HomeMy WebLinkAbout20053004.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on October 11, 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
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
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#0400369-ORTH: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
a Certificate of Occupancy issued. Earl Orth, property owner, stated he lost the original loan on
the property, and was trying to save enough money to finish this project. Mr. Orth stated that in
June, 2005, he did get a new loan and has hired a contractor to finish the upstairs; however, this
person has not showed up to complete the work. All electrical and plumbing has been completed
in the upper part of the house. The downstairs remains unfinished. Responding to Commissioner
Geile, Mr. Orth stated sixty days would be enough time to complete the upstairs. Responding to
Commissioner Long, Ms. Gregory stated that this permit could be completed for the upstairs, and
Mr. Orth could submit a new permit for the basement.
Commissioner Long moved to refer VI#0400369 against Earl Orth to the County Attorney for legal
action, with the instruction to delay action upon such referral until December 11, 2005, to allow
adequate time for the property owner to complete all work needed and schedule all inspections,
and a Certificate of Occupancy issued. The motion was seconded by Commissioner Masden, and
it carried unanimously.
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VI#0500294-HELLER: Ms.Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Section 29-7-130 of the Weld County Code. To bring the
property into compliance,all inspections must be completed and a Certificate of Occupancy issued.
Eugenea Heller, property owner, stated they have been waiting on electric and water hookups.
Highwest Energy needs to install two poles; however, it will take ten weeks before they have time
to do this. Mr. Heller stated it is the same with the water, so they were not planning on moving into
the residence until spring. Responding to Commissioner Long, Mr. Heller stated they do have a
permit for the well.
Commissioner Long moved to refer VI #0500294 against Eugenea Heller to the County Attorney
for legal action, with the instruction to delay action upon such referral until April 11, 2006, to allow
adequate time for the property owners to have the electricity and water hooked up, and to complete
all inspections and a Certificate of Occupancy issued. The motion was seconded by Commissioner
Masden, and it carried unanimously.
VI#0500296-BIVENS: Ms. Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Section 29-7-130 of the Weld County Code. To bring the
property into compliance, all inspections must be completed and a Certificate of Occupancy issued.
Ms. Gregory stated the permit expired on August 23, 2005. She spoke with Jason Bivens on
October 7, 2005, and he stated the work is almost complete. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Long moved to refer VI #0500296 against Jason and Dawn Bivens to the County
Attorney for legal action, with the instruction to delay action upon such referral until
November 11, 2005, to allow adequate time for all inspections to be completed and a Certificate
of Occupancy issued. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI #0500316 - ROSALES: Ms. Gregory presented the case report for the record and pursuant to
the case file, this property is in violation of Section 29-7-130 of the Weld County Code. To bring
the property into compliance, all inspections must be completed and a Certificate of Occupancy
issued. Ms. Gregory stated Eduardo Rosales contacted her and stated all inspections would be
completed by September 15, 2005; however, this was not done. Neither the property owner nor
a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0500316 against Eduardo Rosales to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
VI #0400202 - QUINONES: 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, 23-3-40, 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 current activity taking place on
the site must cease. Ms. Siron stated Jorge Quinones was completing the Use by Special Review
application; however,due to some legal issues, has been unable to submit this in a timely manner.
Responding to Commissioner Long, Ms. Siron stated the site is mostly screened and there is a
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October 11, 2005 2005-3004
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shop on the property. Neither the property owner nor a representative was present, and there was
no public testimony given.
Commissioner Long moved to refer VI #0400202 against Jorge Quinones to the County Attorney
for legal action, with the instruction to delay action upon such referral until November 11, 2005, to
allow adequate time for the property owner to submit a Use by Special Review permit. The motion
was seconded by Commissioner Masden, and it carried unanimously.
VI#0500228-HALL: 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, 23-3-20.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 disconnected from all utilities and be unoccupied, and proper permits
must be submitted for the semi trailers and cab or they must be removed. Ms. Siron stated Ann
Hall contacted her this morning, and due to the weather conditions, was unable to attend the
hearing. Neither the property owners nor a representative was present, and there was no public
testimony given.
Commissioner Long moved to continue VI #0500228 against Ronald and Ann Hall until
November 8, 2005, to allow the property owners to be able to attend the hearing. The motion was
seconded by Commissioner Masden, and it carried unanimously.
