HomeMy WebLinkAbout20050416.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on February 8, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tern -EXCUSED
Commissioner David E. Long
Commissioner Robert D. Masden
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
Building Inspections Department representative, David Williamson
Building Inspections Department representative, Roger Vigil
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 #0400223 -WALKER KALICKI: 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, all inspections must be
completed and must be given a final approval. Ms. Gregory stated an inspection was approved
on February 7, 2005, and the building official granted a one month extension for completion.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Masden moved to refer VI #0400223 against Lindsey Walker Kalicki to the County
Attorney for legal action,with the instruction to delay action upon such referral until March 8, 2005,
to allow adequate time for all inspections and final approval. The motion was seconded by
Commissioner Long, and it carried unanimously.
VI#0400299 -GRINDE: Ms. Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 29-3-280, and 29-8-40 of the Weld County Code.
To bring the property into compliance, all inspections must be completed and a Certificate of
Occupancy issued.
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Ms. Gregory stated construction on this single family dwelling began with a building permit in 1994,
and it was re-permitted in1980 due to lack of inspections. The property was placed in violation
when the current permit application was submitted on October 24, 2002. Ms. Gregory stated staff
recommends the property owner submit a new building permit application and staff will final the old
ones. The property owner would pay half the original fee and the full road impact fee. David
Williamson, Building Inspections Department, stated he met with Mr. Grinde on January 27, 2005,
to discuss the exterior of the building and some of the violations. Since that date Mr. Grinde has
made improvements on the property and is continuing of this project. Responding to
Commissioner Jerke, Mr. Williamson stated the owner could complete this project in six months.
Homer Grinde was present and stated six months would be enough time to complete the project.
Mr. Grinde submitted a memo to the Board, marked Exhibit A, explaining the delays on this project.
Responding to Commissioner Long, Mr. Grinde did not know how much the road impact fees were.
Wendi Inloes, Department of Planning Services, stated the road impact fee for a single family
dwelling is $1,957.00. Commissioner Long stated this project was started before the County
started to apply Road Impact Fees. Mr. Grinde stated he does not have a problem with paying half
of the permit fees, however, coming up with the amount of the impact fee would put a stop to all
the work needed to complete this project. Commissioner Masden agreed and stated this project
is more than two thirds completed. Bruce Barker, County Attorney, stated the Board would need
to discuss this issue with Ms. Inloes before making a decision on waiving the Road Impact Fees
in this case. Ms. Inloes stated that once a building permit expires, a new permit needs to be
applied for, regardless of when the permit was started or when the fees came into place. Roger
Vigil, Building Inspections Department, stated his concern in this case is that Mr. Grinde is living
in the basement without a Certificate of Occupancy. Mr. Grinde stated he lives in the basement
by himself, due to the fact he has cattle and they are calving, and does not have the funds to find
a residence in Brighton; however, he has corrected some of the problems by moving the propane
tank and grounding all the electrical units. Responding to Commissioner Jerke, Mr.Vigil stated Mr.
Grinde is working on getting a Temporary Occupancy Permit, and Mr. Barker stated that is
consistent with other cases. Mr. Williamson stated that inspections on rough framing, plumbing,
and electrical need to be done to get the structure up to Code for the Temporary Certificate of
Occupancy. Commissioner Jerke stated this case should be continued for 30 days to allow time
for the temporary permits to be obtained and to address the road impact fees.
Commissioner Long moved to continue VI #0400299 against Homer Grinde until March 8, 2005,
to allow adequate time for the temporary permits to be submitted and to address the road impact
fees. The motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0400218 - GONZALEZ: 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, and 23-3-30.1 of the Weld County Code. To bring the property into compliance,
the noncommercial junkyard must be removed, restored, or screened from all adjacent properties
and public rights-of-way, restore current license plates and operating condition of all vehicles or
remove all derelict vehicles. Ms. Salzman stated this property has made substantial progress
according to an inspection done on February 7, 2005. Jose Cruz Gonzales, property owner's son,
stated he owns this property with his mother. Mr. Cruz stated the derelict vehicles belong to his
uncle and he is in the process of removing them.
