HomeMy WebLinkAbout20012313 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on August 14, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern
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, Trudy Halsey
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 #0100147 - HACKETT: Trudy Halsey, 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. To bring the property into compliance the property owner must finish all building permits and
comply with all provisions of the Weld County Code. Responding to Commissioner Vaad, Ms.
Halsey stated she placed a notice on the property owner's door and took a picture of it because
the property owner has not responded to any prior notices or calls. Neither the property owner nor
a representative was present. There was no public testimony given.
Commissioner Vaad moved to refer VI #0100147 against Mary Hackett to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0000241 - ESTRADA: 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 Code. To bring the property into compliance the property owner must
remove or completely screen the noncommercial junkyard from all adjacent property owners and
public rights-of-way. The Board viewed a video taken by Ms. Salzman on August 13, 2001,
showing derelict vehicles, piles of wood, tires, scrap iron, and miscellaneous debris. Responding
to Commissioner Long, Ms. Salzman stated the last time she had a verbal discussion with the
property owner was in January, at which time he scheduled an on-site inspection, although he was
not present at the scheduled time. Neither Mr. Estrada nor a representative was present. There
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was no public testimony given.
Commissioner Long moved to refer VI #0000241 against Antonio Estrada to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
VI #0100108 - MONTEZ: Ms. Salzman 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 Code. To
bring the property into compliance the property owner must remove or screen the noncommercial
junkyard from all adjacent properties and public rights-of-way. Ms. Salzman stated they have had
no communication with the property owner and were advised by the Sheriff's Office not to enter the
property alone, so a notice of the hearing was not posted on the door. However, a notice was sent
through the Postal Service and was not returned to the Department of Planning Services. The
Board viewed a video taken by Ms. Salzman on August 13, 2001, showing piles of wood, barrels
filled with materials, paint cans,trash,tires, iron, appliances, and miscellaneous debris. The Board
also looked at the vicinity map displayed on the overhead. Responding to Commissioner Vaad,
Ms. Salzman stated there was not a language barrier between staff and the property owner.
Neither the property owner nor a representative was present. There was no public testimony given.
Commissioner Vaad moved to refer VI #0100108 against Manuel Montez to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI #0100106 - BAKER: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-2-150, and 23-2-150.L of the Weld County Code. Ms.
Salzman stated Mr. Baker has come into the office on numerous occasions to discuss the violation;
however, the property has not been screened, which is one of the conditions of approval stated in
the Site Plan Review. (Switched to tape 2001-03) The Board viewed a video taken by Ms.
Salzman on August 13, 2001. The video showed only one tree has been planted at this time and
the Site Plan Review states several trees need to be planted. There are several derelict vehicles
on the property and the fence has not been constructed.
Daniel Baker, owner of Dan's Garage, was present and stated his correct address is 21042 Weld
County Road 33. Mr. Baker stated he has applied for an extension until October 1,2001,to replant
the trees because an oil rig ran over all the trees he had planted. He plans to ask the oil company
to replace them as soon as the weather cools off and the trees can be planted. Responding to
Commissioners Vaad and Masden, Mr. Baker stated he already contracted with someone to put
up the fence, but since the work is being done in trade, the builder has not yet built it. Both Mr.
Baker and his wife, Debra Baker,were under the impression the extension they applied for included
the construction of the fence.
Responding to Commissioner Vaad, Julie Chester, Department of Planning Services, stated part
of the violation refers to a dirt bike track on the property. The property is zoned PUD specifically
for garage use only. Mr. Baker stated his children use the bike track for their motorcycles, and it
keeps the weeds down. Commissioner Vaad stated he would like to consider the dirt bike track
violation separate from the landscaping and screening violation. There was no public testimony
given.
Hearing Certification, Zoning Violations
August 14, 2001 2001-2313
Page 2 PL0824
Commissioner Masden moved to refer VI #0100106 against Dan and Debra Baker to the County
Attorney for legal action, with the instruction to delay action upon such referral until October 1,
2001, to allow adequate time for the property owners to replant the trees and put up the fence to
screen the vehicles. He also changed the motion to exclude the dirt bike track from this violation.
