HomeMy WebLinkAbout20021283.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on May 14, 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
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 #9900254 - PETERSON: 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,
23-3-40, 23-3-40.R, 26-2-60 and 26-2-60.A of the Weld County Code. To bring the property into
compliance, the property owner must complete and submit a new Planned Unit Development
application, and if approved, a Site Plan Review application will be required. Ms. Salzman stated
the the property owner is in violation for being in a Mixed Use Development Area with an existing
commercial trucking business without the proper permits. She further stated the correct situs
address should be 2010 State Highway 119, Longmont, Colorado.The Board viewed a video taken
by Ms. Salzman on May 13, 2002, showing the trucks used for business purposes.
Nancy Dayton from Dayton Land and Real Estate, representative, stated she had previously come
before the Board regarding a Recorded Exemption request for a parcel south of this property. At
that time, it was discovered Mr. Peterson's property had been illegally separated in 1973, so they
included his parcel in their Recorded Exemption request, and three parcels were created and
approved by the Board with some conditions. Ms. Dayton stated they have been trying to comply
with the conditions, and the final maps were taken to the Department of Planning Services last
week regarding the Recorded Exemption. She stated Mr. Peterson was under the assumption that
he could not proceed until the parcel became legal and asked her to help him get the parcel
properly re-zoned and re-plated. Mr. Peterson broke his hip in April and has requested an
extension of time. Responding to Chair Vaad, Ms. Salzman stated staff would agree to a 30 day
extension and both of the applications could be submitted at the same time. There was no public
testimony given.
2002-1283
Cc '. PL PL0824
Commissioner Geile moved to refer VI#9900254 against Ernest Peterson to the County Attorney
for legal action, with the instruction to delay action upon such referral until June 14, 2002, pending
the receipt of the Planned Unit Development and Site Plan Review applications by the Department
of Planning Services. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI #0200041 -VEGA/LUZ: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-20, 23-3-20.B, 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 public rights-of-way, and remove the
derelict mobile home from the property. The Board viewed a video taken by Ms. Salzman on
May 13, 2002, showing the mobile home has been demolished except for the bottom frame, one
derelict vehicle remains, and a pile of wood that appears to be building material. Ms. Salzman
further stated she received a complaint that people are living in the garage, but no one was there
when she did the inspection. Commissioner Masden stated he had also received a call on May 13,
2002, regarding an additional dwelling unit. Neither the property owners nor a representative was
present. There was no public testimony given.
Commissioner Long moved to refer VI #0200041 against Santos Vega and Yadira Luz to the
County Attorney for immediate legal action.The motion was seconded by CommissionerJerke,and
it carried unanimously.
VI #0200026 - WHISTON / VANFOSSEN / ZIRK / NELSON: 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, remove or have the mobile homes permitted. Ms.
Salzman stated that utilizing the recreational vehicles as dwelling units is not an approved use
through the Weld County Code. The Board viewed a video taken by Ms. Salzman on May 13,
2002, showing six to eight derelict vehicles, car doors, tires, engines, wood, building material
debris, and storage containers. Responding to Commissioner Geile, Ms. Salzman stated the
vehicles and debris are on the southwest corner of the acreage. She further stated she will be
referring this portion of the site to the Department of Public Health and Environment because of
oil stains and building materials found on the property. In addition, there are two stick built homes
and two mobile homes along Weld County Road 26; however, no one appears to be living on the
property in violation.
Bob Whiston, property owner, presented pictures and copies of letters that he and his wife sent to
the other property owners, marked Exhibit A, to the Board. Mr. Whiston stated much of the debris
has been removed since the violation was issued; however, the person who formerly rented the
property from his wife's sister, Robin Nelson, is no longer in the area, and the current renter is
attempting to clean it up. Responding to Commissioner Geile, Mr. Whiston stated the entire parcel
is co-owned by the four family members and the boundaries have been established through a
family agreement because the Department of Planning Services does not allow them to divide the
property into as little as 13.666 acre parcels. Commissioner Geile explained the property owners
are all equally responsible for the clean-up, even though only one of the sisters allowed someone
to store his "junk" on her portion of the property.
Hearing Certification, Zoning Violations
May 14, 2002 2002-1283
Page 2 PL0824
Darrel Vanfossen, property owner, stated he lives next to the portion of the property in violation.
He reiterated the family has tried to divide up the property; however, the Department of Planning
Services does not allow them to split the parcels into the acreages the family has agreed upon.
Mr. Vanfossen stated no one is living on that portion of the property at the present time and the
camper trailer has been removed. Responding to Chair Vaad, Mr. Vanfossen stated it will take two
months to finish cleaning up the property. Responding to Commissioner Geile, Mr. Vanfossen
stated the person who left the debris on the property is Danny Kulp Jr. of Pack-Rat Battery Service.
