HomeMy WebLinkAbout20061269.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on May 9, 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 - EXCUSED
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
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 #0500166 - VIGIL: 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,
23-3-20.A, 23-3-30, 23-3-30.F, 23-3-30.1 and 29-3-10 of the Weld County Code. To bring the
property into compliance,the mobile home must be removed,the appropriate building permits must
be submitted, and the noncommercial junkyard must be restored, removed, or screened from all
adjacent properties and public rights-of-way. Ms.Salzman stated the violation was continued from
April 11, 2006, to allow staff time to contact the property owners of the hearing date. Ms. Salzman
stated Valerie Vigil was out of the state and has made no attempt to contact staff or to correct the
violations.
Commissioner Jerke moved to refer VI #0500166 against Sam and Valerie Vigil, Jr. to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Vaad, and it
carried unanimously.
VI #0600018 -DUNNING: 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 must have all
inspections and a Certificate of Occupancy issued. Guy Dunning Jr., property owner, stated there
was a death in the family and the funds to complete this project were used to settle the estate. Mr.
Dunning stated he is now able to complete this project and is requesting sixty days.
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Commissioner Vaad moved to refer VI #0600018 against Guy Dunning, Jr. to the County Attorney
for legal action, with the instruction to delay action upon such referral until July 9, 2006, to allow
adequate time for the property owner to complete all inspections and a Certificate of Occupancy
issued. The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0600109 - RODRIGUEZ: Ms. Gregory presented the case report for the record and pursuant
to the case file, this property is in violation of Sections 29-7-30.F and 29-8-40 of the Weld County
Code. To bring the property into compliance,the permit must have all inspections and a Certificate
of Occupancy issued. Ms. Gregory stated there have been no inspections or contact with the
property owners since August, 2005. Bruce Barker, County Attorney, stated Fred Otis provided
a letter stating he has not been in contact with Moises Rodriguez for approximately one year, and
that is why he is not representing him today. Mr. Barker stated other information on this property
is that there is a Lis Pendens and a forfeiture action due to a case that is ongoing against
Mr. Rodriguez by the United States Attorney's Office. Mr. Barker stated he has been in contact
with the United States Attorney's Office, the Town of Hudson, and other law enforcement
agencies, and they have indicated that this property may be subject to a plea-bargaining
agreement regarding those charges. Responding to Commissioner Geile, Mr. Barker stated the
United States Attorney's Office has secured this site and there is no public danger. The United
States Government will be the agency that receives the judgement regarding this property;
therefore, Weld County will not be responsible for the property once a judgement is decided.
Neither the property owners nor a representative was present, and there was no public testimony
given.
Commissioner Vaad moved to refer VI#0600109 against Moises Rodriguez to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI#0600016-GONZALEZ/EXTREME GAMEZAND EXTREME LIMO'S: 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, and the business must be removed or a Use
by Special Review application must be submitted. Ms. Salzman stated there is a recreational
vehicle storage unit in the shop on the property that will also need to be addressed in the Use by
Special Review application. Eugene and Courtney Gonzales were present, and stated the vehicles
and tires in the yard are used for the paint ball course that was set up for family use, and the signs
regarding the business have been removed and the trailer has been moved away from the road.
The limo's are inside the garage for the most part, and are out only to wash. Mr. Gonzalez stated
they do not charge admission or fees to use the inflatable games, these are for family and friends.
Mr. Gonzalez stated he did contact the Department of Planning Services, and did not have the
funds to apply for a Use by Special Review permit at that time, and he was told if he did not
advertise the business it was not a problem. Courtney Gonzalez stated this is not an actual
business on the property, the only time the games are up is when their kids are playing in them or
cleaning them. Responding to Commissioner Vaad, Mr. Gonzales stated the games that are
contracted are moved to other locations and are not booked on site. Mr. Gonzales stated when
they moved on this property it took more funds then expected and they did not have the money to
apply for the Use by Special Review permit. Now they have the funds to submit applications and
Hearing Certification, Zoning Violations
May 9, 2006 2006-1269
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are planning to do so.
