HomeMy WebLinkAbout20051151.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on April 12, 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 - 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, Michelle Martin
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 #0400292 - STEPHENS: 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, 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. Ms. Siron stated the violation was continued from March 8, 2005, to allow
adequate time to contact the property owner of the violation hearing date. Ms. Siron stated she
contacted Patsy Stephens and Ms. Stephen's son had been in a car accident and she was
unavailable. Patsy Stephens, property owner, stated her son had been in the hospital for over four
months; however, he is home now and she is willing to correct the violation and will need
approximately sixty days to complete.
Commissioner Geile moved to refer VI #0400292 against Patsy Stephens to the County Attorney
for legal action, with the instruction to delay action upon such referral until June 12, 2005, to allow
adequate time for the noncommercial junkyard to be screened from all adjacent properties and
public rights-of-way. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI #0300227 - WROBLEWSKI/WROBLEWSKI: Bethany Salzman, Department of Planning
Services, presented the case report for the record and pursuant to the case file, this property is in
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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, the number of semi cabs and trailers must
be reduced to one, and the conditions prior to approval of the Home Occupation Permit must be
completed. Ms. Salzman stated this violation was continued from March 8, 2005, as requested by
Donald Wroblewski, therefore, the property owner, tenant, and representative would be able to
attend the hearing. Ms. Salzman stated this case originated under Use by Special Review#1465,
and due to an error by staff, the property owners were under the impression that they could have
one semi and one trailer under the Home Occupancy permit; however, this is not allowed in a
subdivision. Responding to Commissioner Jerke, Ms. Salzman stated because this is in a
subdivision, one semi or one trailer is allowed, and this issue is not addressed within the
subdivision covenant and there is no home owners association. Michael Steward, property owner's
representative, stated he has copies of the Hearing Certification from the Use by Special Review
#1465 for a Home Business, and presented this to the Board, marked Exhibit A. Mr. Steward
stated that it was his client's understanding that there could be one semi and one trailer on site as
stated in the hearing certification. Mr. Steward stated a business is not conducted on this property,
and the truck is parked on the property only at night.
Dave Llavanway, surrounding property owner, stated the trucks are tearing up the road and the
dust is a problem. Mr. Llavanway stated the County repairs the road only to have the condition
return immediately. Mr. Llavanway stated Mr. Wroblewski hauls in heavy equipment and unloads
it, leaving it there for long periods of time before it is hauled away. Responding to Commissioner
Geile, Mr. Llavanway stated he has seen only one semi and one trailer on the property. Joe
Wroblewski, tenant, stated at one time he had more trailers on the property; however, they have
now been removed, and the County does fix the road when needed. Ms. Salzman stated that the
Home Occupation application has not been completed through the Department of Planning
Services. Mr. Steward stated a business is not conducted on the property and the one truck and
one trailer are only parked overnight on the property.
Commissioner Geile moved to dismiss VI #0300227 against Donald and Joe Wroblewski. The
motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0400325 - WROBLEWSKI: 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, and 23-3-40.R of the Weld County Code. To bring the property into compliance, the
commercial vehicles must be removed from the property or appropriately permitted. Ms. Salzman
stated the violation was continued from March 8, 2005, as requested by Donald Wroblewski,
therefore, the property owner and representative would be able to attend the hearing. Responding
to Commissioner Jerke, Ms. Salzman stated there is not a Use by Special Review application for
this property. Mr. Steward stated there are three cargo containers on site for storage. Mr. Steward
stated Mr.Wroblewski purchased this property in 1976 and since then has had a number of trailers
on this site prior to the adoption of the County Code in 1981. Mr. Wroblewski removed the trailers
when the County contacted him, even though he might have been able to keep them as a
nonconforming use. Mr. Steward stated that it was his client's understanding that he could have
the trailers as storage if the wheels were removed. Mr. Steward stated the cargo containers are
hardly visible from the road, and submitted pictures for the Boards review, marked Exhibit A. Mr.
Steward stated Mr. Wroblewski has reduced the number of trailers from twenty five to three, and
they are parked behind buildings barely visible from the road, and has established use prior to
code.
Hearing Certification, Zoning Violations
April 12, 2005 2005-1151
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Donald Wroblewski, property owner, stated the trailers are used for storage. Responding to
Commissioner Jerke, Mr. Wroblewski stated he has lived in the home since 1976, and at one time
he did transfer the title; however, the property is back in his name.
