HomeMy WebLinkAbout941598.tiff HEARING CERTIFICATION
BUILDING CODE AND ZONING VIOLATIONS
RE: CONSIDER VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING
ORDINANCES
A public hearing was conducted on March 8, 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, Carol Harding
County Attorney, Bruce Barker
Planning Department representative, Keith Schuett
The following business was transacted:
I hereby certify that a public hearing was conducted to consider whether
or not 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, reviewed the
procedure to be followed (see attached memo) and stated this is an
informal hearing and should be conducted in a manner similar to a Probable
Cause Hearing. He advised the Board appropriate actions to be taken on
each case would be to dismiss, refer to the County Attorney for legal
action, or delay referral to a specific time. Cases were heard as
follows:
BCV #2082 - Alberto S. Haro and Maria DeJesus Ramos V. DeHaro: (Let the
record reflect that John Gomez, Sheriff's Department, is acting as
interpreter for Maria DeJesus Ramos V. DeHaro. ) Bruce Barker made this a
matter of record. Keith Schuett, Department of Planning Services,
presented the case report for the record and explained there are three
trailers on the subject property without permits and showed the Board a
video of said property. In response to questions from the Board, Mr.
Schuett stated Ms. DeHaro owns three lots and has applied for one mobile
home permit. The other two lots include residences and would not be
allowed mobile home permits for dwelling; however, they could be permitted
as accessory structures or temporary storage. Ms. DeHaro explained her
intent is to move two trailers onto another property; however, she needs
some time to accomplish this. After further discussion, Commissioner
Harbert moved to delay referral of BCV #2082 for Alberto S. Haro and Maria
DeJesus Ramos V. DeHaro for a period of 30 days to allow time for them to
move two trailers or apply for the correct permits. Commissioner Baxter
seconded the motion. Commissioner Harbert clarified for Mr. Barker that
referral to the County Attorney's Office would be automatic at the end of
the 30-day period unless the violation is corrected. The motion carried
unanimously.
VI #2019 - Frederick H. and Belynda Johnson: Mr. Barker made this a
matter of record. Mr. Schuett stated an inspection done on March 7, 1994,
found the property to be in compliance; therefore, this case is closed.
VI #2018 - Donald and Diane Stienmetz: Mr. Barker made this a matter of
record. Mr. Schuett explained said violation is due to the storage of two
derelict vehicles and showed the Board a video of said property. Donald
Stienmetz, property owner, explained his vehicles are not derelict but
are, instead, the product of his hobby of demolition derby racing. He
stated the two cars have been in ten races in the past two years. In
941598
Co. PL PL0824
BUILDING CODE AND ZONING VIOLATIONS
PAGE 2
response to a question from Commissioner Hall, Mr. Barker stated the
Zoning Ordinance defines a derelict vehicle as one not having the proper
equipment for use on a public street, or one which is not licensed. Mr.
Stienmetz explained he sold two other vehicles he was keeping for parts in
order to keep his property from being a problem; however, he pointed out
there is nothing in the Zoning Ordinance concerning off-road vehicles of
this type. He explained he does not have a building available for storage
and stated he would gladly cover the vehicles with tarps. After
discussion regarding the possible screening of the vehicles and possible
ways to include them in the Zoning Ordinance, Commissioner Harbert moved
to delay referral of VI #2018 against Donald and Diane Stienmetz for a
period of 60 days, during which time Mr. Stienmetz should work with the
Department of Planning Services staff in order to find a solution to the
problem. Commissioner Baxter seconded the motion, which carried
unanimously.
VI #2023 - Danny Miller, Willard Miller, and Viola Miller: Mr. Barker
made this a matter of record. Mr. Schuett explained the violation is due
to a structure over 1,500 square foot located on property without a
Special Review Permit, and he showed the Board a video of said property.
Mark Geil, attorney representing the property owners, explained they are
having problems getting the application materials together for the permit.
He responded to Commissioner Harbert that thirty days might be enough time
to complete the application; however, he requested more time in case the
engineer has difficulty preparing the map. Commissioner Hall moved to
delay referral of VI #2023 against Danny, Willard, and Viola Miller for a
period of 60 days to allow time for the application to be completed.
