HomeMy WebLinkAbout20031228.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on May 13, 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, Sharon Kahl
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
Planning Department representative, Wendi Inloes
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#0100236-DEZELL/DEZELL: 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
23-2-150, 23-2-150.L, 23-3-230, 23-3-230.B, 23-3-230.8.4, 23-3-230.8.7, and 23-3-230.E, and
Chapter 26 of the Weld County Code. To bring the property into compliance,the Site Plan Review
process must be completed.
Mike Dezell, property owner stated that he had a professional landscape drawing done for the front
of the building, and he will submit it within one week for review.
Responding to Commissioner Geile, Ms. Salzman stated the initial complaint was received in 2001,
and there is various correspondence in the file relating to the car sales lot and sheds, which are
visible from Highway 119.
There was no public testimony given.
Commissioner Geile moved to refer VI #0100236 against Duane Dezell and Mike Dezell to the
County Attorney for legal action, with the instruction to delay action upon such referral until June
13, 2003, to allow adequate time for the property owner to bring the property into compliance. The
motion was seconded by Commissioner Vaad, and it carried unanimously.
VI#0300060 -LEHNERT/JLR DRYWALL: Ms. Salzman presented the case report for the record
and stated that the properties in VI#0300060 and VI#0300062 are adjacent to each other and share
the same tenant, JLR Drywall Supply, LLC. Bruce Barker, County Attorney, stated they can be
heard together. The property owner is Monrico and Althea Lehnert for VI#0300060, and JLR
Drywall Supply, LLC, for VI#0300062. The Lehnert property is in violation of Sections 23-3-210,
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and 23-3-210.6, and 23-3-210.6.1, 23-3-210.C, 23-3-210.C.1, 23-3-210.C.2, 23-3-210.C.3, 23-3-
210.D, 23-3-210.D.4, and 23-3-210.E of the Weld County Code; and to bring it into compliance,
the property owner must apply for any necessary permits or remove the business equipment and
supplies from the property.
Ms. Salzman stated that JLR Drywall has another property located in the County, to which they are
moving, with all their equipment and supplies. They have requested a 90-day extension to allow
time for receiving approval from the municipality, construction of a new facility, and moving to the
new location. Responding to Commissioner Geile, Ms.Salzman stated the majority of the business
in located on VI#0300060, although there is some equipment and supplies on VI#0300062.
Monrico Lehnert, property owner, stated there is material piled up that should be covered. He has
been told JLR Drywall is ready to move off the property, since their lease expires June 1, 2003;
however, if allowed a 90-day extension to August 15, 2003, he will extend the lease to that date.
Mr. Lehnert also stated the building will also be removed.
Ms. Salzman responded to Commissioner Geile that the Lehnert property is in the C-1
(Commercial) Zone District and the JLR Drywall property is A (Agricutural) Zone District.
Commissioner Vaad questioned why a 90-day extension should be given if it can be resolved prior
to that. Ms. Salzman stated that all parties have agreed that 90 days would be adequate time to
totally resolve both violations. Mr. Barker responded to Commissioner Geile that if the issue is not
resolved in 90 days, the County Attorney would pursue action against the property owner and not
JLR Drywall.
Andy Jaramillo, owner of JLR Drywall Supply, Inc., stated that prior to buying this property, he
contacted most of the surrounding property owners and asked if there would be a problem with
them locating in this area. With no one stating opposition to his plans, he purchased the property
with the intention of constructing a building on it. Since that time he has received numerous
complaints; therefore, he decided to buy property elsewhere. Mr. Jaramillo stated the major
violation is the concrete steel, which will be moved as soon as the fencing is installed at the new
site. Although the equipment will also be moved to the other property, Mr.Jaramillo stated the store
will take more time to remove, since it is still in use; however, 90 days will allow adequate time for
both properties to be vacated. Responding to Commissioner Geile, Mr. Jaramillo stated the new
site is located in a different municipality and is not under Weld County's jurisdiction. Responding
to Commissioner Jerke, Mr. Jarmillo reiterated 90 days is enough time to get everything out.