The motion was seconded by Commissioner Vaad, and it carried unanimously.
VI #0000187 - BINDER: 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, 23-3-30, 23-3-30.1, 23-4-130, 23-4-140,
23-4-210, 29-7-10, and 29-7-130 of the Weld County Code. To bring the property into compliance
the property owner must remove or completely screen the noncommercial junkyard from all
adjacent property owners and public rights-of-way,and he must remove the mobile home that does
not have an approved Zoning Permit for a Mobile Home. Additionally, the five Mobile Home
Building Permits that were issued in 1998 must be finalized or the mobile homes must be removed
from the property. The Board viewed a video taken by Ms. Salzman on August 13, 2001, showing
the mobile homes, derelict vehicles, wood and miscellaneous debris. Ms. Salzman stated some
of the mobile homes are not being utilized at this time and several of them have broken windows.
Responding to Commissioner Vaad, Ms. Salzman stated the gas test inspections were done on
the mobile homes last Friday, and the mobile homes passed. In further response, Ms. Salzman
stated the mobile homes were added as an accessory to the farm in 1998 and are subject to
annual renewals; however, they were not reviewed in the past two years.
Responding to Commissioner Vaad's question concerning the annual renewals, Wendi Inloes,
Department of Planning, stated staff is in the process of catching up on renewals, and were not
aware of this violation until Mr. Binder applied for the sixth permit. Ms. Inloes stated staff is
recommending denial of the sixth permit since there is also a house and two other mobile homes
on the property, in addition to the six mobile homes listed on the violation, and they do not feel
there is enough farming activity at the present time to warrant nine homes as accessories to the
farm. Ms. Inloes stated it does not appear that a dairy is in operation at this time, which was the
reason for the mobile home permits in 1998.
Howard Binder, property owner, stated his correct address is 6155 Weld County Road 23. He
stated most of the junkyard has been cleaned up except for a small pile of poles he uses to repair
his corrals. Mr. Binder stated a bad wind storm went through a couple weeks ago and destroyed
some of the roofs off his calf pens and he is in the process of cleaning that up. Mr. Binder stated
he is also in the process of getting the gas and electricity hooked up so he can get the building
permits finalized, but needs more time because the contractors have to work it into their schedules,
and he cannot put the skirting back up on the mobile homes until the gas and electricity inspections
have been completed. Responding to Chair Geile, Mr. Binder stated he was originally permitted
for 6 Accessories to Farm and he is still operating a dairy on the property. There is a total of 400
head of cattle; two pens of light heifers, and some on grass. Bruce Barker, County Attorney,
stated the requirement for a Temporary Accessory to Farm is that the mobile home must be
occupied by people who work on the farm, and Ms. Salzman responded that this is not an issue
at this time. There was no public testimony given.
Commissioner Vaad moved to refer VI #0000187 against Howard Binder to the County Attorney
for legal action, with the instruction to delay action upon such referral until September 11, 2001.
The motion was seconded by Commissioner Long, and it carried unanimously.
Hearing Certification, Zoning Violations
August 14, 2001 2001-2313
Page 3 PL0824
VI #0100117 -VELASQUEZ: Ms. Halsey presented the case report for the record and stated the
property owner must obtain all final inspections needed on the mobile home in order to bring the
property into compliance with the Weld County Code.
Edward Velasquez, property owner, stated the mobile home on the property is being used as a
storage unit on the north side of the property. He had originally placed it on the west side of the
home which started a property line dispute. Mr. Velasquez stated the dispute went to court, he
won, and it is now being appealed to the Supreme Court. Mr. Velasquez originally received the
mobile home from his father, and his father is planning to move the mobile home to another county
next month. Responding to Chair Geile, Mr. Velasquez stated no one lives on the property, and
he uses it to raise quarter horses. There was no public testimony given.
