#0200149 against Nicole Lucero to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI#0500351 -PEREZ/RAMIREZ: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.D, 23-3-30.1, 23-3-40, 23-3-40.0 and 23-3-40.R of the Weld County
Code. To bring the property into compliance the noncommercial junkyard must be removed, and
a Use by Special Review application must be submitted or all commercial operations and storage
must be removed. Gabriela Ramirez was present, and stated she did not know a permit was
needed for the business. Ms. Ramirez stated they are closing on property to move the business
to, and thirty days would give them time to remove the equipment from this property.
Commissioner Vaad moved to refer VI #0500351 against Pedro Perez and Gabriela Ramirez to
the County Attorney for legal action, with the instruction to delay action upon such referral until
March 14, 2006, to allow adequate time for the property owners to remove the commercial
equipment and storage, and to remove the noncommercial junkyard. The motion was seconded
by Commissioner Masden, and it carried unanimously.
VI #0500216 - RIDNOUR: Ms. Salzman presented the case report for the record and pursuant to
the case file,this property is in violation of Sections 23-3-20,23-3-30,23-3-30.1,23-3-40,23-3-40.0
and 23-3-40.R of the Weld County Code. To bring the property into compliance a Use by Special
Review permit must be submitted or all commercial auto repair must cease, and the noncommercial
junkyard must be restored, removed, or screened from all adjacent properties and public
rights-of-way. Leland Ridnour was present, and stated he was lacking one name of the mineral
owners for the Use by Special Review application. He has now tracked down the individual and
will be submitting the application. Mr. Ridnour stated he has been fencing the property to block the
view, and he will be concreting the shop so the supplies that the tarps are covering will be moved
inside and the tarps will be removed. Jerry Aites, neighbor, stated that Mr. Ridnour works at night
Hearing Certification, Zoning Violations
February 14, 2006 2006-0443
Page 4 PL0824
and the noise is seven days a week. Janet England, neighbor, stated Mr. Ridnour is a good
neighbor and has helped everyone in the neighborhood. Mr. Ridnour has had to work nights to
maintain a living and try to cover medical costs for his wife who is disabled. Ms. England stated
Mr. Ridnour is helpful, a good mechanic and is a benefit to the community. She presented a
Petition supporting the Ridnours to the Board, marked Exhibit A.
Marilyn Rupple, neighbor, stated Mr. Ridnour has cut the noise level down, and is trying to
accommodate the Aites's complaints. Diane Aites, neighbor, stated Mr. Ridnour has brought in
junk car after junk car, and it is getting worse, she has a concern with mice and rats, and there is
oil storage piling up.
Commissioner Jerke moved to refer VI #0500216 against Leland and Julee Ridnour to the County
Attorney for legal action,with the instruction to delay action upon such referral until March 14,2006,
to allow adequate time for the property owners to submit a Use by Special Review Permit, and
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 #0500209 -SWAZOE: 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, 23-3-40.0 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 a Use by Special Review application must be submitted
or the commercial vehicles in violation, and storage must be removed. Ms. Salzman stated there
is progress being made on the property and Mr. Swazoe is working with staff to clear up the
violations. Neither the property owner nor a representative was present, and there was no public
testimony given.
Commissioner Masden moved to refer VI #0500209 against Troy Swazoe to the County Attorney
for legal action,with the instruction to delay action upon such referral until March 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, and to remove the storage and commercial
vehicles in violation or submit a Use by Special Review application. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
VI #0500356 - HANSEN/DBA LAWNCARE PLUS INC: Ms. Salzman presented the case report
for the record and pursuant to the case file, this property is in violation of Sections 23-3-110,
23-3-110.B, 23-3-110.C, 23-3-110.D, 29-3-10 and 29-3-230 of the Weld County Code. To bring
the property into compliance the commercial business and storage must be removed, and the
Building Permit must be completed within the allotted time. Bob Love, neighbor, stated this
property is not zoned for business and the traffic and dust from the business is unbearable. He
further stated Mrs. Hansen is operating a hair salon business from the home, so there is all of that
traffic on top of the lawncare business, and he is also concerned about the chemicals being stored
and other problems relating to this.
