HomeMy WebLinkAbout20020413.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on February 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, Carol A. Harding
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
Planning Department representative, Trudy Halsey
Planning Department representative, Jeff Reif
Planning Department representative, Kim Ogle
Public Works representative, Drew Scheltinga
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#0100044-GAUGER: Bethany Salzman, Department of Planning Services,presented the case
report for the record and stated the property is in violation of Sections 23-3-330, 23-3-330.B, 23-3-
330.B.1, 23-3-330.E,23-3-350, 23-3-350.G and 23-3-350.G.2 of the Weld County Code. To bring
the property into compliance, the owner shall complete the Site Review Plan process. Kim Ogle,
Department of Planning Services, stated the original application for a Site Plan review was
submitted on December26,2000,although no progress has been made in meeting the outstanding
issues of said Site Plan. Drew Scheltinga, Department of Public Works,stated staffs main concern
is that the building has a parking lot in front which is accessed by a road which runs parallel to U.
S. Highway 85. Staff recommends closure of this road, since vehicles cannot safely turn left from
the road onto Weld County Road 2.5, then onto Highway 85. Mr. Scheltinga stated there is an
existing entrance in use, from the back of the property which lies further east of the road.
Responding to Commissioner Jerke, Mr. Scheltinga said the properties south of this building do not
use this particular road, they access their properties from 5th Avenue and, to his knowledge, use
of this road is minimal. Responding further to Commissioner Jerke, Mr. Scheltinga stated he has
done no right-of-way research, however, it most likely belongs to CDOT. Commissioner Jerke
stated it may be best to have the appropriate jurisdiction vacate and barricade, the road. Chair
Vaad ascertained from staff that the video would be of no benefit, since the issue is an unfinished
Site Plan.
Julio Martinez represented Mike Gauger, who was also present. Mr. Martinez stated the building
was designed to have the front access for customers, with the entrance onto Poke Avenue. He
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said it was originally built in 1972 and has had the front access for customers for 30 years. Mr.
Martinez said there is no way a tractor/trailer can leave the subject property and turn south on Poke
Avenue, only cars, pickups, and Subarus use this access from Mr. Gauger's property, although
there are other tractor/trailers that come down that road. Mr. Martinez stated Mr. Gauger does
want to maintain his front parking and access to the building, and another concern is emergency
access from the west side to his property and those lying further south. Mr. Martinez stated the
original Site Plan Review application which was submitted in December of 2000, was to change
the site into storage for various uses, such as Recreational Vehicle parking, boat storage, and
addition of storage buildings. He indicated Mr. Gauger initially had investors for the site, although
he has lost those investors because of the problems with the Department of Planning and failure
to get Site Plan approval, therefore, he has now scaled down his plans and no new buildings will
be constructed,only the existing buildings will be used. Mr. Martinez stated there were some other
violations on the property,with trailers,a sign, and Tuff sheds protruding past his property line, and
he affirmed those have all been removed or moved to a more appropriate location. He indicated
Mr. Gauger needs the highway frontage and display area for his business, and stated another
solution would be to prevent left hand turns from Poke Avenue onto Weld County Road 2.5.
Responding to Commissioner Jerke, Mr. Martinez stated all the shipping and receiving take place
on the east side of the building, all the customers come into the west side, but tractor/trailers do
not access from the west.
Responding to Chair Vaad, Mr. Ogle stated the property is zoned 1-3, this is the third Site Plan
Review; and includes outdoor parking for trailers, Recreational Vehicles, and boats. Mr. Martinez
also indicated an area of approximately 40 square feet in the large building, broken down into one
mechanic bay and several offices are rented to a company using gravel trucks. He stated they
park on the east side of the building, and Mr. Ogle indicated that is an acceptable use in the 1-3
District. Mr. Martinez stated Mr. Gauger does not manufacture Tuff Sheds, he only sells them,
therefore, ten or twelve are kept on the property for display purposes, and they have been moved
north of the parking lot. Mr. Ogle stated the violation is the outdoor storage of the Tuff Sheds.
