HomeMy WebLinkAbout20041701.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on June 22, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner M. J. Geile
Commissioner David E. Long
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, Chris Gathman
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, 23-3-40,and 23-3-40.H of the Weld County Code. To bring the property into compliance,
the number of household pets must be reduced to sixteen or a Use by Special Review application
must be submitted. Ms. Salzman requested this case be referred back to the Department of
Planning Services to review changes pending in the Weld County Code. Neither the property owner
nor a representative was present, and there was no public testimony given. Commissioner Vaad
moved to refer VI#0300325 against Linda Bigley back to the Department of Planning Services. The
motion was seconded by Commissioner Long, and it carried unanimously.
VI#0300308-JAQUEZ: 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 this property into compliance the derelict vehicle must be
removed. Ms. Salzman stated notice of this hearing was sent on May 11, 2004, by certified mail,
and was returned unclaimed. She also stated on May 1, 2004, a letter was hand delivered to the
property. Neither the property owner nor a representative was present, and there was no public
testimony given. Commissioner Vaad moved to refer VI #0300308 against Leopoldo and Lulu
Jaquez to the County Attorney for immediate legal action. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
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VI#0400069-WOLFF: 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, and 23-3-30.1 of the
Weld County Code. To bring the property into compliance the recreational vehicle must cease to
be used as a dwelling, and the noncommercial junkyard must be removed, restored or screened
from all adjacent properties and public rights-of-way. Ms. Salzman stated the property is in
compliance and a letter was sent to the property owner on June 16, 2004, indicated the case has
been closed. She requested this case be dismissed. Neither the property owner nor a
representative was present, and there was no public testimony given. CommissionerJerke moved
to dismiss case VI #0400069 against Mary Wolff. The motion was seconded by Commissioner
Geile, and it carried unanimously.
VI#0400044-DECHANT: 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 29-8-40 of
the Weld County Code. To bring the property into compliance the building permit for the pole barn
must be submitted and completed. Ms. Gregory stated the property owner was confused regarding
the Certificate of Occupancy and will now complete all needed permits and inspections. Donald
Dechant, property owner,was present and stated thirty days will be enough time to complete the
requirements. Commissioner Long moved to refer VI#0400044 against Donald and Terri Dechant
to the County Attorney for legal action, with the instruction to delay action upon such referral until
July 22, 2004, to allow adequate time for the work to be finished and final inspections completed.
The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI#0400101 -KOLDEWAY: Ms. Gregory presented the case report for the record and pursuant
to the case file, this property is in violation of Section 29-3-10 of the Weld County Code. To bring
the property into compliance, fees must be paid for Building Permit BCS-020634, which will allow
staff to issue said permit. Ms. Gregory stated the property owners withdrew the original permit
BCS-020167 and, due to a family hardship, refunded 80 percent of the application fee. After
receiving a Stop work order for building without a permit, a new building permit was issued;
however, fees were never paid, and the permit was not picked up.
Donald and Leigh Koldeway, property owners,were present,and submitted a letter dated June 22,
2004, marked ExhibitA, regarding the permit. Responding to Commissioner Masden, Ms.Gregory
stated staff did issue a stop work order, and the application for a second building permit was
received. Responding to Commissioner Geile, Mr. Koldeway stated they are building a garage
addition onto the modular, and he would like to reopen the original building permit. The second
permit duplicated a Federal flood hazard permit fee,which was previously paid,along with several
added conditions, such as removal of buildings and changing the leech field, although the property
which has been in the family since 1959, is grandfathered. Mr. Koldeway stated he does not agree
to the new conditions, therefore, he does not want to pay for the new permit.
Chris Gathman, Department of Planning Services, stated the original Flood Hazard Permit should
cover the exact same work as the amended permit; therefore, there may have been additional
conditions requiring the new Flood Hazard Permit. Responding to Commissioner Masden, Mr.
Gathman stated he needs to research whether there have been changes in regulations and
determine why this permit had to be amended. Bruce Barker, County Attorney, stated in the
situation explained by Mr. Gathman, the property owners would be required to get a new permit
Hearing Certification, Zoning Violations
June 22, 2004 2004-1701
Page 2 PL0824
instead of reinstating the old one. Responding to Commissioner Geile, however, Mr. Barker stated
there are instances where the Building official could re-instate the permit. He indicated there are
still two issues remaining and advised the Board to refer the case back to staff to resolve all issues.
Responding to Commissioner Geile, Ms. Koldeway stated this is a residential property, not a
commercial business. Commissioner Jerke stated this could be resolved with staff, and he
indicated staff should pursue the least expensive solution since everything had been done correctly
on the original permit. Commissioner Jerke moved to refer VI#0400101 against Donald and Leigh
Koldeway back to the Department of Planning Services. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
VI#0400098 -QUINTANA/ZOZAYA: 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,23-3-110.C,
23-3-110.C.6,and 23-3-110-D of the Weld County Code. To bring the property into compliance,the
noncommercial junkyard and all commercial vehicles must be removed. Ms. Salzman stated this
property is zoned R-1 (Residential). There is one van with expired plates and one truck remaining
on the property. Ms. Salzman stated she has spoken with Mr. Zozaya, and she recommended 30
days be allowed to complete the cleanup. Martin Zozaya was present and agreed that 30 days
would be sufficient time. There was no public testimony given.
Commissioner Vaad moved to refer VI#0400098 against Angelica Quintana and Martin Zozaya to
the County Attorney for legal action, with the instruction to delay action upon such referral until
July 22, 2004, to allow adequate time for the delict vehicles to be removed. The motion was
seconded by Commissioner Long, and it carried unanimously.
