HomeMy WebLinkAbout20020907.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on April 9, 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#0100329-HEREDIA: 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,
23-3-30.1 and 29-8-40 of the Weld County Code. To bring the property into compliance, the
property owner must remove, restore or completely screen the noncommercial junkyard from all
adjacent properties and all public rights-of-way. In addition, the essential inspections for the
second mobile home were not completed within the required time period, therefore, the Building
Permit has expired and the mobile home will need to be removed from the property. Responding
to Commissioner Jerke, Ms. Salzman explained the property owner can no longer apply for a new
permit because zoning no longer allows a second mobile home for storage on the property.
Neither the property owner nor a representative was present. There was no public testimony given.
Commissioner Geile moved to refer VI #0100329 against Jose Heredia to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0100166 - RAPPELS ARENA: Ms. Salzman presented the case report for the record and
stated the property is in violation of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.B.15 and
23-3-40.6.16 of the Weld County Code. To bring the property into compliance the property owner
must submit a Use by Special Review Permit application to the Department of Planning Services,
or the Roping/Riding Arena must be closed. Ms. Salzman stated she had spoken with Mr. Rappel
and he assured her there would be no additional events taking place at the arena until he filed the
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application for the Use by Special Review Permit, but staff has received numerous advertisements
from the Fencepost indicating events continue to be scheduled. Responding to Commissioner
Jerke, Ms. Salzman stated she has spoken with Jackie Johnson, respondent's attorney,who was
notified and was aware of today's violation hearing; however, neither she nor the property owners
were present. Responding to Commissioner Geile, Ms. Salzman stated the events scheduled at
the arena range from barrel racing and roping to horse auctions. There was no public testimony
given.
Commissioner Jerke moved to refer VI #0100166 against Rappels Arena to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0200006 - MEZA: 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, 23-3-50 and
23-3-50.D 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, reduce the number of animal units as required by the Weld County Code, and
follow through on the demolition permit of the non-permitted mobile home. Ms. Salzman stated she
inspected the property this morning, and there are still too many animal units, derelict vehicles,
trash, buckets, barrels, and miscellaneous debris on the 5+ acres. She further stated Mr. Meza
was in a car accident recently and will be requesting additional time; however, he has applied for
the demolition of the mobile home. Responding to Commissioner Jerke, Ms. Salzman stated Mr.
Meza assumed ownership of an abandoned railroad by deed. Neither the property owners nor a
representative was present.
Larry Schroeder,surrounding property owner,stated Juan and Maria Meza purchased the property
from Mr. Cecil about five years ago, after which they received permission from the neighbors and
were approved for one mobile home on the property. Since that time, they have built and
expanded buildings and brought in numerous animal units. Mr. Schroeder stated the animals graze
on his lawn; however, because of the"open range" law, he was advised by Animal Control that he
would need to build a fence to keep the animals out, rather than the property owner building one
to keep his animals in. He built the fence; however, the animals broke the fences or went around
them to get to his property. Mr. Schroeder also explained Mr. Meza's debris, dead animals, and
trash plug the water traps on his property.
Commissioner Long moved to refer VI #0200006 against Juan and Maria Meza to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it
carried unanimously.
VI #0200005 - ROMERO: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-120, 23-3-120.B, 23-3-120.C and 23-3-120.D of the Weld
County Code. To bring the property into compliance the property owner must remove or totally
enclose the noncommercial junkyard within a garage type structure. The Board viewed a video
taken by Ms. Salzman on April 8, 2002, showing six to eight derelict vehicles on the back portion
of the property. She stated Mr. Romero collects and restores vehicles and is asking to put up a
fence to screen the vehicles.
Hearing Certification, Zoning Violations
April 9, 2002 2002-0907
Page 2 PL0824
Marvine Garcia and Moises Romero, property owners, stated they bought the property because
the previous owner told them it was zoned agricultural and they would be able to use the property
to store the collector vehicles Mr. Romero purchased for restoration. Ms. Garcia asked the Board
to allow them to build a fence to screen the vehicles instead of building a garage because they had
already purchased all the fence materials and are financially unable to build a garage. She stated
she and her husband were in an auto accident which left her husband disabled and the only job he
is able to do is work on his cars. Responding to Chair Vaad, Ms. Garcia stated they had purchased
the fencing about three months after they purchased the property because they had items stolen
from their garage; however, because of the accident they were unable to put it up.
Responding to Chair Vaad, Ms. Salzman stated the property is zoned R-2 and junkyards are not
allowed; however,the property was previously zoned R-5,so they did give the property owners the
option of storing the vehicles in a closed garage. Commissioner Geile stated he spoke with Ms.
Romero in January and he suggested they get a lawyer since they were having problems with their
property. There was no public testimony given.
Commissioner Jerke moved to refer VI #020005 against Moises Romero to the County Attorney
for legal action, with the instruction to delay action upon such referral until June 9, 2002, to allow
time to install the fence by a licensed fence contractor.The motion was seconded by Commissioner
Masden. Commissioner Geile stated he would not support the motion because there were certain
misrepresentations that were given to the Romeros by the land owner or realtor when they
purchased the property and he is not willing to deviate from the zoning regulations to resolve this
issue. Commissioner Long commented they would be setting a precedence if they allowed the
property owner to put up a fence in the residential zone,therefore, he would not support the motion
either. Commissioner Jerke stated the property is a two-acre site on the edge of Fort Lupton, and
even though this is not a great solution to the problem, it is a solution at this time. Chair Vaad
stated he would not support the motion because the property is close to Fort Lupton and it is the
County's obligation to help with the appearance of Fort Lupton. Commissioner Masden agreed that
the property had been misrepresented and he would no longer support the motion. The motion
was withdrawn by Commissioner Jerke.
