HomeMy WebLinkAbout20023175.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on December 10, 2002, at 10:00 a.m., with the following
present:
Commissioner Glenn Vaad, Chair
Commissioner David E. Long, Pro-Tem
Commissioner M. J. Geile - EXCUSED
Commissioner William H. Jerke
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, Robert Anderson
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#0200435-ARNOLD: 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.P, and 23-4-140 of the Weld County Code. To bring the property into compliance the
property owner must re-justify the Zoning for a Mobile Home Permit as a medical hardship, change
the use to a Temporary Storage of a Mobile Home, or remove the mobile home from the property.
The violation was continued from November 12, 2002, to allow adequate time for staff to notify the
property owner of the violation hearing. Ms. Salzman stated the medical hardship has expired,and
the property owner has been unable to pick up the certified letters; however, the mobile home will
be removed by December 31,2002. Responding to Commissioner Jerke, Ms. Salzman stated Ms.
Arnold will be moving the end of the month and taking the mobile home with her, therefore, staff
recommends a (30) thirty day extension.
Phyllis Arnold, property owner, was present; however, she did not address the Board. There was
no public testimony given.
Commissioner Long moved to refer VI#0200435 against Phyllis Arnold to the County Attorney for
legal action,with the instruction to delay action upon such referral until January 10, 2003, to allow
adequate time for Ms. Arnold to remove the mobile home from the property. The motion was
seconded by Commissioner Masden, and it carried unanimously.
2002-3175
PL0824
VI #0100207 -GRABRIAN: 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,
23-3-30.1,23-4-130,and 29-3-10 of the Weld County Code. To bring the property into compliance
the noncommercial junkyard must be removed, restored, or screened from all adjacent properties
and public rights-of-way, two mobile homes must be removed or applications for new Zoning
Permits for Mobile Homes must be submitted,the recreational vehicles must be removed or abated
as dwelling units,and the illegal subdivision of the property must be corrected through a Recorded
Exemption and Subdivision Exemption. Ms. Salzman stated the recreation vehicles have been
used as dwelling units and much of the noncommercial junkyard belongs to another person. In
response to Commissioner Jerke, Bruce Barker, County Attorney, stated the violation can include
the person using the property; however, the property owner is ultimately responsible for the clean
up.
Ronald Grabrian, property owner, stated the noncommercial junkyard consists of many items of
farm related machinery. An acquaintance, Mike DuBois, moved many of the items to Mr.
Grabrian's property when he quit farming. Mr. Grabrian stated he has informed Mr. DuBois the
machinery needs to be removed; however, he has not received a response and does not feel he
should remove any of the equipment without Mr. DuBois' consent. Mr. Grabrian also stated he
would like to retire in another year and perhaps build a new home on the property. He stated his
hired help live in the recreation vehicles at this time to help him with the operation of the dairy farm.
Mr. Grabrian also stated he obtained permits when the other stick built homes were moved onto
his property; however, he did not hire a surveyor or legalize the transaction. There was no public
testimony given.
Chair Vaad commented staff understands the situation and screening would be another option for
the noncommercial junkyard. He also explained Mr. Grabrian can apply for new Zoning Permits
for Mobile Homes; however, the recreational vehicles cannot be used as residences. Responding
to Commissioner Jerke,Robert Anderson,Department of Planning Services,stated staff is working
with Mr. Grabrian on a Recorded Exemption to place the three stick-built homes on individual lots,
therefore, he will have legal saleable property.
Commissioner Jerke moved to refer VI#0100207 against Ronald and Sue Grabrian to the County
Attorney for legal action,with the instruction to delay action upon such referral until March 10,2003,
to allow adequate time for the property owners to screen or remove the noncommercial junkyard,
remove or abate the recreational vehicles, remove or apply for Zoning Permits for the two mobile
homes, and complete the Recorded Exemption. The motion was seconded by Commissioner
Masden, and it carried unanimously.
VI #0200318 - HUTT: Ms. Salzman presented the case report for the record and stated the
property is no longer in violation of the Weld County Code. She stated the noncommercial junkyard
has been removed and the number of dogs has been limited to four.
Commissioner Long moved to dismiss case VI #0200318 against Cynthia Hutt. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
Hearing Certification, Zoning Violations
December 10, 2002 2002-3175
Page 2 PL0824
VI#0200511 -DICKERSON/FRASER: 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,
23-4-40, 23-4-160, 29-5-10, 29-5-10.A, and 29-7-10 of the Weld County Code. To bring the
property into compliance, the property owner must remove both mobile homes, remove or
completely screen the noncommercial junkyard from all adjacent properties and public rights-of-way
and obtain an electrical permit for the pump house. Ms. Salzman stated she was recently informed
by David Dickerson, Paul Dickerson's son, that his father passed away October 20, 2002. The
tenant is presently in the process of trying to obtain ownership of the property, and David
Dickerson, the current owner, is trying to retain ownership of the property, therefore, staff
recommends a delay of (90) ninety days for the litigation to be completed.
David Dickerson,co-executor of the estate,stated he initially brought the violation to Ms.Salzman's
attention. He stated Ms. Fraser brought two mobile homes onto the property which were in
violation of the Weld County Code, and should he prevail in the litigation case, he does not want
the mobile homes on the property. He further stated his attorney and Ms. Fraser's attorney are in
the process of solving the ownership problem. Mr. Dickerson also stated the mobile homes have
been removed at this time.
Robin Fraser, tenant, stated she has lived on the property for three years, and has cleaned up
numerous piles of car parts, motors, and miscellaneous debris that was on the property when she
moved in. She stated she and Paul Dickerson went through mediation a year ago; however, Mr.
Dickerson did not abide by the mediation agreement, therefore, the sale did not take place at that
time. Ms. Fraser submitted a file, marked Exhibit B, to the Board to view.
Commissioner Jerke moved to refer VI #0200511 against David Dickerson to the County Attorney
for legal action,with the instruction to delay action upon such referral until March 10, 2003,to allow
adequate time for the litigation to be completed. The motion was seconded by Commissioner
Masden, and it carried unanimously.
Hearing Certification, Zoning Violations
December 10, 2002 2002-3175
Page 3 PL0824
This Certification was approved on the 16th day of December, 2002.
APPROVED:
ATTEST: /// /��/ r E R, 6.% BOARD OF COUNTY COMMISSIONERS
J6f7rtA/ �D�l A. /Z % OUN WEL CTY, COLORADO
, �Weld County Clerk tot `Bo: �;C�,` ��' l�P.u�a_ �?,
y '' " GI- 'n ' -ad, Chdtr A FNf BY: • ' _ I
Deputy Clerk to the B1` 'N q v,
David E. Long, Pro-Tern
TAPE #2002-04 EXCUSED
M. J. Geile
illiam H. Jerke
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obeli D. Ma den
Hearing Certification, Zoning Violations
December 10, 2002 2002-3175
Page 4 PL0824
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