HomeMy WebLinkAbout20013400.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on December 11, 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
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#0100241 -SHELTON: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.C,
23-3-40, 23-3-40.B.16, 23-3-50, 23-3-50.D, and 23-4-710 of the Weld County Code. To bring the
property into compliance the property owner must obtain approval and record a plat for a Use by
Special Review, or the number of animal units must be reduced to fall within the guidelines as
established through the bulk requirements. Additionally,the facility must be in compliance with the
Colorado Confined Animal Feeding Operation Control Regulations (CAFO Regulations). Ms.
Salzman stated there are six different properties in question. She stated the property has enough
acreage; however, due to the roads separating the property, it isn't contiguous and there are too
many animal units on the smaller properties. The Board viewed a video taken by Ms. Salzman on
December 10, 2001, showing the various uses of each of the properties and also viewed a map
of the property on the overhead projector. Ms. Salzman stated there are other issues, such as
derelict vehicles and a derelict mobile home that will be addressed when the property owners apply
for the Use by Special Review Permit.
Responding to Commissioner Vaad, Jo Peden, Department of Public Health and Environment,
stated the original complaint was received in May, 2002, during the spring storms. She stated a
pipe was used to drain the lagoons so they would not overflow and a large amount of discharge
flowed under the road, into the irrigation ditch, and onto the neighboring property. Chair Geile
referred to a letter from Ron Shelton, property owner, stating the problems would be
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taken care of; however, Ms. Peden stated she has not received any verification from Mr. Shelton
that the issues have been resolved.
Ron Shelton, Vice-President of Shelton Land and Livestock, Limited, stated there was too much
water for the lagoons to handle during the spring rains in May and it created complications. Mr.
Shelton stated they tried to make the best of a bad situation and diverted the water onto the
property they were renting. He stated they have applied for a Colorado Discharge Permit to allow
them to release water in the event of chronic rain situations. Responding to Chair Geile, Mr.
Shelton stated they have adequate acreage for the cattle and have important segments of their
business located on each of the three parcels;however, because of the roads dividing the property,
the number of animals on each of the parcels exceeds the Use by Right which allows four animals
per acre. Responding to Commissioner Vaad, Mr. Shelton stated they need to complete some
requirements before they can apply for a Use by Special Review Permit.
Derald Lang, consultant, stated some surveys need to be completed by a company out of Texas
before they can submit the Use by Special Review application. Responding to Chair Geile, Mr.
Lang stated it will take an additional 60 days before he will have the plot plan ready for the
application. Following discussion, Ms. Salzman responded to Commissioner Jerke that the dairy
does not fall under a Non-Conforming Use because the number of cows increased from 32 in 1972
to over 2,000 at the present time. Ms. Salzman stated the Department of Planning Services will
accept the application for the Use by Special Review Permit with a scale drawing instead of a
completed survey at this time. There was no public testimony given.
Responding to Commissioner Geile, Mr. Shelton stated they are waiting for the results from the
Manure Management Plan, and this plan needs to be in place before they can apply for the Use
by Special Right Permit.
Commissioner Jerke moved to refer VI #0100241 against Shelton Land and Livestock, LTD, Go
Ron Shelton, to the County Attorney for legal action, with the instruction to delay action upon such
referral until June 11, 2002, to allow adequate time for the property owner to process the Use by
Special Review Permit. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
VI#0100242 - DEGERLIA: 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 from all adjacent properties and all public rights-of-way. The Board
viewed a video taken by Ms. Salzman on December 10, 2001.
Danial Degerlia, property owner, stated he would like a continuance because he is in the process
of accepting bids to have a cement floor put in his shed. Mr. Degerlia further stated he inherited
the noncommercial junkyard from the previous property owner, and has been trying to clean up the
property. Most of the items have been screened except for the derelict vehicles, and he plans to
put them in the shed as soon as the cement floor has been poured. There was no public testimony
given.
