HomeMy WebLinkAbout20013051.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on October 23, 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 - EXCUSED
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#0100090-FLORES/GARCIA: 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 properties and
public rights-of-way. The Board viewed a video taken by Ms. Salzman on October 22, 2001,
showing wood pallets, tires, a derelict vehicle, and miscellaneous debris on the property.
Gaudencio Flores, property owner, and Deputy Aguirre, translator, were present and stated Mr.
Flores plans to use the wood pallets to construct a fence. Responding to Commissioner Vaad, Ms.
Salzman stated the violation was initiated because of a "Community"clean-up project. Mr. Flores
stated he plans to sell the property; however, he will erect a fence to screen the noncommercial
junkyard before he sells it. Responding to Commissioner Vaad, Ms. Salzman stated Mr. Flores
must submit a plan to the Department of Planning Services since he indicated he plans to use the
wood pallets to construct the fence. There was no public testimony given.
Commissioner Vaad moved to refer VI#0100090 against Guadencio Flores and Jose Garcia to the
County Attorney for legal action, with the instruction to delay action upon such referral until
December 23, 2001, to allow adequate time for Mr. Flores to screen the noncommercial junkyard.
The motion was seconded by Commissioner Long, and it carried unanimously.
VI #0000109 - RIVERA: 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
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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 22, 2001, during her inspection. Ms. Salzman stated
there are derelict vehicles, furniture and a van that need to be removed or screened.
Juan Rivera, property owner, and Deputy Aguirre, interpreter, stated a lot of the miscellaneous
debris seen in the video was caused by a recent strong wind. Responding to Commissioner Vaad,
Mr. Rivera stated the derelict vehicles are on his property because he fixes cars. Ms. Salzman
stated the vehicles can be screened if they are for personal use; however, operating a business
without a permit would be a violation. Mr. Rivera stated he only fixes vehicles for his family. Mr.
Rivera further stated he will remove all unlicenced vehicles, wood and furniture from his property
in 30 days. There was no public testimony given.
Commissioner Long moved to refer VI #0000109 against Juan Rivera to the County Attorney for
legal action, with the instruction to delay action upon such referral until November 23, 2001, to
allow adequate time for Mr. Rivera to remove the furniture, wood and derelict vehicles from his
property. The motion was seconded by Commissioner Vaad, and it carried unanimously.
VI#0100085-ACEVEDO/ALDERETE/OROZXO: 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 public rights-of-
way. The Board viewed a video taken by Ms. Salzman on October 22, 2001. Ms. Salzman stated
the property owner has made considerable progress and only two derelict vehicles remain in
violation.
Maria Alderete, property owner, and her interpreter were present and stated one of the vehicles
is operable and not in violation. Responding to Chair Geile, Ms. Salzman stated she will reinspect
the property to be certain the other vehicle is not derelict. There was no public testimony given.
Commissioner Vaad moved to refer VI #0100085 against Jacinto Acevedo and Maria Alderete,
owners, and Jose Orozco, tenant, to the County Attorney for legal action, with the instruction to
delay action upon such referral until November 23, 2001, to allow adequate time for Ms. Alderete
to remove the derelict vehicle from the property. The motion was seconded by Commissioner
Jerke, and it carried unanimously.
VI #0100205 - PEDRAZA/ HUERTA: 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 public rights-of-way. Additionally,the
derelict mobile home must be repaired or removed. The Board viewed a video taken by Ms.
Salzman on October 22, 2001. Ms. Salzman stated the former tenant no longer lives on the
property and considerable progress has been made;however,there are wood pallets, burn barrels
and a derelict truck bed that need to be screened or removed from the property, in addition to
removing or repairing the mobile home. Responding to Lupe Pedraza, property owner, Ms.
Salzman stated if the mobile home can be set up as a Non-Conforming Use, the windows can be
boarded. She will also have Phil Brewer from the Department of Environmental Health call them
regarding a permit to burn the wood pallets.
Hearing Certification, Zoning Violations
October 23, 2001 2001-3051
Page 2 PL0824
Ms. Pedraza and Jesse Huerta were given the Power of Attorney on the property. There was no
public testimony given.
Commissioner Long moved to refer VI#0100205 against Lupe Pedraza to the County Attorney for
legal action, with the instruction to delay action upon such referral until November 23, 2001, to
allow adequate time for the property owner to bring the property into compliance. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
VI #0100226 - COWAN: 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.H,23-3-40.O,and
23-3-50 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, the number of animal units is limited to four; therefore, the number of
dogs/cats must be reduced to four,or a kennel permit must be obtained through the Use by Special
Review process. The Board viewed a video taken by Ms. Salzman on October 22, 2001, showing
horses, goats, poultry, scrap iron, wood, paint cans and miscellaneous debris.
Responding to Ms. Salzman, David Cowan, property owner, stated he has three horses on his
property and the rest of the animals on the video belong to surrounding property owners. Ms.
Salzman stated Mr. Cowan will have to submit his plan to construct a six-foot fence from cable
spools to the Department of Planning Services. Mr. Cowan stated he raises dogs and was not
aware he was required to have a Use by Special Review Permit for the kennel. Chair Geile
informed Mr. Cowan that he can meet with an on-call planner to start the application process.
