HomeMy WebLinkAbout20041122.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on April 13, 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, Sharon Kahl
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Kim Ogle
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 must be reduced to a total of(16) sixteen, or a Use by
Special Review application must be submitted,also the noncommercial junkyard must be restored,
removed, or screened from all adjacent properties and public rights-of-way.
Ms. Salzman stated staff requests this case be continued to June 22, 2004, due to discussion
regarding the Weld County Code. Neither the property owner nor a representative was present,
and there was no public testimony given.
Commissioner Jerke moved to continue VI#0300325 against Linda Bigley until June 22,2004. The
motion was seconded by Commissioner Long, and it carried unanimously.
VI #0300295 - BOYD/BOATMAN: 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,and 23-3-40.R of the Weld County Code. To bring the property into compliance
the noncommercial junkyard must be restored, removed, or screened from all adjacent properties
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and public rights-of-way.
Ms. Salzman stated there has been significance progress on the site, the commercial business on
the property has been removed, and she has been in contact with Mr. Boyd's attorney who is
requesting thirty days to complete the remaining cleanup.
James Boyd, property owner, and Bob Erving, representative, were present. Responding to
Commissioner Geile, Mr. Boyd stated he may need more than thirty days to complete the removal
of the fences and lumber, therefore, sixty days would be better. Responding to Commissioner
Geile, Mr. Erving stated there is some uncertainty as to some of the violations and they may need
to work with Ms. Salzman to get this cleared up. Mr. Boyd stated he is in the process of the moving
the fencing and lumber, however, this is the old Longmont Diary Farm and the fences are very
sturdy and are taking longer than expected to remove. Commissioner Geile stated that maybe the
case should be extended for sixty days to allow enough time to complete this project.
Commissioner Vaad moved to refer VI #0300295 against James Boyd and John Boatman to the
County Attorney for legal action, with the instruction to delay action upon such referral until
June 22, 2004, to allow adequate time for the remaining corrals and lumber to be removed. The
motion was seconded by Commissioner Geile, and it carried unanimously.
VI #0300272 -ALEMAN: 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
23-3-40.R of the Weld County Code. To bring the property into compliance the dump trucks must
be removed and the noncommercial junkyard must be restored, removed, or screened from all
adjacent properties and public rights-of-way.
Ms. Salzman stated there are two trucks, debris and trash remaining on the property, and she has
not been able to contact Mr. Aleman. There have been no improvements on the site and staff is
requesting this case be referred to the County Attorney for immediate action. Responding to
Commissioner Jerke, Ms. Salzman stated she cannot verify that there is a business operating on
this property, however, in past violations there was a business operation involved on the site and
surrounding sites. Neither the property owner nor a representative was present. There was no
public testimony given.
Commissioner Geile moved to refer VI #0300272 against Jose Aleman to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0300264 - MEHL: 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
restored, removed or screened from all adjacent properties and public rights-of-way.
Ms. Salzman stated she had contacted Mr. Mehl last summer and he was reluctant to clean up the
junkyard because of the West Nile Virus. Ms. Salzman has had no contact with Mr. Mehl since
then, and there has been no improvement on the site. Staff recommends referral to the County
Attorney for immediate action. Neither the property owner nor a representative was present, and
Hearing Certification, Zoning Violations
April 13, 2004 2004-1122
Page 2 PL0824
there was no public testimony given.
Commissioner Long moved to refer VI #0300264 against Allen Mehl to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI#0300321-SCOTT: Peggy Gregory,Department of Planning Service, 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 submitted and approved.
Ms. Gregory stated this property is up for foreclosure, and staff recommends this case be referred
to the County Attorney for immediate action. Bruce Barker, County Attorney, will send a letter to
the property owner and the company doing the foreclosure; in this case First American Mortgage.
Neither the property owner nor a representative was present, and there was no public testimony
given. Responding to Commissioner Jerke, Mr. Barker stated this action would show up for a
potential buyer and usually the company holding the mortgage will clear up the violations so the
property will sell.
Commissioner Jerke moved to refer VI#0300321 against Gordon and Valerie Scott to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
This Certification was approved on the 19th day of April, 2004.
APPROVED:
ATTEST: ,1 I I�`�!ELa BOARD OF COUNTY COMMISSIONERS
/� `� W LD COUNTY, COLORADO
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Weld County Clerk to t (8'. $�e� sAN�—
c �p ' �r� Robert D. Masden, Chair
BY: Co2Cht^ ,r
Deputy Clerk to the !' I / ?rl., ,
�I William H. e, Pro-Tem
TAPE #2004-01(VI) '`fkeL
M. eile
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David . Long
Glenn Vaad
Hearing Certification, Zoning Violations
April 13, 2004 2004-1122
Page 3 PL0824
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