HomeMy WebLinkAbout20012982.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on November 13, 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
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 #0100083 AND VI #0100089 - GOMEZ: 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 all public rights-of-way. Additionally, a partial fence is now in place; however, one
of the Conditions of Approval for this type of screening is that it must be painted in an earth tone
color. Ms. Salzman indicated both violations were initiated through a community clean-up project.
The Board viewed a video taken by Ms. Salzman on November 8, 2001, showing derelict vehicles,
a derelict mobile home,an engine, miscellaneous debris outside the screened area,and screening
that needs to be completed and painted. Ms. Salzman stated the property owner has made
considerable progress and staff recommends a sixty (60) day continuance.
Responding to Chair Geile, Oscar Gomez, property owner, stated he will remove the derelict
vehicles and finish building and painting the fence and gate within sixty (60) days. There was no
public testimony given.
Commissioner Vaad moved to refer VI #0100083 and VI #0100089 against Oscar and Christina
Gomez to the County Attorney for legal action, with the instruction to delay action upon such
referral until January 13, 2001, to allow adequate time for the property owners to complete the
screening and remove the derelict vehicles. The motion was seconded by Commissioner Jerke,
and it carried unanimously.
ee 2001-2982
PL0824
VI#0100240-WALKUSCH: 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 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 from all adjacent properties and public
rights-of-way. Additionally,a Use by Special Review Permit must be submitted and a plat recorded
or the business must cease to operate. The Board viewed a video taken by Ms. Salzman on
November 8, 2001, showing several derelict vehicles. She further stated the property owner has
obtained an application for a Use by Special Review Permit which, if approved, will address the
derelict vehicles.
John Walkusch, property owner, stated his occupation is driving a semi-truck; however, he was
in an accident and is unable to drive so he started doing vehicle repair work for an income. Mr.
Walkusch stated he lost part of his eye-sight from the accident and the doctor will retest his eye
in December to see if it has stabilized and can be repaired. Responding to Chair Geile, Mr.
Walkusch stated he will know by the end of this year if his eye can be repaired and he can operate
his truck again, or if he will need to apply for the Use by Special Review Permit for the repair
business. Mr. Walkusch further stated he has removed the derelict vehicles and the only vehicles
remaining are farm vehicles and implements which are exempt from screening. Responding to
Commissioner Vaad, Bruce Barker, County Attorney, stated the vehicles are exempt from
screening if they are involved in farming, but not if they are used for other business purposes.
There was no public testimony given.
Commissioner Long moved to continue VI #0100240 against John and Denise Walkusch until
January 8, 2002, to allow adequate time for Mr.Walkusch to have his eye repaired and resume his
career as a truck driver, or apply for a Use by Special Review Permit for a home business. The
motion was seconded by Commissioner Vaad , and it carried unanimously.
VI #0100064 - FREYTA: 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 November 8, 2001, showing tires,derelict vehicles, and
building materials to be used for siding; however, Ms. Salzman stated the Building Inspectors
informed her the siding materials have been there for more that two years. Ms. Salzman stated
the initial violation was issued during the community clean-up project. Responding to Chair Geile,
Ms. Salzman stated staff received confirmation that the property owners received a certified copy
of the violation letter that was sent to them on October 13, 2001; however, no further contact has
been made. Responding to Commissioner Jerke, Ms. Salzman stated the mobile home is not
sided. Mr. Barker stated a follow-up inspection needs to take place to see if the mobile home is
unsafe as a residence because it is becoming dilapidated. Neither the property owner nor a
representative was present. There was no public testimony given.
Commissioner Vaad moved to refer VI #0100064 against David and Phyllis Freyta to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it
carried unanimously.
Hearing Certification, Zoning Violations
November 13, 2001 2001-2982
Page 2 PL0824
VI #0100072 - SHAW: 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. Ms. Salzman
stated staff checked with the Weld County Clerk and Recorder's Office and records show the
property was sold November 1, 2001. Neither Ronald Shaw nor a representative was present.
There was no public testimony given.
Commissioner Vaad moved to refer VI #0100072 against Ronald Shaw back to the Department
of Planning Services for further action and consideration. The motion was seconded by
Commissioner Long and it carried unanimously.
VI #0100087 - ROSS: 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 November 8, 2001, showing a derelict motorcycle and
truck bed. Ms. Salzman stated the violation was initiated during the community clean-up project.
Ms. Salzman further stated staff has received a certified notification signed by the property owner
on October 13, 2001. Responding to Commissioner Jerke, Ms. Salzman stated staff has been
advised by the neighbors that the property owners are operating a day care and the children play
in the area occupied by the derelict motorcycle and truck bed. In further response, Ms. Salzman
stated a Use by Special Review Permit is not needed because the number of children at the day
care is fewer than required for obtaining a permit. Commissioner Jerke stated he wants this case
referred to the Department of Public Health and Environment because of the safety issues involved
and to check if the day care is a licensed facility. Neither Paul nor Mary Robbins, nor a
representative was present. There was no public testimony given.