Commissioner Geile moved to refer VI #0200005 against Moises Romero to the County Attorney
for legal action, with the instruction to delay action upon such referral until May 9, 2002, to allow
adequate time for a resolution that falls within the zoning rules and regulations. Upon a call for the
vote the motion carried four to one, with Commissioner Jerke opposed.
VI#0200002 -MAY-KUNZE: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.R of the Weld County
Code. To bring the property into compliance the property owner must submit a Use by Special
Review application to the Department of Planning Services or all business activities and equipment
must be removed from the site. Ms. Salzman stated the property owner applied for a Use by
Special Review Permit this morning and requests that the case be referred back to the Department
of Planning Services. Neither the property owners nor a representative was present. There was
no public testimony given.
Commissioner Jerke moved to refer VI #0200002 against Kathy May-Kunze back to the
Department of Planning Services for further consideration. The motion was seconded by
Commissioner Long, and it carried unanimously.
Hearing Certification, Zoning Violations
April 9, 2002 2002-0907
Page 3 PL0824
VI #0100110 - GREEN: 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, 23-7-30 and 23-7-30.A of the Weld
County Code. To bring the property into compliance the property owner must restore, remove or
screen the noncommercial junkyard from all adjacent properties and public rights-of-way. The
items remaining on the property can not in any way be related to the "A-Z Auto Salvage" yard, or
a Use by Special Review application must be submitted to the Department of Planning Services
for the expansion of a Nonconforming Use. Ms. Salzman stated she had several conversations
with Mr. Green and conducted a visual inspection of the property on April 8, 2002,which found the
property near compliance. There is one vehicle hood and a pile of debris that needs to be burned,
so staff is requesting a 30 day extension to take care of the remaining items. Neither the property
owner nor a representative was present. There was no public testimony given.
Commissioner Masden moved to refer VI#0100110 against George Green to the County Attorney
for legal action, with the instruction to delay action upon such referral until May 9, 2002, to allow
adequate time for the property owner to clean up the remaining items. The motion was seconded
by Commissioner Long, and it carried unanimously.
VI #0100398 - GINGLES: 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. Ms. Salzman stated the permit was issued in January 2000, and expired after 180
days, therefore, the property owners are asking for an extension.
Responding to Chair Vaad, Jeff Reif, Department of Planning Services, stated the permit cannot
be extended beyond 180 days without the Board's approval. The inspections that need to be
completed are electrical, plumbing, heating, steps and landing. Responding to Bruce Barker,
County Attorney, Mr. Reif stated a Certificate of Occupancy would be issued after the final
inspections. He stated that staff encourages people to complete their inspections even though their
permits have expired. Mr. Barker stated an expired Building Permit cannot be extended and
recommended a motion to delay action to allow Ms. Gingles to ask for the inspections to be
completed and get the Certificate of Occupancy on the expired Building Permit to wrap it up. Ms.
Salzman, in response to Commissioner Jerke, stated the well permit has been approved and they
have been working on the septic system. Once the foundation has been completed the mobile
home can be put in place and everything should be completed within four months.
Carol Gingles,property owner,stated they are placing the mobile home on a full walk-out basement
and are in the process of redoing the septic system. The bank will only refinance after the house
is on the foundation. There was no public testimony given.
Commissioner Geile moved to refer VI#0100398 against Carol Gingles to the County Attorney for
legal action, with the instruction to delay action upon such referral until August 9, 2002, to allow
adequate time for the property owners to complete all final inspections. The motion was seconded
by Commissioner Masden, and it carried unanimously.
VI #0000304 - BAILER: Ms. Halsey presented the case report for the record and stated the
property is in violation of Section 19-8-40 of the Weld County Code. To bring the property into
Hearing Certification, Zoning Violations
April 9, 2002 2002-0907
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compliance the property owner must complete all required inspections. Ms. Halsey stated she
attempted a visual inspection; however, it was nearly impossible to see the property from the road.
Because the certified letter was returned to the Department of Planning Services, Ms. Halsey took
a picture showing the property had been posted and a copy of the letter indicating the date of
violation hearing was attached to the mailbox.
Ronald Bailer, property owner, stated his correct mailing address is 22150 Weld County Road 41,
and the reason the certified letter was returned to the Department of Planning Services was
because it was sent to the wrong address. Mr. Bailer stated he is motivated to complete this
project as soon as possible and is hoping to have all the finals completed by the end of the week.
Commissioner Masden moved to refer VI #0000304 against Ronald and Patricia Bailer to the
County Attorney for legal action, with the instruction to delay action upon such referral until May 9,
2002, to allow adequate time for the property owners to complete all final inspections. The motion
was seconded by Commissioner Jerke, and it carried unanimously.
This Certification was approved on the 15th day of April, 2002.
��® IE I� APPROVED:
ATTEST: I')"#f �� ��. ��� BOARD OF COUNTY COMMISSIONERS
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Weld County Clerk to t �B.a ���O��c�°!' /,u.44� •. air Gle Vaad, Ch —BY: Deputy Clerk to the B`�� � 1 1 �.c . e
David E. L %
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TAPE #2002-02
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W' liam H..../� J 1�� L
Robert D. Masden
Hearing Certification, Zoning Violations
April 9, 2002 2002-0907
Page 5 PL0824
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