HomeMy WebLinkAbout20061619.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on June 20, 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, Bruce Barker
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Ann Siron
Health Department representative, Trevor Jiricek
Animal Control Officer representative, Gary Schwartz
Animal Control Officer representative, Chris Haffner
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#0600029-UNION PACIFIC RAILROAD COMPANY/ATM SALES/FELTON: 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, 23-3-40 and 23-3-40.R of the
Weld County Code. To bring the property into compliance, ATM Auto Sales must be permitted or
removed from the property. Ms. Salzman stated the violation was continued from May 9, 2006, to
allow time for the property owners to submit a Use by Special Review application. Ms. Salzman
stated the property owners had submitted a Use by Special Review application and are requesting
this case be referred back to the Department of Planning Services. Neither the property owners
nor a representative was present, and there was no public testimony given.
Commissioner Long moved to refer VI #0600029 against Union Pacific Railroad Company, ATM
Sales, and Darrel and Christina Felton back to the Department of Planning Services. The motion
was seconded by Commissioner Jerke, and it carried unanimously.
VI #0600100 - CONTRERAS: 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, 23-3-40, 23-3-40.B, 23-3-40.6.16, 23-3-50 and 23-3-50.D of the Weld County Code. To
2006-1619
PL0824
bring the property into compliance, the calf operation must be permitted through a Use by Special
Review application, or the animal units must be reduced. Ms. Siron stated this violation was
continued from May 9,2006,to allow adequate time for the property owner to relocate the business
or reduce the number of animals. Ms. Siron stated during the previous inspection in March,
additional huts were placed on the site and an estimated thirteen hundred calves were on the
property, on which only two hundred and forty two are allowed by Use by Right. Ms. Siron
requested sixty days to allow the property owner to relocate or to submit a Use by Special Review
application. Ron Grant, surrounding property owner, stated he has a concern with water and the
resale value of his property. Mr. Grant stated the business moved into the area after the
neighborhood was established, and now there is a large number of cattle, with more coming in.
Mr. Grant stated the odor and the smell of dead animals was so overwhelming that the Health
Department was contacted. Mr.Contreras then removed the dead animals from the site. Mr.Grant
stated he does not know if Mr. Contreras has separate wells or if the water for the business is from
the home well. Angela Grant, neighbor, stated this business has become overwhelming, and she
has the same concerns as Mr.Grant. Neither the property owner nor a representative was present.
Commissioner Long moved to refer VI #0600100 against Jorge Contreras to the County Attorney
for legal action, with the instruction to delay action upon such referral until August 20, 2006, to
allow adequate time for the property owner to relocate, or submit a Use by Special Review
application. The motion was seconded by Commissioner Masden, and it carried unanimously.
VI#0600128-HILLER: 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, and all household trash
must be removed from the property. Trevor Jiricek, Department of Public Health and Environment,
stated the household trash will need to be removed as soon as possible, and the noncommercial
junkyard can be removed in a different time frame. Gary Schwartz and Chris Haffner, Sheriffs
Office, Department of Animal Control, stated there is an ongoing investigation involving livestock
on Mr. Hiller's property and he has prior convictions for the same problems. Mr. Schwartz stated
it is not the number of animals on the property, it is the condition and care of the animals that is the
concern in this case. Stanley Hiller, property owner, stated his correct address is 13509 CR 4,
Brighton, Colorado. Mr. Hiller stated he feels he is being harassed by the Sheriff's Office, and this
violation is another way of harassing him. Mr. Hiller stated the trash on his property has been
dumped there by a person, who has been arrested before in Weld County, and feels the derelict
vehicles and trash in the yard are not the problem. Mr. Hiller further stated he is working seven
days a week, ten hours a day, and will need more time to clean up the yard and finish screening
the noncommercial junkyard. Responding to Commissioner Geile, Ms. Salzman stated staff will
work with Mr. Hiller and recommended ninety days to allow time for the property owner to complete
all work needed to bring the property into compliance.
Commissioner Long moved to refer VI #0600128 against Emma Hiller, c/o Stanley Hiller, to the
County Attorney for legal action, with the instruction to delay action upon such referral until
September 20, 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 remove all
the household trash. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
Hearing Certification, Zoning Violations
June 20, 2006 2006-1619
Page 2 PL0824
VI#0600144-CASTILLO: 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, removed, or screened from all adjacent properties and public rights-of-way, or copies of
current registrations must be provided for the derelict vehicles. Ms. Siron stated Mary Castillo's
son contacted her, and will be faxing copies of the registrations for all the vehicles. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0600144 against Mary Castillo to the County Attorney
for legal action, with the instruction to delay action upon such referral until July 20, 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 fax the vehicle registrations to staff.
The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI#0600140-SAND: 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 removed
from the property. Virginia Sand, property owner, stated she is working to clean up the site, has
placed an advertisement in the paper to sell the derelict vehicle, and also she has screened the
porch. Ms. Siron pointed out areas on the property that still need to be addressed, and Ms. Sand
stated she understands what is needed to bring the property into compliance.
