HomeMy WebLinkAbout20062518.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on September 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 - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Sharon Kahl
County Attorney, Bruce Barker
Assistant County Attorney, Craig Emil
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Ann Siron
Planning Department representative, Michelle Martin
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 #0600221 - REYES: 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.F and 23-3-30.1 of the Weld County Code. To bring the property into compliance,
the demolition debris and the demolished mobile home must be removed. Ms.Salzman stated the
violation was continued from August 8, 2006, to allow staff adequate time to notify the property
owners of the violation hearing date. Ms. Salzman stated the notice was hand delivered by Roger
Vigil, Department of Building Inspections, on August 9, 2006, and Mr. Vigil contacted the property
owners by telephone on August 8, 2006. Neither the property owners nor a representative was
present, and there was no public testimony given.
Commissioner Long moved to refer VI #0600221 against Rosalio and Mary Ann Reyes to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Vaad,
and it carried unanimously.
VI#0600214-MONTEZ: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
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junkyard must be restored, removed or screened from all adjacent properties and public
rights-of-way. Ms. Salzman stated the violation was continued from August 8, 2006, to allow
adequate time for staff to notify the property owner of the violation hearing date. Ms. Siron stated
notification was posted on the property on August 26, 2006. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Jerke moved to refer VI #0600214 against Joe Montez to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0600278 - PRESLEY/REYNOLDS: 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 29-3-290 of the Weld County Code. To bring the property into compliance, the
manufactured home must have all inspections completed and the existing mobile home must be
removed, and a Certificate of Occupancy issued. Ms. Gregory stated the tenants have an active
zoning violation case with the County Attorney's Office on the noncommercial junkyard located on
the property. Responding to Commissioner Vaad, Ms. Gregory stated Mr. Reynolds knows the
mobile home must be removed, and the tenants are reluctant to comply with staff to get the
property into compliance. Neither the property owners nor a representative was present, and there
was no public testimony given.
Commissioner Vaad moved to refer VI #0600278 against Janet Presley and William and Laura
Reynolds to the County Attorney for immediate legal action. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
VI #0600290 - KARLBERG: 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. Ms. Gregory stated the property
owner contacted staff and needs sixty days to complete this project and to schedule inspections.
Neither the property owners nor a representative was present, and there was no public testimony
given.
Commissioner Long moved to refer VI #0600290 against Thomas and Kimberly Karlberg to the
County Attorney for legal action, with the instruction to delay action upon such referral until
November 12, 2006,to allow adequate time for the property owners to complete the work needed
and to schedule all inspections. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
VI#0500289-SCOTT: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, 23-3-40.O 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. Ms. Siron stated the property owners need a Certificate of Conveyance to
complete the Use by Special Review application and will need additional time. Responding to
Commissioner Long, Ms. Siron stated the business on site makes wood stakes for construction
purposes. Responding to Commissioner Jerke, Ms Siron stated the property owners are aware
Hearing Certification, Zoning Violations
September 12, 2006 2006-2518
Page 2 PL0824
that the Use by Special Review Permit may not be approved. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Long moved to refer VI#0500289 against Michael and Melanie Scott to the County
Attorney for legal action, with the instruction to delay action upon such referral until
October 12, 2006, to allow adequate time for the property owners to submit a Use by Special
Review Permit. The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI#0600275-CERVANTES: 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 noncommercial junkyard must be
restored or removed. Ms. Siron stated there has been no contact from the property owner and no
progress made. Neither the property owner nor a representative was present, and there was no
public testimony given.
Commissioner Vaad moved to refer VI #0600275 against Guadalupe Cervantes to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it
carried unanimously.
VI #0500403 - GOERTZEN: 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 and
23-3-40.O 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 permit must be submitted. Ms. Siron stated there has
been no contact from the property owners. Neither the property owners nor a representative was
present, and there was no public testimony given.
Commissioner Long moved to refer VI #0500403 against Dennis and Patricia Goertzen to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Vaad,
and it carried unanimously.
VI#0500015-MENG: 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.B, 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,and the mobile
home must be restored, permitted or removed. Kelly Helzer, tenant, stated she works out of town
and only has the weekends only to clean up the site. Ms. Helzer stated they have removed the
derelict trailers and have moved the cars to the end of the property. Responding to Commissioner
Geile, Ms. Siron stated the cars will have to be screened from all adjacent properties and public
rights-of-way, and the tenant must provide evidence that the mobile home have been permitted,
or obtain the proper permits. Ms. Helzer stated 120 days will be needed to complete all the work
and submit the evidence needed on the mobile home.
Commissioner Vaad moved to refer VI#0500015 against Mendell Meng 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 tenant to restore, remove or screen the noncommercial junkyard from all
Hearing Certification, Zoning Violations
September 12, 2006 2006-2518
Page 3 PL0824
adjacent properties and public rights-of-way, and to provide evidence of permits on the mobile
home. The motion was seconded by Commissioner Long, and it carried unanimously.
