HomeMy WebLinkAbout20040192.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on January 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 - 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, 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 #0300064 - GALLEGOS/ROSALEZ: 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 29-8-40, 23-4-130 and 23-4-140 of the Weld County Code. To bring the property into
compliance, the mobile home must be removed from the property.
Ms. Gregory stated that she had spoke to Mrs. Rosalez and they would like to keep the mobile
home on the property . Mrs. Rosalez's daughter will be in this week to apply for a new Zoning and
Building permit. Neither the property owner nor a representative was present, and there was no
public testimony given.
Commissioner Geile moved to refer VI #0300064 against Francisco Gallegos and Betty Rosalez
to the County Attorney for legal action, with the instruction to delay action upon such referral until
February 13, 2004, to allow adequate time for a Zoning and Building permit to be submitted. The
motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0300224 - DAVIS/DUERKSEN: 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 23-3-30.F of the Weld County Code. To bring the property into
compliance, a Zoning Permit for a Mobile Home or a Recorded Exemption application must be
submitted, or the mobile home must be removed from the property.
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Mindee Duerksen was present and stated she will submit a renewal for a Zoning Permit for Medical
Hardship. Wendi Inloes, Department of Planning Services requested a letter to explain the medical
hardship.
Commissioner Geile moved to refer VI #0300224 against Arthur and Mary Davis(Heir of) and
Mindee Duerksen to the County Attorney for legal action, with the instruction to delay action upon
such referral until February 13, 2004, to allow adequate time for the Zoning Permit or Recorded
Exemption to be submitted, or the mobile home removed. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
VI #0300091 - LANG: 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 23-3-30.1 of the
Weld County Code. To bring the property into compliance, the mobile home must be removed or
permitted, and the noncommercial junkyard be removed, restored, or screened from all adjacent
properties and public rights-of-ways.
Sharon Atkinson was present and stated the mobile home was originally placed on the property to
help with the farming and since that time her parents have rented the house and leased the
property. They are in the process of tearing down the mobile home and removing the debris.
They will need some time for the renters to address the derelict vehicles on the property.
Commissioner Geile moved to refer VI #0300091 against Kenneth and Alvena Lang to the County
Attorney for legal action, with the instruction to delay action upon such referral until April 13, 2004,
to allow adequate time for the mobile home to be removed and the noncommercial junkyard to be
removed,restored,or screened from adjacent properties and public rights-of-way. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
VI #0300230 -AGUIRRE: 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 and 23-3-40.R of
the Weld County Code. To bring the property into compliance, a Use By Special Review
application must be submitted or the business removed from the property.
Responding to Commissioner Jerke, Ms. Salzman stated that this is the same construction
business that was located in Indianhead when they applied for a Use By Special Review one year
ago and it was denied by the Board. Neither the property owner nor a representative was present,
and there was no public testimony given.
Commissioner Geile moved to refer VI#0300230 against Jose and Josefina Aguirre to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it
carried unanimously.
VI#0300260-FAVELA: 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, 23-3-30.F, 23-3-40,
23-3-40.R, 23-3-40.V, 23-4-160, and 29-7-10 of the Weld County Code. To bring the property into
compliance,the mobile homes must be demolished and the noncommercial junkyard be removed,
restored, or screened from all adjacent properties and public rights-of-ways.
Hearing Certification, Zoning Violations
January 13, 2004 2004-0192
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Ms. Salzman stated that a Demolition Permit has been applied for and the fencing will be
completed in the same time frame.
Fred Favela, the property owner's son, stated they are working on fencing the areas where the
vehicles are parked and will be starting the demolition of the mobile homes. Responding to
Commissioner Masden, Mr. Favela stated that 120 days would be enough time to complete this.
Commissioner Jerke moved to refer VI#0300260 against Oscar Favela to the County Attorney for
legal action, with the instruction to delay action upon such referral until May 13, 2004, to allow
adequate time for the mobile homes to be demolished, and the noncommercial junkyard removed,
restored, or screened from all adjacent properties and public rights-of-way. The motion was
seconded by Commissioner Geile, and it carried unanimously.
VI #0300259 - MILLER: 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
29-3-10 of the Weld County Code. To bring the property into compliance,a Use By Special Review
application must be submitted, or the modular and mobile homes and commercial business must
be removed from the property.