Reed Graves, surrounding property owner, stated the trailers are visible from Weld County Road
8 and the pictures were taken at a different angle. Barbara Perkinson, neighbor, stated she has
lived there for forty years and the trailers were not there for twenty years; however, there has been
a number of them on and off of the property, and they are visible from the road. Responding to
Commissioner Jerke, Ms. Salzman stated the trailers do not have a provision under the Weld Code
for the wheels being removed for storage, so they would be considered commercial vehicles and
cargo containers could not be screened to clear up the violation. Responding to Commissioner
Jerke, Bruce Barker, County Attorney, stated these containers are not allowed in subdivisions.
Responding to Commissioner Jerke, Mr.Wroblewski stated that the pictures were taken from Weld
County Road 8, and are in fact, located next to the buildings and are portable storage containers,
not semi trailers. Mr. Steward stated the Home Occupation does not apply to this property since
there is not a business on this site. Responding to Commissioner Geile, Mr. Barker stated for the
Nonconforming Use to apply, the structures would have to have been there before it was zoned,
and the cargo containers are prohibited in the subdivision.
Commissioner Masden moved to refer VI #0400325 against Donald Wroblewski to the County
Attorney for legal action,with the instruction to delay action upon such referral until June 12, 2005,
to allow adequate time for the commercial vehicles to be removed from the property. The motion
was seconded by Commissioner Geile, and it carried unanimously.
VI #0400154-STEWART: 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 removed.
Ms. Salzman stated she contacted Mr. Steward on April 11, 2005, and is requesting that this case
be continued to May 10, 2005, to allow his council to be available to attend the violation hearing,
and Mr. Steward is making progress in the demolition of the mobile home and is making
substantial improvements on the property. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Masden moved to continue VI #0400154 against Gary Stewart to May 10, 2005,
to allow the property owner's council to be available to attend the violation hearing, and allow
adequate time for the mobile home to be removed. The motion was seconded by Commissioner
Geile, and it carried unanimously.
VI#0300253-HARRIS: 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, 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 no more than four, or a Use by Special Review application must be submitted. Ms.
Salzman stated that the property is for sale and the property owner has not contacted her regarding
the number of dogs on this site.
Susan Harris, property owner, stated she has twelve dogs on site as of today, and the dogs are
Hearing Certification, Zoning Violations
April 12, 2005 2005-1151
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contained, they do not run at large. Ms. Harris stated that when she purchased the property four
and a half years ago, she was unaware of any restrictions regarding pets or animals. Ms. Harris
stated she lost her job last year and does not have the funds for the kennel license. Ms. Harris
presented a photo page showing the increase in taxes, causing her house payment to go up over
two hundred and fifty dollars a month, marked Exhibit A. Ms. Harris stated she does have the
property for sale. Responding to Commissioner Jerke, Ms. Salzman stated the compliant
originated from a County Department, not a neighbor.
Commissioner Geile moved to refer VI#0300253 against Susan Harris to the County Attorney for
legal action, with the instruction to delay action upon such referral until July 12, 2005, to allow
adequate time for the property to sell. The motion was seconded by Commissioner Vaad, and it
carried unanimously.
VI #0300271 - KAUFFMAN/BELL: 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, 23-4-130,and 23-4-140 of the Weld County Code. To bring the property into
compliance the mobile home must be removed. Ms. Salzman stated Mathew Bell did contact her
and is making arrangements to remove the mobile home from the site.
Mathew Bell, property owner, presented an agreement letter for the purchase of the mobile home
to the Board, marked Exhibit A. Mr. Bell stated he is having a hard time selling the mobile home,
the first contract fell through and it has taken this long to find someone else to purchase the home.
Mr. Bell stated they are needing more time to allow the person who purchased the mobile home
to hire someone to remove her old home and move this one to her property in Akron. Mr. Bell
stated he is doing every thing possible to get the mobile home off the property, including dropping
the purchase price to cover the cost of moving the mobile home to Akron, and will continue to work
with the Department of Planning Services to clear up this violation.
Commissioner Masden moved to refer VI #0300271 against Raymond and Darlene Kauffman
(Heirs of) and Mathew Bell to the County Attorney for legal action, with the instruction to delay
action upon such referral until May 12, 2005, to allow adequate time for the mobile home to be
removed. The motion was seconded by Commissioner Vaad, and it carried unanimously.
