The URL can be used to link to this page

Browse Search

Home My WebLink About941604.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES A public hearing was conducted on November 8, 1994, at 10:00 a.m., with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tern Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Lin Dodge County Attorney, Bruce Barker Planning Department representative, Barry Kramer 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. Cases were heard as follows. VI #2040 - Craig and Noreen McConnell: Barry Kramer, Department of Planning Services, presented the case report for the record, indicating the bed and breakfast operating on the property is a violation of Sections 31.2 and 31.3 of the Weld County Zoning Ordinance. To correct the violations, the property owners must apply for, and have approved, a Special Review Permit. They also must meet all conditions of said permit or cease the commercial operation on the property. In response to Commissioner Harbert, Ed Stoner, Department of Planning Services, stated that the initial building permit was for a single family dwelling with five bedrooms; the property owners did not indicate an intent to operate a bed and breakfast. He indicated the property owners were notified in early correspondence regarding operating a bed and breakfast in an Agricultural Zone, with the first violation letter being dated March 9, 1994. Craig McConnell, property owner, was present and stated the initial construction was for a home, but as the project progressed, they saw a need and checked the potential for a bed and breakfast. He said he had received the Special Use Permit application, but set it aside after reviewing the requirements and deciding the permit was not applicable since 95% of their business was feeding and raising elk and they had no surrounding property owners within 500 feet of their property. He asked the Board if a mutually acceptable alternative to the Special Use Permit could be worked out, especially since their property was in such a remote area of Weld County. Commissioner Kirkmeyer indicated this and another similar case were reviewed in a worksession and research showed various surrounding cities' and counties' zoning ordinances required Special Use Permits. Using that fact as a guideline, she stated the most reasonable compromise is to require the Special Use Permit application and to waive the normal fees for such application, and asked Mr. McConnell if he was willing to complete the application. Mr. McConnell asked if they could complete the application themselves or if they would be required to hire someone. Commissioner Hall responded that the permit application hopefully was user-friendly enough so they could complete it themselves and the Board reassured Mr. McConnell that Planning staff would be available to assist them. Commissioner Harbert stated the Board was attempting to be both fair and proactive regarding bed and breakfast establishments in the County by trying to keep ahead of the trend and establishing reasonable guidelines for compliance. She asked if ninety days 941604 PL0824 CC �G�e/} BUILDING CODE AND ZONING VIOLATIONS PAGE 2 would be adequate time for Mr. McConnell to complete and submit the Special Review Permit application. Mr. McConnell affirmed it was adequate time. No public opinion was offered. Commissioner Harbert moved to delay referral to the County Attorney for legal action of VI #2040 against Craig and Noreen McConnell for ninety days to allow the property owners time to complete and submit to the Department of Planning Services a Special Review Permit application. The motion was seconded by Commissioner Baxter and carried unanimously. VI # 2135 - Louis and Burtis Brantner/Douglas Adams. Tenant: Mr. Kramer reviewed the case file, including a video taken of the property on November 7, 1994, for the record. He reported the noncommercial junkyard, primarily derelict vehicles and piled wood panels, is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance, and to bring the property into compliance, a screening plan must be submitted to the Department of Planning Services for approval or the junk must be removed from the property. Douglas Adams, tenant, was present and said he could have the autos moved within thirty days. In response to Commissioner Kirkmeyer's question regarding the wood panels, Mr. Adams stated his intention to use the panels to build a shed, and indicated it would take additional time to complete that project. The Board advised Mr. Adams the panels would not be included in the violation if, indeed, they are to be used to build the shed; however, this matter has been ongoing since August 1994, and requires resolution. Mr. Adams responded that, although he has not moved the vehicles, he has cleaned up the property considerably. Gene Brantner, son and representative of the property owners, stated concerns about the type of structure the tenant plans to build and questioned whether the tenant should have to remove an unlicensed pickup and trailer parked on County right-of- way on the property, and hay stacked on said right-of-way. Mr. Barker verified that unlicensed vehicles are considered derelict, and not legal on any public roadway, therefore, must be removed from County right of way. After some discussion regarding the type of shed and materials used in building it, Mr. Barker clarified the violation being addressed at this hearing is only the storage of the building materials and derelict vehicles; where, what type, and with what the shed is built, since it does not require a building permit, is between the landlord and tenant. Responding to Commissioner Kirkmeyer, Mr. Adams stated he would have the derelict vehicles and wood panels moved within thirty days, and his horses would consume in the next few days all hay stacked in the right-of-way; however, the tractor tires and vehicles belonged to the previous tenant. No further public