HomeMy WebLinkAbout20032872.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on October 14, 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
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 #0300098 - ELIA: 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 23-3-110,
23-3-110.B, 23-3-110.B.1, 23-3-110.C, 23-3-110.D, 29-3-10, and 29-3-320 of the Weld County
Code. To bring the property into compliance the noncommercial junkyard must be restored,
removed or completely screened from all adjacent properties and public rights-of-ways, and the
garage must be returned to it's original use or a Planned Unit Development application must be
submitted.
Ms. Salzman stated that the noncommercial junkyard has been removed and the vehicles have
been licensed. The remaining violation is the garage which was converted into a dwelling unit.
Dorothy Elia is now in the process of moving back into the house and is requesting 90 days to evict
the current tenants.
Dorothy Elia, property owner stated that the tenants will move out after the holidays, and she will
then move back into the house. Ms. Elia presented a letter, marked Exhibit A, regarding the
derelict vehicles and time needed to get back into the house.
Commissioner Vaad moved to refer VI #0300098 against Dorothy Elia to the County Attorney for
legal action, with the instruction to delay action upon such referral until January 13, 2004, to allow
adequate time for the garage to be returned to original use and for her to move back into the
house. The motion was seconded by Commissioner Masden, and it carried unanimously.
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VI #0200517 -STEPANEK: 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.D, 23-3-40,
23-3-40.O, and 23-3-40.R of the Weld County Code. To bring the property into compliance, a
Home Occupation, or a Use by Special Review application must be submitted.
James Stepanek, property owner, stated that the zoning changed after he bought the property.
There was a problem in the past with the Department of Public Health and Environment when work
was brought to the site. Mr. Stepanek stated the few items he brings home to work on are now
done inside a structure. There are no signs or advertising, and the hours of operations are
between 8:00 and 5:00. Responding to Commissioner Geile, Ms. Salzman stated the Home
Occupation permit is $50.00 and the Use by Special Review is much more. The reason the Home
Occupation is questionable is the fact that some work is done at the site. Responding to
Commissioner Geile, Mr. Stepancek stated there is very little work brought home, maybe once a
month.
Ms. Salzman stated that with either the Home Occupation or the Use by Special Review, they will
have an Inspector check the building and Phil Brewer of the Department of Public Health and
Environment will check for air quality control and if a state permit is needed. Responding to
Commissioner Vaad, Ms. Salzman stated that she has discussed the option of not bringing any
work to the site; however, Mr. Stepanek stated financially he could not refuse work.
Commissioner Vaad moved to refer VI#0200517 against James Stepanek to the County Attorney
for legal action, with the instruction to delay action upon such referral until January 13, 2004, to
allow adequate time for the Use by Special Review application to be submitted, or move the
business. The motion was seconded by Commissioner Geile, and it carried unanimously.
VI #0300090 - EARLY: 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, and 23-3-150.C 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-ways.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Ms. Salzman stated the certified mail receipt from the first mailing was returned stating Mr. Early
may have moved to Wyoming, and the property is in the process of being sold.
Commissioner Geile moved to refer VI # 0300090 against Ross Early to the County Attorney for
legal action, with the instruction to delay action upon such referral until November 18, 2003, to
allow adequate time for the property to sell. The motion was seconded by Commissioner Jerke ,
and it carried unanimously.
VI #0300101 -SALAZAR: 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.D,
23-3-160, and 23-3-160.H of the Weld County Code. To bring the property into compliance the
number of animals must be reduced,or a Nonconforming Use application must be completed. Also
Hearing Certification, Zoning Violations
October 14, 2003 2003-2872
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the Ag Exempt structures must be removed, or building permits obtained.
Ms. Salzman stated upon the last inspection, there has been considerable improvement to the
property. The number of animals has been reduced and numerous structures have been torn
down.
Dennis Maxey, representative for the owner, stated that Mr. Salazar is 95 years old and basically
has rented this area to a number of people, unaware of what was actually occurring on the site.
They are working to get the violations cleared up, and are about 70% completed. He has rented
from Mr. Salazar for about 12 years, and was not aware this was zoned residential. Mr. Maxey
stated he sells animals from this site. The clean up is taking more time then first expected and it
has taken longer to get the renters out, and the animals moved. Most of the tenants do not speak
English. Mr. Maxey is requesting until the end of the year to contact the owners of the remaining
vehicles and to complete the clean up of the property. Responding to Commissioner Vaad, Mr.
Maxey stated Mr. Salazar has turned the upkeep of the property over to him.
Responding to Commissioner Jerke, Bruce Barker, County Attorney Office, stated that a change
of Zone could be applied for.
