HomeMy WebLinkAbout20002459 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on October 10, 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, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
Planning Department representative, Julie Chester
Planning Department representative, David Sprague
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:
OLD BUSINESS::
VI #0000157 - RAEHAL: Mr. Barker stated the property owner is not present and he
recommended this matter be temporarily recessed to discuss the following items and perhaps
the property owner will be present by then. In response to Chair Kirkmeyer, Bethany Salzman,
Department of Planning Services, stated this matter was continued from September 19, 2000,
because she had not received a certified receipt that he had been notified of that hearing. Ms.
Salzman stated she has not received a certified receipt of the notice for today's hearing.
however, she did speak with a member of the household who assured her that Mr. Raehal
would be notified of this hearing. Chair Kirkmeyer recessed this matter. Following discussion
of other violation cases, Chair Kirkmeyer called this matter out of recess and clarified Mr.
Raehal is not present. Ms. Salzman stated she has made several attempts to notify the
property owner of hearings; however, the certified letters have come back unclaimed, and she
has. never been able to speak with Mr. Raehal personally. In response to Commissioner Hall,
Ms. Salzman stated the address was correct because he has received her other
correspondence. Responding to Commissioner Geile, Ms. Salzman reviewed the specific
violations shown on the video recording.
Commissioner Hall moved to refer VI #0000157 against Bradford Raehal to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Geile, and it carried
unanimously.
"2/ 0/ 2000-2459
PL0824
HEARING CERTIFICATION - ZONING VIOLATIONS
October 10, 2000
PAGE 2
NEW BUSINESS:
VI #0000130 - HAROLD NELSON, CIO BLAKE NELSON: Ms. Salzman stated the property
owner applied for a Use by Special Review Permit on October 3, 2000, and she recommends
this matter be referred back to the Department of Planning Services pending approval of the
Use by Special Review Permit. In response to Chair Kirkmeyer, Ms. Salzman stated the Use by
Special Review Permit will resolve the violation. Mr. Barker stated this matter may be referred
back to staff, continued, or dismissed. Commissioner Baxter moved to dismiss VI #0000130
against Harold Nelson, do Blake Nelson. The motion was seconded by Commissioner Geile,
and it carried unanimously.
VI #0000181 - DENNIS STITT: 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 32.6.3.1 of the Weld County
Zoning Ordinance. She reviewed the case summary and stated there is a non-commercial
junkyard on the property. Ms. Salzman explained Mr. Stitt has requested legal action on the
violation be delayed due to a medical condition, and staff recommends this matter be referred
to the County Attorney's Office with a delay of 30 days.
Dennis Stitt, property owner, stated he is requesting any action on the case be delayed for 30
days because he has a back injury that prevents him from maintaining and improving his
property. Mr. Stitt stated there are two vehicles under repair that are licensed and insured. In
response to Chair Kirkmeyer, Ms. Salzman stated she took a video recording of the property
yesterday which shows the derelict vehicles and debris. In response to Commissioner Vaad,
Mr. Stitt stated his son is supposed to help him clear the debris; however, he is working two
jobs and only has a limited amount of time. Mr. Stitt submitted a letter from his physician,
marked Exhibit A, explaining his medical condition. He stated he is not certain that all of the
violations will be cleared within 30 days; however, he will attempt to complete the work if he
receives help. Mr. Stitt stated his trailer is licensed and enclosed, and the auto parts will be
removed within the next 30 days. Responding to Commissioner Geile, Mr. Stitt reviewed his
plans to address the various violations. Chair Kirkmeyer requested Ms. Salzman display the
video. Mr. Stitt stated he is aware of the violations; however, until he is in better physical
condition he must rely on the help of his son who only has a limited amount of time. In
response to Commissioner Baxter, Mr. Stitt stated he is pretty certain the items will be removed
within 30 days with the exception of the two vehicles he is working on.
Commissioner Vaad moved to refer VI #0000181 against Dennis Stitt to the County Attorney for
legal action, with the instruction to delay action upon such referral until November 9, 2000, to
allow adequate time for assistance with clearing debris and addressing violations. The motion
was seconded by Commissioner Hall, and it carried unanimously.
