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Home My WebLink About20032539.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION A public hearing was conducted on August 12, 2003, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke 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 #0300052 - COUNTRY ESTATES, LLC/CLAYTON HOMES: Peggy Gregory, Department of Planning Services, presented the case report for the record and stated the property is in violation of Section 29-8-40 of the Weld County Code. To bring the property into compliance,final plumbing and heating, skirting, steps and landings, and final approval inspection must be completed and approved and a Certificate of Occupancy issued. Neither the property owner nor a representative was present, and there was no public testimony given. Ms. Gregory recommended this case be referred to the County Attorney for immediate action, Clayton Homes has numerous open permits and no responses have been given to correspondence sent by Planning staff. Responding to Commissioner Jerke, Ms. Gregory stated that Country Estates has not been notified; however, messages have been left with the mobile home owner, Anne Marshall,with no response. Bruce Barker, County Attorney's Office, asked if this could be continued for 30 days to notify all parties involved and try to determine why the permits are not finalized. Commissioner Jerke moved to continue VI#0300052 against Country Estates, LLC and Clayton Homes for one month until September 9,2003. The motion was seconded by Commissioner Vaad and it carried unanimously. VI #0200227 - NORDEN/HOWARD: Bethany Salzman, Department of Planning Services, presented the case report for the record and stated the property is in violation of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.Q, 23-3-50, and 23-3-50.D of the Weld County Code. To bring the 2003-2539 PL0824 property into compliance, the number of horses must be reduced to eleven or less or a Use by Special Review application shall be completed and submitted to the Department of Planning Services. Ms.Salzman stated that an inspection was done on August 11,2003,and the number of horses has been reduced to eleven;therefore,the properties are in compliance. In response to Commissioner Geile, Ms.Salzman stated there were about 40 horses at the beginning of the violation and 26 last year. All of the horses have been in good health. Commissioner Jerke moved to dismiss case VI#0200227 against Craig Norden and Karon Howard. The motion was seconded by Commissioner Masden, and it carried unanimously. VI#0000333 -MARTINEZ: Ms. Salzman presented the case report for the record and stated the 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 property owner shall remove, restore or completely screen the Noncommercial Junkyard from all adjacent property and all road rights-of-ways. Ms. Salzman presented pictures for the Board to review. Responding to Commissioner Geile,Ms. Salzman stated the pictures in the file are dated November 27,2000. The pictures presented today are from August 11, 2003. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Geile moved to refer VI#0000333 against Anthony Martinez to the County Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI#0000099-ERBACHER: Ms. Salzman presented the case report for the record and stated the property is in violation of Sections 23-3-20,23-3-30,23-3-30.D,23-3-40,23-3-40.O,and 23-3-40.R of the Weld County Code. To bring the property into compliance the business must be removed from the property or a Use by Special Review application shall be completed and submitted to the Department of Planning Services. Ms. Salzman stated that Mr. Erbacher has purchased property on First Avenue in Greeley and he will move there upon completion of a building which is currently being constructed. Mr.Dan Erbacher,owner of DJE Electric,stated Erbacher Electric is operated by his brother. They have operated in this location for nine years, and have had only three complaints. There are no signs on the buildings and they have two vehicles for employees. Mr. Erbacher stated there are other larger business in the neighborhood, and he has been singled out by two individuals. Commissioner Geile stated that a review of the area should be done by the Weld County Department of Planning Services to ensure other businesses are in compliance. Responding to Commissioner Geile,Ms.Salzman stated that this property is zoned A(Agricultural); therefore, Mr.Erbacher may apply for a Use by Special Review for a Home Business,although his business does not meet the qualifications of a Home Occupation. Hearing Certification, Zoning Violations August 12, 2003 2003-2539 Page 2 PL0824 Commissioner Jerke moved to refer VI#0000099 against Dan Erbacher to the County Attorney for legal action, with the instruction to delay action upon such referral until May 12, 2004, to allow adequate time for the removal of the business from the property. The motion was seconded by Commissioner Geile, and it carried unanimously. VI#0300036 -WRIGHT/COIN: Ms. Salzman presented the case report for the record and stated the property is in violation of Sections 23-3-20, 23-3-20.P, 23-3-30, 23-4-140, and, 29-7-10 of the Weld County Code. To bring the property into compliance a Zoning Permit for a Mobile Home must be completed and submitted to the Department of Planning Services or the mobile home shall be removed from the property. Ms.Salzman requested that this case be referred back to the Department of Planning Services due to the fact that a Zoning Permit Application was received on August 11,2003. