HomeMy WebLinkAbout20030672.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on March 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
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
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#0200269-BUNTING: 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.D, 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 property must remove, restore, or completely screen the
noncommercial junkyard consisting of truck frames, dilapidated farm equipment, wood, fencing,
camper trailers, metal, iron, and miscellaneous debris from all adjacent properties and public
rights-of-way, all commercial vehicles must be removed from the property or a Use by Special
Review application must be submitted,and the camper/trailer Recreational Vehicle must be abated
as a dwelling unit. Ms. Salzman stated she received a phone call from Douglas Bunting, property
owner,stating he was unable to get off work and requested the violation be continued until the April
meeting. Responding to Commissioner Vaad, Ms. Salzman stated that progress has been made
on cleaning up the property and the commercial business has been removed. She further stated
a Recorded Exemption had been completed and Mr. Bunting was under the impression the
violation had been closed because of the Recorded Exemption.
Commissioner Vaad moved to continue VI #0200269 against Douglas Bunting until April 8, 2003,
to allow adequate time for the property owner to bring the property into compliance. The motion
was seconded by Commissioner Jerke, and it carried unanimously.
VI #0200172-WIN DYKA: 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.H, 23-3-40.R and 23-3-40.0 of the Weld County Code. To bring the property into
compliance, the property owner must apply for a Use by Special Review Permit for both a kennel
2003-0672
PL0824
and an auto repair shop, or cease to operate both uses on the property, and restore, remove or
completely screen the noncommercial junkyard from all adjacent properties and public
rights-of—way. Ms. Salzman stated the property owner has submitted parts of the application;
however, staff has not received a completed application from the property owner at this time.
Leslie Windyka, property owner, asked the Board to consider waiving her application fees or allow
her six additional months to get her refund back from the Internal Revenue Service to pay for the
application fees. Responding to Commissioner Geile, Ms. Windyka stated she is considered
disabled because of a prior accident; however, after working with the animals, her frozen shoulder
is improving and she can physically operate the kennel. Her son, who also lives on the property,
will operate the auto repair business.
Responding to Chair Long, Ms. Salzman stated progress has been made regarding the
noncommercial junkyard. She presented three pictures to the Board, marked Exhibit A, showing
the vehicles are parked in a row or screened behind the garage. Responding to Chair Long, Ms.
Windyka stated there are currently eight dogs and 30 rabbits on the property. There was no public
testimony given.
Responding to Commissioner Jerke, Ms. Salzman stated staff recommends a delay of ninety(90)
days. Commissioner Jerke stated Ms. Windyka should receive her tax refund within ninety (90)
days and feels anyone who can purchase a piece of property for$183,000 should be able to afford
the application fee for a Use by Special Review Permit in that amount of time.
Commissioner Jerke moved to refer VI #0200172 against Leslie Windyka to the County Attorney
for legal action, with the instruction to delay action upon such referral until June 11, 2003, to allow
adequate time for Ms. Windyka to apply for the Use by Special Review Permit. The motion was
seconded by Commissioner Masden,and it carried unanimously. Commissioner Geile stated there
is no reason to waive the fees when the amount needed can be raised during that time period.
Chair Long suggested Ms. Windyka reduce the number of animals on the property to comply with
the Weld County Code and remedy part of the violation by using additional screening if she is
unable to afford the application fees for the Use by Special Review Permit.
VI #0200315 - PETERSON: 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.R, 23-3-40.U, 29-7-10, and 29-7-130 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, remove the commercial bus from
the property, and obtain a new Building Permit or remove the mobile home because the prior
permit expired. Ms. Salzman stated the property owner does not need to apply for a Zoning Permit
because the rock business is no longer on the property.
Ernest Peterson, property owner, stated the mobile home did not pass the inspection because it
needs to be reblocked and he plans to apply for the new permit on Monday. He further stated the
commercial bus is no longer on the property and he plans to screen the noncommercial junkyard.
Mr. Peterson also asked the Board to waive the Impact Fee. Responding to Commissioner Vaad,
Ms. Salzman stated because the Building Permit had expired, the property owner will need to pay
approximately $1,900 for the Impact Fee as well as the Building Permit Fee. Responding to
Commissioner Jerke,Wendi Inloes, Department of Planning Services, stated one of the revisions
Hearing Certification, Zoning Violations
March 11, 2003 2003-0672
Page 2 PL0824
to the Weld County Code states a new Impact Fee is added when a Building Permit expires. Also
in response to Commissioner Jerke, Ms. Salzman stated no final inspections have been made on
the mobile home at this time. She further added, after Mr. Peterson obtains the Building Permit,
he will have an additional six months to remove or screen the noncommercial junkyard. There was
no public testimony given.
Commissioner Vaad moved to refer VI #0200315 against Ernest Peterson, owner, and Scott
Peterson, tenant, to the County Attorney for legal action, with the instruction to delay action upon
such referral until June 11, 2003, to allow adequate time for Mr. Peterson to obtain a new Building
Permit. The motion was seconded by Commissioner Geile, and it carried unanimously.
This Certification was approved on the 17th day of March, 2003.
APPROVED:
ATTEST: ail / ��� ., BOA OF COUNTY COMMISSIONERS
� Z J WEL UNTY, C ORA O el Weld County Clerk t. he' E �1
�.2 D id . Lo , C 'r
BY: ?1t Co ��� :i.SA"� A
Deputy Clerk to th
I
Robert D.
�I
Masden, Pro-Tem
TAPE #2003-01 EXCUSED DATE OF APPROVAL
M. J. Geile
Willia��H. Jerke
Glenn
raw
Glenn Vaad
Hearing Certification, Zoning Violations
March 11, 2003 2003-0672
Page 3 PL0824
Hello