VI #9800066 -TERRY BIRD: Ms. Salzman presented the case report for the record, reviewed
the case history, and stated the property is in violation of Sections 31.3.9 of the Weld County
Zoning Ordinance. Ms. Salzman stated the property owners were notified of today's hearing
and indicated they would be present. Chair Kirkmeyer clarified that the Birds were not present
and recessed the case to discuss other items and allow the property owner further time to
2000-2459
PL0824
HEARING CERTIFICATION - ZONING VIOLATIONS
October 10, 2000
PAGE 3
appear. Following discussion of other violation cases, Chair Kirkmeyer clarified that Mr. Bird
was present. Ms. Salzman reviewed the case history since April 16, 1998. In response to
Chair Kirkmeyer, Ms. Salzman stated there have been five previous violations.
Terry Bird stated the most recent problems on his property were caused by a neighbor. Mr.
Bird stated he has lived at this site for 20 years, and he maintained the weeds along the railroad
tracks adjacent to his property. He stated the new Fire Marshall instructed him to quit burning
the weeds along the railroad tracks or he would accuse him of arson. Mr. Bird explained his
neighbor burned weeds on his property and the fire got out of control, crossed the tracks and
destroyed the screening that he had placed to correct previous violations. Mr. Bird submitted
receipts indicating the amount of debris removed from the site, as well as photographs
indicating the amount of damage to his property. In response to Commissioner Baxter, Mr. Bird
stated he understands this violation is concerning derelict vehicles, but he disagrees because
they are licensed and insured. The building materials are for future structures, and he has
replaced most of the burnt screening; however, due to some medical hardships earlier in the
year, he has not completed the project. (Switched to tape #2000-04 (VI)) In response to
Commissioner Vaad, Mr. Bird stated the Great Western Railroad is adjacent to his property and
they do not maintain the tracks; they are used to store more than one mile of old railroad cars.
In response to Commissioner Hall, Mr. Bird stated his vehicles are all operable. He further
stated Sharyn Frazer approached him in 1998 regarding bundles of fencing on his property;
however, that was used for screening which previous inspectors did not feel was appropriate.
Mr. Bird stated he was jailed for one of his previous violations, and while he was there his son
completed the screening per inspector requirements Mr. Bird stated some of the screening
was misplaced and he has been working to correct the configuration of the fence. Mr. Bird
stated he is within a couple of weeks for compliance; however, his taxes will be due at the end
of the month, which may delay his progress due to finances. He further stated he has not been
working for the past month so he would have time to work on his property, but his is going to
return to work so he can raise enough money to cover his taxes and improvement expenses.
Commissioner Hall moved to refer VI #9800066 against Mr. and Mrs. Terry Bird to the County
Attorney for legal action, with the instruction to delay action upon such referral until
November 9, 2000, to allow adequate time for clearing debris and addressing violations. The
motion was seconded by Commissioner Geile, and it carried unanimously. Mr. Bird asked what
he needs to do once he has completed the project to have the matter closed. In response to
Mr Bird, Julie Chester, Department of Planning Services, stated she will work with Mr. laird and
give him instruction.
VI #0000136 - JAMES CAREY: Ms. Salzman presented the case report for the record,
reviewed the case history, and stated the property is in violation of Section 43 of the Weld
County Zoning Ordinance. Ms. Salzman stated the property owner applied for a Zoning Permit
for a Mobile Home to be used as a Principal Dwelling Unit; however, that request was denied by
the Board. She reiterated the motor home does not meet the criteria of Section 43 of the Weld
County Zoning Ordinance. Ms. Salzman reviewed a video recording of the property.