Warren Luman, surrounding property owner,stated he is satisfied with the clean-up project as long
as there is a final inspection by the Department of Planning Services. He is also concerned with
the Russian thistles growing on the property because the seeds blow onto the surrounding
properties, and asks that the weeds be controlled.
Responding to Commissioner Jerke, Ms Salzman stated she will check with Ron Broda,
Department of Public Works, to see if anything can be done about the weed complaint since the
Russian thistle is not considered a noxious weed. She stated staff will support a 60-day extension.
Commissioner Geile moved to refer VI#0200026 against Cheryl Whiston, Darrel Vanfossen, Dani
Zirk, and Robin Nelson to the County Attorney for legal action,with the instruction to delay action
upon such referral until July 14, 2002, to allow time for the property owners to clean up the
property. The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0100366 - VELTRI: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-20, 23-3-20.B, 23-3-20.P, 23-3-30, 23-4-130, and 29-7-10
of the Weld County Code. To bring the property into compliance the property owner must complete
and submit a Building Permit and a Zoning Permit for the mobile home or remove the mobile home.
Ms. Salzman stated she spoke with the property owner who was unaware that a new permit was
needed when they replaced the mobile home that was on the property when they purchased it. Ms.
Salzman futher stated she has found no qualifications for applying for a mobile home on the
property, so she informed the property owner that the mobile home needs to be removed. The
Board chose not to view the video taken by Ms. Salzman on May 13, 2002.
Pat Veltri, property owner, stated they have rented the stick built house on the property since 1994
and purchased the property in February, 2001. The mobile home had been on the property the
entire time they lived there and they were told by the realtor that it was grandfathered in. Ms.Veltri
stated the mobile home was removed from the property at the time they bought it, so they replaced
it with another mobile home for their daughter to live in, or for a caretaker to live in when they are
away from home on business; however, they will remove it if it is a violation. (Switched to tape
2002-03) Chair Vaad explained there are options available for medical hardships or as an
accessory to farm if they wish to apply at the Department of Planning Services. Commissioner
Geile stated the property owners would also have the option of presenting a case against the
realtor who sold them the property if there was a misrepresentation. There was no public testimony
given.
Commissioner Long moved to refer VI #0100366 against John and Pat Veltri to the County
Attorney for legal action,with the instruction to delay action upon such referral until July 14, 2002,
to allow time for the property owners to find out the options or remove the mobile home. The
motion was seconded by Commissioner Masden, and it carried unanimously.
Hearing Certification, Zoning Violations
May 14, 2002 2002-1283
Page 3 PL0824
VI#0100163-JARAMILLO: Trudy Halsey, Department of Planning Services, presented the case
report for the record and stated the property is in violation of Section 23-8-40 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. Responding to Chair Vaad, Ms. Halsey stated
she sent a certified letter indicating the violation hearing, but it was returned unclaimed. On
May 10,2002,she attached the letter to the mailbox and the people in the house watched her place
it there, but there was no personal contact with them. Responding to Chair Vaad, Jeff Reif,
Department of Planning Services, stated corrections on the final electric and final approval
inspections need to be completed. Bruce Barker, County Attorney, stated staff must have some
personal contact with the owner to be sure they are aware of the violation hearing. There was no
public testimony given.
Commissioner Jerke moved to continue VI#0100163 against Jose and Rita Jaramillo until June 4,
2002, to allow adequate time for staff to have personal contact with the property owners and
advise them of the violation hearing. The motion was seconded by Commissioner Long, and it
carried unanimously.
VI#0100345-MCLAUGHLIN: 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 required inspections. Ms. Salzman stated Mr.
McLaughlin still requires the steps and landing permit, and has set up the inspection for May 24,
2002. John McLaughlin, property owner, stated he has hired someone to finish the project instead
of completing it himself, and requests 30 days to complete it. There was no public testimony given.
Commissioner Masden moved to refer VI #0100345 against John McLaughlin to the County
Attorney for legal action,with the instruction to delay action upon such referral until June 14, 2002,
to allow adequate time for the property owner to complete the final inspection. The motion was
seconded by Commissioner Long, and it carried unanimously.
VI #0000201 - HARMON: 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 required inspections. Ms. Halsey stated all final
inspections were completed on May 13, 2002, and the case was closed at that time.
Commissioner Geile moved to dismiss the case VI#0000201 against Kevin and Sharon Harmon.
The motion was seconded by Commissioner Long, and it carried unanimously.
Hearing Certification, Zoning Violations
May 14, 2002 2002-1283
Page 4 PL0824
This Certification was approved on the 20th day of May, 2002.
APPROVED:
ATTEST: �I 'Rpp BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
f
Weld County Clerk to the : . . . t �►_ :_ _ _
• e Vaad, Chair
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BY: ((-
D
eputy Clerk to the Bo
= David E. Lon Pro-Tem
TAPE #2002-02 and #2002-03
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• li m Jerker,^
Robert D. &sden \
Hearing Certification, Zoning Violations
May 14, 2002 2002-1283
Page 5 PL0824
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