VI#0400075-SIMMONS: 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.D, and 29-8-40
of the Weld County Code. To bring the property into compliance, a Home Occupation application
or a Use by Special Review application must be submitted and further inspections must be
requested until the outstanding Building Permit is completed. Ms. Salzman stated that a Home
Occupation application was submitted and an inspection was conducted last week on the building,
therefore,she requested the case be referred back to the Department of Planning Services in order
to finalize both permits. Neither the property owner nor a representative was present,and there was
no public testimony given.
Commissioner Geile moved to refer VI#0400075 against Jacob and Wendy Simmons back to the
Department of Planning Services. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0200148 - RINCE WAND, LLC/HILBURN: Ms. Salzman presented the case report for the
record and pursuant to the case file,this property is in violation of Sections 23-3-210, 23-3-210.B,
23-3-210.C, 23-3-210.D, 23-3-210.E, 23-3-220, 23-3-220.B, 23-3-220.C, 23-3-220.D, and
23-3-220.E of the Weld County Code. To bring the property into compliance a Site Plan Review
application must be submitted, and an annexation plat for the Town of Windsor must be recorded
or the business and all materials must be removed. Ms. Salzman requested this case be continued
to August 10, 2004, pending the Valley View Annexation to the Town of Windsor. She presented a
Hearing Certification, Zoning Violations
June 22, 2004 2004-1701
Page 3 PL0824
letter from Scott Ballstadt, Planner from the Town of Windsor, marked as Exhibit A,stating the final
plat for the annexation should be recorded approximately August 2, 2004. Commissioner Long
moved to continue VI#0200148 against Rince Wand, LLC, do Jerry Hilburn to August 10, 2004.
The motion was seconded by Commissioner Vaad, and it carried unanimously.
VI#0400077-JIMENEZ: 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 Zoning
Permit for a Mobile Home application and a Building Permit must be submitted,or the mobile home
must be removed. Ms. Salzman stated there are now two mobile homes which need building
permits, and presented two complaint letters from surrounding property owners, marked Exhibits
A and B. Responding to Commissioner Geile, Ms. Salzman stated this property is zoned
agricultural and there are only five acres on this site. Neither the property owner nor a
representative was present. Diane Evans, surrounding property owner, was present and stated
the property has been abandoned and foreclosed upon by the bank. In March, one mobile home
was placed on the property, and in April the second mobile home was placed on the property. Ms.
Evans stated the property is not being used agriculturally, it is continuing to deteriorate, and there
are six or seven people living there.
Commissioner Jerke moved to refer VI #0400077 against Beningno and Leonel Jimenez to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Vaad,and
it carried unanimously.
VI#0200662-BUROUGH: 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 electrical permit must have final approval. Ms. Gregory stated a
inspection has been scheduled for today and requested action be delayed for 30 days to finalize the
permit. Neither the property owner nor a representative was present, and there was no public
testimony given. Commissioner Geile moved to refer VI #0200662 against Mark and Corina
Burough to the County Attorney for legal action, with the instruction to delay action upon such
referral until July 22, 2004, to allow adequate time for all final inspections to be completed. The
motion was seconded by Commissioner Long, and it carried unanimously.
VI#0400006-BAUSERMAN: Ms. Gregory presented the case report for the record and pursuant
to the case file, this property is in violation of Section 29-3-10 of the Weld County Code. To bring
the property into compliance a building permit must be submitted, all inspections completed and a
Certificate of Occupancy issued,or the house must be removed. Ms.Gregory stated she has made
several attempts to contact the owners. Neither the property owner nor a representative was
present, and there was no public testimony given. CommissionerJerke moved to refer VI#0400006
against Richard and Carolyn Bauserman to the County Attorney for immediate legal action. The
motion was seconded by Commissioner Vaad, and it carried unanimously.
Hearing Certification, Zoning Violations
June 22, 2004 2004-1701
Page 4 PL0824
VI#0400059 -ABFALTER/WEBBER: 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 must have all inspections completed and
approved. Responding to Commissioner Vaad, Ms. Gregory stated she was unable to contact the
property owners; however, contact was made concerning prior planning issues. Mr. Gathman
stated there is a long history involved with this case, starting with USR#1438 for an indoor arena.
The property owners placed a sign indicating special events; however,one of the conditions on the
Special Use Permit was that the applicant obtain a variance to allow them to encroach within the
150 foot set back on the well head, relocate the building, or design the building to meet the "U"
occupancy classification. The special events would take this out of the classification under which
application was made. Responding to Commissioner Geile, Mr. Gathman stated that when
USR#1438 was heard by the Board, it was with the understanding that the special events would
not be allowed within the 75 foot set back area. Neitherthe property owner nor a representative was
present, and there was no public testimony given. Responding to Commissioner Geile, Mr. Barker
stated he will address the building code violations, and notify the owners that there are other
violations on the Use by Special Review that need to be addressed.
Commissioner Geile moved to refer VI#0400059 against Charles Abfalter and Rhonda Webber to
the County Attorney for immediate legal action. The motion was seconded by Commissioner Vaad,
and it carried unanimously.
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M APPROVED:
T BOARD OF COUNTY COMMISSIONERS
1861 . '-. WEL¢C�OUNTY, COLORADO
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V n erk to the B and
Robert D. Masden, Chair
BY: / �x � 4 qr-/
eputy Clerk to the Board
William H. e, Pro-Tem
TAPE #2004-02 (VI)
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Davi E. Long
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Glenn Vaad
Hearing Certification, Zoning Violations
June 22, 2004 2004-1701
Page 5 PL0824
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