Seconded by Commissioner Harbert, the motion carried unanimously.
VI #2023 - Carmen and Billy Mata: Mr. Schuett made this a matter of
record and explained the violation is because of a noncommercial junkyard
without proper screening. The property owner was not present.
Commissioner Hall moved to refer VI #2023 against Carmen and Billy Mata to
the County Attorney for legal action. Seconded by Commissioner Baxter,
the motion carried unanimously.
VI #2015 - Edwin Wiedeman: Mr. Barker made this a matter of record. Mr.
Schuett stated the violation is a result of a noncommercial junkyard
without proper screening, and he showed a video of said property. Mark
Miller, attorney representing the property owner, requested 60 days to
resolve the problem. He stated since the farm equipment, scrap iron,
derelict vehicles, etc. , predates the Zoning Ordinance there is a pre-
existing nonconforming use. He explained the salvage pile is still in
use; however, the desire of the property owner is to return the horizon
profile to the original height. Commissioner Harbert moved to delay
referral of VI #2015 against Edwin Wiedeman for a period of 60 days.
Seconded by Commissioner Hall, the motion carried unanimously.
VI #2022 - Rudy and Soledad Dominguez: Mr. Barker stated Rudy Dominguez
called him yesterday and explained he had to be at the Cheyenne Courthouse
this afternoon on another matter; however, he felt the violation would be
cleared up within one week. Commissioner Hall moved to delay referral of
VI #2022 against Rudy and Soledad Dominguez for a period of 30 days.
Commissioner Baxter seconded the motion, which carried unanimously.
VI #1991 - R. K. and Doris Sittingdown: Mr. Barker made this a matter of
record. Mr. Schuett stated the violation is for a noncommercial junkyard,
consisting of derelict vehicles, miscellaneous junk, tires, and building
materials, without proper screening. He showed the Board a video of said
property. Mr. Sittingdown explained he intends to install a windbreak on
the south and north property lines; however, he is waiting for good
weather to allow him to plow the areas prior to planting. Responding
to Commissioner Harbert's question, Mr. Sittingdown said he did not
940241
BUILDING CODE AND ZONING VIOLATIONS
PAGE 3
participate in the County's cleanup day at Aristocrat Ranchettes last
fall. Mr. Schuett pointed out the Zoning Ordinance requires screening
from all adjacent property and public rights-of-way. After further
discussion, Commissioner Harbert moved to delay referral of VI #1991
against R. K. and Doris Sittingdown for a period of 60 days to allow time
to do a major cleanup and get a screening plan approved for said property.
Responding to a question from Commissioner Hall, Mr. Barker explained when
a violation is referred to his office, he sends the property owner a
letter requesting compliance within 14 days, after which it is filed with
the court. The individual is then allowed 20 days to answer the
complaint, at which time either a default judgement is entered or the
matter is set for trial. Commissioner Webster seconded the motion which
was made earlier by Commissioner Harbert, which then carried unanimously.
Mr. Barker pointed out that with the Commissioners now following the
procedure used today to hear violations and delay referral to the County
Attorney's Office, he is going to stop giving another 14 days notice to
property owners prior to filing with the court.
VI #2016 - Joyce M. Greenfield: Mr. Barker made this a matter of record.
Mr. Schuett explained the violation is due to outside storage without a
Site Plan Review Permit. He stated the property owner is close to getting
the Site Plan ready for submission and showed a video of said property.
Don Greenfield, representing the property owner, explained the various
problems he has encountered in trying to build proper screening and
fencing. He said Gerrity Oil Company is leasing this property for $400
per month; however, it is not cost effective for them to get a Site Plan
approved, and they have now found another place to store the tanks. Mr.
Greenfield stated the lease expires at the end of March and the tanks will
be removed prior to that time. After discussion, Commissioner Baxter
moved to delay referral of VI #2016 against Joyce M. Greenfield for a
period of 30 days to allow time for an application for a Site Plan to be
submitted. Seconded by Commissioner Hall, the motion carried unanimously.