testimony was offered. Commissioner Hall moved to delay referral of VI #2135 against Louis Burtis Brantner and Doug Adams, Tenant, to the County Attorney for legal action for thirty days to allow time for the property owners and tenant to remove the vehicles and materials from the property and County right-of-way. Commissioner Kirkmeyer seconded the motion, which was carried unanimously. VI #2132 - Betty Miller: Mr. Kramer reviewed the case report for the record and indicated the storage of the drilling rig and related equipment on this property is a violation of Section 31.2 of the Weld County Zoning Ordinance. To correct the violation, the property owner must apply for a Special Review Permit and be approved, or remove the operation from the property. Mr. Kramer reported he spoke to Ed Loman, owner of Veco Drilling and the equipment being stored on this property, who indicated the equipment would be moved by November 15, 1994. Mr. Kramer also spoke with Jerry Miller, the property owner's son, who concurred with this removal date. The property owner was neither present nor represented. In response to questions from the Board, County Attorney Bruce Barker advised deferral until after November 15, to ensure the equipment is moved by that date. No public testimony was offered. Commissioner Hall moved to delay referral to the County Attorney for legal action of VI #2132 against Betty Miller until November 16, 1994. Commissioner Kirkmeyer seconded the motion, which was carried unanimously. PL0824 BUILDING CODE AND ZONING VIOLATIONS PAGE 3 BCV #2133 - River Valley Village/Kevin and Christine Bender. Tenant: Mr. Kramer reported this case was closed. BCV#2130 - River Valley Village/Kim Estorga, Tenant: Mr. Kramer reviewed the case file for the record and reported the property owner/tenant failed to compete the plumbing inspection within the required 180 days on this mobile home,which is a violation of Sections 60.5.1 and 70.4.2 of the Weld County Building Code. To come into compliance, all inspections must be completed, approved and the permit finalized, or the mobile home must be removed from the property. The property owners and tenant were neither present nor represented. No public comment was offered. Commissioner Hall moved to refer BCV #2130 against River Valley Village and Kim Estorga, Tenant, to the County Attorney for legal action. The motion was seconded by Commissioner Baxter and carried unanimously. BCV#2136 - Nick Bacria: Mr. Kramer reviewed the case report for the record, indicating this violation is a result of a reinspection of a zoning violation brought before the Board in May 1994. He suggested Mr. Bacria's occupancy of this mobile home without the final inspections and a certificate of occupancy is a violation of Section 30.5.2 of the Weld County Building Code. To correct the violation, the property owner must complete and have approved all inspections, and receive a Certificate of Occupancy, or vacate the residence. Mr. Stoner indicated Mr. Bacria has a tenant renting the house on the property and, although he lists his address as Longmont, has moved belongings and furnishings into the trailer. Mr. Stoner spoke prior to this hearing on the phone with Mr. Bacria, who indicated he has been successfully employed for five weeks and now has a contractor involved with the project. The property owner was neither present nor represented. No public comment was offered. Since the Board previously extended Mr. Bacria a generous amount of time to bring this property into compliance, Commissioner Hall made the motion to refer BCV#2136 against Nick Bacria to the County Attorney for legal action. The motion was seconded by Commissioner Baxter and carried unanimously. This Certification was approved on the 11th day of November, 1994. APPROVED: ATTEST: LiO/i1A/r'�� BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO LSirm14Weld County Clerk to the Board By: , 1 ((?Qt .`. W. H. an Deputy to the Board EXCUSED DATE OF APPROVAL Dale KBHall, Pro Te '�� TAPE #94-43 RESO # 941111 - 941115 à?24rK 9e E. axter PLO824 Constance L. Harbert EXCUSED DATE OF APPROVAL Barbara J. Kirkmeyer PL0824 RECORD OF PROCEEDINGS VIOLATION HEARINGS AGENDA Tuesday, November 8, 1994 TAPE #94-43 ROLL CALL: W. H. Webster, Chairman Dale K. Hall, Pro-Tern George E. Baxter Constance L. Harbert Barbara J. Kirkmeyer Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Lin Dodge Planning Department representative, Barry Kramer Planning Department representative, Ed Stoner • PLANNING: NEW: 1) VI #2040 - McConnell 2) VI #2135 - Brantner/Adams 3) VI #2132 - Miller 4) BCV#2133 - River Valley Village/Bender- CLOSED 5) BCV#2130 - River Valley Village/Estorga 6) BCV#2136 - Bacria tot* MEMORANDUM h �P� TO: Board of County Commissioners November 3, 1994 COLORADO From: Barry Kramer, Building Inspection Technician SUBJECT: Zoning and Building Code Violations Hearing The Department of Planning Services has scheduled the following violations to be considered at the November 8, 1994 hearing beginning at 10:00 a.m. The Department of Planning Services is requesting that the Board review the individual violation cases and determine whether or not to authorize legal action to remedy the violations. VI-2040 Craig and Noreen McConnell section(s) 31.2, 31.3 W.C.Z.O. Commercial Operation (bed and breakfast) VI-2135 Louis and Burtis Branf$r/Property Owner Doug Adams /Tenant section(s) 31.2, 31.3.9 W.C.Z.O. Noncommercial Junkyard VI-2132 Betty Miller section(s) 31.2 W.C.Z.O. Oil and Gas Support and Service Facility BCV-2133 River Valley Village /Property Owner Kevin and Christine Bender/Tenant section(s) 20.9.8, 70.4.2 W.C.B.C.O. Failure to Complete Inspections BCV-2130 River Valley Village/ Property Owner Kim Estorga /Tenant section(s) 60.5.1, 70.4.2 W.C.B.C.O. Failure to Complete Inspections BCV-2136 Nick Bacria section(s) 30.5.2 W.C.B.C.O. Occupancy of a Residence Without The Final Inspection or a Certificate of Occupancy Hello