HomeMy WebLinkAbout20043291.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on December 14, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem -EXCUSED
Commissioner M. J. Geile
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 #0300157 - FAULK: 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 23-3-30,
23-3-30.1, 23-3-40, 23-3-40.R, and 29-8-40 of the Weld County Code. To bring the property into
compliance, the semi tractors and trailers and all commercial construction equipment must be
removed, and the building permit for the pole barn plus the addition must have all inspections
completed and a final approval. Ms. Gregory stated the violation was continued from
November 9, 2004, to allow time for the Department of Planning Services to inspect property for
additional violations. Ms. Gregory stated she has tried to contact the property owners several
times and the certified mailings have been returned unclaimed. The property owners were aware
that a final inspection needed to be completed, however, they have not contacted the Department
of Planning Services.
Responding to Commissioner Vaad, Ms. Gregory stated several attempts have been made to
contact property owners and they are living at said address. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Geile moved to refer VI #0300157 against Jerry Faulk to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
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VI #0400108 -GATES: 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, the building permit for the addition to the manufactured home must have
all inspections completed and a final approval. Ms. Gregory stated the violation was continued
from November 9, 2004, to allow time to contact the property owners of the violation hearing date.
Ms. Gregory stated she has contacted Kermit Feser, the tenant, on several occasions and the
property owners and the tenant were aware of the violations and what was needed to bring the
property into compliance.
Responding to Commissioner Geile, Ms. Gregory stated the pole barn was an addition to the house
to be used as a bedroom; however, it was later changed to be an office and recreation room. Mr.
Gates has been out of state and was renting the property. Ms. Gregory stated Mr. Gates was
aware that he could not rent without clearing up the violations. Mr. Feser advised Ms. Gregory that
he had moved out of the house; however, he would complete the electrical work and would
schedule an inspection on November 19, 2004, which was not done. Ms. Gregory has not heard
from the tenant or the property owner since that conversation. Neither the property owner nor a
representative was present, and there was no public testimony given.
Commissioner Vaad moved to refer VI #0400108 against Clay and Lavonda Gates to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Geile, and it
carried unanimously.
VI #0400008 - MEYERS (SHIPLEY): 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 and given final approval
for the detached garage. Ms. Gregory has spoken with Lisa Meyers and she confirmed she lives
at this address, and has recently married and changed her last name.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Geile moved to refer VI #0400008 against Lisa Meyers to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
VI #0400318 - STEINKE: Ms. Gregory 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,29-3-30,
29-3-160, and 29-3-320 of the Weld County Code. To bring the property into compliance a Use
by Special Review Permit must be submitted and a Building Permit for the Change of Use for an
Agricultural Exempt Building must be submitted, and all inspections must be completed.
Rodger Steinke, property owner,was present and stated this property may be annexed into the City
of Longmont. Mr. Steinke is waiting for the final decision on this annexation proposal before
submitting the permits. Responding to Commissioner Geile, Ms. Gregory stated Mr. Steinke would
need to get a Special Review Permit for the electrical company he operates from his home.
Responding to Commissioner Geile, Mr. Steinke stated there are no customers coming to this site,
and the only employee is his daughter, who runs the business office.
Hearing Certification, Zoning Violations
December 14, 2004 2004-3291
Page 2 PL0824
Commissioner Vaad moved to refer VI#0400318 against Rodger and Francis Steinke back to the
Department of Planning Services. The motion was seconded by Commissioner Geile, and it
carried unanimously.
VI#0400073-CASTRO: 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 23-3-30.1 of the Weld County Code. To bring the property into compliance, the
derelict vehicles must be restored, removed, or screened from all adjacent properties and public
rights-of-way.
Ms. Salzman stated there has been substantial progress on this site, however, there is still one
vehicle that needs to obtain current license plates or be removed. Neither the property owners nor
a representative was present, and there was no public testimony given.
Commissioner Geile moved to refer VI #0400073 against Joe and Eriberta Castro to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Vaad, and it
carried unanimously.
VI#0400206 -RODGERS: Ms. Salzman presented the case report for the record and pursuant to
the case file,this property is in violation of Sections 23-3-110, 23-3-110.B, 23-3-10.C, 23-3-110.D,
23-3-160, and 23-3-160.H of the Weld County Code. To bring the property into compliance the
number of horses must be reduced to two.
Margaret Rodgers, property owner, was present and stated they are trying to sell all remaining
horses and the property is for sale. Responding to Commissioner Geile, Ms. Rodgers stated ninety
days should be enough time,they are working with the Department of Planning Services to correct
this violation, and they are having a new home built that should be done by the end of January.
Commissioner Geile moved to refer VI #0400206 against Edgar and Margaret Rodgers to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 14, 2005, to allow adequate time for the remaining horses to be sold. The motion was
seconded by Commissioner Vaad, and it carried unanimously.
VI #0100304 - EICHLER: 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, 23-3-30.F, and
23-4-130 of the Weld County Code. To bring the property into compliance a Recorded Exemption
application must be submitted to split the property or the mobile home must be removed.
Ms. Salzman stated the mobile home was placed on the property in 1984 through a Medical
Hardship application which has never been renewed. Responding to Commissioner Geile, Wendi
Inloes, Department of Planning Services, stated the Medical Hardship application was submitted
before she started working for the County, and it is hard to catch these until the property owners
submit other permits and changes. This case was brought to the attention of the Planning
Department when a second permit for access to the farm application was submitted and denied.
Ms. Inloes stated the property is not being farmed at this time, and there is one stick home on the
site. Responding to Commissioner Geile, Ms. Inloes stated it was previously farmed as dryland.
Hearing Certification, Zoning Violations
December 14, 2004 2004-3291
Page 3 PL0824
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Vaad moved to refer VI #0100304 against Haiko and Monika Eichler to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Geile, and it
carried unanimously.
VI#0100279-HARRIS: 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, 23-3-30.F, 23-4-130,
and 29-7-10 of the Weld County Code. To bring the property into compliance, a Recorded
Exemption application must be submitted and a new Zoning Permit for the remaining mobile home
and building permit application must be completed and submitted or the second mobile home must
be removed.
Ms. Salzman stated the property owners did submit a Recorded Exemption application on
December 13, 2004, and is requesting 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 #0100279 against David and Eugenia Harris back to the
Department of Planning Services. The motion was seconded by Commissioner Geile, and it
carried unanimously.
This Certification was approved on the 20th day of December, 2004.
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„�q E llda APPROVED:
1861It '" / "'� BOARD OF COUNTY COMMISSIONERS
. 'jC te-Q;- LD COUNTY, COLORADO
rity Clerk to t Board �k Y 1\PLO— -
.,r1; Robert D. Masden, Chair
_.BYLI !�
Deputy Clerk to the Board e EXCUSED
William H. J e, Pro-Tem
TAPE#2004-03 (VI) --
M. J. Geil
EXCUSED
Davi� Lonu
/eke 044
Glenn Vaad
Hearing Certification, Zoning Violations
December 14, 2004 2004-3291
Page 4 PL0824
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