HomeMy WebLinkAbout941620 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
A public hearing was conducted on September 13, 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 - EXCUSED
Also present:
Acting Clerk to the Board, Lin Dodge
County Attorney, Bruce Barker
Planning Department representative, Barry Kramer
Planning Department representative, Keith Schuett
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 heard were as follows.
VI #2118 - Robert and Noreen Sims (cont. from 8/09/94) : Barry Kramer,
Department of Planning Services, presented the case report, including a
video of the property taken September 12, 1994, and Planning staff's
recommendation for referral for legal action for the record. He indicated
this noncommercial junkyard is a violation of Sections 31.2 and 31.3.9 of
the Weld County Zoning Ordinance. To correct the violations, the property
owners must submit for approval and install a screening plan or remove the
junk from the property. Noreen Sims, property owner, was present and
stated she wanted the junk removed; however, most of the vehicles and junk
belong to her father-in-law. Commissioner Harbert noted she counted at
least seventeen vehicles and a travel trailer while viewing the video and
asked how many were licensed or licensable. Mrs. Sims indicated several
vehicles were operable, with two being family vehicles, and the travel
trailer being in good condition, though unlicensed. Commissioner Hall
reminded Mrs. Sims this case has been ongoing since June 1994, and, if
they could not agree to some plan to resolve the violations, the
alternative would be court action. Mrs. Sims stated that she does not
speak with her father-in-law, who lives in Brighton, but will try to have
her husband contact him, and indicated she could submit a screening plan
to the Department of Planning Services within thirty days. Keith Schuett,
Department of Planning Services, suggested staff correspond directly with
the father-in-law and requested his address. Commissioner Harbert
indicated the Board did not want to create any further financial burden on
the Sims; however, the obligation to resolve the matter of the zoning
violations exists and a workable agreement in the case must be reached.
Mrs. Sims stated her husband almost died in November 1993, was
hospitalized in August with further surgery anticipated and they are
receiving aid for dependent children at this time. In further discussion,
Commissioner Baxter stated Mr. Schuett's suggestion to contact the father-
in-law was reasonable and asked Mrs. Sims to supply that information.
Commissioner Hall indicated there are numerous organizations that will
take the cars, but Mrs. Sims would have to deal with her father-in-law
since the vehicles are allegedly his. No public comment was offered.
Commissioner Harbert moved to delay referral of VI #2118 against Robert
and Noreen Sims to the County Attorney for legal action and require the
property owners to submit a screening plan to the Department of Planning
Services within thirty days, with compliance by January 1, 1995.
Commissioner Hall seconded the motion. Commissioner Baxter stated for
Mrs. Sims ' benefit, this is a very generous plan for compliance; most
cases are not given this much time. Commissioner Harbert reiterated the
stipulation of this motion was that if the screening plan is not submitted
within thirty days, the case would be automatically referred to the County
Attorney; also, if the property was found not to be in compliance by
941620
PL0824
BUILDING CODE AND 1.-KING VIOLATIONS
PAGE 2
January 1, 1995, the case would be automatically referred to the County
Attorney. Chairman Webster called for the vote and the motion carried
unanimously.
BCV #2125 - Elsie Dalton and Betty Wright/John and Mirth Leonard: Mr.
Kramer reviewed the case file and Planning staff's recommendation for
referral for legal action. He indicated the property owners have failed
to have inspections done and permits finalized within 180 days, which is
a violation of Sections 20.9. 1, 20.9.2, 20.9.3, 20.9.4, and 20.9.8 of the
Weld County Building Code Ordinance. Mr. Kramer indicated the property
was inspected September 12, 1994, and the setbacks and tiedowns passed;
however, the trailer still was not blocked and skirted. Dave Wright,
representing the property owners, indicated the trailer had been gutted
and was to be used for storage only and no power or wiring was hooked up
to the trailer. He stated, although he would do what was necessary to
correct the violation, he felt the requirements were excessive for a
trailer that was not going to be lived in. In response to Commissioner
Hall, Mr. Wright asked if he could move dirt up to the trailer in place of
skirting. Mr. Schuett indicated that if the dirt were piled level with
the bottom of the trailer, it could be considered skirting. There was no
public comment. Commissioner Hall moved to delay referral to the County
Attorney for legal action of BCV #2125 against Elsie Dalton, et al, for
thirty days to allow Mr. Wright to complete the skirting of the trailer.
