HomeMy WebLinkAbout20011247 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on May 8, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair- EXCUSED
Commissioner Glenn Vaad, Pro-Tem
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Donna Bechler
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
Planning Department representative, Trudy Halsey
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 #0000303 - AGUIRRE: Bethany Salzman, Department of Planning Services, presented the
case report for the record and stated the property is in violation of Sections 23-3-20, 23-3-30, and
23-4-40 of the Weld County Code. In order to bring the property into compliance, the property
owner must obtain a Use by Special Review Permit and record the plat or remove the business and
business equipment from the property.
Richard Lipuma, representative for George Ottenhoff, Jose Aguirre's attorney, was present and
stated Mr. Ottenhoff was unable to be present at the hearing due to prior commitments; however,
he requests a continuance of six months to remedy the situation. Responding to Chair Pro-Tem
Vaad, Mr Lipuma stated Mr. Aguirre is considering a new location for his business and needs time
for the transition. Responding to Commissioner Vaad, Ms. Salzman stated staff recommends a
continuance until the next violation hearing to allow the property owner's attorney to be present;
however, they recommend the six month continuance be denied due to the ongoing violation and
the number of phone calls and letters received from the public. Ms. Salzman stated the property
owner's commercial business consists of construction equipment that is picked up every morning,
taken to a job site, and returned to the property each evening.
Responding to Commissioner Masden, Bruce Barker, County Attorney, stated the operation of the
business is the violation, not the screening of the property. Mr. Barker stated Mr. Ottenhoff can
listen to the audio tape of the hearing if he wants to hear the public testimony before the next
violation hearing.
2001-1247
p C . Ac, e/7 PL0824
Sheila English Ogden, surrounding property owner, stated Mr. Aguirre purchased the property
during the summer of 1999. Since then, Mr. Aguirre has continued to purchase more heavy
equipment and lists his home address as his business address in the phone book. Ms. Ogden
stated there is a privacy fence surrounding Mr. Aguirre's property, but it does not block the noise
or fumes from the construction equipment. Activity begins before dawn and does not cease until
after dark. Traffic is another concern and many of the neighbors have had near accidents with the
employees leaving the property with the equipment. Another concern is how the ground water is
being affected by the chemicals used to power wash the equipment.
Marlin Ogden, surrounding property owner, opposed a six month continuance. Mr. Ogden stated
he is unable to open his windows because of the noise. He is concerned about the water used for
washing the equipment because it runs onto his property. Mr. Ogden presented pictures marked
as Exhibit A, of Mr. Aguirre's property taken from surrounding property owner's homes.
Commissioner Vaad explained these pictures would be kept in the violation file.
Responding to Commissioner Vaad, Mr. Lipuma requested that the pictures and tapes be available
for Mr. Ottenhoff and Mr. Aguirre if they needed them. Mr. Lipuma stated Mr. Aguirre needs time
to respond to the public testimony. Commissioner Vaad stated the case is an obvious infraction
of operating a business in an agricultural zone.
Commissioner Jerke moved to refer VI #0000303 against Jose Aguirre to the County Attorney for
legal action, with the instruction to delay action upon such referral until July 8, 2001, to allow
adequate time for Mr.Aguirre and his attorney to respond to the public testimony. The motion was
seconded by Commissioner Long, and it carried unanimously.
VI#0000020 - PACHECO: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-20, 23-3-20.P, 23-4-140, 23-4-210, and 29-7-10 of the
Weld County Code. In order to bring the property into compliance, Ms. Salzman stated the
property owner must obtain the necessary zoning and building permits or remove the mobile home
from the property. Ms. Salzman stated no action by the property owner has been taken to correct
the violation at this time. Neither the property owners nor a representative were present. There
was no public testimony given.
Commissioner Masden moved to refer VI #0000020 against Rosendo and Eledelma Pacheco to
the County Attorney for immediate legal action. The motion was seconded by Commissioner Long,
and it carried unanimously.
Hearing Certification, Zoning Violations
May 8, 2001 2001-1247
Page 2 PL0824
This Certification was approved on the 14th day of May, 2001.
APPROVED:
ATTEST: i7 BOARD OF COUNTY COMMISSIONERS
MAW
, ITIE r'IL�/. %ELD COUNTY, COLORADO
Weld County Clerk to the B.
4riNCriJ Geile, Ch it
Deputy Clerk to the Board ‘; „t�G414A
Glenn Vaad, Pro-Tern
TAPE #2001-02(V)
Willia . Jerke
D id . Lon
Robert . asden
Hearing Certification, Zoning Violations
May 8, 2001 2001-1247
Page 3 PL0824
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