HomeMy WebLinkAbout20010612.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on February 13, 2001, at 10:00 a.m., with the following
present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William Jerke
Commissioner David Long - EXCUSED
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#0000301 - MAGNUSON: 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,
23-3-30.1, 29-3-10 and 29-7-10 of the Weld County Zoning Ordinance. In order to bring the
property into compliance, Ms. Salzman stated the property owner must remove or screen the
noncommercial junkyard from all adjacent property owners and public rights-of-way. The property
owner must also remove or restore the mobile home to its previous condition. The board viewed
a video of the subject property Ms. Salzman made during her February 12, 2001, inspection. She
stated there are fuel containers, derelict vehicles, metal, miscellaneous debris, and a mobile home
with tires holding the roof down.
Trevor Jiricek, Department of Public Health and Environment, stated that a fire had occurred at the
facility August 1, 2000. The LaSalle fire department responded to the fire and contacted the EPA
because of the numerous containers containing combustible materials. Mr. Jiricek indicated the
Health Department had worked with Mr. Magnuson in the mid 90's to remove waste tires on the
property. The property had been cleaned up at that time, however, more tires have accumulated
since then.
Brandon Houtchins, representative for Wayne Magnuson, stated that Mr. Magnuson is aware of
the violations, however, he will need time and money to come into compliance. He is a truck driver
and has little time to correct the problems. Mr Houtchins stated Mr. Magnuson is in the process
of correcting the violations and has obtained a dump truck to remove the debris. Mr. Houtchins
explained that, because a tornado removed the roof on the mobile home last summer, tires are
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being used to secure the roof until Mr. Magnuson can remove the damaged mobile home and
replace it with a new one.
Responding to Commissioner Masden regarding the volatile containers, Mr. Jiricek indicated the
combustible materials were removed during October, 2000.
Wayne Magnuson, property owner, was present and informed the Board that a specialist has
been hired to remove any questionable materials and that all tires have been removed except for
the ones that are needed to secure the roof and to provide skirting for the mobile home. Mr.
Magnuson currently resides in the mobile home, but his wife lives with their son because they have
not had electricity or water since the fire and tornado. All other buildings on the property have
permits.
In response to Bruce Barker, County Attorney, Jeff Reif, Planning Department representative,
stated that if the roof needs to be repaired, Mr. Magnuson will not need a permit, but if there has
been structural damage, a permit will be needed.
Mr. Houtchens stated that one year is sufficient for Mr. Magnuson to perform the task of cleaning
up the property, but would prefer a two- year time frame if building permits are required or if he
decides to replace the mobile home. Responding to Commissioner Vaad, Mr. Houtchens stated
some items on the property cannot be screened, so they will be removed.
Ms. Salzman, in response to Commissioner Vaad, stated that a permit would be required if Mr.
Magnuson resides in the mobile home; if not, it would be considered derelict, and would need to
be removed. Mr. Magnuson responded by saying he wants the records to show that he lives in the
mobile home and he will apply for a permit, and do whatever he can to correct the problems.
Responding to Commissioner Jerke, Ms. Salzman stated the property is zoned agricultural and a
noncommercial junkyard is allowed as long as it is properly screened. There was no other public
testimony given.
Commissioner Vaad moved to refer VI#0000301 against Wayne Magnuson to the County Attorney
for legal action, with the instruction to delay action upon such referral until February 13, 2002, to
allow adequate time for the property owner to bring the subject property into compliance. The
motion was seconded by Commissioner Masden, and it carried unanimously.
VI# 9900339 - SPILMAN: 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,and 23-4-130 of the Weld
County Code. Ms. Salzman reviewed the case file for the record and indicated the owner must
remove or screen the noncommercial junkyard from all adjacent property owners and public
rights-of-way and the recreational vehicle on the property must be approved for a Zoning Permit
for a Mobile Home for a medical hardship.
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The Board viewed a video of the subject property taken by Ms. Salzman on February 12, 2001.
She stated that Mr. Spilman has agreed to take care of the miscellaneous wood pieces, and they
have built a partial fence to screen the derelict vehicles. All that remains of the violation is the
miscellaneous wood pieces, including the dilapidated fence, and the recreational vehicle, which is
not permitted but is inhabited. Responding to Commissioner Geile, Ms. Salzman stated they
received an application for the zoning permit on February 2, 2001, and returned it to Ms. Spilman
on February 8, 2001, stating not all the conditions listed on the Zoning Permit for a Mobile Home
had been completed.
Responding to Commissioner Geile, Mike Spillman and Madeline Hall, representatives for Ms.
Spilman, indicated they will go to the Planning Department immediately following this hearing in
order to get the Mobile Home Permit, and the paperwork has been completed. Ms. Hall stated
they got rid of the mobile home on the property and replaced it with a 37-foot recreational vehicle.
She stated the dilapidated fence is an old arena that needs repair. She also indicated they are only
able to work on the projects evenings and weekends, and need 90 days to complete the cleanup.
In response to Commissioner Vaad, Ms. Hall stated she is aware of the requirements needed for
a medial hardship, and they are in possession of a letter from Ms. Spilman's doctor.
