HomeMy WebLinkAbout20020631.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on March 12, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David Long, Pro-Tem
Commissioner M. G. Geile
Commissioner William Jerke
Commissioner Robert 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 #0100287 - REED: Bethany Salzman, Department of Planning Services, presented the case
report for the record and stated the property is in violation of Sections 23-3-120, 23-3-120.B,
23-3-120.6.1,23-3-120.C,23-3-120.C.1,23-3-110,23-3-110.B and 23-3-110.C of the Weld County
Code. To bring the property into compliance,the owner shall remove or restore the noncommercial
junkyard which is not a Use Allowed by Right or an Accessory Use in the Residential Zone District.
The Board viewed a video taken by Ms. Salzman on March 11,2002,showing two derelict vehicles,
a boat and miscellaneous debris on the property. The violation was continued from February 12,
2002.
Ernest Reed, property owner, stated a tenant lives on the property, and when he talked to the
tenant in December, the tenant stated he would clean up the property. Mr. Reed stated he has not
been in contact with the tenant since then and is unsure when the property will be cleaned up.
Responding to Chair Vaad, Mr. Reed stated he is aware that, as the property owner he is
responsible for the clean up. Bruce Barker, County Attorney explained the procedure that will take
place if action is taken against the property owner and tenant for noncompliance. Responding to
Chair Vaad, Mr. Reed stated he will contact the tenant within 30 days, but is unsure if the property
will be cleaned up in that amount of time. Chair Vaad explained that as the owner of the property,
Mr. Reed is in control of who rents the property and how it should be cared for. Responding to
Commissioner Jerke, Mr. Reed stated he does not have a lease agreement with the tenant and
stated the tenant's name is Scott Tucker. There was no public testimony given.
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Commissioner Geile moved to refer VI #0100287 against Ernest Reed to the County Attorney for
legal action, with the instruction to delay action upon such referral until April 12, 2002, to allow
adequate time for the property owner to contact the tenant and clean up the property. The motion
was seconded by Commissioner Jerke, and it carried unanimously. Responding to Chair Vaad,
Mr. Barker once again explained the legal procedure that will take place if the property is not in
compliance after 30 days.
VI #0100239 - PEDRAZA: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-150,23-3-150.B,and 23-3-150.C of the Weld County Code.
The Board viewed the video taken by Ms. Salzman on March 11, 2002, showing several derelict
vehicles on the property. The violation was continued from February 12, 2002.
Guadalupe Pedraza, property owner, stated the property has been rented, one of the vehicles has
been removed, two of them will be towed in the next few days, and the remaining vehicle remains
to be sold. There was no public testimony given.
Commissioner Long moved to refer VI #0100239 against Frank and Guadalupe Pedraza to the
County Attorney for legal action,with the instruction to delay action upon such referral until May 12,
2002,to allow adequate time for the property owners to have two of the vehicles towed and sell the
remaining vehicle.The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI#0100268-THOMPSON: Trudy Halsey, Department of Planning Services, presented the case
report for the record and stated the property is in violation of Sections 29-8-40 of the Weld County
Code. To bring the property into compliance, the property owner must obtain all needed final
inspections. The violation was continued from February 12, 2002. In response to Chair Vaad, Ms.
Halsey stated the property owner had the well put in the day after the February 12th hearing, and
the septic system, the skirting, steps and landing, electrical finals, and hooking up the generator
need to be completed before the final inspections.
Thomas Thompson, property owner, stated the septic system will be installed on Thursday, the
generator will be hooked up, and he will be ready for the final inspection on Friday. In response
to Commissioner Geile, Mr. Thompson stated the size of his generator is 5,000 watts. There was
no public testimony given.
Commissioner Long moved to refer VI #0100268 against Thomas Thompson to the County
Attorney for legal action, with the instruction to delay action upon such referral until April 12, 2002,
to allow adequate time for the property owner to obtain all final inspections. The motion was
seconded by Commissioner Geile, and it carried unanimously.
