HomeMy WebLinkAbout20032687.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on September 9, 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 - EXCUSED
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 #0100216 - EMERLING/BUENO/NORWOOD: 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 noncommercial junkyard must be removed, restored or
screened from all adjacent properties and public rights-of-way. The number of dogs must be
reduced to four(4)or a Use by Special Review application must be completed. The derelict mobile
home must be removed from the property or a demolition permit must be obtained to tear it down.
Cornelio Bueno, property owner,and stated he needed more time to clean up the property from the
last tenants. Responding to Commissioner Masden, Mr. Bueno stated he needed two months.
Responding to Commissioner Jerke, Mr. Bueno stated the tenants had just moved out last week
and they still have more items to remove. Responding to Commissioner Vaad, Mr. Bueno stated
the dogs belong to him;there has been trespassing and theft and the dogs are there for protection.
The dogs only bark when there is someone around. There are no dogs inside. Responding to
Commissioner Masden,the small trailer is still in good condition and he is planning to move it. The
prior tenants were using it for storage.
Commissioner Vaad moved to refer VI #0100216 against Dewitt and Rose Emerling, Cornelio
Bueno, and Phyllis Norwood to the County Attorney for legal action, with the instruction to delay
action upon such referral until November 9, 2003, to allow adequate time to clean up the
noncommercial junkyard and remove or demolish the derelict mobile home. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
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VI#0300106-LOHMANN: 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 29-3-10 of
the Weld County Code. To bring the property into compliance a building permit must be obtained
and all inspections completed.
Ms.Gregory stated the property owner has had two prior Building Permits which have expired. Ms.
Gregory spoke with Mr.Lohmann on September 8,2003,and he is unable to complete this project.
Planning Staff recommends this case be dismissed. Mr. Lohmann is aware that he must obtain a
new Building Permit when he is able to continue this project. Neither the property owner nor a
representative was present. There was no public testimony given.
Commissioner Jerke moved to dismiss VI #0300106 against Larry Lohmann. The motion was
seconded by Commissioner Vaad, and it carried unanimously.
VI #0300052 -MASTERSSON CONSTRUCTION MANAGEMENT, INC: 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, a new permit
must be obtained, all inspections completed, and a Certificate of Occupancy issued.
Ms.Gregory recommended this case be referred back to the Department of Planning Services due
to a new building application submitted on September 5, 2003. Mr. Miles, owner of Mastersson
Construction,is working with the Department of Planning Services on other issues connected with
this case. Neither the property owner nor a representative was present. There was no public
testimony given.
Commissioner Vaad moved to refer VI#0300052 against Mastersson Construction Management,
Inc., back to the Department of Planning Services. The motion was seconded by Commissioner
Jerke, and it carried unanimously.
VI #0300134 - SCHLICHENMAYER: Ms. Gregory 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 29-3-320 of
the Weld County Code. To bring the property into compliance all necessary inspections must be
completed and the Building Permit must have final approval.
Ms.Gregory stated Fred Otis,representative for Loyd and Sheila Schlichenmayer,submitted a Use
by Special Review Application on September 8, 2003.
Ms. Gregory recommends that this case be continued for 30 days to complete the paperwork.
Neither the property owner nor a representative was present. There was no public testimony given.
Commissioner Vaad moved to continue VI#0300134 against Loyd and Sheila Schlichenmayer until
October 14, 2003, to allow adequate time for the Use by Special Review Application to be
completed. The motion was seconded by Commissioner Jerke, 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-way.
Hearing Certification, Zoning Violations
September 9, 2003 2003-2687
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Ms. Salzman stated she has not been able to contact Mr. Early or confirm whether he is
incarcerated. Ms. Salzman recommended this case be continued for 30 days to allow adequate
time for staff to notify the property owner of the violation hearing. Neither the property owner nor a
representative was present. There was no public testimony given.
Commissioner Vaad moved to continue VI#0300090 against Ross Early until October 14, 2003,
to allow adequate time for staff to notify the property owner of the violation hearing. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
VI#0000097-TORREZ: 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 the business must
be permitted through a Use by Special Review for a Home Occupation or Home Business, or be
removed.
Ms. Salzman recommended the property owner be given 30 days to apply for a Use by Special
Review for a Home Occupation or,if the Board of Commissioners feels that this does not meet the
intent of the Home Occupation, to delay action for 60 days to remove the business from the
property.
LarryTorrez,property owner,stated he will remove the empty tank that held liquid fertilizer from the
site because a new tank was installed inside one of the buildings. Mr. Torrez stated he has one
employee who walks to work,therefore,there are no vehicles in the area,the property is maintained,
he would like to continue to operate his lawn service business from that site,and he is willing to do
whatever it takes to do so.