Commissioner Long moved to refer VI #0600140 against Virginia Sand to the County Attorney for
legal action, with the instruction to delay action upon such referral until July 20, 2006, to allow
adequate time for the property owner to remove the noncommercial junkyard from the property.
The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0500400 -BERTHOUD GUN CLUB/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,
23-3-40 and 23-3-40.N of the Weld County Code. To bring the property into compliance, a Use
by Special Review application must be submitted. Ms. Salzman stated a Use by Special Review
application has been submitted and requested 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 Masden moved to refer VI #0500400 against Berthoud Gun Club, c/o Mel Green
back to the Department of Planning Services. The motion was seconded by Commissioner Jerke,
and it carried unanimously.
VI #0600129 - KIPP: 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 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. Ms.
Salzman stated there is an additional concern that a recycling business is being conducted from
this site, and requested immediate action be taken by the County Attorney's Office. Neither the
property owner nor a representative was present, and there was no public testimony given.
Hearing Certification, Zoning Violations
June 20, 2006 2006-1619
Page 3 PL0824
Commissioner Jerke moved to refer VI #0600129 against Ellen Kipp to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI#0600037-COWAN: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 and 23-3-30.L 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
trailer must be removed or permitted through a Zoning Permit for an Accessory Structure. Ms.
Salzman stated there has been substantial progress in the screening. Lona Cowan, property
owner, stated they have been making progress; however, have had some unexpected financial
expenses. Ms. Cowan stated they will continue to work to get the property into compliance.
Commissioner Jerke moved to refer VI #0600037 against David and Lona Cowan to the County
Attorney for legal action, with the instruction to delay action upon such referral until
September 20, 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, and the
semi-trailer removed or appropriately permitted. The motion was seconded by Commissioner
Vaad, and it carried unanimously.
VI#0600118-HERNANDEZ: 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 household trash must be removed, and all commercial vehicles and
storage must be permitted or removed. Guadalupe Hernandez, property owner, was present and
Erie Helm, interpreter, stated Mr. Hernandez understands the violations and will work with staff to
bring the property into compliance. Mr. Hernandez is needing some time to sell two of the trucks
and submit a Zoning Permit for the remaining truck. Responding to Commissioner Geile, Ms.
Salzman stated staff will prepare a list and explain each item needed to bring the property into
compliance to Mr. Hernandez. Responding to Commissioner Jerke, Ms. Salzman stated the
household trash must be removed as soon as possible; however, sixty days will be enough time
for Mr. Hernandez to apply for the Zoning Permit and to complete the screening around the
noncommercial junkyard.
Commissioner Jerke moved to refer VI #0600118 against Guadalupe Hernandez to the County
Attorney for legal action, with the instruction to delay action upon such referral until
August 20, 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 or
permit all commercial vehicles. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
VI#0600120-IBARRA: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
Hearing Certification, Zoning Violations
June 20, 2006 2006-1619
Page 4 PL0824
home must be permitted or removed. Ms. Salzman stated staff is requesting this case be referred
to the County Attorney for immediate action. Neither the property owners nor a representative was
present, and there was no public testimony given.
Commissioner Vaad moved to refer VI #0600120 against Cesar and Maria lbarra to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
VI #0600074 -ABEYTA/C/O SIMENTAL: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.C,
23-3-110.C.4, 23-3-130, 23-3-130.B, 23-3-130.C and 23-3-130.C.1 of the Weld County Code. To
bring the property into compliance, all commercial vehicles must be removed or a Zoning Permit
application must be submitted, and the noncommercial junkyard must be removed. Beatrice
Abeyta-Simental and Adolfo Simental, property owners, stated they have been trying since
February, 2006, to remove the items on the property. Ms. Abeyta-Simental stated they have a
trucking business on the site. Ms. Salzman stated the property south of Ms. Abeyta-Simental is
zoned Agriculture, and Ms. Abeyta-Simental and Mr. Simental are parking approximately four
semi-trailers on that property, in addition to the two parked along the road right-of-way. The
neighbor to the south will be in violation if the semi-trailers are not moved from his property. Mr.
Simental stated two semi-trailers are not parked on the right-of-way all the time, only for repair
work. Responding to Commissioner Geile, Ms. Salzman stated the property owners must meet
with staff to discuss all options available for this property and what needs to be done to clear up
violations. This property is Zoned Residential and the semi-trailers are not allowed. Responding
to Commissioner Geile, Ms. Salzman stated both the property owners and property owner to the
south will need to meet with Planning staff to discuss what will be allowed or permitted in this area.
Commissioner Jerke moved to refer VI #0600074 against Mr. and Mrs. Joe Abeyta (Heirs of) do
Adolfo and Beatrice Simental back to the Department of Planning Services. The motion was
seconded by Commissioner Masden, and it carried unanimously.
VI #0600080 - CHAVEZ/CORONA: 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 the fencing needs to be completed around the last side of the property.
Commissioner Vaad stated his concern with the notification to the property owners of the violations
and hearing date.
Commissioner Vaad moved to continue VI #0600080 against Robert Chavez and Jose Corona to
July 11, 2006, to allow time for staff to notify the property owners of the violations and hearing date.
