HomeMy WebLinkAbout20022995.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on November 12, 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 - EXCUSED
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Donna Bechier
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
Planning Department representative, Trudy Halsey
Planning Department representative, Jeff Reif
Planning Department representative, Wendi Inloes
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#0100356-BAUMER: 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,
23-3-30, and 23-3-30.1 of the Weld County Code. To bring the property into compliance, the
property owner must remove, repair, or completely screen the noncommercial junkyard from all
adjacent property owners and public rights-of-way. Ms. Salzman stated the noncommercial
junkyard consists of derelict vehicles, trash, wood and miscellaneous debris. Neither the property
owner nor a representative was present. There was no public testimony given.
Commissioner Masden moved to refer VI#0100356 against Luther and Georgiann Baumer to the
County Attorney for immediate legal action.The motion was seconded by Commissioner Long,and
it carried unanimously.
VI #0100176 -CARDENAS: 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, 23-3-40, and
23-3-40.R of the Weld County Code. To bring the property into compliance, the property owner
must remove, repair, or completely screen the noncommercial junkyard from all adjacent property
owners and public rights-of-way, and remove any commercial equipment and operation from the
property. Ms. Salzman stated they took pictures of the property on November 7, 2002, and some
progress has been made.
2002-2995
(16' �• pL PL0824
Douglas Cardenas, property owner, stated he has screened much of the property and plans to get
a dumpster for the remaining items; however, there is a three week waiting period to get the
dumpster. Responding to Chair Vaad, Mr. Cardenas stated the tops of the vehicles behind the
screening can be seen from the road. In addition, Mr. Cardenas stated he recently found a
junkyard willing to take the abandoned vehicles, therefore, the vehicles will soon be removed from
the property. Mr. Cardenas stated the property was formerly rented out,and renters left the derelict
vehicles when they moved. Responding to Chair Vaad, Mr. Cardenas stated the tow truck on the
property is used to move the derelict vehicles, and is not used commercially. Responding to Mr.
Cardenas' complaints about the conditions of the surrounding property owners, Chair Vaad stated
the Department of Planning Services will commit to helping with the problem.
Commissioner Long moved to refer VI#0100176 against Douglas Cardenas to the County Attorney
for legal action, with the instruction to delay action upon such referral until January 12, 2003, to
allow adequate time for Mr. Cardenas to clean up the property and have the derelict vehicles
removed. The motion was seconded by Commissioner Geile, and it carried unanimously.
VI #0200447 - MOORE: Ms. Halsey 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, 23-3-40, 23-3-40.B.3,
and 23-3-40.F of the Weld County Code. To bring the property into compliance,the property owner
must remove, repair, or completely screen the noncommercial junkyard from all adjacent property
owners and public rights-of-way, and a Use by Special Review application must be submitted for
the airstrip. Ms. Salzman presented a packet of the Federal Aviation Regulations regarding
ultralight vehicles, marked Exhibit A, to the Board.
William Moore, property owner, stated he has raised the fence of the corral two feet to screen the
noncommercial junkyard. In response to a statement made by Ms. Salzman regarding the open
spaces between the slats, Mr. Moore stated he would complete the screening within a week. In
response to Bruce Barker, County Attorney, Mr. Moore stated he plans to smooth out the bumpy
areas of the airstrip; however, the ultralight does not require an airstrip. He stated he uses the
ultralight once every two to three months, stores it under an old horse shelter, and only uses it for
personal reasons. He further stated he does not take anyone else with him when he flies the
ultralight,and it would need to be reclassified if it had a second seat. Responding to Commissioner
Geile, Mr. Moore stated he has been a pilot since 1986; however, flying the ultralight does not
require a pilot's license.Ten hours of instruction are recommended. Responding to Commissioner
Geile, Mr. Moore stated his property is surrounded on three sides by housing developments;
however, he has planted tall trees on two sides to block the view, and his ultralight is 200 feet off
the ground before he reaches the edge of the property. He also stated he has no plans to make
changes on the rest of the acreage.
Commissioner Geile stated he does not see a difference between flying the ultralight or driving a
vehicle off the property. The Board concurred the airstrip was not in violation.
Commissioner Geile moved to refer VI#0200447 against William and Jodene Moore to the County
Attorney for legal action, with the instruction to delay action upon such referral until December 12,
2002, to allow adequate time for the property owner to complete the screening. The motion was
seconded by Commissioner Masden, and it carried unanimously.
Hearing Certification, Zoning Violations
November 12, 2002 2002-2995
Page 2 PL0824
VI #0200339 - MATSON/MATSON/WARINNER: 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, and
23-3-30.1 of the Weld County Code. To bring the property into compliance, the owner must
remove,restore,or completely screen the noncommercial junkyard from all adjacent properties and
public rights-of-way. Ms. Salzman stated she received the return receipt for the certified letter, but
has had no contact with the property owners. Responding to Chair Vaad, Ms. Salzman stated
someone on the property signed for it; however, it was not signed by the property owners. Neither
the property owners nor a representative was present. There was no public testimony given.
Commissioner Geile moved to refer VI#0200339 against Lawrence Matson, Carolyn Matson, and
Mark Warinner to the County Attorney for immediate legal action. The motion was seconded by
Commissioner Masden, and it carried unanimously.
VI #0200435 - ARNOLD: 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.P, and 23-4-140 of the Weld
County Code. To bring the property into compliance, the property owner must re-justify
ZPMH#2208 for medical hardship and change the use to a Temporary Storage of a Mobile Home,
or the mobile home must be removed from the property. Ms. Salzman stated she has not received
notification that the certified letter was delivered to the property owner. Neither the property owner
nor a representative was present. There was no public testimony given.
Commissioner Long moved to continue VI #0200435 against Phillis Arnold until December 10,
2002, to allow adequate time for staff to notify the property owner of the violation hearing. The
motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0000255 - BALL: Trudy Halsey, Department of Planning Services, presented the case report
for the record and 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 owner must complete the
needed inspections on the home which include a septic permit and inspections on rough heating,
gas test,water service,final electric,final heating,final approval and certificate of occupancy. Ms.
Halsey stated she has left phone messages for the property owners; however, her calls are not
returned and she has sent numerous certified letters with no evidence that they have been picked
up. Neither the property owner nor a representative was present. There was no public testimony
given.
Commissioner Long moved to refer VI #0000255 against Jason Ball to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Masden and it carried
unanimously.
Hearing Certification, Zoning Violations
November 12, 2002 2002-2995
Page 3 PL0824
This Certification was approved on the 18th day of November, 2002.
APPROVED:
/�ATTEST: I EcJ BOARD OF COUNTY COMMISSIONERS
'� H
' • \\WELD OUNTY, OLORADO
Weld County Clerk to th-�'@4: ,(O
/ t� {
GI-.n aad, Chair
BY: .i1 _ ,.
Deputy Clerk to the Bo jNvt cc_r 1
David E. L g, Pro-Tern
TAPE #2002-04
M. J. belle
EXCUSED
a H Jerke ji A r
Robert D. Maiden
Hearing Certification, Zoning Violations
November 12, 2002 2002-2995
Page 4 PL0824
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