HomeMy WebLinkAbout20052205.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on August 9, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tern - EXCUSED
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
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 #0400132 -WOODS: 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 23-3-110,
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, or the property owners
must submit a Change of Zone and adequate applications, or the business must be relocated to
an adequately zoned property. Ms. Siron stated the violation was continued from April 12, 2005,
to allow time for the property owners to submit a Change of Zone application and a Use by Special
Review permit.
Jay Woods, property owner, stated he is working with a consultant and is having the property
surveyed this week. Once the Change of Zone is completed, he will submit a Use by Special
Review permit.
Commissioner Long moved to refer VI #0400132 against Jay and Sherri Woods to the County
Attorney for legal action, with the instruction to delay action upon such referral until
November 9, 2005, to allow adequate time for the property owners to submit a Change of Zone
application and a Use by Special Review permit. The motion was seconded by Commissioner
Masden, and it carried unanimously.
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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, 23-3-150.6 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 violation was continued from July 12, 2005, to allow adequate time for the property
owner to be notified of the hearing date. Ms. Siron stated Jeffery Boxley contacted her on
August 8, 2005, and informed her that he had some health problems and is willing to work with staff
to clear up all violations. Neither the property owner nor a representative was present, and there
was no public testimony given.
Commissioner Masden moved to refer VI#0500138 against Jeffery Boxley to the County Attorney
for legal action, with the instruction to delay action upon such referral until September 9, 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 #0300315 - OLIVER: 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 on the enclosed sunroom and swimming pool. Ms. Gregory stated she has made
several attempts to contact the property owners; however, there has been no inspections
scheduled to complete the swimming pool. Neither the property owners nor a representative was
present, and there was no public testimony given.
Commissioner Long moved to refer VI #0300315 against Lester and Rachel Oliver to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it
carried unanimously.
VI#0400170-SANTOS: Ms. Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 29-7-30.F, 29-7-130, 23-3-20, 23-3-30 and
23-3-30.1 of the Weld County Code. To bring the property into compliance all inspections must be
completed, or the mobile homes must be removed, or demolished, or a new permit must be
submitted, and the noncommercial junkyard must be restored, removed, or screened from all
adjacent properties and public rights-of-way. Ms. Gregory stated the mobile home permit has been
completed, and the property owners are continuing to work on cleaning up the noncommercial
junkyard. Neither the property owners nor a representative was present, and there was no public
testimony given.
Commissioner Masden moved to refer VI#0400170 against Lucio and Jennie Santos to the County
Attorney for legal action, with the instruction to delay action upon such referral until
September 9, 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 #0400219 - LAGUNAS: 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
Hearing Certification, Zoning Violations
August 9, 2005 2005-2205
Page 2 PL0824
property into compliance all inspections must be completed, and the permit must have final
approval, or the structure must be removed. Ms. Gregory stated the permit for the detached
garage was withdrawn; however, additional work on the garage has taken place since that time.
The property owner needs to submit a new permit or remove the structure. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Long moved to refer VI#0400219 against Victorino Lagunas to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI#0500145-THRALL: 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. Ms. Gregory stated all work on the
project was stopped in February, 2005, and no inspections have been scheduled. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0500145 against Mary Thrall to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0500213 - LUSE: 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 a final approval issued. Ms.
Gregory stated this permit originated in July, 2001, and an extension was done in 2003. There
have been no inspections scheduled and the property owner has not contacted staff. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Long moved to refer VI #0500213 against Greg Luse to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI#0500244-LONE PRAIRIE INDUSTRIES/WILLIAM RISSLER: 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 William Rissler contacted
her and stated the home has been sold and the closing has been scheduled for October, 2005.
Commissioner Jerke stated his concern regarding this case is if the new home buyer was informed
that a Certificate of Occupancy was not issued on this property, and immediate legal action is
needed. Neither the property owner nor a representative was present, and there was no public
testimony given.
Commissioner Long moved to refer VI #0500244 against Lone Prairie Industries and William
Rissler to the County Attorney for immediate legal action. The motion was seconded by
Commissioner Masden, and it carried unanimously.
Hearing Certification, Zoning Violations
August 9, 2005 2005-2205
Page 3 PL0824
VI #0500185 - FRANCO: 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, 23-3-30,23-3-30.1,23-3-40,23-3-40.6.10,
23-3-50 and 23-3-50.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 number of people living in the house and the number of animal units
must not exceed the amount allowed under Weld County Code. Responding to Commissioner
Jerke, Ms. Siron stated a compliant was received regarding the number of people living in the
house. Responding to Commissioner Long, Ms. Siron stated this property had been in violation
previously for the same issue and was brought into compliance at one time. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Long moved to refer VI #0500185 against Jose Franco to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI #0500108 - HORN: 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. James Horn, property owner, stated he was out of town and had some recent
health problems which has slowed down the work; however, he is continuing to make progress and
is willing to work with staff to clean up the property.
