HomeMy WebLinkAbout20051382.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on May 10, 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, 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 #0400154 - STEWART: 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, 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 this case was continued from
April 12,2005,to allow the property owner's representative to be present. Ms. Salzman stated Mr.
Stewart is proposing the mobile home be considered a storage unit; however, Weld County Code
states mobile homes cannot be converted for any purpose other then a dwelling unit.
Joseph Bodine, representative, stated this unit should no longer be considered a mobile home.
Mr. Bodine presented a letter from the Department of Planning Services, which states what is
considered a mobile home, marked Exhibit A. Mr. Bodine stated the tongue,wheels and axles, all
electrical wiring, and plumbing have been removed. The unit has been reduced to twenty-five feet
in length and fourteen feet in width. Mr. Bodine presented the Board with pictures, marked Exhibit
B, and stated this unit has been modified so it no longer meets the definition of a mobile home and
is used as a storage shed, which is allowed by right on agricultural zoned property. Mr. Bodine
stated the property is well maintained and presented to the Board letters from surrounding property
owners who do not object to the storage unit, marked Exhibit C. Mr. Bodine stated his client may
need to apply for a Building Permit due to changes being made without one, and he is willing to get
what is needed to get this structure into compliance. Responding to Commissioner Jerke, Ms.
Salzman stated the materials from a mobile home can be recycled into building a new structure;
2005-1382
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however, this is still considered a mobile home, and cannot be used as a storage unit.
Commissioner Vaad moved to refer VI#0400154 against Gary Stewart to the County Attorney for
legal action, with the instruction to delay action upon such referral until June 10, 2005, to allow
adequate time for the mobile home to be 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 stated this case was continued from April 12, 2005, to allow time to contact the property
owners regarding the violations. Responding to CommissionerJerke,Ms.Salzman stated progress
has been made to clear up the violations.
Marvin Koger and Janet Cooper, property owners, stated they have lived on this property for
seventeen years, and within the last year were made aware of violations. Ms. Cooper stated they
have been working on improving the property, and they are planning to built a fence. Mr. Koger
stated the vehicles on the property are not derelict, they all run; however, all are not licensed.
Commissioner Jerke stated staff from Planning Services could help them with the specifications
on the fencing needed to bring the property into compliance.
Commissioner Geile moved to refer VI #0300125 against Marvin Koger and Janet Cooper to the
County Attorney for legal action, with the instruction to delay action upon such referral until
June 10, 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 Vaad, and it carried unanimously.
VI#0500070-HEIN: 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 29-7-130 of the
Weld County Code. To bring the property into compliance, all inspections must be completed on
the manufactured home and a Certificate of Occupancy issued. Ms. Gregory stated the power
company had just gotten the power poles set, and Mr. Hein had informed her he was having a
problem getting the septic and well work done.
Richard Hein, property owner, stated he did get the permit in August, and he got busy with farming
and other things, and did not get the inspections done on time. Mr. Hein stated he had problems
with the contractors being slow, and the building inspector from the Southwest Weld County Office
would not come and inspect the site to get the concrete work done. Mr. Hein stated Roger Vigil
from the Greeley Office was very helpful and completed the inspections needed very quickly.
Commissioner Long moved to refer VI #0500070 against Richard Hein to the County Attorney for
legal action, with the instruction to delay action upon such referral until September 10, 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.
Hearing Certification, Zoning Violations
May 10, 2005 2005-1382
Page 2 PL0824
VI #0300147 - HARMON: 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 on the pole barn and a final approval
issued. Ms. Gregory stated an inspection was made on May 6, 2005, and several corrections were
completed. Mr. Harmon did contact her on May 9, 2005, and stated the project should be
completed by this weekend, and he will call for a final inspection. Neither the property owner nor
a representative was present, and there was no public testimony given.
Commissioner Geile moved to refer VI#0300147 against Kevin and Sharon Harmon to the County
Attorney for legal action,with the instruction to delay action upon such referral until June 10, 2005,
to allow adequate time for all inspections to be completed and a final approval issued. The motion
was seconded by Commissioner Masden, and it carried unanimously.
VI #0500158 - ROTH: 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 on the Accessory to the Farm mobile
home and a Certificate of Occupancy issued. Ms. Gregory stated he spoke with Ms. Roth on
April 26, 2005, and she stated they have been busy with spring farming and calving. Ms. Roth
stated they are trying to get all work completed today or tomorrow and is requesting a sixty day
extension. Neither the property owners nor a representative was present, and there was no public
testimony given.
