HomeMy WebLinkAbout20020134.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on January 8, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
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, 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 #0100240 -WALKUSCH: 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, 23-3-30,
23-3-30.1,23-3-40,23-3-40.O,and 23-3-40.R 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. Additionally,a Use by Special Review Permit
must be submitted and a plat recorded or the business must cease to operate. Ms. Salzman stated
the violation was continued from November 13, 2001, to allow time for Mr. Walkusch to have his
eye repaired;however,he was unable to have eye surgery before today's hearing and is requesting
an extension.
John Walkusch, property owner, stated he needs to have eye surgery before he can drive truck
again, and presented a copy of the insurance information, marked Exhibit A, to the Board. He
further stated he has cleaned up the noncommercial junkyard. Responding to Commissioner
Vaad, Mr. Walkusch stated he has been working as a mechanic on site to provide an income until
he can drive truck again. Ms. Salzman, in response to Chair Vaad, stated the only violation at the
present time is operating a business on the property without a Use by Special Review Permit.
Responding to Commissioner Geile, Mr.Walkusch stated the shape of his eye was changed when
he was in an accident and he lost the vision in that eye.
John Ward, surrounding property owner, stated Mr. Walkusch has been operating his repair
business on the property for the past four or five years and did not start the business because of
his disability. Responding to Mr. Ward, Mr.Walkusch stated he previously worked as a mechanic
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to supplement his income; however, he did not work full time as a mechanic until after he was
injured in the car accident. Responding to Chair Vaad, Mr. Walkusch stated Ms. Salzman had
sent him the paperwork for a Use by Special Review Permit, but he did not read it. Chair Vaad
commented Mr. Walkusch is running a commercial operation in opposition to the County Code.
Responding to Commissioner Geile, Bruce Barker, County Attorney, stated the case can be
referred to the County Attorney and delayed for 30 days, pending the outcome of the Use by
Special Review process.
Commissioner Geile moved to refer VI #0100240 against John Walkusch to the County Attorney
for legal action, with the instruction to delay action upon such referral until February 8, 2002, to
allow adequate time for Mr. Walkusch to clean up the property or apply for a Use by Special
Review Permit. The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0000239 - HANKINS: Ms. Salzman presented the case report for the record and stated the
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 or completely screen the
noncommercial junkyard from all adjacent properties and all public rights-of-way. Additionally, the
derelict mobile home must be restored or removed. The Board viewed a video taken by Ms.
Salzman on January 7,2001, showing camper truck toppers,derelict boats,appliances,wood,and
miscellaneous debris. Ms.Salzman stated Mr. Hankins has made some progress,but is requesting
additional time because of poor health.
Jess Hankins, property owner, stated he is attempting to clean up the property; however, because
of bad lungs he is unable to work outside during cold weather. He stated he is also unemployed
and, therefore, unable to license his boat and trailer at this time. Responding to Chair Vaad, Mr.
Hankins stated the storage trailer has been sealed, he plans to burn the wood as soon as he can
get a Burning Permit,and will screen the vehicles and other items as soon as the wood is no longer
in the way. Responding to Commissioner Geile, Ms. Salzman stated the mobile home on the
property was permitted as a storage unit several years ago. There was no public testimony given.
Commissioner Geile moved to refer VI #0000239 against Jess and Ruth Hankins to the County
Attorney for legal action, with the instruction to delay action upon such referral until April 8, 2002,
to allow adequate time for the property owners to clean up the property,screen the noncommercial
junkyard, and repair the mobile home. The motion was seconded by Commissioner Long, and it
carried unanimously.
VI #0000100 - SCHOTTELKOTTE: Ms. Salzman presented the case report for the record and
stated the property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-40, 23-3-40.H, and
29-11-40 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
all public rights-of-way. Additionally, the derelict mobile home must be restored or removed, and,
the number of cats must be reduced to no more than four or a Use by Special Review application
must be submitted for a kennel. Ms. Salzman stated no one lives on the property and Ms.
Schottelkotte requested an extension because of financial and medical problems which she refused
to address. The Board chose not to view the video taken by Ms. Salzman on January 7, 2001,
because the property owner was not present. Responding to Chair Vaad, Ms. Salzman stated Ms.
Schottelkotte does not live on the property, but she puts food out for the cats. Responding to Chair
Hearing Certification, Zoning Violations
January 8, 2002 2002-0134
Page 2 PL0824
Vaad, Mr. Barker stated he could send a letter to Ms. Schottelkotte asking her to state her medical
problem. There was no public testimony given.
Commissioner Jerke moved to refer VI #0000100 against Barbara Schottelkotte to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
VI #0100266 AND VI #0100267 - SKAPPEL: Trudy Halsey, Department of Planning Services,
presented the case report for the record and stated the property is in violation of Section 29-3-10
of the Weld County Code. To bring the property into compliance, the property owner must obtain
a Building Permit and pass all final inspections. Ms. Halsey stated she posted a letter on the
property regarding the hearing today; however, the property owner is not present. Responding to
Chair Vaad, Ms. Halsey stated the property owner has placed two mobile homes side by side with
a four-foot breezeway adjoining them. Responding to Chair Vaad, Jeff Reif, Department of
Planning Services, stated two manufactured homes are allowed to be placed side by side if they
are physically attached for a single family residence; however, they are not permitted to have any
type of structure built between them. Ms. Halsey stated although the first mobile home has the
required permit, the second mobile home does not have a permit. There was no public testimony
given.
Commissioner Long moved to refer VI #0100266 and VI #0100267 against Gary Skappel to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Jerke,
and it carried unanimously.
This Certification was approved on the 14th day of January, 2002.
APPROVED:
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ATTEST: /� I�j, BOARD OF COUNTY COMMISSIONERS
fell'u`-' ELD COUNTY, OLORADO
1861 {fre,
Weld County Clerk to the r'a '
BY: Yi� ,-p • r. Yi'-1P` u: le aad, Chair
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Deputy Clerk to the Boar:�'� )
David E. Lo , Pro-Tem
TAPE #2002-01
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William H. Jerke
EXCUSED
Robert D. Masden
Hearing Certification, Zoning Violations
January 8, 2002 2002-0134
Page 3 PL0824
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