HomeMy WebLinkAbout20030455.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on February 11, 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 - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Donna Bechler
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
Planning Department representative, Wendi Inloes
Planning Department representative, Jeff Reif
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#0200691 -STUART: 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,
23-3-20.P,23-3-30,23-4-140,23-4-180,23-4-180.A.1,and 23-4-180.A.2 of the Weld County Code.
To bring the property into compliance, the property owner must remove the single mobile home
being used for storage, and at the discretion of the Board of County Commissioners, ZPMH#2191
must be renewed as a Medical Hardship, or the double-wide mobile home must also be removed
from the property. Ms. Salzman stated the double-wide mobile home was previously approved for
a Medical Hardship; however, earlier this year, staff received a complaint that the home was being
rented. The original Recorded Exemption stated the double-wide mobile home would need to be
removed from the property if it was used for any other reason than as a Medical Hardship for Mr.
Stuart's grandson, and the single mobile home was supposed to be removed at the time the
Recorded Exemption was approved.
Responding to Commissioner Geile, Wendi Inloes, Department of Planning Services, stated the
Medical Hardship was approved in May, 2000, for Mr. Stuart's grandson. She stated staff was in
the process of renewing the Medical Hardship when a complaint came in from the person renting
the mobile home.
Lawrence Stuart, property owner, stated his daughter and grandson moved into the double-wide
mobile home when they applied for the Medical Hardship. He stated his grandson is 24 years old
and has permanent disabilities. He further stated the mobile home is not used as a Medical
Hardship on a full time basis because his grandson works part-time at King Soopers and he lives
in town with his father when he is working. He further stated his grandson loves coming out to the
farm and he wants a place for his grandson to live for the rest of his life because he does not ever
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want him to have to live in a group home. Mr. Stuart explained the double-wide had been used as
a rental for a short period of time; however, he did not intend to continue using it for a rental. He
stated he met Debbie Bickford, tenant, at his church and she was being evicted from her home;
therefore, he allowed her to park her camper next to the barn. He gave them a key to use the
bathroom facilities, and informed them they would not be able to move into the mobile home;
however, during the time Mr. Stuart was in the hospital, Ms. Bickford's camper trailer was
repossessed, and they moved into the mobile home. Mr. Stuart stated he drew up a rental
agreement; however, he never received any rent money. Mr. Stuart also stated he was unable to
get rid of the single mobile home,and at one time the County sent him a letter stating he could use
it for storage as long as he paid the taxes.
Responding to Commissioner Geile, Ms. Salzman stated staff became aware Mr. Stuart was
renting out the mobile home which violated Medical Hardship ZPMH#2191,therefore,staff cannot
renew the application without the Board of Commissioners approval. She also stated Mr. Stuart
may have received a letter from the Assessor's Office stating he could pay taxes on the single
mobile home as a storage unit; however, it was not zoned for that purpose, and that use is no
longer allowed. Responding to Commissioner Vaad, Ms. Inloes stated staff assumed the single
mobile home had been removed at the time of the Recorded Exemption,therefore, Mr. Stuart must
apply for a six-month storage permit or remove it from the property. Responding to Chair Long,
Mr. Stuart stated he will remove the single mobile home.
Responding to Commissioner Geile, Mr. Stuart stated it is difficult to get medical updates for his
grandson. He stated his grandson will never improve and he presented the latest assessment
dated July 9,2001, marked Exhibit A,to the Board. Ms. Inloes stated staff has a more recent letter
from another doctor, dated February, 2002,that she will present to Bruce Barker, County Attorney.
She also stated yearly letters are required by staff stating the medical need.
Commissioner Vaad moved to certify the requirements fora Medical Hardship,under Zoning Permit
for a Mobile Home#2191, has been met, and to refer VI #0200691 against Lawrence Stuart to the
Weld County Attorney's Office for legal action,with an instruction to delay action upon such referral
until May 11, 2003, to allow adequate time for the property owner to remove the single mobile
home from the property. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI #0200448 -WORKMAN: Ms. Salzman presented the case report for the record and pursuant
to the case file,this property is in violation of Sections 23-3-20,23-3-20.P,23-4-140,23-4-160,and
29-7-10 of the Weld County Code. To bring the property into compliance, the illegal mobile home
must be removed or a Zoning Permit for a Mobile Home (Accessory to the Farm), and a Building
Permit must be submitted, and the Building Permit for the Principle Dwelling Unit must be finalized
or the permit will expire and a new permit, including higher fees, will need to be obtained. Ms.
Salzman stated she spoke with Mr. Workman, and he stated the Principle Dwelling Unit is ready
for final inspection, and he will call this week to arrange for the inspections. He also indicated he
would submit an Accessory to the Farm, Zoning Permit for a Mobile Home, and a Building Permit
for the second mobile home within 60 days. Responding to Commissioners Vaad and Masden, Ms.
Salzman stated staff can never be sure an application will be approved at the time it is submitted;
however, it must be submitted during the allowed time period,and it takes between 45 and 60 days
to process the application and approximately four months to complete.
