HomeMy WebLinkAbout20002854.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on November 14, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tern
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, David Sprague
Planning Department representative, Monica Mika
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 #0000194 - CARLSON: Bethany Salzman, Department of Planning Services, presented the
case report for the record and stated the property is in violation of Sections 31.3.9, 31.3.6, and
31.4.18 of the Weld County Zoning Ordinance. To bring subject property into compliance, the
property owner shall remove, permit through a Use by Special Review, or screen the
Noncommercial junkyard from adjacent property and public rights-of-way. Ms. Salzman stated a
visual inspection of the property on November 13, 2000, indicated 12+derelict vehicles, 2+ mobile
homes,wood, plastic, metal,various building materials,semi-trailers, construction equipment,and
various miscellaneous debris were present. She recommended a 60 day delay before any action
is taken to allow the property owner appropriate time to remedy the situation. She also stated the
property owner does appear to be cooperating. Responding to Commissioner Baxter,Ms.Salzman
stated the owner does appear to be trying to remedy the violation. Ms. Salzman showed a video
of the property.
The property owner was not present or represented. Responding to Commissioner Vaad, Bruce
Barker, County Attorney, stated the Board has authority over other individuals occupying the
property because in many cases the property is leased, and technically the owner is not
responsible. Mr. Barker stated action can be taken against either the owner or occupier, since both
are legally responsible.
Commissioner Geile moved to refer VI #0000194 against Richard and Michaeleen Carlson to the
County Attorney for legal action, with the instruction to delay action upon such referral until
January 14, 2001, to allow adequate time for the property to pass inspection. The motion was
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seconded by Commissioner Baxter, and it carried unanimously.
VI #0000140 -SAMANIEGO: Ms. Salzman presented the case report for the record and stated
the property is in violation of Sections 32.6.2, 32.6.3, and 32.6.4 of the Weld County Zoning
Ordinance. Ms. Salzman stated the subject property is in the R-5 Zone District, and in order to
bring the property into compliance, the owner must remove the Non-commercial Junkyard
consisting of derelict vehicles, tires, trash, and miscellaneous debris which is scattered around the
property. She recommended referral to the County Attorney for immediate action. The property
owner was not present or represented.
Commissioner Vaad moved to refer VI #0000140 to the County Attorney for immediate action.
Commissioner Hall seconded the motion, which carried unanimously.
(CLERK'S NOTE: Further action taken after tenant arrived, please see below.)
VI #0000294 - PEDRAZA/SERNA: Ms. Salzman presented the case report for the record and
stated the property is in violation of Sections 32.6.2, 32.6.3, and 32.6.4 of the Weld County Zoning
Ordinance. Ms. Salzman stated the subject property is in the R-5 Zone District and to bring the
property into compliance, the owner must remove the Non-commercial Junkyard consisting of
derelict vehicles, plastic,automotive parts,wood, metal,trash,and miscellaneous debris scattered
around the property. Ms. Salzman recommended referral to the County Attorney for immediate
action. Responding to Commissioner Vaad, Ms. Salzman stated the Hill-'N-Park cleanup was
sometime in February.
Nita Serna, tenant, stated they are trying to install the fence, and in the last week they have taken
a lot to the dump. Responding to Chair Kirkmeyer, Ms. Serna said it would take at least another
week to clean up. Ms. Salzman stated there are currently three vehicles, wood, and debris. The
Board viewed a video of the property. After discussion regarding the vehicles, Ms. Salzman read
the definition in the Zoning Ordinance, and stated in the R-5 District it is not a Use by Right so the
vehicle cannot be left out. Ms. Serna said 30 days should be adequate time to clean the property.
Commissioner Geile moved to refer VI #0000294 against Guadalupe Pedraza and Ricardo Serna
to the County Attorney for legal action, with the instruction to delay action upon such referral until
December 14, 2000, to allow adequate time for the property to be cleared and inspection to be
completed. The motion was seconded by Commissioner Hall, and it carried unanimously.
VI #0000278 - IRREZA: Dave Sprague, 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 Code Ordinance. He stated the flues and vents, egress windows, framing, final electric,
and final approval inspections remain to be completed, and recommended referral to the County
Attorney with 30 days delay before action is taken. Responding to Chair Kirkmeyer, Mr. Sprague
stated staff has not talked to the owners face to face, and the receipt for the registered letter has
not been returned to the Department.
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Commissioner Hall moved to continue VI #0000278 against Miguel Irreza to December 12, 2000,
to allow time for the property owner to be contacted personally. The motion was seconded by
Commissioner Geile, and it carried unanimously.
VI #0000284 - GARDNER: Mr. Sprague presented the case report for the record and stated the
property is in violation of Section 83 of the Weld County Building Code Ordinance, with none of the
permits finaled. He stated the permit was issued to install a deck and the setbacks
footing/caissons, and final approval inspections remain to be completed. Mr. Sprague said he has
not yet received the receipt for the registered letter which was sent to the property owner. Adolph
Diaz, Department of Planning Services, stated he attempted to talk to the owners; however, he
found the phone had been disconnected. The Department did receive a receipt showing the Bank
of New York received notice of this hearing.
Responding to Commissioner Geile, Mr. Sprague explained a building permit is considered active
as long as work is on-going or has occurred with 6 months. In this instance, nothing has been
completed and no inspections were called for. Responding to Commissioner Hall, he stated the
deck has only been started.