Chair Vaad stated there have apparently been many misunderstandings between staff and the
applicant, and he clarified the violation is failure to complete the Site Plan Review approved for
storage of the sheds, and Mr. Martinez stated this is a product on display, not storage. Mr.
Martinez reiterated he has no control over trucks coming from south of his property onto that road;
however, making the road with no left hand turn allowed would be appropriate. Responding to
Chair Vaad, Mr. Scheltinga stated although he used a truck for his measurements, it is not safer
for cars to turn left at that intersection and it would not be designed in the same manner today. Mr.
Martinez stated Mr. Gauger does not have the funding available, since he has lost$34,000 on this
project since the Site Plan Review was filed a little over a year ago. Mr. Martinez stated Mr.
Gauger has no other available funds, the plan has been scaled way down because of all this, and
they continue to make efforts to make the property more presentable at the front. He stated to
change the entrance is a big expense, and it will affect his business with a loss in revenue and
sales if he loses his front access. Chair Vaad stated he is perplexed because the intersection is
outside of the property line, and the entrance is several hundred feet from Weld County Road 2.5,
therefore, it is quite a stretch to make him close the front access. Chair Vaad questioned why there
has been no other activity to complete the Site Plan Review. Mr. Martinez stated Cal Stacey, who
submitted the original site plan review, stole $20,000 from Mr. Gauger, and criminal charges are
pending against him. He stated Mr. Gauger is overwhelmed because of the various violation
notices, and he feels he has to keep the front access. He said they have made a number of
changes; however,they still get notices of being in violation, and they feel overwhelmed about how
to pursue the Site Plan Review. Mr. Martinez stated he paid Todd Hodges in excess of$3,000 to
Hearing Certification, Zoning Violations
February 12, 2002 2002-0413
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deal with the Site Plan Review; however, to date no progress has been made. Mr. Martinez stated
he has made attempts to correct the problems, but the biggest misunderstanding is the status of
the Site Plan Review application. He stated Mr. Gauger simply wants to build trailers, sell Tuff
sheds, and park trucks in the back. Chair Vaad explained to Mr. Gauger that he needs to talk
specifically to Department of Planning Services staff to find out exactly what remains to be done.
Responding to Commissioner Geile, Mr. Ogle stated that, although the facilities were built in 1972,
two Site Plan Reviews have been processed by previous owners, therefore, they are not exempt
because of the date of the Zoning Ordinance. He also stated the applicant has been given staff
comments as to how to proceed, and Chair Vaad stated the object should be to bring the property
into compliance, not punish people. Mr. Martinez responded to Chair Vaad that Mr. Gauger is
prepared to complete the Site Plan Review; however, it may move slowly because of lack of funds,
and he reiterated he cannot lose his front access.
Commissioner Geile moved to refer VI #0100044 against Mike Gauger to the County Attorney for
legal action, with the instruction to delay action upon such referral until May 13, 2002, to allow
adequate time for the appropriate Site Plan Review to be completed. The motion was seconded
by Commissioner Masden, and it carried unanimously. Commissioner Jerke stated, as
Commissioner Coordinator for the department, he wants to be kept informed on the progress of
this matter, and stated this is not a good example of providing uncomplicated, unburdensome
government, responsive to the people. Chair Vaad explained to Mr. Gauger that this is being
referred to the County Attorney, and after 90 days he will check to see if it is completed or if
significant progress has been made before proceeding with further action.
VI#0100233-FERNANDEZ/GUTIERREZ: 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, 23-3-30, 23-3-40,
23-3-40.6.15, and 23-3-40.B.16 of the Weld County Code. To bring the property into compliance
the property owner shall apply for a Use by Special Review Permit or cease all roping arena
activities. Ms. Salzman stated Mr. Fernandez has said that 60 days would be adequate time to
submit a Use by Special Review application. Mr. Fernandez'brother-in-law was present and stated
he is in the process of getting paperwork ready, he does understand the violation, and 60 days
would be adequate. Commissioner Geile ascertained this is a business being run, that people are
being charged to use the arena. He then moved to refer VI #0100233 against Javier Fernandez
and Gabriela Gutierrez to the County Attorney for legal action, with the instruction to delay action
upon such referral until the 13th day of April, 2002, to allow adequate time for the Use by Special
Review application to be submitted. The motion was seconded by Commissioner Jerke, and it
carried unanimously.
