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Home My WebLink About20051950.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION A public hearing was conducted on July 12, 2005, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair- EXCUSED Commissioner M. J. Geile, Pro-Tem Commissioner David E. Long - EXCUSED Commissioner Robert D. Masden Commissioner Glenn Vaad 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 #0400209 - HULL/MOREY: 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 Building Permit must be amended to include all aspects of the project, all inspections must be completed, and a Certificate of Occupancy issued. Ms. Gregory stated Charles Hull contacted her on June 24, 2005, and he was having surgery for a broken arm and is requesting more time to complete all the work needed. Ms. Gregory stated this is a remodeling project and the permit expired due to lack of inspections. Responding to Commissioner Geile, Dave Williamson, Building Inspections, stated a stick structure is being built around a double wide mobile home. The original permit was for remodeling a kitchen and the permit does not reflect the actual work being done. Mr. Williamson stated if the project is considered remodeling a stick home the bank will finance it and Mr. Hull will be able to continue with this project. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Masden moved to refer VI#0400209 against Charles Hull and Bonnie Morey to the County Attorney for legal action, with the instruction to delay action upon such referral until August 12, 2005, to allow adequate time for the Building Permit to be amended and all inspections to be completed. The motion was seconded by Commissioner Vaad, and it carried unanimously. 2005-1950 PL0824 On ; f L © 7-oza -oS— VI#0400216-BECKLES,LLC/LISCANO: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, 23-3-30, 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 must be restored, removed, or screened from all adjacent properties and public rights-of-way,and the semi trailer and cab must be removed from the property or a Use By Special Review permit must be submitted. Peter Liscano, tenant, stated he would remove the semi trailer and cab, and he was planning to fence the property; however, all the steel for the fencing was stolen. Mr. Liscano stated he has now replaced the stolen fencing and will need some time to complete the work. Commissioner Vaad moved to refer VI #0400216 against Beckles, LLC, and Peter Liscano to the County Attorney for legal action, with the instruction to delay action upon such referral until August 12, 2005, to allow adequate time for the semi trailer and cab to be removed, and the noncommercial junkyard to be screened. The motion was seconded by Commissioner Masden, and it carried unanimously. VI #0500138 - BOXLEY: 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, 23-3-150.B, and 23-3-150.C 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. Siron stated the certified mail receipt has not been received and she has not been able to contact the property owners. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Vaad moved to continue VI #0500138 against Jeffery Boxley until August 9, 2005, to allow adequate time for the Department of Planning Services to contact the property owner regarding the hearing date. The motion was seconded by Commissioner Masden, and it carried unanimously. VI #0500140 - LOZOYA: 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, 23-3-40, and 23-3-40.H of the Weld County Code. To bring the property into compliance the number of household pets must be reduced to four, or a Use By Special Review must be submitted. Rigoberto Lozoya, property owner, through an interpreter, Carmen Lozoya, stated he has removed two of the dogs, and now has four left on the property. Commissioner Vaad moved to dismiss VI #0500140 against Rigoberto Lozoya due to the number of dogs being reduced to four. The motion was seconded by Commissioner Masden, and it carried unanimously. VI#0500154-LOPRESTO: 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 must be restored, removed, or screened from all adjacent properties and public rights-of-way. Ms. Siron stated the certified mail came back unclaimed, and she hand delivered a letter on July 7, 2005, to Hearing Certification, Zoning Violations July 12, 2005 2005-1950 Page 2 PL0824 the property owner. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Masden moved to refer VI # 0500154 against Nathan and Lisa Lopresto to the County Attorney for immediate legal action. The motion was seconded by Commissioner Vaad, and it carried unanimously. VI #0500130 - GALLEGOS: 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 restored, removed, or screened from all adjacent properties and public rights-of-way. Ms. Salzman stated she has been communicating with Susan Gallegos through phone messages, and is requesting thirty days to allow the property owners to complete all the work needed. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Vaad moved to refer VI #0500130 against Christopher and Susan Gallegos to the County Attorney for legal action, with the instruction to delay action upon such referral until August 12, 2005, to allow adequate time for the noncommercial junkyard to be restored, removed or screened from all adjacent properties and public rights-of-way. The motion was seconded by Commissioner Masden, and it carried unanimously. VI#0500114-MITCHELL: 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. William Mitchell, property owner, stated the vehicles parked on his property are running or are in the process of getting fixed. The vehicles are owned by family member's that live in the city limits and do not have the room to park them at their residences. Mr. Mitchell stated he has been working on the vehicles to get them removed or running; however, his wife had a stroke and all work stopped so he could take care of her. Responding to Commissioner Geile, Mr. Mitchell stated he would work to clear up the violations and would need additional time. Commissioner Masden moved to refer VI#0500114 against William Mitchell to the County Attorney for legal action, with the instruction to delay action upon such referral until August 12, 2005, to allow adequate time for the noncommercial junkyard to be restored, removed, or screened from all adjacent properties and public rights-of-way. The motion was seconded by Commissioner Vaad, and it carried unanimously. VI #0400133 - COULTER/OSTRANDER: 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 29-8-40 of the Weld County Code. To bring the property into compliance the mobile home must be demolished or removed from the property, and the noncommercial junkyard must Hearing Certification, Zoning Violations July 12, 2005 2005-1950 Page 3 PL0824 be restored, removed, or screened from all adjacent properties and public rights-of-way. Tracy Ostrander, tenant, stated she has been going through medical and legal issues so she will need some time to get the violation problems resolved. Commissioner Masden moved to refer VI #0400133 against Gary and Karen Coulter, and Tracy Ostrander to the County Attorney for legal action, with the instruction to delay action upon such referral until December 12, 2005, to allow adequate time for the mobile home to be removed or demolished, and the noncommercial junkyard to be restored, removed, or screened from all adjacent properties and public rights-of-way. The motion was seconded by Commissioner Vaad, and it carried unanimously. This Certification was approved on the 18th day of July, 2005. APPROVED: ATTEST:&de COUNTY COMMISSIONERS I IE z WELD COUNTY, COLORADO Weld County Clerk tot B. 'a EXCUSED //1. (4' William H. erke, Chair BY: Deputy Clerk to the r. � 747 6 �� j � M. J. Geile, Pro-Tem u..I TAPE #2005-04 EXCUSED David E. 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