VI #2021 - John C. and Gwendolyn S. Noland: Acting Clerk to the Board,
Carol Harding, stated a phone call was received at 10:45 this morning from
Mr. Noland requesting a continuance. He was delayed by an accident on the
interstate which involved him as a witness. This matter was continued to
April 12, 1994, at 10:00 a.m. by Board consensus.
VI #2012 - Ronald G. and Janice M. Eyster: Mr. Schuett made this a matter
of record and showed a video of subject property. The violation is due to
a commercial business and landfill (trees) being operated without the
proper permits. Mr. Schuett stated a Special Review Permit and
Certificate of Designation would be required. Ron Eyster explained how
this business was initiated and stated he is now in the process of
disbanding the business; however, he would like to keep a small chipping
unit to chip the wood that is presently on the property. He said the
equipment is being dispersed. In response to Commissioner Harbert, Mr.
Eyster stated his business is now at an end, but he would like to disperse
the chips on his property. Responding to Commissioner Hall, Mr. Eyster
explained he is disbanding his business because of the violation, as well
as a difficult neighbor who complains about everything. He stated he is
simply giving up and apologized for the violation. After further
discussion concerning the proper permits necessary for composting, Mr.
Eyster stated he is not interested in pursuing the business. Mr. Schuett
said clarification is needed from the Health Department concerning how
much of the compost material can be spread on the property. Commissioner
Harbert moved to defer referral of VI #2012 against Ronald G. and Janice
M. Eyster for a period of one year, emphasizing that no more material
shall be brought onto the property and only the wood on the property as of
this date will be chipped. Commissioner Baxter seconded the motion. Mr.
Eyster clarified that he has 10-15 cords of firewood which is separate
from the materials to be chipped. The motion carried unanimously.
940241
BUILDING CODE AND ZONING VIOLATIONS
PAGE 4
BCV #1919 - Javier Gonzales: Mr. Schuett made this a matter of record and
explained the violation is because the trailer did not have a final
inspection and the steps and landing at the rear door of the trailer do
not meet code. Javier Gonzales, property owner, stated he did not
understand the code requirements. Commissioner Hall verified that Mr.
Gonzales understands the changes that need to be made to bring this
property into compliance and moved to delay referral of BCV #1919 against
Javier Gonzales for two weeks. Seconded by Commissioner Baxter, the
motion carried unanimously.
BCV #1940 - Donna and Harvey Carey: Mr. Barker made this a matter of
record. Mr. Schuett explained this is a mobile home without a permit and
presented a picture of said property for the record. Donna Carey,
property owner, explained the mobile home is only used for storage of wood
and responded to Commissioner Baxter that she now understands she needs a
permit. Commissioner Baxter moved to delay referral of BCV #1940 against
Donna and Harvey Carey for a period of 30 days to allow time for the
property owner to apply for the proper permit. Seconded by Commissioner
Harbert, the motion carried unanimously.
BCV #1961 - Vincente Martinez: Mr. Schuett made this a matter of record
and stated the violation is a mobile home without a permit. He entered
into the record a letter received on March 4, 1994, from Vincente Martinez
which stated the mobile home is being moved to another lot within ten days
and an application for a building permit has been submitted. After
discussion, Commissioner Baxter moved to delay referral of BCV #1961
against Vincente Martinez for a period of 30 days. Seconded by
Commissioner Hall, the motion carried unanimously.
BCV #2031 - Joseph and Carol Hansford: Mr. Barker made this a matter of
record. Mr. Schuett explained two sheds were constructed without permits.
The property owner was neither present nor represented. Commissioner Hall
moved to refer BCV #2031 against Joseph and Carol Hansford to the County
Attorney for legal action. Seconded by Commissioner Baxter, the motion
carried unanimously.
This Certification was approved on the 9th day of March, 1994.