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.
She stated there is a stove in the driveway, and three to five derelict vehicles located on the
property. The Board viewed the video displaying the violations. Responding to Chair Vaad, Ms.
Salzman stated staff has not received receipt of notification, and Chair Vaad indicated he would
like to try once more to notify the owners.
Commissioner Geile moved to continue VI #0100239 against Frank and Guadalupe Pedraza until
March 12, 2002, to allow adequate time for notification of property owners. The motion was
seconded by Commissioner Long, and it carried unanimously.
Hearing Certification, Zoning Violations
February 12, 2002 2002-0413
Page 3 PL0824
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. Responding to Chair Vaad, Ms. Halsey stated the owner has only had early stage
inspections, he needs all final inspections completed, although it appears he is living there. Jeff
Reif, Department of Planning Services, stated only the initial setback, blocking and tie-down
inspections were completed, and all others are outstanding. He also stated the inspection card
furnished to the applicant does list all required inspections. Thomas Thompson, property owner,
stated he has been trying to get R & R Well Drilling Company there to drill his well since
September, however, it has not been completed. He stated he is going to get the paperwork from
them and have someone else drill the well, but it will cost$10,000 to have electricity tied in and he
does not know when he will be able to afford it. Responding to Chair Vaad, Mr. Thompson said
no one is living on the property at this time; however, he did go out last Friday to feed the horses
and got stranded there through Saturday. He also stated his furniture is at the property because
he has nowhere else to store it. Responding to Commissioner Geile, Mr. Thompson stated he is
planning to use a hand pump on the well, not electric. He said he tried to get a loan from HUD but
did not qualify, and he currently owns a 5,000-watt generator he will use. Mr. Reif said a generator
would be acceptable, however, he would still need an inspection. Chair Vaad stated that still does
not address the lack of water or septic system. Mr. Reif said the Health Department may allow a
cistern,which would be less costly and more quickly available, and Mr. Thompson could also work
with them regarding the septic system. Responding to Chair Vaad, Mr. Thompson stated staff has
tried to work with him on these issues, and a 30-day delay would allow him time for further
discussions to determine other methods and other agencies for assistance.
Commissioner Jerke moved to continue VI #0100268 against Thomas Thompson until March 12,
2002, to allow adequate time for further discussion with staff and other agency. The motion was
seconded by Commissioner Masden, and it carried unanimously.
VI #0100276 - CISNEROS: 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. Mr. Reif stated the final
electrical and steps/landings inspection are the only ones remaining. Jesus Cisneros, owner,was
present and, responding to Chair Vaad, stated he will arrange access within 30 days.
Commissioner Long moved to refer VI #0200276 against Jesus Cisneros to the County Attorney
for legal action,with the instruction to delay action upon such referral until March 12, 2001,to allow
adequate time to complete the final inspections. The motion was seconded by Commissioner
Geile, and it carried unanimously. Commissioner Jerke requested Mr. Reif to talk to Mr. Cisneros
today to schedule the inspection.
VI#0100287 - REED: Ms. Salzman stated she received a card back from the tenant, but not from
the owner. Commissioner Masden moved to continue VI#0100276 against Ernest Reed to March
12, 2002, to allow adequate time for notification of the owner. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
Hearing Certification, Zoning Violations
February 12, 2002 2002-0413
Page 4 PL0824
This Certification was approved on the 20th day of February, 2002.
APPROVED:
ATTEST: LI, / IFf" &`% BOARD OF COUNTY COMMISSIONERS
WE�UNTY, COLORADO 1861 ( .�� ti� m%
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Weld County Clerk to 2�/'
♦ , s["`a nn Vaad, Chair
BY: /i G- - Ic:�,ti _ -
Deputy Clerk to the 6.-
David E. <, g, Pro-Tern
TAPE #2002-01(V)
. J. Geile
Tarn
Hrk
I4obert D. Masden
Hearing Certification, Zoning Violations
February 12, 2002 2002-0413
Page 5 PL0824
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