HomeMy WebLinkAbout20003200.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on December 12, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
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 Zoning Ordinance. Cases were heard as follows:
VI #0000232 AND VI #0000233- HOGARTH: Beth Salzman, Department of Planning Services,
presented the case report for the record and stated the property is in violation of Sections 31.3.9
of the Weld County Zoning Ordinance. Visual inspection on December 11, 2000, indicated the
property is still in violation. In order to comply, the owner must remove, store, or screen the Non-
Commercial junkyard, which consists of tires, derelict vehicles, wood, and miscellaneous debris,
from adjacent property and public rights-of-way.
Chair Kirkmeyer also called up VI #000233, which is against the same owner on the adjacent
property. Ms. Salzman stated the information is the same as for the first property. Responding to
Commissioner Geile, Ms. Salzman stated today is the first time she has met the owner, and no
improvement has been made since the violations occurred. The Board viewed the video prepared
by Ms. Salzman, who stated there is also a derelict mobile home on the property.
John Hogarth, property owner, said he has had to straighten the property up before; however, the
wind blew down the fence. He has scheduled three times to have it put back up, although bad
weather did not allow it to be reinstalled. Responding to Commissioner Geile, Mr. Hogarth said the
Mobile Home is permitted for storage, and the vehicles belong to friends. Responding to
Commissioner Baxter, Mr. Hogarth stated the fence did screen the vehicles before it blew down,
and he indicated a lot of the vehicles are licensed and insured, although the one in the back is not.
Responding to Commissioners Geile and Hall, Mr. Hogarth said friends are storing the vehicles
there at no charge, and there are 15 or 20 of them. He stated they cannot keep them in a trailer
park in the city, however, with a fence in place nobody cares if they are kept in the county.
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HEARING CERTIFICATION -ZONING VIOLATIONS
December 12, 2000
PAGE 2
Responding to Chair Kirkmeyer, Mr. Hogarth stated he does understand the properties must come
into compliance and indicated he needs a few days with better weather to get the fence back up.
He also indicated the debris will be cleaned up and moved behind the fence. Responding to
Commissioner Geile, Mr. Hogarth indicated the fence is a 6-foot wood fence.
Commissioner Hall moved to refer VI #0000232 and VI #0000233 against John Hogarth to the
County Attorney for legal action, with instructions to delay action for 30 days. Seconded by
Commissioner Geile, the motion carried unanimously. Commissioner Vaad stated he will not look
favorably on this not being cleared up in 30 days
VI #0000297- MORRISON/WORTH: Ms. Salzman presented the case report for the record and
stated the property is in violation of Sections 31.2, 31.3, 31.4, and 31.4.18 of the Weld County
Zoning Ordinance, and to bring the property into compliance,the owner shall remove all business
equipment from the property or complete and submit a Use by Special Review application.
Responding to Commissioner Hall, Ms. Salzman stated the equipment consists of trucks and large
spools of wire.
Jere Worth, owner, stated she lives in Longmont and they were misguided by their Realtor, who
indicated they would be able to park commercial vehicles overnight. She said the company does
directional drilling, installing fiber-optics lines, and she is the bookkeeper. Ms. Worth stated the
crew is in town right now,and they intend to move the trucks and equipment. She stated they have
secured a commercial property to move to, although when they tried to move the vehicles
yesterday, they would not start. She indicated they will be moved by January 3, 2001, even if they
have to be towed. Commissioner Geile stated if she feels she has a complaint she should contact
the Colorado Real Estate Commission. Commissioner Vaad moved to refer said violation to the
County Attorney, but delay action for 30 days. Commissioner Hall seconded the motion, which
carried unanimously.
VI#0000203 AND 0000254-BUTLER: Adolph Diaz,Department of Planning Services, presented
the case report for the record and stated he has made contact with Mr. Butler on December 8,
2000, when he went to the site to do an inspection and take the video. He said she was at the
Department of Planning Services, and he spoke to her by phone. She has requested a final
inspection by January 1, 2001, and staff recommends this be continued. Chair Kirkmeyer
questioned whether to continue or refer to the County Attorney with instruction to delay action.
Commissioner Hall questioned whether it is still a violation if staff gave an extension to January 14,
2001. Bruce Barker, County Attorney,stated if the violation is dismissed, then is not completed by
January 14, 2001, staff would have to go back through the same steps; however, if the violation
was continued the Board can reopen the process. Commissioner Geile moved to continue to
February 13, 2001, at 10:00 am. Commissioner Hall seconded the motion, which carried
unanimously.
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HEARING CERTIFICATION -ZONING VIOLATIONS
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PAGE 3
VI#0000262-YOUNG: Mr. Diaz stated Mr.Young requested an inspection yesterday and a partial
inspection was completed. However, inspection of the west side was not completed. Responding
to Commissioner Baxter, Mr. Diaz stated he is not having trouble getting a response, there was a
change in ownership which delayed the process. Mr. Barker stated since we are getting a
response, he would recommend dismissal. Commissioner Hall moved to dismiss VI #0000262
against Janice Young. Commissioner Geile seconded the motion, which carried unanimously.
VI 0000259-STROUD: Mr. Diaz stated he received a call at approximately 9:50 a.m, saying she
has been delayed with car trouble. He stated he visited with her yesterday, and she said they are
willing to move the barn away from the area in order to come into compliance. The property owner
was not present or represented. Commissioner Hall moved to continue to January 9, 2001.
Seconded by Commissioner Geile, the motion carried unanimously.
This Certification was approved on the 18th day of December, 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
Mee'? W JLLD COUNTY, COL: DO
1861 4- < _ .u, _rktothe : •ard Q Jfi ) A_
Barbara J. meyer,Chair
rk to the Board
M. J. e, Pro-Te0
\r"-74TAPE #2000-04(V)
GeE. Baxter
Dale K. Hall
41,4 Glenn Vaad
2000-3200
PL0824
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