Commissioner Masden moved to refer VI#0500108 against James and Betty Horn to the County
Attorney for legal action, with the instruction to delay action upon such referral until
October 9, 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 Long, and it carried unanimously.
VI#0500195-VILLAPANDO/HERNANDEZ: 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,
23-3-40.6, 23-3-40.B.16, 23-3-50 and 23-3-50.D of the Weld County Cody. To bring the property
into compliance, the number of animal units must be reduced to meet the guidelines of an
Accessory Use for an Agricultural Zone District. Ms. Salzman stated she had contacted Santos
Villapando and Yolanda Hernandez and they do not live on the property; however,they are working
with the tenant to bring the property into compliance. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Long moved to refer VI #0500195 against Santos Villapando and Yolanda
Hernandez to the County Attorney for legal action, with the instruction to delay action upon such
referral until September 9, 2005, to allow adequate time for the property owners to reduce the
number of animal units to bring the property into compliance. The motion was seconded by
Commissioner Masden, and it carried unanimously.
VI #0200171 - FLORES/HERRERA: Ms. Salzman presented the case report for the record and
Hearing Certification, Zoning Violations
August 9, 2005 2005-2205
Page 4 PL0824
VI #0200171 - FLORES/HERRERA: 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 stated the property owners have not contacted staff and there has been no progress
made. Neither the property owners nor a representative was present, and there was no public
testimony given.
Commissioner Long moved to refer VI #0200171 against Porfirio and Lucina Flores and Norma
Herrera to the County Attorney for immediate legal action. The motion was seconded by
Commissioner Masden, and it carried unanimously.
VI #0500146 - VIGIL: 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 stated
Sam Vigil was planning to attend today's hearing; however, did not show. Mr. Vigil is elderly, and
transportation is a problem. Neither the property owner nor a representative was present, and
there was no public testimony given.
Commissioner Masden moved to refer VI #0500146 against Sam and Genevieve Vigil to the
County Attorney for legal action, with the instruction to delay action upon such referral until
September 9, 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 Long, and it carried unanimously.
VI #0500109 - RAMIREZNASQUEZ: 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 properly permitted, or determined by the Board of County
Commissioners to be in compliance. Carolina Ramirez, property owner, stated the vehicles are for
personal use and not for a business. Ms. Ramirez stated they have a very large family and the bus
is used for transportation, also her son is in a band and hauls his equipment to places where they
are playing.
Commissioner Long moved to dismiss VI#0500109 against Carolina Ramirez and Cecilio Vasquez
due to the vehicle being used for personal transportation and not a business. The motion was
seconded by Commissioner Masden, and it carried unanimously.
VI #0500112 - ORFIELD/BUTRAM: 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 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
she contacted Cindy Butram and is requesting thirty days for all work to be completed and to
schedule the final inspections. Neither the property owner nor a representative was present, and
Hearing Certification, Zoning Violations
August 9, 2005 2005-2205
Page 5 PL0824
there was no public testimony given.
Commissioner Masden moved to referVI#0500112 against Dwayne and Pamela Orfield and Cindy
Butram to the County Attorney for legal action, with the instruction to delay action upon such
referral until September 9,2005,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, and
complete all work needed to schedule the final inspections. The motion was seconded by
Commissioner Long, and it carried unanimously.
VI #0500171 - RETA: 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. Sam Reta, property owner's son, stated the mobile
home was used for storage while the stick house was being built. They have since given it to a
friend who is out of the country at this time. Mr. Reta stated they will continue to work on getting
the property into compliance and will remove or demolish the mobile home.
Commissioner Masden moved to refer VI#0500171 against Quirino and Maria Reta to the County
Attorney for legal action, with the instruction to delay action upon such referral until
October 9, 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, and remove or
demolish the mobile home. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0000195 -VIGIL: 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 and 29-5-10 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 an
application for an Electrical permit must be submitted. Ms. Salzman stated Sam Vigil was planning
to attend this hearing, as per VI #0500146; however, did not show. Neither the property owners
nor a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0000195 against Sam and Genevieve Vigil to the
County Attorney for legal action, with the instruction to delay action upon such referral until
September 9, 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, and to submit
an Electrical Permit.
Hearing Certification, Zoning Violations
August 9, 2005 2005-2205
Page 6 PL0824
This Certification was approved on the 15th day of August, 2005.
/� � APPROVED:
•
///// BOARD OF COUNTY COMMISSIONERS
' iD %�/ WELD COUNTY, COLORADO
ti
1861 ' fist lerk to the : and
i William H. Jerke, Chair
•
p lerk to the Board EXCUSED
M. . ile, Pro-Tem
TAPE #2005-04
vid E. Long
Robert D. Mas en
EXCUSED
Glenn Vaad
Hearing Certification, Zoning Violations
August 9, 2005 2005-2205
Page 7 PL0824
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