HomeMy WebLinkAbout20002014.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on August 8, 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, Julie Chester
Planning Department representative, Joe Mendez
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 #0000209 - FISH SCOTT FAMILY TRUST: Joe Mendez, Department of Planning Services.,
reviewed the case report for the record and stated the property is in violation of Section 30 5.2 of
the Weld County Building Code Ordinance, since a swimming pool is being used without a final
inspection being conducted. David Sprague, Department of Planning Services, explained the
voltage flowing through the ground and the contributing factors which constitute a safety h azard,
and stated any pool with wire mesh, rebars, etc. in the ground needs to be inspected prior to t
being covered. In this instance it was covered without an inspection. Responding to Commissioner
Baxter, Mr. Sprague stated the property owner has failed to provide a letter from the engineer
verifying it was properly installed,a hot tub has also been installed, the pool is full of water ar d with
inflatable toys in the pool it is assumed to be in use. Commissioner Hall clarified that no
inspections were made of the pool. Mr. Sprague further clarified the building the pool sits it is not
completed; however, the pool is completed. Responding to Commissioner Geile, Mr Mendez
stated to his knowledge a licensed electrician did install the pool.
The property owner was not present or represented. Commissioner Geile stated this is a life
threatening situation, and a very definite safety hazard; therefore, the county needs to act quickly.
Bruce Barker, County Attorney, stated the Board can refer it to his office for immediate action.
Responding to Commissioner Geile, Mr. Mendez stated the pool is a separate structure from the
house, and a pool permit was issued; however, inspections were not requested. Commissioner
Hall moved to refer VI #0000209 against the Fish Scott Family Trust to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Baxter, and it carried
unanimously.
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VI#0000089 and VI#0000185-STYSKAL: Bethany Salzman, Department of Planning Services,
presented the case report for the record and stated the property is in violation of Sections 31.2.1
and 2 of the Weld County Zoning Ordinance, as well as Section 30 of the Weld County Building
Code. She stated to bring the property into compliance, the property owner must either obtain a
Nonconforming Use or abandon the detached garage currently being used as a residence, as well
as obtain all appropriate permits from the Department of Building Inspection. Mr. Mendez
explained the detached garage did not have the proper permits when it was remodeled
Patricia Styskal, property owner, explained she moved her RV from Loveland onto the property in
order to protect her property, because she was being harassed. She said the detached garage is
one-third apartment and two-thirds garage, and she has told the tenants to leave. Ms. Styskal said
she has to figure out what to do with the property. She explained it was a HUD property when she
bought it; it was advertised by HUD as having several outbuildings; the property has two garages,
one of which is detached, and one large building. (Switched to Tape #2000-03(V).) Ms. Styskal
further explained she moved her mother's mobile home to the property when her mother had to
move into an assisted living complex, at which time she intended to apply for a temporary medical
permit. She has now converted the large detached garage back to one-third apartment, two-thirds
garage, and she would like to keep it as a residence, which is what it originally was. Responding
to Commissioner Geile, Ms. Styskal clarified there is a house with a garage, a detached garage,
and the larger building. She also stated the RV is still on the property; however, no one lives in it,
and it is not hooked up. She further stated she is looking for a place to store it. Responding to
fuilher questions from the Board, Ms. Styskal stated the large building and both garages are
detached. Responding to Commissioner Baxter, Ms. Salzman stated the Assessor assesses the
building as a detached garage and, in order to be considered a Nonconforming Use,the use could
not have changed for the previous six months. Therefore, since this was previously a kennel, an
office building, and is now a residence, it is not eligible for a Nonconforming Use as the second
dwelling unit on the property. Chair Kirkmeyer clarified there is one large building (being called a
detached garage and/or mother's quarters), a 210-foot detached garage, as well as one house on
the property. Ms. Styskal presented the HUD advertisement, marked Exhibit A, for the record and,
responding to Commissioner Kirkmeyer, stated she does not know what she wants to do w,th the
detached, mother's quarters, perhaps live there and rent out the front house.