Hearing Certification, Zoning Violations
February 8, 2005 2005-0416
Page 2 PL0824
Commissioner Masden moved to refer VI#0400218 against Maria and Joe Gonzalez to the County
Attorney for legal action, with the instruction to delay action upon such referral until March 8, 2005,
to allow adequate time for the remaining vehicles to be removed and the noncommercial junkyard
to be removed, restored, or screened. The motion was seconded by Commissioner Long, and it
carried unanimously.
VI#0300036-WRIGHT/GOIN: 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, 23-3-20.P, 23-3-30, 23-3-30.F,
23-4-130, and 23-4-140 of the Weld County Code. To bring the property into compliance, the
mobile home must be permitted or removed. Responding to Commissioner Masden, Ms. Salzman
stated this violation was initiated on February 18, 2003, and Mr. Wright did apply for an Accessory
to the Farm, which was denied by staff. Mr. Wright has now applied for a Medical Hardship
Permit.
David Wright, property owner, stated the Accessory to the Farm was submitted because the hired
hand works every day on the farm. Responding to Commissioner Jerke, Mr. Wright stated he
knows that the Medical Hardship permit could also be denied, and they did have the permits when
the mobile home was moved onto the property; however, they did not get the final approvals. The
mobile home was moved onto the property while a modular home was being built. Responding to
Commissioner Long, Mr. Wright stated the hired hand works there full time and there are 64 or 69
acres of dryland farming.
Commissioner Long moved to refer VI #0300036 against David Wright and Betty Coin to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 8, 2005, to allow adequate time for the Medical Hardship permit to be submitted. The
motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0300297 - CHAVEZ: 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 mobile home must be permitted
or removed. Ms. Salzman is requesting the Board extend the permit for Temporary Occupancy for
the Mobile Home for six months.
Melecio Chavez, property owner, stated that he will pay the fee needed to keep the mobile home
on the property until the new house is built and one month would be enough time.
Commissioner Masden moved to refer VI #0300297 against Melecio and Margaret Chavez to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 8, 2005, to allow adequate time for the construction of the new home to be completed, and
to extend the Temporary Occupancy Permit on the mobile home for six months. The motion was
seconded by Commissioner Long, and it carried unanimously.
VI #0300225 - DAWSON: 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
23-4-130 of the Weld County Code. To bring the property into compliance, the noncommercial
junkyard must be removed, restored, or screened from all adjacent properties and public
Hearing Certification, Zoning Violations
February 8, 2005 2005-0416
Page 3 PL0824
rights-of-way, and the mobile homes must be removed. Ms. Salzman stated the mobile home
application was approved in the past; however, it is no longer justified as an Accessory to the Farm.
Jacob Dawson, property owner,stated his daughter and son-in-law live in one of the mobile homes,
and they help with the sheep, goats and other farm work on the property. Responding to
Commissioner Jerke, Ms. Inloes stated the mobile home in violation is the one his daughter is living
in, and the other mobile homes were permitted as agricultural exemptions. Responding to
Commissioner Jerke, Mr. Dawson stated his daughter and son-in-law do have other employment
outside of working on the farm. Mr. Dawson stated the City of Brighton has contacted him through
a letter stating the property will be condemned and a water treatment plant will be built on this site.
Rich Dorey, a neighbor, stated that Mr. Dawson has lived on this property for many years and his
family helps on the farm,this is a family operation, the grandchildren help with the chores and they
are a good family. During the last two years, Mr. Dawson has cleaned up the place quite a bit.
Responding to Commissioner Masden, Mr. Dawson stated he has lived there since 1970 and he
is planning to schedule an auction in April or May to sell the remaining vehicles and machinery.
