HomeMy WebLinkAbout20050122.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on January 11, 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 - EXCUSED
Commissioner Robert D. Masden
Commissioner Glenn Vaad - TARDY
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
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 #0200131-WSW, INC. (DBA: BIG R MANUFACTURING): 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 23-2-160, 23-2-160.W, 23-3-330 and 23-3-330.E of the Weld
County Code. To bring the property into compliance, the Amended Site Plan Review must be
completed and the plat recorded.
Ms. Salzman presented an e-mail, marked Exhibit A, from the applicant requesting the hearing be
continued until March 8, 2005, to allow them additional time to resolve the problems with the
railroad company. Neither the property owner nor a representative was present, and there was no
public testimony given.
Commissioner Geile moved to continue VI#0200131 against WSW Inc.,dba Big R Manufacturing,
until March 8, 2005, to allow adequate time for the property owner to resolve the problems with
the railroad company. The motion was seconded by Commissioner Masden, and it carried
unanimously.
(Let the record reflect that Commissioner Vaad is now present)
VI #0300203 - VANCE/WIRKNER-VANCE: Peggy Gregory, Department of Planning Services,
presented the case report for the record and pursuant to the case file, this property is in violation
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of Sections 23-3-20, 23-3-30, 23-3-30.F, 23-3-40.L, 23-4-140, 23-4-170 and 29-7-10 of the Weld
County Code. To bring the property into compliance, the two mobile homes must be removed
from the property, or a Recorded Exemption must be submitted for one of the homes and the other
mobile home removed, and the Building Permit must have final approval. Neither the property
owner nor a representative was present and no public testimony was given.
Responding to Chair Jerke, Ms. Gregory stated the mobile homes were used as Accessories to
the Farm before the property was purchased by the Vances. Commissioner Masden commented
that the County has been working with this violation case since 2000, and no changes have been
made.
Commissioner Masden moved to refer VI #0300203 against Dean Vance and Debra Wirkner-
Vance to the County Attorney for immediate legal action. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
VI #0400260 - HILL: 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 tires and commercial vehicles
must be removed or a Use by Special Review application submitted, and any remaining debris
must be screened from all adjacent properties and public rights-of-way. Ms. Salzman stated the
property owners have made significant progress and are close to finishing the fence that screens
the property.
Roger Hill, property owner, stated Galeton Tire is a separate business from Galeton Garage,which
is owned by his father. He purchased the trucks last summer and did not realize parking them on
his property would be a violation. He uses the property for overflow parking of semi-trailers and
tires that are used in his business. He stated he is in the process of erecting a fence around the
property and plans to apply for a Use by Special Review Permit. Chair Jerke explained applying
for a Use by Special Review Permit is not an automatic solution, and after more discussion, the
Board agreed Mr. Hill might need 120 days rather than the 90 days he was requesting to complete
the process.
Commissioner Geile moved to refer VI #0400260 against Roger and Sheryl Hill to the County
Attorney for legal action, with the instruction to delay action upon such referral until May 11, 2005,
to allow adequate time for the property owners to correct the violation. The motion was seconded
by Commissioner Masden, and it carried unanimously.
VI #0300318 - LYON/HAITHCOAT/MULLINS: 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 and 23-4-130 of the Weld County Code. To bring the property into compliance, the
property owners must submit a Zoning Permit for a Mobile Home or remove the mobile home from
the property. Ms. Salzman stated the mobile home remains on the property because a Building
Permit has been obtained for future situs. The foundation is being constructed on the new site;
however, the lot is not large enough to also park the mobile home on it during the construction
period.
Hearing Certification, Zoning Violations
January 11, 2005 2005-0122
Page 2 PL0824
Lynnie Mullins, owner of the mobile home, stated they will need 90 days to complete the foundation
because they are doing it themselves and the weather is unpredictable at this time of year.
Commissioner Masden moved to refer VI #0300318 against Edythe Lyon, Vicki Haithcoat, and
Steve and Lynnie Mullins to the County Attorney for legal action, with the instruction to delay action
upon such referral until April 11, 2005, to allow adequate time for the property owners to complete
the foundation on the new site and remove the mobile home from the property in violation. The
motion was seconded by Commissioner Vaad, and it carried unanimously.
VI #0400244 - LAFFERTY: 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, 23-3-40.B,
23-3-40 B.10, 23-3-40 B.16, 23-3-50 and 23-3-50.D of the Weld County Code. To bring the
property into compliance, the number of livestock must be reduced to four animal units per acre
or a Use by Special Review Permit must be submitted. Ms. Salzman stated the property consists
of 3.65 acres and appears to be illegally split; however,that can be corrected if Mr. Lafferty submits
the Use by Special Review Permit.
Commissioner Geile stated he has worked with Mr. Lafferty in the past and would like to recuse
himself from this hearing and also from the Use by Special Review hearing that may take place if
Mr. Lafferty proceeds with the application.
Michael Lafferty, property owner, stated he is working on the permit; however, he has not
completed it at this time. Chair Jerke explained the pros and cons of the Use by Special Review
Permit and that it does not always correct the problem. Responding to Commissioner Masden, Mr.
Lafferty stated he raises Holstein bull calves, and keeps them for three to four months until they
are 300 pounds and then sells them to many different buyers.
Commissioner Masden moved to refer VI#0400244 against Michael Lafferty to the County Attorney
for legal action, with the instruction to delay action upon such referral until February 11, 2005, to
allow adequate time for Mr. Lafferty to submit the Use by Special Review application. The motion
was seconded by Commissioner Vaad, and it carried unanimously.
VI #0400302 - NOLAND: Ms. 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 23-3-330,
23-3-330.B, 23-3-330.B.1, 23-3-330.C, 23-3-330.C.1, 23-3-330.C.4, 23-3-330.E, 23-4-220 and
29-7-10 of the Weld County Code. To bring the property into compliance, the area utilized for
commercial storage must be limited within the boundaries established through SPR#9, or an
Amended Site Plan Review application must be submitted. The property owners must also submit
a Zoning Permit for a Mobile Home, or the mobile homes must be removed from the property. Ms.
Salzman stated the property owners are in violation of three separate parcels due to the expansion
of the Site Plan previously submitted and now it encompasses the whole area. She stated there
are numerous drums on the property that need to be identified by the Department of Public Health
and Environment to find out what is in them; however, staff has been unable to get in touch with
the property owner to set up a meeting.
Hearing Certification, Zoning Violations
January 11, 2005 2005-0122
Page 3 PL0824
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Geile moved to refer VI #0400302 against John and Gwendolyn Noland to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Vaad,
and it carried unanimously.
ertification was approved on the 17th day of January, 2005.
APPROVED:
1861 (' 3=''- 0. ij� G, BOARD OF COUNTY COMMISSIONERS
'% WELD COUNTY, COLORADO as
lerk to the •ard
l� �f
• William H. erke, Chair
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Deputy Clerk to the Board /,! 9d�
M. J. Geile, Pro-Tem
TAPE #2005-01 (V) EXCUSED
D id E. Long
Rob5 D. Nlasden
/gea,t4 fitie4A
Glenn Vaad
Hearing Certification, Zoning Violations
January 11, 2005 2005-0122
Page 4 PL0824
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