HomeMy WebLinkAbout20001514.tiff HEARING CERTIFICATION
RE:: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE
A public hearing was conducted on June 20, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair- EXCUSED
Commissioner M. J. Geile, Pro-Tern
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Esther Gesick
Planning Department representative, Bethany Salzman
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 #0000067 - CECIL INVESTMENTS, LLC: Bethany Salzman, Department of Planning
Services representative, presented the case report for the record and stated the property is in
violation of Section 33.4.4.5 of the Weld County Zoning Ordinance. She submitted a survey
plat of the property, marked Exhibit A, stated the initial complaint was received on March 30,
2000, and several site inspections have been conducted since that time. Ms. Salzman
indicated some improvements have been made to the condition of the site, and Vernon Cecil,
property owner, is requesting a three-month extension to allow him adequate time to work with
the Department of Planning Services staff to submit a corrected Site Plan for review and
approval. She explained the current site plan does not correctly reflect the layout of the building
and it was originally approved for storage of construction equipment, not a salvage yard a≥ it is
currently being used. Ms. Salzman showed a video of the subject property and stated the
Department of Planning Services is also requesting the property owner be required to screen
the property from adjacent rights-of-way. In response to Commissioner Baxter, Ms. Salzman
stated the new Site Plan will reflect the current business which does sometimes have derc lict
vehicles. She requested these vehicles be stored behind the business area with solid
screening.
Mr. Cecil stated he owns the subject property; however, at the time of the violation the sitE was
rented to a tenant who was stripping vehicles and shipping the parts to Mexico without his
knowledge. Mr. Cecil stated the tenant was difficult to contact to give instructions for
maintenance of the site. He stated the tenant now has his own property and no longer uses
this site. Mr. Cecil stated he feels the tenant should also have been held responsible for tie
violation, and added that some of the vehicles brought to the shop are derelict because they
need repairs, cannot pass emissions tests, or are inoperable; however, once the cars are
operable, the owners are responsible for licensing. Mr. Cecil gave a brief description of the
surrounding businesses and added he is willing to screen the property; however, he does not
want to do extensive landscaping because there have been numerous threats at the site and
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landscaping will only add more shelter for thieves. Mr. Cecil stated he owns approximately 30
properties similar to this and sometimes a bad tenant causes problems. Responding to
Commissioner Baxter, Mr. Cecil explained sometimes derelict vehicles sit in front of the shop
until there is room for them to be worked on, and reiterated that the current Site Plan does not
adequately reflect the structure design or layout of the lot. In response to Commissioner Vaad.
Mr. Cecil stated he understands staffs' recommendation for resolving this issue, he is willing to
screen the property, and he will work with staff to determine an appropriate type of landscaping.
Monica Mika, Director of Planning Services, stated the Site Plan Review process will require
landscaping, and she requested the Board give some direction as to how much and what type
of landscaping will be required of Mr. Cecil since this is an existing operation. Commissioner
Baxter commented there are different landscaping styles that may work. Ms. Mika indicated
that staff will discuss the landscaping options with the property owner to address issues such as
aesthetic appeal, screening, and irrigation. Mr. Cecil stated the site is completely paved u 3 to
the road right-of-way, and there is a twenty-foot strip of gravel which he believes has beer
obtained for additional right-of-way in the event the street is widened. In response to
Commissioner Baxter, Ms. Mika stated the Site Plan has to be done because the existing )lar
does not reflect the correct use or structure design. Responding to Commissioner Vaad, Ms.
Mika stated it is unclear why this site was required to have a Site Plan because there is nc case
number to trace the history on the site; however, the plan was approved by the Board of
Commissioners with Development Standards. She further stated the two situations that trigger
a Site Plan Review are substantial changes to a site or the request for building permits.
