HomeMy WebLinkAbout20022517.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on September 10, 2002, at 10:00 a.m., with the following
present:
Commissioner Glenn Vaad, Chair- EXCUSED
Commissioner David E. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke - EXCUSED
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Donna Bechler
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
Planning Department representative, Trudy Halsey
Planning Department representative, Jeff Reif
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#0000087-TURECEK/BAUER: Bethany Salzman, Department of Planning Services,presented
the case report for the record and stated the property is in violation of Sections 23-3-20,23-3-20.A,
23-3-30 and 23-3-30.P of the Weld County Code. To bring the property into compliance the
property owner must remove the mobile home or apply for a Recorded Exemption and a Zoning
Permit for a Mobile Home. Ms. Salzman stated the property owners are in the process of applying
for a Recorded Exemption to split the land. There are two structures on the property used as
dwelling units in addition to the mobile home. One of the units will be applied for as a Non-
Conforming Use and the second dwelling will be the principal use that is allowed. The Recorded
Exemption will be submitted for the property on which the mobile home is located. Ms. Salzman
stated she visually inspected the property yesterday and an additional mobile home was on the site.
She further stated the property owners are aware they must apply for an additional Zoning Permit
for a Mobile Home in order to use the second mobile home as a temporary storage unit. Ms.
Salzman stated staff is in support of delaying action for 90 days to allow time for the property
owners to submit the proper applications and the waiver of the investigation fee during that time
period. In response to Commissioner Geile, Ms. Salzman stated an additional fee of$550.00 is
charged any time an application is received after the case appears before the Board.
Responding to Commissioner Geile,Jeff Bauer, mobile home owner, stated he spoke with the real
estate agent and Ms. Salzman on September 9, 2002, and everything should be submitted within
90 days. They are asking for the investigation fee to be waived because of medical hardship.
2002-2517
PL0824
Commissioner Masden moved to refer VI #0000087 against Elsie Turecek and Jeff and Becky
Bauer to the County Attorney for legal action,with the instruction to delay action upon such referral
until December 10, 2002, to allow adequate time for the property owners to submit an application
for a Recorded Exemption, and to waive the investigation fee until that date. If the case has not
been resolved at that time, the fee will be reinstated. The motion was seconded by Commissioner
Geile, and it carried unanimously.
VI #0200104 -WIEDORN: Trudy Halsey, Department of Planning Services, presented the case
report for the record and stated the property is in violation of Section 29-8-40 of the Weld County
Code. To bring the property into compliance, the property owner must complete final inspections
for flues and vents, rough-in electric, heating, and final approval. Ms. Halsey stated they sent a
certified letter and also a letter by regular mail advising the property owners of the violation hearing.
Staff has not received a receipt that the certified letter was picked up. Responding to
Commissioner Geile, Ms. Halsey stated a replacement furnace was installed and the violation was
issued because of a gas leak. Neither the property owners nor a representative was present. No
public testimony was given.
Commissioner Geile moved to refer VI #0200104 against John and Christine Wiedorn to the
County Attorney for immediate action because of the health, safety, and welfare of the property
owners. The motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0000060 -SCHAIBLE: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-20, 23-3-20. P, 23-3-30, 23-3-30.1, 23-3-40, 23-3-40.H,
23-4-140, and 29-7-10 of the Weld County Code. To bring the property into compliance, the
property owner must reduce the number of dogs to four or submit a Use by Special Review
application for a kennel, remove or screen the noncommercial junkyard from all adjacent property
owners and public rights-of-way, and convert the existing Zoning Permit for a Mobile Home as a
principle dwelling unit into a Temporary During Construction. Ms. Salzman stated she performed
a visual inspection on September 9, 2002, and much of the noncommercial junkyard has been
addressed. She spoke with the property owners who will remove the existing mobile home as soon
as the new mobile home is completed. Ms. Salzman further stated the property owners are
planning to apply for a Use by Special Review Permit and have asked for a delay of 90 days, as
well as a waiver of the investigation fees because of medical hardship. The Board viewed a video
taken by Ms. Salzman on September 9, 2002, showing both of the mobile homes.
Peter Anderson, representative, stated the property owners have removed seven large loads of
trash, including tires and debris since they moved onto the property. He stated they have also had
many problems with the new mobile home and the problems should be taken care of in 30 to 60
days. Responding to Commissioner Geile, Mr. Anderson stated Mr. Schaible has been in the
hospital with heart problems. He has spent a lot of money to clean up the property, which is why
they are requesting waiver of the investigation fee. Responding to Commissioner Masden and Mr.
