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Home My WebLink About20051696.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION A public hearing was conducted on June 14, 2005, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tem Commissioner David E. Long Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Donna Bechler County Attorney, Bruce Barker Planning Department representative, Bethany Salzman Planning Department representative, Peggy Gregory Planning Department representative, Ann Siron 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#0400140-GONZALEZ: Peggy Gregory, 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 mobile home must be demolished and a final inspection completed. Responding to Commissioner Geile, Ms. Gregory stated the permit that was taken out for this mobile home was for demolition purposes; however, the mobile home has not been demolished. Since the permit was obtained, the property owner decided to move the mobile home from the property; however, that has not occurred either. Neither the property owner nor a representative was present. There was no public testimony given. Commissioner Long moved to refer VI#0400140 against Rafael Gonzalez to the County Attorney for immediate legal action. The motion was seconded by Commissioner Geile, and it carried unanimously. VI#0500098-CORAM: Ms. Gregory 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 Certificate of Occupancy must be issued and all inspections completed on the garage with second floor living quarters. Ms. Gregory stated the property was approved by a Building Official this morning and requested the case be referred back to the Department of Planning Services. Neither the property owner nor a representative was present, and no public testimony was given. 2005-1696 PL0824 �� : Pc., o47-o'2-D.S— Commissioner Geile moved to refer VI #0500098 against Guy Coram to the Department of Planning Services for an indefinate period of time. The motion was seconded by Commissioner Masden, and it carried unanimously. VI #0500044 -VANOEVEREN : 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, 23-3-40, and 23-3-40.R of the Weld County Code. To bring the property into compliance, all stored commercial vehicles must be removed from the property and operations must cease, or a Use by Special Review application must be submitted. Ms. Salzman stated the property owner submitted an application for a Use by Special Review Permit, and asked that the case be referred back to the Department of Planning Services to go through the process. Neither the property owner nor a representative was present. No public testimony was given. Commissioner Vaad moved to refer VI #0500044 against Glen and Virginia Vanoeveren to the Department of Planning Services to process the Use by Special Review Permit. The motion was seconded by Commissioner Masden, and it carried unanimously. VI #0500100 - SCHRINER: 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.F, 23-4-130, 23-4-140, and 23-4-170 of the Weld County Code. To bring the property into compliance, the mobile home must be permitted or removed from the property. Wendi Inloes, Department of Planning Services, stated she spoke with Mr. Schriner, and staff recommended the case be referred to the County Attorney for legal action, with the instruction to delay action for 60 days. Ms. Inloes stated Mr. Schriner no longer needs the mobile home for an Accessory to the Farm; however, he has been waiting for the violation hearing before informing the tenant that he can no longer live there. Neither the property owner nor a representative was present. No public testimony was given. Commissioner Masden moved to refer VI#0500100 against Gene Schriner to the County Attorney for legal action, with the instruction to delay action upon such referral until August 14, 2005, to allow adequate time for the property owner to remove the mobile home. The motion was seconded by Commissioner Long, and it carried unanimously. VI#0200179-HENDERSON: 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 noncommercial junkyard must be restored, removed or completely screened from all adjacent properties and public rights-of-way. Ms. Salzman stated the property owners have made significant progress; however, staff recommended additional time for the property owner to screen the remaining debris. Doris Henderson, property owner, stated her husband has health issues, therefore, her daughter has been helping her clean up the site. No public testimony was given. Hearing Certification, Zoning Violations June 14, 2005 2005-1696 Page 2 PL0824 Commissioner Masden moved to refer VI #0200179 against Carl and Doris Henderson to the County Attorney for legal action, with the instruction to delay action upon such referral until August 14, 2005, to allow adequate time for the property owners to screen the noncommercial junkyard. The motion was seconded by Commissioner Geile, and it carried unanimously. VI #0200396 - BECK: 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, 23-3-40, and 23-3-40.H of the Weld County Code. To bring the property into compliance,the Pet Grooming and Spa facility must be closed or a Use by Special Review application submitted. Ms. Salzman stated