Responding to Commissioner Vaad, Bruce Barker, County Attorney, stated the intention of the
Home Occupation is to minimize the disruption that occurs in the neighborhood. Because the
employee walks to work, therefore eliminating any parked vehicles and the occupation is taking
place inside the home, that part of the violation is taken care of.
Commissioner Vaad moved to refer VI#0000097 against Larry and Beverly Torrez to the County
Attorneyfor legal action,with the instruction to delay action upon such referral until October 9, 2003,
to allow adequate time to submit the Use by Special Review for Home Occupation or Home
Business application. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0100204 - FOSS/FOSS TRUST: 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 the
noncommercial junkyard must be restored,removed or screened from all adjacent properties and
public rights-of-way. A Use by Special Review application must be submitted.
Ms.Salzman stated staff has received the certificates of mailing;however,they have not been able
to personally contact Toby Foss. Ms. Salzman recommended this case be referred to the County
Attorney's Office for immediate legal action. Neither the property owners nor a representative was
present. There was no public testimony given.
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September 9, 2003 2003-2687
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Commissioner Vaad moved to referVI#0100204 against Toby and John Foss Trust to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Jerke, and it
carried unanimously.
VI#0300098-ELIA: Ms.Salzman presented the case reportforthe 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 the Weld County Code. To bring the property into compliance the
noncommercial junkyard must be removed,restored,or screened from all adjacent properties and
public rights-of-way. The garage cannot be used as a residence and must be returned to its original
use or a Planned Unit Development application must be submitted.
Ms. Salzman stated Ms. Elia is out of the state and has requested this case be continued for 30
days to allow adequate time for the property owner to clean up the property and submit a Planned
Unit Development application to the Department of Planning Services. Neither the property owner
nor a representative was present. There was no public testimony given.
Commissioner Jerke moved to continue VI#0300098 against Dorothy Elia until October 14,2003,
to allow adequate time for the property owner to clean up the property and submit a Planned Unit
Development application. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
VI#0300076-CITIFINANCIAL MORTGAGE/WHEELER REALITY: 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, and 29-3-60 the Weld County Code. To bring the property into
compliance the noncommercial junkyard must be removed,restored or screened from all adjacent
properties and public rights-of-way. The dilapidated condition of the structures on the site must be
addressed through restoration, demolition or abatement.
Responding to Commissioner Jerke,Ms.Salzman stated that someone from the Denver Museum
was interested in buying the property and was planning to attend. Neither the property owner nor
a representative was present. There was no public testimony given.
Commissioner Vaad moved to refer VI #0300076 against CitiFinancial Mortgage and Wheeler
Realty, to the County Attorney for immediate legal action. The motion was seconded by
Commissioner Jerke,with the addition that the County Attorney will need to address the historical
nature of this property,and ensure the buildings that need to be preserved are protected. Mr.Barker
stated we need to distinguish between cleaning up the property and the noncommercial junkyard,
and taking care of the buildings. Because of a public safety issue with the buildings, they either
need to be boarded up or make sure no one enters. An abatement process can be done
immediately without having to get a judgement from the Courts. Commissioner Jerke requested
that the County Attorney inform Colorado Historical Society,or the Black History Society, what the
legal aspects are on this property.
(Clerk's Note:) After the Hearing, Denver Norman, representative for the Black America West
Museum and Heritage Center,arrived and the Board re-opened the case to allow his testimony in
consideration of this matter. Mr.Norman has been working with the Dearfield project for the last four
to five years. The Black America West Museum is interested in acquiring the area for preservation
purposes. They would like to do what they can to help,such as take over the security and apply for
Hearing Certification, Zoning Violations
September 9, 2003 2003-2687
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grants to preserve what is there. Responding to Commissioner Masden, Mr. Norman stated they
would clean up the properties and work out the costs with the property owners. They would be
willing to board up windows and doors on the buildings for security purposes. Mr. Barker stated a
letter of permission to go onto the property would be needed through Wheeler Realty.
Commissioner Vaad withdrew his previous motion and moved to change the motion to refer
VI#0300076 against CitiFinancial Mortgage and Wheeler Realty to the County Attorney for legal
action, with the instruction to delay action upon such referral until December 9, 2003, to allow
adequate time to remove the noncommercial junkyard,and the dilapidated structures be restored
or addressed through abatement. The motion was seconded by Commissioner Jerke,and it carried
unanimously.
This Certification was approved on the 15th day of September, 2003.
APPROVED: �/,/�,����
ATTEST` ude/4 /v BOARD OF COUNTY COMMISSIONERS
SII WELD COUNTY, COLORADO
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Md , Chair
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® �� Robert D. Masden, Pro-Tem
04(VI) EXCUSED
M. J. Geile
Willia H. Jerke
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Glenn Vaad
Hearing Certification, Zoning Violations
September 9, 2003 2003-2687
Page 5 PL0824
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