HomeMy WebLinkAbout20052680.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on September 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
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, 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 #0400090 - PRESTON RANCH MINISTRIES INC: 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 29-7-130 and 29-8-40 of the Weld County Code. To bring the property into
compliance, the mobile home must be removed or all inspections must be completed and a
Certificate of Occupancy issued. Ms. Gregory stated the violation was continued from
March 8, 2005, to allow time for the construction on the utility building to be completed and the
mobile home to be removed.
Bob Korthuis, property owner, stated they originally were going to remove the mobile home after
the large utility building was completed. Mr. Korthuis stated that they are planning to bring in about
eight more homes and would now like to keep the mobile home. Responding to Commissioner
Geile, Mr. Korthuis stated they would like to keep the mobile home to be used as a kitchen and
eating area, and also as an evening meeting area. Responding to Commissioner Jerke, Mr.
Korthuis stated the neighbors support them and there have been no complaints regarding the
mobile home. Responding to Commissioner Jerke, Wendi Inloes, Department of Planning
Services, stated to keep the mobile home on the property legally, they will have to amend the Use
by Special Review application to include any future construction that will take place.
Commissioner Vaad moved to refer VI #0400090 against Preston Ranch Ministries Inc., back to
the Department of Planning Services to amend the Use by Special Review permit to allow the
mobile home to be used as long as needed to complete all construction on the property. The
2005-2680
PL0824
motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0300245 - LAUGHLIN: 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, all inspections must be completed, and the permit must have final
approval. Ms. Gregory stated the property owners have not contacted or responded to staff since
March, 2005. Neither the property owner nor a representative was present, and there was no
public testimony given.
Commissioner Long moved to refer VI #0300245 against Russell and Carolyn Laughlin to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Vaad,
and it carried unanimously.
VI#0400363-HOFMEISTER: 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, all inspections must be completed and the permit must have final
approval. Ms. Gregory stated all inspections have been completed except for the electrical, and
there has been no response from the property owners since December,2004. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Vaad moved to refer VI #0400363 against James and Dianne Hofmeister to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Long,
and it carried unanimously.
VI #0500167 -OLIVER: Ms. Inloes, 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, 23-3-40, 23-3-40.O
and 23-3-40.R of the Weld County Code. To bring the property into compliance, a Use by Special
Review permit must be submitted,or all commercial activity must cease. Ms. Inloes stated Tiffane
Johnson, representative, contacted staff this morning to submit a Use by Special Review
application. Ms. Johnson was present, and stated the business is a casting concrete foundation
company operating out of the residence, and they have thirty-three employees. There are some
vehicles used for hauling supplies and forms to job sites, and there is limited equipment on the
property. Ms. Johnson presented pictures for the Board showing the property is well maintained,
marked Exhibit A. Ms. Johnson stated sixty days would be needed to submit the Use by Special
Review application.
Commissioner Vaad moved to refer VI #0500167 against Lester and Rachel Oliver to the County
Attorney for legal action, with the instruction to delay action upon such referral until
November 13, 2005, to allow adequate time for the Use by Special Review application to be
submitted. The motion was seconded by Commissioner Geile, and it carried unanimously.
VI #0500175 - CHURCH BARN LLC/MONTERA: Ms. Inloes 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.O and 23-3-40.R of the Weld County Code. To bring the property into
compliance,a Use by Special Review application must be submitted,or event activities must cease
Hearing Certification, Zoning Violations
September 13, 2005 2005-2680
Page 2 PL0824
until proper permits are obtained. Ms. Inloes stated the property owners have contacted staff and
a Use by Special Review application will be submitted. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Geile moved to refer VI #0500175 against Church Barn LLC, do Richard Montera
to the County Attorney for legal action, with the instruction to delay action upon such referral until
November 13, 2005, to allow adequate time for a Use by Special Review application to be
submitted. The motion was seconded by Commissioner Long, and it carried unanimously.
VI #0500141 - GUERRANIGIL: 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 Mr. Guerra had screened some of the property;
however,the screening is not approved by staff,and the property is not in compliance. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Vaad moved to refer VI #0500141 against Gerard Guerra and Loretta Vigil to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Geile,
and it carried unanimously.
VI #0500203 - BENCOMO: 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.O and
23-3-40.R of the Weld County Code. To bring the property into compliance, the commercial
vehicles and storage must be removed,or a Use by Special Review permit must be submitted. Ms.
Salzman stated the property owner has not contacted staff, and there have been numerous
complaints received on this site. Neither the property owner nor a representative was present,and
there was no public testimony given.
Commissioner Geile moved to refer VI #0500203 against Fidel Javier Bencomo to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
VI#0500169 - LEMAY: 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 trash must be removed and
the commercial recycling operation must cease. Ms. Salzman stated the back yard has continued
to deteriorate and numerous complaints have been received. Ms. Salzman stated this has become
a Health Department concern due to mice and/or rats,and the hazardous household waste on site.