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. Norman Staley, property owner, stated he felt he was not in violation
by State Code. All equipment is 1,000 feet from public rights-of-way, and the noncommercial
junkyard consists of items that are used for farming, such as irrigation pipe, and the semi tractor
and trailer are used to haul a 955 tractor for custom farming. The dump trucks are used for farming
also, and are not commercial vehicles. There is a storage trailer on the property for tools, and the
wood is for fencing and firewood. Responding to Commissioner Geile, Ms Siron stated the farm
equipment is not the problem; however, the trailer used for storage is not allowed and there are
derelict dump trucks on the property. In addition , staff has received a compliant from a neighbor
regarding this property. Mr. Staley stated there is one dump truck and two manure spreaders that
are used for agricultural purposes. Responding to Commissioner Masden, Ms. Siron stated there
are several piles of tires, barrels, scrape metal and wood which have been screened with hay
bales, which is not approved screening material. Responding to Commissioner Long, Bruce
Barker, County Attorney, stated the State Code does not procure us from enforcing the County
Code, so Mr. Staley is subject to the County Code and requirements. Responding to
Commissioner Geile, Ms. Siron stated a Home Occupant permit could be submitted on the semi •
cab and trailer; however, there is still an issue with the dump trucks. Commissioner Long stated
according to the Weld County Code regarding the view aspect of the "right to farm", vehicles that
agriculture uses to preform duties,are not always classified as a farm truck. There are times when
a dump truck is used for farming, and someone coming from town into the country would like to
hold a new standard for these. Commissioner Long stated he would like to separate some of the
aspects of what is considered a violation and what is actual farming supplies and equipment in this
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case, and requested planning staff help Mr. Staley identify what needs to be cleaned up and what
is appropriate.
Commissioner Long moved to continue VI #0400217 against Norman and Debra Staley until
November 8, 2005, to allow adequate time for staff to meet with the property owners to determine
what needs to be removed and what is considered to be farming supplies and equipment. The
motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0500260 - BRICENO: 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, 23-3-150.6 and 23-3-150.D 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 be disconnected from all utilities and be unoccupied. Ms. Siron is requesting
that this case be continued due to notification not received from the property owners on the hearing
date. Neither the property owners nor a representative was present, and there was no public
testimony given.
Commissioner Masden moved to continue VI #0500260 against Severiano and Andrea Briceno
until November 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.
VI#0500204-BURKHART:Mr. Siron presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 23-3-20, 23-3-20.A, 23-3-30, 23-3-30.F, 23-3-40,
23-3-40.L,23-4-130,23-4-140,29-3-10,29-3-320,and 29-7-10 of the Weld County Code. To bring
the property into compliance, an inspection of the chicken coop must be completed, and the mobile
home must be removed and a Nonconforming Use must be proven for the stick built home that is
not the principle dwelling. Karen Burkhart, property owner, and Tanis Duncan, representative,
stated that Ms. Burkhart lives in Missouri and she had the only key that could access the cow barn
where she is storing her personal belongings. No one lives in the barn and an inspection can be
done. Ms. Duncan stated there are two homes on the site. The basement home is the original
home on the property which was constructed in the 1950's. Sometime in the 1990's, a building
permit was obtained to install the second house, which is a double wide mobile home. The
property at that time was nonconforming. Ms. Duncan stated that Weld County had done
inspections in the 1990's when the farm was being constructed and when the garage was
completed and there were no problems noted. This violation has stemmed from a previous tenant
who has a dispute with Ms. Burkhart. Since notification, Ms. Burkhart has worked with the Planning
Department to resolve the violations. Responding to Mr. Barker, Wendi Inloes, Department of
Planning Services,stated the modular home was permitted as a Temporary Accessory to the Farm
back in 1989 or 1990. There is the issue of a temporary home on the property that either needs
to be re-permitted or removed, or claim the mobile home as a principal dwelling and turn the
basement home into storage. Ms. Duncan stated this was the first she had heard of these options;
however, the title on the second home has been purged and it was affixed to the land. Mr. Barker
stated that does not exempt the County from enforcing the zoning ordinances and regulations
against them, and the question here is if this is a Nonconforming Use, and if this meets the
Nonconforming Use qualifications if in fact it was a temporary structure. Responding to Mr.Barker,
Ms. Inloes stated the home had been vacant for five years which would not qualify it for the
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October 11, 2005 2005-3004
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Nonconforming Use. Ms. Duncan stated there was some confusion as to which house was in
violation, she had the understanding it was the basement house and that the mobile home was
clear due to the title being purged and the home being affixed to the land.
