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HomeMy WebLinkAbout20012922.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION A public hearing was conducted on October 9, 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 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, Jeff Reif 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#0100004-MILLER: 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. In order to bring the property into compliance the property owner must remove or completely screen the noncommercial junkyard from all adjacent properties and public rights-of-way. The Board viewed a video taken by Ms. Salzman on October 8, 2001. She stated the screening is partially completed; however, there is still wood and miscellaneous debris next to the road right-of-way and various items that need to be removed or placed behind the screen. Dale Miller, property owner,was present and stated he has tried to complete the items listed in the violation letter, but expressed frustration with the fact the list keeps changing. In response to Commissioners' Geile and Vaad, Mr. Miller stated he hopes to finish the privacy fence in a couple of months, depending on the weather. He has placed the derelict vehicles behind the fence and is filling dumpsters with trash and miscellaneous debris on a weekly basis. In response to Commissioner Jerke, Ms. Salzman stated the debris on Mr. Miller's property is illegal to burn in Colorado; therefore, it needs to be placed in a dumpster. There was no public testimony given. Commissioner Vaad moved to refer VI #0100004 against Dale and Starlee Miller to the County Attorney for legal action, with the instruction to delay action upon such referral until January 8, 2001-2922 ,9O,. pL PL0824 2002, to allow adequate time for the property owners to get things resolved. The motion was seconded by Commissioner Long, and it carried unanimously. VI#0000070- PLUNKETT: 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 completely screen the noncommercial junkyard consisting of derelict vehicles, wood, tires, scrap metal and miscellaneous debris from all adjacent properties and all public rights-of-way. Ms. Salzman stated Mr. Plunkett was issued a temporary Zoning Permit for a Mobile Home last August so he could use the mobile home for storage. The Board viewed a video taken by Ms. Salzman on October 8, 2001, showing derelict vehicles and miscellaneous debris that needs to be removed or placed behind the fence. Responding to Chair Geile, Ms. Salzman stated Mr. Plunkett has shown considerable improvement on the property; however, staff is not comfortable granting another extension. Harold Plunkett, property owner, was present and stated he is disabled and is unable to work outdoors when the weather is cold. Mr. Plunkett stated that he was unaware of the violation until June, 2001, because the Department of Planning Services had been trying to contact the previous owner, Jean Thompson, up until that time. Mr. Plunkett stated his brother died two years ago, and most of the items in violation had belonged to him. He is trying to clean up the property and is using the mobile home to store many of the items. Responding to Commissioner Geile, Mr. Plunkett stated he should be able to complete the clean-up in a couple months. He stated he was not aware that the Zoning Permit for a Mobile Home was only good for six months and wondered what would be required to get a permit for a longer period of time. Wendi Inloes, Department of Planning Services, stated Mr. Plunkett will need to go before the Board and request another extension in February, 2002. There was no public testimony given. Commissioner Long moved to refer VI #0000070 against Harold Plunkett to the County Attorney for legal action,with the instruction to delay action upon such referral until December 11, 2001, to allow adequate time for Mr. Plunkett to remove or place all remaining debris behind the fenced area. The motion was seconded by Commissioner Vaad, and it carried unanimously. VI #0100246 - LOZANO: Ms. Salzman presented the case report for the record and stated the property is in violation of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.O, and 23-3-40.R of the Weld County Code. To bring the property into compliance, the property owner must cease all business activities located at the site or apply for a Use by Special Review Permit. The Board viewed a video taken by Ms. Salzman on October 8, 2001. Responding to Commissioner Vaad, Ms. Salzman stated Mr. Lozano had a previous violation issued in May, 2001, but the case was closed when the property owner sent the Department of Planning Services a letter stating the business would no longer occur at that site. Gonzalo Lozano, property owner, was present with his interpreter, Rebecca. Mr. Lozano stated there may be trucks on the property on the weekends because they are in the process of taking wood from the fence. Responding to Commissioner Geile, Ms. Salzman stated a Use by Special Review Permit is needed if any commercial equipment is on the property, even if it is on weekends. Mr. Lozano stated they bought the property a year ago, with the understanding there were no restrictions. They thought they could park their trucks on the property on weekends so they would Hearing Certification, Zoning