HomeMy WebLinkAbout20021844.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on July 9, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David E. Long, Pro-Tem - EXCUSED
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
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#0200043-OKEY DOKE FARMS,c/o JAMES DOKE: Bruce Barker,County Attorney,reported
he had spoken with Bob Ray, representative for James Doke, and asked the Board to consider
continuing the violation until the August 13, 2002, meeting. The violation was continued from
June 4, 2002, to allow time for Mr. Doke to screen or remove the noncommercial junkyard and
remove or obtain Building and Zoning Permits for the mobile homes stored on the property. Mr.
Barker stated the property owner is aware the mobile homes on the property have to be removed.
Mr. Barker further stated he and Bethany Salzman, Department of Planning Services, will go out
to the property the last week in July or first week in August to resolve what needs to be done and
he expects everything will be completed before the next meeting.
Commissioner Masden moved to continue VI #0200043 against Okey Doke Farms, do James
Doke,until August 13,2002,to allow adequate time forthe property owner to remove the remaining
mobile homes on the property. The motion was seconded by Commissioner Geile, and it carried
unanimously.
VI #0200028 - MUNOZ: Mr. Barker stated the property owners are scheduled to be in court on
July 11, 2002, regarding another matter,and he is planning to talk to them about the Mobile Home
and Building Permits at that time. The violation was continued from June 4,2002,to allow time for
the property owners to complete the required inspections on their mobile home. Commissioner
Geile moved to continue VI#0200028 against Adolfo and Hortencia Munoz until August 13,2002,
to allow adequate time for the property owners to complete all required inspections. The motion
was seconded by Commissioner Masden, and it carried unanimously.
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re ,I L PL0824
VI #0200027 - HEFNER: Trudy Halsey, Department of Planning Services, stated the property
owners have received the Certificate of Occupancy and asked for a motion to dismiss the case.
Commissioner Masden moved to dismiss VI#0200027 against Troy and Judy Hefner. The motion
was seconded by Commissioner Geile, and it carried unanimously.
VI#0200031 -MURREN: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, 23-3-30, and
23-3-30.1 of the Weld County Code. To bring the property into compliance, the property owner
must remove, restore, or completely screen the noncommercial junkyard from all adjacent
properties and public rights-of-way. Ms. Salzman stated she has had several discussions with Mr.
Murren and during a visual inspection of the property on July 8, 2002, it was apparent that
significant progress has been made. She stated the fence is not completely opaque and some of
the items can still be seen through the slats. Additional fencing needs to be added to the backside
of the fence as well as erecting a fence on the east side of the property. The Board viewed a video
taken by Ms. Salzman on July 8, 2002, showing the fence had fallen down in some areas and
needs to be fixed.
Roland Murren, property owner, stated the tractors have been sold and will be picked up by the
buyers in August. He explained that some of the equipment is farm equipment and he does not
want to cut up the non-useable equipment at the present time because of the fire danger. Mr.
Murren stated if he has to completely fence the property,he feels other property owners in the area
should be required to do the same. Chair Vaad explained that agricultural equipment is exempt;
however, all the equipment must be looked at to see which items must be removed so it is no
longer a noncommercial junkyard. Responding to Chair Vaad, Mr. Murren stated he would be
willing to meet with Ms.Salzman to make this determination. There was no public testimony given.
Commissioner Geile moved to refer VI#0200031 against Murren Living Trust, c/o Roland Murren
to the County Attorney for legal action, with the instruction to delay action upon such referral until
August 9,2002,to allow adequate time for the property owner to completely fence the property or
remove all the nonagricultural equipment. The motion was seconded by Commissioner Masden,
and it carried unanimously.
VI#0200198 -CHAMPION CHEVROLET: 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.R,23-3-230,
23-3-230.E,and 23-3-230.F of the Weld County Code. To bring the property into compliance,the
property owner must meet the conditions of Site Plan Review#53 and submit applications for a
Change of Zone and an Amended Site Plan Review . The Board viewed a video taken by Ms.
Salzman showing approximately one-third of Lot B is covered with vehicles because of their
expansion from Lot A to Lot B without the proper permits. Ms. Salzman stated staff received a call
from the surveying company asking for an extension, but staff denied the request because the
expansion continued to occur after the violation notice was issued. Responding to Commissioner
Geile, Ms. Salzman stated Lot A is no longer in compliance with C-3 Zoning. Vehicles are being
parked in the right-of-way and the property looks nothing like the Site Plan Review in the file.
Responding to Chair Vaad, Mr. Barker explained the property had been annexed to Windsor and
then de-annexed which would have required a new Site Plan Review at that time.
