HomeMy WebLinkAbout20040443.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on February 10, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern - EXCUSED
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad - EXCUSED
Also present:
Acting Clerk to the Board, Donna Bechler
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 #0300325- BIGLEY: 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, 23-3-30.1, 23-3-40, and 23-3-40.H of the Weld County Code. To bring the property into
compliance, the number of household pets shall be reduced to a total of sixteen or a Use by
Special Review application be submitted. Additionally, the noncommercial junkyard must be
removed, restored, or screened from all adjacent properties and public rights-of-ways.
Ms. Salzman stated the number of birds has been reduced, but there are still more than allowed
by the Use by Right. There is also a mobile home on the property that was going to be used as
an office. Responding to Commissioner Long, Ms. Salzman stated that the noncommercial
junkyard has been taken care of. Responding to Commissioner Geile, Ms. Salzman stated the
code lists household pets as birds, cats,dogs,etcetera. This violation includes parrots, parakeets,
macaques, and other types of exotic birds and four (4) dogs. Any more than sixteen household ,
pets of two or more species over the age of six(6) months is referred to as a kennel and needs a
Use by Special Review Permit.
Linda Bigley, property owner,was present and stated her birds are not considered household pets,
they are for breeding purposes. There are a number of breeders in Weld County that have more
than sixteen of these types of species of birds on their property. Ms. Bigley reiterated the birds
should not be counted as household pets when they are actually breeders. Ms. Bigley stated she
has sixty-nine acres and is allowed to have twenty horses and five cows, and four dogs, and
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because the birds are counted as pets she has to get a Use by Special Review Permit for the birds
that only occupy one room in the basement of the house. She contacted her neighbors and there
are no problems with noise. She has sold several birds since the violation notice. She has a
hobby license with the State, and a bird breeders license. The State comes out and physically
checks the bird's conditions, if the set up is correct, flooring codes and other various conditions.
She stated she has lost thousands of dollars in trying to clear up this violation. Responding to
Commissioner Geile, Ms. Salzman stated there are about three birds over the limit, however, the
birds are still breeding so the number will fluctuate. Ms. Salzman stated staff does not support the '
request for an increase, and would recommend the total number be reduced to sixteen.
Responding to Commissioner Long, Bruce Barker,County Attorney,suggested bird breeders might
fit into a grid like we have for agricultural zoning, if licenses issued by the State determine the
number of birds allowed, and if they are keep inside and are licensed. Kirk Higgins, Weld County
Sheriff's Animal Control, was present and stated their interest in this case is not with the care and
keeping of the animal nor with Ms. Bilgey. The concern is with disease; in California there has
been an outbreak of "Exotic Newcastle Disease" which caused over 3.9 million birds, including
chickens to be depopulated. This disease was traced back to the import of exotic birds, or
household pets (birds) coming into the country. The concern is if the number of birds is raised or
we start making exemptions, the disease could be brought into this area where we have a healthy
population of poultry for business and private use. Animal Control would be available if a work
session is scheduled.
Commissioner Geile moved to continue VI #0300325 against Linda Bigley until April 13th, 2004,
to allow the Board to review all options and concerns in this case. The motion was seconded by
Commissioner Long, and it carried unanimously.
VI #0300266 - LARSON: 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-ways.
Ms. Salzman stated that an inspection was completed February 9, 2004, and one derelict vehicle
remained on the property. Mark Larson, property owner stated the remaining vehicle had been
removed this morning, February 10,2004,which brought this property into compliance. Mr. Larson
stated the vehicles were owned by relatives and he had difficultly getting them removed. Mr. Baker
advised Mr. Larson that abandoned vehicles can be towed from his property after 72 hours. Ms.
Salzman recommended this case be closed.
Commissioner Geile moved to dismiss case VI #0300266 against Mark and Valerie Larson. The
motion was seconded by Commissioner Long, and it carried unanimously. -
VI #0300124 - GONZALEZ: 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, 23-3-150.C, and
23-3-150.D of the Weld County Code. To bring the property into compliance, the commercial
repairing of vehicles must cease and all derelict vehicles must be removed.
Ms. Salzman stated at one time Mr. Gonzalez repaired vehicles; however since then,,he has
become ill and is no longer working on vehicles.
Hearing Certification, Zoning Violations
February 10, 2004 2004-0443
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Jura Lupe Puentes, property owner's daughter, stated Mr. Gonzalez is not working on vehicles at
this time. Responding to Commissioner Long, Ms. Salzman stated there are approximately five
vehicles on property and five or six more on the side streets.
Commissioner Long moved to refer VI#0300124 against Socorro and Guadalupe Gonzalez to the
County Attorney for legal action, with the instruction to delay action upon such referral until May
10, 2004, to allow adequate time for the remaining vehicles to be removed. The motion was
seconded by Commissioner Geile, and it carried unanimously.
VI #0200461 - DUVALL: 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, 23-4-140, and
29-7-10 of the Weld County Code. To bring the property into compliance, the mobile home must
be removed.
Ms. Salzman stated that Mr. Duvall has submitted a Building Permit to demolish the mobile home.
Ms. Salzman recommended this case be left open after permits have been submitted if the mobile
home has not been demolished after six(6)months the County Attorney could process with action.
Chrisann Rees, property owner's daughter requested an extension. She stated Mr. Duvall's job
takes him out of town often and there is not a market for these mobile homes, so they will need
time to submit permits and then demolish the mobile home. Responding to Commissioner Long,
Ms. Rees stated they need six months to demolish and remove the mobile home.
