HomeMy WebLinkAbout20041372.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on May 11, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
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
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#0200022-HERBERT WAGNER: 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
23-3-20, 23-3-20.A, 23-3-30, 23-3-30.F, 23-3-40.M, 23-4-130, 23-4-170, 29-7-10, and 29-8-40 of
the Weld County Code. To bring the property into compliance, the existing mobile home must be
removed or justified, an application for a Recorded Exemption must be submitted to create
separate parcels, and the building permit for the mobile home must have all inspections completed
and a Certificate of Occupancy issued. Ms. Gregory stated there are two mobile homes on the
property that were placed there as an Accessory to the Farm, however, neither is being used for
that purpose.
Herbert Wagner was present and stated one of the mobile homes replaced an older mobile home
that was on the property when he purchased it. Mr. Wagner stated he purchased the second
mobile home from Intermountain Trailer who was responsible for obtaining all the permits and
completion of all the work setting up the home. Responding to Commissioner Jerke, Mr. Wagner
stated there are 616 acres that are farmed in wheat and barley. Responding to Commissioner
Masden, Mr. Wagner stated no one is living in the mobile homes at the present time. Responding
to Commissioner Vaad,Wendi Inloes, Department of Planning Services,stated normally staff could
do a Nonconforming Use, however, the older mobile home has not been used so he will have to
justify both homes as an Accessory to the Farm. Mr. Wagner does have the option of splitting off
80 acres and moving one mobile home to the acreage. Responding to Commissioner Vaad, Mr.
Wagner stated that Intermountain Trailer is no longer in business, and he had hired several
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contractors to complete the job; however, the building permit expired before the project was done.
Responding to Commissioner Vaad, Mr. Wagner stated he does have a part-time employee who
would like to move into one of the trailers, and he would like to have his daughter move into the
other one to care for him if he is unable to care for himself. Responding to Commissioner Vaad,
Ms. Inloes stated this case probably would not qualify as an Accessory to the Farm or a Medical
Hardship. Mr. Wagner may be able to keep one of the mobile homes by splitting off 80 acres and
applying for a Recorded Exemption. The problem with completing this building permit is, if not
approved through zoning, Mr. Wagner will need to remove the mobile home.
Responding to Commissioner Vaad, Ms. Gregory stated this violation came from staff due to the
outstanding building permit and justification on two mobile homes. Commissioner Masden
recommended to Mr. Wagner that a Building Inspector could assess the electrical work that is
needed. Commissioner Vaad suggested that the electrical inspection should be completed to
insure safety of the residence, and that splitting off 80 acres is a significant step to take and should
be considered. Commissioner Vaad suggested referring this case to the County Attorney but
delay action for six months, however, to have the electrical inspection done within 30 days. Ms.
Inloes stated that the building permits cannot be completed until the zoning issues are resolved,
so 30 days for the final inspections and six months for the zoning issue will not clear up the
violation. Commissioner Jerke stated Mr. Wagner needs to understand that in six months the
Board may not approve the zoning change, so the improvements made could be in vain. Ms.
Inloes suggested adding to the motion that within 30 days, a plan be put in place on how to precede
with the zoning permit.
Commissioner Vaad moved to refer VI#0200022 against Herbert Wagner to the County Attorney
for legal action, with the instruction to delay action upon such referral until June 11, 2004, to allow
adequate time for the final electrical inspections to be completed and to allow the property owner
time to submit to the Department of Planning Services a plan showing how he intends to proceed
with the Zoning Permit. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0400056 - MANUAL AND ANITA SANCHEZ/MAURILIO NAVARRO: 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 23-3-40 of the Weld County
Code. To bring the property into compliance the business must be removed or a new Use by
Special Review application be completed. Ms. Salzman stated the Use by Special Review was
denied, and the business is no longer operating on the site. There are still some piles of wood and
tires remaining on the property. Ms. Salzman contacted Mr. Sanchez and he stated the wood piles
would be moved inside one of the buildings on the property. The tires will need to be removed.
Manuel Sanchez through interrupter Redo Guajardo stated he uses the tires and tarp to cover feed,
and the wood is used to repair fences and pens for his animals. He is not using the wood to make
pallets, and the business activity has stopped.