The motion was seconded by Commissioner Baxter and carried unanimously.
VI #2121 - Alma Stoll: Mr. Kramer reported this case was closed.
VI #2128 - Deanna Yackey: Mr. Kramer reviewed the case and Planning
Staff's recommendation for referral for legal action. He indicated this
noncommercial junkyard consists of derelict vehicles and is in violation
of Section 32.2.2 of the Weld County Zoning Ordinance. He stated the
property owner must enclose the vehicles in a building or move them from
the property to correct the violation. Mr. Kramer reported he spoke with
Ms. Yackey on September 8, 1994, and she indicated she hoped to have the
property cleaned up before this hearing; however, an inspection made
September 12, 1994, found the property still in violation. Mr. Schuett
indicated this property was also in violation several years ago. No
public comment was offered. Commissioner Hall moved to refer VI #2128
against Deanna Yackey to the County Attorney for legal action.
Commissioner Harbert seconded the motion, which carried unanimously.
This Certification was approved on the 19th day of September, 1994.
/// APPROVED:
ATTEST: / i.� %�/1.'tj if/8,,,, BOARD OF COUNTY COMMISSIONERS
OYMc w `�� WELD COUNTY, COLORADO
Weld County Clerk t the Board IS ,
W. Chairman
I `beputy Clerk to the Boar
Dale . Hall, Prom
TAPE #94-36 -6.-1
// �/f n
RESO # 940896 - 940898 /Geoorfie Baxter ' Z^d�<
PL0824 l�C� .zxv (..5 .42tsf
Constance L. Harbert
EXCUSED
Barbara J. Kirkmeyer
RECORD OF PROCEEDINGS
VIOLATION HEARINGS AGENDA
Tuesday, September 13, 1994 TAPE #94-36
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 Barker
Acting Clerk to the Board, Lin Dodge
Planning Department representative, Keith Schuett
Planning Department representative, Barry Kramer
PLANNING:
OLD: 1) VI #2118 - Sims (cont. from 08/09/94)
NEW: 1) BCV #2125 - Wright/Leonard
2) VI #2121 - Stoll - CLOSED
3) VI #2128 - Yackey
(it mEmoRAnDur .Lo CCU, T
ic
Wilke
Board of County Commissioners i enP pl4n@etj �, 1994
0 To Dace
• Department of Planning Servicesd i,4 EITA
COLORADO From 1- }-=4/ n t i
Zoning and Building code Violations Hearing
Subject:
The Department of Planning Services has scheduled the following violations to be
considered at the September 13, 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-2121, Alma Stoll
Sections 31.2, 31.3.9
Noncommercial junkyard
VI-2128, Deanna Yackey
Section 32.2.2
Noncommercial junkyard
BCV-2125, Betty Wright/John Leonard - Property Owner
Sections 20.9. 1, 20.9.2, 20.9.3, 20.9.4, 20.9.8
Failure to complete inspections
DATE: September 13, 1994
VIOLATION NUMBER: VI-2121
NAME: Alma Stoll
ADDRESS: 721 14th Street, Greeley, CO 80631
LEGAL DESCRIPTION: The NE4 NW4 of Section 30, T5N, R65W of the 6th P.M. , Weld
County, Colorado.
CASE SUMMARY
July 8, 1994 Five day compliance encouragement letter issued.
July 18, 1994 Violation letter issued.
August 18, 1994 Property inspected. Property still in violation.
August 25, 1994 Conversation with property owner.
September 2, 1994 Letter sent to property owner indicating that the
violation case was scheduled before the Board of County
Commissioners.
