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Home My WebLink About941601.tiff HEARING CERTIFICATION BUILDING CODE AND ZONING VIOLATIONS RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES A public hearing was conducted on April 12, 1994, at 10:00 a.m. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Carol Harding County Attorney, Bruce Barker Planning Department representative, Keith Schuett Planning Department representative, Barry Krammer Planning Department representative, Ed Stoner 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 Building Code and Zoning Ordinances. Bruce Barker, County Attorney, indicated a revision had been made in the procedure and asked the Board to make specific motions for the record for each case heard. Cases heard were as follows. VI #2021 - John C. and Gwendolyn S. Noland: This case was continued from the March 8, 1994 hearing. Keith Schuett, Department of Planning Services, made this a matter of record and presented the case report for the record, including a video made April 11, 1994 of said property. Mr. Schuett explained this property is located in the I-3 (Industrial) Zone which does not provide for outside storage and grazing and confinement of animals, a violation of Sections 34.4.2 and 34.4.5 of the Weld County Zoning Ordinance. John Noland, property owner, was present and explained that his sister and mother moved from Kansas City in September 1993 and had no other place to keep the horses. He asked the Board for an extension of 180 days which would allow them to attain the financial stability to find a place to live and for the horses. Discussion followed and, in response to a question from Commissioner Kirkmeyer, Mr. Noland indicated he would be able to move stored materials within twenty days. (Changed to Tape #94-20. ) No public testimony was given. Commissioner Harbert moved to delay referral of VI #2021 for John and Gwendolyn Noland to September 1, 1994; however, she instructed Mr. Noland to remove the stored materials from the property within thirty days. Commissioner Kirkmeyer seconded the motion, which carried unanimously. VI #2035 - Snyder Oil Corporation: Mr. Schuett made this a matter of record and presented the case report for the record, including a video made April 11, 1994. Mr. Schuett explained the setbacks are a violation of Section 31.5.2 of the Weld County Zoning Ordinance and a variance must be approved or the equipment must be moved to the required setback or from the property to correct the violation. He also verified that Snyder Oil has not applied for a variance at this time. Karen Wood, Snyder Oil representative, indicated the company intends to move the tanks into compliance. She apologized for the delay in responding to the violation, citing staff changes and other internal problems. In response to Commissioner Kirkmeyer, Ms. Wood stated the violation should be in compliance within thirty days, but she would have to verify that timeframe with management. The Board clarified that a definite answer would be required at this hearing and that no other notification prior to referral 941601 BUILDING CODE AND ZONING VIOLATIONS PAGE 2 to the County Attorney would be forthcoming. Ms. Wood requested a sixty- day extension. In response to Commissioner Harbert, Mr. Schuett indicated that sixty days should be enough time to comply. There was no public comment. Commissioner Hall moved to grant a sixty-day extension to Snyder Oil Corporation for VI #2032, with referral to the County Attorney if not in compliance at that time. Commissioner Baxter seconded the motion, which carried unanimously. VI #2035 - Theodore A. Rojas: Mr. Schuett made this a matter of record and presented the case report, including a video made April 11, 1994, for the record. Mr. Schuett reported the mobile home on this property does not have the proper zoning permit, a violation of Sections 31.2, 31.2. 