Terry Workman, property owner, stated he neglected to follow up with the inspections on the
double-wide mobile home when they were due and apologized. He further stated everything is
Hearing Certification, Zoning Violations
February 11, 2003 2003-0455
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ready to be inspected and he will make arrangements to have the inspections completed during
the coming week. Mr. Workman stated the single mobile home has been used as an Accessory
to Farm since 1998, and they recently spent $7,000 to remodel it; however, they did not get the
proper permits to do so. Responding to Commissioner Masden, Mr. Workman stated the single
mobile home is still on Central Weld Water; however, a Well Permit has been obtained and the
home will be switched to well water.
Commissioner Geile moved to refer VI #0200448 against Terry Workman to the County Attorney
for legal action, with the instruction to delay action upon such referral until May 11, 2003, to allow
adequate time for the property owner to apply for the proper permits for the single mobile home
and have the final inspections completed on the modular home. The motion was seconded by
Commissioner Masden, and it carried unanimously.
VI#0200594-FUCHS: Ms. Salzman presented the case report for the record and pursuant to the
case file, the property is in violation of Sections 23-3-20, 23-3-20.A, 23-3-20.P,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
property owner must remove all mobile homes and must completely screen or remove the
noncommercial junkyard from all adjacent properties and public rights-of-way. Ms. Salzman stated
the property is located in the unincorporated Town of Deerfield and is adjacent to US Highway 34.
She stated several mobile homes showed up on the property and as a result, a Building Inspector
issued a stop work order,which was later recalled. Mr. Fuchs met with the Department of Planning
Services and an agreement was reached to demolish four of the mobile homes on the site and
move the remaining mobile homes to Wyoming or Nebraska. Mr. Fuchs was given until May 1,
2003, to complete the clean-up; however, Mr. Fuchs continued to bring in more mobile homes,
therefore, staff decided to bring the case before the Board. The Board viewed a video taken by
Ms. Salzman on February 10, 2003, showing nine single mobile homes, one double-wide mobile
home, two derelict vehicles, one truck, one van, hot water heaters, insulation, wood, trash, and
miscellaneous debris. Ms. Salzman started staff recommends sending the case to the County
Attorney for immediate action since the agreement with Mr. Fuchs was not followed. Responding
to Commissioner Geile, Ms. Salzman stated the number of mobile homes on the property is more
than when the agreement was made in October 21, 2002.
Donald Fuchs, property owner, stated he had a hard time finding someone to move the mobile
homes to Wyoming; therefore, his son has been trying to move approximately two of them each
month to his home in Casper. He further stated it is very expensive to demolish the mobile homes
and take them to a junkyard, therefore, he is planning to build four flatbed trailers out of the
salvaged parts, and will use them to clean up the property. Mr. Fuchs stated he plans to have the
cleanup completed by the original cleanup date of May 1, 2003, and then plans to move to Casper,
Wyoming. After much discussion regarding the property in violation, Ms. Salzman stated moving
the mobile homes onto the property requires a permit, and that is not an allowed use in the
unincorporated Town of Deerfield.
Commissioner Masden moved to refer VI#0200594 against Donald Fuchs to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Geile. Commissioner
Vaad stated his motion would have been to turn the case over to the County Attorney, with an
instruction to delay action for 90 days, with the condition that the land be completely cleaned up
at that time. Responding to Commissioner Vaad, Mr. Barker stated if the case is turned over to the
County Attorney, it will take approximately one month to serve the papers to Mr. Fuchs, and then
he will have another 20 days to respond. He further stated it will take approximately 60 days to get
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February 11, 2003 2003-0455
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a trial date set. Commissioner Vaad stated with that information, he is prepared to support the
motion. The motion was carried unanimously.
VI #0200358 -SULLIVAN: Ms. Salzman presented the case report for the record and pursuant to
the case file, the 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 property owner must remove or
completely screen the noncommercial junkyard consisting of derelict vehicles, couches,furniture,
mattresses, and miscellaneous debris from all adjacent properties and public rights-of-way. Ms.
Salzman stated she visually inspected the property on February 10, 2003, and most of the debris
has been cleaned up. She further stated Mr. Sullivan has evicted the tenant and is currently in the
process of remodeling the inside of the home. The vehicles were left on the property by the tenant;
therefore, Mr. Sullivan is in the process of applying for a title. As a result of his continued progress
and good faith, staff is recommending the case be turned over to the County Attorney with a delay
of action for 60 days so Mr. Sullivan has time to go through the title process. Neither the property
owner nor a representative was present. There was no public testimony given.
Commissioner Vaad moved to refer VI #0200358 against Donald Sullivan to the County Attorney
for legal action, with the instruction to delay action upon such referral until April 11, 2003, to allow
adequate time for Mr. Sullivan to complete the cleanup and title process for the vehicle. The
motion was seconded by Commissioner Masden, and it carried unanimously.
This Certification was approved on the 19th day of February, 2003.
n APPROVED:
4 ATTEST: , BOARD OF COUNTY COMMISSIONERS
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Hearing Certification, Zoning Violations
February 11, 2003 2003-0455
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