VI #0100327 - EHRLICH: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-20, 23-3-20.B, 23-3-30, and 23-3-30.1 of the Weld County
Code. To bring the property into compliance the property owner must remove or completely screen
the noncommercial junkyard from all adjacent properties and all public rights-of-way. Additionally,
a Temporary during Construction Zoning Permit must be obtained to allow dwelling to occur in the
camper/trailer/recreational vehicle. Ms. Salzman stated the property owner has been in contact
with the Department of Planning Services and is currently in the process of obtaining a Building
Hearing Certification, Zoning Violations
February 12, 2002 2002-0631
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Permit. He has been working diligently on his home and as soon as it is completed, he plans to
apply for a permit to build a shop/garage for storage and erect a fence. Ms. Salzman presented
two letters from concerned citizens marked as Exhibit A. The Board viewed a video taken by Ms.
Salzman on March 11, 2002, showing the progress that has been made. Responding to
Commissioner Geile, Ms. Salzman stated Mr. Ehrlich has corrected one violation and is no longer
living in the camper/trailer since he moved into the house.
Timothy Ehrlich, property owner, stated the items on his property that some people consider
derelict are agricultural pieces of equipment and he plans to store them in his shop/garage as soon
as it is built. Responding to Chair Vaad, Mr. Ehrlich stated he was unaware that any of his
neighbors had complained and was given a copy of those letters by Ms. Salzman. He further
stated he will need till the end of June to get his fieldwork completed and build the shop/garage.
Responding to Commissioner Geile, Mr. Ehrlich stated he is renting the semi-trailers on his
property to store his shop equipment until the shop/garage is built.
Commissioner Long moved to refer VI #0100327 against Timothy Ehrlich to the County Attorney
for legal action, with the instruction to delay action upon such referral until July 12, 2002, to allow
adequate time for the property owner to obtain a Building Permit for the garage and fence. The
motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #9900121 - FRANCO: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-20, 23-3-20.B, 23-3-30, 23-3-30.1, 23-3-50 and 23-3-50.D
of the Weld County Code. To bring the property into compliance,the property owner must remove
or completely screen the noncommercial junkyard from all adjacent properties and all public
rights-of-way. The number of animal units must be reduced and a Building Permit must be
obtained for the recent addition. Lastly,only one living unit is allowed to occupy the residence. Ms.
Salzman stated she sent the property owners a certified letter informing them of today's violation
hearing and received the signed confirmation that it had been received; however, neither the
property owners nor a representative was present. In addition, Animal Control informed the
property owners that they needed to contact the Department of Planning Services regarding the
number of animals on the property. Commissioner Geile stated he would like to proceed
immediately with this violation because he has personally seen up to 15 vehicles parked on the
property on several occasions in addition to many animals and the noncommercial junkyard. The
Board viewed the video taken by Ms. Salzman on March 11, 2002, showing the property is located
on the corner of Weld County Road 392 and U.S. Highway 85. There was no public testimony.
Responding to Commissioner Jerke, Ms. Salzman stated the definition of a living unit is one family
plus up to three additional individuals whose place of residence is with the family. The family
definition includes an individual or group of two or more persons related by blood, marriage or
adoption or living together.
Commissioner Geile moved to refer VI #9900121 against Jose and Rosa Franco to the County
Attorney for immediate legal action. Commissioner Geile also requested a process be established
to verify that those who are living on the property are in compliance with the rules and regulations
of the Weld County Code. The motion was seconded by Commissioner Masden and it carried
unanimously.