16, and 43 of the Weld County Zoning Ordinance. He indicated the proper permit must be approved or the mobile home removed from the property to comply. The property owner was neither present nor represented. Planning staff established that no one was living in the mobile home and verified they have received no response to notices sent to the owner. No public testimony was offered. Commissioner Hall moved to refer VI #2035 against Theodore A. Rojas to the County Attorney for legal action. Commissioner Kirkmeyer seconded the motion, which carried unanimously. VI #2037 - R.J. and Doris Sittingdown: Mr. Schuett made this a matter of record and presented the case report, including a video made April 11, 1994, for the record. He explained the noncommercial junkyard on the property is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. He indicated the property owner must submit an approved screening plan or remove the noncommercial junkyard to comply. The property owner was neither present nor represented. Mr. Schuett reminded the Board that Mr. Sittingdown was given a sixty-day delay for violations on the adjacent lot at the March 8, 1994 Violations Hearing and has not yet come into compliance. The Board verified no attempt to comply has been made and no response has been received by staff. No public testimony was offered. Commissioner Harbert moved to refer VI #2037 for R.S. and Doris Sittingdown to the County Attorney for legal action. During further discussion, Commissioner Hall indicated that a delay of thirty days might prompt the property owners to attempt to comply in both violation cases. Commissioner Harbert withdrew the previous motion and moved to delay referral to the County Attorney for legal action of VI #2037 for R.J. and Doris Sittingdown for thirty days to coincide with the previous violation deadline. Commissioner Hall seconded the motion, which carried unanimously. VI #2036 and VI #2038 - Gerald and Beverly Slusher: Mr. Schuett made this a matter of record and presented the case reports, including a video made April 11, 1994, for the record. Mr. Schuett explained these violations of Sections 31.2, 31.9, 31.2.16 of the Weld County Zoning Ordinance, located on Lots 4 and 5, Block 4, Aristocrat Ranchettes, are noncommercial junkyards and unpermitted mobile homes. To come into compliance, the property owners must have the proper permits and a screening plan approved or the junk and mobile homes must be removed. The property owners were neither present nor represented. No public testimony was offered. Planning staff indicated that no response has been received from the property owners regarding these violations. After discussion, Commissioner Hall moved to refer VI #2036 and VI #2038 for Gerald and Beverly Slusher to the County Attorney for legal action. The motion was seconded by Commissioner Kirkmeyer and carried unanimously. BUILDING CODE AND ZONING VIOLATIONS PAGE 3 VI 02031 - Ronald Vaught and Tom Foster: Mr. Schuett made this a matter of record and presented the case report, including a video made April 11, 1994, for the record. He explained the outside storage of materials, trailers and junk without an approved site plan review or screening is a violation of Sections 33.4.2 and 33.4.5 of the Weld County Zoning Ordinance. The property owners were neither present nor represented and no public testimony was offered. In response to