Commissioner Masden moved to refer VI#0500356 against Gary Hansen, dba Lawncare Plus Inc.
to the County Attorney for immediate legal action. The motion was seconded by Commissioner
Jerke, and it carried unanimously.
Hearing Certification, Zoning Violations
February 14, 2006 2006-0443
Page 5 PL0824
VI#0500339-VALDEZ: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, 23-3-20.B, 23-3-30, 23-3-30.F, 23-3-30.1,
29-3-10 and 29-7-10 of the Weld County Code. To bring the property into compliance a letter must
be submitted converting the principle dwelling into a temporary dwelling during construction, a
building permit must be submitted for the mobile home, the third mobile home must be removed,
and the noncommercial junkyard must be restored, removed or screened from all adjacent
properties and public rights-of-way. Ms. Salzman stated the single wide has been cut in half and
is ready to be removed. Randy Valdez, property owner's son, stated his parents have been in and
out of the hospital with a number of health issues the last three years and the work on the property
had come to a stand still. Mr. Valdez stated he is in the process of moving closer to his parents
to help clean up the property and remove the third mobile home that was being used for storage.
Mr.Valdez stated the construction on the double wide is getting under way and the building permit
will be submitted.
Commissioner Jerke moved to refer VI #0500339 against John and Lupe Valdez 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 submit a letter stating they are converting the
principle dwelling into a temporary dwelling during construction on the new double wide mobile
home, submit a new Building Permit, remove the third mobile home, and 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#0500136-WHITE BEAR MANAGEMENT LLC/REED: 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, 23-3-40.R, 29-3-10 and 29-3-230 of the Weld County Code. To bring the
property into compliance a Use by Special Review application must be submitted or all commercial
equipment and storage must be removed, and a new building permit must be submitted. Sam
Reed was present, and stated the equipment was moved there after his business in Brighton
closed down. Mr. Reed is trying to sell the equipment and tanks; however, there has not been a
market for it. Mr. Reed stated he recently sold seven tanks, and some other supplies, so he is
making an effort to get the property into compliance. Mr. Reed stated he did not know he needed
a building permit to complete the pole barn on site.
Commissioner Jerke moved to refer VI #0500136 against White Bear Management LLC, do Sam
Reed to the County Attorney for legal action, with the instruction to delay action upon such referral
until March 14, 2006, to allow adequate time for the property owner to remove the remaining
commercial equipment and supplies, and to submit a new building permit. The motion was
seconded by Commissioner Vaad, and it carried unanimously.
Hearing Certification, Zoning Violations
February 14, 2006 2006-0443
Page 6 PL0824
This Certification was approved on the 22nd day of February, 2006.
i j /% APPROVED:
ATTEST: ateid r/� /� s iARD OF CO NTY COMMISSIONERS
=' LD COU/ , COLORADO
Welt ounty Clerk to ht B.��: '* U ' /.
/ r . J. Geile, Chair
BY: to 4 (24
D-: ty CI- k to the Board EXCUSED
David E. Long, Pro-Tern
TAPE#2006-01 -'2, i /1,�,_-
Wi H. J rke
Robeam D. Mas ¢n
at/ Vaa
Glenn Vaad
Hearing Certification, Zoning Violations
February 14, 2006 2006-0443
Page 7 PL0824
/
k
k z
(
co \
{ o
`_ . S
ITI t)@ \ • §
a) ( $ } / &
a) 00 \ / \ \ } $ T
S / & « •
\ ( § ! @
o V ® % � \ 4 \
o \ ~ d ��
CO , a % o
o 6 N \ \ \`� � i ®IL
CC |iii w q / « 1 / y \
w � . } ) �/ \
o co-c \ k % y % / \ m ,,--_,_k-
\
o - / 7 ,
% a
CU tocn z \ \ y a /
g \ a § \
® R Nc
» a 4 &
o _ § 6 \t\
) / / \ L / ± y
k % \ / / \ cr \ ®
C
CO
I CD . I
w
E C.
Li. p �o c
. N.
cc e �
o o ) 2 . k w \ / "rd Q
2 2 ` ` ` n, \
f #1 . .R2 \ c
$ - _ \ / Q�_
W � x N J §
o % » ��
5 w § a \ { �x\ : lci
o a Z \5� H7 9« O 2.
Z 1 i
Hello