HomeMy WebLinkAbout20041938 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on July 13, 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 EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Donna Bechler
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
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 #0400156 - MONTOYA: 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 Section
29-8-40 of the Weld County Code. To bring the property into compliance, all inspections must be
completed and a Certificate of Occupancy issued. Ms. Salzman recommended the case be
referred to the County Attorney with a delay of action for 30 days to allow the property owners time
to complete the Building Permit.
Leroy and Leann Montoya, property owners, stated they had a difficult time getting the mobile
home delivered to their property in Dearfield, and are now having problems with warranty issues.
Responding to Commissioner Vaad, Mr. Montoya stated they should be able to resolve the
warranty issues in 30 days. Bruce Barker, County Attorney, stated he will send a letter to the
people who installed the mobile home to put pressure on them and let them know the work must
be completed within 30 days.
Commissioner Vaad moved to refer VI#0400156 against Leroy and Leann Montoya to the County
Attorney for legal action, with the instruction to delay action upon such referral until August 13,
2004, to allow adequate time for the property owners to resolve the warranty issues and receive
their Certificate of Occupany. The motion was seconded by Commissioner Geile, and it carried
unanimously.
2004-1938
ee;,O,( (2) F V PL0824
VI #0300342 - SCOGGINS: 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. Ms. Salzman stated the property is located in the R-5 (Residential) Zone District and
a noncommercial junkyard is not allowed even if it is screened. She further stated the property
owner is deceased and the trust has been passed to her daughter, Lynette Scoggins. Neither
Lynette Scoggins nor a representative was present. There was no public testimony given.
Commissioner Vaad moved to refer VI#0300342 against Lynette Scoggins to the County Attorney
for immediate action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0300337 -WINCHER: 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, 20-3-30.F, and 23-3-30.1 of
the Weld County Code. To bring the property into compliance, the noncommercial junkyard must
be restored, removed or completely screened from all adjacent properties and public rights-of-way.
Ms. Salzman stated the mobile home listed on the violation has been moved across the road onto
another property. She showed pictures on the overhead that were taken on July 12, 2004, showing
no tags or expired tags on many of the derelict vehicles, piles of wood, bricks, tresses, and
miscellaneous debris. Responding to Commissioner Geile, Ms. Salzman stated there is no
evidence of any business activity taking place on the property.
Nancy Wincher and Frederick Schuler, property owners, stated they plan to build a fence with the
wood; however, they cannot afford to enclose the entire property or to license the vehicles. Ms.
Salzman inferred if they erect a fence just around the vehicles and debris, rather than around the
entire property, the violation will be corrected. Commissioner Vaad commented the goal is to
screen the noncommercial junkyard from visibility from the road.
Commissioner Geile moved to refer VI #0300337 against Nancy Wincher to the County Attorney
for legal action, with the instruction to delay action upon such referral until August 13, 2004, to
allow adequate time for the property owners to screen the noncommercial junkyard . The motion
was seconded by Commissioner Vaad, and it carried unanimously.
Hearing Certification, Zoning Violations
July 13, 2004 2004-1938
Page 2 PL0824
This Certification was approved on the 19th day of July, 2004.
E Z,a APPROVED:
BOARD OF( COUNTY COMMISSIONERS
186 l�"" 4 ���A WE CKJIKY, COLORADO
1Nd? up Clerk to the Boa
i��n Robert D. Masden, Chair
eputy Clerk to the Board
William H. rke, Pro-Tem
TAPE #2004-02
M. J. Geile
EXCUSED
David E. Long
.4--LLA—.1)0L-05-A
Glenn Vaad
Hearing Certification, Zoning Violations
July 13, 2004 2004-1938
Page 3 PL0824
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