VI #0400215 -COLLINS: 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 noncommercial
junkyard must be restored, removed, or screened from all adjacent properties and public
rights-of-way, and the commercial equipment and vehicles must be removed or appropriately
permitted. Ms. Salzman stated Mr. Collins contacted her before the hearing this morning and he
has purchased another piece of property where he will be moving all the equipment, vehicles, and
junkyard. Neither the property owner nor a representative was present, and there was no public
testimony given.
Commissioner Geile moved to refer VI #0400215 against Vern Collins to the County Attorney for
legal action, with the instruction to delay action upon such referral until May 12, 2005, to allow
adequate time for all commercial vehicles and equipment, and the noncommercial junkyard to be
removed from the property. The motion was seconded by Commissioner Masden, and it carried
Hearing Certification, Zoning Violations
April 12, 2005 2005-1151
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unanimously.
VI#0000117 -CREAGER: 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 noncommercial
junkyard must be restored, removed, or screened from all adjacent properties and pubic
rights-of-way, and the commercial equipment and vehicles must be removed or a Use by Special
Review application must be submitted. Ms. Salzman stated Mr. Creager has made some
improvements to the property.
Curtis Creager, property owner, stated he has sold some of the equipment and is working to sell
the remaining items. Mr. Creager stated he is willing to work with the Department of Planning
Services to correct all remaining violations. Responding to Commissioner Jerke, Ms. Salzman
stated that the initial inspection was conducted April 2, 2004, and the initial letter to Mr. Creager
was sent on April 6, 2004, prior to that the property owner had not been notified of the violations.
Ms. Salzman stated Mr. Creager has been making progress since the letter was sent.
Commissioner Geile moved to refer VI #0000117 against Curtis Creager to the County Attorney
for legal action, with the instruction to delay action upon such referral until July 12, 2005, to allow
adequate time for the noncommercial junkyard to be removed, and the commercial vehicles to be
sold or removed. The motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0300125 - KOGER/COOPER: 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 requested this case be continued to allow time for the property owners to be notified of
the violations. Neither the property owner nor a representative was present, and there was no
public testimony given.
Commissioner Masden moved to continue VI #0300125 against Marvin Koger and Janet Cooper
to May 10, 2005, to allow adequate time for the Department of Planning Services to notify the
property owners of the violations. The motion was seconded by Commissioner Geile, and it carried
unanimously.
VI#0100144-EDWARDS: 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 Mr. Edwards met with her before the hearing and he is making progress in removing the
noncommercial junkyard; however, he encountered some delays.
Dirk Edward, property owner, stated he bought the property five years ago, and it was completely
filled with junk. Mr. Edwards had been working on removal of the junk when he had back surgery
and this slowed down the progress. Mr. Edward stated he is willing to work with the Department
Hearing Certification, Zoning Violations
April 12, 2005 2005-1151
Page 5 PL0824
of Planning Services to complete the clean up and he is hoping to put up a fence to screen the
property.
Commissioner Vaad moved to refer VI#0100144 against Dirk Edwards 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 Geile,
and it carried unanimously.
VI#0400343-JUAREZ-NARANJO/ORTEGA: 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 property owners were present earlier; however, they had to
leave for another appointment, and Mr. Ortega stated he needed more time to restore the vehicles
on the property. Neither the property owner nor a representative was present, and there was no
public testimony given.
Commissioner Geile moved to refer VI#0400343 against Ramon Juarez-Naranjo and Mary Ortega
to the County Attorney for legal action, with the instruction to delay action upon such referral until
May 12, 2005, to allow adequate time for the derelict vehicles to be restored or removed. The
motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0400132 -WOODS: 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.B, 23-3-110.C, 23-3-110.C.4,
and 23-3-110.D of the Weld County Code. To bring the property into compliance, a Home
Occupation Permit must be submitted, and a Change of Zone application must be completed and
submitted, or the business must be removed from the property. Ms. Siron stated there has been
no contact with the property owners, and the type of business is landscaping and snow removal.