VI #0100187 -CARLSON: 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, 29-3-10 and 29-8-40 of
Hearing Certification, Zoning Violations
February 12, 2002 2002-0631
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the Weld County Code. To bring the property into compliance, the property owner must cease
operation of the paint and restoration shop. In addition, the Building Permit for the garage became
inactive and as a result, expired. Ms. Salzman stated she received a complaint that Sherwin
Williams has been making weekly stops at this address,and upon a visual inspection including staff
from the Department of Public Health and Environment, they could not find any evidence of
painting taking place inside the shop.They did find a large layer of dust that may have accumulated
from doing auto body work. Ms. Salzman stated she spoke to Mr. Carlson yesterday and he stated
friends and associates drop their vehicles off at his home so he can take them to other sites to
work on them. She explained to him that in order to bring the property into compliance, vehicles
that do not belong to him or are intended to be taken to another facility to be worked on, cannot be
allowed to remain on the property because this would be considered a Temporary Business. In
addition,Sherwin Williams cannot continue to drop off weekly supplies related to the business. Ms.
Salzman stated she has given Mr. Carlson applications for a Home Occupation Use for the office
located in his home, as well as an application for a Building Permit, because the former owner let
the permit expire before the final Certificate of Occupancy inspection. The Board viewed the video
taken by Ms. Salzman on March 11, 2002, showing three vehicles on the property that are waiting
to be painted.
Gary Carlson, property owner, stated after talking to the Department of Planning and Zoning, he
decided it is not feasible to continue his business under their guidelines and is in the process of
moving his business to the Town of Johnstown. He stated he subcontracts for two companies in
Fort Collins and one in Longmont, and plans to move the entire business into Johnstown as soon
as all the paperwork is completed with the town's planning and zoning department.
Christine Buxman, surrounding property owner, stated she and her husband Darwin, as well as
other neighbors, are strongly opposed to the painting and repair work that has been taking place
on Mr. Carlson's property. Ms. Buxman presented her letter and several letters from neighbors
who have complaints, marked Exhibits A and B.
Commissioner Geile moved to refer VI#0100187 against Gary Carlson to the County Attorney for
legal action, with the instruction to delay action upon such referral until April 12, 2002, to allow
adequate time for the property owner to move the vehicles off his property, apply for the new
Building Permit and to submit the application for the Home Occupation Use if he chooses to keep
the office in his home. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI #0100097 - HARRIS: Ms. Halsey presented the case report for the record and stated the
property is in violation of Section 29-8-40 and 29-3-60 of the Weld County Code. To bring the
property into compliance the property owner must clean up all debris from the property and obtain
all final inspections. Ms. Halsey stated they had been working with Richard Harris, son of Ruth
Harris, when all progress ceased and they have been unable to contact him.
Jerry Harris, son of Ruth Harris, stated he lives with his mother, and both his mother and his
brother, Richard, are in ill health. Mr. Harris stated they have been trying to clean up the debris
from the structure that burned, six cars are ready to be towed off the property, he is in compliance
with Animal Control and has disposed of the horse,dog, and cats and has been working on cutting
the weeds. Mr. Harris stated he has had a hard time cleaning up the burned debris because of lack
Hearing Certification, Zoning Violations
February 12, 2002 2002-0631
Page 4 PL0824
of equipment and time. Chair Vaad explained outside assistance can be arranged if they need
help. Responding to Commissioner Vaad, Mr. Harris stated even though he lives on the property,
his brother, Richard, is the one to contact because he works out there during the day. There was
no public testimony given.
Commissioner Jerke moved to refer VI #0100097 against Ruth Harris to the County Attorney for
legal action, with the instruction to delay action upon such referral until June 12, 2002, to allow
adequate time for the property owner to clean up the rest of the property. The motion was
seconded by Commissioner Masden, and it carried unanimously.
This Certification was approved on the 18th day of March, 2002.
APPROVED:
ATTEST: /) / /t` /l' L BOARD OF COUNTY COMMISSIONERS
�f WELD OUNTY, O RADO
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Weld County C erk to t r .= st0 4V
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BY:
Deputy Clerk to the B (o y'\
David E. L g, Pro-Tem
TAPE #2002-02(V)
M. J. eile
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Robert D. Masden
Hearing Certification, Zoning Violations
February 12, 2002 2002-0631
Page 5 PL0824
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