4 ::::::::COUNTY
ATTEST: Wa44 COMMISSIONERS
WELD COUNTY COLORADO
Weld County Clerk to e Board /114kCJI
I 772)))47 -1-7
By: W. 'Ii. Webster, hairman ` lllL���'9//f
Deputy Clerk to the Bo
Dale ., Hall, Pro- em
TAPE #94-11 eorge „j
G . Baxter
RESO #940241, #940242, #940244
#940245, #940246 (
Constance L. Harbert
PL0824
EXCUSED
Barbara J. Kirkmeyer
940241
RECORD OF PROCEEDINGS
VIOLATION HEARINGS AGENDA
Tuesday, March 8, 1994 TAPE #94-11
ROLL CALL: W. H. Webster, Chairman
Dale K. Hall, Pro-Tem
George E. Baxter
Constance L. Harbert
Barbara J. Kirkmeyer - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol Harding
Planning Department representative, Keith Schuett
Interpreter, John Gomez
PLANNING: 1) BCV #2082 - Haro
2) VI #2019 - Johnson
3) VI #2018 - Stienmetz
4) VI #2023 - Miller
5) VI #2003 - Mata
6) VI #2015 - Wiedeman
7) VI #2022 - Dominguez
8) VI #1991 - Sittingdown
9) VI #2016 - Greenfield
10) VI #2021 - Noland
11) VI #2012 - Eyster
12) BCV #1919 - River Valley Village/Gonzales
13) BCV #1940 - Carey
14) BCV #1961 - Martinez
15) BCV #2031 - Hansford
Tuesday, March 8, 1994
940241
mEMORAnDUm
IIIIk Board of County Commissioners March 4, 1994
re Date
Department of Planning Services
COLORADO From •
Zoning and Building Code Violations Heari
Subject:
The Department of Planning Services has scheduled the following violations to be
considered at the March 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-2019, Johnson VI-2021, Noland
Section(s) 33.4. 5, 33.4.4.5, and 33.4.4 Section(s) 34.4.2 and 34.4.5
Commercial junkyard Outside storage
VI-2018, Stienmetz VI-2012, Eyster
Section(s) 32.2.2 Section(s) 31.2
Derelict Vehicles Commercial business
VI-2023, Miller BCV-1919, River Valley Village/Gonzales
Section(s) 31.3 Section(s) 20.9.8 and 70.4.2
Building over 1,500 square feet Need steps, landings, final
VI-2003, Mata BCV-1940, Carey
Section(s) 31.2 and 31. 3.9 Section(s) 70
Noncommercial junkyard Mobile home without permit
VI-2015, Wiedeman BCV-1961, Martinez
Section(s) 31.2 and 31. 3.9 Section(s) 70
Noncommercial junkyard Mobile home without permit
VI-2022, Dominguez BCV-2031, Hansford
Section(s) 31.2 and 31. 3.9 Section(s) 30
Noncommercial junkyard Buildings without permits
VI-1991, Sittingdown BCV-2082, Haro
Section(s) 31.2 and 31.3.9 Section(s) 70
Noncommercial junkyard 3 mobile homes without permits
VI-2016, Greenfield
Section(s) 34.3, 34.2.5, and 34.3.5
Outside storage
940241
DATE: March 8, 1994
VIOLATION NUMBER: VI-2019
NAME: Frederick H. and Belynda Johnson
ADDRESS: 1034 E. 18th Street
Greeley, CO 80631
LEGAL DESCRIPTION: Lot 2 of the SE4 SE4 of Section 9, T5N, R65W of the 6th
P.M. , Weld County, Colorado.
CASE SUMMARY
December 10, 1993 Five-day compliance encouragement letter issued.
January 3, 1994 Property inspected. Property still in violation.
January 6, 1994 Violation letter issued.
February 1, 1994 Letter received from property owner.
February 24, 1994 Property inspected. Property still in violation.
February 25, 1994 Letter sent to property owner indicating that the
violation case was scheduled before the Board of County
Commissioners.
The commercial business or salvage is a violation of Section(s) 33.4.5, 33.4.4.5,
and 33.4.4 of the Weld County Zoning Ordinance. To correct the violation a Use
by Special Review permit and a Site Plan Review must be approved or the
commercial junkyard must be removed from the property.
The Department of Planning Services 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.
940241
INSPECTION REPORT
NAME: Frederick H. and Belynda Johnson
LEGAL DESCRIPTION OF PROPERTY: Lot 2 of the SE4 SE4 of Section 9, T5N,
R65W of the 6th P.M. , Weld County,
Colorado.
