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HomeMy WebLinkAbout20010787.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE A public hearing was conducted on March 20, 2001, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner Glenn Vaad, Pro-Tem - EXCUSED Commissioner William Jerke - EXCUSED 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, Jeff Reif 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 #0000328 - LITTRELL : 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 23-3-30.1 of the Weld County Zoning Ordinance. In order to bring the property into compliance, Ms. Salzman stated the property owners must remove or completely screen the noncommercial junkyard from all adjacent property owners and public rights-of-way. The board viewed a video of the subject property Ms. Salzman made during her March 16, 2001, inspection. The video showed tires, vehicles, wood, pallets, and miscellaneous debris currently visible from Highway 25. Ms. Salzman stated the property owner had moved the items onto the property from a previous business site with the intent of disposing of the materials. Because of a personal injury, it has not been completed at this time. Donald Littrell, property owner, was present and informed the Board that he plans to continue with cleaning up the property as soon as his hand heals. Responding to Commissioner Geile and Ms. Salzman, Mr. Littrell stated the vehicles are all licensed. The only truck that cannot be driven at this time needs a new engine which they will install. There was no other public testimony given. Commissioner Masden moved to refer VI #0000328 against Donald and Beverly Littrell to the County Attorney for legal action,with the instruction to delay action upon such referral until May 20, 2001, to allow adequate time for the property owner to bring the subject property into compliance. The motion was seconded by Commissioner Long, and it carried unanimously. D 2001-0787 PL0824 HEARING CERTIFICATION - ZONING VIOLATIONS March 26, 2001 PAGE 2 VI #0000331 - ENCINIA: Ms. Salzman presented the case report for the record and stated the property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.F, 23-3-30.1, 23-4-130, and 29-7-10 of the Weld County Code. In order to bring the property into compliance the property owners must remove or screen the noncommercial junkyard from all adjacent property owners and public rights-of-way and must remove the mobile home or obtain a Zoning Permit for a mobile home. The Board viewed a video taken by Ms. Salzman on March 16, 2001, during her inspection. Responding to Commissioner Geile, Ms. Salzman stated only one of the mobile homes shown in the video remains on the property, and the property owners have applied for a demolition permit for the house on the property. Other items on the property include derelict vehicles, sinks, a camper shell and miscellaneous debris. Jeff Reif, Department of Planning Services stated the permit to demolish the house was approved on March 19, 2001. Responding to Commissioner Geile, Ms. Salzman stated the property owners plan to live in the mobile home,demolish the house, get a Temporary Mobile Home Permit during construction. Responding to Commissioners Masden and Geile, Ms. Salzman reiterated the property owners must get a Mobile Home Permit and remove the miscellaneous debris to bring the property into compliance. Saul Encinia, property owner, was not present at the meeting, however, he did send an E-mail to Ms. Salzman stating he needed more time to comply. There was no public testimony given. Commissioner Masden moved to refer VI#0000331 against Saul and Pauline Encinia to the County Attorney for legal action, with the instruction to delay action upon such referral until April 20, 2001, to allow adequate time to bring the subject property into compliance. The motion was seconded by Commissioner Long, and it carried unanimously. VI#0000203 AND VI#0000254-BUTLER: Jeff Reif, 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 and final inspections need to be completed to close these violations. Mr. Reif stated staff has been unable to contact the property owners even though they live in the house on the property. The Department of Planning Services has left notices on the door of the house, sent notices by regular mail, registered mail and also to a post office box. Mr. Reif presented pictures to the Board showing straw bales being used to construct both the house and garage. The framework is not a serious concern, but the unprotected straw bales for the garage are a major concern. Commissioner Geile stated the Board may need to review the standards for this type of construction. Neither the property owners nor a representative were present. There was no public testimony given. Commissioner Masden moved to refer VI #0000203 and VI #0000254 against David and Tracey Butler to the County Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it carried unanimously. 2001-0787 PL0824 HEARING CERTIFICATION - ZONING VIOLATIONS March 26, 2001 PAGE 3 This Certification was approved on the 26th day of March, 2001. APPROVED: ATTEST: ateil ]ELaI BOARD OF UNTY COMMISSIONERS L Y, COLORADO Weld County Clerk to tha• .r ( _'O._ _ ,, cL'�� ��i�i�`� � M. J. eile, Chair BY: Deputy Clerk to the Bo (U/NI � EXCUSED Glenn Vaad, Pro-Tern TAPE #2001-01(V) EXCUSED Willis erke EXCUSE DATE'OFAPPROVA Davi . Long Robert D. Masden 2001-0787 PL0824 Hello