HomeMy WebLinkAbout20022767.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on October 15, 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
Commissioner Robert D. Masden - EXCUSED
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, Monica Mika
Planning Department representative, Wendi Inloes
Planning Department representative, Frank Piacentino
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#0100314-MILLER: Pursuant to the case file,this 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 all required inspections for the manufactured home,and submit
applications for a Zoning Permit for a Mobile Home and a Recorded Exemption. The violation was
continued from September 10, 2002,to allow the property owners time to submit an application for
a Recorded Exemption. Trudy Halsey,Department of Planning Services,presented the case report
for the record and stated she did a visual inspection of the property on October 14, 2002, and the
property is still in violation of the Weld County Code.
John Tappy, representative of the property owner, stated he started working on this project about
seven months ago. A Building Permit was issued in 1999 and Mary Miller had planned to use the
mobile home as An Assessory to the Farm. Mr. Tappy stated he applied for a Zoning Permit as
An Assessory to the Farm; however, it was denied because the farm is in the Conservation
Reserve Program except for the eighteen acres on which the mobile home is located. He stated
the two options available to him are to apply for a Recorded Exemption or a Variance, which he
does not understand. Mr. Tappy stated the mobile home is on the property, the septic system has
been dug, the lines for electricity and water have been dug and the tank and infiltrator system are
in; however, nothing has been hooked up. He stated he doesn't understand why there is a violation
because no one is living in the mobile home. Commissioner Long explained there is a violation
because the property is not zoned for a mobile home, even if no one is living there. In response
to Mr.Tappy,Wendi Inloes, Department of Planning Services, stated mobile homes can no longer
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be used as storage units. She stated the property owner should submit a letter to the Department
of Planning Services, then staff could allow the mobile home to stay on the property as a
Temporary Storage Unit for six months to allow enough time for the owners to sell it or apply for
a Recorded Exemption. Commissioner Long explained the Board's intent is to help people solve
their problems and the best way to remedy this situation would be to refer it to the County Attorney,
but delay the action for a certain period of time to allow the property owners time to apply for the
Recorded Exemption or the Variance. Mr. Tappy stated there is an issue with the well permit and
it will take six weeks to complete the process. In response to Commissioner Geile, Mr. Tappy
stated there are 317 acres in the Conservation Reserve Program, and the plans are to leave it
there indefinitely except for approximately twenty acres on which the house and mobile home are
located. He further stated the water line that has been dug is from the well to the mobile home, and
the mobile home will be livable as soon as everything is hooked up.
Commissioner Jerke moved to refer VI #0100314 against Mary and Keith Miller to the County
Attorney for legal action,with the instruction to delay action upon such referral until December 15,
2002, to allow adequate time for the property owners to apply for a Recorded Exemption or a
Variance. The motion was seconded by Commissioner Geile, and it carried unanimously.
VI #0200294-GARZA: 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,the property owners must complete
all final inspections for the manufactured home. Ms. Halsey presented the case report for the
record and stated staff has not received the certified receipt showing the violation letter was
received by the property owners. Ms. Halsey further stated she did a visual inspection of the
property on October 14, 2002, and presented pictures to the Board, marked Exhibit A, showing
there is still a noncommercial junkyard consisting of ten or more vehicles, a boat, a camper trailer,
trash, wood and inoperable farm equipment on the property.
Janey Garza, property owner, stated she has not been able to take care of this violation because
her husband is presently incarcerated, she is unsure how much longer he will have to serve, and,
does not have money to pay someone else to finish the work. Ms. Garza stated the derelict
vehicles on the property belong to other people, and even though she has asked them to remove
the vehicles numerous times,they have not been removed. She asked the County to help her with
this problem by issuing some type of document stating the vehicles need to be removed, so that
she has some type of proof to show the derelict vehicle owners. In response to Commissioner
Long, Ms. Garza stated three to six months should be sufficient time to correct the violation,
provided her husband is released from The Villa. Responding to Commissioner Geile, Ms. Garza
stated they are not living in the addition that was added to their home. Ms. Halsey stated staff
would be willing to help Ms. Garza notify the people who have their vehicles parked on the property
and provide information regarding donating their cars if they choose to do that.
Commissioner Geile moved to refer VI #0200294 against Reyes and Janey Garza 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 the property owners to remove the vehicles from their property
and finish the work on the mobile home. The motion was seconded by Commissioner Jerke, and
it carried unanimously.
