HomeMy WebLinkAbout20033163.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on November 18, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair- EXCUSED
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:
OLD BUSINESS:
VI #0300137 - KLINE: 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, 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, and the number of cats be reduced to four.
Ms. Salzman stated that Rosalie Kline is in the process of cleaning up the junkyard, licensing the
remaining vehicles, and reducing the number of cats. Due to health problems she will need a little
more time. The cats are from a neighboring property that is now vacant, she is feeding the cats
outside, and is in the process of finding homes for them. Responding to Commissioner Jerke, Ms.
Salzman stated there are at least 20 cats there now.
Responding to Commissioner Jerke, Bruce Barker, County Attorney, stated there is no code for
cats at large, four cats are allowed on the property. Ms. Kline will be notified of the option of having
Animal Control trap and remove the cats if she is unable to find homes for them.
Ms. Rosalie Kline was present and is cooperating with the Department of Planning Services to
correct violations.
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Commissioner Vaad moved to refer VI#0300137 against Rosalie Kline to the County Attorney for
legal action, with the instruction to delay action upon such referral until February, 2004, to allow
adequate time for the noncommercial junkyard to be restored, removed, or screened from all
adjacent properties and public rights-of-ways, the remaining vehicles to be licensed, and the
number of cats reduced. The motion was seconded by Commissioner Jerke, 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 a Zoning Permit for a Mobile Home (ZPMH) for the Temporary Storage of a Mobile
Home must be submitted.
Ms. Salzman stated a correction to the site address for the case summary is 11576 Weld County
Road 52, Milliken, Colorado, 80543.
Neither the property owner nor a representative was present. Terry Denton, tenant who lives in
the legal house on the site, stated she talked to Mrs. Hopp twice regarding this matter. Mrs. Hopp
told her the trailer was scheduled to be moved in August, 2002, however, last week there were
people coming by to rent the trailer due to an advertisement in the paper. Responding to
Commissioner Vaad, Ms. Denton stated the previous tenants contacted the Department of
Planning Services because the trailer did not have electricity for two and a half months and that
is when they found out it was illegal.
Commissioner Jerke moved to refer VI #0300166 against Scott and Deanne Hopp to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Vaad, and it
carried unanimously.
NEW BUSINESS:
VI #0300207 - WADSWORTH: 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 removed from the property. In the Residential R-5 Zone District,
a noncommercial junkyard is not allowed.
Ms. Salzman stated that there has been no contact with the owners other than the certified letters
have been received and signed for. She has left several messages with no response. Upon a
visual inspection yesterday, some progress has been made. There have been numerous
complaints on this property. Neither the property owner nor a representative was present, and
there was no public testimony given.
Commissioner Vaad moved to refer VI #0300207 against Larry and Juanita Wadsworth to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Jerke,
and it carried unanimously.
Hearing Certification, Zoning Violations
November 18, 2003 2003-3163
Page 2 PL0824
VI#0300156-COX: 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 Sections 29-8-40 of the
Weld County Code. To bring the property into compliance the three outstanding building permits
must have all inspections completed.
Ms. Gregory stated the certified mail has been received, however, none of the phone messages
have been returned. Responding to Commissioner Geile, Ms. Gregory stated some of the permits
go back to April, 2000. The three building permits still outstanding are the furnace, the detached
garage,and the pole barn. Responding to Commission Geile, Ms. Gregory stated all permits were
issued after the purchase of the property, and the pole barn is not an agricultural exempt building.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Geile moved to refer VI #0300156 against Larry and Betty Cox to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Vaad, and it
carried unanimously.
This Certification was approved on the 24th day of November, 2003.
APPROVED:
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ATTEST: f _ _�D / //�C,r'1 . % BOARD OF COUNTY COMMISSIONERS
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Weld County Clerk to t,��'W t(j9 FXCI ism
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. J. Geile
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Hearing Certification, Zoning Violations
November 18, 2003 2003-3163
Page 3 PL0824
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