HomeMy WebLinkAbout20042731.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on September 14, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile - EXCUSED
Commissioner David E. Long
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
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 #0400042 - CLARK/SAM'S LANDSCAPE SUPPLY AND MATERIALS: 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, 23-3-30,23-3-40, 23-3-40.B.8,23-3-40.R,
and 23-3-40.V of the Weld County Code. To bring the property into compliance, the business and
all associated storage must be removed, or a Use by Special Review application must be
submitted. Ms. Salzman stated the Use by Special Review application was received by staff, and
is requesting that this case be referred back to the Department of Planning Services. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Long moved to refer VI #0400042 against Samuel and Cynthia Clark, dba Sam's
Landscape Supply and Materials back to the Department of Planning Services. The motion was
seconded by Commissioner Vaad, and it carried unanimously.
VI #0300197 -SWANEY: 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 23-4-180,
and 29-8-40 of the Weld County Code. To bring the property into compliance the building permit
for the Medical Hardship must have all inspections completed and a Certificate of Occupancy
issued. Ms. Gregory stated the porch railing needs to be attached and final inspections completed
to bring the property into compliance. Staff is requesting thirty days to complete. Neither the
property owner nor a representative was present, and there was no public testimony given.
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Commissioner Vaad moved to refer VI # 0300197 against Timothy and Elane Swaney to the
County Attorney for legal action, with the instruction to delay action upon such referral until
October 14 , 2004,to allow adequate time for the porch rail to be attached, and the final inspections
completed. The motion was seconded by Commissioner Long, and it carried unanimously.
VI#0300282 -BIVENS: Ms. Gregory presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 29-8-40 of the Weld County Code. To bring the
property into compliance the building permit for the storage shed must have inspections completed.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Long moved to refer VI #0300282 against Jason and Dawn Bivens to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Vaad, and it
carried unanimously.
VI #0400037 - KINCAID/SCHUPMAN: Ms. Gregory presented the case report for the record and
pursuant to the case file, this property is in violation of Sections 29-8-40 of the Weld County Code.
To bring the property into compliance the building permit for the manufactured home must have
all inspections completed and a Certificate of Occupancy issued.
John Schupman, homeowner, was present and stated he has been working weekends and he
would need an extension to complete all work needed, and he does have all the materials. Mr.
Schupman stated he has been in contact with the Department of Planning Services and is working
to bring the property into compliance.
Commissioner Vaad moved to refer VI # 0400037 against Charles and Janet Kincaid, and John
Schupman to the County Attorney for legal action, with the instruction to delay action upon such
referral until November 14, 2004, to allow adequate time for final inspections to be completed and
a Certificate of Occupancy issued. The motion was seconded by Commissioner Long, and it
carried unanimously.
VI #0400158 - FRANCO/PEREA: Ms. Gregory presented the case report for the record and
pursuant to the case file, this property is in violation of Sections 29-8-40 of the Weld County Code.
To bring the property into compliance the building permit to remove the basement apartment must
have all inspections completed and a final approval.
Ms. Gregory stated this property has previously had several violations, and has gone through the
courts. One of the conditions was getting a permit to remove the basement apartment in sixty
days, to be completed on January 2, 2003. There have been several inspections done, and the
property is still not in compliance. Responding to Commissioner Jerke, Ms. Gregory stated the
electrical wiring needed to be changed, walls removed, etcetera, to take the basement living area
out so it can not be used as a second residence. The inspector provide the property owners a list
of what needs to be done. Neither the property owner nor a representative was present, and there
was no public testimony given.
Commissioner Long moved to refer VI # 0400158 against Jose Franco and Rosa Perea to the
Hearing Certification, Zoning Violations
September 14, 2004 2004-2731
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County Attorney for immediate legal action. The motion was seconded by Commissioner Vaad,
and it carried unanimously.
VI #0300231 -SATUR: Ms. Salzman presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 23-3-310, 23-3-310.8, 23-3-310.B.1, 23-3-310.C,
23-3-310.C.1, 23-3-310.D and 23-3-310.E of the Weld County Code. To bring the property into
compliance a Site Plan Review application must be submitted, or all activity must be removed from
the site.
Responding to Commissioner Jerke, Ms Salzman stated the building was built in 1975. The Zoning
Code was adopted in 1972, and they have discussed with Mr. Hallerick the Nonconforming Use as
a possibility and a Site Plan Review application must be completed. Harold Satur was present with
a representative, Tom Hallerick. Mr. Hallerick stated they have been exploring if this is a case
where the property is grandfathered. They will need more time to finish up the Site Plan Review
application. This property has had the same owner for the entire period of time and there haven't
been any changes. The tenants have been the same types of tenants. If the property isn't grand
fathered, they are planning to submit the application. Responding to Commissioner Jerke, Bruce
Barker, County Attorney, stated if the property is grandfathered the case can be closed.
Responding to Commissioner Vaad, Mr. Barker stated the qualification of the property being
grandfathered is important in it that would extend to any other issues that would come up. If the
building itself had been changed, the timing, or change of use or anything like that,then they need
to come back for a Use by Special Review, or other types of permits. Mr. Satur stated he has
owned this property since 1972. To be in compliance now he would have to move out eight units.
