HomeMy WebLinkAbout20022255.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on August 13, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David E. Long, Pro-Tern
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, Jeff Reif
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 #0000087 - TURECEK / MAYNARD / BAUER: 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, 23-3-20.A, 23-3-30 and 23-3-30.P of the Weld County Code. To bring the property into
compliance,the property owner must remove the mobile home or apply for a Recorded Exemption.
Because of medical problems, Elsie Turecek was in the hospital and unable to attend the hearing,
therefore, staff recommended a 30-day continuation.
Commissioner Geile moved to continue VI#0000087 against Elsie Turecek,Marleen Maynard,and
Jeff Bauer until September 10, 2002, to allow Elsie Turecek to recover from her hospital stay. The
motion was seconded by Commissioner Long, and it carried unanimously.
VI#0200043-OKEY DOKE FARMS do JAMES DOKE : Ms. Salzman presented the case report
for the record and stated the property is in violation of Sections 23-3-20, 23-3-20.P, 23-3-30,
23-3-30.1,23-4-140, and 29-7-10 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 public rights-of-way, and obtain a Building and Zoning permit for a Mobile
Home for the six mobile homes currently stored on the property. Ms. Salzman stated she
conducted a visual inspection of the property on August 12, 2002, and the six mobile homes were
still on the property, as well as vehicle washing equipment, campers without current license plates
and miscellaneous debris. In response to Commissioner Jerke, Ms. Salzman stated Mr. Doke and
his attorney have agreed to have everything taken care of in 90 days. Bruce Barker, County
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Attorney,stated he spoke to Mr. Doke's attorney August 12, 2002,and advised him of a landfill that
takes mobile homes. He further stated Mr. Doke questions whether a semi-trailer on the property
used to store fertilizer for his business requires a license if it is being used for business purposes
and never leaves the property. Ms. Salzman, in response to Chair Vaad,stated one of the changes
being reviewed in the Weld County Code is to allow semi-trailers to be used as agricultural storage
units without registering the vehicles, as long as they are not removed from the property. In
response to Chair Vaad's concern about keeping track of the mobile homes, Mr. Barker stated the
landfill will provide a receipt when the trailers have been delivered to them. Neither the property
owner nor a representative was present. There was no public testimony given.
Commissioner Geile moved to refer VI #0200043 against Okey Doke Farms Go James Doke, to
the County Attorney for legal action, with the instruction to delay action upon such referral until
November 13, 2002, to allow adequate time for Mr. Doke to clean up the property and that a receipt
will be required to show possession of the mobile homes after they are removed from the property.
The motion was seconded by Commissioner Long, and it carried unanimously.
VI #0200028 - MUNOZ: Ms. Salzman 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 required inspections. Mr. Barker stated he met
with the property owner on July 11, 2002, on another court case and discussed the mobile home
at that time. He further stated the property owner must finish painting a white fence and apply for
a permit or remove the mobile home from the property before September 11, 2002. Neither the
property owner nor a representative was present. There was no public testimony given.
Commissioner Long moved to refer VI#0200028 against Adolfo Munoz to the County Attorney for
legal action, with the instruction to delay action upon such referral until September 11, 2002, to
allow adequate time for the property owner to finish painting the white fence and apply for a permit
or remove the mobile home from the property. The motion was seconded by Commissioner Jerke,
and it carried unanimously.
VI #0000314 - MORGAN: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-2-200.E,23-3-20,23-3-20.A,23-3-30,23-3-30.F,and 23-3-40
of the Weld County Code. To bring the property into compliance,the property owner must reduce
the dwelling units to one per legal lot, complete a Recorded Exemption or apply for a Use by
Special Review Permit for multiple dwelling units. Ms. Salzman stated she has had numerous
discussions with the property owner. He wants to divide the property into two separate lots;
however, there have been septic problems that need to be taken care of before he can apply for
the Recorded Exemption.
Russell Morgan, property owner, stated he has employed Intermit' Land Surveying and is asking
for a 90-day extension to allow enough time for the Recorded Exemption to be approved. Ms.
Salzman, in response, stated staff is recommending a 60-day extension to allow the Recorded
Exemption to be submitted, not to go through the process of approval.
Hearing Certification, Zoning Violations
August 13, 2002 2002-2255
Page 2 PL0824
Commissioner Geile moved to refer VI #0000314 against Russell Morgan to the County Attorney
for legal action, with the instruction to delay action upon such referral until October 13, 2002, to
allow adequate time for the property owner to submit the application for a Recorded Exemption.
The motion was seconded by Commissioner Long, and it carried unanimously.
VI #0200068 - SMITH: Ms. Salzman presented the case report for the record and stated she
conducted a visual inspection of the property August 12, 2002, and the three trucks have been
removed from the property; therefore, she requests the case be dismissed.