Commissioner Jerke moved to refer VI #0100087 against William and Kathy Ross to the County
Attorney for immediate action. The motion was seconded by Commissioner Vaad, and it carried
unanimously.
VI#0100075 AND VI#0100076-ROBBINS: 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. Ms.
Salzman stated the property is under new ownership and recommends the case be referred back
to the Department of Planning Services. Neither the former property owners nor a representative
was present. There was no public testimony given.
Commissioner Vaad moved to refer VI#0100075 and VI#0100076 against Paul and Mary Robbins
back to the Department of Planning Services for further action and consideration. The motion was
seconded by Commissioner Long, and it carried unanimously.
Hearing Certification, Zoning Violations
November 13, 2001 2001-2982
Page 3 PL0824
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 new
Building Permit in his name and receive a Certificate of Occupancy by passing all final inspections.
Ms. Halsey stated the property was reinspected on November 8, 2001, and is still in violation. Ms.
Halsey stated a corrected hearing date was posted on the property.
Robert Gotchey, property owner, was present and stated he is an electrical contractor and was
hired to wire all the hangers at the Platte Valley Airport. Mr. Gotchey stated he bought his hanger
from one of his customers who couldn't afford to finish it, and has been using the unit as a storage
area for his electrical equipment until he finishes wiring three other hangers. Mr. Gotchey further
stated he will be ready for the final inspection as soon as he adds two lights to the outside of the
building and a few minor additions on the inside. He stated he is a pilot for United Airlines and
expects to be laid off indefinitely, in which case he will be able to complete the wiring in thirty (30)
to sixty (60) days. Responding to Commissioner Jerke, Mr. Gotchey stated Building Permits are
issued in the owner's name and the electrical contractor's name is registered. There was no public
testimony given.
Responding to Commissioner Vaad,Jeff Reif, Department of Planning Services,stated permits are
issued to the property owner and if the property changes hands the permit should be changed to
the new owner's name; however, since the only thing remaining is the final inspection, he has no
objection to continuing the case under the present permit.
Commissioner Vaad moved to refer VI #0100096 against Robert Gorchey to the County Attorney
for legal action, with the instruction to delay action upon such referral until January 13, 2002, to
allow adequate time for the property owner to complete the final inspection. Commissioner Vaad
also moved to strike the new permit requirement from the violation. The motion was seconded by
Commissioner Long, 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 by passing all
final inspections. Responding to Chair Geile, Ms. Halsey stated she posted the violation notice on
the property for the second time and the property owner is occupying the new addition. Neither the
property owner nor a representative was present. There was no public testimony given.
Responding to Commissioner Vaad, Ms. Halsey stated she tied the violation letter to the mailbox.
Mr. Barker stated he called the property owner in September and advised him to be at the October
hearing. At that time, Mr. Lemley expressed a concern that he was going through a divorce and
bankruptcy and did not have the money to complete the project. Mr. Barker stated he left a
message regarding the November meeting at the Sheriff's Office, Mr. Lemley's place of
employment, and did not hear back from him.
Commissioner Jerke moved to refer VI#0100230 against Monty and Sheila Lemley to the County
Attorney for legal action, with the instruction to delay action upon such referral until December 13,
2001, to allow adequate time to properly notify the property owner the case will be going to the
County Attorney for action. The motion was seconded by Commissioner Long, and it carried
unanimously.
Hearing Certification, Zoning Violations
November 13, 2001 2001-2982
Page 4 PL0824
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. (Switched to Tape
2001-05) Neither the property owner nor a representative was present. There was no public
testimony given. Ms. Salzman stated the property owner called this morning and stated she was
unable to attend the hearing today, and requested a continuance until the December hearing if the
property is not in compliance at that time.
Commissioner Jerke moved to continue VI #010007 against Lloyd and Edith Arden until
December 11, 2001, to allow adequate time for the property owners to bring the property into
compliance. The motion was seconded by Commissioner Masden, and it carried unanimously.
This Certification was approved on the 19th day of November, 2001.
APPROVED:
ATTEST: f � � r� �, BOARD OF C UNTY COMMISSIONERS
77 WE COU Y, COLORADO
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Weld County Clerk to th%:p-.#� -� lat/
49 M. J. ale, Chpir
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BY:
Deputy Clerk to the Boar di
Glenn Vaad,
TAPE #2001-04(V) and #2001-05(V) - ; ?^ P
Will' H. Jerke
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v . L g `
R bert D. asden
Hearing Certification, Zoning Violations
November 13, 2001 2001-2982
Page 5 PL0824
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