HomeMy WebLinkAbout20050809.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on November 8, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair- TARDY
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden - EXCUSED
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
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 #0500228 - HALL: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, 23-3-40, 23-3-40.R,23-4-130, 23-4-140 and 23-4-180 of the Weld County Code. To bring
the property into compliance, the camper trailer must be unoccupied and disconnected from all
utilities, and the proper permits must be submitted for the semi trailers and cab or they must be
removed. Ms. Siron stated the violation was continued from October 11, 2005, to allow the
property owner to be present at the hearing. Ms. Siron stated Ronald Hall contacted her by phone
on November 4, 2005, and stated he had been on vacation, also that his son had bought a new
home and had moved out of the camper trailer. Ronald and Ann Hall, property owners, stated that
due to a medical hardship, they had moved the camper trailer in for their son. Ms. Hall stated they
are looking into the possibly of having a mobile home moved onto the property for her sister to live
in. Responding to Commissioner Long, Ms. Siron stated she would inform Ms. Hall on the process
of applying for a Medical Hardship. Responding to Commissioner Geile, Ms. Hall stated that no
one is living in the camper trailer now. Ms. Siron stated she will need a letter confirming this, and
the case could be closed due to the semi trailers and cab having been moved prior to this hearing.
Commissioner Vaad moved to close VI # 0500228 against Ronald and Ann Hall due to receiving
a letter from the property owners stating no one is living in the camper trailer. The motion was
seconded by Commissioner Long, and it carried unanimously.
2005-0809
PL0824
VI #0400217 - STALEY: 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, 23-3-30.1, 23-3-40, 23-3-40.G
and 23-3-40.R of the Weld County Code. To bring the property into compliance the noncommercial
junkyard must be restored, removed, or screened from all adjacent properties and public
rights-of-way, and all commercial vehicles must be removed or a Use by Special Review permit
must be submitted. Ms. Siron stated the violation was continued from October 11, 2005, to allow
staff to meet with Norman Staley to determine what needs to be removed and what is considered
to be farming supplies and equipment. Ms. Siron stated staff met with Norman Staley and has
scheduled a work session. Neither the property owners nor a representative was present, and
there was no public testimony given.
Commissioner Long moved to refer VI#0400217 against Norman and Debra Staley to the County
Attorney for legal action, with the instruction to delay action upon such referral until
January 8, 2006, to allow adequate time for staff to conduct the work session with the property
owners to clear up outstanding violations. The motion was seconded by Commissioner Vaad, and
it carried unanimously.
VI#0400141 -MENDOZA: 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 the permit must have final approval. Ms. Gregory stated there have been no
inspections scheduled since February, 2005, and the property owners have not contacted staff.
Neither the property owners nor a representative was present, and there was no public testimony
given.
Commissioner Long moved to refer VI#0400141 against Manuel and Louis Pedro Mendoza to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Vaad,
and it carried unanimously.
(Commissioner Jerke is now present.)
VI #0500196 -VEGA: Ms. Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 29-5-120, 29-5-140, and 29-8-40 of the Weld
County Code. To bring the property into compliance, all electrical inspections must be completed
and have final approval. Ms. Gregory stated Abelardo Vega has been out of town, and will start
on this project when he returns. Ms. Gregory stated there have been no inspections scheduled or
completed. Neither the property owners nor a representative was present, and there was no public
testimony given.
Commissioner Vaad moved to refer VI#0500196 against Abelardo and Nancy Vega to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it
carried unanimously.
VI#0500295 -TRUMP: 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 have final approval.
Hearing Certification, Zoning Violations
November 8, 2005 2005-0809
Page 2 PL0824
Ms. Gregory stated no inspections have been scheduled, and the property owner has not
responded to staff. Neither the property owner nor a representative was present, and there was
no public testimony given.
Commissioner Geile moved to refer VI#0500295 against Dennis Trump to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
VI #0500308 - CROISSANT/FYFFE: 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 have final approval.
Ms.Gregory stated an extension was granted in August, 2005; however, no inspections have been
scheduled and there has been no contact from the property owners. Neither the property owners
nor a representative was present, and there was no public testimony given.
Commissioner Vaad moved to refer VI #0500308 against Michael Croissant, and Jerry and Jan
Fyffe to the County Attorney for immediate legal action. The motion was seconded by
Commissioner Geile, and it carried unanimously.
VI#0500332-GREENE: Ms.Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 23-4-160 and 29-7-130 of the Weld County Code.
To bring the property into compliance, the mobile home must be removed and the permit for the
manufactured home must have all inspections completed and a Certificate of Occupancy issued.
Ms. Gregory stated the second mobile home has been removed and a final inspection has been
scheduled for November 10, 2005. Neither the property owners nor a representative was present,
and there was no public testimony given.
Commissioner Long moved to refer VI #0500332 against Tasha Rae Greene to the County
Attorney for legal action, with the instruction to delay action upon such referral until
December 8, 2005, to allow adequate time for all inspections to be completed and a Certificate of
Occupancy issued. The motion was seconded by Commissioner Vaad, and it carried unanimously.
VI #0500360 -ALVARADO: Ms. Gregory 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 the property into compliance, all inspections must be completed and a Certificate
of Occupancy must be issued. Abraham Alvarado, property owner, stated he was building this
home with his son who now has found a job, so he is doing the work alone. Mr. Alvarado stated
most of the work is complete, and presented pictures for the Board, marked Exhibit A. Mr.
Alvarado stated he would like to have more time to complete the project.
Commissioner Geile moved to refer VI #0500360 against William and Abraham Alvarado to the
County Attorney for legal action, with the instruction to delay action upon such referral until
February 8,2006,to allow adequate time for the property owner to complete the work and schedule
inspections, and a Certificate of Occupancy issued. The motion was seconded by Commissioner
Long, and it carried unanimously.