Bill Wolf, surrounding property owner, stated he would like the Commissioners to limit the use of
these properties to businesses that are compatible to the community. He stated this is a warehouse
operation which does not service the residents of the community; it is an eyesore, and the use would
be better suited in an industrial park setting. Mr. Wolf stated the neighbors would like to have the
use of the properties limited to professional business or office use, which would operate between
the hours of 8:00 a.m. and 5:00 p.m. Responding to Commissioner Geile, Mr. Wolf stated they are
in the process of negotiating an annexation agreement with the City of Greeley, which may be
approved within the year.
Hearing Certification, Zoning Violations
May 13, 2003 2003-1228
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Jill Montgomery,surrounding property owner,stated she is not opposed to Mr.Jaramillo's requested
extension since he has tried to work with the neighborhood and it would be fair to allow him to get
the business moved. She stated she is concerned about other uses being allowed at this location,
which will not meet the needs of the neighborhood.
Linda Ackins, surrounding property owner, stated concerns regarding traffic going north from the
stop light, which needs the speed reduced and, possibly a right-turn lane.
Commissioner Vaad stated the Board does not have the authority to restrict C-1 Zoning other then
to that which is allowed, and he moved to refer VI #0300060 and VI#0300062 against Monrico and
Althea Lehnert and JLR Drywall Supply, LLC, to the County Attorney for legal action, with the
instruction to delay action upon such referral until August 13, 2003, to allow adequate time for the
business to be relocated to a different site. The motion was seconded by Commissioner Geile, and
it carried unanimously.
VI #0300062 - JLR DRYWALL SUPPLY, LLC: 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, 23-3-30, 23-3-
40, and 23-3-40.R of the Weld County Code. To bring the property into compliance, the property
owner must apply for any necessary permits or move the business equipment and supplies from the
property. (This case was heard with VI#0300060.)
VI #0000138 - ULRICH/SPILLMAN : 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, 23-3-30, 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.
Additionally,the derelict mobile home must be repaired or removed from the property. Ms. Salzman
stated that they have had no contact with the property owner other then receiving back the certified
mailing receipt. Therefore, staff requests this case be referred to the County Attorney's Office for
legal action. Ms. Salzman referred to the pictures of the property in the case file. Responding to
Commissioner Jerke, Ms. Salzman stated that there are empty corrals; however, the original
complaint included the number of dogs on the property. She stated the property currently is vacant.
Neither the property owner nor a representative was present. No public testimony was given.
Commissioner Geile moved to refer VI #0000138 against the Randy W. Ulrich Disability Trust, do
Flora Spillman be referred to the County Attorney for immediate legal action. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
VI#0200316 -LEMAY : Ms. Salzman presented the case report for the record and pursuant to the
case file, the property is in violation of Sections 23-3-20,23-3-30, 23-3-30.1,23-3-40, 23-3-40.G and
23-3-40.H 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; the number of dogs must be reduced to 4 (four)or a Use by Special Review Permit
must be obtained from the Department of Planning Services; and the derelict mobile home, which
is permitted by ZPMH-1099 as a storage unit, must be repaired or removed from the property. Ms.
Salzman stated that upon inspection on May 12, 2003, the property has made great progress;
however, there are two vehicles remaining on the property, and a bit of debris around the house.
Responding to Commissioner Geile, Ms. Salzman stated the derelict mobile home and the camper
trailer appear to be used as storage units, and no one appears to be living in the mobile home. Ms.
Salzman showed a video of the property, filmed on May 12, 2003.
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May 13, 2003 2003-1228
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Leslie Lemay,Victoria Lemay's son,stated the camper is a full working camper which he uses when
he travels for works. He stated no one is currently living in it.