He has no indication when Brighton is planning to buy his property, however, they have had the
land appraised and surveyed. Ms. Inloes wanted to clarify the fact that they have worked with Mr.
Dawson throughout the years regarding violations; the mobile home issue came up in 1999 when
it was brought in as a Medical Hardship, and the noncommercial junkyard appeared. In June of
2004 a letter was sent, stating that the mobile home could be renewed with the condition that the
clutter around the home be cleaned up, however, this has continued to worsen. The area
surrounding the mobile home needs to be cleaned up and the Department of Planning will work
with Mr. Dawson regarding the permit. Ann Siron, Department of Planning Services, stated she
assessed the property the morning of February 7, 2005 and the site was not cleaned up; however,
the metal tubing was in piles. Mr. Dawson stated he removed most of those piles that afternoon
and there is one more load. Responding to Commissioner Long, Ms Salzman stated the
noncommercial junkyard extends past the clutter around the homes, it is also along the riverbed
and trees. There are a number of derelict vehicles and another mobile home, and an onsite
inspection will need to be scheduled.
Commissioner Masden moved to refer VI#0300225 against Jacob and Betty Dawson to the County
Attorney for legal action, with the instruction to delay action upon such referral until May 8, 2005,
to allow adequate time for the noncommercial junkyard to be removed, restored or screened from
all adjacent properties and public rights-of-way,to schedule an auction,and complete an inspection
of the property within thirty days by the Department of Planning Services. The motion was
seconded by Commissioner Long, and it carried unanimously.
VI #0500001 - MARTINEZ/CORDLE: 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 screened from all adjacent properties and pubic rights-of-way. Ms. Salzman stated the
property has been brought into compliance at this time; however, this is a reoccurring problem.
Jerry Cordle, tenant, stated the vehicle in this complaint was a truck on which he was changing oil
and had to special order a filter. The vehicle was licensed and operable, and it was his
understanding that if he owned the vehicle he could have it on the property. Mr. Cordle stated he
has since moved the vehicle and is trying to stay in compliance. Responding to Commissioner
Hearing Certification, Zoning Violations
February 8, 2005 2005-0416
Page 4 PL0824
Jerke, Mr. Cordle stated part of this property is screened and he uses his driveway to work on
vehicles; however, he is putting up a pole barn and will be working on the vehicles in that when
completed. Responding to Commissioner Masden, Mr. Cordle stated he owns the house on the
property and is leasing the land from Vicente Martinez. Vicente Martinez, land owner, stated he
was unaware of the current complaints. Mr. Martinez stated he gave Mr. Cordle a notice to clean
up the property. Responding to Commissioner Jerke, Mr. Martinez stated he feels the property is
cleaned up now.
Donna Adams, surrounding property owner, stated this problem has been going on for three years
and submitted photographs, marked Exhibit A. Ms. Adams stated Mr. Cordle cleans up the
vehicles; however, in a short time there are more. Ms. Adams stated Mr. Martinez owns a number
of properties in this area that he does not maintain. Responding to Commissioner Jerke, Ms.
Adams stated the pictures were taken in December, 2004, and the property does not look like that
now; however, she feels it will again. Responding to Commissioner Jerke, Mr. Cordle stated he
is in the process of submitting a permit for the pole barn and would like to have it completed this
week. Commissioner Jerke stated at this time the property is in compliance and to allow a
probation period in which the case would automatically be referred to the County Attorney without
coming before the Board is not justified.
Commissioner Long moved to dismiss VI#0500001 against Vicente Martinez and Jerry Cordle due
to the property being in compliance. The motion was seconded by Commissioner Masden, and it
carried unanimously.
VI #0400344 - ROSEMAN: 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,
23-3-40, 23-3-40.G, and 23-3-40.R of the Weld County Code. To bring the property into
compliance, the mobile home must be permitted, demolished or removed, and the noncommercial
junkyard must be removed, restored, or screened from all adjacent properties and public
rights-of-way. Ms. Salzman stated certified mail was sent on January 12, 2005, and returned
refused on January 13, 2005. Neither the property owner nor a representative was present, and
there was no public testimony given.