Violations October 9, 2001 2001-2922 Page 2 PL0824 not have to pay rent. Responding to Chair Geile, Mr. Lozano stated they stopped parking trucks on the property when they received a letter from the Department of Planning Services informing them they could not use the property for business purposes; however, they still have two trailers, a belly dump and an end dump, parked on the property. Responding to Chair Geile, Ms. Inloes stated it will take 90 to 120 days to obtain a Use by Special Review Permit and will cost$1,100.00 even if the permit is refused. Commissioner Vaad explained the process involved in applying for a permit. Responding to Chair Geile, Ms. Inloes stated Mr. Lozano should talk to a planner before deciding if he wants to apply for the permit. There was no public testimony given. Commissioner Vaad moved to refer VI #0100246 against Gonzalo and Vadira Lozano to the County Attorney for legal action,with the instruction to delay action upon such referral until April 9, 2002, with the stipulation that the Use by Special Review Permit needs to be applied for within 60 days and allows adequate time for the property owner to bring the subject property into compliance. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI#0100175-UNDERHILL/CHAVEZ: Ms. Salzman presented the case report for the record and stated the property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-40, 23-3-40.O, 23-3-40.R, 29-3-20, 29-3-20.B.13, 29-3-20.6.13.a, and 29-3-20.B.13.b of the Weld County Code. To bring the property into compliance, the property owner must completely remove or screen the noncommercial junkyard from all adjacent properties and public rights-of-way. The structures must meet all necessary setbacks and offsets. Additionally, any business activities require a Use by Special Review Permit. Ms. Salzman stated the property owners have started to screen the noncommercial junkyard; however,there are a couple of non-conforming structures with additions that do not meet the setback or offset requirements. According to one of the surrounding property owners, there is also commercial equipment, used for both agricultural purposes and commercial use, leaving the property on a daily basis. The Board viewed a video taken by Ms. Salzman on October 8, 2001. John Underhill, property owner, was present and stated he leased the one and one-half to two- acre site to Jose Chavez in May, 2001. Until that time, he had used the site as a stack-yard or storage area for equipment. Mr. Underhill stated Mr. Chavez converted the stalls that had previously been used to park equipment into stalls for his horses. He also stated that Mr. Chavez had repaired some of the buildings and moved several portable buildings onto the property. He further stated that Mr. Chavez picked up an application for a Use by Special Review Permit and also one for a Recorded Exemption,and is in the process of getting them filled out. The equipment that enters and leaves the property daily is owned by Mr. Chavez' brothers and they all have a major interest in the horses. Mr. Underhill stated they all come to feed the horses and then car pool to the jobsite, leaving the other trucks parked on the property. Responding to Chair Geile, Mr. Underhill stated the noncommercial junkyard should be cleaned up in 30 days. Bruce Barker,Weld County Attorney stated the two structures in violation need to be removed or go before the Board of Adjustments to get a varience. Responding to Commissioner Vaad, Mr. Underhill stated Mr. Chavez had applied for a Recorded Exemption because he wants to purchase the property to build a house at a later date. Molly Wright, surrounding property owner, stated she has lived on her property for 13 years, and has had many problems with Mr. Underhill during that time. Ms.Wright stated she filed a complaint when Mr. Underhill first started constructing one of the buildings in violation because she knew it would not meet the setback requirements, and was being constructed on her property line. She Hearing Certification, Zoning Violations October 9, 2001 2001-2922 Page 3 PL0824 stated she has seen commercial equipment entering and leaving the property every day. Responding to Commissioner Geile, Ms. Wright stated she has several concerns she would like to express when they go before the Board of Adjustments. Ms. Wright submitted a letter from another concerned neighbor to the Board, marked Exhibit A. Commissioner Vaad moved to refer VI #0100175 against John and Laura Underhill, owners, and Jose Chavez, tenant, to the County Attorney for legal action, with the instruction to delay action upon such referral until November 13, 2001, to allow adequate time for Mr. Underhill and Mr. Chavez to finish screening the property and apply to the Board of Adjustments or remove the buildings located on the property line, and also to apply for the Use by Special Review Permit. The motion was seconded by Commissioner Masden, and it carried unanimously. (Clerks note: Chair Geile called a 10 minute recess) VI #0100213 - ESPARZA: 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,and 29-7-10 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 properties and public rights-of-way. Additionally, a Building Permit must be obtained in order to combine the second mobile home to the existing