HomeMy WebLinkAbout20043023.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on October 12, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner M. J. Geile
Commissioner David E. Long - EXCUSED
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, Kim Ogle
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 #0400110 - MANUEL AND MARY OLIVAS: Bethany Salzman, Department of Planning
Services, stated this case has been closed.
VI #0200131 -WSW INC/BIG R MANUFACTURING: Ms. Salzman presented the case report for
the record and pursuant to the case file, this property is in violation of Sections 23-2-160,
23-2-160.W, 23-3-330, and 23-3-330.E of the Weld County Code. To bring the property into
compliance Amended Site Plan Review(Am-SPR-188) must be completed and the plat recorded.
Staff is requesting this case be continued to December 11, 2004, due to a conversation with Union
Pacific Railroad this morning.
Kensey McFerrson,representative for Big R Manufacturing,stated the original complaint was made
back in May, 2002, by Union Pacific Railroad and they have been working to correct this. There
have been several delays, including getting a letter from Union Pacific stating problems have been
removed and the concerns have been satisfied. This was stated verbally in April, 2004, but due
to personnel changes with Union Pacific they have not been able to get this in writing. Mr.
McFerrson stated they are working on correcting all concerns with Union Pacific's cooperation and
ninety days would probably be needed to clear this violation.
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Commissioner Jerke moved to continue VI #0200131 against WSW Inc, dba Big R Manufacturing
until January 11, 2005, to allow adequate time for the Amended Site Plan Review to be completed.
The motion was seconded by Commissioner Geile, and it carried unanimously.
VI #0200641 - WAYNE AND STACEY LANDWEHR: 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 29-7-40 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 Mr.
Landwehr did contact the office this morning and informed her the windows are ordered and he
now has the finances to complete the remodeling. Responding to Commissioner Jerke, Ms.
Gregory stated Mr. Landwehr has been working out of state, and that he did not have the finances
to complete this project back in May, 2001. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Geile moved to refer VI #0200641 against Wayne and Stacey Landwehr to the
County Attorney for legal action, with the instruction to delay action upon such referral until
December 12, 2004, to allow adequate time for all inspections to be completed and a Certificate
of Occupancy issued. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI#0300176 AND VI#0300354-ASHCROFT FIFTH THIRD LLC: Ms. Gregory presented the case
reports for the record and pursuant to the case files, these properties are in violation of Section
29-3-10 of the Weld County Code. To bring the properties into compliance building permits must
be submitted and all inspections must be completed, and a Certificate of Occupancy issued.
Ms. Gregory requested these cases be heard together;these two properties are next to each other
and have the same violations. These properties were previously owned by KBC Inc. and they were
trying to deed the properties to avoid bankruptcy. Both companies were aware that new permits
needed to be obtained and the representative for Ashcroft Fifth Third LLC has not submitted them,
although he has been contacted several times. Mark Pfeifer, representative for Ashcroft FifthThird
LLC, was present and stated in May, 2004, he did try to obtain permits, however, due to a family
emergency was unable to continue until now. Responding to Commissioner Masden, Mr. Pfeifer
stated he needed about thirty days to submit permits and to complete all remaining work.
Commissioner Jerke moved to refer VI #0300176 and VI #0300354 against Ashcroft Fifth Third
LLC to the County Attorney for legal action, with the instruction to delay action upon such referral
until November 12, 2004, to allow adequate time for the building permits to be submitted and all
inspections completed, and a Certificates of Occupancy issued. The motion was seconded by
Commissioner Geile, and it carried unanimously.
VI #0400111 - RAY MITCHELL: 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.
Ray Mitchell was present, and stated he has been working out of state, however, he now has all
the electrical work done and is ready for inspections, and has renewed the well permit and it will
Hearing Certification, Zoning Violations
October 12, 2004 2004-3023
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be drilled next week. Mr. Mitchell stated he is doing all the work himself, and he now has the
money to complete this project. Responding to Commissioner Jerke, Mr. Mitchell stated he is not
living at this property, and hopefully sixty days should be enough time to complete the work.
Commissioner Geile moved to refer VI #0400111 against Ray Mitchell to the County Attorney for
legal action, with the instruction to delay action upon such referral until December 12, 2004, to
allow adequate time to submit the building permit and have all inspections completed. The motion
was seconded by Commissioner Jerke, and it carried unanimously.
VI #0400221 - LW HOMES LLC: 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, and 29-7-130 of the Weld
County Code. To bring the property into compliance all inspections for the manufactured home and
detached garage must be completed, and a Certificate of Occupancy issued. Neither the property
owner nor a representative was present, and there was no public testimony given.
Commissioner Geile moved to refer VI #0400221 against LW Homes LLC to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0400184 -TROY AND DEBORAH TAYLOR: 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.F of the Weld County Code. To bring the property into compliance the mobile home must
be permitted or removed from the property. Responding to Commissioner Geile, Ms. Salzman
stated there was no one living in the older mobile home. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Jerke moved to refer VI #0400184 against Troy and Deborah Taylor to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Geile, and it
carried unanimously.
VI#0400163-MICHAEL AND FRANCINE JENKINS: 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 removed, restored, or screened from all adjacent properties and public
rights-of-way. Neither the property owner nor a representative was present, and there was no
pubic testimony given.
Commissioner Geile moved to refer VI #0400163 against Michael and Francine Jenkins to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Jerke,
and it carried unanimously.
VI#0400152-BECKLES LLC: Ms. Salzman presented the case report for the record and pursuant
to the case file, this property is in violation of Sections 23-3-250, 23-3-150.B, 23-3-150.C,
23-3-150.D, 29-3-10, 29-7-10, and 29-7-20 of the Weld County Code. To bring the property into
compliance the noncommercial junkyard must be removed. The derelict mobile home must be
Hearing Certification, Zoning Violations
October 12, 2004 2004-3023
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removed, repaired, or demolished, and all building permits must be submitted. Ms. Salzman stated
that the owners have contacted her and are trying to sell the property. Staff is requesting this be
referred to the County Attorney for immediate action due to the property being a safety hazard.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Geile moved to refer VI #0400152 against Beckles LLC to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
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VI#0400164-HURSHELL MALONE AND GAIL STRATY: 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 removed or all permits must be submitted. Neither the property owner
nor a representative was present, and there was no public testimony given.
Commissioner Jerke moved to refer VI #0400164 against Hurshell Malone and Gail Straty to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Geile,
and it carried unanimously.
This Certification was approved on the 20th day of October, 2004.
APPROVED:
' ,� BOARD OF COUNTY COMMISSIONERS
tx� W D COUNTY, COLORADO
MI lerk to th Board • 'Vu t Robert D. Masden, Chair
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Clerk to the Board "frin
William H. J e, Pro-Tem
TAPE #2004-03 -� de./..•/'
61. J. eile
EXCUSED
David E. Long
Fxrl iSFn
Glenn Vaad
Hearing Certification, Zoning Violations
October 12, 2004 2004-3023
Page 4 PL0824
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