Mike Styskal, son of Patricia Styskal, clarified when the property was purchased, there were two
buildings which they thought was two houses. He stated they converted one back into a garage,
by removing the bathroom, plumbing, carpet, etc.;therefore, it is still two houses. Chair Kirkmeyer
stated although someone was living in the house, it was not permitted as a residence and the buyer
should have known if everything was properly permitted properly prior to purchasing. Mr. Barker
stated every buyer has an obligation to make certain the property is zoned properly for the intended
use, and stated Ms. Salzman is correct about the Nonconforming Use not being eligible because
it has not been used continuously as a dwelling unit. Ms. Salzman also indicated the pictures
presented by staff should be marked Exhibit B. Commissioner Baxter clarified if the Assessor had
listed it as a house, it could be determined to be a Nonconforming Use; however, the Assessor
records show only one house on the property.
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Karen Hall, adjacent property owner, stated previous to the Styskal's purchase, there was a
caretaker living in the detached apartment,which had plumbing and heating, therefore, it has been
established as a residence. She further stated the caretaker was taking care of dogs that were left
there, and it was being shown as a separate property that needed some updates. Ms. Hall stated
she is a Real Estate Agent, and she did show the property. Responding to Commissioner Geile,
Ms. Hall stated HUD did the closing on the property, and she was unsure whether there was a title
review. Ms. Styskal stated the closing was with a title. Mr. Styskal reiterated the property was
presented by HUD as having two houses, and there was not even a garage door on the building
until he added it.
Doris Portence,Arvada,verified at the time of purchase,the apartment did have heating, plumbing,
etc, and Ms. Styskal has changed part of it into a garage and left one part of it as an apartment.
Mike Whitman, adjacent property owner, stated the outbuilding was not a house since there were
no interior walls, there was a strong odor from being a dog kennel, and further stated he tre'iched
the property to run water to that building and it was not a housing unit.
John Killian, adjacent property owner stated he has lived there since 1970, and verified the garage
was built after 1977, and it was used for calves and dogs. Mr. Killian verified he helped treat:salves
in that building and that it was not an apartment until after the Styskal's moved in. After further
discussion, Ms. Salzman stated staff's recommendation to allow 30 days for the kitchen and
bathroom to be removed or demolished, since it is not a dwelling unit. Mr. Mendez stated they
should remove the plumbing and that no one would be able to live there, however, it could be used
for storage. Commissioner Geile moved to accept staffs recommendation to refer VI #0000089
and VI#0000185 to the County Attorney,with the instruction to delay action upon such referral until
October 8, 2000, to allow time for the property owner to make the required changes. Seconded
by Commissioner Vaad, the motion carried unanimously. Responding to questions from the
property owner, Mr. Barker indicated he will explain the County Attorney's process to the property
owner.
VI #0000193 - STEELE: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 31.3.9 and 31.4.8 of the Weld County Zoning Ordinance
because of the Nonconforming Junkyard on the property. She stated to bring said property into
compliance, the property owner must remove or screen the junkyard from all adjacent property
owners and public rights-of-way. The property owner also needs to obtain a Use by Special
Review Permit or reduce the number of animal units to those established by the Zoning Ordinance.
Ms. Salzman further stated the property owner has agreed to remove one horse, two dogs, and all
the sheep and goats within two weeks to one month, bringing her down to one animal unit over the
correct number, as well as to remove the building that is causing the setback issues. She would
then only need to screen or remove the derelict vehicles,wood and debris. Staff is recommending
she be allowed six months due to the fact that she is trying to sell or trade her property in o-der 10
find a new location.
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Responding to Commissioner Baxter, Ms. Salzman stated the violation normally goes with the
property; however, if the property owner moved she would remove most of the violations, including
the building and junkyard. Commissioner Vaad stated nothing would be incumbent upon the owner
to fix the number of animal units until the six months was up,and Ms. Salzman reiterated she would
bring the number of animal units into compliance, except for one dog, within one month.