VI #0600223 - HERSON/EDCOM: 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,
23-3-40, 23-3-40.R, 23-4-70.B, 23-4-70.C and Appendix 23-C of the Weld County Code. To bring
the property into compliance, the number of signs must be reduced or a Use by Special permit
must be submitted, and supporting evidence for a Home Occupation permit must be submitted.
Ms. Salzman stated one sixteen-square-foot sign is allowed, otherwise a Use by Special Review
application must be submitted. Edward Herson, property owner, stated no business is being
conducted from this site, he has lived on this property for thirty-two years and has had a number
of businesses; however, this business is not operating from the home. Mr. Herson stated the
business is listed through the state as Edward Herson, not EdCom. Responding to Commissioner
Geile, Mr. Herson stated the trailers are used for agricultural purposes and he feels these trailers
are not considered signs. Michelle Martin, Department of Planning Services,stated what the Weld
County Code considers signs and how Mr. Herson's signs fall into these classifications: Free
standing, Wall Signs, Projecting Signs, and Portable Signs, all of which are on his property. Ms.
Martin stated these types of signs are not allowed in the agricultural zoning. Responding to
Commissioner Vaad, Mr. Herson stated the Centex Homes sign that is on his property was allowed
to be placed there in return for promoting his business to potential buyers. Mr. Herson stated his
interpretation of the sign code is that his signs are legal and he feels he does not have to remove
them. Mr. Herson stated he feels he does not need a Use by Special Review Permit because he
does not conduct business from his property and he cannot financially afford to apply for a permit.
Responding to Commissioner Jerke, Mr. Herson stated he has two pigs and uses the trailers to
haul hay and pig feed; also, he hauls the lawn mowers and grass from the far side of the property.
Responding to Commissioner Long, Mr. Herson stated the satellite dishes are all working and are
hooked to receivers at different times.
Commissioner Vaad moved to refer VI#0600223 against Edward and Carol Herson, dba EdCom
to the County Attorney for immediate legal action. The motion was seconded by Commissioner
Long, and upon a roll call vote, the motion carried three to one in favor of referring this case to the
County Attorney for immediate action.
VI #0600182 - HEBERT: 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 23-3-301 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
spoke with Wilidene Hebert sister of Tom Hebert, deceased. Ms. Hebert stated she was cleaning
up the property and trying to place it on the market for sale. Ms. Salzman stated this was in April,
2006, and there has been no progress made. Neither the property owners nor a representative
was present, and there was no public testimony given.
Commissioner Vaad moved to refer VI #0600182 against Tom Hebert, do Wilidene Hebert to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Jerke,
and it carried unanimously.
Hearing Certification, Zoning Violations
September 12, 2006 2006-2518
Page 4 PL0824
,
VI#0600077-VIDAURRI: 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 Gil Vidaurri contacted staff and stated there have been three deaths in the family, and he
is trying to get the property into compliance; however, he will be needing more time. Ms.Salzman
stated there has been substantial progress made and is requesting this case be continued to
October 10, 2006. Neither the property owner nor a representative was present, and there was no
public testimony given.
Commissioner Jerke moved to continue VI #0600077 against Michael and Cleto Vidaurri, Go Gil
Vidaurri until October 10, 2006, 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 Vaad, and it carried unanimously.
VI#0600040-UBEUKELLER: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 mobile homes must be
removed and the noncommercial junkyard must be restored, removed or screened from all
adjacent properties and public rights-of-way. Todd Ubel and Melany Keller, property owners,were
present and Mr. Ubel stated the cars have been removed and they are still living in the mobile
home until the house is completed. Mr. Ubel and Melany Keller stated they are not aware of the
second mobile home that staff is referring to, and that the mobile home on the site is permitted.
Ms. Salzman stated there are two mobile homes connected, and there have been no permits
submitted for either. Mr. Ubel stated they have lived in the mobile home on the property for twelve
years and were not aware of any violations. Mr. Ubel stated in July, 2001, the previous mobile
home burned down. They removed that mobile home and replaced it with a new mobile home, and
obtained all the inspections and permits needed. Ms. Salzman stated Weld County Code allows
for one principle dwelling unit per parcel; however, this mobile home has not been permited as a
Temporary Accessory during construction. Mr. Ubel stated this mobile home was inspected and
approved when it was moved on the site. Ms. Salzman stated a temporary accessory permit is
only good for eighteen months and has now expired. Responding to Commissioner Geile, Mr.Ubel
stated as soon as the house is completed, the mobile home will be removed. To complete all the
work needed to obtain a Certificate of Occupancy, he will need an additional six months. Ms.
Gregory stated the previous violation, which is now in court proceedings, was to give the property
owners 180 days to complete the principle dwelling, and that time has expired and there has been
no progress made. Responding to Commissioner Geile, Craig Emil, Assistant County Attorney,
stated the court case could be continued if the Board decides to do so. Mr. Ubel stated they were
not aware of the proceedings through the court. Ms. Salzman stated the papers will be served
through a process server and these maybe awaiting service.