Commissioner Geile moved to refer VI #0000284 against Donald and Jacqueline Gardner to the
County Attorney for legal action, with the instruction to delay action upon such referral until
December 12, 2000, to allow adequate time for the property owner to bring the subject property
into compliance. The motion was seconded by Commissioner Hall, and it carried unanimously.
VI#0000203-BUTLER: Mr. Sprague presented the case report for the record,stated the property
is in violation of Section 83 of the Weld County Building Code Ordinance, and that septic, electric,
plumbing, permanent meter, final approval and certificate of occupancy remain to be completed.
Mr. Sprague stated three inspectors have been working to get this permit closed, and noted the
letter sent in September was not accepted by the property owner. Mr. Sprague also stated the
Department has not yet received the receipt for the letter sent in November notifying the property
owner of this hearing. Responding to questions from Commissioner Baxter, Mr. Sprague stated
the permit contains language that a call for inspection should be done within 180 days. After
discussion, Chair Kirkmeyer reiterated the statement is on the permit, near the line where the
applicant must sign the permit.
Commissioner Vaad moved to continue VI #0000203 against David and Tracey Butler to
December 12, 2000. The motion was seconded by Commissioner Geile, and it carried
unanimously.
VI #0000140 - SAMANIEGO: After noting the arrival of Oscar Puga, tenant of said property,
Commissioner Geile moved to reconsider VI#0000140. Commissioner Hall seconded the motion,
which carried unanimously.
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Mr. Puga stated his job takes him out of state so he is not around much and he had rented the
property to students who allowed it to get into a bad state. He further stated the students have
been asked to clean it up. Mr. Puga said he does have a hard time keeping track of the property,
but explained the students have now been evicted. Responding to Chair Kirkmeyer, Mr. Puga
stated he does know what needs to be done to bring the property into compliance, and he expects
to be able to accomplish the clean up in a couple of months.
Commissioner Geile moved to rescind the earlier motion and refer VI #0000140 against Inez
Samaniego, owner, and Oscar and Lucia Puga, tenants, to the County Attorney for legal action,
with the instruction to delay action upon such referral until January 14,2001,to allow adequate time
for the property to be cleaned up and an inspection completed. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
VI #0000254 - BUTLER: Mr. Sprague presented the case report for the record and stated the
property is in violation of Section 83 of the Weld County Building Code Ordinance. He stated the
framing, final electric, and final approval inspections remain to be completed. Mr. Sprague
explained this is for a detached garage and shop, and he has not received the receipt for the letter
sent to the property owner. He also noted several inspectors have gone to the property but have
been unable to contact the owner.
Commissioner Vaad moved to continue VI #0000254 against David and Tracey Butler to
December 12, 2000. The motion was seconded by Commissioner Baxter, and it carried
unanimously.
VI #0000262 -YOUNG AND VI #000259 -STROUD: Mr. Sprague presented the case report for
the record and stated he has not talked to the property owner in person. Mr. Diaz said he did leave
a message for Carl Shafer, General Contractor, to call him. Responding to questions from
Commissioner Geile, Mr. Sprague stated the permit was issued in 1997. Monica Mika, Director of
Planning Services, stated they have changed the process for dealing with inactive permits. She
explained many permits were not finaled historically since there was not a method of tracking them,
and staff have been trying to final as many as possible. However, new permits are being followed
up on as soon as they reach the 180 day deadline. Ms. Mika stated Mr. Sprague did prioritize the
older permits, as to whether they were life, safety or health concerns and those are the ones being
brought to the Board. Chair Kirkmeyer also called up VI #0000259 - Stroud.
Commissioner Vaad moved to continue both VI#0000262 against Janice Young and VI#0000259
against Richard and Danielle Stroud to December 12, 2000, to allow adequate time for staff to
contact the property owners. The motion was seconded by Commissioner Geile, and it carried
unanimously.
VI #0000205 - BEAMAN: Mr. Sprague presented the case report for the record and stated the
property is in violation of Section 30 of the Weld County Building Code Ordinance and Sections
31.2.1, 31.2.2, 31.3.6, 31.3.9, 31.4.18, 32.23.6 and 43.1.1 of the Weld County Zoning Ordinance.
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Ms. Salman stated there is also a large Non-commercial Junkyard on the property, and it appears
someone is living on the property. She stated the receipt for Certified Mail was signed by
Christopher Beaman, and she showed a video taken of the property on November 13, 2000.
George Beaman II, property owner, was not present or represented. Ms. Salzman further stated
there are 20 or 30 derelict vehicles, the fence has been partially removed, and 12 derelict vehicles
are not in the screened area.
Commissioner Geile moved to referVI#0000205 against George Beaman II to the County Attorney
for immediate action. The motion was seconded by Commissioner Baxter, and it carried
unanimously.
This Certification was approved on the 20th day of November, 2000.
APPROVED:
ATTEST: • BOARD OF COUNTY COMMISSIONERS
,• WE COUNTY, COLOR DO
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Weld County Clerk to th 10 � ? , : -'
ti „ , arbar . Kirkmeyer, hair
BY:
Deputy Clerk to the )
M. J. Ge. e, Pro-Tem
TAPE #2000-04(V)
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Dale . Hall
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