Maureen Steele, property owner,stated she had an 80-acre exotic farm in Nebraska and that while
she was purchasing this property, she went to Planning to check the number of animal units, and
was told she would be allowed four. Since she was a licensed kennel operator, staff also told her
she could have a Use by Special Review Permit for a kennel for her show collies. At present she
has seven dogs,one of which will be going to Redfeather with her son, and one will be sold, leaving
five dogs. Ms. Steel also stated staff told her a building of 120 square feet or less, did not require
a building permit. Ms. Steel explained because of harassment of an individual, she is looking for
another piece of property to move to, and is hoping to do so within six months. She explained she
has done a lot of work on fencing, installing a split rail fence with galvanized steel gates, and the
stacked wood is to finish the building which would have been used to store hay. Responcing to
Chair Kirkmeyer, Ms. Salzman stated only one building on the far south end of the property is
before the Board today; however, the other buildings will be brought before the Board later.. Ms.
Steele clarified for Chair Kirkmeyer she has eight sheep, nine goats,three horses, and seven dogs;
and stated the sheep and goats could have been moved prior to this hearing; however, she wanted
to wait until now to move them. She stated the sheep and goats will be gone within a couple of
weeks. Responding to further questions from Chair Kirkmeyer, Ms. Steele stated she received the
Use by Special Review application in March; however, because of moving she stopped the
process.
Responding to Commissioner Baxter and Chair Kirkmeyer, Ms. Steele stated she is willing to do
everything to bring the property into compliance, and that the requested six months is to allow time
for trade of property, value to value, or to complete the pending litigation. Commissioner Hall
stated he is ready to make a motion, and since Ms. Steele is willing to come into compliance there
is no need to take public testimony; however, after discussion among the Board, it was the
consensus of the Board to allow testimony.
Ms. Steele stated regarding derelict vehicles, there is a 1987 Van which needs mechanical work,
and Jerry Smith, has been working to get it running. Chair Kirkmeyer stated the van without a
license plate needs to either be licensed and in running condition or totally screened from adjacent
property. Ms. Steele said there is no building on the property to put the van in; however because
of the way the property is situated, no one can see it, except from the two pastures or the City of
Evans yard.
Tom Hamblen, adjacent property owner, stated he shares property corners with Ms. Steel and he
has owned and lived on his property for more than 45 years. He said there have been many
changes in the neighborhood, and other property owners have thumbed their noses at County
regulations. Mr. Hamblen submitted a chronology of events, and pictures of the property, marked
Exhibit A and B, respectively. He stated he called the Department of Planning Services and
reported violations which include number of animal units; operation of a noncommercial junkyard
as defined by the County Zoning Ordinance, which includes trash, debris, derelict vehicles and
numerous other junk on the property; substandard buildings and improper setbacks; and kennel
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operations being conducted on the property without proper permits. Mr. Hamblen states he is
disappointed the County does not have a barking dog ordinance and stated over a number of
months the dogs have been a total nuisance. He stated the purpose of the Weld County Zoning
Ordinance is to protect the health and safety of the citizens, and that there are others in the
neighborhood who also need to be brought into compliance. Mr. Hamblen asked the Board to
require immediate compliance.
Bill Thompson stated he lives half a block away from the Steele's and, although he is deaf, the
dogs still wake him up. He further stated he is tired of cleaning up the trash; it is not humane for
the animals to be left on the property with no one there; and the dogs get out and run throughout
the neighborhood.
Linda Vohn, stated she resides west of the Steele's, and also has 20 acres to the south. Ms Vohn
stated the board should get something done to that area referred to as the"Evans Jungle", and the
entire neighborhood should be required to come into compliance with the Zoning Ordinance.
