HomeMy WebLinkAbout20050863.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on December 13, 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-EXCUSED
Commissioner Glenn Vaad - EXCUSED
Also present:
Acting Clerk to the Board, Sharon Kahl
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 #0500372 - SIERRA VISTA ESTATES: 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 Sections 29-7-120 and 29-7-130 of the Weld County Code. To bring this property into
compliance, all inspections must be completed and a Certificate of Occupancy must be issued.
Ms. Gregory stated Craig Morganson of Premier Community Homes contacted her on
October 27, 2005, and stated this project would be completed by the hearing date and an
inspection has been scheduled for today; however, there are still numerous inspections to be
completed. Neither the property owners nor a representative was present, and there was no public
testimony given.
Commissioner Geile moved to refer VI #0500372 against Sierra Vista Estates to the County
Attorney for legal action, with the instruction to delay action upon such referral until
January 13, 2006, to allow adequate time for the property owners to complete the project and
schedule all inspections. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0500204 - BURKHART: 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.F, 23-3-40, 23-3-40.L, 23-4-130, 23-4-140, 29-3-10, 29-3-320 and
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29-7-10 of the Weld County Code. To bring the property into compliance an inspection of the
chicken coop must be conducted, and the remaining mobile home must be removed and a
Nonconforming Use must be proven for the stick built home that is not the principle dwelling. Ms.
Siron stated the violation was continued from October 11, 2005, to allow adequate time for the
Planning staff and the property owner to work though all issues concerning this property. Ms. Siron
stated this property is not determined to be a Nonconforming Use and Karen Burkhart is submitting
a Recorded Exemption application which would put one home on each of the parcels. Also, the
chicken coop was inspected and determined it was not being used as a dwelling unit.
Tanis Duncan, representative, stated there are two houses on the property and the violation was
originally on the basement home that was built in the 1950's. That issue was cleared up and the
violation was then placed on the second home that was placed on the property in 1991. Ms.
Duncan stated the title was purged sometime in 1998, and that home is now affixed to the land.
Ms. Burkhart did not install either of the homes, they were on the property when she purchased
it in 1998, and she was not aware of any problems connected with either of the homes. When Ms.
Burkhart bought the property she was not told of any permits or applications that needed to be
renewed or resubmitted. Ms. Duncan stated Ms. Burkhart has invested a considerable amount of
money on these properties and has used them as her private dwelling until just recently when she
got married and moved out of state. Ms. Duncan stated she is concerned as to why these
violations were not addressed until 2005. Commissioner Geile suggested that Ms. Burkhart go
back to her real estate agent and question why this property was sold without disclosing problems
connected with the two homes. Responding to Commissioner Jerke, Wendi Inloes, Department
of Planning Services, stated there had been properties with land splits that were not annually
updated prior to her taking over zoning permits. Ms. Inloes stated she starts the process as these
cases come up either from land splits or violations,and she is continuing to deal with the prior ones
as they are discovered. Ms. Inloes stated this case was brought into violation when an Accessory
to the Farm permit was submitted. Ms. Duncan stated when Ms. Burkhart purchased this property
there was an Accessory to the Farm permit that was issued by the County in 1991, when the
mobile home was moved onto the property, and Ms. Duncan stated at no time did the County
require an annual report be filed. Ms. Burkhart was under the impression that she bought two
forty-acre parcels with two homes, and has been taxed accordingly by the Assessor's Office. Ms.
Duncan stated Ms. Burkhart is working with staff to clear up the violations; however, she will need
some time to apply for the Recorded Exemption which would bring the property into compliance.
Commissioner Geile moved to refer VI #0500204 against Karen Burkhart to the County Attorney
for legal action, with the instruction to delay action upon such referral until April 13, 2006, to allow
adequate time for the property owner to submit a Recorded Exemption application. The motion
was seconded by Commissioner Long, and it carried unanimously.