Commissioner Harbert, Mr. Schuett stated that last week the property owners indicated they had not received the site review notice and staff resent the notice. Staff has received no response since that time. Commissioner Baxter moved to refer VI 02031 for Ronald Vaught and Tom Foster to the County Attorney for legal action. Commissioner Hall seconded the motion, and it carried unanimously. VI 02029 - Pamela J. Pine: Mr. Schuett made this a matter of record and presented the case report, including a video made April 11, 1994, for the record. He explained this property is in violation of Section 31.2 and 31.3.9 of the Weld County Zoning Ordinance because of a noncommercial junkyard consisting of derelict autos and miscellaneous junk. To correct the violation, the property owner must have an approved screening plan or remove the junk from the property. Mr. Schuett verified the property owner has not responded to notices sent and no notices have been returned as undeliverable. Neither the property owner nor her representative was present and no public input was offered. Commissioner Harbert moved to refer VI 02029 for Pamela J. Pine to the County Attorney for legal action. The motion was seconded by Commissioner Baxter and carried unanimously. BCV 02100 - Allan E. Pezolt: Mr. Schuett made this a matter of record and presented the case report, including a video made April 11, 1994, for the record. He explained this case is a violation of Sections 50.5.3 and 70.4.2 of the Weld County Building Code Ordinance, failure to complete mobile home inspections. Mr. Schuett stated the property renter indicated the violation has been corrected and Mr. Pezolt has requested a thirty-day extension to allow staff time to complete final inspections. Neither the property owner, renter, nor representative was present. Commissioner Hall moved to refer BCV 02100 for Allan E. Pezolt to the County Attorney if found not to be in compliance in thirty days. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. BCV 02097 - Terri Johnson: Mr. Schuett made this a matter of record and presented the case report, including a video made April 11, 1994, for the record. He explained the owner has failed to complete the steps, plumbing inspections and final mobile home inspections, a violation of Sections 20.9.8, 20.9.3, 60.5.1 and 70.4.2 of the Weld County Building Code Ordinance. Neither the property owner nor a representative was present. Building Inspection representative Ed Stoner verified that no action had been taken to correct the violation as of the February 9, 1994 inspection and no response has been received since the March 29, 1994 notice was sent. Commissioner Harbert moved to refer BCV 02097 for Terri Johnson to the County Attorney for legal action. The motion was seconded by Commissioner Hall and carried unanimously. BCV02103 - Dennis and Kathy Weaver: Mr. Schuett indicated the property owners have brought violations into compliance; therefore, the case has been closed. BUILDING CODE AND ZONING VIOLATIONS PAGE 4 This Certification was approved on the 18th day of April, 1994. 11448/001444 APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board 'l/ A1w By: L . H. Webste hai man Deputy Cl k to the Board e ` Hal , Pro-T TAPE #94-19 and #94-20 7 / L r. A �. /U`eorge Sr Baxter RESO #940347 - #940356 '://:42--9,,t(7.".40 yes l) G c- � P- ons t ance L. Harbert PL0824 /�G G • er Barbara S. Kitirkm er RECORD OF PROCEEDINGS VIOLATION HEARINGS AGENDA Tuesday, April 12, 1994 TAPE #94-19 & #94-20 ROLL CALL: W. H. Webster, Chairman Dale K. Hall, Pro-Tem George E. Baxter Constance L. Harbert Barbara