HomeMy WebLinkAbout20031770.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on July 8, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair- EXCUSED
Commissioner Robert D. Masden, Pro-Tern
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Donna Bechler
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 #0100374 - THE MEADOWS MOBILE HOME PARK/BRANDT: 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 the inspections
must be completed and a Certificate of Occupancy issued. Ms. Gregory stated staff has attempted
to inspect the property several times; however, no one was at the site until this morning. Staff was
unable to issue a Certificate of Occupancy because the steps and landing were not finished,
therefore, the Department of Planning Services is requesting the case be referred to the County
Attorney with a delay of 30 days, to allow the property owners enough time to finish the project.
Neither the property owner nor a representative was present. There was no public testimony given.
Commissioner Vaad moved to refer VI#0100374 against The Meadows Mobile Home Park/Brandt
to the County Attorney for legal action, with the instruction to delay action upon such referral until
August 8, 2003, to allow adequate time for the property owners to complete the steps and landing
and for staff to issue the Certificate of Occupancy. The motion was seconded by Commissioner
Jerke, and it carried unanimously.
VI #0300023 -STAR PROMOTIONS: Ms. Gregory 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,a final electric inspection must be completed and approved. Responding
to Commissioner Geile, Ms. Gregory stated the property is not residential, therefore, no one is
living there; however, people are working at the business. Responding to Commissioner Vaad,she
stated a registered receipt informing Star Promotions of today's violation hearing was received by
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the Department of Planning Services. Neither the property owners nor a representative was
present. There was no public testimony given.
Commissioner Geile moved to refer VI#0300023 against Star Promotions to the County Attorney
for immediate action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0300075 - MAURICIO: Ms. Gregory 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, inspections must be completed and a Certificate of Occupancy issued. Responding
to Commissioner Masden, Ms. Gregory stated the property owner was issued a Building Permit in
2000; however, no one has been on the site for final inspections and they have not received any
responses from Mr. Mauricio. Commissioner Vaad commented that it is very time consuming and
expensive to turn the cases over to the County Attorney and he believes staff needs to do
everything possible to talk to the owners face to face or make a phone call to inform them of the
violation hearing and explain the violation letter to them. Ms. Gregory stated lots of people respond
to the first letter; however, she will try to personally contact the property owners the week prior to
the violation hearing to remind them of the hearing. Bruce Barker, County Attorney, stated when
the cases are turned over to the County Attorney's Office, letters are sent to the property owners
to see if they will comply before the case is filed with the courts. He stated in this case, he will send
Mr. Mauricio a letter immediately, and may try to personally contact him. Commissioner Vaad
further commented that staff needs to be concerned about their personal safety when deciding if
they should go out and talk to the property owners. Neither the property owners nor a
representative was present. There was no public testimony given.
Commissioner Vaad moved to refer VI #0300075 against Jorge Mauricio to the County Attorney
for immediate action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI#0200612 - FERRY/HAISLIP: Bethany Salzman, Department of Planning Services, presented
the case report for the record and stated she did a visual inspection of the property on July 7, 2003,
and the property has been screened,therefore, staff recommends the case be dismissed. Neither
the property owner nor a representative was present. There was no public testimony given.
Commissioner Jerke moved to dismiss VI#0200612 against Edna Ferry and Roberta Haislip. The
motion was seconded by Commissioner Vaad, and it carried unanimously.
VI#0200397 -PACHECO: 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, 23-3-30, 23-3-30.1,
23-4-140, 29-7-10, and 29-7-130 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-way, and the mobile home must be permitted or removed from the
property. Ms. Salzman used the overhead projector to show the site on an ariel map. She stated
the mobile home on the property does not have a permit,and upon a visual inspection July 7,2003,
there is activity occurring on the site. Ms. Salzman stated Mr. Pacheco made an attempt to get a
Zoning Permit for a Mobile Home yesterday so he could use the mobile home as a Principle
Hearing Certification, Zoning Violations
July 8, 2003 2003-1770
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Dwelling Unit; however,the paperwork was not filled out. Responding to Commissioner Geile, Ms.
Salzman stated the violation began in 2000, when the property owners applied for a Temporary
Storage Permit for six (6) months and it turned into a violation. Neither the property owners nor
a representative was present. There was no public testimony given.