VI #0500261 -MORALES: 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, 23-3-110.6 and 23-3-110.C of the Weld
County Code. To bring this property into compliance, the noncommercial junkyard must be
restored or removed. Ms. Siron stated the violation was continued from November 8, 2005, to
allow adequate time for staff to contact an interpreter to inform the property owners of the
violations. Ms. Siron stated Jorge Morales and an interpreter spoke with her before the hearing
and Mr. Morales understands the violations and is working on cleaning up the property. Neither
the property owners nor a representative was present, and there was no public testimony given.
Hearing Certification, Zoning Violations
December 13, 2005 2005-0863
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Commissioner Long moved to refer VI#0500261 against Jorge Morales to the County Attorney for
legal action, with the instruction to delay action upon such referral until January 13, 2006, to allow
adequate time for the noncommercial junkyard to be restored or removed. The motion was
seconded by Commissioner Geile, and it carried unanimously.
VI #0500288 - HENDERSON: Ms. Siron presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 23-4-130 and 23-4-160 of the Weld County
Code. To bring the property into compliance, the construction trailer must be removed or a zoning
permit for a manufactured structure must be submitted.
Leah Henderson, property owner, stated there is a manufactured structure on this site, an eight
by twenty-four structure. It is not a mobile home, nor a dwelling unit. There is no plumbing or
utilities connected. Responding to Commissioner Jerke, Ms. Henderson stated this is used for
storage. Ron Henderson, property owner's father, stated this is a trailer with an axle and could be
parked anywhere, it has current license plates. Responding to Commissioner Long, Ms.
Henderson stated this trailer can be moved; it has wheels, tires and a hitch, and the license is up
to date. The Trailer is being used for storage. Responding to Commissioner Jerke, Bruce Barker,
County Attorney, stated this is one of those in-between cases, this is not a recreational vehicle nor
a mobile home, which is not permitted as storage.
Commissioner Geile moved to dismiss VI #0500288 against Leah Henderson due to the trailer
having a current license and only being used as storage. The motion was seconded by
Commissioner Long, and it carried unanimously.
VI #0500320 - RANGEL: Ms. Siron presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 23-3-150, 23-3-160 and 23-3-160.H of the Weld
County Code. To bring the property into compliance, a letter must be submitted stating the goats
have been removed and all livestock of any kind will not be kept on the site. Responding to
Commissioner Geile, Ms. Siron stated the the property is in the R-5 (Mobile Home Residential)
Zone District;therefore,no animals are permitted. Neither the property owner nor a representative
was present, and there was no public testimony given.
Commissioner Geile moved to refer VI #0500320 against Victor Rangel to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0400135 - 1-25 PROPERTIES/MORGANTI: Ms. Bethany Salzman, Department of Planning
Services, presented the case report and pursuant to the case file, this property is in violation of
Sections 23-3-230, 23-3-230.B, 23-3-2306.7, 23-3-230.C and 23-3-230.E of the Weld County
Code. To bring the property into compliance, a letter vacating Use by Special Review Permit#971
must be submitted and Use by Special Review Permit#381 must be completed, or all commercial
activity and storage must be removed. Planning staff has provided the applicant with a list of
conditions that need to occur prior to recording the plat. Ms. Salzman spoke with Ricardo Morganti
on December 12, 2005, and he stated that his engineer will have everything completed by
Hearing Certification, Zoning Violations
December 13, 2005 2005-0863
Page 3 PL0824
December 15, 2005. Neither the property owners nor a representative was present,and there was
no public testimony given.
Commissioner Long moved to refer VI#0400135 against 1-25 Properties and Ricardo Morganti,dba
Morganti Modular Homes, to the County Attorney for legal action, with the instruction to delay
action upon such referral until January 13, 2006, to allow adequate time for the property owners
to record the Site Plan Review. The motion was seconded by Commissioner Geile, and it carried
unanimously.
VI #0500300 - ROJAS: Ms. Salzman presented the case report and pursuant to the case file, this
property is in violation of Sections 23-3-20, 23-3-20.B, 23-3-30, 23-3-30.F and 23-3-30.1 of the
Weld County Code. To bring the property into compliance, the noncommercial junkyard must be
restored, removed, or screened from all adjacent properties and public rights-of-way, and the
hazardous waste and miscellaneous debris must be removed. Also, the camper trailer must be
abated as a dwelling unit, licensed, removed or screened. Ms. Salzman requested this case be
referred to the County Attorney for immediate action due to the large quantity of barrels with an
unknown substance inside, which may involve a safety issue. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Long moved to refer VI #0500300 against Theodore Rojas to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Geile, and it carried
unanimously.
