HomeMy WebLinkAbout20011841.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on July 10, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern
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#0100099-BISSETT:Bethany Salzman,Department of Planning Services, presented the case
report for the record and stated the property is in violation of Sections 23-3-20,23-3-20.P,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 remove or completely screen the noncommercial junkyard from all adjacent property owners
and public rights-of-way. Ms. Salzman stated Bill Bissett, property owner, has applied for a Zoning
Permit and indicated the application will be going before the Planning Commission with a concern
that family members live in the camper trailers on the property at various times during the year and
the units need to be vacated as dwelling units. The Board viewed a video taken by Ms. Salzman
showing camper trailers without current license plates, an additional mobile home without zoning
or building permits, tires, wood, metal, and a truck bed.
Responding to Commissioner Vaad, Ms. Salzman stated the original Mobile Home Permit was for
a dual purpose: first for a partial medical hardship, and second to use it as an accessory to farm.
Neither the property owners, nor a representative was present at the meeting.
Craig Lind,surrounding property owner,presented public testimony and offered additional pictures
to be included as an exhibit to the file. Mr. Lind stated the mobile home is only 12 feet from his
barn and a tenant has been occupying the home since March without water or a septic system;
therefore, the sewage drains onto his property.
2001-1841
ple P2i C.4 PL0824
Commissioner Jerke moved to refer VI #0100099 against Bill and Melanie Bissett to the County
Attorney for immediate action.The motion was seconded by Commissioner Masden,and it carried
unanimously.
VI #0100206 - GRIFFITH: 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 23-3-40 of the Weld County Code. To
bring the property into compliance,the property owner must remove the camper trailer/recreational
vehicle from the property or discontinue utilizing the camper trailer as a dwelling unit. Another
option is to obtain a Building Permit for a residence in order to apply for a Temporary During
Construction Zoning Permit for the camper trailer. The Board viewed a video of the camper trailer
taken by Ms. Salzman during her inspection. Ms. Salzman stated the camper trailer is set back
and is only used three months out of the year during elk calving season.
Bruce Griffith, representative for Elva Griffith, property owner, stated he is building a home across
the street for a friend and will only use the camper trailer until the end of calving season. He
applied for a Change of Zone for a Minor Subdivision; however, he cannot proceed until the
violation is cleared up. Responding to Commissioners Vaad, Geile, and Jerke, Mr. Griffith stated
he would be applying for a Building Permit in approximately six months and would not be using the
camper trailer after the month of July except to keep medicines cooled. He is willing to get a
license for the camper trailer if it is not licensed at this time. Bruce Barker, County Attorney,
recommended the Board dismiss the case and bring it back at a later date if necessary. There was
no public testimony given.
Commissioner Vaad moved to dismiss VI #0100206 against Elva Griffith. The motion was
seconded by Commissioner Long, and it carried unanimously.
VI #0000082 - SAND: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-150,23-3-150.B,and 23-3-150.C of the Weld County Code.
Ms. Salzman stated the property owner must remove the noncommercial junkyard from the
property and must also obtain a building permit for the two mobile homes on the property that have
been connected. The Board viewed a video taken by Ms. Salzman during her inspection. Ms.
Salzman stated the disassembled car is being used to fix the tenant's personal car and will be
removed from the property within two weeks.
Virginia Sand, property owner, stated she was not aware the former Building Permit obtained in
1990 had expired. Responding to Commissioner Vaad, Ms. Sand understands she needs to
obtain a new permit and request an inspection. Ms. Sand stated she is also aware the vehicles
remaining on the property must be licensed and in running order. There was no public testimony
given.
Commissioner Vaad moved to refer VI#0000082 against Virginia Sand to the County Attorney for
legal action, with the instruction to delay action upon such referral until September 11, 2001, to
allow adequate time for the property owner to obtain a new building permit, have an inspection
completed, and remove or license the remaining vehicles. The motion was seconded by
Commissioner Jerke, and it carried unanimously.