Commissioner Long moved to dismiss case VI #0200068 against Jeff Smith. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
VI #0000295 - LARSON: Trudy Halsey, Department of Planning Services, 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 required
inspections to receive a Certificate of Occupancy. Ms. Halsey stated the property owner is an older
gentleman and his daughter has been working on the home. Responding to Chair Vaad, Ms.
Halsey stated there is no one living in the home at the present time.
Linda Edstrom, daughter of the property owner, stated she has been working on the home and is
ready to have two of the inspections finalized.
Commissioner Long moved to refer VI #0000295 against Art Larson to the County Attorney for
legal action, with the instruction to delay action upon such referral until November 13, 2002, to
allow adequate time for the property owner to complete all final inspections and receive a
Certificate of Occupancy. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0200081 - KARICH: 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. Ms. Halsey stated the property
owners did the work and stopped before the final inspections. Responding to Chair Vaad, Ms.
Halsey stated staff did receive a receipt showing the property owners had received the notice of
the violation hearing.
Neither the property owner nor a representative was present. There was no public testimony given.
Commissioner Jerke moved to refer VI #0200081 against Lou and Clara Karich to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
VI #0200104 - WIEDORN: 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. Ms. Salzman stated a
heater/air conditioner unit had been installed and did not have a final inspection by Weld County.
Hearing Certification, Zoning Violations
August 13, 2002 2002-2255
Page 3 PL0824
Responding to Chair Vaad, Ms. Salzman stated staff had been unable to personally make contact
with the property owner to inform them of the violation hearing. Neither the property owner nor a
representative was present. There was no public testimony given.
Commissioner Geile moved to continue VI #0200104 against John and Christine Wiedorn until
September 10, 2002, to allow adequate time for staff to notify the property owner regarding the
violation hearing. The motion was seconded by Commissioner Long, and it carried unanimously.
VI #0200089 - HOUGH: 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. Ms. Halsey stated the property
owners had a furnace/air conditioner unit installed and had the first inspection on July 19, 2002.
At that time a correction notice was left and a second inspection was required. Responding to
Chair Geile, Ms. Halsey stated the certified letter sent to the property owner was refused at the post
office. Responding to Commissioner Long, Jeff Reif, Department of Planning Services, stated
there is no time limit listed on a correction notice; however, the property owner has 180 days after
the permit date to make the correction. Neither the property owner nor a representative was
present. There was no public testimony given.
Commissioner Geile moved to refer VI #0200089 against Douglas Hough to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI#0200080-MELIN: 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. Ms. Halsey stated she did a drive-by
inspection on August 7, 2002, and took a photograph, but was unable to gain access to the home
to do the needed inspection. Responding to Commissioner Geile, Ms. Halsey stated the final
electrical inspection can be completed by staff; however, because the house has been completed,
documentation will be needed from an engineering firm for the footings, etcetera.
John Melin, property owner, presented documentation from an engineering firm, marked Exhibit
A, to the Board. Mr. Melin stated he is ready for the electrical inspection.
Commissioner Long moved to refer VI #0200080 against John Melin to the County Attorney for
legal action, with the instruction to delay action upon such referral until September 13, 2002, to
allow adequate time for the property owner to complete the final inspections. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
VI#0200094-DOCKWEILER: 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. Responding to Commissioner
Geile, Ms. Halsey stated the electrical connection to the air conditioner must be inspected. She
stated staff received the certification notice that the property owners received their certified letter
regarding the violation hearing; however, there was no response. Neither the property owner nor
a representative was present. There was no public testimony given.
Hearing Certification, Zoning Violations
August 13, 2002 2002-2255
Page 4 PL0824
Commissioner Jerke moved to refer VI #0200094 against John Dockweiler to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0200075- OTTINGER: Ms. Halsey presented the case report for the record and stated the
property is in violation of Section 29-8-70 of the Weld County Code. To bring the property into
compliance the property owner must complete all final inspections. Ms. Halsey stated staff did the
first inspection August 12, 2002, and many corrections need to be made. Neither the property
owner nor a representative was present. There was no public testimony given.
Commissioner Geile moved to refer VI #0200075 against Charley and Renee Ottinger to the
County Attorney for legal action, with the instruction to delay action upon such referral until
November 13, 2002, to allow adequate time for the property owners to complete the final
inspections. The motion was seconded by Commissioner Long, and it carried unanimously.
This Certification was approved on the 19th day of August, 2002.
APPROVED:
ATTEST: /atau4 n'-�'_ L4\
BOARD OF COU TY COMMISSIONERS
PitA
WELD UNTY, OL RADO
Weld County Clerk to �eb 1z, Attit
cr cy rte, r � Glenn Vaad, Chair
BY: & e ,,� �i ti
Deputy Clerk to the '� � V� 4 EXCUSED DATE OF APPROVAL
David E. L g, Pro-Tem
TAPE #2002-03
'M. J. Geile
William H. Jerke
EXCUSED
Robert D. Masden
Hearing Certification, Zoning Violations
August 13, 2002 2002-2255
Page 5 PL0824
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