Gilbert Arb, neighbor, stated this is a nice clean neighborhood, he and would like to keep it as such.
Mr.Arb stated it has been conveyed to them through friends and acquaintances, that the property
has been noted for the limos parked in the yard, and the business conducted from this site is a
problem and an eyesore. Mr. Arb stated Mr. Gonzalez knew this was not a commercial property
when he bought it. Mr. Arb presented pictures to the Board, marked Exhibit A. Mr. Arb stated if
the vehicles, boats and trailers were parked inside the garages there would be no problems with
the neighbors. Rob Davis, neighbor, stated the paint ball course is directly across the street from
his property and is not completely fenced. Mr. Davis stated the Gonzalez'are using CO2 powered
paint ball guns, which is a hazard to his three children when they are playing outside. Mr. Davis
stated the teenagers are driving fast and dangerous in the yard and is requesting that a security
fence completely screen the junkyard and the paint gun course for the protection of the
neighborhood. Mr. Davis stated there is a large pole barn on the property that could be used for
washing the limo's and cleaning the games so they would be out of view from the surrounding
properties. Mr. Davis stated since the Gonzalez' have taken over the site, the property has
diminished, and they have not done any ground treatment, so there is dirt and trash blowing. Geri
Suecoe, neighbor, stated they are no longer able to use their back yard due to the hazard of
eradicate driving by the teenagers, and paint balls coming on to their property. She is concerned
for the safety of her dogs and property. Ms. Suecoe stated she would like to see a fence put up
to screen the junkyard and to prevent the trash and weeds from blowing into the surrounding
properties. Erik Clapham, neighbor, stated he can see the trailers and limo's all hours of the day,
and he is concerned about the value of properties surrounding this site.
Mr. Gonzalez stated they wash the limo's and games in the front yard because the pole barn has
a dirt floor and there is no water or electricity in that area. Mr. Gonzalez stated they are planning
to move the games into the barn as soon as they get the Use by Special Review permit. They have
split the property in two, one side for agriculture and the business on the other side. Mr. Gonzalez
stated there is plenty of room to drive on the property without putting the neighbors in danger.
Commissioner Geile commented to the property owners that the issue before them is the
noncommercial junkyard that must be restored,removed,or screened from all adjacent properties,
and the business that must be removed or a Use by Special Review application be submitted. Mr.
Gonzalez stated he only has two cars and he feels this is not a junkyard. He does not sell or deal
in parts, and he does not do business on the property. Mr. Barker stated he will discuss these
violations with the property owners and explain what needs to be done to comply with Weld County
Code concerning this matter after the hearing.
Commissioner Jerke moved to refer VI #0600016 against Eugene and Courtney Gonzalez
dba: Extreme Gamez and Extreme Limo's to the County Attorney for legal action, with the
instruction to delay action upon such referral until July 9, 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 to submit a Use by Special Review application or remove
the business. The motion was seconded by Commissioner Vaad, and it carried unanimously.
VI#0600025-BERM UDEZ/MANDUJANO: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
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
Hearing Certification, Zoning Violations
May 9, 2006 2006-1269
Page 3 PL0824
rights-of-way, and the commercial vehicle must be removed or appropriately permitted. Rogelio
Bermudez, property owner, stated he would need some time to remove the remaining
noncommercial junkyard and he does understand what is needed to bring the property into
compliance.
Commissioner Jerke moved to refer VI#0600025 against Rogelio Bermudez and Maria Mandujano
to the County Attorney for legal action, with the instruction to delay action upon such referral until
June 9, 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 #0600038 - PRESLEY: 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 Weld County Animal Control has issued a verbal warning and a littering citation for this
property. Neither the property owner nor a representative was present, and there was no public
testimony given.
Commissioner Vaad moved to refer VI #0600038 against Janet Presley to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0100082 - GONZALES: 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, all commercial
vehicles must be removed or appropriately permitted, and the noncommercial junkyard must be
restored, removed or screened from all adjacent properties and public rights-of-way. Ms. Salzman
stated there are now two mobile homes on the site and she did speak with Enrique Gonzales on
May 21, 2006, and there has been no progress or indication of bringing the property into
compliance. Neither the property owner nor a representative was present, and there was no public
testimony given.
