HomeMy WebLinkAbout20062129 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on August 8, 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 - EXCUSED
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#0400147 -GURROLA: 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. Ms.Gregory stated Roger Vigil, Department of Building Inspections, spoke with Javier
Gurrola on August 7, 2006, and Mr. Gurrola stated he will need approximately thirty more days to
complete all the work needed to schedule the inspections. Mr. Gurrola also stated he will submit
a new Building Permit if he is unable to complete the work in that time frame. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0400147 against Javier and Leticia Gurrola to the
County Attorney for legal action, with the instruction to delay action upon such referral until
September 8, 2006, to allow adequate time for the property owners to complete this project and
have all the inspections completed. The motion was seconded by Commissioner Long, and it
carried unanimously.
VI #0500019 - PEREZ: 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 she spoke with
Kenneth Perez and staff is requesting ninety days for Mr. Perez to complete all the work and have
2006-2129
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all inspections completed. Neither the property owner nor a representative was present, and there
was no public testimony given.
Commissioner Long moved to refer VI #0500019 against Kenneth Perez to the County Attorney
for legal action, with the instruction to delay action upon such referral until November 8, 2006, to
allow adequate time for the property owner to complete this project and for scheduling and
completing all inspections. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0600051 - MCFARLIN: 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
23-3-110.C.6,23-3-120,23-3-120.B,23-3-120.C,23-3-120.C.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 spoke with Vernon
McFarlin on numerous occasions and the violations remain with no progress being made to correct
them. Neither the property owners nor a representative was present, and there was so public
testimony given.
Commissioner Jerke moved to refer VI #0600051 against Vernon and Fonda McFarlin to the
County Attorney for immediate action. The motion was seconded by Commissioner Masden, and
it carried unanimously.
VI #0600221 - REYES: 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 remaining demolition debris from
the mobile home must be removed. Ms. Salzman stated staff was unable to contact the property
owners on the violation hearing date and is requesting this case be continued. Neither the property
owners nor a representative was present, and there was no public testimony given.
Commissioner Masden moved to continue VI #0600221 against Rosalio and Mary Ann Reyes to
September 12, 2006, to allow staff adequate time to notify the property owners of the violation
hearing date. The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0600163 - GOODRO/WEAVER: 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, 23-3-40, 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, a Zoning Permit must be submitted to permit one semi-trailer
to be a storage unit and the other semi trailer must be removed, and all commercial activities must
be removed or appropriately permitted. Neither the property owners nor a representative was
present, and there was no public testimony given.
Commissioner Masden moved to refer VI#0600163 against Floyd Goodro and Maxine Weaver to
the County Attorney for immediate legal action. The motion was seconded by Commissioner Jerke,
and it carried unanimously.
Hearing Certification, Zoning Violations
August 8, 2006 2006-2129
Page 2 PL0824
VI#0600202-VICORY: 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 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,the recreational vehicle must be disconnected from all utilities, and the mobile home
must be removed or appropriately permitted. Ms. Salzman stated the property owners have made
substantial progress, and the recreational vehicle is now disconnected from the utilities. Edmund
and Juanita Vicory were present, and Mr. Vicory stated they have almost completed the recycling
of the vehicles for sheet metal and have obtained a permit to demolish the mobile home. Mr.
Vicory requested ninety days to complete the work needed.
Commissioner Long moved to refer VI#0600202 against Edmund and Juanita Vicory to the County
Attorney for legal action, with the instruction to delay action upon such referral until
November 8, 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 to bring the
property into compliance. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI#0600117-ZELLER: 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 a Zoning
Permit for an Accessory Structure must be submitted to allow one semi-trailer to be used as a
storage unit. Joel Zeller, property owner,stated he needs more time to complete the screening and
clean up on the site. Mr. Zeller stated financially he is unable to complete more screening;
however, he is working on removing the remaining items. Mr. Zeller stated he is in the process of
obtaining a Building Permit for the storage unit.
Commissioner Masden moved to refer VI #0600117 against Joel Zeller to the County Attorney for
legal action,with the instruction to delay action upon such referral until November 8, 2006,to allow
adequate time for property owner to restore, remove or screen the noncommercial junkyard from
all adjacent properties and public rights-of-way, and to submit a Zoning Permit for an Accessory
Structure to permit one semi-trailer to be used as a storage unit. The motion was seconded by
Commissioner Long, and it carried unanimously.
VI #0600191 -ALONZO: 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.M of the Weld
County Code. To bring the property into compliance, a Zoning Permit must be submitted to allow
one semi-truck and trailer, and all other units must be removed. Ms. Salzman stated this property
had previous violations for the same issues regarding the commercial business. Neither the
property owners nor a representative was present, and there was no public testimony given.
Commissioner Long moved to refer VI#0600191 against Salvador and Maria Alonzo to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it
carried unanimously.
Hearing Certification, Zoning Violations
August 8, 2006 2006-2129
Page 3 PL0824
VI#0200199 -GRIFFIN/G AND M EXCAVATION: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.O and 23-3-40.R of the Weld County Code. To bring the property into
compliance, all commercial equipment, storage and operations must be removed, or appropriately
permitted. Virginia Griffin, property owner, stated the property is for sale and is pending closing
on September 8th, 2006. Responding to Commissioner Geile, Ms. Griffin stated the intended
buyer is aware of the violations on the property, and the business will be moved when the closing
is completed.
Commissioner Masden moved to refer VI #0200199 against Royal Mike and Virginia Griffin, dba
G and M Excavation to the County Attorney for legal action, with the instruction to delay action
upon such referral until October 8, 2006, to allow adequate time for the property owners to sell the
property and move the business. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #07600214- MONTEZ: 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 staff was unable to contact the property owners to notify them of the violation hearing date
and is requesting this case be continued. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Long moved to continue VI #0600214 against Joe Montez to September 12, 2006,
to allow adequate time for staff to notify the property owner of the violation hearing date. The
motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0600209 - WITHERALL: 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 Section 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 stated she spoke with Troy Witherall on August 2, 2006, and Mr.
Witherall needs time to complete the screening. Neither the property owner nor a representative
was present, and there was no public testimony given.
Commissioner Masden moved to refer VI#0600209 against Troy Witherall to the County Attorney
for legal action,with the instruction to delay action upon such referral until October 8, 2006,to allow
adequate time for the property owner to 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
August 8, 2006 2006-2129
Page 4 PL0824
This Certification was approved on the 14th day of August, 2006.
APPROVED:
ATTEST: LI"%a r" -�'� ��-��'RD OF COUNTY COMMISSIONERS
ism ft ' D C NTY, COLORADO
v !'Weld unty Clerk to the oa . �
� '9 �' �� 1% eile, Chair
BY: titi 1�e4 r... /‘
De y Clem to the Board '` , �Xet ` oL
David E. Long, Pro-Te
TAPE #2006-04 / 1-1 k/--,—
WI ' m H. Jer e
Robert D. Masden
EXCUSED
Glenn Vaad
Hearing Certification, Zoning Violations
August 8, 2006 2006-2129
Page 5 PL0824
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