Responding to Commissioner Vaad, Bruce Barker, County Attorney, stated if the Use by Special
Review Permit is granted, the violation goes away. There was no public testimony given.
Commissioner Vaad moved to refer VI #0100226 against David and Lona Cowan to the County
Attorney for legal action,with the instruction to delay action upon such referral until December 23,
2001, to allow adequate time for Mr. Cowan to apply for the Use by Special Review Permit and
screen or remove the noncommercial junkyard. The motion was seconded by Commissioner Long,
and it carried unanimously.
VI #0100088 - ALONZO: 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 public rights-of-way. The Board viewed
a video taken by Ms. Salzman on October 22, 2001, showing several tarp-covered vehicles,
miscellaneous wood, and additional vehicles on the other side of the property that are only
screened on three sides, and can be seen from the road. Ms. Salzman explained the violation to
Salvador and Maria Alonzo,property owners,and stated they must license the vehicles or complete
the fourth side of the fence so the vehicles are completely screened. Responding to Commissioner
Jerke, Ms. Salzman stated even though there are numerous vehicles parked under the carport,
there is no evidence of a commercial garage.
Responding to Ms. Salzman's comments regarding chicken coups behind the cars, Maria Alonzo,
property owner, stated they raise chickens and roosters during the summer. Responding to
Commissioner Vaad, Ms. Alonzo stated the sign next to the fence is a No Trespassing Sign. S he
Hearing Certification, Zoning Violations
October 23, 2001 2001-3051
Page 3 PL0824
stated they would need ninety (90) days to complete the fence and remove the vehicles that are
not theirs. Ms. Salzman stated progress has been made on the property, and the fence they
started is very nice. There was no public testimony given.
Commissioner Vaad moved to refer VI#0100088 against Salvador and Maria Alonzo to the County
Attorney for legal action, with the instruction to delay action upon such referral until January 23,
2002, to allow adequate time for Mr. Alonzo to complete the fence and remove the vehicles that
are not theirs. The motion was seconded by Commissioner Long, and it carried unanimously.
VI #0100068 - BALDERRAMA: 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 23-3-40 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, all
commercial equipment must be removed from the site. The Board viewed a video taken by Ms.
Salzman on October 22, 2001, showing a semi, two semi-trailers, a truck-bed, and tires on the
property. Ms.Salzman stated she corresponded with Mr. Balderrama prior to the hearing regarding
applying for a Use by Special Review Permit if the trucks are part of a home-based business.
Maria Balderrama, property owner,accompanied by her daughter, Myra, as her interpreter, stated
Mr. Balderrama is planning to sell the truck and they have been looking for another place to park
their semi. Responding to Commissioner Vaad, Myra stated the tires will be moved with the semi-
trailers. There was no public testimony given.
Commissioner Vaad moved to refer VI #0100068 against Edmundo and Maria Balderrama to the
County Attorney for legal action, with the instruction to delay action upon such referral until
November 23, 2001, to allow adequate time for the property owners to find another place to park
their semi-trailers. The motion was seconded by Commissioner Long. Upon a call for the vote the
motion carried with Commissioner Jerke opposed.
VI #0100073 - ARDEN: 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 public rights-of-way. The Board viewed
a video taken by Ms. Salzman on October 22, 2001, showing barrels, furniture,wood, paint cans,
derelict vehicles,and miscellaneous debris scattered throughout the property. Neither the property
owners nor a representative was present at the hearing. Responding to Commissioner Vaad, Ms.
Salzman stated staff sent a certified letter to the property owners, but have not received the return
receipt. There was no public testimony given.
Commissioner Vaad moved to continue VI #0100073 against Lloyd and Edith Arden until
November 13, 2001, to allow adequate time for staff to notify the property owners of the violation
hearing. The motion was seconded by Commissioner Long, and it carried unanimously.
VI #0100069 - WOOD: 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 public rights-of-way. Ms. Salzman stated
Hearing Certification, Zoning Violations
October 23, 2001 2001-3051
Page 4 PL0824
the property owners have made significant progress on the property and the only item still in
violation is one derelict vehicle. The Board viewed a video taken by Ms. Salzman on October 22,
2001 showing an expired license plate on the vehicle. Neither the property owners nor a
representative was present at the hearing. Responding to Commissioner Jerke, Ms. Salzman
stated notification of the hearing was sent to the property owners, but staff will contact them about
continuing the violation until the next hearing. There was no public testimony given.
Commissioner Jerke moved to continue VI #0100069 against William and Melissa Wood until
November 13, 2001, to allow adequate time for staff to notify the property owners of the violation
hearing. The motion was seconded by Commissioner Long, and it carried unanimously.
This Certification was approved on the 31st day of October, 2001.
APPROVED:
ATTEST: "` N �,e.;:.<, ELI, % BOARD OF OUNTY COMMISSIONERS
'WELD CO.,./ TY, COLORADO
Weld County Clerk to the !Dili 7Q =��" - A -cc -
BY: .4 t J. eile, C air
Deputy Clerk to the Boa .` (�/N r';ti_. .i aL A
asp S Glenn Vaad,Pro-Tem
TAPE #2001-04 i 171-
Jerke
David E. Long
EXCUSED
Robert D. Masden
Hearing Certification, Zoning Violations
October 23, 2001 2001-3051
Page 5 PL0824
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