Commissioner Vaad moved to refer VI#0100082 against Enrique Jiminez Gonzales to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it
carried unanimously.
VI #0600029 - UNION PACIFIC RAILROAD COMPANY/ATM SALES/FELTON: 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, the business must be removed or appropriately permitted. Vickey
Leyba-Farnsworth, representative,stated they have recently completed the Use by Special Review
application except for the mineral state owners, the affidavit, and certified list of mineral owners for
the property. Ms. Farnsworth stated this should be completed soon and the application will be
submitted to the Department of Planning Services.
Hearing Certification, Zoning Violations
May 9, 2006 2006-1269
Page 4 PL0824
Commissioner Vaad moved to continue VI #0600029 against Union Pacific Railroad Company,
ATM Sales, and Darrel and Christina Felton to June 20, 2006, to allow adequate time for the
property owners to submit a Use by Special Review application. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
VI #0600089 -VEGA: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 23-3-110,
23-3-110.B and 23-3-110.C of the Weld County Code. To bring the property into compliance, the
noncommercial junkyard must be restored or removed. Ms. Siron stated screening is not an option
due to the zoning this property is located on. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Jerke moved to refer VI #0600089 against Abel Vega to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
VI #0500328 - YOUNG: 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, 23-3-40.0
and 23-3-40.R of the Weld County Code. To bring the property into compliance, derelict vehicles,
building material and other miscellaneous debris mustl be removed or screened from all adjacent
properties and public rights-of-way. Ms. Siron stated she spoke with Christopher Young and thirty
days will be enough time to complete all the work needed to bring the property into compliance.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Vaad moved to refer VI#0500328 against Christopher Young to the County Attorney
for legal action, with the instruction to delay action upon such referral until June 9, 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 #0600100 -CONTRERAS: 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.B,
23-3-40.8.16, 23-3-50 and 23-3-50.D of the Weld County Code. To bring the property into
compliance, a Use by Special Review application must be submitted, or the animal units must be
reduced. Ms. Siron stated the property owners are considering relocating the business and sixty
days will be enough time. Responding to Commissioner Jerke, Ms. Siron stated this property is
sixty-four acres, Mr. Contreras currently has 730 plus calves and is allowed 242 head. Ms. Siron
stated Mr. Contreras raises and sells calves so the numbers will vary. Ms. Siron stated there have
been a number of complaints regarding the odor. Neither the property owner nor a representative
was present, and there was no public testimony given.
Commissioner Jerke moved to continue VI#0600100 against Jorge Contreras until June 20, 2006,
to allow adequate time for the property owner to relocate the business or reduce the number of
animal units. The motion was seconded by Commissioner Vaad, and it carried unanimously.
Hearing Certification, Zoning Violations
May 9, 2006 2006-1269
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VI #0500387 - ROMERO-VARGAS: 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.O of the Weld County Code. To bring the property into compliance, a Use
by Special Review application must be submitted or the business must be removed. Ms. Siron
stated property owners will be closing on a new site and will be relocating the business to that
property in approximately one week. Neither the property owners nor a representative was present,
and there was no public testimony given.
Commissioner Vaad moved to refer VI #0500387 against Alejandro and Elvia Romero-Vargas to
the County Attorney for legal action, with the instruction to delay action upon such referral until
June 9, 2006, to allow adequate time for the property owners to move the business to a new
location. The motion was seconded by Commissioner Jerke, and it carried unanimously.
This Certification was approved on the 15th day of May, 2006.
/ % APPROVED:
ATTEST: fs •ARD OF COUNTY COMMISSIONERS
LD CO ITY, COLORADO
Wel. . ounty Clerk to the B __�+4,
BY: S 't /IA �_�, ' J. eile, Chair
De:uty Cle to the Board EXCUSED
David E. Long, Pro-Tem
TAPE #2006-02 - /r/L.—.
William H. Jerke
EXCUSED
Robert D. Masden
lenn Vaad
Hearing Certification, Zoning Violations
May 9, 2006 2006-1269
Page 6 PL0824
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