VI #0500243 -JURGENS: 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 screened from all adjacent properties and public rights-of-way. Ms. Salzman
stated the property owners have made substantial progress and are needing more time to complete
the work. John and Wenea Jurgens, property owners, stated this property was purchased eight
years ago, and they have put a lot of work into it. This property was in bankruptcy, the house was
a mess, and the back yard was completely full of junk, which they have been hauling out. Mr.
Jurgens stated the last two years he has not been able to do as much due to health problems.
Ms. Jurgens stated they have some antique farm equipment which they have lined up in one area,
and are working on screening some of the property. The wood is for the fireplace, and they are
trying to finish cutting and stacking it. The blue car is a classic and does run; however, it is not
licensed because of the cost of insurance. Responding to Commissioner Jerke, Ms. Salzman
stated if they are willing to sign an affidavit with the Department of Motor Vehicles stating the
vehicle will not leave the property or go on a road, then there is a way to license it without
insurance. Responding to Commissioner Jerke, Mr. Jurgens stated the weather is a factor now
and he will need more time to complete this project.
Commissioner Geile moved to refer VI#0500243 against John and Wenea Jurgens to the County
Attorney for legal action, with the instruction to delay action upon such referral until May 13, 2006,
to allow adequate time for the property owners to restore, remove or screen the noncommercial
junkyard from all adjacent properties and public rights-of-way. The motion was seconded by
Commissioner Long, and it carried unanimously.
Hearing Certification, Zoning Violations
December 13, 2005 2005-0863
Page 4 PL0824
VI #0500341 - FAUDOA: 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.D, 23-3-30.1,
23-3-40, 23-3-40.R and 23-3-40.V of the Weld County Code. To bring the property into
compliance, the Little Store must be closed or permitted through the Certificate of Compliance
Home Occupation permit. Ms. Salzman stated she spoke with a family member on December 12,
2005, and they are going to remove the store from the house, and will submit a letter confirming
this to the Department of Planning Services. Neither the property owners nor a representative was
present, and there was no public testimony given.
Commissioner Long moved to refer VI #0500341 against Jose Faudoa to the County Attorney for
legal action, with the instruction to delay action upon such referral until January 13, 2006, to allow
adequate time for the property owners to remove the store and submit the letter. The motion was
seconded by Commissioner Geile, and it carried unanimously.
VI #0500338 - SCHRIMPSCHER: 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, 29-7-10, 29-7-30 and 29-7-30.F of the Weld County Code. To bring the property into
compliance, the mobile home must be removed or permitted, a new building permit must be
submitted for the two connecting mobile homes or they must be removed, and the noncommercial
junkyard must be restored, removed, or screened from all adjacent properties and public
rights-of-way. Ms. Salzman stated that in 1997, the first mobile home was placed on the property
and the building permit was left to expire, and in 1998, property owners obtained a new building
permit to bring in a second mobile home to connect with the first one,which also expired. This will
be the third building permit on this property,and the dwelling is being occupied without a Certificate
of Occupancy. Neither the property owner nor a representative was present, and there was no
public testimony given.
Commissioner Geile moved to refer VI #0500338 against Gary Schrimpscher to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
Hearing Certification, Zoning Violations
December 13, 2005 2005-0863
Page 5 PL0824
This Certification was approvedhort the 19th day of December, 2005.
A APPROVED:
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Wel County Clerk to the FA ,,,,H:::::?..) 7`` y
�` illiam Jerke, Chair
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TAPE #2005-06
David E. Long
EXCUSED
Robert D. Masden
EXCUSED
Glenn Vaad
Hearing Certification, Zoning Violations
December 13, 2005 2005-0863
Page 6 PL0824
ATTENDANCE RECORD
VIOLATION HEARINGS FOR THIS 7,..57"4 c/ Q,a-s- _/
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