Responding to Commissioner Jerke, Mr. Satur stated they had started a Site Plan Review, and
could not come to an agreeable condition.
Commissioner Long moved to dismiss VI #0300231 against Harold and Doris Satur because the
property has not changed use so therefor, it is not in violation. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
VI #0400135 - NOYES/MORGANTI: Ms. Salzman presented the case report for the record and
pursuant to the case file, this property is in violation of Sections 23-3-230, 23-3-230.B,
23-3-230.8.7, 23-3-230.C, and 23-3-230.E of the Weld County Code. To bring the property into
compliance a letter vacating USR#971 must be submitted, and a Site Plan Review application must
be completed, or all commercial activity and storage must be removed from the site. Ms. Salzman
stated the Site Plan Review application was received and staff is requesting this case be referred
back to the Department of Planning Services. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Vaad moved to refer VI #0400135 against Nancy Noyes, dba Neal Woodworking
Inc., and Ricardo Morganti, dba Morganti Modular Homes back to the Department of Planning
Services. The motion was seconded by Commissioner Long, and it carried unanimously.
VI #0300205 - HILL: 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.R, and 23-7-30
of the Weld County Code. To bring the property into compliance, the property owner must submit
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September 14, 2004 2004-2731
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evidence substantiating a Nonconforming Use exists, remove all commercial activity or submit a
Use by Special Review.
Ms. Salzman stated there are three sites in violation. An application for the Nonconforming Use
was received by staff on September 13, 2004. The sites to the east are not grandfathered into that
Nonconforming Use status and are not included in the application. Glen and Hazel Hill were
present and Mr. Hill stated they are working to get the property into compliance. They have owned
the property since 1968 and have rented the front part of the garage to their son, Roger Hill, for a
tire shop for the last three years. They are in the process of putting a steel panel fence around the
two east sites to screen the farm equipment. Responding to Commissioner Jerke, Mr. Hill stated
they have contacted Don Carroll, Department of Public Works, on the set backs for the roads on
both sides.
Commissioner Long moved to refer VI#0300205 against Glen and Hazel Hill, dba Galeton Garage
to the County Attorney for legal action, with the instruction to delay action upon such referral until
December 14, 2004, to allow adequate time for the owners to complete the screening on the two
east property sites, and to submit a Use by Special Review application. The motion was seconded
by Commissioner Vaad, and it carried unanimously.
VI #0200029 - MILLER (HEIRS OF): 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
29-11-40 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, and the house must be abated by repair or demolition.
Ms. Salzman stated she spoke with Wilma Banta on September 13, 2004, and she requested thirty
days to complete. Ms. Salzman stated there are public safety issues, an exposed cistern with
three to four feet of water and the top of the cistern is falling through. The house is not boarded
up and it appears there is traffic in and out. Ms. Banta stated it is her intent to demolish the house,
to fill the cistern, and demolish the shed. Mr. Barker stated with the abatement of dangerous
buildings, the building official could issue an order stating it needs to be abated immediately. The
noncommercial junkyard can be taken care of through this violation. Neither the property owner
nor a representative was present, and there was no public testimony given.
Commissioner Vaad moved to refer VI #0200029 against William and Eva Miller, and heirs of, to
the County Attorney for immediate legal action on the issue of the noncommercial junkyard. The
motion was seconded by Commissioner Long, and it carried unanimously.
VI #9900156 - LANGLEY: 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.G, and
23-3-40.R of the Weld County Code. To bring the property into compliance, the mobile homes
must be removed, permitted or demolished, and the Commercial Junkyard must be removed or a
Use by Special Review application must be submitted. Ms. Salzman stated Mr. Langley was
unable to attend and requested that this be continued. Staff is requesting this case be referred to
the County Attorney's Office, however, delay action for thirty days to allow owners to finish repair
on the mobile home and remove the commercial junkyard. Responding to Commissioner Vaad,
Ms. Salzman stated there are several junkyards in that area. Commissioner Jerke stated his
Hearing Certification, Zoning Violations
September 14, 2004 2004-2731
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concern with the potential drug manufacturing in that general area.
Commissioner Long moved to refer VI #9900156 against Sherwood and Pearl Langley to the
County Attorney for legal action, with the instruction to delay action upon such referral until
October 14, 2004, to allow adequate time fo the property owners to bring the property into
compliance. This motion was seconded by Commissioner Vaad, and it carried unanimously.
This Certification was approved on the 20th day of September, 2004.
IE IL �� APPROVED:
S / 'J' BOARD OF COUNTY COMMISSIONERS
1861 �i �� WELD COUNTY, COLORADO
M1M1M1YYY 4
% iupf Clerk to th- :.ard FxCusFn
(1.43, °�„ Robert D. Masden, Chair
Deputy Clerk t• the Board ------ �, ' ( / ,_
William H. Jerke, Pro-Tem
TAPE #2004-03 EXCUSED
M. J. 'le
David . Long
Glenn Vaad
Hearing Certification, Zoning Violations
September 14, 2004 2004-2731
Page 5 PL0824
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