Commissioner Hall stated the site still needs to be brought into compliance with the existirg
Development Standards and if it remains out of compliance, the use could be revoked. Bruce
Barker, County Attorney, clarified the site is not being used as originally approved and the
building is configured differently than shown on the plat; therefore, the plan should be
corrected. In response to Commissioner Baxter, Mr. Cecil reiterated the site is paved up tc the
right-of-way which will make it difficult for landscaping. Ms. Salzman stated the designated
landscaping area is actually a twenty-foot access easement which is currently filled with
pavement. Commissioner Hall stated the original owner did not follow through with the agreed
Development Standards and he feels the site should be brought into compliance. Mr. Cecil
stated the additional right-of-way easements along F Street and 35th Avenue give them an
unusually large right-of-way width. In response to Commissioner Baxter, Ms. Mika stated it is
not clear whether the existing road now includes the twenty-foot easement. Responding t)
Commissioner Geile, Mr. Cecil clarified that the tenant who caused the violation has since left
Commissioner Vaad clarified for Mr. Cecil that the plans were not followed by the original
property owner and staff is requesting a 90-day delay in action to allow him adequate time to
submit a new and correct Site Plan for the site which will still be subject to landscaping an I
screening improvements. Mr. Cecil indicated he understands and stated he thinks the twenty-
foot easement has become part of the overall road right-of-way.
Commissioner Hall moved to refer VI #0000067 against Cecil Investments, LLC, do Vernon
Cecil to the County Attorney for legal action, with the instruction to delay action upon such
referral until September 27, 2000, to allow Mr. Cecil adequate time to submit a new and correct
Site Plan, with the understanding that the existing Development Standards are to remain ii
place and staff will work with the property owner to determine an appropriate type and amcunt
of landscaping. The motion was seconded by Commissioner Vaad, and it carried unanimously.
(Clerk's Note: Switched to Tape #2000-02(V))
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VI #9900343 - HUNTER: Ms. Salzman presented the case report for the record and states, the
property is in violation of Section 31.3.9 of the Weld County Zoning Ordinance. She stated the
initial complaint was received and the first inspection conducted on November 24, 1999. Ms.
Salzman indicated there was an issue regarding the address of the site which has since been
corrected and on May 10, 2000, she and Vicky Hamilton, Department of Planning Services,
completed a site inspection. She stated Mr. Hunter submitted a letter which was received on
May 25, 2000, and a reply was sent dated June 6, 2000, indicating the time of today's hearing.
Ms. Salzman showed a video of the site and stated the violations include various types of
debris, and derelict vehicles and equipment which are visible from Weld County Road 6. In
response to Commissioners Hall and Baxter, Ms. Salzman stated the video was recorded
yesterday, and since the time of the complaint most of the derelict vehicles have been
addressed but there are still a few there and the debris has not been cleared.
Richard Hunter stated Vicky Brown, previous Zoning Violations Officer, sent a letter and
inspected the property approximately six months ago. He stated they discussed the necessary
changes, some of which he has completed; however, he did not hear any further from the
County and assumed the issue had been resolved. Mr. Hunter stated in May 2000, Ms.
Salzman inspected his property without notifying him and cited several new issues that were not
part of the original complaint, nor would they have been seen from the road if she had not
entered the property. He stated the two violations issued that day were regarding a truck which
is stored in the garage and a row of snow fencing along the driveway. Mr. Hunter stated his
property is zoned Agricultural and some of the items shown in the video such as covered hay
bales and are commonly accepted. He further stated the vehicles all have current sticker≤ or
are stored behind a fence and screened, and submitted photographs, marked Exhibit A. Id
response to Commissioner Baxter, Ms. Salzman stated her first inspection was conducted as a
result of the original complaint and Mr. Hunter did not receive a reply for some time due to a
change in staff. Responding to Commissioner Geile, Ms. Salzman reiterated, there are still
some derelict vehicles being stored at the back of the property, the truck in the garage does not
have tags and should be enclosed since it is visible from Weld County Road 6, the site is near
1-25 and a subdivision, and the debris is still evident. Mr. Hunter stated items such as stacked
firewood and the snow fencing should not be a violation in the Agricultural Zone District ar d it
was not appropriate for Ms. Salzman to enter his property without notifying him. He further
stated the agricultural equipment is not derelict because it is operable. He stated a resident
from the nearby subdivision submitted the complaint, the previous inspector did not have a
problem with the issues discussed by Ms. Salzman, and the site is compatible with the
surrounding area. Mr. Hunter stated he is willing to cooperate and complete any necessary
upgrades; however, he reiterated that staff should have followed proper procedure in notifying
him. In response to Commissioner Baxter, Mr. Hunter gave a brief description of the
surrounding uses, and explained that he does not use the farm machinery for an agricultu-al
purpose other than some use around his property. In response to Commissioner Vaad, Ms.