Hearing Certification, Zoning Violations
July 10, 2001 2001-1841
Page 2 PL0824
VI #0100003 -GOMEZ-(AQUIRRE): 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,23-4-140,23-4-200,and 29-7-10
of the Weld County Code. Ms. Salzman stated all violation correspondence was mailed to Julian
Gomez and staff has just been made aware that the property was sold to Jose and Frances Aguirre
and recorded on April 3, 2001. To bring the property into compliance, the property owners must
complete all necessary building inspections as required by their Building Permit. This would also
bring their Zoning Permit back into compliance.
Jose and Frances, property owners were present and represented by George Baxter. Mr. Baxter
stated the property owners are willing to get the violation resolved as soon as they can get a clear
title on the property which was formerly transferred by the County to Mr. Gomez. Responding to
Commissioner Jerke, Mr. Baxter stated financing is available to the property owners as soon as
they can obtain the final signature. There was no public testimony given.
Commissioner Long moved to refer VI#0100003 against Jose and Frances Aguirre to the County
Attorney for legal action,with the instruction to delay action upon such referral until September 11,
2001,to allow adequate time for the property owners to obtain the final signature and complete all
necessary building inspections. The motion was seconded by Commissioner Vaad , and it carried
unanimously.
VI#0100050-JAGUAR GROUP LLC/SAATHOFF: 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.R,
29-3-50 and 29-3-320 of the Weld County Code. In order to bring the property into compliance,
the property owner must obtain a Use by Special Review Permit and a Building Permit to change
the use from agricultural to a commercial/production type of business. The property owner must
also remove or screen the noncommercial junkyard from all adjacent property owners and public
rights-of-way. The Board viewed a video taken by Ms. Salzman during her inspection. Ms.
Salzman stated there is a lot of wood debris from the firewood business,as well as derelict vehicles
on the property. Ms. Salzman stated on June 12, 2001, the property owner indicated he would
cease the operation, but neighbors have called to say the business has not ceased. Neither the
property owner nor a representative was present.
Scott Jeffries, surrounding property owner, stated the property owner informed the neighbors he
would cease and desist operatings in June; however, he was still operating the commercial
business the evening prior to the July 10th hearing date. Mr. Jeffries submitted pictures to the
Board to be added to the file.
Commissioner Jerke moved to refer VI#0100050 against Jaguar Group LLC/Don Saathoff to the
County Attorney for legal action, with the instruction to delay action upon such referral until
September 11, 2001. The motion was seconded by Commissioner Masden. Upon a call for the
vote the motion failed with Chair Geile, and Commissioners Long and Vaad opposed.
Commissioner Vaad moved to refer VI#0100050 against Jaguar Group LLC/Don Saathoff to the
County Attorney for legal action, with the instruction to delay action upon such referral until
August 14, 2001. The motion was seconded by Commissioner Jerke. Upon a call for the vote the
motion carried with Chair Geile opposed.
Hearing Certification, Zoning Violations
July 10, 2001 2001-1841
Page 3 PL0824
VI #0100046 -LUTZ: 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, 23-3-202, 23-4-140, 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 must obtain a Zoning Permit for a Mobile Home,a Building Permit, and follow through
with any required inspections. The Board viewed a video taken by Ms. Salzman during her
inspection showing the mobile home in violation,derelict vehicles,wood,and miscellaneous debris.
Responding to Commissioners Geile and Vaad, Ms. Salzman stated the property consists of two
separate parcels, a one-acre lot and a .02-acre lot. Both of the parcels are platted parcels and a
mobile home is allowed on each of the properties if they are granted permits. Neither the property
owner nor a representative was present.
Bob Alberts, surrounding property owner, stated he called the Planning Department to see if Mr.
Lutz, property owner, had a Mobile Home Permit when he moved the second mobile home on to
the property,took the wheels off and parked it. Responding to Commissioner Masden, Mr.Alberts
stated there are no sewer or water facilities available on the small parcel which became available
when the ditch was straightened. Ms. Salzman stated if the property owners apply for a Zoning
Permit, staff will determine if the small parcel is a legal buildable lot.