Commissioner Masden moved to continue VI #0500204 against Karen Burkhart until
December 13, 2005, to allow adequate time for Planning staff and the property owner to work
though all issues concerning this property. The motion was seconded by Commissioner Long, and
it carried unanimously.
VI#0500200-HORTON/MOORE: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 spoke with a representative for Theresa Moore,
and is requesting thirty days for the property owners to complete the clean up. Neither the property
owners nor a representative was present, and there was no public testimony given.
Commissioner Long moved to refer VI #0500200 against John Horton, do Theresa Moore, to the
County Attorney for legal action, with the instruction to delay action upon such referral until
November 11, 2005, to allow adequate time for the property owners to restore, remove, or screen
the noncommercial junkyard from all adjacent properties and public rights-of-way. The motion was
seconded by Commissioner Masden, and it carried unanimously.
VI #0500230 - CALDERON: 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.R
of the Weld County Code. To bring the property into compliance, all commercial staging,
equipment and vehicles must be removed or a Use by Special Review permit must be submitted.
Marco Calderon, property owner, stated he owns a trucking company, and had purchased this
property for his family to live in outside the city limits; however,there were about 150 trucks in and
out of the yard, and the noise from the train made it impossible for the family to sleep. Mr.
Calderon stated he then purchased a house in Brighton and moved his family there, and this
property will be used only for the business. He is submitting a Use by Special Review application.
Commissioner Masden moved to refer VI #0500230 against Damaris and Marco Calderon to the
County Attorney for legal action, with the instruction to delay action upon such referral until
January 11, 2006,to allow adequate time for the property owner to submit a Use by Special Review
application. The motion was seconded by Commissioner Long, and it carried unanimously.
VI#0300343-MORRISON/MORRISON ENGINEERING: 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.O and 23-3-40.R of the Weld County Code. To bring the
property into compliance, all commercial storage and operation must be removed from the
property, or a Use by Special Review application must be submitted. Ms. Salzman stated the
property owners have not contacted staff, and the Use by Special Review application has not been
submitted. Neither the property owners nor a representative was present, and there was no public
testimony given.
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October 11, 2005 2005-3004
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Commissioner Long moved to refer VI #0300343 against Matthew and Kristi Morrison, dba
Morrison Engineering, to the County Attorney for immediate legal action. The motion was
seconded by Commissioner Masden, and it carried unanimously.
VI #0200597 - RENEWABLE FIBER/MOSER: Ms. Salzman presented the case report for the
record and pursuant to the case file, this property is in violation of Sections 23-3-300, 23-3-330,
23-3-330.B, 23-3-330.6.1 and 23-3-330.E of the Weld County Code. To bring the property into
compliance, the Amended Use by Special Review, AMSPR-92, permit must be completed and a
plat recorded, or the operation must be restored to the initially approved Use by Special Review
permit. Sharon Frazer, representative, stated her clients are requesting sixty days to finish and
record the Amended Use by Special Review application. There was a timely air permit requirement
that had to be submitted through the State, which now has been granted. Ms. Frazer stated the
property owner had to move a ditch, and is now using the land which is on the other side, hence
must get a Amended Use by Special Review permit.
Commissioner Masden moved to refer VI#0200597 against Renewable Fiber, c/o John and Ellen
Moser,to the County Attorney for legal action,with the instruction to delay action upon such referral
until December 11, 2005, to allow adequate time for the property owners to submit an Amended
Use by Special Review permit. The motion was seconded by Commissioner Long, and it carried
unanimously.
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October 11, 2005 2005-3004
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This Certification was approved on the 17th day of October, 2005.
��..` APPROVED:
ATTEST: �`�' ! - �� \ BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ism gio
Weld County Clerk to e EXCUSED
William H. ke, Chair
BY:
D utyCI-R to the Bo *=� �" lil,✓
M. J eile, Pro-Tem
TAPE #2005-05
Da E. Long
Robert D. Masden
EXCUSED
Glenn Vaad
Hearing Certification, Zoning Violations
October 11, 2005 2005-3004
Page 7 PL0824
ATTENDANCE RECORD
VIOLATION HEARINGS FOR THIS / 11-k rX O.q ()III- (9- E\ c 00 S
PLEASE print your name and complete address and or the name of the applicant of the hearing you are attending.
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