Commissioner Long moved to refer VI#0200461 against Chris and Cherylon Duvall to the County
Attorney for legal action, with the instruction to delay action upon such referral until
August 10, 2004, to allow adequate time for the permits to be submitted and the mobile home to
be demolished. The motion was seconded by Commissioner Geile, and it carried unanimously.
VI #0200431 - WICKLOW/COLLEY: 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,
29-3-10, 29-3-100, 29-7-10, and 29-7-30 of the Weld County Code. To bring the property into
compliance, a new building permit for the mobile home must be submitted and the noncommercial
junkyard must be removed, restored,or screened from all adjacent properties and public rights-of-
ways.
Gary Colley, property owner, stated he previously had a permit to remodel the mobile home;
however, he ran out of money. He was advised by the inspector to leave the permit open and if he
was not able to complete the project, have the inspector sign off on the part that was complete.
Mr. Colley stated he failed to do this.
Mr. Colley stated the derelict vehicle on the property is for sale, and the camper is licenced. There
is a tractor trailer they are emptying and will haul away, and approximately twenty-five vehicles
have been removed. The blocks and concrete are used for landscaping, and the tires and wood
pile will need to be removed. Responding to Commissioner Masden, Mr. Colley stated sixty days
would be enough time to complete the clean up.
Commissioner Long moved to refer VI #0200431 against James and Dorothy Wicklow, do Gary
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February 10, 2004 2004-0443
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Colley to the County Attorney for legal action,with the instruction to delay action upon such referral
until April 10, 2004, to allow adequate time for the vehicle to be sold and the remaining tires,wood
and blocks to be cleaned up. The motion was seconded by Commissioner Geile, and it carried
unanimously.
VI #0300017 - HOUGH: 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 29-7-10
of the Weld County Code. To bring the property into compliance a building permit must be
submitted and a certificate of occupancy issued.
Ms.Gregory stated that the previous owner did have a Building Permit for a Manufactured Home.
Since that time, there has been a transfer of ownership and the permit has expired. The property
has gone back to the bank and Fred Allison was listed as a contact person. Mr.Allison is no longer
employed at the bank, however, Ms. Gregory did obtain his phone number and was able to contact
him. Ms. Gregory was told that Erbes Construction was buying the property and when Ms.
Gregory contacted Mr. Erbes, he stated he is not buying the property at this point. Several
attempts have been made to contact Mr. Hough and Mr. Allison with no response. Responding to
Commissioner Geile, Ms. Gregory stated there is no one living on the property. Responding to
Commissioner Long, Ms. Gregory stated that Mark Hough does own the property. Neither the
property owner nor a representative was present, and there was no public testimony given.
Commissioner Geile moved to refer VI #0300017 against Mark Hough to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI#0300009 -PALMA: Ms. Salzman presented the case report for the record and pursuant to the
case fille, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.F, 23-3-30.1, and
23-4-130 of the Weld County Code. To bring the property into compliance the mobile home must '
be removed or a permit submitted, and the noncommercial junkyard must be removed, restored,
or screened from all adjacent properties and public rights-of-ways.
Ms. Salzman stated Mr. and Mrs. Palma came into the Planning Department on January 30, 2004,
to discuss what needs to be done to comply with code. She stated the north side of the property
has been fenced, mainly along the west and south sides, she can not verify along the east. The
mobile home is being fenced inside the property which is not allowed. Ms. Salzman stated Mr.
Palma does not agree with the recommendation to remove or permit the mobile home. ,
Responding to Commissioner Geile, Ms. Salzman stated that it is not being used for storage, it is
being lived in. Neither the property owner nor a representative was present, and there was no
public testimony given.
Commissioner Long moved to refer VI #0300009 against Jose and Martina Palma to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Geile, and it
carried unanimously.
VI#0300083-BALDERRAMA: 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, and
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February 10, 2004 2004-0443
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23-3-40.R of the Weld County Code. To bring the property into compliance all commercial
equipment and vehicles must be removed, and the noncommercial junkyard must be removed,
restored, or screened from all adjacent properties and public rights-of-ways.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Geile moved to refer VI #0300083 against Humberto Balderrama to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
•
VI #03000306 - KIPP: Ms. Salzman presented the case report for the record and pursuant to the
case file, this property is in violation of Section 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 permit submitted, and the noncommercial junkyard must be removed, restored, or
screened from all adjacent properties and public rights-of-ways.
Ms. Salzman stated that Ms. Kipp is cooperating and working on getting the property into
compliance. Neither the property owner nor a representative was present, and there was no public
testimony given.
Commissioner Long moved to refer VI#0300306 against Ellen Kipp to the County Attorney for legal
action,with the instruction to delay action upon such referral until April 10, 2004, to allow adequate
time for the Zoning Permit to be submitted or to remove the mobile home. The motion was
seconded by Commissioner Geile, and it carried unanimously.
Hearing Certification, Zoning Violations
February 10, 2004 2004-0443
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This Certification was approved on the 18th day of February, 2004.
APPROVED:
ATTEST: iitefil La` BOARD OF COUNTY COMMISSIONERS W D COUN Y, OLORADO
VWeld County Clerk to "r- B. :,'�;:�.'
-
%,• ,p Robert D. Masden, Chair BY: Deputy Clerk to the B N.��,
William H. J ce, Pro-Tern
TAPE #2004-01[VI]
M. ile�
David E. Long
EXCUSED
Glenn Vaad
/
Hearing Certification, Zoning Violations
February 10, 2004 2004-0443
Page 6 PL0824
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