HomeMy WebLinkAbout20040719 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on March 9, 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 - EXCUSED
Commissioner David E. Long - EXCUSED
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#0300134-LOYD AND SHEILA SCHLICHENMAYER: 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, 23-3-30, and 29-3-320 of the Weld County Code. To bring the
property into compliance, the Building Permit must be approved.
Ms. Gregory stated the Use by Special Review has been approved, however there could possibly
be a Building Permit violation, therefore, she recommended 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 #0300134 against Loyd and Sheila Schlichenmayer back
to the Department of Planning Services. The motion was seconded by Commissioner Jerke, and
it carried unanimously.
VI#0300254-GLORIA RAMIREZAND INES PLIEGO: 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, 23-3-20.B, 23-3-30, 23-3-30.F, 23-4-130, and 23-4-140 of the Weld
County Code. To bring the property into compliance, the mobile home must be removed or a
zoning permit for a mobile home must be submitted.
Ms. Salzman stated the applicants had submitted a letter to the Department of Planning Services
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on March 8, 2004, and recommended 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 # 0300254 against Gloria Ramirez and Ines Pliego back
to the Department of Planning Services. The motion was seconded by Commissioner Jerke, and
it carried unanimously.
VI #0300339 -RICHARD AND MARGARET 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,
23-3-30.1, 23-3-40, 23-3-40.B, 23-3-40.B.10, 23-3-50, and 23-3-50.D of the Weld County Code.
To bring the property into compliance, the number of horses must be reduced to twenty-six, and
the noncommercial junkyard must be removed, restored, or screened from all adjacent properties
and public rights-of-ways.
Mike and Dan Miller, sons of the property owners, were present and stated there are actually 8.5
acres on the property not 6.0, making the number of horses legal. Dan and Mike stated they
rebuild pick-up trucks as a hobby so there are some truck parts on the property. If they fence the
area, the road sits up higher than the property, so the vehicles will still be in view. Most of the
vehicles are licensed and do run. Responding to Commissioner Masden, Ms. Salzman stated Mr.
Miller submitted a letter stating the number of acres is 8.5. She further stated the derelict vehicles
will need to be screened, and the complaints submitted to Weld County Animal Control regarding
the horses conditions have been unfounded. Responding to Commissioner Jerke, Bruce Barker,
County Attorney, stated the Assessor's Office takes the number of acres from the Deed. The
owner is working with the Department of Planning Services and they will check on the number of
acres with a survey or on the data available with the Assessor's Office through mapping.
Commissioner Vaad stated the derelict vehicles will need to be screened.
Commissioner Vaad moved to referVI#0300339 against Richard and Margaret Miller to the County
Attorney for legal action, with the instruction to delay action upon such referral until April 9, 2004,
to allow adequate time for the number of horses to be reduced and the noncommercial junkyard
to be removed, restored, or screened from all adjacent properties and public rights-of-ways. The
motion was seconded by Commissioner Jerke, and it carried unanimously.
(Clerks note: After the hearing, Bruce Barker confirmed the actual number of acres on the property
is 8.5.)
VI #0300356 - SAUL AND PAULINE ENCINIA: 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, 23-4-130, 29-3-10, and 29-3-230 of the Weld County Code. To bring the property into
compliance, the mobile home must be removed or the temporary during construction mobile home
permit be extended so the stick built home can be completed.
Ms. Salzman stated this building permit has been renewed twice for temporary construction.
Responding to Commissioner Jerke, Ms. Salzman state the north side of the property has been
screened to hide the derelict vehicles.
Hearing Certification, Zoning Violations
March 9, 2004 2004-0719
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Saul Encinia was present and stated he has had health problems for the last year and was unable
to complete all the work. Responding to Commissioner Vaad, Wendi Inloes, Department of
Planning Services, stated the permit has expired and Mr. Encinia will need to pay $300.00 to
extend it. Mr. Encinia stated he came in this morning and tried to contact Ms. Salzman and pay
this amount.