VI #0200251 - TRUJILLO: Pursuant to the case file, this property is in violation of Sections
Hearing Certification, Zoning Violations
October 15, 2002 2002-2767
Page 2 PL0824
23-3-20, 23-3-30, 23-3-30.1, 23-3-40 and 23-3-40.R 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 property owners and public rights-of-way, and remove
the commercial equipment from the site. Bethany Salzman, Department of Planning Services,
presented the case report for the record and stated she personally called Ms. Trujillo on
October 10, 2002,to advise her of the violation hearing, and at that time Ms. Trujillo stated the two
dump trucks on the property belong to her ex-boyfriend. Ms. Trujillo stated she has a restraining
order against him, therefore, she is going through mutual friends to let him know the vehicles must
be removed from the property. The Board viewed a video taken by Ms. Salzman on October 14,
2002, showing the two dump trucks and some miscellaneous debris on the property. Responding
to Commissioner Jerke, Ms. Salzman stated the property in violation is a vacant piece of land at
the end of Conrad Street in North Johnstown Subdivision,which does not have a physical address;
however, the Department of Planning Services has received several complaints regarding the
violation. Neither the property owner nor a representative was present. There was no public
testimony given.
Commissioner Jerke moved to refer VI#0200251 against Christine Trujillo to the County Attorney
for immediate action. The motion was seconded by Commissioner Geile, and it carried
unanimously.
VI#0100312 -GARNER: Pursuant to the case file, this property is in violation of Sections 23-3-20,
23-3-30, 23-3-30.1, 23-3-40, and 23-3-40.R of the Weld County Code. To bring the property into
compliance, the property owner must remove all business equipment and vehicles or a Use by
Special Review application must be submitted for review. In addition,the noncommercial junkyard
must be removed, restored or completely screened from all adjacent properties and public
rights-of-way. Ms. Salzman presented the case report for the record and stated she spoke with
Mr. Garner in her office on September 27, 2002, at which time he stated the equipment on the
property belonged to his son and his son was planning to move the equipment to a piece of
property he had recently purchased in the city limits of Greeley. Ms. Salzman stated she checked
with the City of Greeley on October 14, 2002, and they have not received any permanent
applications for the site, and, once received, it will take at least 90 days to approve moving the
vehicles to the site. Upon a visual inspection on October 14, 2002, Ms. Salzman stated two of the
commercial vehicles were on the City of Greeley site. Responding to Commissioner Jerke, Ms.
Salzman stated the property in violation is southwest of Greeley and the newly purchased site in
Greeley is off First Avenue, within the city limits. Responding to Commissioner Geile, Ms.
Salzman stated during her visual inspection,she witnessed several employee's cars parked on the
property in violation. Ms. Salzman presented a copy of the Quit Claim Deed for the property to the
Board, marked Exhibit A.
Donald Garner, property owner, stated his son's business has grown tremendously since it first
began;therefore, he was planning to move his business to a piece of property they had purchased
between Highway 85 and First Avenue. His son has applied for permits; however, there are two
issues that need to be resolved. The main power line that runs through Greeley feeds on that piece
of property and Public Service is not able to meet with them for six to nine months. The second
problem has been a drainage issue and his son met with a drainage engineer to get that resolved.
His son has secured an interim piece of property at Star Ready-Mix that he can use; however, it
will be 40 to 60 days before the property is open.
Hearing Certification, Zoning Violations
October 15, 2002 2002-2767
Page 3 PL0824
Responding to Commissioner Geile, Mr. Garner stated his son suffered through several break-ins
when his business was at another location, at which time he told his son he could move his
equipment onto his property; however, the business grew from one to fifty employees in fifteen
months. They realized a new location was needed, so they bought the property in Greeley. The
building was purchased and the site work is being done; however, there are permit issues with the
City of Greeley that have to be worked out.
Commissioner Jerke reiterated that an interim site has been found that will work until the permits
with the City of Greeley can be finalized.
Commissioner Geile moved to refer VI #0100312 against Donald Garner to the County Attorney
for legal action, with the instruction to delay action upon such referral until December 15, 2002, to
allow adequate time for Mr. Garner and his son to move the equipment to the interim property. The
motion was seconded by Commissioner Jerke, and it carried unanimously.
