HomeMy WebLinkAbout20010138.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on January 9, 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, Adolph Diaz
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 Code. Cases were heard as follows:
VI#0000151 -I M DAIGLE AND COMPANY: Bethany Salzman, Department of Planning Services,
presented the case report for the record and stated the property is in violation of Section 31.3.9 of
the Weld County Zoning Ordinance. Ms. Salzman reviewed the case file for the record and
indicated the noncommercial junkyard on the property consists of numerous derelict vehicles,
miscellaneous automotive parts, tires, wood, metal, and miscellaneous debris. The board viewed
a recent video and Ms. Salzman stated that Mr. Daigle had indicated that he Is putting in a cement
pad with screening to block the vehicles from view. He plans to remove the auto parts, tires and
miscellaneous debris within 60 days. Responding to Commissioner Vaad, Ms. Salzman stated the
vehicles need to be in running condition and have license plates. Ira Daigle, property owner, was
present and stated that he is in the process of sheet rocking the garage. He has completed
three-fourths of the garage, and as soon as he finishes, the cars will once more be parked inside.
He also stated a cement slab is to be poured behind the screening as soon as the weather permits.
Responding to Commissioner Jerke, Bruce Barker, County Attorney, explained the options
available to the Board. Mr. Daigle reiterated the garage would be finished in a few days and the
cars would no longer be in the public view.
Commissioner Vaad moved to refer VI#0000151 against Ira Daigle to the County Attorney for legal
action,with the instruction to delay action upon such referral until April 9 , 2001, to allow adequate
time to remove, restore or screen the noncommercial junkyard from the subject property. The
motion was seconded by Commissioner Long , and it carried unanimously.
VI#0000192-HONNECKE: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23.1.12, 33.4.7 and 33.6.1.9 of the Weld County Zoning
Ordinance. In order to bring the property into compliance, Ms. Salzman stated the property owner
must submit an amended Site Plan showing the current status of the property, or restore the
ire, �� e4 2001-0138
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property to the original condition when Site Plan #274 was approved. The Board viewed a video
of the subject property Ms. Salzman made during her February 8, 2001, inspection. She explained
that there are four derelict vehicles, a semi-trailer and another trailer up against the building, and
a recreational vehicle connected to an electrical outlet. Responding to Commissioner Jerke, Ms.
Salzman stated that the property is in the C-3(Commercial)Zone District, as well as in the Planned
Unit Development and Mixed Use Development area; however,they are not in compliance with the
Site Plan.
Kathleen James, agent for Von and Diane Honnecke, was present and stated the owners were
unaware the Santa Fe trailer was on the property and it will be removed. She also stated that since
the initial complaint, the lot has been graded and the debris removed. Ms. James added that the
recreational vehicle is being used as an office and they will get a Zoning Permit for a Mobile Home,
and make sure all the vehicles on the property are licensed or belong to workers. Ms. James
explained the owners envision an upscale, four-lane landscaped business park; however, this is
not currently reflected. She stated one of the businesses in the warehouse is a repair shop for race
cars, which is the reason trailers are parked there at various times. Ms. James further stated this
will not be a part of the amended Site Plan, the owners will come into compliance and shepherd
the area more closely.
Responding to the Board, Ms. James said the owners are renting out eight bays at the present
time, and do not use any themselves. Monica Mika, Director of Planning Services, responded to
the Board that a revised Site Plan requires 45 to 60 days to process; the original plan did not
accommodate outdoor storage; and with further expansion of Turner Boulevard, the owners were
to approach the County for additional road right-of-way. Responding to Commissioners Vaad and
Jerke regarding outside parking, Ms. Mika stated the Mixed Use Development Plan only allows
inside parking or a defined parking area; however, this has expanded to include outside storage
areas.
Chair Geile stated the permit uses were explained in August, 1997; however, the owners did not
pay attention or understand their application,since they are now allowing uses into the facility which
are not in compliance with their plan. Ms. James stated this is two separate violations; the first
being the use of the mobile home as an office, and the second being parking the trailers which are
used to hold race cars for the repair shop. Chair Geile stated the interpretation has gone beyond
the scope of the original Use by Special Review Permit. Mr. Barker suggested continuing this 60
to 90 days to allow staff to work with the owners to come into compliance.
Commissioner Vaad moved to refer VI#0000192 against Von and Diane Honnecke to the County
Attorney for legal action,with the instruction to delay action upon such referral until March 9, 2001,
to allow adequate time to remedy the situation by applying for an amended Site Plan or removing
the violation. The motion was seconded by Commissioner Long. Commissioner Jerke expressed
the desire to see the progress of the cleanup and to be able to intervene if the Board desires. Mr.
Barker explained the case does not go back to the Board after it is referred to the County
Attorney's office. Commissioner Vaad commented that staff does a good job of working with the
applicant or violator, they have been lenient with deadlines, and are doing a good job of working
with the owners. On a call for the vote, the motion carried three to one with Commissioner Jerke
dissenting.
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VI #0000259 - STROUD: Adolph Diaz , Department of Planning Services, presented the case
report for the record and stated the property is in violation of Section 83 of the Weld County
Building Ordinance and Section 30.5 of the Weld County Zoning Ordinance. To close this violation,
inspections need to be completed. Neither the property owners nor a representative were present.
Commissioner Vaad moved to refer VI #0000259 against Richard and Danielle Stroud to the
County Attorney for immediate legal action. The motion was seconded by Commissioner Jerke,
and it carried unanimously.
This Certification was approved on the 15th day of January, 2001.
APPROVED:
ATTEST: j / � ! I / Z\ BOARD OF COUNTY COMMISSIONERS
JI ELD COU TY, COLORADO
1861 (
ar 'Weld County Clerk to the ^.ar, ,� : 'L 11CeC
4444
. J. eile, Ch '
BY:
Deputy Clerk to the Boar
Glenn Vaad, - m
TAPE #2000-05(V) T 11✓4,,—t
William Jerke (�
David E. Long
EXCUSED
Robert D. Masden
2001-0138
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