The noncommercial junkyard is a violation of Section(s) 31.2 and 31.3.9 of the
Weld County Zoning Ordinance. To correct the violation a screening plan must be
submitted and approved or the noncommercial junkyard must be removed from the
property.
The Department of Planning also recommends that the County Attorney Authorize
legal action against any other persons occupying the properties, any persons
claiming an interest in the properties, and any persons acting in active concert
with the identified parties.
if \, ""` DEPARTMENT OF PLANNING SERVICES
FA PHONE (303) 353-3845, EXT. 3540
`4f,: WELD COUNTY ADMINISTRATIVE OFFICES
h u•t "` "" 1400 N. 17TH AVENUE
"` ,, GREEL EY, COLORADO 30631
. •
COLORADO
September 2, 1994
Alma Stoll
721 14th Street
Greeley, CO 80631
Subject: VI-2121, Zoning Violation on a parcel of land described as the NE4 NW4
of Section 30, T5N,R65W of the 6th P.M. , Weld County, Colorado.
Dear Ms . Stoll:
As of August 30, 1994, the above property remains in violation of the Weld County
Zoning Ordinance. I have scheduled a hearing with the Board of County
Commissioners on Tuesday, September 13, 1994, at 10:00 a.m. to consider this
Zoning Violation. The property will be reinspected on September 12, 1994, to
determine compliance and if uses on the property are not in compliance at the
time of the inspection, then the Zoning Violation will be considered by the Board
of County Commissioners at the hearing. If the property is in compliance then
it will not be necessary for you to attend the hearing. This hearing will take
place in the County Commissioners ' Hearing Room, first floor, Weld County
Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that
you or a representative be in attendance to answer any questions the Board of
County Commissioners might have about the violation and uses on the property.
The Department of Planning Services ' staff will be recommending that the Board
of County Commissioners authorize the County Attorney to proceed with legal
action to remedy the violation. Our records indicate that you were made aware
of the nature of the violation, the action necessary to correct the violation,
and that you were given sufficient time to remedy the violation.
If you have any questions concerning this matter, please call me.
Respectfully,
4"--71-") ',/
/' A .4-IC c
Barry KraTher
Building Inspection Technician
WELD COUNTY DEPARTMENT OF PLANNING SERVICES' CITIZEN INQUIRY FORM
1400 .TH. 17TH AVENUE, GREELEY, COLO 0 80631
� PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978
'.`Q TELEPHONE 0 OFFICE FIRST INQUIRY&YES 0 NO DATE: r -,;16--9,/
NAME: ,/ PHONE /I. -,-A-- ) - 3i' •
ADDRESS:
TYPE OF INQUIRY
O MHZP 0 SKETCH PLAN 0 MINOR SUB SKETCH PLAN
❑ ZPMH 0 PRELIMINARY PLAN 0 MINOR SUB FINAL PLAT
O RE 0 FINAL PLAT 0 ZONING
O AMENDED RE 0 RESUBDIVISION 0 ADDRESSING
O SE 0 FHDP 0 BUILDING PERMIT
O AMENDED SE 0 GHDP 0 SETBACKS/OFFSETS
❑ SITE PLAN REVIEW 0 USR 0 HOME OCCUPATION
❑ REZONING 0 AMENDED USR VIOLATION
❑ PUD SKETCH PLAN 0 USR MINING 0 OTHER
O PUD DISTRICT 0 USR MAJOR FACILITY 0
O PUD FINAL PLAT 0 USR DISPOSAL SITE 0
PERSONNEL
O Keith Schuett 0 Greg Thompson 0 Gloria Dunn C Todd Hodges
O Sharon White Barry Kramer 0 Chuck Cunliffe 0
477
ITEMS DISCUSSED: -1--C^fie // . z . _4 :Le- .•,t (_GL.z-_c:, a -4-/C.2. 5")
7' : ( t•4, b _C rf (-‘3 .4,7/ _.L!/ . ;4-f:+ri A ��..tlt,_ .e rc"-,-',:.G �,S &,--eG
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CONCERNS: /y�^ / . /
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•
ACTION TO BE TAKEN:
Time spent / Staff Member's Initials y
i
INSPECTION REPORT
NAME: Alma Stoll
LEGAL DESCRIPTION OF PROPERTY: The NE4 NW4 of Section 30, T5N, R65W of the
6th P.M. , Weld County, Colorado.