mobile home. The Board viewed a video taken by Ms. Salzman on October 8, 2001. Thomas Esparza, property owner, was present and stated he was informed by the Department of Planning Services that he cannot apply for a Building Permit until the noncommercial junkyard has been removed or completely screened. Responding to Mr. Esparza, Mr. Barker stated it does not matter how far the property is from adjacent properties; if the noncommercial junkyard is visible, it needs to be cleaned up or screened. Responding to Chair Geile, Mr. Esparza stated he should be able to move or screen the cars in 90 days. There was no public testimony given. Commissioner Jerke moved to refer VI #0100213 against Thomas and Maria Esparza to the County Attorney for legal action, with the instruction to delay action upon such referral until January 8, 2001, to allow adequate time for the property owner to remove or screen the noncommercial junkyard. The motion was seconded by Commissioner Vaad, and it carried unanimously. VI #0100145 - RUPERT: Ms. Salzman, Department of Planning Services, presented the case report for the record and stated the property is in violation of Sections 23-3-20, 23-3-20.P, 23-3-30, 23-3-30.1, 23-4-140, 23-4-170, 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 consisting of numerous derelict vehicles, camper trailers, metal, trash, wood, automobile parts and miscellaneous debris from all adjacent properties and public rights-of-way. In addition, the mobile home must obtain a Zoning Permit for a Mobile Home or be removed from the property. The Board viewed a video taken by Ms. Salzman on October 8, 2001. Ms. Salzman stated Mr. Rupert has been making progress;however,there are still 15 to 20 derelict vehicles that remain to be screened or moved. The Board viewed a video taken by Ms. Salzman on October 8, 2001. Gordon Rupert,property owner,stated he is not sure what types of screening are acceptable under the Weld County Code. Responding to Chair Geile, Ms. Salzman read the definition from the Hearing Certification, Zoning Violations October 9, 2001 2001-2922 Page 4 PL0824 Zoning Code, and stated Mr. Rupert's plan to use bales of hay was not approved by the Department of Planning Services because bales do not weather well and Mr. Rupert had indicated they would only be temporary because he planned to use them throughout the winter. Responding to Chair Geile, Mr. Rupert stated he will need 120 days to erect a fence. Ms. Salzman stated there are other issues that will need to be brought before the Department of Environmental Health Services. There was no public testimony given. Commissioner Long moved to refer VI #0100145 against Mary Rupert and Gordon Rupert to the County Attorney for legal action, with the instruction to delay action upon such referral until February 12, 2002, to allow adequate time for the property owner to erect a fence. The motion was seconded by Commissioner Vaad, and it carried unanimously. VI #0000334 - HALL: 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 completely screen the noncommercial junkyard consisting of numerous derelict vehicles and miscellaneous debris from all adjacent properties and public rights-of-way. Ms. Salzman stated Mr. Hall has erected part of the fence, but it does not totally screen the noncommercial junkyard from the road or the adjacent properties. The Board viewed a video taken by Ms. Salzman on October 8, 2001. Terry Hall, property owner, was present and stated some of the vehicles are on the property because he restores cars. He stated fifteen of the vehicles are licensed and insured, and he presented two letters, marked Exhibits A and B,to the Board showing the Hudson Fire Department conducts automobile fire and extraction training two to three times a year on his property, and the local Cub Scouts have a can and scrap-metal drive and the items are collected and stored on his property. Responding to Chair Geile, Mr. Hall stated he will need 90 days to finish the fence. (Switched to tape 2001-04) Commissioner Jerke moved to refer VI#000334 against Terry Hall to the County Attorney for legal action, with the instruction to delay action upon such referral until January 8, 2002, to allow adequate time for Mr. Hall to completely screen the noncommercial junkyard. The motion was seconded by Commissioner Long, and it carried unanimously. VI#0100062-RODRIGUEZ: Ms. Salzman presented the case report for the record and stated the property is in violation of Sections 23-3-20,23-3-30, 23-3-30.1, 23-3-40 and 23-3-40.R of the Weld County Code.To bring the property into compliance the property owner must remove or completely screen the noncommercial junkyard consisting of derelict vehicles, wood, concrete, construction materials and various other miscellaneous debris from all adjacent properties and all public rights- of-way. Additionally, the commercial business must cease to operate or obtain approval through a Use by Special Review Permit. Ms. Salzman stated Mr. Rodriguez has put up a metal fence, but it needs to be painted. She also presented two pictures showing the fence and a derelict vehicle, marked Exhibit A, to the Board. Bennie Rodriguez, property owner, stated he has been cleaning up the property and is working on finalizing the paperwork required for the Use by Special Review Permit. Responding