HomeMy WebLinkAbout20010841 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on April 10, 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, Jeff Reif
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#0000188-ELLIOTT: 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, 23-3-40,
and 23-3-40.D of the Weld County Code. In order to bring the property into compliance, a Use by
Special Review Permit must be obtained to operate the commercial business. The Board viewed
a video of the subject property Ms. Salzman made during her April 9, 2001, inspection. The video
showed various pieces of commercial equipment visible from Highway 52.
Michael Quinn, representative for Molly Elliott, was present, and stated he has completed 95
percent of the Use by Special Review application; however, he needs a few more days to get the
Certificate of Conveyance needed to continue the commercial business on the property.
Responding to Commissioners Geile and Vaad, Ms. Salzman stated staff has been working with
the property owner; however they have not received the completed application at this time and
there is no guarantee the permit will be approved.
Responding to Commissioner Vaad, Mr.Quinn stated all his neighbors approve of the business and
solicit his services. The business consists of using farm and construction machinery for off-site
repair and maintenance. Responding to Chair Geile, Bruce Barker, County Attorney, stated
business owners are allowed to continue to operate if they are in the process of applying for a Use
by Special Review Permit. If it is not granted, the business must cease at that time. There was
no public testimony given.
2001-0841
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Commissioner Vaad moved to refer VI #0000188 against Molly Elliott to the County Attorney for
legal action, with the instruction to delay action upon such referral until August 10, 2001, to allow
adequate time for the property owner to obtain a Use by Special Review Permit. The motion was
seconded by Commissioner Long, and it carried unanimously.
VI #9900143 - MCCONNELL: 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,and 23-3-20.P of the Weld County Code.
To bring the property into compliance,the property owner must obtain a Zoning Permit for a Mobile
Home. The Board viewed a video of the subject property Ms. Salzman made during her inspection
on April 9, 2001. The video showed surrounding properties and the mobile home site.
Responding to Chair Geile, Jacqueline McConnell, owner of the mobile home, stated she had
moved to the property owned by her parents, Hearst and Nancy Presley, six months ago because
her mother had heart surgery. As a result of applying for a Recorded Exemption to care for her
mother, she received a violation for not having a Zoning Permit for a Mobile Home. Ms. McConnell
stated she and her husband have other property in Teller County and have recently applied for a
permit to build a home there. She plans to remove the mobile home from her parent's property as
soon as the new home is completed. There was no public testimony given.
Commissioner Masden moved to refer VI #9900143 against Jacqueline McConnell to the County
Attorney for legal action,with the instruction to delay action upon such referral until December 31,
2001,to allow the property owner to occupy the mobile home during the construction period of their
new home, with the stipulation they remove the mobile home from the premises by the end of the
year. The motion was seconded by Commissioner Vaad, and it carried unanimously.
VI #0000125 -AUTOBEE: 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 owner must
obtain a building permit for the mobile home, and must remove or completely screen the
noncommercial junkyard consisting of derelict vehicles, metal barrels, wood, appliances and
miscellaneous debris, from all adjacent properties and public rights-of-way. The Board viewed a
video of the subject property Ms. Salzman made during her April 9, 2001, inspection. The video
showed three sides of the property have been screened.
Responding to Commissioner Vaad, JoAnna Autobee, property owner, and Raymond Fischer,
representative, indicated they had vacated the Use by Special Review Permit for the ballpark on
their property in order to move into the mobile home on one of the lots. Mr. Fischer stated there
are two other buildings on the property that are permitted, one of which has been their home for
the past six years. He indicated the Department of Planning Services notified him that the two
buildings could no longer be used if the mobile home became their residence. Responding to
Commissioner Vaad, Monica Mika, Director of Planning Services, stated the deed is listed as one
piece of property consisting of two parcels; therefore,staff is treating it as one lawful building site.
Ms. Mika recommended staff receive an additional 30 days to work with the property owner to
resolve the issue. There was no public testimony given.
Hearing Certification, Zoning Violations
April 10, 2001 2001-0841
Page 2 PL0824
Commissioner Vaad moved to refer VI#0000125 against JoAnna Autobee to the County Attorney
for legal action, with the instruction to delay action upon such referral until May 10, 2001, 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#0000341 -STEPHENS: 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 property owner must remove
or screen the noncommercial junkyard from all adjacent properties and public rights-of-way. The
Board viewed a video of the subject property Ms. Salzman made during her April 9, 2001,
inspection. The video showed much of the junkyard has been removed and the property has been
screened.
Responding to Chair Geile, Larry Stephens, property owner, reiterated that most of the junkyard
has been removed and screening erected. There was no public testimony given.
Commissioner Long moved to refer VI #0000341 against Larry Stephens to the County Attorney
for legal action, with the instruction to delay action upon such referral until May 10, 2001, 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 #0000225 - GOMEZ: 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 noncommercial junkyard must be removed or completely
screened from all adjacent properties and public rights-of-way. The Board viewed a video of the
subject property Ms. Salzman made during her April 9, 2001, inspection. She stated there are
numerous piles of concrete, wood, metal, and a detached garage in violation of the building code
on the property. Neither the property owners nor a representative were present. There was no
public testimony given.
In response to Commissioner Vaad, Ms. Salzman stated the property owners have not returned
their phone calls or attempted to contact the Department of Planning Services. Certified letters
have been sent,and the receipts have been returned,supporting the fact the letters were delivered
and signed at the site even though the property owners do not reside there.
Commissioner Vaad moved to refer VI #0000225 against Wayne Gomez to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI #0000066 - PALERMO: 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 from all adjacent property owners and public rights-of-way. Upon a visual
inspection April 9, 2001, Ms Salzman stated the property owner has screened three sides of the
property and will screen the fourth side if there are more complaints. Responding to Commissioner
Jerke, Ms. Salzman stated Mr. Palermo owns 23 acres of property directly behind the property in
violation, so the fourth side is not visible to neighboring property.
Hearing Certification, Zoning Violations
April 10, 2001 2001-0841
Page 3 PL0824
Commissioner Jerke moved to dismiss the case VI #0000066 against Timothy Palermo. The
motion was seconded by Commissioner Vaad, and it carried unanimously.
This Certification was approved on the 16th day of April, 2001.
APPROVED:
ATTEST: auli �'.__�'®`� BOARD OF COUNTY COMMISSIONERS
WELD CO Y, COLORADO
Weld County Clerk to (g . i 41O
M/ . , eile, air
Deputy Clerk to the ( / IL
��►� Glenn Vaad, Pr Ti
TAPE#2001-01
#2001-02 HJerke
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Robert D. Masden
Hearing Certification, Zoning Violations
April 10, 2001 2001-0841
Page 4 PL0824
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