The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0600130 - MARTINEZ: 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.F of the Weld
Hearing Certification, Zoning Violations
June 20, 2006 2006-1619
Page 5 PL0824
County Code. To bring the property into compliance, the mobile home must be permitted or
removed from the property. Ms. Salzman stated there has been no contact from the property
owner. Neither the property owner nor a representative was present, and there was no public
testimony given.
Commissioner Vaad moved to refer VI#0600130 against Eduardo Martinez to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI#0600131 -BINDER: 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.A.1 of the Weld County Code. To bring the property into compliance, the Zoning
Permits must be re-justified or removed. Ms. Salzman stated staff received a letter from Howard
Binder stating he would not be able to attend today's hearing and requested this case be continued
to July 11, 2006. Neither the property owner nor a representative was present, and there was no
public testimony given.
Commissioner Long moved to continue VI #0600131 against Howard Binder until July 11, 2006,
to allow adequate time for the property owner to be able to attend the hearing. The motion was
seconded by Commissioner Masden, and it carried unanimously.
VI #0600064 -THIES: 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, all household trash
must be removed, and the derelict vehicles cannot be stored inside the Ag Exempt structures. Ms.
Salzman stated the property owners have started to burn some of the trash in one of the pits;
however, there is still iron, metal, and the derelict vehicles that will need to be restored, removed
or screened. Joan Thies, property owner, stated she brought pictures to submit to the Board of her
property, marked Exhibit A. Ms.Thies stated they have moved the vehicles behind the barn, there
are no neighbors to the north or to the west and they are not visible from the road. Responding
to Commissioner Geile, Ms. Salzman stated they have received a number of complaints due to the
high congestion of subdivisions in this area.
CommissionerJerke moved to dismiss VI#0600064 against Joan Thies.The motion was seconded
by Commissioner Masden, and upon a roll call vote, the motion carried five to zero in favor of
dismissing this case.
VI#0600060-ADAMS: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 and storage must be appropriately permitted or
removed from the property. Ms. Salzman stated she spoke with John Adams prior to the hearing
and Mr. Adams stated he is wanting to sell the property, and the building permit is close to being
completed. John Adams, property owner, stated the house on the property is almost completed,
Hearing Certification, Zoning Violations
June 20, 2006 2006-1619
Page 6 PL0824
he is waiting on the plumbing and electrical work to be completed, and then he will be selling the
property.
Commissioner Masden moved to refer VI #0600060 against John Adams to the County Attorney
for legal action, with the instruction to delay action upon such referral until September 20, 2006,
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 all commercial vehicles and storage.
The motion was seconded by Commissioner Long, and it carried unanimously.
VI #0400194 - ZINDEL: 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, the permit for the pole barn must
have all inspections completed and a final approval. Ms. Gregory stated the property owner's
husband contacted her and stated all work will be completed in thirty days. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Long moved to refer VI #0400194 against Jennifer Zindel to the County Attorney
for legal action, with the instruction to delay action upon such referral until August 20, 2006, to
allow adequate time for the property owner to complete all inspections and receive final approval.
The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0600165 -SIERRA VISTA ESTATES: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, the permit for the manufactured home must have all
inspections completed and a Certificate of Occupancy issued. Ms. Gregory stated inspections
were completed on June 12, and 14, 2006; however, there are still numerous inspections to be
completed. Neither the property owners nor a representative was present, and there was no public
testimony given.
Commissioner Jerke moved to refer VI #0600165 against Sierra Vista Estates to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Vaad, and it
carried unanimously.
VI #0600166 - SIERRA VISTA ESTATES: 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, the manufactured home must have all inspections
completed and a Certificate of Occupancy issued.
This case was heard with VI #0600165, and Ms. Gregory stated there are numerous inspections
to be completed and a Certificate of Occupancy issued. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0600166 against Sierra Vista Estates to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Vaad, and it
carried unanimously.
Hearing Certification, Zoning Violations
June 20, 2006 2006-1619
Page 7 PL0824
This Certification was approved on the 26th day of June, 2006.
APPROVED:
ATTEST: iiudd E 6 RD OF COUNTY COMMISSIONERS
-` D CO TY, COLORADO
ISO
Weld unty Clerk to the
lLl 3 ,,M. ile, Chair
BY:
Dep y Clerk o the Board
David E. Long, Pro-Tem
TAPE#2006-03 (V)
Wiam H. Jerke ��•
Robert D. Masden
UO—dA
Glenn Vaad
Hearing Certification, Zoning Violations
June 20, 2006 2006-1619
Page 8 PL0824
C4 a s
s
c z � 1
a> z O L
m o N-. r\. O .. .CD p
c
5N
a)
ca S
a h
45 S,
SU
\^ a
o ta. 1:m \ 1
o +
� v
w ° l� C 2
w c
o c
w co
H 3
A �i
E cn
AAq l\ M l O ON
$ d ~ r 1J vo
v
cn co G
I E uI
i
o c
o
W
= L
Z W d o 1 CZ
O d cr �� , r
Hello