the property owners are close to being able to submit their application, and staff recommended additional time for them to complete the paperwork. Carmen Beck, property owner, stated the paperwork is nearly finished, and she should be able to submit her application within thirty (30) days. No public testimony was given. Commissioner Masden moved to refer VI #0200396 against Bart and Carman Beck to the County Attorney for legal action, with the instruction to delay action upon such referral until July 14, 2005, to allow adequate time for the property owners to submit their Use by Special Review application. The motion was seconded by Commissioner Long, and it carried unanimously. VI#0400297 -WESTERN: 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 noncommercial junkyard must be restored, removed or completely screened from all adjacent properties and public rights-of-way. Ms. Salzman stated the property owner's mother lives on the site, and she also has some other legal issues. Ms. Salzman further stated only one vehicle is left to be licensed and staff recommended referral of the violation to the County Attorney for legal action; however, to delay action for 60 days. Neither the property owner nor a representative was present. No public testimony was given. Commissioner Long moved to refer VI #0400297 against Eric Western to the County Attorney for legal action, with the instruction to delay action upon such referral until August 14, 2005, to allow adequate time for the property owner to bring the property into compliance. The motion was seconded by Commissioner Masden, and it carried unanimously. VI #0400375 - ISAACS: Ann Siron, 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, 23-3-20.A, 23-3-30,23-3-30.1,23-3-40,23-3-40.L and 23-3-10 of the Weld County Code. To bring the property into compliance, the noncommercial junkyard consisting of derelict vehicles and a camper/trailer must be restored, removed or completely screened from all adjacent properties and public rights-of-way. Ms. Siron stated the noncommercial junkyard has been removed, therefore, this part of the violation has been closed. Commissioner Long stated he drives past this site every day, and he noticed lights have been on in the camper/trailer, and he has observed a satellite receiver which suggests someone is living there. Chair Jerke stated it would be premature to close this case at this time. Neither the property owner nor a representative was present. There was no public testimony. Hearing Certification, Zoning Violations June 14, 2005 2005-1696 Page 3 PL0824 Commissioner Long moved to refer VI #0400375 against David Isaacs back to the Department of Planning Services for further investigation.The motion was seconded by Commissioner Geile,and it carried unanimously. VI#0400376-REED: Ms. Siron 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 noncommercial junkyard consisting of derelict vehicles and miscellaneous debris must be restored, removed or completely screened from all adjacent properties and public rights-of-way. Ms. Siron stated much progress has been made on this site, and the property owners will need additional time to complete the fencing. Danny Reed, property owner,was present; however, he did not have any additional information to add. No public testimony was given. Commissioner Geile moved to refer VI #0400376 against Danny Reed to the County Attorney for legal action, with the instruction to delay action upon such referral until August 14, 2005, to allow adequate time for the property owners to complete the fencing. The motion was seconded by Commissioner Masden, and it carried unanimously. VI #0500074 - GARZA: Ms. Siron presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-110, 23-3-110.B, 23-3-110.B.1 and 23-3-110.C of the Weld County Code. To bring the property into compliance, the camper/trailer must be completely disconnected from all utilities and maintain current tags at all times, or it must be removed from the property. Ms. Siron stated she did an inspection yesterday and there were no utilities connected to the camper/trailer. However, a certified letter was sent to the property owners on May 24, 2005, and staff has not received the confirmation to show that they received the notice. Neither the property owners nor a representative was present. No public testimony was given. Bruce Barker, County Attorney, stated he will send a letter to the property owners tomorrow and notify them that the violation will be referred to him with a delay of thirty(30)days before action is taken. Commissioner Geile moved to refer VI #0500074 against Ramon and Julie Garza to the County Attorney for legal action,with the instruction to delay action upon such referral until July 14, 2005, to allow adequate time for the property owners to be notified of the violation hearing. The motion was seconded by Commissioner Masden, and it carried unanimously. VI #0000055 - DEITERMAN: Ms. Siron 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 noncommercial junkyard consisting of trucks, heavy equipment, semi trailers, propane tanks, pallets, wood, sheet rock, cargo containers and miscellaneous debris must be restored, removed or completely screened from all adjacent