Anderson, Ms. Salzman stated tarps covering vehicles have not been allowed for screening in the
past; however, buildings that block the derelict vehicles from public view are acceptable.
Hearing Certification, Zoning Violations
September 10, 2002 2002-2517
Page 2 PL0824
Commissioner Geile moved to refer VI #0000060 against Frederic and Brenda Schaible to the
County Attorney for legal action, with the instruction to delay action upon such referral until
December 10, 2002, to allow adequate time for the property owners to remove the second mobile
home,the noncommercial junkyard,and screen the derelict vehicle, and to waive the investigation
fee until that date. If the case has not been resolved at that time, the fee will be reinstated. The
motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0100341 - MAY/HAYNES: Ms. Salzman presented the case report for the record and stated
the property is in violation of Sections 23-3-20, 23-3-30, 23-3-40, and 23-3-40.H of the Weld
County Code. To bring the property into compliance, the property owner must reduce the number
of dogs to four or submit a Use by Special Review application for a kennel. Ms. Salzman stated
she spoke with the property owners and they are requesting a delay of 60 days, and also a waiver
of the investigation fee. (Switched to tape 2002-04).
Becky Haynes, property owner, stated the spelling of her last name was incorrect and should be
Haynes instead of Hains. Ms. Haynes stated she lives in a mobile home on her parents' property
because of medical conditions and was unaware of the number of dogs that were allowed on the
property until they received notice of the violation. Since then, they have removed some of the
dogs, and they will be applying for a Use by Special Review Permit for a kennel. Ms. Haynes
stated they are asking for a waiver of the investigation fee because of her mother's illness.
Commissioner Masden moved to refer VI #0100341 against Ralph and Barbara May do Becky
Haynes to the County Attorney for legal action, with the instruction to delay action upon such
referral until November 10, 2002,to allow adequate time for the property owners to apply for a Use
by Special Review Permit and to waive the investigation fee until that date. If the case has not
been resolved at that time, the fee will be reinstated. The motion was seconded by Commissioner
Geile, and it carried unanimously.
VI #0200037 - BUCHER: Ms. Salzman presented the case report for the record and stated the
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, the property owner must conform the
business to fall within the guidelines of a "Home Business"and apply for a Use by Special Review
or the business must be removed from the property. The Board viewed a video taken by Ms.
Salzman on September 9, 2002, showing firewood and tree trimming equipment on the property.
Patricia Bucher, property owner, stated she does not think it is a violation to park equipment on
their property and the firewood is for their fireplace. She presented letters and a portion of
Chapter 23 of the Weld County Code which included her notations, labeled Exhibit A,to the Board.
Responding to Commissioner Geile, Bruce Barker, Country Attorney, read the definition of a Home
Business, and stated the property owners take orders and do business in their dwelling, even
though the actual tree trimming business is done elsewhere.
Commissioner Geile moved to refer VI #0200037 against Ted and Patricia Bucher to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it
carried unanimously.
Hearing Certification, Zoning Violations
September 10, 2002 2002-2517
Page 3 PL0824
VI #0200413 - BRAND: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-20,23-3-20.A, 23-3-20.B,23-3-30, 23-3-40,and 23-3-40.L
of the Weld County Code. To bring the property into compliance, the property owner must abate
the second structure as a dwelling unit or apply for a Use by Special Review Permit for a second
dwelling unit on one parcel of land. Ms. Salzman stated at the time of the Recorded Exemption,
Mr. Brand sent a letter stating they were going to build a new home and the other home would be
used for storage and would no longer be used for residential purposes.
Alvin (Dick) Brand, property owner, stated he is a teacher in the Fort Lupton School District, and
is presently renting the second home to another teacher. He presented letters from the
Superintendent, a school counselor, and a former tenant, marked Exhibits A, B, and C. In
response to Commissioner Long, Mr. Brand stated the house has asbestos siding and will be very
costly to demolish, and will also become an eyesore if no one is living in it. Responding to
Commissioner Long, Ms. Salzman stated the property owners could apply for a Use by Special
Review Permit to allow a rental property. Mr. Barker stated another option would be to waive the
ten-year time frame on the Recorded Exemption.