Ms. Lemay stated that the mobile home is used for storage and is not visible from the street, and the
windows and doors have been replaced. Responding to Commissioner Vaad, Ms. Lemay stated 60
days would be enough time to bring the property into compliance, and she stated they are putting
an addition onto the mobile home. She stated a Septic Permit was needed prior to the Building
Permit and, responding to Commissioner Geile, Ms. Lemay stated the proper Building Permit is in
place for the addition.
Commissioner Vaad moved to refer VI#0200316 against Victoria Lemay to the County Attorney for
legal action, with the instruction to delay action upon such referral until July 13, 2003. The motion
was seconded by Commissioner Jerke, and it carried unanimously.
VI#0300070 -THOMPSON/ROSALES: 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, 23-3-30, 23-03-30.1,
23-4-140, 23-4-180, and 29-3-10 of the Weld County Code. To bring the property into compliance,
the camper/trailer/recreational vehicle shall be abated as a dwelling unit,the second structure shall
be abated as a dwelling unit, the remaining structure shall be repaired to habitable standards, and
the tires shall be removed or screened from all adjacent properties and public rights-of-ways.
Venetta Rosales stated she represents Myrtle Thompson, property owner. She said Ms.Thompson
has lived in the trailer for approximately 20 years, and they have installed a septic system and
cleaned up the trailer. She said the house has been boarded up and they will pick up the trash on
the property. Responding to Commissioner Geile, Ms. Rosales stated there are 156 acres on the
property, and Ms. Thompson owns another parcel, for a total of approximately 320 acres. Ms.
Rosales stated Ms.Thompson leases part of the land for farming,she has cattle on pasture; and her
son works for Ms. Thompson. Ms. Rosales also stated Social Services was concerned with health
issues through its Adult Protection Division, and the septic system was installed to replace an
outhouse. Ms. Rosales stated she lives about five miles from Ms. Thompson, and she or her son
checks on her everyday. She stated her son plans to move into the main house after plumbing has
been installed, to act as a care giver, and one month is requested to complete the remodeling.
Responding to Commissioner Geile, Ms. Salzman stated they will need a Building Permit to
complete the remodeling.
Responding to Commissioner Jerke, Ms. Rosales stated that Myrtle is 87 years old, and she is not
related to her, although they have known each other for about ten years.
Nellie Belgen, Ms. Thompson's sister, stated that Ms. Thompson needs to remain in a farming or
ranching environment, which she has lived in for her entire life. Ms. Belgen stated Ms. Thompson
considers her pets and livestock as part of her family, and her health is worsening. Although she
does not have the resources to make a lot of changes to the property, Ms. Belgen presented a
petition, marked Exhibit A, from surrounding property owners, neighbors, and family members
supporting Ms. Thompson being allowed to stay in the trailer as long as needed.
Responding to Commissioner Jerke, Wendi Inloes, Department of Planning Services, stated a
Medical Hardship would have to be approved to allow annual followup, and Mr. Barker stated the
problem with a Medical Hardship is the definition of a mobile home. He recommended that, since
Hearing Certification, Zoning Violations
May 13, 2003 2003-1228
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she is only going to be there for a short period of time, that the Board let the violation continue, with
the understanding that when she is no longer in residence, the trailer would have to be moved. Ms.
Inloes stated staffs main concerns is the outhouse; however, Ms. Rosales stated that it is a
Port-A-Potty, which is not being used at this time. Responding to Commissioners Vaad, Ms.
Rosales stated she does not know about the tires; however, she will check to see if they are used
to cover silage and if not, she will remove them.
Commissioner Jerke moved to refer VI#0300070 to the County Attorney's Office for delayed action
until Mrs. Thompson no longer occupies the trailer. The motion was seconded by Commissioner
Vaad, and it carried unanimously.
This Certification was approved on the 19th day of May, 2003.
APPROVED:
ATTEST: / /� e, BO RD OF COUNTY COMMISSIONERS
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Hearing Certification, Zoning Violations
May 13, 2003 2003-1228
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