J. Kirkmeyer Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol Harding Planning Department representative, Keith Schuett Planning Department representative, Ed Stoner Planning Department representative, Barry Krammer PLANNING: OLD: 1) VI #2021 - Noland (Continued from 03/08/94) NEW: 1) VI #2032 - Snyder Oil Corporation 2) VI #2035 - Rojas 3) VI #2037 - Sittingdown 4) VI #2036 - Slusher 5) VI #2038 - Slusher 6) VI #2031 - Foster 7) VI #2029 - Pine 8) BCV #2100 - Pezolt 9) BCV #2097 - Johnson 10) BCV #2103 - Weaver - CLOSED Tuesday, April 12, 1994 ettLaL DATE: April 12, 1994 VIOLATION NUMBER: BCV-2103 NAME: Dennis and Kathy Weaver ADDRESS: 19764 Weld County Road 12 Hudson, CO 80642 LEGAL DESCRIPTION: NE4 of Section 8, TIN, R65W of the 6th P.M. , Weld County, Colorado. CASE SUMMARY February 28, 1994 Violation letter issued. February 28, 1994 Property inspected. Property still in violation. March 2, 1994 Property inspected. Property still in violation. March 29, 1994 Letter sent to property owner indicating that the Building Code violation case was scheduled before the Board of County Commissioners. The failure to complete mobile home inspections is a violation of Section(s) 20. 9 .3, 50.5. , and 70.4.2 of the Weld County Building Code Ordinance. To correct the violation a final inspection of electrical and skirting must be approved. The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any person claiming an interest in the properties, and any persons acting in active concert with the identified parties. WELD COUNTY BUILDING CODE VIOLATION NOTICE �/•1 Date 44,47 Violation Number 807-- ///Y'9 �EvN'J /2 d n/� Permit NumberJ�2 32 7 Property Owner. W 529 VnEl,(J 'J/,'7 Tenant Address / Y76 V wCK �r Address >w n ,r /061/z Legal Description R/CV Y7 —5--,e-C770 o its/ N /2,6r- Inspection of the abo�je described property revealed building code violations of Section(s) tar). 4?' _6I I n. 7u of the Weld County Building Code Ordinance. Expl ion of Violation: /(ie1 /.�� c /LZT2/G , //2 777-7644-2-6- aG t o 9,9/i M&72i7(r /1 j.IJv670 It is the intention of this office to assist and cooperate with the residents of Weld County without imposing undue hardships; However, we have no discretion in this matter if you fail to correct this violation. You have until to correct this violation. Failure to do so will result in this office referring the violation to the County Attorney' s office for appropriate legal action. Any information you have that may help to resolve this matter will be helpful. This office is ready to be of any assistance in clarifying or answering questions concerning this matter. Please call or write the Department of Planning Services' office within five days. l Inspector Weld County Building Inspection Department 1400 N. 17th Avenue Greeley, Colorado 80631 Phone 353-3845 Ext. 3525 l" TNSPECTION REPORT DATE ITEM INSPECTOR REMARKS a-9- 9/ .' (O/91 � � - -2rn1- s p3-q/ S/ Vte-SP set i� 4.-..f---- 4,1- M,A9E- 02-021- V / -'-vim le&O - 941 k o i-�o u1 Ali 094, q X LSI .. s'_ I, 76 V ./GLtL:mI6- 3 tare-P2‘6, t C t it 4- i� � ,l i r A z��o _mil. 3-42,-?Pp ,gd-r 4)6 6n ' l 7iibi l≤ 0,/ Est, i bt At ,c zr aSftMOi,, 6- 1t6 -eft -if() Al M . /-6-x-o-off' ,2UA if per, 14 ,4-c W /47_- PPio/6)2-ri & VA.