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Jerke moved to referVI#0300036 against David Wright and Betty Coin back to the Department of Planning Services. The motion was seconded by Commissioner Masden, and it carried unanimously. VI#0100016 -SKYBERG: Ms. Salzman presented the case report for the record and stated the property is in violation of Sections 23-3-20,23-3-20.A,23-3-30,23-3-30.F,and 23-4-130 of the Weld County Code. To bring the property into compliance the mobile home shall be removed or a Recorded Exemption application shall be completed and submitted to the Department of Planning Services. The only other option is to apply for a Zoning Permit for Mobile Home application for the Temporary Storage of a Mobile Home. Ms.Salzman stated that she had spoken with Jody Skyberg in July and they would like to keep the mobile home for storage and a shop for woodworking. There are no plumbing or electric facilities in the structure. Jody Skyberg,property owner,was present and stated in 1999 they purchased a old mobile home to be placed on the property as a storage unit. Roger Vigil, Building Inspector,told them it would be allowed; however, after receiving a letter from Ms. Salzman, they found out the mobile home is a violation. They have invested approximately$7,000.00 in the mobile home. Mr.Skyberg submitted pictures for the Board to view. Responding to CommissionerJerke,Mr.Skyberg stated that Mr.Vigil told them to complete the construction, then come in for a permit, and to refer to it as a dog house/office trailer. Responding to Commissioner Geile,Ms.Salzman stated in the past a Mobile Home Zoning Permit for Storage was allowed; however, that use was removed by the Board in 2001. The Code does not allow a Mobile Home to be placed on a permanent foundation. Responding to Commissioner Jerke,Mr. Barker stated that in 1999,when Mr.Vigil said they could use it as a storage unit,that use was allowed. Responding to Commissioner Vaad, Mr. Skyberg stated they cannot salvage any of the costs related to this unit, and he understands why the County cannot issue a permit. Commissioner Geile asked Legal Council if a waiver could be granted in this case. Responding to CommissionerJerke,Ms.Salzman stated a Building Permit was never issued for this mobile home. Commissioner Jerke stated he would like to maintain consistency with the Code to prevent future Hearing Certification, Zoning Violations August 12, 2003 2003-2539 Page 3 PL0824 problems. Commissioner Geile stated this case should be dismissed and the structure be viewed as a pull barn. CommissionerJerke moved to refer VI#0100016 against Jody,Debra,and Sandra Skyberg to the CountyAttorneyfor legal action,with the instruction to delay action upon such referral fora full year, to allow adequate time for the mobile home be removed, or apply for a Use By Special Review Permit if a new structure is built for business use. The motion was seconded by Commissioner Vaad, and by roll call, the motion carried four to one, with Commissioner Geile opposed. VI#0300104-MARTINEZ: Ms. Salzman presented the case report for the record and stated the property is in violation of Sections 23-3-20,23-3-20.A,23-3-30,23-3-30.F 23-3-30.1,29-7-10,and 29-7-30 of the Weld County Code. To bring the property into compliance a Building Permit must be obtained. The Noncommercial Junkyard shall be removed, restored or screened from all adjacent properties and all public rights-of-ways. Neither the property owner nor a representative was present. Ms. Salzman stated there are a number of complaints against Vincente and Geraldine Martinez, out of sixteen properties owned by them, fifteen appear to be violations, and four have violations pending. Commissioner Long stated those not in violation should not be brought before the Board;however, Mr. Barker stated the other cases could be brought to the attention of the Board for direction to staff to inspect the other properties. Elaine Steward,adjacent property owner,presented the Board with pictures, marked Exhibit A. She stated this was originally to be a Temporary Permit for a Mobile Home; however, upon the death of the previous tenant, the condition of the property worsened. CommissionerJerke moved to refer VI#0300104 against Vicente Martinez to the County Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it carried unanimously. VI#0200593-TORRES/OJEDA: Ms.Salzman presented the case report for the record and stated the property is in violation of Sections 23-3-20, 23-3-20.A, 23-3-20.P, 23-3-40, 23-3-40.B, 23-3-40.8.17,29-3-10, 29-3-20,29-3-20.B.13, and 29-3-20.B.13.b of the Weld County Code. To bring the property into compliance a Recorded Exemption application and a Use by Special Review shall be completed and submitted to the Department of Planning Services;the rodeos shall cease; and a Building Permit shall be obtained. Ms. Salzman stated this property is in violation due to an illegal land split. The Mobile Home is without permits, although rodeo events are no longer occurring. Responding to Commissioner Masden,Ms. Salzman stated that a Recorded Exemption application does not allow property to be equally divided and the property owners have been notified that one lot needs to be larger than the other, and they will need to work out the sizes among themselves. Mr. and Mrs. Seruno Ojeda stated they purchased 40 acres and are in the process of completing the Recorded Exemption application. Theywill then correct the Building Permit on the mobile home, which was on the property when it was purchased. They are willing to correct all violations. Mr. Hearing Certification, Zoning Violations August 12, 2003 2003-2539 Page 4 PL0824 Barker suggested that an access easement could cross the Torres' property for the purpose of decreasing one lot to less than 35 acres and he will talk with both property owners. Mrs. Ojeda asked whether a temporary access permit could be granted, and Mr. Barker stated he would explain public road right-of-way to them. Martia Torres stated that when the property was purchased,the seller told them they could buy 40 acres and the other property owner would get 45 acres. They have agreed to allow an access agreement for the Ojeda's property, and Ms. Torres requested a waiver of the Investigation Fees of$500.00. Ms.Salzman explained this fee to the Board and Mr. Barker said there have been cases where this has been waived. Commissioner Geile moved to waive fees for VI #0200593, due to both sides trying to bring the properties into compliance. The motion was seconded by Commissioner Jerke, and it carried unanimously. Commissioner Vaad moved to referVI#0200593 against Francisco Torres and Seruno and Martina Ojeda to the County Attorney for legal action,with the instruction to delay action upon such referral until October 12, 2003, to allow adequate time for the Recorded Exemption application to be completed and a Building permit to be obtained. The motion was seconded byCommissioner Geile, and it carried unanimously. This Certification was approved on the 18th day of August, 2003. APPROVED: ATTEST: 4 yi2/v B A D OF COUNTY COMMISSIONERS WE COUNY, COLORADO `c rk to the Bo- 'd £ A vi. E Lo g, air um : t�ier o Board •(Cis Ci Robert D. (sden, Pro-Tem (VI) M. J. eile William Jerke ( tItit- Glenn Vaad CO) Hearing Certification, Zoning Violations August 12, 2003 2003-2539 Page 5 PL0824 Hello