Commissioner Vaad moved to refer VI #0500158 against Gerald and Janet Roth to the County
Attorney for legal action, with the instruction to delay action upon such referral until July 10, 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#0400226 -KINION: 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 detached garage must have
a final approval. Ms. Gregory stated the property owners have not scheduled any inspections and
there has been no response to messages and phone calls. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Geile moved to refer VI #0400226 against Robin and Laura Kinion to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
VI #0500160 - COOK: 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 on the manufactured home and a
Certificate of Occupancy issued. Ms. Gregory stated there have been no inspections scheduled
since January 23, 2005, and there has been no response from the property owner. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI#0500160 against F. F. Cook to the County Attorney for
Hearing Certification, Zoning Violations
May 10, 2005 2005-1382
Page 3 PL0824
immediate legal action. The motion was seconded by Commissioner Geile, and it carried
unanimously.
VI #9700101 - FRED/HALFERTY: 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 an inspection was done on May 9, 2005, and some progress has been made.
Responding to Commissioner Jerke, Ms. Salzman stated this was an old case where the file had
been misplaced, and even though they are not receiving complaints they need to follow up to see
if the property is still in violation, as they are not able to close the case until the property is in
compliance.
Kevin Halferty, property owner, stated he is purchasing this property and has lived there since
1997. Mr. Halferty stated he was in the business of recycling bumpers and tires, and all of this was
screened at that time so he thought this was settled. Mr. Halferty has been working out of state
and was surprised when this came up again. Mr. Halferty stated the company he was selling the
bumpers to went out of business and he has been working on hauling them to a landfill. Mr.
Halferty is working on cleaning up the derelict vehicles and the last three can not be moved until
the insurance claims are resolved. Mr. Halferty stated the wood piles, tree limbs, and pallets are
gone. The plastic tubing is used for irrigation and he is hoping to build a green house. Mr. Halferty
stated he is still working on moving the tires to Tire Mountain. Mr. Halferty stated he has invested
a lot financially on this property and is willing to work to get it into compliance. He does have
materials to screen the remaining items. Responding to Commissioner Vaad, Mr. Halferty stated
he is working in Denver; however, ninety days should be enough time to finish cleaning up the
property.
Commissioner Vaad moved to refer VI #9700101 against Dale Fred and Kevin Halferty to the
County Attorney for legal action, with the instruction to delay action upon such referral until
August 10, 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#0400057 - MEZA: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,
23-3-30.1, 23-3-40, 23-3-40.B, 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 animals must
be reduced. Ms. Siron spoke with Mr. Meza and he informed her he was moving the cattle to a
new site, and Ms. Siron stated there has been substantial progress.
Juan Meza, property owner, stated through the help of an interpreter,Alberto Loya,this was an old
railroad property and is about 175 feet wide, and he does live on the site with his family and he
raises animals. Mr. Meza stated the cattle would be moved to a new location within the next couple
of days.
Commissioner Long moved to refer VI #0400057 against Juan and Maria Meza to the County
Hearing Certification, Zoning Violations
May 10, 2005 2005-1382
Page 4 PL0824
Attorney for legal action, with the instruction to delay action upon such referral until June 10, 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 for the number of animal units to be reduced.
The motion was seconded by Commissioner Geile, and it carried unanimously.
VI#0500150-GITTLEIN/GUARDIOLA: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, 23-3-40.6.17, 23-3-40.6.18,23-3-40.C, and 23-3-40.C.1 of the Weld County Code. To
bring the property into compliance a Use by Special Review must be submitted, or the horse racing
track must be closed. Ms. Salzman stated there is a safety concern with this case and there have
been numerous complaints. Ms. Salzman stated there was a traffic count done this weekend and
this was presented for the Board to review, marked Exhibit A, and an outline of the property with
the track layout and surrounding roads was presented, marked Exhibit B.
Michael Gittlein, property owner, stated he would like to work out the issues with the surrounding
neighbors and continue operating the track. Responding to Commissioner Masden, Mr. Gittlein
stated he would like to continue the racing to cover the costs associated with the Use by Special
Review permits, and that he would get a Temporary Assemblage Permit or limit gatherings to under
350 people if this would be acceptable. Mr. Gittlein stated he lost the water rights to this property
in 2003, and dryland farming has not produced an income. This has provided an income for both
the Gittlein and Guardiola families, and they have hired people to help with the trash pickup and
maintenance of the track. Responding to Commissioner Long, Mr. Gittlein stated the races have
been going on since February 2005. This started when Rueben Guardiola approached him about
riding his horse in an empty field, and then they decided to build a track which was safer for the
horses. At this point it was just a private track. Mr. Gittlein stated more people approached him
and asked to use the track to practice and people would then come to watch people ride and it
developed into what it is now. Commissioner Masden stated his concern with safety is due to a
similar track in Fort Lupton, where a person was killed and that is why in this case if a Cease and
Desist Order was instructed, the track would have to be closed. Responding to Commissioner
Jerke, Rueben Guardiola stated this track was well maintained and is safer than if people started
riding somewhere else. Mr. Gittlein stated that if the track closed, another track would pop up
some place else, people just enjoy this sport too much.