Commissioner Masden moved to referVI#0100046 against Ryan and Rebecca Lutz to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Long, and it
carried unanimously.
VI #0100047 - DIENGDOH: 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, 23-3-30, and
23-3-30.1 of the Weld County Code. To bring the property into compliance the property owner or
tenant must remove or completely screen the noncommercial junkyard consisting of a derelict
camper trailer from all adjacent properties and public rights-of-way. There were six to ten derelict
vehicles on the property when the violation originated, and the camper trailer is the only one that
remains to be screened or licensed at this time. Ms. Salzman stated she performed a site
inspection June 27,2001,at which time she explained the violation to Marjorie Langley,the tenant.
Numerous notifications have also been sent to the property owner. Neither the property owner,the
tenant, nor a representative was present. There was no public testimony given.
Commissioner Vaad moved to refer VI#0100047 against Abstar Diengdoh to the County Attorney
for legal action, with the instruction to delay action upon such referral until August 14, 2001, to
allow adequate time for Ms. Langley to license or screen the camper trailer in case of a
misunderstanding. The motion was seconded by Commissioner Jerke,and it carried unanimously
VI#9800172 -SAINT: Ms. Salzman, Department of Planning Services, presented the case report
for the record and stated the property is in violation of Sections 23-3-150, 23-3-150.B and
23-3-150.C of the Weld County Code. To bring the property into compliance the property owner
must completely remove the noncommercial junkyard consisting of numerous derelict vehicles,
automobile parts,wood,appliances,trash and miscellaneous debris from the property. The Board
viewed a video taken by the Social Services Department also showing miscellaneous debris in the
back yard. Ms. Salzman stated there have been reoccurring violations on this property.
Responding to Commissioner Vaad, Julie Chester, Department of Planning Services stated
Hearing Certification, Zoning Violations
July 10, 2001 2001-1841
Page 4 PL0824
Barbara Saint, property owner,was in violation in 1995 also. Ms. Chester stated the property had
been cleaned up at the time, but a short time later the property was in violation again. Neither the
property owner nor a representative was present. There was no public testimony given.
Commissioner Vaad moved to refer VI#9800172 against Barbara Saint to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
VI#0000022-EGGLESTON: 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.A,23-3-30,
23-3-30.1,29-3-320,and 29-11-30 of the Weld County Code. To bring the property into compliance
the property owner must abate the second dwelling unit previously used as a shed, and remove
or screen the noncommercial junkyard consisting of derelict vehicles, a derelict boat, wood,
furniture, trash, and miscellaneous debris from all adjacent property owners and public
rights-of-way. The Board viewed a video taken by Ms. Salzman showing five derelict vehicles,
40 tires, wood, trash, and the shed occupied by the property owner's son. Ms. Salaman stated
there are electrical cords going to the shed, and a chain link fence surrounding the property which
prohibits a site inspection. Neither the property owner nor a representative was present. There
was no public testimony given.
Commissioner Masden moved to refer VI #0000022 against Michael and Cheryl Effleston to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Long,
and it carried unanimously.
VI #0100147 - HACKETT: Trudy Halsey, 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. To bring the property into compliance the property owner must finish all building permits,
comply with all Sections of the Weld County Code, and remove or screen the noncommercial
junkyard from all adjacent property owners and public rights-of-way. Ms. Halsey stated the
junkyard consists of derelict vehicles, pallets, appliances and miscellaneous debris. In addition,
the Department of Public Health and Environment is currently working on this case regarding the
sewer. Responding to Commissioner Vaad, Ms. Halsey stated the initial complaint was received
when the Department of Planning discovered the Building Permit had expired. Responding to
Commissioner Jerke, Ms. Salzman stated the Weld County Code would need to be revised to
exclude a noncommercial junkyard from the Agricultural Zone. Ms. Halsey stated the property
owner has not responded to letters or notices that have been sent to her. Neither the property
owner nor a representative was present. There was no public testimony given.