VI#0100356-BAUMER: 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
property owner must remove, restore, or screen the noncommercial junkyard from all adjacent
properties and public rights-of-way. Ms. Salzman presented the case report for the record, stated
the certified letter regarding the violation hearing was sent on September 16, 2002, and staff has
not received the notice showing the letter was received by the property owners. She explained the
property owners live in Florida. Commissioner Long stated it is the Board's policy to continue the
violation case until the next meeting if there is no confirmation that the property owners received
notice of the hearing. Neither the property owner nor a representative was present. There was no
public testimony given.
Commissioner Geile moved to continue VI #0100356 against Luther and Georgiann Baumer until
November 12, 2002, to allow staff adequate time to notify the property owners of the violation
hearing. The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0200423 - KOOLSTRA: 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.A,23-3-40,23-3-40.E,23-3-40.E.1,23-3-40.R,29-3-10,and
29-3-320 of the Weld County Code. To bring the property into compliance, the property owner
must apply for a Use by Special Review Permit. Ms. Salzman presented the case report for the
record and stated an application for a Certificate of Compliance for an agriculturally exempt
structure was taken out on March 20, 2002. In June, 2002, a complaint was received by the
Department of Planning Services stating the building was being turned into a church building. Staff
has issued four stop work orders; however, the orders were ignored. In October, 2002, a Building
Permit application was received and Ms. Salzman pointed out to the Board that the Windsor
Church of Christ was listed on the application. She also submitted a letter from the City of Greeley
Sewer and Water Department, marked Exhibit A, regarding misuse of the water tap. The Board
viewed a video taken by Ms. Salzman on October 1, 2002, showing the inside of the structure has
been framed to include a kitchen and two bathrooms and is ready for the heating and air
conditioning to be hooked up. Ms. Salzman stated the barn on the property has been converted
to an apartment and there is a "For Rent" sign posted in front of the barn. In addition, a mobile
home has been on the site since 1993 without a permit. She also stated there is an old Use by
Special Review on the site for a dairy which will be coming before the Board shortly for a
revocation.
Hearing Certification, Zoning Violations
October 15, 2002 2002-2767
Page 4 PL0824
Ted Koolstra, property owner, stated he does not think he is in violation of the Zoning Ordinance
and he has a Building Permit for an agriculturally exempt structure which does not require
inspections. After much discussion, Mr. Koolstra, in response to Commissioner Geile, stated he
will not be farming the six acres this structure is on because he is retired; however, he does have
beef cattle on the property. In response to Commissioner Jerke, Bruce Barker, County Attorney,
stated an Agriculturally Exempt Building needs a Certificate of Compliance to show that it is
agriculturally exempt, is not hooked up to utilities, and is being used to store something of an
agricultural nature inside. In response to Commissioner Jerke, Monica Mika, Department of
Planning Services, stated large dairies are allowed to have electricity hooked to their buildings for
clean-up purposes; however, they are not to be used for human habitation. Ms Mika stated all
buildings built in Weld County must adhere to the design requirements of the Uniform Building
Code. In response to Mr. Koolstra, Frank Piacentino, Department of Planning Services, stated the
structure does not comply because the only utility allowed is electricity and Mr. Koolstra's building
has rough-ins for plumbing and mechanical in addition to electrical. Responding to Commissioner
Geile, Mr. Barker stated the violation is for proceeding without a valid Building Permit or a Use by
Special Review Permit.
Commissioner Jerke moved to refer VI #0200423 against Theodore and Marion Koolstra to the
County Attorney for immediate action. The motion was seconded by Commissioner Geile, and it
carried unanimously.
VI #9900033 - LUJAN: Ms. Salzman stated Mr. Lujan submitted the proper paperwork to make
his building permit official and requested the case be referred back to the Department of Planning
Services to pursue the building process.
Commissioner Jerke moved to dismiss VI #9900033 against Alkie and Martina Lujan. The motion
was seconded by Commissioner Geile, and it carried unanimously.
Hearing Certification, Zoning Violations
October 15, 2002 2002-2767
Page 5 PL0824
This Certification was approved on the 21st day of October, 2002.
APPROVED:
ATTEST: fate#i/ i� " B, % BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�` r�`?k? 1♦1 SED
Weld County Clerk to th Il6: E
Glen aad, hair
BY:
Deputy Clerk to the B '/U N
David E. ng, Pro-Tern
TAPE #2002-04 77,r
M. J. Gei e
William H. Jerke
EXCUSED
Robert D. Masden
Hearing Certification, Zoning Violations
October 15, 2002 2002-2767
Page 6 PL0824
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