2000-2459
PL0824
HEARING CERTIFICATION - ZONING VIOLATIONS
October 10, 2000
PAGE 4
Stacey Carey, property owner, introduced her father Richard Kuehne, owner of the motor
home. Mr. Kuehne stated he applied for a permanent residence; however, that request was
denied. He stated they are living in the motor home on a temporary basis until they find a place
to live. In response to Chair Kirkmeyer, Mr. Kuehne stated he anticipates this situation to
continue for approximately six months. He further stated once his finances improve, he will look
for a residence. Commissioner Baxter stated Chair Kirkmeyer was not present on day that the
application for a Zoning Permit for a Mobile Home was denied. He stated the Board did not feel
there was an appropriate permit for this situation. Mr. Kuehne stated this situation does not
qualify for any of the Weld County permits; however, he has no other option at this time. n
response to Commissioner Geile, Mr. Kuehne stated he is not certain that six months will be
long enough, but he anticipates that their finances will have improved by then. No public
testimony was offered concerning this matter. Ms. Salzman stated there may be possible
health concerns if this use is allowed for long periods of time.
Commissioner Geile moved to refer VI #0000136 against James Carey to the County Attorney
for legal action, with the instruction to delay action upon such referral until April 6, 2001, to allow
adequate time for Mr. Kuehne to find a permanent place of residence and remove the rnoLor
home. The motion was seconded by Commissioner Baxter. Commissioner Vaad stated at the
previous hearing, there were neighbors in support of the proposed use, and he feels the health
issues can be addressed by the Health Department if any issues arise. Commissioner Vead
continued by stating he is not in favor of extending this use for more than six months, but he is
in favor of this motion. Commissioner Baxter stated discussion at the previous hearing
indicated the motor home could tap into the electrical, water, and septic system of the existing
residence. Ms. Salzman stated the Health Department indicated concerns that the Water
District may not allow for dual use of the existing tap. Commissioner Baxter stated if this use is
going to be allowed for six months, it would be better if they hooked to the septic system of the
residence. Monica Mika, Director of Planning Services, stated septic systems are designed
based on the number of bedrooms in a residence, and added it would be better to have the
motor home system dumped on a regular basis. Ms. Mika further stated the site will need to be
inspected to ensure the unit is self-contained, and it meets minimum safety concerns. Mr
Barker stated this use is not being permitted; the matter is just being referring to the County
Attorney's Office with instruction to delay action for six months. Commissioner Baxter stated
this is not a typical situation and if allowed for six months there needs to be some conditions.
Commissioner Hall stated the Board is not allowing the use for six months, it is allowing the
property owner six months to correct the situation. David Sprague, Department of Building
Inspections, stated if the unit is powered by an electrical cord, and this is allowed on a
temporary basis, there are simple measures to promote electrical safety. Chair Kirkmeye-
stated she is willing to vote for this motion because she feels Mr. Kuehne is sincere in
attempting to correct this temporary situation. The motion carried unanimously.
VI #0000230 -TIMOTHY BARTON: Ms. Salzman presented the case report for the record,
reviewed the case history, and stated the property is in violation of Sections 31.2.1, 31.2.2, and
43 of the Weld County Zoning Ordinance, as well as Section 30 of the Weld County Building
Code Ordinance. In response to Commissioner Hall, Ms. Salzman stated the basic violation is
that they are using a barn for a dwelling unit.
2000-2459
FL0824
HEARING CERTIFICATION - ZONING VIOLATIONS
October 10, 2000
PAGE 5
Timothy Barton, property owner, stated he is caring for his parents, who live in the workshop
outbuilding which looks like a barn. Mr. Barton clarified the structure has never been used for
livestock, and this situation allows him to care for his parents. He explained this use is
temporary until he can no longer care for them or they are deceased. In response to
Commissioner Geile, Mr. Barton stated the site is 2.4 acres. In response to Chair Kirkreyer,
Ms. Mika stated the development is zoned R-1 (Low Density Residential), so there is not as
much flexibility for allowed uses as there would be if it were zoned A (Agricultural). Ms.
Salzman reviewed a video recording of the site. In response to Commissioner Geile, Mr.
Barton stated there is water, sewer, and electrical utilities for the structure, and a portion of ii is
still being used as a workshop. He further stated when the structure was approved for a
workshop, the utilities were allowed to tie into his home. Responding to Commissioner Hall, Mr.