Commissioner Vaad moved to refer VI#0200397 against Eledelma Pacheco to the County Attorney
for immediate action. The motion was seconded by Commissioner Geile, and it carried
unanimously.
VI #0300042 - HOLLOWAY/HOLLOWAY: 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 commercial
trucking operation must be removed from the property or a Use by Special Review application must
be submitted to the Department of Planning Services. Ms. Salzman showed an aerial map of the
site and pictures of the property. She further stated the property owners have attempted to submit
an application fora Use by Special Review; however,the application is missing the mineral owners.
There have been consistent complaints about the diesel fuel odor and the trucking business taking
place on the site. Responding to Commissioner Geile, Ms. Salzman stated the property is well
maintained and the trucks are located at the back of the property. Responding to Commissioner
Jerke, Ms. Salzman stated the property owners are working with a law firm and it may take 90
days or longer to contact the mineral owners because of the firms workload.
Hershel Holloway, property owner, stated he operates a disposal business which is located one
mile from the property. He stated he bought the property a year and a half ago and at that time
understood he could park his trucks on the property. Mr. Holloway stated he parks the trucks in
a row along the back of the property after the disposal closes at 10:00 p.m. He further stated he
has been talking to his neighbors and they are not opposed to his business because there are
numerous trucking firms in the area. Commissioner Jerke commented the property is zoned
Agricultural and Mr. Holloway will need a Use by Special Review Permit before he can use the
property for a business. In addition, Commissioner Vaad commented that he appreciates the fact
Mr. Holloway is talking with his neighbors before the Use by Special Review comes before the
Board.
Peggy Cohens, surrounding property owner, stated she lives across the road from the property
owners and they have not talked to her about the business. She stated she has issues with the
dust, traffic safety because of the large number of children in the area, and she is allergic to the
diesel fumes. Ms. Cohens stated several neighbors have sold their homes because of the trucking
firm moving into the area. Commissioner Vaad stated Ms. Cohen needs to attend the Use by
Special Review hearing if she has concerns about the business in the area because the purpose
of this meeting is the violation at hand.
Becky Holloway, property owner, stated there are also cattle trucks and oil companies that have
trucks on the roads. Responding to Commissioner Jerke, she stated Weld County Road 48 is not
paved and Weld County Road 53 is paved.
Hearing Certification, Zoning Violations
July 8, 2003 2003-1770
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Commissioner Geile moved to refer VI #0300042 against Becky Holloway and Herschel Holloway
to the County Attorney for legal action, with the instruction to delay action upon such referral until
November 8, 2003, to allow adequate time for the property owners to apply for a Use by Special
Review Permit and allow the process to move through the system. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
VI#0300013-THYNE: 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, 23-4-130, 23-4-140, and
23-4-150 of the Weld County Code. To bring the property into compliance, the property owner
must obtain a Zoning Permit for a Temporary During Construction and a building permit for a
Principle Dwelling Unit or the recreational vehicle/camper-trailer must be abated as a dwelling unit.
Ms. Salzman stated the Department of Planning Services and the Department of Public Health and
Environment have received numerous complaints; however, the Department of Public Health and
Environment has been unable to substantiate the complaints. Responding to Commissioner Geile,
Ms. Salzman stated there are no water or septic hookups; however,the owner lives on the property
and refuses to respond to their letters. Ms. Salzman further stated the Department of Planning
Services has placed a hold on the property owner's electric permit until the violation is taken care
of.
Commissioner Geile moved to refer VI #0300013 against Ted Thyne to the County Attorney for
immediate action. The motion was seconded by Commissioner Jerke, and it carried unanimously.
This Certification was approved on the 14th day of July, 2003.
APPROVED:
ATTEST: ,a„_�oS BOARD OF COUNTY COMMISSIONERS
`1 WELD COUNTY, COLORADO
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the Board
%J 4, Robert D. Masden, Pro-Tem
®+s/' yr EXCUSED DATE OF APPROVAL
M. J. Geile
EXCUSED DATE OF APPROVAL
Willia Jer
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Glenn Vaad
Hearing Certification, Zoning Violations
July 8, 2003 2003-1770
Page 4 PL0824
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