Commissioner Vaad moved to refer VI#0300356 against Saul and Pauline Encinia to the County
Attorney for legal action, with the instruction to delay action upon such referral until September 9,
2004, to allow adequate time for the construction permit to be extended and the work to be
completed. The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0300274 - JANET 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, 23-3-20.B, 23-3-30,
23-3-30.1, 23-3-40, and 29-7-10 of the Weld County Code. To bring the property into compliance,
the mobile home must be removed or a zoning permit for a mobile home must be submitted and
the noncommercial junkyard must be removed, restored or screened from all adjacent properties
and public rights-of-ways.
Ms. Salzman stated she visited the site on March 8,2004,and the temporary building permit issued
for 30 days on the stick house has expired.
Janet Green was present and stated she plans to apply for a Medical Hardship Permit. She does
not have the money to extend the permit. She stated she uses the wood for heat, and the trash
on the property is from the wind. Responding to Commissioner Jerke, Ms. Salzman stated a renter
has moved into the mobile home. Ms. Green stated she lives on the corner lot and her
granddaughter lives in the other house. The mobile home renter helps with the up-keep of the
property and lives there for security from vandalism. Ms. Green stated the house and mobile home
were brought in as a source of income. Responding to Commissioner Masden, Ms. Salzman
stated Ms. Green was advised that she could apply for the Medical Hardship permit; however, it
is unlikely that it will be granted.
Commissioner Jerke moved to refer VI#0300274 against Janet Green to the County Attorney for
legal action, with the instruction to delay action upon such referral until May 9, 2004, to allow
adequate time to remove or submit a new application for a zoning permit for a mobile home and
remove, restore, or screen the noncommercial junkyard. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
VI #0300195 - THEO AND HELEN SUSURAS/WESTERN SKY HOMEBUILDERS, LLC: Ms.
Salzman, presented the case report for the record and pursuant to the case file, this property is in
violation of Sections 23-3-230,23-3-230.B,23-3-230.C,23-3-230.D,23-3-230.E,29-7-10,29-7-90,
and 29-7-130 of the Weld County Code. To bring the property into compliance, the Amended Site
Plan Review must be submitted and recorded, and the building permit for an office must be
completed by March 15, 2004, or a new permit submitted.
Leslie Martinez , General Manager for Western Sky Homebuilders, was present and stated there
were a few small items that did not pass inspection on March 10,2004. They have been corrected
and a final inspection should be completed this afternoon. They need to complete the landscaping,
Hearing Certification, Zoning Violations
March 9, 2004 2004-0719
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remove the derelict vehicles that were tied up in a lawsuit from the previous owners, and complete
the fencing.
Commissioner Vaad moved to refer VI #0300195 against Theo and Helen Susuras and Western
Sky Homebuilders, LLC to the County Attorney for legal action, with the instruction to delay action
upon such referral until April 9, 2004, to allow adequate time for the Amended Site Plan Review
to be completed and recorded and the building permit for an office to be submitted. The motion
was seconded by Commissioner Jerke, and it carried unanimously.
VI #0200395 -ANGEL, BILLIE JO, ADAM AND ANGIE HICKEY: 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, 23-3-30.1, and 29-7-10 of the Weld County Code. To bring the
property into compliance, the mobile home must be removed or a zoning permit for a mobile home
permit submitted.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Jerke moved to refer VI#0200395 against Angel, Billie Jo,Adam and Angie Hickey
to the County Attorney for immediate legal action. The motion was seconded by Commissioner
Vaad, and it carried unanimously.
T ' 'fication was approved on the 15th day of March, 2004.
IE APPROVED:
18614/14i W BOARD
COUNT COUNTY
Y, COLORADO COMMISSIONERS
rk to the B rd
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BY. v � 7c7 Robert D. Masden, Chair
Deputy Clerk to the Board I le A
William H. Jerke, Pro-Tem
TAPE #2004-01 EXCUSED
M. J. Geile
EXCUSED
Davi E. Long
Glenn Vaad
Hearing Certification, Zoning Violations
March 9, 2004 2004- u71-9
Page 4 PL0824
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