Salzman stated the primary violations include the truck in the garage which does not have a
hood and is rusted, and the other questionable vehicles located on the northwest corner of the
site. Ms. Mika stated derelict vehicles are those that are not licensed or are inoperable. Mr.
Hunter stated his son has been working on the truck in the garage so it is not licensed, and the
remaining vehicles are not licensed, but they are not visible from the road.
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Commissioner Vaad stated he agrees with staff regarding the vehicles but the nature of an
agricultural area does allow for items like covered hay, snow fencing, etc. Commissioner Vaad
moved to refer VI #9900343 against Richard Hunter to the County Attorney for legal actior, with
the instruction to delay action upon such referral until July 20, 2000, to allow adequate time for
bringing the vehicles into compliance. The motion was seconded by Commissioner Baxter.
Commissioner Hall commented he does not feel the vehicle inside the garage is an issue
because it is being restored in the garage; however, he is in favor of the motion regarding any
other derelict vehicles that are stored outside. Commissioner Baxter commented the garage
door should remain closed if possible for screening purposes. The motion carried unanimously.
VI #0000056 - SEWALD: Ms. Salzman presented the case report for the record and stated the
property is in violation of Section 23.1.2 of the Weld County Zoning Ordinance. Ms. Salzman
recommended a 45 to 60 day extension of this case to allow the property owner adequate time
to submit a Site Plan Review. In response to Commissioner Hall, Ms. Salzman stated the Site
Plan Review will resolve the issue.
In response to Commissioner Baxter, Richard Sewald, property owner, stated he has the
checklist of what is required for a Site Plan, and added that staff has agreed to work with him in
order to complete the process within the extension period.
Commissioner Vaad moved to refer VI #0000056 against Richard Sewald to the County
Attorney for legal action, with the instruction to delay action upon such referral until Augus: 19.
2000, to allow adequate time for Mr. Sewald to submit and complete a Site Plan Review tc the
Department of Planning Services for review and approval. The motion was seconded by
Commissioner Baxter, and it carried unanimously.
VI #9900251 - CURTIS: Bethany Salzman, Department of Planning Services, presented the
case report for the record and stated the property is in violation of Section 31.3.9 of the Weld
County Zoning Ordinance. She stated the initial complaint was received on August 4, 1999,
with various correspondence and contracts with the property owner until the Board of
Commissioners hearing on February 28, 2000. Ms. Salzman explained the matter was
continued at that time to allow Planning staff adequate time to determine adequate support of
ownership on the property. Ms. Salzman stated she did send a certified notice of today's
hearing, but she does not have evidence that it was signed for and she recommended this
matter be referred to the County Attorney's Office for immediate action. In response to
Commissioner Baxter, Ms. Salzman stated the receipt was signed for the first hearing; however,
the property owner did not attend and there was some question as to whether the person Nho
signed for the letter was actually the property owner. Ms. Mika explained that previously the
Board felt staff may not have notified the appropriate person; however, staff has obtained a
marriage license indicating the initial receipt was signed for by an owner of the property.
Responding to Commissioner Baxter, Ms. Salzman stated she is not sure why a receipt has not
been returned. In response to Commissioner Geile, Ms. Salzman stated she has left various
notes and phone messages at the property in relation to today's hearing. Ms. Mika stated the
previous hearing was continued to determine ownership; however, that has been addressed
because the marriage license shows that the person who signed for the notice is the wife Df the
property owner. In response to Commissioner Hall, Ms. Salzman stated she did film a video of
the property yesterday.
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Commissioner Hall moved to refer VI #9900251 against Gary Curtis to the County Attorney for
legal action, with the instruction for immediate action. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
Ms. Salzman stated case number VI #9900305 against Steve Collins was continued to today,
however, she was unable to contact him until yesterday because he lives in Wyoming. Ms.
Salzman stated she granted said case a thirty-day extension.
This Certification was approved on the 26th day of June 2000.
APPROVED:
ATTEST: LI/ . �� E BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to Y �.. ��Q � -- EXCUSED
/ / '��►�� Barbara J. Kirkmeyer, Chair
BY:
Deputy Clerk to the : � j i EXCUSED DATE OF APPROVAL
M. J. G ile, Pro-Tem
TAPE #2000-01(V) and #2000-02(V)
® a . Baxter
Dale Vail
EX SED DS4 U LROVAL
Glenn Vaad
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