HomeMy WebLinkAbout20033363.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on December 9, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
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 #02000652 - SALVADOR: 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
29-8-40 of the Weld County Code. To bring the property into compliance, the final inspections
must be completed and a Certificate of Occupancy issued on the mobile home. Ms. Gregory stated
the original permit was issued for a mobile home and garage; however, the garage has not been
started. She further stated staff sent the owners a letter regarding amending the permit to exclude
the garage; however, there has been no response. Neither the property owners nor a
representative was present. There was no public testimony given.
Commissioner Vaad moved to refer VI #02000652 against Steven and Pamela Salvador to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Jerke,
and it carried unanimously.
VI #0300038 - WARDELL: 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.F, 23-3-40 and 23-3-40.L of the Weld County Code. To bring the
property into compliance,the mobile home must be removed or permitted through a Use by Special
Review. Ms. Salzman stated the mobile home was on the property as an Accessory to the Farm
at the time of the Recorded Exemption; however, it no longer qualifies because the son who
presently lives in the mobile home, only works 20 hours a week on the farm. She further stated
Mr. Wardell has agreed to complete a Use by Special Review Application, therefore, staff
recommends allowing him 60 days to complete the application process.
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Tracy Wardell, property owner, stated since he is unable to make any changes to the Recorded
Exemption, he believes the Use by Special Review is his best option. He stated he will need to
decide whether to apply for the Use by Special Review Permit or remove the mobile home.
Commissioner Geile moved to refer VI#0300038 against Tracy and Kareen Wardell to the County
Attorney for legal action, with the instruction to delay action upon such referral until February 9,
2004, to allow adequate time for the property owner to submit a Use by Special Review Permit or
remove the mobile home. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI#0000084-FORTE: 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 property owner shall restore, remove, or
completely screen the noncommercial junkyard from all adjacent properties and public
rights-of-way. Ms. Salzman stated she did a visual inspection on the property yesterday and there
are still a few derelict vehicles on the property and the noncommercial junkyard still needs to be
screened. Responding to Commissioner Vaad,Ms.Salzman explained a County clean-up day took
place on March 1, 2004, and after that violations were issued to the property owners who failed
to clean up their property.
Gregory Forte, property owner, stated he plans to restore the car and will chop up the wood when
he can; however, he cannot afford to license the motor home at this time, and responding to
Commissioner Vaad, stated it will be three months before he can buy the license. Ms. Salzman
stated staff would not be opposed to delaying action for 90 days.
Commissioner Vaad moved to refer VI#0000084 against Gregory and Belinda Forte to the County
Attorney for legal action,with the instruction to delay action upon such referral until March 9, 2004,
to allow adequate time for Mr. Forte to clean up the property and license the motor home. The
motion was seconded by Commissioner Geile, and it carried unanimously.
VI #0000083 -JENSEN: 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-way.
Ms. Salzman stated she did a site inspection on December 8, 2003, and the property owners have
installed a fence around the derelict vehicles and are no longer in violation. Neither the property
owner nor a representative was present. There was no public testimony given.
Commissioner Jerke moved to dismiss VI#0000083 against Teddy and Joyce Jensen. The motion
was seconded by Commissioner Vaad, and it carried unanimously.
VI #0000031 - JENKINS: 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 property owner must restore, remove or
completely screen the noncommercial junkyard from all adjacent properties and public
rights-of-way. Ms. Salzman stated that upon a visual inspection of the site on December 8, 2003,
Hearing Certification, Zoning Violations
December 9, 2003 2003-3363
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all the derelict vehicles have been licensed and there is no longer a violation. Neither the property
owners nor a representative was present. There was no public testimony given.
Commissioner Geile moved to dismiss VI #0000031 against Ronald and Kathryn Jenkins. The
motion was seconded by Commissioner Vaad, and it carried unanimously.
VI #0300126 - SANCHEZ: Ms. 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-way. Ms. Salzman stated the property owners have put up a nice
fence; however; upon her site inspection on December 8, 2003, there were still several items that
were not behind the fence. She stated the property owners have been very cooperative, and staff
would recommend a 90 day delay of action due to the property owner's health issues and the
holidays. Neither the property owners nor a representative was present. There was no public
testimony given.
Commissioner Vaad moved to refer VI#0300126 against Arthur and Gloria Sanchez to the County
Attorney for legal action,with the instruction to delay action upon such referral until March 9, 2004,
to allow adequate time for property owners to place the remaining items behind the screening. The
motion was seconded by Commissioner Jerke, and it carried unanimously.
VI#0000030-PATTERSON: Ms. Salzman presented the case report for the record and pursuant
to the case record, 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 property owner must restore,
remove or completely screen the noncommercial junkyard from all adjacent properties and public
rights-of-way. Ms. Salzman stated the property owner has made substantial progress on the
property; however, there is still one derelict car in the driveway and some debris on the property.
Staff has been unable to obtain a phone number to contact the property owners. Neither the
property owners nor a representative was present. There was no public testimony given.
Commissioner Jerke moved to refer VI#0000030 against Debbie Patterson to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
VI #0000035 - PETRAS: 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 property owner must remove, restore, or
completely screen the noncommercial junkyard from all adjacent properties and public
rights-of-way. Ms. Salzman stated she did a site inspection on December 8,2003,and the property
owners have cleaned up the property and the derelict vehicles have been licensed. Neither the
property owner nor a representative was present. There was no public testimony given.
Commissioner Geile moved to dismiss VI#0000035 against James and Wendi Petras. The motion
was seconded by Commissioner Jerke, and it carried unanimously.
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VI #0000036 - DEVISSER: Ms. 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.D, 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 owners must restore, remove or completely screen the
noncommercial junkyard and the herbal business must be permitted through a Home Occupation,
or if expanded, submit a Use by Special Review application. Ms. Salzman stated the property
owners have submitted the Home Occupation application and have cleaned up the noncommercial
junkyard, therefore, staff recommends the case be referred back to the Department of Planning
Services to process the application. Neither the property owner nor a representative was present.
There was no public testimony given.
Commissioner Geile moved to refer VI #0000036 against Phillip and Julie Devisser back to the
Department of Planning Services to process the Home Occupation. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
VI#0000095-ADAMS: 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 property owner must restore, remove or
completely screen the noncommercial junkyard from all adjacent properties and public
rights-of-way, and finalize the two outstanding building permits. Ms. Salzman stated some
screening has been completed, a few more items need to be placed behind the screening, and
they are in the process of trying to finalize the Building Permits. Neither the property owner nor a
representative was present. There was no public testimony given.
Commissioner Vaad moved to refer VI #0000095 against John Adams to the County Attorney for
legal action, with the instruction to delay action upon such referral until January 9, 2004, to allow
adequate time for the property owners to completely screen the noncommercial junkyard and
finalize the Building Permits. The motion was seconded by Commissioner Geile, and it carried
unanimously.
Hearing Certification, Zoning Violations
December 9, 2003 2003-3363
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This Certification was approved on the 15th day of December, 2003.
APPROVED:
ATTEST: / 4 44-a
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.� David E. Long, Chair
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William H. Jerke
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Hearing Certification, Zoning Violations
December 9, 2003 2003-3363
Page 5 PL0824
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