Commissioner Vaad moved to refer VI #0100242 against Danial Degerlia to the County Attorney
for legal action, with the instruction to delay action upon such referral until February 11, 2002, to
Hearing Certification, Zoning Violations
December 11, 2001 2001-3400
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allow adequate time for the property owner to install the concrete floor in the shed and move the
derelict vehicles inside the shed. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0100039 - MCFARLIN: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-120, 23-3-120.B, and 23-3-120.C of the Weld County
Code. To bring the property into compliance the property owner must remove the noncommercial
junkyard which is not an allowed use in the Residential Zone District. Ms. Salzman stated there
has been substantial improvement according to the visual inspection on December 10, 2001. The
Board also viewed a video taken by Mr. Salzman on December 10, 2001.
Vernon McFarlin, property owner, stated he would like an additional 60 days to continue cleaning
up the property, and Ms. Salzman stated staff would recommend the continuance.
Commissioner Masden moved to refer VI #0100039 against Vernon and Fonda McFarlin to the
County Attorney for legal action, with the instruction to delay action upon such referral until
February 11, 2002, to allow adequate time for the property owner to clean up the rest of the
property. The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0100212 - CLARK: 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, 23-4-140, 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 all public rights-
of-way. Additionally, the two mobile homes without permits must be removed, permitted or
demolished. The Board viewed a video taken by Ms. Salzman on December 10, 2001. She stated
the property owners have been trying to bring the property into compliance and have been in
constant contact with the Department of Planning Services. There is only one Building Permit and
one Demolition Permit active at the present time.
Roger and Renate(aka. Isabelle)Clark,were present and stated they were not aware until this past
August that they could not use the mobile homes for storage. They applied for a Demolition Permit
and both homes used as storage units were listed on the same Permit. Ms. Clark stated they have
not applied for a Demolition Permit for the home they're presently living in while the manufactured
home is under construction because staff informed them they had six months from the time they
applied for the permit until that one needed to be demolished. Mr. Clark stated he is in the process
of moving fencing onto the property to screen the derelict vehicles. He further stated they have
applied for a construction loan and everything should be completed by February, which is the
amount of time they were allotted by the Department of Planning Services. Mr. Clark stated their
current dwelling will need to be demolished and they will apply for that permit today if that is
necessary.
Ms. Salzman stated a time-line needs to be set up for the screening of the noncommercial junkyard
and staff would not oppose if it was extended to March 5, 2002, which is the date the final
inspections need to be completed on the manufactured home. There was no public testimony
given.
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December 11, 2001 2001-3400
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Commissioner Jerke stated it would be very hard to complete all the projects during the winter
months and suggested giving the property owners an additional six months to complete the
projects.
Commissioner Jerke moved to refer VI #0100212 against Roger and Renate Clark to the County
Attorney for legal action,with the instruction to delay action upon such referral until June 11, 2002,
to allow adequate time for the property owners to screen the noncommercial junkyard, complete
the construction of the manufactured home and demolish two mobile homes. The motion was
seconded by Commissioner Long, and it carried unanimously. Commissioner Vaad stated he
supports the motion; however, it should not be an indication of a trend for future cases.
VI #0100133 - JONES: 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, and 29-3-10 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 all public rights-of-way. Additionally,
the parking of a semi is not an allowed use in a subdivision. Lastly, a Building Permit must be
obtained for the structure which has been constructed on the property.
Commissioner Masden stated he recently spoke with the property owner and due to the death of
her husband and a recent surgery, she has been unable to do the work herself.
Mary Jones, property owner,stated her husband had previously called the Department of Planning
Services and was told they could build a chicken pen without a permit; however, dogs killed her
chickens, so she is not using the chicken pen. The only person able to help her at this time is her
brother-in-law, and he is mentally impaired. Her husband had no life insurance and she was laid
off from her job a month ago. Ms. Jones stated she has removed six vehicles from her property
and the semi and another vehicle on the property have "For Sale" signs on them. She further
stated her step-daughters plan to purchase the remaining vehicles and must travel to Colorado to
pick them up. There was no public testimony given.