Pamela Hill, surrounding property owner, stated traffic starts at noon the day of the race, and it
does not stop until well after dark. There is trash and people relieving themselves on their property.
Elizabeth Sharbonda, surrounding property owner, stated the traffic is non stop on Sundays.
People are passing, and driving fast, and there are broken beer bottles all along the road and on
their property. Richard Becker, surrounding property owner, stated people are stopping to relieve
themselves by their driveway, and they noticed people leaving beer by the oil and gas tanks along
the road then picking them up after the race. Mr. Becker stated he has had a family member
almost involved in an accident due to people racing to and from the track. Art Gutterson, property
owner, stated he does have pictures regarding the traffic, marked Exhibit C. Mr. Gutterson stated
they are trying to farm in this area, and there have been as many as 3,000 people at these races,
and this is zoned agricultural. There is drinking and people are trespassing on their property, the
Sunday papers have been stolen, and the dust and traffic are a huge problem. There are other
facilities that would be more suitable for these crowds such as Island Grove Park. The entrance
to the track is on the southeast side which is right by their property. Mr. Gutterson stated the oil
and gas companies have agreed to shut down operations on Sundays to cut down on traffic, and
Hearing Certification, Zoning Violations
May 10, 2005 2005-1382
Page 5 PL0824
now there is this problem. Richard Hein, surrounding property owner, stated he was a supporter
of this track. Mr. Hein stated he raises and breeds quarter horses and does attend some of the
races. Mr. Hein stated this track is well organized, and there are security people checking vehicles
coming in. There is a playground set up for the children, and there are proper facilities for the
crowd. Mr. Hein stated there are a lot of people having a good time, and there are going to be race
tracks popping up all over the County. Alberto Loya, track supporter, stated more and more of
these tracks popping up throughout the County. There are about three or four of these tracks that
operate illegally and do not have the set up or the security that this track has. Commissioner Geile
stated the concern he has is the way these operations are starting without the proper permits to
assure the operation will be compatible with the surrounding area, and to address the safety issues.
They need to start with obtaining the permits and after approval, start the business. Responding
to Commissioner Geile, Mr. Loya stated these permits are expensive and people do not have the
money to obtain them. Lillian Becker, surrounding property owner, stated people run the stop
signs. There has been a person killed on the intersecton of County Roads 36 and 53 and the
neighbor that lives on that corner is concerned that someone will come right through her house.
Diana Kotich, property owner, stated the traffic that runs the stop sign is not confined to Sunday,
there are oil and gas trucks and cattle trucks that do not stop also.
Mr. Gittlein stated he has fourteen letters of support and one letter of opposition that he presented
to the Board, marked Exhibit D. Mr. Gittlein stated he has people pickup trash along the roads on
Monday mornings, for about six miles of roads, and by Tuesday or Wednesday the roads are
littered again. Traffic safety could be revenue for the County, tickets could be issued for violators.
Responding to Commissioner Jerke, Mr. Gittlein stated he has not seen anyone drunk leaving the
track, and as far as the irrational driving, you do not have to be drunk to be a bad driver.
Commissioner Geile moved to refer VI#0500150 to the County Attorney for immediate action with
instructions for a Cease and Desist Order to be obtained. The motion was seconded by
Commissioner Masden, and it carried unanimously.
(Commissioner Geile and Commissioner Long are no longer present.)
VI#0500027-SEVCIK: 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, 23-3-30.1, 23-3-30.F,
23-4-140, and 23-4-170 of the Weld County Code. To bring the property into compliance the
mobile home must be removed or a Use by Special Review application must be 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 has recently obtained a Recorded
Exemption, and therefore was not eligible to go through another Recorded Exemption process.
Sheryl Sevcik, property owner, stated she does not want the mobile home on the property;
however, they have not had the time to get it removed. Ms. Sevcik stated they have been traveling
out of state for a family emergency and the mobile home was left on the property to help start an
egg production business, also to help with dryland farming and cattle. Ms. Sevcik stated they have
someone in the mobile home doing all the chores since they have been traveling, and Ms. Sevcik
was not aware that she could apply for a Use by Special Review Permit. Responding to
Commissioner Jerke,Wendi Inlloes,Department of Planning Services,stated this case was started
in September 2003, when the Accessory to the Farm was no longer justified, and the property
owners were granted an extension of a year to remove the mobile home. Ms. Inloes stated in
Hearing Certification, Zoning Violations
May 10, 2005 2005-1382
Page 6 PL0824
January 2005, it was placed under violation. Responding to Commissioner Vaad, Ms. Sevcik
stated at first she did want to remove the mobile home; however, she has changed her mind.