Ms. Salzman stated that a recreational vehicle is not currently an acceptable means for medical
hardship and the Planning Department would like some direction in determining whether to allow
Ms. Spilman to apply for a permit. Commissioner Vaad stated that he might consider a 37- foot
recreational vehicle to be allowed for a medical hardship. There was no public testimony given.
Commissioner Vaad moved to refer VI #9900339 against Lou Spilman to the County Attorney for
legal action, with the instruction to delay action upon such referral until May 13, 2001, to allow
adequate time to remove the wood pieces, restore the fence and obtain a Zoning Permit for a
Mobile Home. The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0000179 - MITCHELL/ HEFFERMAN: 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. In order to bring the property into compliance, Ms. Salzman stated the owner must
remove or 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 February
12, 2001, inspection. The noncommercial junkyard consists of derelict vehicles, metal, camper
trailers,tires and miscellaneous debris. Ms. Salzman stated that Thomas Mitchell, property owner,
has indicated that he plans to screen the property, but needs 90 days to comply.
Mr. Mitchell indicated that he will attempt to get the screening done in 90 days, with help from his
son-in-law, but would like to have 120 days to complete it because of the weather. Responding
to Chair Geile, Mr. Mitchell stated that Allen and Mary Hefferman, tenants, intended to make the
derelict camper trailer into a shop. There was no public testimony given.
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Commissioner Masden moved to refer VI #0000179 against Thomas Mitchell and Allen and Mary
Hefferman to the County Attorney for legal action, with the instruction to delay action upon such
referral until June 13, 2001, to allow adequate time for for the property owners to bring the subject
property into compliance. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0100042 - SCHAAL: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-110.B, 23-3-110.C, and 23-3-110.D of the Weld County
Code. Ms. Salzman reviewed the case file for the record and stated that a building permit for a
greenhouse was received on January 16, 2001, and on January 29, 2001, Carl Schaal, property
owner, waived a 30-day violation notice and requested an appearance before the Board. Ms.
Salzman stated that greenhouse activities cannot take place in a residential district. The Board
viewed a video that was taken by Ms. Salzman on February 12, 2001, showing two greenhouses
on the property and a third one under construction.
Monica Mika, Director of Planning Services, stated that the entire section was zoned R-1 in 1981
and cannot be used for any type of wholesale business, and that she sent a letter to Mr. Schaal on
January 30, 2001, noting four ways to address this violation. Ms. Mika suggested using the
surrounding property owner list to see if any of the property owners within 500 feet of Mr. Schaal's
property are in opposition to the greenhouse. Ms. Mika clarified for Commissioner Vaad it would
apply only to those property owners in Weld County, of which there are 14.
Kevin Dennis, agent for Carl and Pamela Schaal, stated that Mr. Schaal purchased the property
in the 1960's, has used it continuously for agriculture, and wants to continue doing so. Mr. Dennis
stated the R-1 zoning has been challenged because the water supply comes from Longmont, and
cannot be used in R-1 zones. Mr. Dennis stated, with Mr. Schaal out of town, he was not aware
of Ms. Mika's request for signatures of the surrounding property owners, and he will obtain them
as soon as possible. Responding to Commissioner Jerke, Mr. Dennis stated the water supply
comes from Long's Peak Water District, and they only use a minimal amount. The St. Vrain
Sanitation District refuses to provide public sewer and water to the area for fear it might
contaminate the Union Reservoir. Mr. Dennis stated Mr. Schaal might be willing to file an
application to change the zone to agriculture.
Responding to Chair Geile, Ms. Mika explained the public water and sewer requirements apply to
Weld County, not to Longmont. Ms. Mika stated that it would be easier to get the water from
Longmont than from a water facility in Weld County. Responding to Commissioners Vaad and
Jerke, Ms. Mika explained option#3 and stated applicants can only appeal administrative decisions
made by staff members who interpret an ordinance, and a Change of Zone takes approximately
120 days to process, as well as a fee of$1,100 plus survey and miscellaneous costs.
Upon further discussion regarding the Board of Adjustment's authority, Bruce Barker, County
Attorney,reiterated the Board of Adjustment cannot grant a variance, it can only determine whether
the decision by staff was a correct interpretation of the ordinance. Responding to Commissioner
Jerke, Ms. Mika stated option #3 would take approximately 60 days and option #4 would take
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approximately 4 months. Mr. Dennis stated that since the business is seasonal in nature, Mr.
Schaal needs to be able to continue with production. Mr. Barker further discussed option#4, and
stated with the seasonal limitations,the Board might be willing to allow the violation to continue until
a permanent remedy is reached through one of the other options.
There was no public testimony given. After further discussion regarding the four available options,
Commissioner Vaad moved to refer VI #0100042 against Carl and Pamela Schaal to the County
Attorney for legal action,with the instruction to delay action upon such referral until June 13 , 2001,
to allow adequate time for the property to be brought into compliance by obtaining a Change of
Zone; and to authorize the Department of Planning Services to issue building permits on the
property upon receipt of a signed petition indicating the support of the surrounding property owners.