Barton stated there is a kitchenette, sink, restroom, etc. In response to Chair Kirkmeyer, Mr
Barton stated his parents are 71 years old. Ms. Salzman stated a letter, dated September 27,
2000, from the Batons' doctor has been included in the file and she read it into the record. Mr
Barton stated he maintains his property, and feels it is an asset to the community. In response
to Commissioner Vaad, Mr. Barton stated the Brookshires live two homes away. Commissioner
Hall expressed concern with R-1 zoning. He stated other residents purchased their properties
with the understanding that the area will be low density residential and they may not want
accessory structures with more residents. Mr. Barton stated he understands the zoning;
however, approximately 92 percent of the residents signed a petition indicating approval
Pat Bundey, surrounding property owner, stated most of the other residents were not aware
that this situation existed because the Bartons are quiet. Ms. Bundey commended them for
keeping their extended family together, and it is beneficial for the younger generations.
Jim Ernst, surrounding property owner, stated he was the first resident in the area, and he is in
favor of this arrangement. Mr. Ernst stated he is the Chair of the Architectural Control
Committee for the subdivision and the Committee approved this request. Commissioner Hall
stated if allowed, this situation may create a precedent. Mr. Ernst stated Timothy Barton's
father, Wayne Barton, started this development, and he feels Mr. Barton should receive special
permission. Mr. Ernst estimated the average lot size to range from 2.5 acres up to 8 acres.
Responding to Chair Kirkmeyer, Mr. Ernst stated this specific situation is not addressed by the
Covenants; however, the Architectural Committee is enforcing certain criteria of the Covenants
regarding setbacks, minimum square footage, fences, additions. etc. He further stated there is
no fee for trash removal, and the Homeowners assessment fee covers maintenance costs for
streets and common areas. In response to Commissioner Hall, Mr. Ernst stated the subdivision
was approved in 1978. Mr. Barker stated the developer probably applied for R-1 zoning in this
subdivision because the Estate Zone District did not exist at that time. Mr. Ernst stated Mr.
Barton, Sr., worked very hard to meet all of the County requirements at that time. Ms. Mika
added the site is zoned Planned Unit Development R-1 with agricultural uses, which allows for
restriction on the number of animal units allowed.
Kim Hughs, surrounding property owner, stated she is a former Homeowners' Association
board member. She stated this living situation was considered two years ago by the
Association and it determined the request was not a violation of the Covenants. Ms. Hughs
stated she feels the Bartons should receive special allowances in this situation because they
2000-2459
PL0824
HEARING CERTIFICATION - ZONING VIOLATIONS
October 10, 2000
PAGE 6
are the founding members of the subdivision. She further stated that she did not have the
opportunity to sign the petition; however, she does support it. Ms. Hughs reiterated that the
Bartons are an asset to the community, they are not a hindrance, and this situation does not
create a nuisance condition. In response to Commissioner Geile, Ms. Hughs stated the
Covenants do not prohibit the use of outbuildings as an accessory residence. Chair Kirkmeyer
expressed concern with allowing this use and setting a precedent. Ms. Hughs stated the
Homeowners' Association meets monthly and any other request of this nature will be reviewed
on a case-by-case basis.
Pete Clinton, surrounding property owner, stated he supports this living situation. He explained
many of the lots have accessory structures that are furnished with utilities, and he may want to
do a similar request with his kids in the future. Mr. Clinton stated he does not think it would be
appropriate for families with numerous vehicles, but a couple would not negatively impact the
traffic in the area.
Mike Hughs, surrounding property owner, asked whether a mobile home would be allowed in
the R-1 Zone District. Chair Kirkmeyer stated she is not aware that they have been allowed in
the past. Mr. Hughs stated he feels it is admirable of the Bartons to care for their extended
family. Chair Kirkmeyer stated this type of use may have been allowed if this area were zoned
Agricultural. Ms. Mika stated the temporary use permits allow for flexibility; however, they are
limited to the Agricultural Zone District. Mr. Hughs commented he does not feel this is any
more of an impact than the Bartons allowing their parents to live in their own home. He
understands the precedent situation; however, the Homeowners' Association has indicated that
all of the regulations have been followed and will address future situations independent from
this request. In response to Commissioner Geile, Mr. Hughs stated the Covenants were set in
line with the County requirements to obtain initial approval.
Nancy Clinton, surrounding property owner, stated the Covenants do not consider this a
violation; however, they do require each request comply with the County requirements. Ms.