Commissioner Long moved to refer VI#0400344 against Charles Roseman to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0400125 - SWAYZE: 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, 23-3-20.A, 23-3-30, 23-3-30.F,
23-3-30.1, 23-3-40, 23-3-40.L, 23-3-40.R, and 29-7-10 of the Weld County Code. To bring the
property into compliance, the noncommercial junkyard must be removed, restored, or screened
from all adjacent properties and public rights-of-way, a Use for Special Review application must
be submitted or all semi trailers and cabs over the allowed amount must be removed, and the
mobile home must comply with current standards. Ms. Salzman stated Mr. Swayze has reduced
the number of semi trailers to one, and the noncommercial junkyard has been screened. Ms.
Salzman stated the representative for the property owner, Sharon Frazier, had spoken to her this
morning and was going to submit a building permit application and a zoning permit for the mobile
home. Neither the property owner nor a representative was present, and there was no public
Hearing Certification, Zoning Violations
February 8, 2005 2005-0416
Page 5 PL0824
testimony given.
Commissioner Long moved to refer VI #0400125 against Jack Swayze to the County Attorney for
legal action, with the instruction to delay action upon such referral until March 8, 2005, to allow
adequate time for the building and zoning permit to be submitted. The motion was seconded by
Commissioner Masden, and it carried unanimously.
VI#0400124-WOLFE: Ms. Salzman presented the case report for the record and pursuant to the
case file,this property is in violation of Sections 23-3-20,23-3-20.A, 23-3-30, 23-3-30.C, 23-3-30.F,
23-3-30.1, 23-4-130, 23-4-140, 23-4-170, 23-4-180, and 29-7-10 of the Weld County Code. To
bring the property into compliance the mobile homes must be permitted or removed, and the
noncommercial junkyard must be removed, restored, or screened from all adjacent properties and
public rights-of-way.
Vernon and Linda Wolfe, property owners, stated they operate a dairy with 325 head, farm 320
acres and the mobile homes were permitted at one time; however, they were not notified that the
permits needed to be renewed. They are willing to comply with regulation.
Commissioner Long moved to refer VI #0400124 against Vernon and Linda Wolfe to the County
Attorney for legal action, with the instruction to delay action upon such referral until May 8, 2005,
to allow adequate time for the Zoning Permits for a mobile home to be submitted and the
noncommercial junkyard to be removed, restored, or screened from all adjacent properties and
public rights-of-way. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI #0400333 - CASTRUITA: 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,
23-3-40.B, 23-3-40.6.16, 23-3-50, 23-3-50.D, and 29-3-10 of the Weld County Code. To bring the
property into compliance the number of animals must be reduced, and all structures over 120
square feet require building permits. Ms.Salzman stated the property owners were not notified and
is requesting this case be continued for thirty days.
Commissioner Masden moved to continue VI #0400333 against Jose and Nadine Castruita until
March 8, 2005,to allow adequate time for the property owners to be notified of the violation hearing
date. The motion was seconded by Commissioner Long, and it carried unanimously.
Hearing Certification, Zoning Violations
February 8, 2005 2005-0416
Page 6 PL0824
This Certification was approved on the 14th day of February, 2005.
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X BOARD OF COUNTY COMMISSIONERS
1861 : ' / � WELD COUNTY, COLORADO
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c & :emu � Clerk to the Board
s4/ 1' 04 her e f l� William H. Jerke, Chair
Deputy Cl rk to the Board EXCUSED
M. eile, Pro-Tem
TAPE #2005-01 c
Dr. ziF\ Log
Robert D. Masden
EXCUSED
Glenn Vaad
Hearing Certification, Zoning Violations
February 8, 2005 2005-0416
Page 7 PL0824
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