John Oman from Pickett Engineering, representative for the property owner, stated they de-
Hearing Certification, Zoning Violations
July 9, 2002 2002-1844
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annexed the property from Windsor because of taxes imposed on the dealership. Responding to
Chair Vaad, Ms. Salzman stated they are also following up on a Building Permit violation which is
not part of this violation case. Responding to Chair Vaad, Mr.Oman stated they could try to tighten
the cars up to get them all on Lot A; however, Ms. Salzman stated there was not enough room on
Lot A to do that. Responding to Commissioner Geile, Mr. Oman stated a new warranty deed was
issued last week and the business is now listed as Champion Chevrolet rather than Korf Chevrolet
Dealership. There was no public testimony given.
Commissioner Masden moved to refer VI #0200198 against Champion Chevrolet to the County
Attorney for legal action,with the instruction to delay action upon such referral until August 9,2002,
to allow adequate time for the property owner to submit a Change of Zone for Lot B and complete
an amended Site Plan Review for Lots A and B. The motion was seconded by Commissioner
Geile, and it carried unanimously.
VI#0100389 -REYNOLDS: 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 remove the trailer from the property and remove, restore, or
completely screen the noncommercial junkyard from all adjacent properties or public rights-of-way.
Ms. Halsey stated she did a visual inspection of the property on July 8, 2002, and it was still in
violation. The Board showed a video taken by Ms. Halsey on July 8, 2002, showing a camper
trailer being used as a dwelling unit and a derelict mobile home on the property.
Roger Reynolds, property owner, stated he bought the property in January, 2000, and has been
trying to clean it up. He stated he runs a trash business and has added items because of the
business. Mr. Reynolds stated they take items to the Flea Market and also have yard sales several
times a year; however, because of the violation, he will donate all the items to the thrift stores and
get rid of the rest of it. He stated the derelict trailer is being stored behind a structure and will be
removed from the property next weekend. Responding to Chair Vaad, Mr. Reynolds stated he has
a teen-age daughter who likes to hang out in the camper trailer and watches television out there;
however, she does not live in it. The camper trailer will also be removed from the property next
week. Responding to Commissioner Masden, Mr. Reynolds stated he has been remodeling the
modular home on the property and was living in the derelict mobile home during the time of
construction. He was not aware the Building Permit had expired. There was no public testimony
given.
Responding to Chair Vaad, Ms. Salzman stated staff recommends the Board grant a 60-day
extension on the present permit,and if the modular home is not completed in that time,the property
owners will need to apply for a new Building Permit.
Commissioner Geile moved to referVl#0100389 against Rogerand Peggy Reynolds to the County
Attorney for legal action, with the instruction to delay action upon such referral until October 9,
2002,to allow adequate time for the property owners to clean up the noncommercial junkyard and
complete remodeling their modular home. The motion was seconded by Commissioner Masden,
and it carried unanimously.
Hearing Certification, Zoning Violations
July 9, 2002 2002-1844
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VI #0100098 - MACNEIL / SCHULER: 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 all final inspections.
Terri Schuler, property owner, stated she does not understand the permits and her husband has
procrastinated about getting things finished for the inspections. Responding to Chair Vaad, Ms.
Halsey stated the home is being lived in, therefore, she thinks the inspection can be completed in
30 days. Responding to Chair Vaad, Ms. Schuler stated the septic and electrical systems are in
place and working. She stated they had the mobile home moved in when they purchased the
property. Commissioner Geile explained the inspections need to take place or they will be unable
to sell the property at a future date. There was no public testimony given.
Commissioner Geile moved to refer VI #0100098 against John MacNeil and Terri Schuler to the
County Attorney for legal action, with the instruction to delay action upon such referral until
September 9, 2002, to allow adequate time for the property owners to have the inspections
completed and receive the Certificate of Occupancy. The motion was seconded by Commissioner
Masden, and it carried unanimously.
This Certification was approved on the 9th day of July, 2002.
APPROVED:
ATTEST: gild BOARD OF COUNTY COMMISSIONERS
t '' ` % WEL COUN/Tiy, OLORADO
Weld County Clerk to the ff.- t
lenn Vaad, UTTair
Deputy Clerk to the e • f•. �h EXCUSED
e David E. ng, Pro-Tem
e4
TAPE #2002-03 -21
M. J. eile
EXCUSED
ill m H.Jerke�
Robert D. Masden
Hearing Certification, Zoning Violations
July 9, 2002 2002-1844
Page 4 PL0824
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