to Commissioner Vaad, Mr. Rodriguez stated he will place the derelict vehicle behind the fence. Ms. Salzman stated the screening and landscaping will be addressed through the Use by Special Hearing Certification, Zoning Violations October 9, 2001 2001-2922 Page 5 PL0824 Review Process. Sheila English Ogden, surrounding property owner, stated she is concerned about the Use by Special Review Permit, because they are being surrounded by people using their property for commercial businesses in an agricultural area. Mickie Campbell, surrounding property owner, stated she filed a complaint with the Department of Planning Services quite some time ago; however, it was never addressed. Her concern is that Mr. Rodriguez uses open fires to burn his trash on the weekends allowing smoke and debris to blow onto her property, and the open fires are also in close proximity to a gas well. In response to Ms. Campbell, Chair Geile stated there would be Conditions of Approval and Development Standards to meet when Mr. Rodriguez applies for the Use by Special Review Permit. He stated that Ms. Campbell would be able to voice her concerns at that time. Ms. Salzman stated she would be forwarding this complaint to the Department of Health and Environment. In response to these statements, Mr. Rodriguez stated he will have the rest of the trash picked up instead of burning it. Commissioner Masden moved to refer VI #0100062 against Bennie Rodriguez to the County Attorney for legal action,with the instruction to delay action upon such referral until November 13, 2001, to allow adequate time for Mr. Rodriguez to place the vehicle behind the screen, and to file for the Use by Special Review Permit by December 11, 2001. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI #0100096 -GOTCHEY: Trudy Halsey, Department of Planning Services, presented the case report for the record and stated the property is in violation of Sections 29-3-50 and 29-8-40 of the Weld County Code. To bring the property into compliance, the property owner must obtain a Certificate of Occupancy by passing all final inspections. Ms. Halsey stated the original owner applied for the Building Permit in 1999 and sold the property to Robert Gotchey. In response to Chair Geile, Ms. Halsey stated Mr. Gotchey must apply for a new permit in his name because building permits are not transferable to new owners. She presented a picture of the hanger located in the Platte Valley Airpark, labeled Exhibit A, to show that Mr. Gotchey is occupying the hanger without having inspections finalized. Jeff Reif, Department of Planning Services, reitified that building permits are not transferable to new owners, but from time to time staff is willing to work with people who want to complete a project without requiring them to obtain a new permit. Neither Mr. Gotchey nor a representative was present. Henry Butler, surrounding property owner, was present and stated the hanger occupied by Mr. Gotchey is being used for storage rather than for aircraft. Mr. Butler presented a picture of his hanger, marked Exhibit B, to the Board. Responding to Commissioner Vaad, Ms. Halsey stated Mr. Gotchey did not pick up his certified letter regarding the Violation Hearing, but the letter they sent regular delivery has not been returned. Responding to Commissioner Vaad, Mr. Barker stated a certified letter is usually resent, or a Notice of Violation is placed on the door if there is a question concerning proper notification of the violation hearing. Commissioner Vaad moved to continue VI#0100096 against Robert Gotchey until November 13, 2001, to allow adequate time for staff to post the Notice of Violation or send another certified letter to the property owner. The motion was seconded by Commissioner Masden, and it carried unanimously. Hearing Certification, Zoning Violations October 9, 2001 2001-2922 Page 6 PL0824 VI #0100049 -JACKSON: Ms. Salzman, presented the case report for the record and stated the property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-40 and 23-3-40.H of the Weld County Code. To bring the property into compliance the property owner must remove or completely screen the noncommercial junkyard consisting of derelict vehicles, wood, metal, tires and miscellaneous debris from all adjacent properties and the public rights-of-way. Additionally, the number of cats must be reduced to four or a kennel permit must be obtained through the Use by Special Review process. Responding to Chair Geile, Ms. Salzman stated staff would like to continue the case tol November 13, 2001. Neither Doyle Jackson, property owner, nor a representative was present at the hearing. There was no public testimony given. Commissioner Long moved to continue VI #0100049 against Doyle and Lee Ann Jackson until November 13, 2001, to allow adequate time for the property owner to remove or screen the noncommercial junkyard and reduce the number of cats on his property to four. The motion was seconded by Commissioner Long, and it carried unanimously. VI #0100124 - CHAVEZ: Ms. Salzman presented the case report for the record and stated the property is in violation of Sections 23-3-20,23-3-20.B, 23-3-30, 23-3-30.1,23-3-40,23-3-40.R,and 23-3-10 of the Weld County Code. To bring the property into compliance the property owner must remove or completely screen