DATE: August 18, 1994
CASE NUMBER: VI-2121
Inspected the property to determine compliance. The property is not in
compliance at this time. There is still a noncommercial junkyard (derelict
vehicle and junk) located on the property without proper screening. There has
not been any contact with Ms. Stoll and the Planning Department since the
violation was started.
Barry Kram�,fir
Building Inspection Technician
I 4. lit: ---...\\\
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
F8 �. IV ° '-
` 1400 N. 17TH AVENUE
t.REELEY, COLORADO 80631
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
Date: July 18, 1994 Violation Number: VI-2121
Name: Alma Stoll
Address: 721 14th Street
Greeley, CO 80631
Legal Description: NE4 NW4 of Section 30, TEN, R65W of the 6th P.M. , Weld
County, Colorado.
The uses on the above described property are being considered as zoning
violations of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance.
A noncommercial junkyard (derelict vehicle and junk) located on the property
without proper screening from adjacent properties and public rights-of-way. To
correct the violation the noncommercial junkyard would need to be removed or
screened. A screening plan would need to be submitted to the Planning Department
for approval prior to installation.
It is the intention of this office to assist and cooperate with you without
imposing undue hardships; however, we have no discretion in this matter if you
fail to correct this violation. You have until August 18, 1994, to correct this
zoning violation. Failure to do so will result in this office scheduling the
violation before th Board of County Commissioners to consider whether to refer
the violation to the County Attorney's office for 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.
Barry Kr mer
Building Inspection Technician
ilLt--- 'V
1,
\(: *131..°
I�. 4011I DEPARTMENT OF PLANNING SERVICES
?HONE (303) 353-:x445, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES•�`; . 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
July 8, 1994
Alma Stoll
721 14th Street
Greeley, CO 80531
Subject: C-94-120 Property located at part of NE4 NW4 of Section 30, T5N,
R65W of the 6th P.M. , Weld County, Colorado.
Dear Ms. Stoll
It has come to the attention of the Department of Planning Services ' staff that
the uses on your property may not be in compliance with the Weld County Zoning
Ordinance. The potential noncompliance with the zoning ordinance is a
noncommercial junkyard (derelict vehicles and junk) located on the property
without proper screening from adjacent properties and public rights-of-way. This
is not a use allowed by right in the A (Agricultural) zone district.
Please call me within five working days of the date of this letter to review the
concern with me.
Sincerely,
Barry Kramer
Building Inspection Technician
PARC TP: R PARCEL INQUIRY ASSMT YR: 1994 . ATIIN022
PIN; 0130290 PARC: 096130209039 LAST UPDATE; 11/30/1990
STOLL ALMA ACTIVE ON: 06/20/1990
INACTIVE ON: / /
MAR#: 1359
721 14TH ST
GREELEY CO S0631
'
TAX AREA 0630 . 0@3163 1993
DATE LAST ASSESS 04/22/ 1994 .
LAST ASSESS LAND 1950
LAST ASSESS BLDGS • 0
TOTAL LAST ASSESS 1950 0520 1950
PRIOR YEAR ASSESS 1950 TOT LAND 1950
REC OT 06/03/1975 DEED TR WD
NUMBER 0740 01331951 WOL N
DOC FEE 0. 00
13423 Li NE4NW4 30 5 65 S OF RR EXE BEG SE COR TOT BLDGS 0
OF L1 NODO2 'E 17. 11 ' 589D34 ' W 300. 14 ' TO W LINE TOTAL VALUE 1950
PF3: PROFILE PF5 LEGALS PF7: NEXT PARCEL RF11 : MENU
FF4: OWNERS PF6: DOC HIST PF10; FLOC FF12: REAL
MESSAGE:
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