Responding to Commissioner Geile, Ms. Salzman stated Ms. Steele has agreed to get down to five
dogs within one month, and staff is recommending action be deferred for six months.
Commissioner Geile moved to refer VI #9999193 against Maureen Steele to the County Attorney
for legal action, with the instruction to delay action upon such referral until February 8 2001 to
allow adequate time for the property to be brought into compliance. The motion died when no one
seconded the motion.
Commissioner Baxter clarified a Use by Special Review Permit would need to be obtained to allow
over four dogs, and moved to refer VI #0000193 against Maureen Steele to the County Attorney
for legal action, with the instruction to delay action upon such referral until September 8, 2000, to
allow adequate time for the property owner to come into complete compliance. The motion was
seconded by Commissioner Hall, and it carried unanimously.
VP #9900271 - BALDWIN: Mr. Mendez presented the case report for the record and stated the
property is in violation of Section 30 of the Weld County Building Code Ordinance, specifically, a
pole barn structure which needs to have a Flood Hazard Development Permit obtained in order to
issue a Certificate of Compliance. Mr. Mendez further stated Jay Freese, Engineer, has been
working on the permit and is requesting a two-month delay to allow enough time for the permit to
be issued. Responding to Commissioner Kirkmeyer, Mr. Mendez said the property owner started
the process in 1999 and knew the permit was needed, although it does take approximately 45 days
to process after the application has been completed.
Joe Baldwin, property owner, stated he does understand the violation, he has spent at least ten
hours trying to get the permit, and has now hired Mr. Freese to obtain it. Mr. Baldwin commented
it is difficult to get calls returned from the Department of Planning Services, and that he spent a lot
of time trying to work with them. He explained he has two solutions, either pile up the dirt, or make
sure the property is waterproof. Mr. Baldwin stated he has a house and an outbuilding two feet
below flood line; he has a berm around the pole barn, and he does not want to raise it three feet
above the ground when the house and good outbuilding are the important buildings to him. Mr.
Baldwin stated navigating through the process takes time and the process should not be trivialized,
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it does take considerable time. He requested 60 days. Responding to Chair Kirkmeyer, Mr.
Baldwin stated he has hired Mr. Freese, and 60 days ought to get it done. Responding to
Commissioner Baxter, Mr. Mendez stated Mr. Freese has been involved since last September or
October, but he has been frustrated trying to get in touch with the right people.
Responding to Commissioner Hall, Mr. Mendez stated since it is a pole barn structure, a building
permit is not required; however, the Certificate of Compliance is required because of the flood
zone. Commissioner Vaad moved to refer VI #9900271 against Joe and Alice Baldwin to the
County Attorney for legal action,with the instruction to delay action upon such referral until October
8, 2000, to allow adequate time for the property to be brought into compliance. The motion was
seconded by Commissioner Baxter, and it carried unanimously.
VI #0000157- RAEHAL: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 32.6.3.1 and 32.2 3.6 of the Weld County Zoning Ordinance.
Ms. Salzman stated she has not been in telephone contract, nor has she received the Certified Mail
Return Receipt, therefore, she requested continuance to the September hearings. Commissioner
Geile moved to continue VI #0000157 against Bradford Raehal to September 19, 2000 The
motion was seconded by Commissioner Vaad, and it carried unanimously.
This Certification was approved on the 14th day of August, 2000.
APPROVED:
ATTEST: LAW I L'��� f�� �` W BOARD
COUNTY
COMMISSIONERS
D COUNTY, COLO DO
Weld Co my Clerk to t go � O
e er, Chair.77 Barbara J irkme
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BY: /����, � _�r�%;_ /
Deputy Clerk to the :. V� -----
1,st . J Geile, Pro-Tem
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TAPE #2000-2 and 3 (V)
;,Gebrg6 E. Baxter
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Dale K. Hall
EXCUSED DATE OF APPROVAL
Glenn Vaad
2000-2014
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