- Ate' ? i a- /4 rnitA" itti Thpfret, .L6n✓C� - /A J' ot/ • NOTICE The applicant, his agents and employees shall comply with all the rules, restrictions and requirements of Weld County Zoning Regulations and Weld County Buildings Codes governing location, construction and erection of the above proposed work for which the permit is granted. The Building Inspector or his agents are authorized to order the immediate cessation of construction at any time a violation of the codes or regulations appears to have occurred. Violation of any of the codes or regulations applicable may result in the revocation of this permit. Buildings MUST conform with plans, as submitted to the Department of Building Inspection. Any change of plans or layout must be approved prior to the changes being made. Any change in the used or occupancy of a building or structure must be approved prior to proceeding with construction. The applicant is required to call for inspections at various stages of the construction, and in accordance with the aforesaid rule, the applicant shall give the Building Inspector not less than one day's notice to perform such activities. In the event construction is not commenced within 180 days of the issuance of this permit then the same is automatically void. Cessation of work for a period of 180 continuous days shall also cause this permit to be void. Weld County is not liable for workmanship. Permits are not transferrable. sir. `1 ; ,' J. PERMu NUMBER `.""`• • INSPECTION REPOR' • , DATE ITEM' . ' INSPECTOR REMARKS / ." --7 Stlisocilts .:..... . i'•AY rt.c ,A;,rlril:... .. • i. ... : yyy��1,,,,,,,,,,��_��r��- y :17 it. :7t O• .VIM,l'.: •3 f :! P .sn� 1 Mechanical" _ . . . . • .. ... :a l.)/j_, . 22. . • .. Tie. Downs', ,Ptrr/ quit. -MI': Skirting • ,;a 4:w+r_a:rra 0 51/ ;>( 1( /4Zi),-//e7C—g • --, o s 4 - Y- (3 $6 7 sfre,,el ilif 5 i B , ,/mac.. Div g- dcnl" 0 - ... - if 1? 1, _ T IC '-' 7T &)7fr e1�;^ 4: ;�&,vhri j 6" ; //pa 7 . Vi z! `/b ,..., > //Li 4 : •c .-.r':-,, ,, . DL'1 X 1..//-17 %--•er� - /- -9' G erg / ! ..7-0 eoAiPe.&-r wc/2it -:•l(_ , • NOTICE it�r-:_,:;i4• . The applicant,his agents and employees shall comply with all the rules,restrictions and requirements of Weld County Zoning Regulations and Weld County Buildings Codes governing location,construction and erection of the above proposed work for which the peFmit;is•grented :The Building inspector or his agerins•are`'authorized to order the immediate cessation of construction'aPa iiitline ii,r!x," violation of the codes or regulations appears to have occured. Violation of any of the codes or regulations applicable may.Jresul result in the- 'A.. ` • , revocation of this permit. " Building; MUST conform with plans,as submittal1So,Oe Department of Building Inspection. Any change o'#pla•ns otr layout• s,•• must be approved prior to the changes being made.Any change in the use or occupancy of a building'or structure Mast be approved•I E ri t' ftli with"constructiotl:_.:...._.- x...:11:, _ g i'RCP,:�r 9 .i Y4JiillJR<TA 3O �F'.i17At" ^. __ .:ri... ,^�ry..-_..._.__........... .'T-44 , I, — I The applicant is requi edto'call Ifor�inspections at various stage;of the construction andsnr+r ji eliice with thl efor a yet,. r_____rf:.` the applicant sha—II give the ttif ng Ins t no le hlsn{ a day notFce1Q.perform such activities. `" t •Jqi thelevent construction'is not commenced within 180 days of the issuance of this permit then the same is automatically void.•Cessation of work for a period of 180 coftinuous,days s±''iall also cause this permit tb be void.Weld County is not liable 9 L. --- —.manship.Permits are not transferrable.. ...- ! .. .._ .,..._ _• - [��_'J ,• . ' _WELD COUNTY INSPECTION DEPARTMENT ( MB E3 ` ' PARCEL NUMBER - GREELEY, COLORADO 80631 • ' J / . • TELEPHONE 356'4000 x EXT 425_ . F _ .• , TELEPHONE NG.•it74.tl.i...1. HOME OWNER: WEAVER I)I'mPih1.4.;:? R.n ANDKr"1'INI .`►' ` . 9 7 I .1...D. I I)1.11,y-rY. ROAD 'ZI:...T .-Hi-.lD ON, Co ,3O a' �_. • .. •...... . _. .:.:. t'It11;1_..:1:1�1t3 !='�I)I)f: c ar4 W ,.. . ;1 . ..111 E..1:•: 11E:A4,E::R I)Ehi1%1i9 R. • ,..'