Hearing Certification, Zoning Violations
November 8, 2005 2005-0809
Page 3 PL0824
VI #0500014 -J AND M PARTNERSHIP/MONSON: 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, 23-3-40.R and 29-3-320 of the Weld County Code. To bring the property into compliance,
a Use by Special Review permit must be submitted. Ms. Siron stated Bruce Johnson is working
on this project and Ed Monson has indicated to him that thirty days would be enough time to
complete and submit a Use by Special Review application. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Geile moved to refer VI #0500014 against J and M Partnership, c/o Ed Monson to
the County Attorney for legal action, with the instruction to delay action upon such referral until
December 8, 2005, to allow adequate time for a Use by Special Review permit to be submitted.
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 the property into compliance, the noncommercial junkyard must be
restored or removed. Ms. Siron stated there is a language problem, and is requesting this case
be continued to December 13, 2005. Neither the property owners nor a representative was
present, and there was no public testimony given.
Commissioner Geile moved to continue VI #0500261 against Jorge Morales until
December 13, 2005, to allow adequate time for staff to contact an interpreter to inform the property
owners of the violations. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
VI#0500241 -VELASQUEZ: 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. Frank and Socorro Velasquez, property owners, stated thirty days would
be enough time to complete the fencing around the property.
Commissioner Vaad moved to refer VI #0500241 against Frank and Socorro Velasquez to the
County Attorney for legal action, with the instruction to delay action upon such referral until
December 8, 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 Long, and it carried unanimously.
VI #0500273 - IRWIN: 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.B, 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, and the
camper trailer must not be utilized as a dwelling unit. Ms. Salzman stated Nancy Irwin met with her
on site, there has been good progress, and thirty days would been enough time to complete the
work needed. Neither the property owners nor a representative was present, and there was no
public testimony given.
Hearing Certification, Zoning Violations
November 8, 2005 2005-0809
Page 4 PL0824
Commissioner Vaad moved to refer VI #0500273 against George and Nancy Irwin to the County
Attorney for legal action, with the instruction to delay action upon such referral until
December 8, 2005, to allow adequate time for the noncommercial junkyard to be restored,
removed, or screened from all adjacent properties and public rights-of-way, and the camper trailer
will cease to be used as a dwelling unit. The motion was seconded by Commissioner Long, and
it carried unanimously.
VI#0500280-HERNANDEZ/SANTOS: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
commercial vehicles must be removed or proper permits submitted, and 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 not responded to the violation letter
that was posted on the main gate, and have not contacted staff. Ms. Salzman stated three more
complaints have been received on this site. Neither the property owners nor a representative was
present, and there was no public testimony given.
Commissioner Long moved to refer VI #0500280 against Roberto Hernandez and Irma De Los
Santos to the County Attorney for immediate legal action. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
VI #0500284 - PLONKA: 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, 23-4-130,
23-4-140 and 29-7-10 of the Weld County Code. To bring the property into compliance, the mobile
home must be removed, or proper permits submitted. Ms. Salzman stated Mary Plonka contacted
staff and submitted a letter stating the Fort Lupton Fire Department will be using the mobile home
for a practice burn. Responding to Commissioner Long, Ms. Salzman stated the fire department
does not remove debris from the site, the property owner is responsible. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Long moved to refer VI#0500284 against Mary Ann Plonka to the County Attorney
for legal action,with the instruction to delay action upon such referral until January 8, 2006,to allow
adequate time for the mobile home to be demolished by burning through the Fort Lupton Fire
Department. The motion was seconded by Commissioner Geile, and it carried unanimously.
VI #0500168 - HEARON: 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,
23-4-130, 23-4-140 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 removed or proper permits submitted. Ms.
Salzman stated this property has been listed for sale, and is requesting immediate action be taken
to inform possible home buyers of the violations. Neither the property owners nor a representative
was present, and there was no public testimony given.
Hearing Certification, Zoning Violations
November 8, 2005 2005-0809
Page 5 PL0824
Commissioner Vaad moved to refer VI #0500168 against Paul and Crystal Hearon to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Geile, and it
carried unanimously.
VI #0000312 - FINLEY/CUSTY: Ms. Salzman 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.C,
23-3-330.D, 23-3-330.E, 23-7-30 and 23-7-40 of the Weld County Code. To bring the property into
compliance, the mobile homes must be removed, or proper permits must be submitted. Ms.
Salzman is requesting a thirty day delay to arrange an on site inspection. Neither the property
owners nor a representative was present, and there was no public testimony given.
Commissioner Long moved to refer VI#0000312 against Tony, Dave and Todd Finley,and Thomas
Lusty to the County Attorney for legal action,with the instruction to delay action upon such referral
until December 8, 2005, to allow adequate time for an inspection to be completed by staff. The
motion was seconded by Commissioner Geile, and it carried unanimously.
This Certification was approved on the 14th day of November, 2005.
�►�,o APPROVED:
ATTEST: #G // �/ '* `':
77 ttav BOARD OF COUNTY COMMISSIONERS
1161 I- +% a. ELD COUNTY, COLORADO
Wel. •ounty Clerk to the h�
BY: 1 !r�3 -� " "VViIliam H. J e, Chair
D:4 uty Cle to the Boar.'
eile, Pro-Tem
TAPE #2005-05 and 2005-06
David E. Long
EXCUSED
Rob D. M s en
Glenn VaacE—�
Hearing Certification, Zoning Violations
November 8, 2005 2005-0809
Page 6 PL0824
ATTENDANCE RECORD
VIOLATION HEARINGS FOR THIS G �/.
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