DATE: February 24, 1994
CASE NUMBER: VI-2019
There is still a commercial junkyard or salvage yard (derelict vehicles) located
on the property without a Use by Special Review permit or a Site Plan Review.
One picture taken.
47-40(_/-1
Barry
Building Inspection Technician
940241
INTERNAL CASE MEMORANDUM
TO: Case File FROM: Barry Kramer
NAME: Frederick H. and Belynda Johnson
DATE: February fl, 1994
CASE NUMBER: VI-2019
I sent Mr. and Mrs. Johnson a Special Review packet as per their request in
a letter received by our office on February 1, 1994.
94921
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(i /) SOIL"/
The Department of Planning Service:
it has been brought to niv attention that hit; hereto running an auto repair shop anu
commercial junkyard or s h•age yard without the proper Special Review Permit. T feel that
the int(► oration regarding this issue has been nusunciecsioidl, i41v iaif►.;►, wiiic.ti is tvix .
r^Stor' s can, in the day during hi!,: try: time. He owns a majority of the veh.tcl≥'s' and does
ms work merely for pleasure.
!n renlrt4 to your letter. we have removed all of the "junk", and are worlong at
finishing our privacy line around the test of the yard.
►have a►so been informed that letters would be sent to me stating what.1 can dko. or
what I need to do to straighten :dll of this out. Still T have not received them. T feel it
difficult to go any further without these letters, so the information on this matter would be
srcatly appreciated. Thank-you.
,gyred 'Johnson
J5Z- 4 fir) 9 '
jo rO:Mcn"
7 FEB 1994
'(laid Priority Planning
940Z11
DEPARTMENT OF PLANNING SERVICES
ID
PHONE (303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
111 C.
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
Date: January 6, 1994 Violation Number: VI-2019
Name: Frederick H. and Belynda Johnson
Address: 1034 E. 18th Street
Greeley, CO 80631
Legal Description: Lot 2 SE4 SE4 of Section 9, T5N, R65W of the 6th P.M. ,
Weld County, Colordo.
The uses on the above described property are being considered as zoning
violations of Section(s) 31.2, 33.4.5, 33 .4.4.5, and 33.4.4 of the Weld County
Zoning Ordinance.
The present uses of the property (auto repair without a Site Plan Review and a
commercial junkyard or salvage yard without a Special Review permit) are uses not
allowed by right in the C-3 (Commercial) zone district.
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 February 6, 1994, to correct this
zoning violation. Failure to do so will result in this office referring 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.
ith A. Schuett
Current Planner
C 93-153
940241
INSPECTION REPORT
NAME: Frederick H. and Belynda Johnson
LEGAL DESCRIPTION OF PROPERTY: Lot 2 SE4 SE4 of Section 9, T5N, R65W of the
6th P.M. , Weld County, Colorado.
DATE: January 3, 1994
CASE NUMBER: C-93-153
1034 E. 18th Street, Greeley, CO 80631. The property was reinspected to
determine if an auto repair business, auto storage and salvage, and junkyard was
located on the property without a Site Plan Review and in violation of the uses
allowed by right in the C-3 (Commercial) zone district. The auto repair
business, auto storage and salvage, and junkyard was are still located on the
property. No permits or change of zone have been applied for. The property is
not in compliance at this time.
Current Planner
9402111
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
140 N• O ORAAVENUEO631
GREELEY, COLORADO 80631
COLORADO
December 10, 1993
Frederick H. and Belynda Johnson
1034 E. 18th Street
Greeley, CO 80631
Subject: C-93-153, Property located on Lot 2, of the SE4 SE4 of Section 9,
T5N, R65W of the 6th P.M. , Weld County, Colorado.
Dear Mr. and Mrs. Johnson:
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 an auto
repair business, auto storage and salvage, and junkyard located on the property
without a Site Plan Review and in violation of the use allowed by right in the
C-2 (Commercial) zone district.
Please call me within five working days of the date of this letter to review the
concern with me.
Sincerel
. u t
urrent Planner
KAS/sfr
940241
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