HomeMy WebLinkAbout20000819.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
A public hearing was conducted on April 11, 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 Harding
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
Planing Department representative, Julie Chester
Planning Department representative, Sherri Lockman
Planning Department representative, Joe Mendez
The following business was transacted:
VI #9900381 - OLSON: Julie Chester, Department of Planning Services, indicated the owners,
Ron and Claudia Olson are present and represented by Robert Bruce. Sherri Lockman,
Department of Planning Services, reviewed the case summary for the record indicating the owners
are parking commercial trucks on the subject property, putting the property in violation of Sections
31 .3 and 31.4 of the Weld County Zoning Ordinance because of the operation of an industrial use
in the Agricultural Zone District. Ms Lockman stated in order to bring the property into compliance,
the property owner must have a Planned Unit Development Final Plan approved or cease operation
of the business. She stated the owner, after discussion with staff, applied for a Use by Special
Review Permit to operate as a home business; however, after reviewing the application, staff
determined since the property is located in the Mixed Use Development area, the Use by Special
Review for a Home Business would only apply to residents and, therefore, this use should be
conducted after a Change of Zone to a Planned Unit Development, with a Site Plan Review. Ms
Lockman showed a video of the subject property. Responding to Commissioners Baxter and Geile,
Ms. Lockman indicated the trucks were not shown in the property because they leave the property
at 6:00 a.m. and are returned to the property in the evening, and the current zoning is agricultural.
Ms Lockman further explained that the property is in the Mixed Use Development areas,therefore,
only a few uses are allowed by permit and a home business is for the use of residents only. Since
Mr. Olson parks nine trucks and only owns three of them on his 4.5 acres, it would not qualify as
a home business. Ms Chester stated the trucks are partially screened from view.
Robert Bruce, Attorney representing the applicant, reviewed the history and status of the
application, as well as the owners plan of operations. He stated the owner is asking the Board to
hold action on the violation until the Use by Special Review Permit process is completed. He
indicated the Olsons bought the property a few years ago and have constructed a barn which does
comply with all requirements of Weld County. He stated they submitted the application for a Use
by Special Review, and although it may need to be modified, the Planning Commission Hearing
is scheduled for May 2, 2000. He stated the Olsons can operate their own business under Weld
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County guidelines, although another type of permit may be required for storage of the other
company's trucks. He indicated Mr. Olson needs to come up with an alternative plan if he is not
allowed to park trucks on his property for the next three weeks. Mr. Bruce stated the presentation
about whether this should be permitted as a Planned Unit Development or Use by Special Review
in the Mixed Use Development area will be made at the appropriate time. He further stated the
property is well kept with no on-going activity except for the trucks leaving and coming back each
day. Mr. Bruce also indicated the issue of screening came up during the Use by Special Review
process and the applicant is now committed to full screening of the property. Responding to
Commissioner Geile, Mr. Bruce requested the Board to allow nine trucks to park on the property
for three weeks, until the May 2, 2000 hearing, instead of requiring the owner to make immediate
alternative arrangements.
Responding to Commissioner Geile,Claudia Olson,co-owner,stated they moved onto the property
at the end of July and built the barn, with further plans to park trucks there since they were not
aware of the County Ordinance. She further stated Mr. DeQuasie needed to move his trucks out
of Longmont, therefore, they rented space to him and one other truck owner. Responding to
questions from Commissioner Hall, Ms Olson explained Mr. DeQuasie moved out of Longmont
because the lease on the property he was previously renting was terminated by the owner in order
to use it himself. Ms Olson further explained for Commissioner Baxter that they originally raised
pigs and planned to get some calves, using the barn for storage of hay, tools, tarps, repair of
machinery, etc. Chair Kirkmeyer clarified the May 2, 2000 date is for a Planning Commission
Hearing for the Use by Special Review, which would only allow a home business; and the other
uses would have to be conducted after approval of a Change of Zone for a Planned Unit
Development. Mr. Bruce stated he understands; however, he has a presentation to make at that
time which requests all uses be allowed under the Use by Special Review permit.