properties and public rights-of-way,and a Use by Special Review Permit must be obtained for any commercial activity being conducted on the site. Hearing Certification, Zoning Violations June 14, 2005 2005-1696 Page 4 PL0824 Ms. Siron stated she would like this case referred back to the Department of Planning Services. The property owners have been very willing to comply. Neither the property owners nor a representative was present. No public testimony was given. Commissioner Masden moved to refer VI#0000055 against Roger and Eileen Deiterman back to the Department of Planning Services. The motion was seconded by Commissioner Long, and it carried unanimously. VI #0300301 - HELTENBERG: Ms. Siron 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 noncommercial junkyard consisting of derelict vehicles must be restored, removed or completely screened from all adjacent properties and public rights-of-way. Ms. Siron stated she spoke with the property owners before the violation hearings, and because of a financial hardship, staff recommended this case be referred to the County Attorney, with instructions to delay action for sixty (60) days. Brad Heltenberg, property owner, stated he is still trying to recover from a fire in 2003 that destroyed the 6,000 square foot building where he stored his cars. Responding to Mr. Heltenberg's questions concerning putting up a fence to screen them, Chair Jerke explained the fence needs to be constructed according to Code and he needs to work with the Department of Planning Services. No public testimony was given. Commissioner Geile moved to refer VI#0300301 against Brad Heltenberg to the County Attorney for legal action, with the instruction to delay action upon such referral until August 14, 2005, to allow adequate time for the property owners to put up a fence. The motion was seconded by Commissioner Long, and it carried unanimously. VI#0300336-JACKES, LLC: Ms. Siron 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 noncommercial junkyard consisting of trash,wood,and concrete, must be removed from the property. Ms. Siron recommended this case be referred to the County Attorney for immediate action since they have had no contact with Mr. Rodriguez. Mr. Barker stated he sent them a letter last year and it appears that they pulled out all the salvageable materials and left the rest of the debris. Commissioner Vaad moved to refer VI #0300336 against Jackes, LLC., c/o Jesse Rodriguez, to the County Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it carried unanimously. VI#0500110 -VASQUEZ: 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.F, 23-3-30.1 and 29-7-10 of the Weld County Code. To bring the property into compliance, the noncommercial junkyard must be restored, removed or completely screened from all adjacent properties and public rights-of-way, and the mobile home must be removed or appropriately permitted. Ms. Salman stated she spoke to Benigno Vasquez this morning, and recommended the property owners be given another sixty (60) days to obtain the Zoning Permit for a Mobile Home. Hearing Certification, Zoning Violations June 14, 2005 2005-1696 Page 5 PL0824 Benigno Vasquez, property owner, was present; however, he did not wish to speak. No public testimony was given. Commissioner Geile moved to refer VI #0500110 against Benigno and Josefina Vasquez to the County Attorney for legal action, with the instruction to delay action upon such referral until August 14, 2005, to allow adequate time for property owners to obtain the Zoning Permit for a Mobile Home. The motion was seconded by Commissioner Vaad, and it carried unanimously. VI#0400332-URENO: 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, 23-340, 23-3-40.16, 23-3-50, and 23-3-50.D of the Weld County Code. To bring the property into compliance, the number of animal units must be reduced so as not to exceed the bulk requirements for the Agricultural Zone District. Ms. Salzman stated the property owners are looking at a larger piece of property for their animals; however, if they are unable to purchase it, they will reduce the number of animal units on this site. Rodrigo and Rolando Ureno were present and stated they have found places for some of the animals if they are unable to buy the larger piece of property. Commissioner Geile moved to refer VI#0400332 against Rodrigo or Rolando Ureno to the County Attorney for legal action,with the instruction to delay action upon such referral until September 14, 2005, to allow adequate time for the property owners to purchase a larger piece of property or reduce the number of animal units on this site. The motion was seconded by Commissioner Long, and it carried unanimously. This Certification was approved on the 20th day of June, 2005. APPROVED: elm 186!td :4A `, � jD�'(/l/G BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Sze` �jr county Clerk to the Bo d � j) William Jerke, Chair BY: /L C," Deputy Clerk to the Board M. . ile, Pr -Tem TAPE #2005-04 Da ' . Long Robert D. Mas n Glenn Vaad Hearing Certification, Zoning Violations June 14, 2005 2005-1696 Page 6 PL0824 a w C0-- fs z r w 4 _ 0 co d 0 cS `' o 0 \ 0 w S° I rn N a0 n w b o rj u O CO Q duo U rC . 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