Jay and Sherri Woods, property owners, stated this is a family business that they operate with their
son, and they have been in this business since 1982. Mr. Woods stated they have been on this
site for approximately three years and there are business operations surrounding their property on
all sides. Mr. Woods stated when they purchased this property the previous owners also had a
lawn care service from this site so they did not check into the zoning requirements. Responding
to Commissioner Jerke, Ms. Siron stated this is Zoned R-1, so a Change of Zone permit is the only
option or move the business to adequately zoned property. Michelle Martin, Department of
Planning Services, stated the zoning across the street is varied, and Mr. Woods property is Zoned
R-1. Staff does not typically support spot zoning; however, they can proceed with the Change of
Zone if the Board recommends it. Responding to Commissioner Geile, Mr. Woods stated his son
Brad Woods lives on the property. Responding to Commissioner Geile, Bruce Barker, County
Attorney, stated that this case could possibly fall into a Nonconforming Use or the property owners
can apply for a Change of Zone. The property owners and the Department of Planning Services
should review all options available.
Commissioner Vaad moved to continue VI #0400132 against Jay and Sherri Woods until
August 9, 2005, to allow adequate time for the property owners to review all options available to
Hearing Certification, Zoning Violations
April 12, 2005 2005-1151
Page 6 PL0824
remedy this violation. The motion was seconded by Commissioner Geile, and it carried
unanimously.
VI#0500013- BUENO: 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,
and 29-7-10 of the Weld County Code. To bring this property into compliance, the mobile homes
must be permitted, or removed, and the noncommercial junkyard must be restored, removed, or
screened from all adjacent properties and public rights-of-way. Ms.Salzman stated she spoke with
Mr. Bueno on April 11, 2005, and he is working on demolishing the mobile homes and screening
the noncommercial junkyard.
Jamie Bueno, property owner, stated thirty days would be enough time to complete all work needed
to bring this property into compliance.
Commissioner Masden moved to refer VI #0500013 against Jamie and Manuel Bueno to the
County Attorney for legal action, with the instruction to delay action upon such referral until
May 12, 2005, to allow adequate time for the mobile homes to be demolished and the
noncommercial junkyard to be screened from all adjacent properties and public rights-of-way. The
motion was seconded by Commissioner Vaad, and it carried unanimously.
VI#0400229-COPE: 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 29-5-120 and
29-5-140 of the Weld County Code. To bring this property into compliance, the electrical permit
for service to an agricultural exempt building must have an inspection and have final approval. Ms.
Gregory stated she spoke to Mr. Cope prior to the hearing and determined that the electrical permit
is not needed.
Todd Cope, property owner, stated he originally was going to wire the building for electricity;
however, later decided not to, thus the permit is not needed.
Commissioner Vaad moved to dismiss VI#0400229 against Todd and Clarissa Cope. The motion
was seconded by Commissioner Masden, and it carried unanimously.
VI #0400322 - MOORHEAD: 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, the permit for the carport must have all inspections completed and
a final approval. Ms. Gregory stated the last inspection was scheduled for March 30, 2005;
however,this was never completed and there has been no further contact with the property owner.
Ms. Gregory stated the phone number has been disconnected. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Geile moved to refer VI#0400322 against Ronald Moorhead to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
Hearing Certification, Zoning Violations
April 12, 2005 2005-1151
Page 7 PL0824
VI #0400352 - MARTINEZ: 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, the electrical permit for service to a storage shed must have all
inspections completed and a final approval. Ms. Gregory stated the property owner has met all the
requirements by obtaining a new permit today and is requesting that this case be dismissed.
Commissioner Masden moved to dismiss VI #0400352 against Julian and Angela Martinez. The
motion was seconded by Commissioner Vaad, and it carried unanimously.
\ glftication was approved on the 18th day of April, 2005.
•
8 ( /�'(/u APPROVED:
l
.`'r u BOARD OF COUNTY COMMISSIONERS
`,,®� , •
_ �� WELD COUNTY, COLORADO
—mat A ounty Clerk to the oard Atm>,te �
j William H. J , Chair
BY: Q
eputy Clerk to the Board
M. J. eile, Pro-Tem
TAPE #2005-02 EXCUSED
Da
Robert D. Masd
en
4/24441/Lete;
Glenn Vaad
Hearing Certification, Zoning Violations
April 12, 2005 2005-1151
Page 8 PL0824
ATTENDANCE RECORD
VIOLATION HEARINGS FOR THIS TWELVETH DAY OF APRIL, 2005:
PLEASE legibly write or print your name and complete address and or the name of the applicant of the hearing you
are attending.
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