Chair Kirkmeyer stated the largest complaints stem from the fumes and noise associated with the
use, and those will need to be addressed regardless of any permit. Responding to Commissioner
Geile, Ms Lockman stated staff will need to verify the pole barn meets code when processing the
Use by Special Review. Mr. Bruce stated it does and the electrical permit was issued yesterday.
He further stated the Olsons have committed to working with staff to meet the concerns raised by
the letter which was received, and he is willing to meet with the author of the letter prior to the
May 2, 2000 hearing. Ms Olson stated the trucks do not idle long,causing little pollution and limited
noise.
Responding to Commissioner Vaad regarding the disposal of waste, Ms Olson stated the o l that
is drained off will be taken to the Del Camino Truck Plaza for disposal, trash will be picked up', and
kerosine or paint will be disposed.
Sharon Hopper,surrounding property owner,stated there was a petition signed several months ago
and further stated she is discouraged about new businesses in the area. She has lived there 27
years and seen businesses started up with no regard to neighbors or County requirements. Ms
Hopper stated she would like to assure businesses have everything in place before it starts.
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Commissioner Baxter stated the decision seems to be whether to allow the use to continue until
another hearing is held; however, he has concerns about this violation being continued for an
extended period of time, although the Use by Special Review Hearing is the appropriate time to
answer his concerns. Commissioner Geile moved to continue VI #9900381 against Ron and
Claudia Olson to the July violation hearings on July 11, 2000, to await the outcome of the Use by
Special Review Permit. Commissioner Baxter seconded the motion. Commissioner Hall stated
he has serious concerns with waiting that long and Commissioner Vaad stated he is troubled by
the lack of accommodation for the neighbors, and dragging out too long. Chair Kirkmeyer stated
she would prefer June 13, 2000, by which time the Planning Commission Hearing would be held,
although something needs to be done between now and the May hearing about the noise and
fumes. On a roll call vote, the motion failed one to four, with Commissioner Geile voting in favor
of the motion.
Commissioner Vaad moved to refer said case to the County Attorney with the instructions to defer
any action for 60 days. The motion was seconded by Commissioner Baxter. Ms Chester stated
staff will recommend the applicant request preadvertisement of the Use by Special Review in order
for it to be heard at an earlier date by the Board of County Commissioners. Responding to Bruce
Barker, County Attorney, Chair Kirkmeyer indicated the triggering mechanism for his action is the
60 day date, and the violation and the Board of County Commissioner case for the Use by Sepcial
Review may be running at the same time. The motion carried unanimously.
VI #0000039 -ALEXANDER/MILLER: Ms Chester stated this property is zoned Agricultural and
is in violation of Sections 31.2, 43, and 43.2.4 of the Weld County Zoning Ordinance. She stated
the violation is due to a mobile home on the property which is used and permitted as a medical
hardship; however, Section 43.2.4 of the Zoning Ordinance requires an annual review which has
not been successful. At this time, staff has requested a doctor's letter stating the medical hardship
exists, but have been unable to obtain one.
Roy Miller, property owner, stated his mother lives in the mobile home, she is on Social Security
and can't afford to live anywhere else. He further explained the mobile home was permitted with
no objections from the neighbors and the mobile home has been kept in good repair; however, at
this time he has been unable to get a letter from his mother's doctor. Responding to Commissioner
Baxter, Mr. Miller stated the doctor refused to give her a letter and staff approved the use because
she could not live by herself. Responding to Commissioner Vaad, Ms Chester stated other
documentation is accepted by staff, such as an affidavit from the owner, and the case file shows
a note from the doctor written on a prescription pad. Responding to Commissioner Vaad, Mr. Miller
reiterated his mother has no other place to go, because she cannot afford to live anywhere else.
Vera Alexander, Mr. Miller's fiancé and co-owner, stated they are asking for compassion,when Mr.
Miller's father died late in 1998, he left a horrendous financial situation. Ms Alexander stated they
realize there has to be annual review, although they would like the approval to be permanent to
avoid anxiety for Mr. Miller's mother each year. Mr. Miller stated when his mother is gone, the
trailer will be moved. Responding to Chair Kirkmeyer, Mr. Miller said he owns 9 acres, and
currently there is a stick built residence and the mobile home. Responding to Chair Kirkmeyer, Mr.