Ms. Salzman stated a loan company has issued foreclosure proceedings on the modular and
mobile homes and they will be removed in one to two weeks through that process. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Geile moved to refer VI #0300259 against Cecil Miller to the County Attorney for
legal action,with the instruction to delay action upon such referral until February 13, 2004,to allow
adequate time for the modular and mobile homes and business to be removed from the property.
The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI#0200020-REYES: 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.R,
29-7-10, 29-7-30, 29-7-120, and 29-7-130 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 a Building Permit application must be submitted or the
second mobile home be removed.
Marcio Reyes,the property owner's son, asked for more time to be able to complete the work that
needs to be done. Mr. Reyes inquired if an extension could be granted if the work is not completed
in two months. Bruce Barker, County Attorney, stated they could work with getting the extension
if needed.
Commissioner Jerke moved to continue VI#0200020 against Felix and Benita Reyes to the County
Attorney for legal action,with the instruction to delay action upon such referral until March 13,2004,
to allow adequate time for the noncommercial junkyard to be removed, restored, or screened from
all adjacent properties and public rights-of-way, and a Building Permit application submitted or the
mobile home removed. The motion was seconded by Commissioner Geile and it carried
unanimously.
Hearing Certification, Zoning Violations
January 13, 2004 2004-0192
Page 3 PL0824
VI #9900193 - DUNCAN/RAINEY: Ms. Salzman presented the case report for the record and
pursuant to the case file, this property is in violation Sections 23-3-20, 23-3-20.A, 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 or a Recorded Exemption and subsequent appropriate permits be
completed.
Ms. Salzman stated previous permits have been denied and as of now there is no Zoning Permit.
Responding to Commissioner Jerke, Ms. Salzman stated the second mobile home is currently
permitted as an Accessary to the Farm. This permit will need to be renewed once the Recorded
Exemption is completed. The property is used to raise Arabian horses.
Randall Duncan, property owner, stated his parents are elderly, are employed full time by Rainey
Arabians and need help with lifting and the operation of caring for the horses.
Commissioner Geile moved to refer VI #9900193 against Randall Duncan and Ron Rainey to the
County Attorney for legal action, with the instruction to delay action upon such referral until April
13, 2004, to allow adequate time for the mobile home to be removed or the Recorded Exemption
and permits to be submitted. The motion was seconded by Commissioner Jerke and it carried
unanimously.
VI #0300318 - LYON/HAITHCOAT: 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, a Zoning Permit for a Mobile
Home must be submitted or the mobile home must be removed.
Ms. Salzman requested this case be referred back to the Department of Planning Services
because the property owners submitted a Zoning Permit application on January 9, 2004. Neither
the property owner nor a representative was present, and there was no public testimony given.
Commissioner Geile moved to refer VI #0300318 against Edythe Lyon and Vicki Haithcoat back
to the Department of Planning Services. The motion was seconded by Commissioner Jerke, and
it carried unanimously.
VI#0300263 -WESTERN EQUIPMENT AND TRUCKING INC: 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 29-2-20. To bring the property into compliance,a Use By Special
Review must be submitted or all business activities and storage be removed.
Ms. Salzman stated that a Use By Special Review application was submitted on January 9, 2004,
and an Excavation Permit was submitted to the Building Inspection Department on January 12,
2004.
Commissioner Geile addressed how the business could be stopped from moving to a new location
causing the same violation while the permits are being processed. Bruce Barker, County Attorney,
stated that immediate action would need to be taken. Neither the property owner nor a
representative was present, and there was no public testimony given.
Hearing Certification, Zoning Violations
January 13, 2004 2004-0192
Page 4 PL0824
Commissioner Jerke moved to refer VI #0300263 against Western Equipment and Trucking Inc.
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 19th day of January, 2004.
��� �` APPROVED:
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ATTEST: t _{ p U ��I1& a , BOARD OF COUNTY COMMISSIONERS
" 11 , W LD COUNTY, COLORADO
° 1/42Q�
Weld County Clerk to e .:r. • "�,
4 Robert D. Masden, Chair
BY:
Deputy Clerk to the Bo q,, �l
William H. Je e, Pro-Tem
TAPE #2004-04(VI) 8C2-I�
J. Ge le
EXCUSED
David E. Long
EXCUSED
Glenn Vaad
Hearing Certification, Zoning Violations
January 13, 2004 2004-0192
Page 5 PL0824
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