Responding to Commissioner Masden, Ms. Sevcik stated she does not have a business plan put
together, and would need more time to get one. Ms. Sevcik stated the hired hand works a total of
approximately four or five hours a day.
Commissioner Vaad moved to refer VI#0500027 against Thomas and Sheryl Sevcik to the County
Attorney for legal action, with the instruction to delay action upon such referral until July 10, 2005,
to allow adequate time for the mobile home to be removed or a Use by Special Review application
be submitted, and the noncommercial junkyard be removed. The motion was seconded by
Commissioner Masden, and it carried unanimously.
VI #0500021 -SATER FAMILY INTERESTS LP: 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.F of the Weld County Code. To bring the property into compliance, the
mobile home must be appropriately permitted or removed. Alfred, Lorraine, and Paul Sater,
property owners, stated this mobile home had been placed on the property for Paul to live in and
they like having it there for security reasons. Paul Sater stated he has bought a farm and does not
want to move the mobile home there; he feels Alfred, who is 82 years old, is going to need help
farming and would like to keep it on site as they may need it as a Medical Hardship in a few years.
Commissioner Jerke suggested they hire someone to live there and apply for an Accessory to the
Farm to keep the mobile home legally on the property.
Commissioner Vaad moved to refer VI #0500021 against Sater Family Interests LP to the County
Attorney for legal action, with the instruction to delay action upon such referral until
August 10, 2005,to allow adequate time for an Accessory to the Farm application to be submitted.
The motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0500042 - LEE: 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 mobile home must
be removed, and the noncommercial junkyard must be restored, removed, or screened from all
adjacent properties and public rights-of-way. Sandra Lee, property owner, stated she has worked
all weekend to screen the vehicles. Ms. Lee stated she has been traveling out of state to care for
a sick relative. Responding to Commissioner Jerke, Ms. Salzman stated she did an inspection on
May 9, 2005, and there was fencing on the north side; however, you could still see through it. Ms.
Lee stated she is planning to built the northside fencing the same as the south side, and she does
have the materials. Ms. Lee stated the mobile home is used for storage and she has lived there
for twelve years and did not have a problem until now. Ms. Lee stated it was her understanding
that this unit falls under the Grandfather clause.
Commissioner Masden moved to refer VI#0500042 against Donald and Sandra Lee to the County
Attorney for legal action, with the instruction to delay action upon such referral until July 10, 2005,
to allow adequate time for the mobile home to be removed from the property and to screen the
noncommercial junkyard from all adjacent properties and public rights-of-way. The motion was
seconded by Commissioner Vaad, and it carried unanimously.
Hearing Certification, Zoning Violations
May 10, 2005 2005-1382
Page 7 PL0824
VI #0500064 - FLORES: 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. Siren
stated there has been no contact by the property owners to resolve these violations. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Vaad moved to refer VI #0500064 against Joe Flores to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI #0300175 - BROSSMAN: 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 during an inspection on site yesterday, she met with Roy Smith who is the grandson of Roy
Brossman. Mr. Smith stated Roy Brossman has recently passed away, and he would need ninety
days to complete the fencing and remove the vehicles. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0300175 against Roy and Frances Brossman to the
County Attorney for legal action, with the instruction to delay action upon such referral until
August 10, 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 Vaad, and it carried unanimously.
VI #0500025 - CASANOVA: 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 29-7-10
of the Weld County Code. To bring the property into compliance the mobile home must be
appropriately permitted, or removed. Ms. Salzman stated Lonnie Weiller did contact her and said
they are in the process of removing the mobile home. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Vaad moved to refer VI#0500025 against Connie Casanova to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Masden, and it carried
unanimously.
Hearing Certification, Zoning Violations
May 10, 2005 2005-1382
Page 8 PL0824
Certification was approved on the 16th day of May, 2005.
,Io /% APPROVED:
• $ / //4/4.4 BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
% � /
r• Re •$yt Clerk to the oard
••:. � William H. Jer `Chair
Deputy Clerk to the Board
M. eile, Pr -Tern
TAPE#2005-02 AND 2005-03
D vid E. Long
Ro ert D. Masden
Glenn Vaad
Hearing Certification, Zoning Violations
May 10, 2005 2005-1382
Page 9 PL0824
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ATTENDANCE RECORD
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