HomeMy WebLinkAbout20042355.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on August 10, 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
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Donna Bechler
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
Planning Department representative, Sheri Lockman
Planning Department representative, Monica Mika
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 #0200148 - RINCE WAND, LLC: 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 23-3-210, 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. Ms. Salzman stated the
property has been annexed into the Town of Windsor and the violation has been closed.
Commissioner Jerke moved to dismiss VI #0200148 against Rince Wand, LLC. The motion was
seconded by Commissioner Long, and it carried unanimously.
VI #0200244-CLARK: 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, 23-3-30.1,
23-4-130, 23-4-180, 29-7-10 and 29-7-30 of the Weld County Code. To bring the property into
compliance,the noncommercial junkyard must be removed, restored, or completely screened from
all adjacent properties and public rights-of-way, and there are three mobile homes on the property
that have not been permitted. Ms. Salzman stated the noncommercial junkyard violation has been
corrected; however, there is still a mobile home violation on the property. She stated there are two
mobile homes that have been on the property since 1977, and a third mobile home which was
added in 1998. The applicant would like to connect all three mobile homes, which does not comply
with the Building Code.
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Sharon Clark, applicant, stated her mother-in-law lives with them and is diabetic, therefore, they
would like to connect the mobile homes and build a deck that surrounds all three of them. She
further stated that if her mother-in-law has health problems in the future and is confined to a
wheelchair, she will be able to access all the areas. Ms. Clark submitted a quotation, marked
Exhibit A: a medical note from Sunrise Clinic, marked Exhibit B: a letter signed by their neighbors,
marked Exhibit C: and a letter addressed to the County Commissioners from the Clark family
regarding their situation, marked Exhibit D. Responding to Commisisoner Geile, Ms. Salzman
stated staff will have to look at the medical note to see if it qualifies for a Medical Hardship.
Sheri Lockman, Department of Planning Services, stated the Code allows two mobile homes to be
connected; however, it does not allow a third one to be added. Monica Mika, Director of Planning
Services, stated there is other criteria that needs to be met if the Board decides to waive any of the
Building Code regulations.
Robert Clark, property owner, stated they started the permitting process in 1998; however, when
they went back to the Planning Department in 1999, changes had been made to the Code, and
they were no longer in compliance. Bruce Barker, County Attorney, stated he would recommend
referring the case to the County Attorney, and delaying action for 6 months, to review the case file
and allow time for the property owners and staff to work through this situation.
Commissioner Jerke moved to refer VI#0400042 against Robert and Sharon Clark to the County
Attorney for legal action, with the instruction to delay action upon such referral until February 10,
2005,to allow adequate time for the property owners and staff to work through this situation . The
motion was seconded by Commissioner Vaad, and it carried unanimously.
VI #0400042 -CLARK: 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, 23-3-40,23-3-40.6,8, 23-3-40.R,
and 23-3-450.V of the Weld County Code. Ms. Salzman stated she verbally contacted the property
owners; however, staff has not received written confirmation that the Clarks received the letter
notifying them of today's violation hearing. Ms. Lockman stated the property owners applied for
a Use by Special Review Permit; however, they did not want to meet the conditions. She further
stated she advised them that there would be a violation hearing; however, they may not have
known the date of the hearing. Neither the property owners nor a representative was present.
There was no public testimony given.
Commissioner Vaad moved to continue VI #0400042 against Samuel and Cynthia Clark until
September 14, 2004, to allow adequate time for staff to notify the property owners of the Violation
Hearing. The motion was seconded by Commissioner Geile, and it carried unanimously.
VI #0300254 - FAUDOA/BARRAZA: 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,
23-3-40, 23-3-40.L, 23-4-130, 23-4-140, 23-4-160 and 29-7-10 of the Weld County Code. To bring
the property into compliance, the illegal mobile home must be removed or a Zoning Permit for a
Mobile Home and Building Permit application must be submitted to the Department of Planning
Services. Ms. Salzman stated a Zoning Permit has not been submitted for any type of use;
however, staff recommends the case be referred to the County Attorney with a delay of action for
30 days.
Hearing Certification, Zoning Violations
August10, 2004 2004-2355
Page 2 PL0824
Neither the property owners nor a representative was present. There was no public testimony
given.
Commissioner Jerke moved to refer VI #0400099 against Enrique Faudoa and Francisco Barraza
to the County Attorney for legal action, with the instruction to delay action upon such referral until
September 10, 2004, to allow adequate time for the property owners to remove the mobile home
or submit a Zoning Permit for a Mobile Home application to the Department of Planning Services.
The motion was seconded by Commissioner Long, and it carried unanimously.
This Certification was approved on the 16th day of August, 2004.
APPROVED:
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BOARD OF COUNTY COMMISSIONERS
W COUNTY, C LORADO
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erk to th� o -�` = :oard1-4
O Robert D. Masden, Chair
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William H. . -rke, Pro-Tem
TAPE #2004-02
M. J.'le
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David Long
Glenn Vaad - -__
Hearing Certification, Zoning Violations
August10, 2004 2004-2355
Page 3 PL0824
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