Victoria Lemay, property owner, stated they are in the process of moving in a double wide home
on the property, and her mother had recently passed away,so they have gotten behind in the clean
up effort. They are tearing down some sheds and are hauling away the trash and tires; however,
their funds are limited and this is also slowing down the process. Lester Lemay, property owner's
son, stated the commercial hauling business was in operation for only two weeks,and is no longer
being conducted. The lettering on the pickup will be removed and there will be no further
advertising. Responding to Commissioner Geile,Ms.Salzman stated she would conduct an on site
Hearing Certification, Zoning Violations
September 13, 2005 2005-2680
Page 3 PL0824
inspection and inform Ms. Lemay of all details needed to get the property into compliance, such
as removing automobile fluids, batteries, tires, and wood piles. Ms. Lemay stated they will work
with staff and will continue to clean up the property.
Commissioner Geile moved to refer VI #0500169 against Victoria Lemay to the County Attorney
for legal action, with the instruction to delay action upon such referral until December 13, 2005, to
allow adequate time for the property owners to remove all trash and hazardous household waste,
and remove all indication of a commercial business from vehicles and property. The motion was
seconded by Commissioner Vaad, and it carried unanimously.
VI #0400043 - HIGHMARK MANUFACTURING INCNALCONESI: 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, 23-3-40, 23-3-40.0, 23-3-40.R, 29-3-10 and 29-3-230 of the Weld
County Code. To bring the property into compliance, all commercial storage and operations must
be removed or a Use by Special Review Permit must be submitted, and a new building permit must
be submitted for the structures, due to the previous permit expiring. Peter Valconesi, property
owner, stated the Town of Johnstown is wanting to annex this property, and that is the reason the
building permit expired. Mr.Valconesi stated his business consists of suppling laundry furnishings,
countertops,folding tables and table panels for commercial coin laundromats throughout the United
States, and he is in the process of reducing his stock and is moving the office into his home. Mr.
Valconesi stated he will get the property into compliance, and he is in the process of submitting a
Use by Special Review application.
Commissioner Vaad moved to refer VI #0400043 against Peter and Heather Valconesi, dba:
Highmark Manufacturing Inc. to the County Attorney for legal action, with the instruction to delay
action upon such referral until November 13, 2005, to allow adequate time for the property owner
to submit a Use by Special Review application. The motion was seconded by Commissioner
Masden, and it carried unanimously.
VI #0500111 - MCCAULEY: 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 screened from all adjacent properties and public
rights-of-way, and the mobile home must be permitted or removed. Ms. Salzman stated Millard
Boyles, property owner's father, has permitted the vehicles so the noncommercial junkyard is no
longer a violation; however the mobile home has never been permitted. Mr. Boyles stated this is
a small trailer, and at one time he did try to get a permit; however, was told he could not get one.
Mr. Boyles stated this mobile home has been on the property for a number of years, and he would
like to get a permit for this to be used for a storage unit as it is well maintained and he would place
it in the back yard out of view. Responding to Commissioner Jerke, Ms. Inloes stated there is not
a grand fathering clause to cover mobile homes to be used for storage. Mobile homes cannot be
used for storage under any circumstance and the only permit available at this time is for the mobile
home to be stored on the property for six months until Mr. Boyles can remove it. Ms. Inloes stated
another option is the mobile home could be completely demolished, and then use the materials to
rebuilt a storage unit.
Hearing Certification, Zoning Violations
September 13, 2005 2005-2680
Page 4 PL0824
Commissioner Vaad moved to refer VI #0500111 against Laura McCauley to the County Attorney
for legal action,with the instruction to delay action upon such referral until March 13, 2006,to allow
adequate time for the property owner to remove or demolish the mobile home. The motion was
seconded by Commissioner Long, and it carried unanimously.
This Certification was approved on the 19th day of September, 2005.
e�ar� APPROVED:
i,\` i ��') j/4/// BOARD OF COUNTY COMMISSIONERS
.• biz DEW WELD COUNTY, COLORADO
• { %141•x? o rty Clerk to the Board �. ' k/�w�
ikr. - /�. 4 William H. rke, Chair
c / 1_eJl job
c
�= %f• luty Clerk to e Board ie-1, -
M. J. Pro-Tem
TAPE #2005-04 and 05 ci €
Da . Long
t
Robert D. Masden
0
lG ehn Vaad -
Hearing Certification, Zoning Violations
September 13, 2005 2005-2680
Page 5 PL0824
ATTENDANCE RECORD
VIOLATION HEARINGS FOR THISc���-Pxa /�/�fil` //e- G=C16-7(9_s
PLEASE print your name and complete address and or the name of the applicant of the hearing you are attending.
NAME ADDRESS VIOLATION NUMBER
77/1z7/ 1-e.> :LI)/ i`z)f 5SE/ Got/ScNTIGQut-R 417/D VcA' Pre
t-eniC-) �/ / c /S`/dss— GY! Cok 70 / S-
L-9 cT0 // / fr4cz4- C) cy_ / /✓'4113 /<Tr
Hello