HomeMy WebLinkAbout20043207.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on November 9, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tern
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
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 Section 29-8-40
of the Weld County Code. To bring the property into compliance, the building permit for the pole
barn plus the addition must have all inspections completed and a final approval. Ms. Gregory stated
there are currently additional violations on the property, and she requested this case be continued
for thirty days. Neither the property owner nor a representative was present, and there was no
public testimony given.
Commissioner Geile moved to continue VI #0300157 against Jerry Faulk to December 14, 2004.
The motion was seconded by Commissioner Vaad, and it carried unanimously.
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 final approval. Ms. Gregory requested this case be continued for
thirty days because the certified mail receipt has not been returned, and she has been unable to
contact the property owners in regard to this hearing date. Neither the property owners nor a
representative was present, and there was no public testimony given.
Commissioner Vaad moved to continue VI #0400108 against Clay and Lavonda Gates to
December 14, 2004,to allow adequate time for the Department of Planning Services to contact the
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property owners. The motion was seconded by Commissioner Geile, and it carried unanimously.
VI #0400214 - MANNING: 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.F, 23-3-30.1, 23-4-180, and 23-4-180.C of the Weld County Code. To
bring the property into compliance, the mobile home must be permitted or removed and the
noncommercial junkyard must be restored, removed, or screened from all adjacent properties and
public rights-of-way.
Responding to Commissioner Jerke, Ms. Salzman stated the second mobile home had been
moved in due to a medical hardship,which has now expired. Beverly and Ericka Manning, property
owners, were present, and Ms. Manning stated her two sons will help her tear down the mobile
home. She was unaware that this permit needed to be renewed because the original permit was
obtained back in the 1980's. Responding to Commissioner Geile, Ms. Manning stated the trailer
is now being used for storage, and no one is living in it.
Commissioner Geile moved to refer VI#0400214 against Leon and Beverly Manning to the County
Attorney for legal action, with the instruction to delay action upon such referral until
December 9, 2004, to allow adequate time for the mobile home to be removed and the
noncommercial junkyard to be removed or screened. The motion was seconded by Commissioner
Vaad, and it carried unanimously.
VI #0400104 - TURLEY/LOPEZ: 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, 23-3-40, 23-3-40.L, 23-3-40.R, and 29-7-10 of the Weld County Code. To bring the
property into compliance, the commercial business and mobile home must be removed or
permitted. Ms. Salzman stated the property owners have submitted a Recorded Exemption
application for the mobile home and Mr. Lopez is planning to move the business to a new location.
Leonard and Virginia Turley and Chris Lopez property owners and tenant, were present and Mr.
Lopez stated he would need sixty days to find a new location for his business. Responding to
Commissioner Jerke, Mr. Lopez stated he would check into the zoning requirements before moving
to a new site.
Commissioner Geile moved to refer VI #0400104 against Leonard and Virginia Turley and Chris
Lopez to the County Attorney for legal action,with the instruction to delay action upon such referral
until January 9, 2005, to allow adequate time for the commercial business to be removed. The
motion was seconded by Commissioner Vaad, and it carried unanimously.
VI #0400204- MORALES: 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.B,
23-3-40.6.10, 23-3-50, 23-3-50.D, and 29-3-10 of the Weld County Code. To bring the property
into compliance, proof must be submitted that the number of animal units has been reduced, and
a building permit must be submitted for the porch addition.
Responding to Commissioner Geile, Ms. Salzman stated Felipe Morales lives on the property and
Hearing Certification, Zoning Violations
November 9, 2004 2004-3207
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there are eight horses on one acre. Responding to Commissioner Jerke, Ms. Salzman stated the
horses are being cared for. Neither the property owner nor a representative was present, and there
was no public testimony given.
Commissioner Vaad moved to refer VI #0400204 against Felipe Morales to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Geile, and it carried
unanimously.
VI #0400176 - LATHROP: 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,
23-3-40, 23-3-40.R, 23-4-130, 23-4-160, and 29-7-10 of the Weld County Code. To bring the
property into compliance,the mobile home must be permitted or removed,the commercial business
must be removed or a Use by Special Review application submitted, and the noncommercial
junkyard must be restored, removed, or screened from all adjacent properties and public
rights-of-way.
Ms. Salzman stated Mr. Lathrop contacted the Department of Planning Services this morning and
he is moving the semi-trailers from the site, and he submitted a Use by Special Review application
for the towing company. James Lathrop, Sr. was present and stated the mobile home was moved
on the property without his permission by one of his sons, and he is working to get it removed.
Mr. Lathrop stated he is moving the semi-trailers out of Weld County, and the towing company is
owned by his oldest son.
Commissioner Vaad moved to refer VI #0400176 against James Lathrop, Sr. to the County
Attorney for legal action, with the instruction to delay action upon such referral until December 9,
2004, to allow adequate time for the mobile home to be removed and the noncommercial junkyard
to be restored, removed or screened from all adjacent properties and public rights-of-way, and for
the Use by Special Review application to be submitted.. The motion was seconded by
Commissioner Geile, and it carried unanimously.
Hearing Certification, Zoning Violations
November 9, 2004 2004-3207
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This Certification was approved on the 15th day of November, 2004.
4 E(La APPROVED:
�� / BOARD OF COUNTY COMMISSIONERS
1861 akj;, .-a- ��/�,//G, ,� WELD COUNTY, COLORADO
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O 4.LL We C/o�unty Clerk to the EXCUSED
(l.t f ' _ ief- 7/ .!k ce Robert D. Masden, Chair
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Deputy Clerk to the Board 4-1...i. �7 ems-'
William H. Je Pro-Tern
TAPE #2004-[03]
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EXCUSED
David ESi!
Long
Glenn Vaad
Hearing Certification, Zoning Violations
November 9, 2004 2004-3207
Page 4 PL0824
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