the noncommercial junkyard consisting of numerous derelict vehicles, wood, metal and miscellaneous debris from all adjacent properties and public rights-of-way. Additionally, a Use by Special Review Permit must be obtained or the business and equipment must be completely removed from the property. Ms. Salzman stated the certified return receipts have been returned to the Department of Planning Services, but the property owners have not attempted to correct the violation. Neither Guadalupe or Rose Chavez, property owners, nor a representative was present. There was no public testimony given. Commissioner Vaad moved to refer VI #0100124 against Guadalupe and Rose Chavez to the County Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it carried unanimously. VI #0000289 - BAKER: 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. To bring the property into compliance the property owner must remove the mobile home and remove or screen the noncommercial junkyard consisting of wood and miscellaneous debris from all adjacent properties and public rights-of-way. Ms. Salzman stated the property owner has requested 30 days to remove the mobile home and staff recommends the Board delay action for 30 days. Neither Kathy Baker, property owner, nor a representative was present. There was no public testimony given. Commissioner Masden moved to refer VI #0000289 against Kathy Baker to the County Attorney for legal action, with the instruction to delay action upon such referral until November 13, 2001, to allow adequate time for Ms. Baker to remove the mobile home from her property. The motion was seconded by Commissioner Long, and it carried unanimously. VI#0000300-OLIN: Ms. Salzman presented the case report for the record and stated the property is in violation of Sections 23-3-330, 23-3-330.B, 23-3-330.B.1 and 23-3-330.E of the Weld County Hearing Certification, Zoning Violations October 9, 2001 2001-2922 Page 7 PL0824 Code. To bring the property into compliance the property owner must complete and submit a Site Plan Review application. Ms. Salzman stated Mr. Olin tried to submit his application on Friday; however, it was incomplete. In response to Chair Geile, Ms. Salzman stated staff recommends the Board allow 30 days for Mr. Olin to submit his Site Plan Review to the Department of Planning Services. Neither Mark Olin, property owner, nor a representative was present. There was no public testimony given. Commissioner Long moved to refer VI#0000300 against Mark Olin to the County Attorney for legal action, with the instruction to delay action upon such referral until November 13, 2001, to allow adequate time for Mr. Olin to submit the Site Plan Review. The motion was seconded by Commissioner Vaad, and it carried unanimously. VI #0100190 - LAWSON: Ms. Halsey presented the case report for the record and stated the property is in violation of Sections 29-3-50 and 29-8-40 of the Weld County Code. To bring the property into compliance the property owner must obtain a Certificate of Occupancy and pass all final inspections. Ms. Halsey stated each time they have scheduled an inspection the doors are locked. Mr. Lawson has refused to pay the reinspection fees and stated he will no longer work with her. Neither Kenneth or Bonnie Lawson, property owners, nor a representative was present. There was no public testimony given. Commissioner Jerke moved to refer VI #0100190 against Kenneth and Bonnie Lawson to the County Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it carried unanimously. VI #0100230 - LEMLEY: Ms. Halsey presented the case report for the record and stated the property is in violation of Sections 29-3-50 and 29-8-40 of the Weld County Code. To bring the property into compliance the property owner must obtain a Certificate of Occupancy and pass all final inspections. Ms. Halsey stated Mr. Lemley obtained his Building Permit in 1996 and interpreted the Code to say he would be allowed to keep the permit open as long as needed to complete the project. Ms. Halsey further stated Mr. Lemley has not returned her calls when she pages him, nor has she received a confirmation showing he received the certified letter that was sent to him. Mr. Barker stated he had spoken to Mr. Lemley recently and informed him of today's violation hearing. Mr. Barker stated he would call Mr. Lemley again and asked the Board to continue the case for 30 days. Neither Monty or Sheila Lemley, property owners, nor a representative was present. There was no public testimony given. Commissioner Vaad moved to continue VI #0100230 against Monty and Sheila Lemley until November 13, 2001, to allow adequate time for staff to notify the property owner of the violation hearing. The motion was seconded by Commissioner Long, and it carried unanimously. Hearing Certification, Zoning Violations October 9, 2001 2001-2922 Page 8 PL0824 This Certification was approved on the 15th day of October, 2001. d ��,�` APPROVED: ATTEST: is „_QO/, ��� �� � �- 4\OARD OF OUNTY COMMISSIONERS " 9i tt► .' 4 LD C. INTY, COLORADO x186, " �r Weld County Clerk to the B r. s,�$f -��-L{v J. eile, Ch ir BY: '.. (—A 1 p V Deputy Clerk to the Board c Glenn Vaad, Pro-Tern TAPE #2001-03 -- {( C. i Will H. Jerke vi . Long obert D. Malden Hearing Certification, Zoning Violations October 9, 2001 2001-2922 Page 9 PL0824 Hello