Commissioner Vaad moved to refer VI #0100117 against Edward and Terri Velasquez to the
County Attorney for legal action, with the instruction to delay action upon such referral until
September 11, 2001. The motion was seconded by Commissioner Masden and it carried
unanimously.
VI #0100118 -CANDELARIE: Ms. Halsey presented the case report for the record and stated the
property is in violation of the Weld County Code. Ms. Halsey stated she granted a 60-day
extension to the property owners on April 30, 2001.
Hope Candelarie, property owner, was present and stated they had purchased the water tap, but
the water company did not install it until last week. As soon as they purchase the pipe to connect
the water to the mobile home,they can install the skirting around the mobile home and will be ready
for the final inspection. Responding to Chair Geile, Ms. Candelarie stated her husband has had
a heart attack, so they will need an additional 60 days to complete everything. There is no one
living in the mobile home at this time. There was no public testimony given.
Commissioner Vaad moved to refer VI#0100118 against Bob and Hope Candelarie to the County
Attorney for legal action, with the instruction to delay action upon such referral until October 9,
2001, to allow adequate time for the property owner to connect to the water supply and put skirting
around the mobile home. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0100120 - VASQUEZ: Ms. Halsey presented the case report for the record and stated the
property is in violation of the Weld County Code. Responding to Commissioner Geile, Ms. Halsey
stated the property owner must apply for a Zoning Permit for a Mobile Home and finish all needed
inspections to bring the property into compliance. Ms. Halsey also stated the mobile home is not
allowed on the property without a permit; however, the property owner has been living there for
three years.
Teresa Vasquez, property owner, was present and stated her father gave her the property and
advised her at that time she needed a zoning permit, but she did not get one. She stated she and
her husband have been living on the property without a permit; however,she applied for the zoning
permit several weeks ago when she received the violation letter. Responding to Commissioner
Vaad, Ms. Vasquez stated they do have electricity, but the electrical outlets need to be covered
before the final inspection can be completed. Ms. Inloes stated the Zoning Permit is being
Hearing Certification, Zoning Violations
August 14, 2001 2001-2313
Page 4 PL0824
processed and they are waiting for paperwork from the surrounding property owners so the permit
can be completed. Ms. Inloes stated it will take an additional 30 days to finalize all the inspections.
No public testimony was given.
Commissioner Long moved to refer VI #0100120 against Teresa Vasquez to the County Attorney
for legal action, with the instruction to delay action upon such referral until September 11, 2001,
to allow adequate time for the property owner to obtain a Zoning Permit for a Mobile Home and
finish all final inspections on the mobile home. The motion was seconded by Commissioner Vaad,
and it carried unanimously.
VI #0000246 - KREYKES: Ms. Halsey, presented the case report for the record and stated the
property is in violation of the Weld County Code. To bring the property into compliance, the
property owner must obtain all final inspections. Ms. Halsey stated staff requests an extension for
this case because they did come to a compromise with the property owner this morning. The final
inspections should be completed today. Neither the property owner nor a representative was
present. There was no public testimony given.
Commissioner Vaad moved to refer VI #0000246 against Douglas and Jeannie Kreykes to the
County Attorney for legal action, with the instruction to delay action upon such referral until
September 11, 2001, to allow adequate time for the property owners to have all inspections
finalized. The motion was seconded by Commissioner Masden, and it carried unanimously.
This Certification was approved on the 20th day of August, 2001.
-�` APPROVED:
ATTEST: Ley / ,4*�` ) La, BOARD OF COUNTY COMMISSIONERS
i �% � ,• _ % WELD CO NTY, COLORADO
Weld County Clerk to is �c%�O it?BY: :j
M. J. eile, Chair
Deputy Clerk to the
Glenn Vaad, Pro- e
TAPE #2001-[02] EXCUSED
Will H. Joerke
vi L&
'
Robert D. Masden
Hearing Certification, Zoning Violations
August 14, 2001 2001-2313
Page 5 PL0824
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