Barker stated this seems to be more of a financial than physical hardship, and Section 43.4.1.1
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indicates other evidence could be accepted, such as an affidavit stating the circumstances;
however, the Board does not have the capacity to switch this to a permanent use.
Commissioner Hall move to dismiss VI#0000039 against Dara Alexander,do Roy Miller,assuming
a letter from Mr. Miller is given to staff, with his understanding that a letter will be required every
year and the trailer will be removed upon the death of the mother. The motion was seconded by
Commissioner Vaad. Chair Kirkmeyer verified Mr. Miller fully understood the motion, and the
motion carried unanimously.
VI #9900371 - PEDRAZA/SERNA: Ms Chester stated the owner and tenant are switched on the
paperwork,which should show Ricardo Serna being the tenant and Guadalupe Pedraza being the
property owner. She further stated Mr. Pedraza has been working to clean up the property, but still
has derelict vehicles, miscellaneous debris, a mattress, indoor furniture, a car engine, etc.
constituting a non-commercial junkyard on the property, which is a violation of Sections 32.6.2.1,
32.2.3, and 32.2.3.6 of the Weld County Zoning Ordinance. Ms Chester her last contact with Mr.
F'edraza was two weeks ago, when he indicated the property would be cleared by April 10,2000.
To bring the property into compliance, Ms. Chester stated, the materials constituting a
non-commercial junkyard must be removed from the property,except for the derelict vehicles which
may remain if properly screened from adjacent property and public rights-of-way. Responding to
Commissioner Hall, Ms Chester stated there has been some progress made in clearing the
property, and a lot of trash was removed in the past two weeks. She also sated it appears the
repair of vehicles in the driveway is for his own use. Responding to Commissioners Baxter and
Hall, Ms Chester reiterated there was some progress made in cleaning up the property, but it
remains in violation. Commissioner Vaad commented that a lot of effort was made at Hill-N-Park
by the Homeowners Association and County staff for the scheduled cleanup day and there is no
reason cleanup of this property was not completed at that time. Mr. Serna was not present;
however, Ms Chester verified he does understand the items have to be removed.
Commissioner Vaad moved to refer VI #9900371 against Ricardo Serna and Guadalupe Pedraza
to the County Attorney for legal action. Seconded by Commissioenr Geile, the motion carried
unanimously.
VI #9900375 -TUTTLE: Ms Chester stated the property is in the Agricultural Zone District, and is
in violation of Section 31.3.9 of the Weld County Zoning Ordinance. She explained that staff,while
completing a field check for a Planned Unit Development application, noticed the non-commercial
junkyard on the property. She further explained the owner has been very cooperative, and she met
with Mrs. Tuttle two weeks ago, at which time there were three vehicles left on the property, two
without current plates, and one not running. Ms Chester also noted there was a big roll-off
dumpster in place, giving evidence the property owner has been cleaning it up. She explained Mr.
Tuttle had surgery recently and could not attend today's hearing, therefore, he asked for an
extension to June 15, 2000,to allow him time to finish the cleanup. No representative was present.
Ms Chester verified for Commissioner Baxter that the owner does understand what needs to be
done to come into compliance,and stated this seems to be somewhat of a hobby since the vehicles
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are not really junky and one is a classic. Ms Chester noted there is a large outbuilding which could
be used for storage of vehicles, and showed a video. Ms Chester stated the property sits back
one-quarter mile from the road, therefore, the larger items, such as vehicles, are not visible.
Commissioner Hall moved to refer VI #99-375 against Gregory and Cathy Tuttle to the County
Attorney for legal action, with the instruction to delay action to June 15, 2000. Seconded by
Commissioner Vaad, the motion carried unanimously.
VI #0000026 - EBERL: Closed
VI #9900241 - LINCOLN: Closed
This Certification was approved on the 17th day of April, 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
i
ATTEST: l �it. i r; A--
1 Barbara J ' rkmeyer, Chair
Weld County Clerk to the : . .
LQ ! ( (,(5) _- eile, Pro-Tem
BY: i. �'. e,
Deputy Clerk to the Bdat Any('
-\ p �� �� corglE. Baxter
TAPE #2000-01(V)
Dale K. Hall
Glenn Vaa
2000-0819
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