Commissioner Vaad moved to refer VI # 0300101 against Selustriano and Marina Salazar to the
County Attorney for legal action, with the instruction to delay action upon such referral until
January 13, 2004, to allow adequate time for a Change of Zone application to be submitted, or
the structures and animals to be removed. The motion was seconded by Commissioner Jerke,
and it carried unanimously.
VI #0300137 - KLINE: 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 completely screened from all adjacent properties and public rights-of-ways.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Masden moved to continue VI #0300137 against Rosalie Kline until
November 18,2003, to allow adequate time for the Department of Planning Services to contact the
property owner. The motion was seconded by Commissioner Vaad, and it carried unanimously.
VI #0300128 - BERGLAND: 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.D, 23-3-160, and 23-3-160.H of the Weld County Code. To bring the property into
compliance the number of horses must be reduced, or a Change of Zone application submitted.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Geile moved to refer VI#0300128 against Earl Bergland to the County Attorney for
legal action, with the instruction to delay action upon such referral until November 18, 2003, to
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October 14, 2003 2003-2872
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allow adequate time for the number of horses to be reduced, or a Change of Zone application to
be submitted. The motion was seconded by Commissioner Vaad, and upon a roll call vote, the
motion carried four to one, with Commissioner Jerke opposed.
VI #0200618 - HELM/BARCLAY: 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-ways. The
derelict mobile home must be repaired or removed.
Ms. Salzman stated she has contacted the property owner and the tenants and the violations are
in the process of being corrected. The mobile home is permitted, and requires some light repair
to bring it up to code. Therefore, the Department of Planning Services is requesting that this case
be referred to the County Attorney, but delay legal action for 30 days.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Jerke moved to refer VI #0200618 against Erich Helm and James and Sandra
Barclay to the County Attorney for legal action, with the instruction to delay action upon such
referral until November 18, 2003, to allow adequate time for the property owners to restore,
remove, or screen the noncommercial junkyard and remove or repair the derelict mobile home.
The motion was seconded by Commissioner Vaad, and it carried unanimously.
VI #0200449 - DOWNS/ROSARIO: 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, 23-3-40.O, and 23-3-40.R of the Weld County Code. To bring the property into
compliance all business activities and equipment must be removed or a Use by Special Review
application be completed.
Ms. Salzman stated that the wood working business grew larger than the owner expected. Mr.
Rosario is in the process of moving to a commercial site in Erie. Neither the property owner nor
a representative was present, and there was no public testimony given.
Commissioner Masden moved to refer VI #0200449 against Peter and Marian Downs and Tony
Rosario to the County Attorney for legal action, with the instruction to delay action upon such
referral until November 18, 2003, to allow adequate time for the property owners to remove the
business or submit a Use by Special Review application be completed. The motion was seconded
by Commissioner Geile, and it carried unanimously.
VI #0300166 - HOPP: 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, 23-4-160, and
29-7-10 of the Weld County Code. To bring the property into compliance the mobile home must
be removed or ZPMH zoning permit for a mobile home must be submitted for the temporary
storage of a mobile home.
Hearing Certification, Zoning Violations
October 14, 2003 2003-2872
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Ms.Salzman stated the property owners are out of state at this time,and she was unable to contact
them. Neither the property owner nor a representative was present, and there was no public
testimony given.
Commissioner Vaad moved to continue VI #0300166 against Scott and Deanne Hopp until
November 18,2003,to allow adequate time for the property owners to be notified. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
VI#0300177-PENNINGTON: 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,and 23-3-40.R of
the Weld County Code. To bring the property into compliance the temporary structures must be
removed or a Use by Special Review application be completed.
Ms. Salzman stated that the property is down to four temporary structures, and Mr. Pennington is
working on moving the rest of the structures to Morgan County next week. The Department of
Planning Services is requesting this case be referred to the County Attorney,but delay legal action
for 30 days. Neither the property owner nor a representative was present,and there was no public
testimony given.
Commissioner Geile moved to referVI#0300177 against Robert Pennington to the County Attorney
for legal action,with the instruction to delay action upon such referral until November 18, 2003, to
allow adequate time for the buildings to be removed. The motion was seconded by Commissioner
Masden, and it carried unanimously.
This Certification was approved on the 20th day of October, 2003.
APPROVED:
ATTEST: I) / dfrlA, 'ms, BOARD OF COUNTY COMMISSIONERS
L144 WEL COUNTY, COLORADO
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Weld County Clerk t. .(71 � \
D id . on Cha7
BY: .
Deputy Clerk to t
I Robert D. den, Pro-Tem
TAPE #2003-04
M. . ile
EXCUSED DATE OF APPROVAL
Willis H. Jerke
Glenn Vaad
Hearing Certification, Zoning Violations
October 14, 2003 2003-2872
Page 5 PL0824
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