Commissioner Vaad moved to continue VI#0100147 against Mary Hackett until August 14, 2001,
to allow adequate time for staff to post the Notice of Violation on the property owner's door. The
motion was seconded by Commissioner Long. Upon a call for the vote the motion carried with
Commissioner Jerke opposed.
VI #0000044 - MONAGHAN: Ms. Halsey, Department of Planning Services, presented the case
report for the record and stated the property is in violation of Section 29-3-10 of the Weld County
Code. To bring the property into compliance the property owners must obtain a Building Permit
Hearing Certification, Zoning Violations
July 10, 2001 2001-1841
Page 5 PL0824
and receive all final inspections. Responding to Commissioners Vaad and Geile, Ms. Halsey
stated the property owners are building a garage without a building permit and have picked up the
certified letters notifying them of the violation. Neither the property owner nor a representative
was present at the meeting. There was no public testimony given.
CommissionerJerke moved to refer VI#0000044 against Courtney and Elizabeth Monaghan to the
County Attorney for legal action, with the instruction to delay action upon such referral until
September 11, 2001, to allow adequate time for the property owners to obtain a permit. The
motion was seconded by Commissioner Masden, and it carried unanimously.
VI#0000204-WILL : Ms. Halsey, 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. To
bring the property into compliance the property owner must complete all required inspections
needed for the property. Ms. Halsey stated that two stop work orders have been issued because
the property owners have not had the final inspections completed to remodel a room in their attic.
Responding to Commissioner Vaad, Ms. Halsey stated staff has been advised not to go on to the
property so she does not have any pictures of the property except for those taken from the road.
Ms. Halsey stated a certified letter notifying the property owners they need to have a final
inspection and a certified letter stating the date of the violation hearing have been picked up at the
Longmont Post Office. Neither the property owners nor a representative was present. There was
no public testimony given.
Commissioner Vaad moved to refer VI #0000204 against Daniel and Kathryn Will to the County
Attorney for legal action, with the instruction to delay action upon such referral until August 14,
2001, to allow adequate time for the property owners to complete the required inspections. The
motion was seconded by Commissioner Jerke, and it carried unanimously.
VI #0000256 - PETTIJOHN: Ms. Halsey, Department of Planning Services, presented the case
report for the record and stated the property is in violation of Sections 29-8-40, 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 complete all required inspections on the property and comply with the Weld County Code
regarding a noncommercial junkyard. Responding to Chair Geile, Ms. Halsey stated the property
owner was informed he could take as long as he wanted to build his house when he applied for the
Building Permit in 1997. Responding to Commissioner Vaad, Ms. Halsey stated the permits have
expired; however,the property owners can apply for new permits. Neither the property owners nor
a representative was present. There was no public testimony given.
Commissioner Vaad moved to refer VI #0000256 and VI #0000257 against Darrell and Sharon
Pettijohn to the County Attorney for legal action, with the instruction to delay action upon such
referral until August 14, 2001, to allow adequate time for the property owners to apply for new
permits. The motion was seconded by Commissioner Jerke, and it carried unanimously.
Hearing Certification, Zoning Violations
July 10, 2001 2001-1841
Page 6 PL0824
This Certification was approved on the 16th day of July, 2001.
APPROVED:
ATTEST: Letie/ / �� Lea BOARD O' COUNTY COMMISSIONERS
�� ELD UNTY, COLORADO
Weld County Clerk tot = iii'-f' -I , _. �I�f
%: 3` ` Geile, air
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BY:
Deputy Clerk to the c4� /
Glenn Vaad,d, /
Pro-Tern
TAPE #2001-[02] 44D �' tikes
Willia Jerke
avid . L7
Yh v
obert D. Masden
Hearing Certification, Zoning Violations
July 10, 2001 2001-1841
Page 7 PL0824
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