Commissioner Long moved to refer VI #0600040 against Todd Ubel and Melany Keller 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 work needed on
the main house, and remove the mobile home they are now living in, and 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
September 12, 2006 2006-2518
Page 5 PL0824
VI #0600180 - HILL: 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 23-3-30.123-3-40 and
23-3-40.R of the Weld County Code. To bring the property into compliance,all commercial storage
must be removed or appropriately permitted, and the recreational vehicle must be screened or
removed. Ms. Salzman stated the property owners were contacted in 1995 regarding the mobile
home, and Lorene Hill stated to staff they did what they were told to do then and the violation was
closed in 1996. Neither the property owners nor a representative was present, and there was no
public testimony given.
Commissioner Jerke moved to refer VI #0600180 against Lorene Hill to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Vadd, and it carried
unanimously.
VI#0600173-MAVITY: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
she contacted Betty Mavity in April, 2006, and Ms. Mavity stated due to health problems they were
planning to clean up the site and place the property on the market. Responding to Commissioner
Geile, Ms.Salzman stated there are no signs or indications that the property is for sale. Neither the
property owners nor a representative was present, and there was no public testimony given.
Commissioner Jerke moved to refer VI #0600173 against Fay and Betty Mavity to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
VI #0600228 - BLANKENFELD: 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 mobile home must
be temporarily permitted or removed,and the noncommercial junkyard must be restored, removed
or screened from all adjacent properties and public rights-of-way. Kenneth and Seana Blankenfeld
were present, and stated they bought this property in January, 2006, and the mobile home was on
the site. There were no violations noted when the property was posted for sale. The mobile home
is used for storage. Responding to Commissioner Geile, Ms. Salzman stated the mobile home
does not qualify as a nonconforming use due to the fact it was never permitted. Also, the County
is not involved in verifying if there is a violation on a property when it is listed for sale. Ms.
Blankenfeld stated they are concerned this mobile home was not noted as a violation for ten or
more years, why is it now in question. Mr. Blankenfeld stated he would take the axles and wheels
off and attach it to the ground; however, this is not allowed. Ms. Salzman stated Mr. Blankenfeld
could completely demolish the mobile home and use the materials to reconstruct a permanent
structure.
Commissioner Vaad moved to refer VI #0600228 against Kenneth and Seana Blankenfeld 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 permit or remove the mobile
home. The motion was seconded by Commissioner Jerke, and it carried unanimously.
Hearing Certification, Zoning Violations
September 12, 2006 2006-2518
Page 6 PL0824
VI#0600021 -CABELLO: 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
mobile home must be removed. Ms. Salzman stated this case was previously heard by the Board
and referred to the County Attorney for immediate action; however,the property owner's daughter
contacted the County Attorney's Office and Bruce Barker is requesting this case be heard again
by the Board for reconsideration. Responding to Commissioner Geile, Mr. Barker stated Ms.
Cabello said her mother and father had placed the mobile home on the property and were told by
building inspectors they would not need a permit to use it as storage. J. D. Cabello, property
owners son, was present and stated the mobile home was placed there while the house was being
built in 2000. Mr. Cabello stated they did ask the inspectors if they needed permits for the mobile
home and were told no, it was okay to have it for storage and it has been there since 1997. Ms.
Salzman stated the mobile home was placed on the property in 1994 as a principle dwelling unit
and there was a building permit. In 2000, they applied for a building permit for a single dwelling
on an unfinished basement, and then another permit was applied for, due to the first permit
expiring. At that time, the plot plan did not include any mobile homes on the property, and the
building inspector did not make a notation of the mobile home being on the site. Due to the mobile
home not being noted, it does not meet the set backs required for this type of building. Mr.Cabello
stated the mobile home has no electricity or water, and it is not derelict, and to move it would be
a financial burden to his mother. Mr. Cabello stated they do not have the time to remove it and
built a new storage unit. Responding to Commissioner Vaad, Roger Vigil, Department of Building
Inspections, stated the instructions for completing the plot plan are printed on the back of the
Building Permits in detail, which include instructions for the offset and set back distances required
for the property, and it includes the entire lot with all buildings. Mr. Cabello stated the mobile home
was on the property already so they did not include it in their plot plan. Responding to
Commissioner Jerke, Mr. Barker stated there was no answer filed to the complaint in Court, so
there was a motion for a Default Judgement filed. Mr. Barker stated If there is an additional six
months granted, this could be applied to the court case also.
Commissioner Jerke moved to delay further action on VI #0600021 against Rosa Cabello until
March 12, 2007, to allow adequate time for the property owner to remove the mobile home and 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
September 12, 2006 2006-2518
Page 7 PL0824
This Certification was approved on the 18th day of September, 2006.
APPROVED:
ATTEST: gakefi ," , �A:OARD OF ��UNTY COMMISSIONERS
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Weld -_ my Clerk to the
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BY:
Depu�+ Clerk tore Board e�
David E. Long, Pro-T
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William . Jerke
EXCUSED
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Glenn Vaa
Hearing Certification, Zoning Violations
September 12, 2006 2006-2518
Page 8 PL0824
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