Clinton stated she is the current Homeowners' Association Treasurer, and when this issue was
discussed, the Association agreed future requests of this nature need to be based on a
hardship. Ms. Clinton also stated she signed the petition and she approves of the proposal.
Louise Ernst, surrounding property owner, stated he and his wife were the first residents in the
subdivision and they care about the appearance of the community. Mr. Ernst stated Mr. Barton,
Sr. cared for his parents-in-law within his own home for many years and likely does not want to
place that burden on his own children. Mr. Ernst stated if this living situation is not allowed, they
may be forced to live with Timothy Barton and place a hardship on his family. This situation
does not harm the community and he supports the request.
Kim Hughs reiterated there is a very active Homeowners' Association, which has a lot of
influence over lot maintenance and use. Ms. Hughs requested the Board dismiss this violation
and allow the Homeowners' Association to continue to oversee these types of issues within its
own subdivision, and if there are violations, they will bring them before the Board. There being
no further testimony, Chair Kirkmeyer closed public testimony.
2000-2459
PL0824
HEARING CERTIFICATION - ZONING VIOLATIONS
October 10, 2000
PAGE 7
Mr. Timothy Barton stated if there is another situation similar to this, it will have to be reviewed
by the Homeowners' Association and will be considered on the merits of that individual request.
In response to Commissioner Baxter, Mr. Barton stated he does not feel future requests would
be as highly supported as this one because his father was the founder of the subdivision.
Commissioner Vaad moved to dismiss VI #0000230 against Timothy Barton because the
request was reviewed and supported by the Homeowners' Association, there will be a minimal
imoact, and the neighborhood supports the request. Commissioner Vaad commented the
Board must see that the citizens are protected, therefore, he is in favor of dismissing the
violation and referring the matter to the County Attorney's Office to ensure the structure is in
compliance with the Building Code. Commissioner Geile stated there has been an on-going
social change which requires children provide elder care for their parents, which sometimes
caases financial hardship. He stated most want to ensure their parents are placed in a safe
environment and commented this issue may need to be addressed with future policy changes
Commissioner Hall stated he agrees with the previous comments because this type of use
would have been allowed if the site were zoned Agricultural and he feels the family unit is
important; however, he has some concern with the motion. Commissioner Hall moved to amend
the motion dismiss the violation and just give direction to staff that the building be in compliance
with building regulations, and clarify that this use is temporary until the property owner can no
longer care for his parents or they are deceased. Commissioners Vaad and Baxter moved to
amend their motion as indicated by Commissioner Hall. In response to Chair Kirkmeyer,
Commissioner Hall clarified this is being allowed as a temporary use for care of elderly parents,
and he does not intend for the property owner to use the accessory structure for a third party
once the use ceases. Commissioner Geile stated there has been significant testimony from
members of the Homeowners' Association supporting this situation, and in essence, this is a
medical hardship. Ms. Mika state staff will track this use similar to a medical hardship permit to
confirm that the medical hardship still exists, and when the medical hardship ceases, the
structure will need to be reconverted to a shop or not used as a dwelling. Chair Kirkmeyer
stated she concurs with the previous comments, and staff needs to consider this type of
flexibility in the Residential Zone District for future planning policies. She further stated
affordable housing in a difficult issue in Weld County which will need to be addressed through
the zoning policies. The motion carried unanimously.
2000-2459
F'L0824
HEARING CERTIFICATION - ZONING VIOLATIONS
October 10, 2000
PAGE 8
This Certification was approved on the 16th day of October, 2000.
APPROVED:
ATTEST: avril 't j }:!/ �� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ti
,
Weld County Clerk to t, : - ( O�� " .. , w itti e' - —_—
i Barbara J. 4kmeyer, Chair
BY: .,- -' . , j,. .eA.
Deputy Clerk to theN \ - ---
M. J. Geile, Pro-Tern
r 7 � 2
TAPE #2000-03(VI) and #2000-04(VI) � /
/�George�E. Baxter
•
a e . Hall
,i
fi 1
Glenn Vaad -
2000-2459
PL0824
Hello