`'KATHY 0 • • . 19764 WELD COUNTY ROAD 12 LICENSE NO. 1.3 E'1ti1 ct.)I-•I T 1'41"It.:1(.}f"; SE:1...F ELECTRICAL CONTRACTOR t�1.-I_.f' • • FLOOOPLAIN YES 0 NO • ADDRESS OR DIRECTION TO JOB SITE . " :L97.A• WELD COUNTY ROAD• 1.2 . LOT BLOCK CENSUS TRACT ..ZONING.DISTRICT ' 'SUBDIVISION •' _ _.. _.... • __..._.. V _ ».. _...._...__...._._.._......_.»..._. .. ZONING APPRO AL • LEGAL DESCRIPTION • . . • W DATE �Y �) SECTION 6..L N • .5_/ /13 ;.1. '_ . E t)G::O . W()0000 DISTANCE FROM LOT LINES • N S <�t)000 t)t:?t)00 REQUIRED ZONING SETBACKS N S £ 4 w._. .!�- .4_kc2�2 4.�.E�. _ .'.P_ CHECK WITH THE BUILDING INSPECTION DEPARTMENT FOR REQUIRED BUILDING CODE SETBACKS • TYPE OF IMPROVEMEN.T. .. ... _......�.»_ . ...._... ..............._.... ..............._._.._....» 1'�{1.iI:�.).1._I::.. I'I1)IYII . • • •• •OWNERSHIP__:_.._.. .».» _ _.»_.._ , PROPOSED USE-RESIDENTIALt - • VALUE S FEE S-. .. • FEE S hI(a1�a:L..(M Ht.)I"li:. MOBILE HOME 75...00 • - � • '700 .,0 PLAN CHECK a 00 ... ... ELECTRICAL JOB • 00 . • CONSTRUCTION METER • n t\�\ INVEST FEE . a • 00 • ()t� OTHER :?7•00 ,. - �• .; RECEIPT NO.-:.f 1'i{ : ` .():?'o v/;i'? TOTAL .,;;''.�.°1.11.6 «t)I?... ...__,......1_2,-..,..••,,i,,,, L;3' � :.� DESCRIPTION OF OSEb 0SE •MIA �: : �• ''4 " :W Ac2. t41.i...L.. BE f='I.:.CIL I1,1('a :I : >:. 641 1"1OLw7:1...r 1.101T11 WHITE: W I Fl (:OL.:1) • 'TRIM :INTO 1••ll�' ' (::(:)1.11k1'TY« 1:"I' I�11;I:I.:.L�• Pr.:: 1Ji:iI�I) FOR .a`TC)i�f1(7�. taI�IL_Y. 1=:1._L•"::C�T'Fi:l: ,:I:�.i . .��....�a -. ;�11 I�1C:1.._t_1I)L: ?.,3� 7 '- =':LC-....I. •.G•pJt.<1-2e-G2 '� c�:., ��• ...:_\,'�', t_• :� \• (-Si,. .I,T1L.. •�t�'r.�: C` kALA)s AT:r.'0sal L.:.'t9 • OR 'AC, 1...)A0. :;l L �1 ft 1E"`i�t 1 t : 64:19:., :i'Oo.:0O • rvt:i1:'r ric.c.t:1r-�arllc�a ,fir . {tit) L.E�htC�Ttl 64 WII)'1H 1.,�: . CITY}I-�T RA (3E:-- • k. . �� `.� , � :)\'1"'.\)•.•_, l: PRINCIPAL HEATING FUEL NCIPAL CONSTRUCTION (s•c-A, V _.. TYPE-6F WATER SUPPLY • WELL PERMIT OF SEWAGE DISPOSAL SEPTIC PEJRK! • SEPTIC PERMIT 1� )�,' •NUMBER L`�` TYPEt\.. - : ISSUED ..-4-,..Z •..�. \ NUMBER, ...�...: •`..• :.(• TYPE~-�-�' '\N _..NAME_ «_.......... r, •TION • NUMBER OF STORIES BUILDING HEIGHT �)UQ�)n ClE)C} ' • PLOT PLAN ON FILE YI[:. i BLUE PRINT ON FILE 1.1t,) ALUSE ONLY ....,....• • BEDROOMS Jr ATHROOMS i:i'. ACCESS ACRES y SI ATUR OF APPLI I APPLICATION DATE EAD THE NOTICE ON THE REVERSE SIDE .• (� F{ Pry�,4iC��ct;:i • • AKING THIS APPLICATION. '' I '_/A)...1).A............„__L9 . APPROV D OVAL DATE r: S/d93 I1 Er'''. • 1.APPLIC ANT ANN ITE;^. 2:INSPECTOR' IGOL EN ROD 3.ASSESSOR/YELLOW tif ••• • DEPARTMENT OF BUILDING INSPECTION PHONE (303)353-3845, EXT. 3525 WELD COUNTY ADMINISTRATIVE OFFICES 140i�Y.- ` • ON ORAAVENUEO631 GREELEY, COLORADO 80631 COLORADO February 9, 1994 Dennis and Kathy Weaver 19764 Weld County Road 12 Hudson, CO 80642 Subject: Permit #3724 Approval Date of Permit: May 6, 1993 Property located at 19764 Weld County Road 12. Dear Mr. and Mrs. Weaver: In reviewing our records, we noticed that the above permit has not been finaled. The Weld County Building Code Ordinance requires that all inspections on mobile homes or manufactured homes be satisfactorily completed within 180 days after the mobile home building permit has been approved and released by the Department of Building Inspections. Please make arrangements to complete all unfinished work and have all inspections completed within ten (10) days of the date of this letter. Failure to obtain a Certificate of Final Inspection by the end of this ten day period will result in the issuance of a violation notice. Your cooperation is appreciated. Si er ly, David Spragu Electrical Inspector Hello