Commissioner Masden moved to refer VI#0100133 against Mary Jones to the County Attorney for
legal action, with the instruction to delay action upon such referral until June 11, 2002, to allow
adequate time for the property owner to sell the semi and another vehicle, and time for her step-
daughters to travel to Colorado and buy the remaining vehicles. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
VI #0100081- SWARTZ: 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 receive a
Certificate of Occupancy and pass all final inspections. Ms. Halsey stated the property owners did
have an inspection done on December 10, 2001, and they now know what needs to be completed
in order to pass the final inspection.
Tammy Swartz, property owner, stated they had been unable to complete their home because of
financial difficulties, but should have everything finished and final inspections completed in
approximately ten days. There was no public testimony given.
Hearing Certification, Zoning Violations
December 11, 2001 2001-3400
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Commissioner Vaad moved to refer VI#0100081 against Mitchell and Tammy Swartz to the County
Attorney for legal action, with the instruction to delay action upon such referral until February 11,
2002,to allow adequate time for the property owners to finish building their home and pass the final
inspections. The motion was seconded by Commissioner Long, and it carried unanimously.
VI #0000222 - KREAGER: 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 receive a Certificate of Occupancy and pass all
final inspections. Ms. Halsey stated the original permit date was in 1997, and she reinitiated the
violation last August because no one was working on it. Responding to Commissioner Jerke, Ms.
Halsey stated Bruce Gilmore is also listed on the ownership papers.
Kenneth Kreager,property owner,stated Mr.Gilmore and himself own 120 acres. Mr. Gilmore filed
for a Recorded Exemption when the property was purchased and built a new home on his portion
of the property, and Mr. Kreager got the old house which he planned to renovate. Mr. Kreager
stated he received the initial permit four years ago, and after inspecting the home, he realized he
would need to remodel it in sections, because it had been built in six separate stages. He further
stated he and his wife live in part of the home while he works on the other half. Mr. Kreager stated
during the time he was working on the home, the inspector signed off on the portions he was
working on, so he thought that meant it was approved. Another inspector took over and told them
he would not accept the work that had been done and he would have to tear it all down and start
over,so he became frustrated and discontinued work on the house. There was no public testimony
given.
Responding to Commissioner Jerke, Jeff Reif, Department of Planning Services, stated there are
a number of ways to handle staged inspections. He stated as long as there is continual progress
being made,each time a new permit is taken out for a certain portion of the home, it will extend the
time period for completing the work on the rest of the house. Responding to Commissioner Vaad,
Mr. Reif stated an Occupancy Permit is not needed to move into an older home which is being
renovated.
Commissioner Vaad moved to refer VI #000222 against Kenneth Kreager to the County Attorney
for legal action, with the instruction to delay action upon such referral until June 11, 2002, to allow
adequate time for the property owner to apply for a Building Permit for the portion of the house he
is renovating. The motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0100061 - REESE: 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.T, 29-3-50, and 29-3-320 of
the Weld County Code. To bring the property into compliance the property owner must remove
all advertisements through the Internet and telephone book. Additionally,the property must cease
all activities associated with the "Bed-n-Breakfast" or a Use by Special Review Permit must be
completed, approved and a plat recorded. Ms. Salzman stated the property is known as Van
Winkle's Cave, and according to the last conversation she had with Mr. Reese, he stated they
would cease all operations and advertising; however, as of this morning, the property owners are
still advertising through the internet.
Commissioner Masden moved to refer VI #0100061 against Brett and Chris Reese to the County
Hearing Certification, Zoning Violations
December 11, 2001 2001-3400
Page 5 PL0824
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
This Certification was approved on the 17th day of December, 2001.
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Hearing Certification, Zoning Violations
December 11, 2001 2001-3400
Page 6 PL0824
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