Commissioner Masden moved to refer VI #0200413 against Alvin and Gail Brand to the County
Attorney for legal action,with the instruction to delay action upon such referral until December 10,
2002, to allow adequate time for the property owner to submit the application for a Recorded
Exemption, and to waive the ten-year time-frame on the prior Recorded Exemption. The motion
was seconded by Commissioner Geile, and it carried unanimously.
VI #0200216 - ROBLES: Ms. Salzman presented the case report for the record and stated the
property is also known as R and R Concrete and 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
property owner must remove the business from the site or apply for a Planned Unit Development
and a Site Plan Review Permit. The Board viewed a video taken by Ms. Salzman on September 9,
2002, showing two construction trailers, three signs in front of one of the trailers, several pieces
of commercial equipment, gas and fuel containers, and eight to ten employee vehicles parked on
the property. Responding to Commissioner Long, Ms.Salzman stated the Department of Planning
Services did receive a receipt that the certified letter was received by the property owners. Neither
the property owners nor a representative was present. There was no public testimony given.
Commissioner Masden moved to refer VI#0200216 against Ramon and Flora Robles to the County
Attorney for immediate action. The motion was seconded by Commissioner Geile, and it carried
unanimously.
VI#0200063-MACK: Ms. Halsey presented the case report for the record and stated the property
is in violation of Section 29-8-40 of the Weld County Code. To bring the property into compliance
the property owner must complete the final electric and final approval inspections. Neither the
property owners nor a representative was present. There was no public testimony given.
Commissioner Masden moved to refer VI #0200063 against Vincent Mack to the County Attorney
for immediate action. The motion was seconded by Commissioner Geile, and it carried
unanimously.
Hearing Certification, Zoning Violations
September 10, 2002 2002-2517
Page 4 PL0824
VI #0100314 - MILLER: Ms. Halsey presented the case report for the record and stated the
property is in violation of Sections 23-3-320, 23-3-20, 23-3-20.P, and 29-8-40 of the Weld County
Code. To bring the property into compliance, the property owner must complete the final approval
inspection for the manufactured home and submit applications for a Zoning Permit for a Mobile
Home and a Recorded Exemption. Neither the property owner nor a representative was present.
There was no public testimony given.
Commissioner Masden moved to refer VI #0100314 against Mary Miller and Keith Miller to the
County Attorney for legal action, with the instruction to delay action upon such referral until
October 10, 2002, to allow adequate time for staff to contact the property owners and have them
submit an application for a Recorded Exemption. The motion was seconded by Commissioner
Geile, and it carried unanimously.
VI #0200053 -ARCHULETA: Ms. Halsey presented the case report for the record and stated the
property is in violation of Sections 23-4-220, 23-7-30, 23-7-40, 23-3-230, 23-3-250.E,and 29-8-40
of the Weld County Code. To bring the property into compliance, the property owners must
complete the final approval inspection for the manufactured home and submit applications for a
Site Plan Review and Nonconforming Use. Ms. Halsey stated there have been problems getting
the correct paperwork started because the owners want to sub-divide the property to add a second
home.
Lawrence Archuleta stated he has been working with Ms. Halsey and Chris Gathman to get the
problem resolved. Mr. Archuleta stated the land is under his father-in-law's name, with himself
listed as the co-owner, and he would like to request a 90-day extension to get the paperwork
completed.
Commissioner Masden to refer VI #0200053 against Lawrence and Irma Archuleta to the County
Attorney for legal action with the instruction to delay action until upon such referral until December
10, 2002, to allow adequate time for the property owner to submit an application to subdivide the
property he co-owns with his father-in-law, Enrique Blanco. The motion was seconded by
Commissioner Geile, and it carried unanimously.
Hearing Certification, Zoning Violations
September 10, 2002 2002-2517
Page 5 PL0824
This Certification was approved on the 16th day of September, 2002.
APPROVED:
ATTEST: iite,
La BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to( ' t *iête : EXCUSED
r1J / �r. � Glead, Chair
BY: aSDeputy Clerk to the
David E. Lo , Pro-Tem
TAPE #2002-03(V) and #2002-04(V)
f�^
vv1. J. Geile
EXCUSED
Iliam H. Jerke
Robert D. Masden
Hearing Certification, Zoning Violations
September 10, 2002 2002-2517
Page 6 PL0824
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