The motion was seconded by Commissioner Masden, and it carried unanimously. Ms. Mika
clarified there are 12 surrounding property owners.
VI #9900359 - GUNTER: 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. In
order to bring the property into compliance the property owner must remove or screen the
noncommercial junkyard consisting of derelict vehicles, tires, metal, wood, and building materials,
from all adjacent property owners and public rights-of-way. The Board viewed the video that Ms.
Salzman made during her February 12, 2001, inspection.
Mildred Gunter, property owner, stated they have purchased the surrounding lots and have been
cleaning up the property;they plan to construct a fence around the entire block; and they have two
sons who plan to live on the property. Responding to Commissioner Jerke, Ms. Salzman stated
there was not a log-stripping business on the property. They are using the property to build a
family residence. There was no public testimony given.
Commissioner Vaad moved to refer VI#9900359 against Wayne and Mildred Gunter to the County
Attorney for legal action, with the instruction to delay action upon such referral until May 13, 2001,
to allow adequate time to bring the subject property into compliance . The motion was seconded
by Commissioner Jerke, and it carried unanimously.
VI #0000111 - CORNELL: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-20, 23-3-30, and23-3-30.1 of the Weld County Code. In
order to bring the property into compliance the property owner must remove or screen the
noncommercial junkyard from all adjacent property owners and public rights-of-way. The Board
viewed the video that Ms. Salzman made during her February 12, 2001, inspection. Ms. Salzman
stated the junkyard consists of a derelict vehicle, miscellaneous debris, wood, metal, a truck bed,
and snow fencing that can be seen through.
Wesley Cornell, property owner, stated that he will need most of the building materials that are
currently on the property to build a shop and is planning to build the screening fence as soon as
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the ground thaws; however, he has not applied for a building permit at this time. Responding to
Commissioner Vaad, Mr. Cornell, stated the vehicle does run even though he rarely uses it. There
was no public testimony given.
Commissioner Vaad moved to refer VI #0000111 against Wesley Cornell to the County Attorney
for legal action, with the instruction to delay action upon such referral until April 13, 2001, to allow
adequate time to bring the subject property into compliance . The motion was seconded by
Commissioner Jerke, and it carried unanimously.
VI #0000161 - ERN LTD PARTNERSHIP: 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,
29-3-10,and 29-7-10 of the Weld County Code. To bring the property into compliance the property
owner must remove or screen the noncommercial junkyard from all adjacent property owners and
public rights-of-way and remove the mobile home or obtain a Zoning Permit for a mobile home to
allow it to remain as a principle dwelling. The Board viewed a video taken by Ms. Salzman on
February 12, 2001, during her inspection. Ms. Salzman stated that the only remaining items in
violation are the building materials, metal, tires, and a derelict vehicle.
Darrell Johnston, representative for Ernest Zarlengo, stated that a mobile home had previously
been on the property, and they moved it to the back of the property when they purchased a new
one. Responding to Commissioner Vaad, Mr. Johnston stated he was not aware the property
needed to be rezoned when they replaced the mobile home. Ms. Salzman stated that the zoning
does not need to be changed; however, they need to apply for a mobile home permit. There was
no public testimony given.
Commissioner Vaad moved to refer VI #0000161 against ERN Ltd Partnership to the County
Attorney for legal action, with the instruction to delay action upon such referral until April 13, 2001,
to allow adequate time to bring the subject property into compliance. The motion was seconded
by Commissioner Jerke, 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
several compliance letters have been issued to the property owners and have been returned,
unclaimed. Staff has had trouble providing adequate notices to the property owners concerning
the violation hearings.
Commissioner Masden moved to continue VI #0000203 and VI #0000254 against David and
Tracey Butler to March 20, 2001, at 10:00 a.m. The motion was seconded by Commissioner
Jerke, and it carried unanimously.
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VI #0000251 - KOHN: Mr. Reif 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 close this violation,final inspections
need to be completed. Neither the property owner nor a representative was present.
Responding to Commissioner Jerke, Mr. Barker, explained the various options that can be taken
if the property owner does not comply.
Mr. Reif will contact the property owner by certified letter and the Clerk to the Board will send of
copy of the resolution stating today's action.
Commissioner Jerke moved to refer VI #0000251 against Arthur Kohn to the County Attorney for
legal action, with the instruction to delay action upon such referral until March 13, 2001, to allow
time to contact the property owner. The motion was seconded by Commissioner Masden, and it
carried unanimously.
This Certification was approved on the 21st day of February, 2001.
,-�` APPROVED:
ATTEST: /7 /J / t \>.O N. I ' /�,� BOARD OF COUNTY COMMISSIONERS
J ' ; 'i ,gyp;. s WELD COU , COLORADO
Weld County Clerktotha:.
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BY: Gvw - 1(1 �I i %�Q
Deputy Clerk to the Bo''•.` ! , ipoe
Glenn VaacCPro-Tem
TAPE #2001-01(V) x-.12-
William H. Jerke
EXCUSED
David E. Long
&,.
Robert D. asden
2001-0612
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