Commissioner Jerke moved to dismiss case VI#0400056 against Manuel and Anita Sanchez and
Maurilio Navarro. The motion was seconded by Commissioner Long, and it carried unanimously.
Hearing Certification, Zoning Violations
May 11, 2004 2004-1372
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VI #0300352 -STEPHEN BEACH/TARA SANDERS: 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 permitted or removed from the property.
Steve Beach was present and stated the mobile home was placed on the property while a new
house was being built. Now no one wants the trailer and he has tried to donate it to an organization
that takes them to South Dakota for homeless Indians. Mr. Beach stated he may have to demolish
or burn it down; right now it is just being used for storage.
Commissioner Long moved to refer VI#0300352 against Stephen Beach and Tara Sanders to the
County Attorney for legal action, with the instruction to delay action upon such referral until
July 11, 2004, to allow adequate time for the mobile home to be removed. The motion was
seconded by Commissioner Vaad, and it carried unanimously.
VI#0300308 -LEOPOLDO AND LULU JAQUEZ: Ms. Salzman 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,
23-3-150.C, and 23-3-150.D 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. Salzman stated staff recommends this case be continued for thirty days
due to the property owners not receiving written confirmation via certified mail. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Long moved to continue VI #0300308 against Leopoldo and Lulu Jaquez until
June 22, 2004. The motion was seconded by Commissioner Vaad, and it carried unanimously.
VI #0300338 -JORGE AND MARIA ALMANZA: Ms. Salzman 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 removed, restored, or screened from all adjacent properties and
public rights-of-ways.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Jerke moved to refer VI#0300338 against Jorge and Maria Almanza to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Vaad, and it
carried unanimously.
VI#0400069-MARY WOLFF: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, and 23-3-30.1
of the Weld County Code. To bring the property into compliance, the recreational vehicle must be
abated as a dwelling and the noncommercial junkyard must be removed, restored, or screened
from all adjacent properties and public rights-of-way. Ms. Salzman stated the original complaint
was about an individual living in a camper trailer on the property, that has since been resolved;
Hearing Certification, Zoning Violations
May 11, 2004 2004-1372
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however,the noncommercial junkyard still needs to be addressed. Neither the property owner nor
a representative was present, and there was no public testimony given.
Commissioner Geile moved to continue VI #0400069 against Mary Wolff until June 22, 2004, to
allow adequate time for the noncommercial junkyard to be removed, restored, or screened from
all adjacent properties and public rights-of-way, and to contact the owner. The motion was
seconded by Commissioner Long, and it carried unanimously.
VI #0000014 - JOHN AND LILLIAN GREEN: 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, 23-3-40.0, 23-3-40.R, 29-3-10, 29-3-30, 29-3-110, 29-3-230, and 29-3-280 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 all
business equipment must be removed or a Use by Special Review application must be submitted.
The two building permits have expired, and no final inspections have been completed. Ms.
Salzman stated staff is still receiving complaints about the commercial vehicles and the
noncommercial junkyard on the property. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Vaad moved to refer VI #0000014 against John and Lillian Green to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it
carried unanimously.
•
VI #0300267 - HES, LLC/BRETT LAMPERES (DANDELION MOVING AND STORAGE): 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 a Use by
Special Review application must be submitted, and the noncommercial junkyard must be removed,
restored, or screened from all adjacent properties and public rights-of-way. Ms. Salzman stated
the business has been removed, therefore, she recommends this case be dismissed. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Jerke moved to dismiss case VI #0300267 against Hes, LLC and Brett Lamperes.
The motion was seconded by Commissioner Long, and it carried unanimously.
Hearing Certification, Zoning Violations
May 11, 2004 2004-1372
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This Certification was approved on the 17th day of May, 2004.
1 '�'1 APPROVED:
��"• o : i7r ifida BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
._{� C ���Clerk to the and
'%' rte' - 0 Robert D. Masden, Chair
® �� lerk to the Board
U i William H. Je e, Pro-Tern
TAPE #2004-02[VI]
eile
Davi . Long
Glenn Vaad
Hearing Certification, Zoning Violations
May 11, 2004 2004-1372
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